text:
Citation
1
1
This Order may be cited as the Boston Harbour Revision Order 1989.
2
The Boston Corporation Acts 1812 to 1935 and this Order may be cited together as the Boston Harbour Acts and Order 1812 to 1989.
Interpretation
2
In this Order–
“the Company” means Port of Boston Limited;
“the Council” means the Boston Borough Council;
“the undertaking” means, in relation to any period before the vesting day, the undertaking of the Council in relation to the Boston port, harbour and dock, and in relation to any period on and after the vesting day, the undertaking of the Company as from time to time authorised;
“the vesting day” has the meaning given to it by article 3 of this Order.
Vesting day
3
In this Order “the vesting day” means the day after the day on which expires a period of four weeks beginning with the date on which this Order comes into force.
Designation of Company as harbour authority
4
On the vesting day the Company shall become the harbour authority for the Boston port, harbour and dock and the Council shall cease to be the harbour authority.
Transfer of functions, property etc.
5
1
On the vesting day there shall be transferred from the Council to the Company all statutory and other powers and duties conferred or imposed on the Council in relation to the undertaking, and accordingly as from that day all such statutory provisions, and any byelaws made thereunder, shall have effect, subject to the necessary modifications, as if for any reference therein (however worded and whether express or implied) to the Council there were substituted a reference to the Company.
2
On the vesting day there shall be transferred to and vested in the Company the undertaking as existing immediately before that day, including the lands, works, buildings, machinery, and stores, all other real and personal property, assets and effects, rights, powers and privileges vested in or enjoyed by the Council, and all liabilities and obligations to which the Council are then subject, in relation to the undertaking.
3
Every byelaw in force in relation to the undertaking immediately before the vesting day, and every licence issued thereunder and in force immediately before that day shall have effect as if made or issued by the Company and, in the case of byelaws, confirmed as provided in this Order.
Incorporation of Harbours, Docks and Piers Clauses Act 1847
6
As from the vesting day, the Harbours, Docks, and Piers Clauses Act 1847 (except sections 6 to 19, 24, 25, 31, the proviso to section 32, sections 42 and 48 to 50), so far as applicable to the purposes of and not inconsistent with the provisions of this Order, is hereby incorporated with this Order subject to the following modifications, that is to say:–
a
section 23 shall be read and have effect as if the words “provided that no such lease be granted for a longer term than three years” were omitted;
b
section 63 shall be read and have effect as if for the words from “liable to” to the end of the section there were substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”; and
c
section 69 shall be read and have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
Contracts to be binding
7
All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by the Council and in force at the vesting day shall be as binding and of as full force and effect in every respect against or in favour of the Company as they have heretofore been against or in favour of the Council and may be enforced as fully and effectively as if instead of the Council the Company had been a party thereto.
Proceedings not to abate
8
All legal and other proceedings begun before the vesting day and relating to any property or liabilities transferred to the Company under this Order may be carried on with the substitution of the Company as a party to the proceedings in lieu of the Council and any such proceedings may be amended in such manner as may be necessary for that purpose.
Byelaws
9
1
Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Company under any statutory power transferred to the Company by this Order as if the Company were a local authority and the secretary of the Company were a proper officer of a local authority; but, subject to paragraph (2) below, the Secretary of State may confirm the byelaws with such modifications as he thinks fit.
2
Where the Secretary of State proposes to make a modification which appears to him to be substantial, he shall inform the Company and require it to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Company and by other persons who have been informed of it.
Repeals
10
The enactments referred to in column (1) of the Schedule to this Order are hereby repealed to the extent specified in column (2) of that Schedule.
Paul Channon
Secretary of State for Transport
19th June 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Income Tax (Interest Relief) (Qualifying Lenders) Order 1989.
2
The bodies named in article 3 below are prescribed for the purposes of section 376 of the Income and Corporation Taxes Act 1988 and shall become qualifying lenders with effect from the dates and in respect of the loans specified in the following paragraphs —
a
with effect from the thirtieth day after the making of this Order, in relation to new loans (that is loans which are made on or after that day);
b
with effect from the making of this Order, in relation to transferred loans (that is loans transferred from another qualifying lender on or after the making of this Order the interest on which is at the time of transfer relevant loan interest payable by a qualifying borrower);
c
with effect from the 6th April 1990, in relation to other loans made by the body concerned before the thirtieth day after the making of this Order.
3
The following are the bodies referred to in article 2 above —
Barshelfco (NO. 15) Limited
Barshelfco (NO. 16) Limited
Barshelfco (NO. 17) Limited
Barshelfco (NO. 18) Limited
Bear Stearns Home Loans Limited
Bear Stearns Mortgage Securities NO. 1 Limited
Bear Stearns Mortgage Securities NO. 2 Limited
Bear Stearns Mortgage Securities NO. 3 Limited
Bear Stearns Mortgage Securities NO. 4 Limited
BCMB Homes Limited
BCMB Mortgages Limited
British & Commonwealth Merchant Bank PLC
British National Life Sales Limited
BT Mortgages Limited
B.T.I. Investments Limited
Capital Financial Services PLC
Credit Agricole Personal Finance plc
Credit Agricole Mortgage Company NO. 4 Limited
Credit Agricole Mortgage Company NO. 5 Limited
Credit Agricole Mortgage Company NO. 6 Limited
Credit Agricole Mortgage Company NO. 7 Limited
Credit Agricole Mortgage Company NO. 8 Limited
Credit Agricole Mortgage Company NO. 9 Limited
Credit Agricole Mortgage Company NO. 10 Limited
Elleon Mortgages Limited
Endle Homes Limited
Finance for Home Loans (12) Limited
Finance for Home Loans (13) Limited
Finance for Home Loans (14) Limited
Finance for Home Loans (15) Limited
Finance for Home Loans (16) Limited
First Bank National Association
Grovelea Limited
Kansallis–Osake–Pankki
Lytton Grove Properties Limited
Manufacturers Hanover Trust Company
MFC Finance NO. 2 Limited
MFC Finance NO. 3 Limited
MFC Finance NO. 4 Limited
MFC Treasury Limited
Mortgage Asset Residential Securities NO. 1 PLC
Mortgage Asset Residential Securities NO. 2 PLC
Mortgage Funding Corporation NO. 6 Limited
Mortgage Funding Corporation NO. 7 Limited
Mortgage Funding Corporation NO. 8 Limited
Mortgage Funding Corporation NO. 9 Limited
Mortgage Funding Corporation NO. 10 Limited
Mortgage Funding Corporation NO. 11 Limited
Mortgages plc
Paribas Throgmorton Mortgages Limited
Paribas Gracechurch Mortgages Limited
Paribas Threadneedle Mortgages Limited
Paribas Fenchurch Mortgages Limited
Paribas Moorgate Mortgages Limited
Passgrab Limited
Poshtriple Limited
Premier Assets Corporation NO. 1 PLC
Premier Assets Corporation NO. 2 PLC
Premier Assets Corporation NO. 3 PLC
Recordrare Limited
Recordselect Limited
Refal 223 Limited
Residential Mortgage Funding Corporation Limited
Residential Mortgage Funding Corporation NO. 1 Limited
Rightcycle Limited
Scotlife Home Loans (NO. 4) Limited
State Bank of South Australia
The Mortgage Business Limited
The Sanwa Bank Limited
TMC Mortgage Securities NO. 16 PLC
TMC Mortgage Securities NO. 17 PLC
TMC Mortgage Securities NO. 18 PLC
TMC Mortgage Securities NO. 19 PLC
TMC Mortgage Securities NO. 20 PLC
Urbandate Limited
WBS Estates Limited
WBS Insurances Services Limited
Wigmore Mortgages (NO. 1) Limited
Wigmore Mortgages (NO. 2) Limited
Wigmore Mortgages (NO. 3) Limited
Wigmore Mortgages (NO. 4) Limited
4
Article 2 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1983 shall be amended by omitting the words —
“Altajir Limited”.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
24th May 1989


text:
1
This Order may be cited as the Value Added Tax (Education) Order 1989 and shall come into force on 1st April 1989.
2
Group 6 (education) of Schedule 6 to the Value Added Tax Act 1983 shall be varied as follows–
a
in item 1, after the word “school” there shall be inserted the words “, eligible institution”;
b
there shall be added at the end of note (1) the words
but excludes–
courses in English as a foreign language which are provided for payment which exceeds the full cost of providing the courses; and
holiday courses of an essentially recreational or sporting nature.
.
c
by inserting after note (3) the following note–
3A
For the purposes of item 1 above “eligible institution” means–
a
an institution to which section 132(6) of the Education Reform Act 1988 applies;
b
an institution to which section 77(5) of the Education (Scotland) Act 1980 applies;
c
an institution to which grants are paid by the Department of Education for Northern Ireland under article 66(2) of the Education and Libraries (Northern Ireland) Order 1986 ;
d
the Cambridge Institute of Education, the Royal College of Art and the Cranfield Institute of Technology.
.
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1989


text:
1
This Order may be cited as the Unitary Development Plans (Tyne and Wear) (Appointed Day) Order 1989 and shall come into force on 8th May 1989.
2
8th May 1989 is appointed as the day on which Part I of Schedule 1 to the Local Government Act 1985 shall come into force in the areas of the local planning authorities listed in the Schedule hereto.
Nicholas Ridley
Secretary of State for the Environment
10th April 1989


text:
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1989 and shall come into force on 3rd April 1989.
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 are hereby amended so that in the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing amount Substituted amount
46(2)(a) £110 £115 46(2)(b)(i) £110 £115 46(2)(b)(ii) £13 £14 50(a) £640 £665 £60 £63 50(b) £320 £330 50(c) £1370 £1425 57(5) £7.50 £7.75
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1989


text:
Citation
1
This Order may be cited as the Legal Aid Act 1988 (Commencement No.3) Order 1989.
Provisions coming into force on 1st April 1989
2
The following provisions of the Legal Aid Act 1988 shall come into force on 1st April 1989:
sections 1 and 2, section 3(2), (3) and (4), sections 4 to 28, section 30(1) and (2), sections 31 to 34, sections 36 to 43, section 45, Schedules 2, 3, 5 and 6, Schedule 7 paragraphs 1, 2, 3, 4, 5, 9, 10 and 11.
Savings
3
The saving provisions mentioned in the Schedule shall have effect.
Mackay of Clashfern, C.
Dated 28th February 1989


text:
Citation and commencement
1
This Order may be cited as the Annual Close Time (River Dee (Aberdeenshire) Salmon Fishery District) Order 1989 and shall come into force on 27th August 1989.
Period within the annual close time for salmon fishing by rod and line
2
For the part of the River Dee (Aberdeenshire) salmon fishery district specified in the Schedule to this Order, the period within the annual close time (the dates of which are, by virtue of the provisions referred to in section 6(2)(b) of the Salmon Act 1986, 27th August to 10th February) when it is permitted to fish for and take salmon by rod and line is prescribed as the period from 27th August to 31st October, both dates inclusive.
L. V. McEwan
Assistant Secretary, Scottish Office
Department of Agriculture and Fisheries for Scotland
Pentland House,
Edinburgh
15th August 1989


text:
1
This Order may be cited as the Public Telecommunication System Designation (Andover Cablevision Limited) Order 1989 and shall come into force on 8th August 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Robert Atkins
Parliamentary under Secretary of State,
Department of Trade and Industry
7th July 1989


text:
Title and Commencement
1
These Regulations may be cited as the Bovine Offal (Prohibition) Regulations 1989 and shall come into force on 13th November 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Food Act 1984;
“excepted premises”, in the case of specified bovine offal, means–
a hospital, medical or veterinary school, laboratory or similar institution for instructional or diagnostic purposes or the premises of a manufacturing chemist (in circumstances where he receives the offal for the manufacture by him of pharamaceutical products); or
premises used for the manufacture of products other than food and not used for the manufacture of food;
“head” does not include tonsils;
“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;
“processor” has the meaning given to it in the Meat (Sterilisation and Staining) Regulations 1982 and also includes a waste food processor licensed under the provisions of the Diseases of Animals (Waste Food) Order 1973 to receive unprocessed waste food;
“sell” includes have in possession for sale or offer or exposed for sale and “sale” and “sold” shall be construed accordingly;
“slaughterhouse” has the same meaning as in the Act, except that it does not include any place available in connection with a slaughterhouse and used solely for the manufacture of bacon, ham, sausages, meat pies or other manufactured meat products, or for the storage of meat used in such manufacture;
“specialist boning plant” means premises (not being a slaughterhouse or knacker’s yard) where a business of removing meat from bones is carried on but does not include any premises where such removal of meat is made in the course of or for the purposes of the sale by retail of meat;
“specified bovine offal” means the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal which has been slaughtered in the United Kingdom and no longer comprises a whole dead animal, and “excluded matter” means any part of such an animal which part does not consist of or contain any specified bovine offal;
“stained” has the meaning given to it in the Meat (Sterilisation and Staining) Regulations 1982 and “stain” and “staining” shall be construed accordingly;
“sterilised” has the meaning given to it in the Meat (Sterilisation and Staining) Regulations 1982 and “sterilise” and “sterilisation” shall be construed accordingly.
2
For the purposes of these Regulations–
a
the supply of food otherwise than by sale at, in or from any place where food is supplied in the course of a business, shall be deemed to be a sale of that food; and
b
where, in connection with any business in the course of which food is supplied, the place where the food is served to the customers is different from the place where the food is consumed, both those places shall be deemed to be places in which food is sold.
Exemptions
3
1
These Regulations shall not apply in respect of specified bovine offal of a bovine animal not more than six months old when slaughtered.
2
The requirements as to sterilisation and staining and restrictions on movement in these Regulations shall not apply in the case of–
a
any specified bovine offal which is removed or is intended to be removed from any place by, or under the authority of, a veterinary surgeon for examination by him or on his behalf, or
b
any specified bovine offal which is neither held for the purposes of a business nor on premises on which the bovine animal whose offal it is has been slaughtered.
Prohibition of sale
4
No person shall–
a
sell, or
b
use in the preparation of food for sale, for human consumption,
b
any specified bovine offal.
Requirements as to sterilisation and staining of specified bovine offal in slaughterhouses
5
1
Subject to regulation 10(3) and to paragraphs (2), (3) and (4) below, any specified bovine offal at a slaughterhouse shall immediately be sterilised by the occupier at the slaughterhouse or be placed by him a room or receptacle designed for the purpose of holding meat awaiting sterilisation and bearing a notice stating that its contents are to be sterilised on the premises, and shall then be sterilised by him at the slaughterhouse.
2
The requirements as to sterilisation imposed by paragraph (1) above shall not apply in the case of any specified bovine offal which–
a
is stained by the occupier of the slaughterhouse immediately after slaughter; or
b
is intended to be removed from the slaughterhouse under the authority of a movement permit issued pursuant to regulation 12 to excepted premises.
3
The requirement as to sterilisation imposed by paragraph (1) above shall not apply in the case of the brain of a bovine animal contained within its head which is intended to be removed from the slaughterhouse to a specialist boning plant under the authority of a movement permit issued pursuant to regulation 12 where that head is intended to be removed there for the purpose of the recovery of meat (other than specified bovine offal) from it.
4
Nothing in this regulation shall be taken to prohibit the severance of specified bovine offal from any excluded matter which is not intended for sterilisation or staining, and things to be done immediately under this regulation shall be taken to be so done where any delay is attributable solely to that severance.
Prohibition of removal of specified bovine offal from a slaughterhouse
6
Subject to regulations 10(1) and (2) and 11(2) no person shall remove or cause or permit to be removed from a slaughterhouse any specified bovine offal unless–
a
it has been sterilised in accordance with regulation 5;
b
it has been stained in accordance with regulation 5 and is intended to be delivered to a destination specified in regulation 11(1)(b) or (c) and its removal to that destination is authorised by a movement permit issued pursuant to regulation 12; or
c
it is intended to be delivered to excepted premises and its removal to those premises is authorised by a movement permit issued pursuant to regulation 12.
Prohibition of removal of specified bovine offal from a place other than a slaughterhouse or a knacker’s yard
7
1
No person shall remove or cause or permit to be removed from any place of which he is the occupier, not being a slaughterhouse or knacker’s yard, any specified bovine offal unless–
a
it has been sterilised;
b
it has been stained and is intended to be delivered to a destination specified in regulation 11(1)(b) and (c) and its removal to that destination is authorised by a movement permit issued pursuant to regulation 12;
c
it is intended to be delivered to excepted premises and its removal to those premises is authoried by a movement permit issued pursuant to regulation 12;
d
it is intended to be delivered to a knacker’s yard; or
e
it is intended to be delivered to a slaughterhouse, together with the carcase to which it relates, in accordance with regulation 21(b) of the Slaughterhouses (Hygiene) Regulations 1977 .
2
In paragraph (1)(e) above “carcase” has the same meaning as it has in the Slaughterhouse (Hygiene) Regulations 1977.
Prohibition on freezing
8
1
Subject to paragraph (2) below, no person shall freeze any specified bovine offal in a slaughterhouse or any other place unless it has been sterilised or stained.
2
The prohibition in paragraph (1) above shall not apply in the case of any specified bovine offal which is intended to be removed, under the authority of a movement permit issued pursuant to regulation 12, to excepted premises.
Prohibition of bringing in of specified bovine offal from Scotland or Northern Ireland
9
1
No person shall bring, or cause or permit to be brought into England and Wales from Scotland or Northern Ireland any specified bovine offal unless–
a
it has been sterilised;
b
it has been stained and is intended to be delivered to a destination specified in regulation 11(1)(b) or (c) and it is accompanied to that destination by a consignment note or permit; or
c
it is intended to be delivered to excepted premises and is accompanied to that destination by a consignment note or permit.
2
The driver of the vehicle in which specified bovine offal is delivered to any premises accompanied by a consignment note or a permit shall give that note or a copy of that permit to the occupier of that premises, who shall retain it for a period of two years from the date on which he received it and within seven days of that date send a copy thereof to the local authority in whose district those premises are or that specified bovine offal is located. Any consignment note or copy permit retained by an occupier of premises in accordance with the requirements of this paragraph shall be made available for inspection by an authorised officer at any reasonable time.
3
On receipt of any such copy of a consignment note or permit in accordance with paragraph (2) of this regulation the local authority shall, if the specified bovine offal to which it relates has been brought in from Scotland, forthwith notify in writing the local authority in Scotland from whose district the specified bovine offal has been brought in, or, if the specified bovine offal has been brought in from Northern Ireland, notify in writing the Department of Agriculture for Northern Ireland of the arrival of the consignment related to the consignment note or permit.
4
In this regulation–
“consignment note” means a consignment note issued in pursuance of Part III of the Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 ; and
“permit” means, in relation to specified bovine offal, a permit issued under the provisions of regulation 16 of the Meat Shipping Regulations (Northern Ireland) 1964 or a movement permit issued under the provisions of regulation 20 of the Meat (Sterilisation and Staining) (Northern Ireland) Regulations 1984 authorising the removal of that specified bovine offal to the premises to which it is to be delivered.
Exemption from requirements as to sterilisation and staining of specified bovine offal in slaughterhouses
10
1
Specified bovine offal which has been neither sterilised nor stained may be removed from a slaughterhouse which is not equipped with facilities for the sterilisation of specified bovine offal if–
a
each destination referred to in regulation 11(1) to which it is reasonably practicable to deliver that specified bovine offal is, by reason of permanent or temporary closure of the premises or a breakdown of the machinery installed therein or a trade dispute, unable to receive it;
b
that specified bovine offal is transported in a vehicle or in an impervious container which, in either case, bears a notice of adequate size which is conspicuously visible and contains a distinct, legible and unambiguous statement to the effect that the specified bovine offal carried therein is not for human consumption; and
c
that specified bovine offal is removed, in accordance with an arrangement in writing with, and under the supervision of, an authorised officer of the local authority in whose district the slaughterhouse is situated, to a place where it is buried or destroyed.
2
There may be removed from a slaughterhouse which has exhausted, and cannot practicably replenish, its supplies of staining fluid, specified bovine offal, which has neither been sterilised nor stained, if that bovine offal is delivered to a destination referred to in regulation 11(1)(b) or (c) in accordance with an arrangement in writing with, and under the supervision of, an authorised officer of the local authority in whose district the slaughterhouse is situated.
3
Where any specified bovine offal is removed from a slaughterhouse in accordance with paragraph (1) or (2) above the occupier of that slaughterhouse is exempt from any requirement imposed by these Regulations to sterilise or stain that specified bovine offal.
Removal of specified bovine offal
11
1
Specified bovine offal may be removed, in accordance with a movement permit issued pursuant to regulation 12, to one of the following destinations–
a
excepted premises;
b
the premises of a processor for sterilisation by him; or
c
the premises of a person for preparation before further removal to a processor, or for storage before further removal to a destination specified in sub-paragraph (a) or (b) above.
2
The head of a bovine animal from which the brain has not been removed may be removed from a slaughterhouse, in accordance with a movement permit issued pursuant to regulation 12, to a specialist boning plant for the recovery of meat (other than specified bovine offal) from that head.
3
Any specified bovine offal which is removed to a destination referred to in paragraph (1)(b) or (c) of this regulation shall be removed in a vehicle or in an impervious container which, in either case, is kept closed and locked or sealed at all times except when necessary for the loading or unloading of the contents or their examination by an authorised officer and which bears a notice of adequate size which is conspicuously visible and contains a distinct, legible and unambiguous statement to the effect that the specified bovine offal carried therein is not for human consumption, which notice shall be affixed by the occupier of the place from which it is removed.
4
There shall not be removed from any relevant premises (that is to say, any premises specified in paragraph (1)(a), (b) or (c) above or any specialist boning plant) any specified bovine offal unless–
a
that specified bovine offal has been sterilised or, in the case of the brain of a bovine animal to be removed from a specialist boning plant, it has been sterilised or stained;
b
that specified bovine offal is removed from the premises referrred to in sub-paragraph (c) of paragraph (1) above and is intended to be delivered to another destination referred to in sub-paragraphs (a) or (b) of paragraph (1) above and its removal to that destination is authorised by a movement permit issued pursuant to regulation 12;
c
that specified bovine offal cannot be disposed of at those relevant premises because of a permanent or temporary closure thereof or a breakdown of the machinery installed therein or a trade dispute, and it is removed therefrom in accordance with an arrangement in writing with, and under the supervision of, an authorised officer of the local authority in whose district those relevant premises are situated to another destination referred to in sub-paragraph (a) or (b) of paragraph (1) above or to a place where it is buried or destroyed; or
d
that specified bovine offal is removed from a hospital, medical or veterinary school, laboratory or similar institution in accordance with an arrangement in writing with, and under the supervision of, an authorised officer of the local authority in whose district those premises are situated to another destination referred to in sub-paragraph (a), (b) or (c) of paragraph (1) above or to a place where it is buried or destroyed.
Authorisation for removal of unsterilised specified bovine offal from a slaughterhouse or other place
12
1
In any case where these Regulations prohibit the removal of unsterilised specified bovine offal from premises without a movement permit and it is intended to remove such offal from such premises, the occupier of the premises shall, at least two working days before the day on which it is intended to remove that unsterilised specified bovine offal from those premises, apply to the local authority in whose district those premises are located and shall give to that authority the following information–
a
the date on which the removal is intended to take place;
b
the description of specified bovine offal intended to be moved and whether or not is has been stained;
c
the address and description of the premises to which that specified bovine offal is intended to be delivered; and
d
the expected date of arrival of the specified bovine offal at those premises.
2
Upon receipt of an application an authority shall, without undue delay, satisfy itself that the premises to which it is intended to deliver the unsterilised specified bovine offal the subject of the application are premises of a kind to which that specified bovine offal may be removed under the appropriate provision of these Regulations and are capable of processing or otherwise disposing of the specified bovine offal. If the premises are situated in the district of another local authority, the authority to whom the application was made shall notify that other authority that the application has been made, and shall take into account any information obtained from that authority in reaching its decision as to the nature of the premises.
3
When an authority is satisfied in respect of the matters referred to in paragraph (2) above it shall thereafter issue to the applicant a movement permit in the form specified in the Schedule to these Regulations (comprised by an original and three copies thereof) of which Part I has been duly completed by the authority.
4
When the occupier of any premises to which this regulation applies regularly delivers unsterilised specified bovine offal of a specific description to a particular destination, the authority in whose district the premises, or as the case may be the specified bovine offal, are or is situated shall, on application being made to it stating the description of that specified bovine offal and the address and description of that destination, authorise in advance each such movement by issuing such quantity of movement permits as it considers appropriate.
5
The occupier of any premises from which unsterilised specified bovine offal is removed under the authority of a movement permit shall complete Part II of the document delivered to him and shall give the original together with two copies thereof to the driver of the vehicle by which the specified bovine offal is to be removed and shall retain the other copy for a period of two years.
6
When the driver delivers the specified bovine offal to the premises named in the movement permit given to him he shall give to the occupier of those premises the documents delivered to him in accordance with paragraph (5) above.
7
The occupier shall then complete Part III of the documents and shall acknowledge receipt of the specified bovine offal thus delivered to him by signing the original and its two copies and shall, within seven days from the date of receipt of the specified bovine offal, send the original and one copy thereof to the local authority in whose district his premises are situated.
8
The occupier shall retain the other copy of the document for a period of two years from the date on which he received the specified bovine offal to which it relates.
9
If the driver is unable to deliver the specified bovine offal to the premises named in the movement permit given to him he shall without delay inform or cause to be informed either the authority by whom the permit was issued or the authority in whose district the premises are situated, who shall without delay authorise the delivery of the specified bovine offal to another destination referred to in regulation 11(1) or, if no such alternative destination is available, require the specified bovine offal to be returned to the premises from which it was removed, or to be buried or destroyed under its supervision.
10
In a case to which paragraph (9) above applies, the driver shall give to the occupier of the premises to which the specified bovine offal is delivered in accordance with that paragraph or, in the case of its burial or destruction, to the supervising authority the documents delivered to him in accordance with paragraph (5) above.
11
The occupier of the premises to which the specified bovine offal is delivered shall thereupon complete Part IV of the movement permit and acknowledge receipt of the specified bovine offal to which the permit relates by signing the original and its two copies and shall, within seven days from the date of receipt of the specified bovine offal, send the original and one copy of such permit to the local authority in whose district his premises are situated.
12
The occupier shall retain the other copy of such permit for a period of two years from the date on which he received the specified bovine offal to which it relates.
13
Any local authority to which is sent the original and a copy of a movement permit shall complete Part V thereof, shall retain the copy for a period of two years and (where it is not the issuer of the permit) shall send the original of such permit to the authority which issued it.
14
Any person required by paragraph (5), (8) or (12) of this regulation to retain a document shall make that document available for inspection by an authorised officer at any reasonable time.
15
In the regulation “the appropriate provision” means–
a
in respect of specified bovine offal which has not been stained, regulation 6(c), 7(c), 11(2) or 11(4)(b) above, as the case may be, and
b
in respect of specified bovine offal which has been stained, any provision indicated in sub-paragraph (a) above or regulation 6(b) or 7(b) above, as the case may be.
Requirement to sterilise or stain skulls containing brains
13
The occupier of a specialist boning plant receiving any head of a bovine animal, from which the brain has not been removed, for the removal of meat from the head shall, immediately after removal of the meat–
a
sterilise or stain the skull with the brain still inside the skull, or
b
remove the brain from the skull and sterilise or stain the brain.
Separation of meat fit for human consumption from specified bovine offal during storage
14
1
The provisions of this regulation shall apply to specified bovine offal once it has been severed from excluded matter which is fit for human consumption.
2
Subject to paragraph (4) below, no person shall store any meat fit for human consumption in the same room as any specified bovine offal unless the specified bovine offal, whether or not frozen, has been sterilised or stained and is stored according to an arrangement which ensures that it is at all times separated from the meat which is fit for human consumption.
3
Subject to paragraph (4) below, no person shall store any specified bovine offal unless any container, wrapper or other packaging used to hold it bears a notice of adequate size which is conspicuously visible and contains a distinct, legible and unambiguous statement to the effect that the specified bovine offal held therein is not for human consumption, together with the name of the packer and the address at which the specified bovine offal was packed.
4
It shall be a defence for any person charged with a contravention of, or failure to comply with, paragraph (2) or (3) above to prove that he did not know, and could not with reasonable diligence have ascertained, that the material was specified bovine offal.
Penalties and enforcement
15
1
If any person contravenes, or fails to comply with, any provision of these Regulations, or knowingly or recklessly makes a false statement or declaration in any document required by these Regulations for the movement of any specified bovine offal, he shall be guility of an offence and shall be liable–
a
on summary conviction, to a fine not exceeding level 5 on the standard scale ; and
b
on conviction on indictement, to a fine or imprisonment for a term not exceeding two years or both.
2
Each local authority shall enforce and execute the provisions of these Regulations in its district.
Application of various sections of the Act
16
1
Subject to paragraph (3) of this regulation, the following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations–
a
sections 95(5) and (6) (which relates to prosecutions);
b
section 97(1) and (3) (which relates to evidence of analysis);
c
section 99 (which relates to the power of a court to require analysis by the Government Chemist);
d
section 100 (which relates to a contravention due to some person other than the person charged);
e
section 102(2) (which relates to the conditions under which a warranty may be pleaded as a defence); and
f
section 103 (which relates to offences in relation to warranties and certificates of analysis).
2
Section 116 of the Act (which relates to protection of local government officers acting in good faith) shall have effect for the purposes of these Regulations as if references therein to that Act were references to these Regulations.
3
Section 99 shall apply for the purposes of these Regulations as if the reference therein to section 95(6) of the Act included a reference to that sub-section as applied by paragraph (1) of this regulation.
Amendment of the Slaughterhouses (Hygiene) Regulations 1977
17
The Slaughterhouses (Hygiene) Regulations 1977 shall be amended as follows–
a
by inserting in regulation 2(1) thereof after the defintion of “slaughterhouse licence” the following definition–““specified bovine offal” has the meaning given to it in the Bovine Offal (Prohibition) Regulations 1989.”; and
b
by inserting in paragraph (a) of regulation 21 thereof after the words “inspected and” the words “save for specified bovine offal have been”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food
8th November 1989
Kenneth Clark
Secretary of State for Health
8th November 1989
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
8th November 1989


text:
This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 1989.
G I de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No.3) Amendment Order 1989 and shall come into force on 17th November 1989.
Amendment of the principal Order
2
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No.3) Order 1989 shall be amended–
a
by omitting from the Schedule to that Order (the designated area) the areas described in Schedule 1 to this Order;
b
by inserting in the Schedule to that Order at the end the further areas described in Schedule 2 to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the District of South Staffordshire (Electoral Arrangements) Order 1989.
2
1
Subject to paragraph (2) below, this Order shall come into force on the ordinary day of election of councillors (within the meaning of section 37 of the Representation of the People Act 1983 ) in 1991 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force on 10th October 1990.
2
The provisions of this Order, in so far as they concern–
a
the abolition of the existing Perton ward, and
b
the Perton Central and Perton Dippons wards, as constituted by this Order,
together with article 5 below, shall come into force on 4th May 1989 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, they shall come into force forthwith.
3
1
The map referred to in this Order is the map marked“MAP REFERRED TO IN THE DISTRICT OF SOUTH STAFFORDSHIRE (ELECTORAL ARRANGEMENTS) ORDER 1989” and deposited with the Secretary of State.
2
Copies of the map, marked“COPY OF THE MAP REFERRED TO IN THE DISTRICT OF SOUTH STAFFORDSHIRE (ELECTORAL ARRANGEMENTS) ORDER 1989” shall be deposited with the council of the District of South Staffordshire and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the District of South Staffordshire shall be abolished and that District shall be divided into twenty-six wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the area designated on the map by reference to the name of the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of the Schedule to this Order opposite to the name of the ward as given in column 1 of that Schedule.
5
1
Elections of district councillors for the Perton Central and Perton Dippons wards, as constituted by this Order, shall take place on 4th May 1989.
2
The district councillor for the existing Perton ward shall retire on 8th May 1989 and the newly elected district councillors for the Perton Central and Perton Dippons wards, as constituted by this Order, shall come into office on that day.
3
The term of office for the district councillors for the Perton Central and Perton Dippons wards elected at the elections which take place under paragraph (1) above shall be two years and the district councillors for those wards, as constituted by this Order, shall retire together on the fourth day after the ordinary day of election of councillors (within the meaning of section 37 of the Representation of the People Act 1983) in 1991.
6
The registration officer shall make such re-arrangement or alteration of the register of local electors as may be necessary on account of the coming into force of this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
30th January 1989


text:
Citation, commencement and revocation
1
1
These regulations may be cited as the Civil Legal Aid (Matrimonial Proceedings) Regulations 1989 and shall come into force on 1st April 1989.
2
The Legal Aid (Matrimonial Proceedings) Regulations 1977 are hereby revoked.
Proceedings for divorce or judicial separation
2
After paragraph 5 of Part II of Schedule 2 to the Legal Aid Act 1988 there shall be added the following new paragraph:
5A
Proceedings for a decree of divorce or judicial separation unless the cause is defended, or the petition is directed to be heard in open court, or it is not practicable by reason of physical or mental incapacity for the applicant to proceed without representation; except that representation shall be available for the purpose of making or opposing an application–
a
for an injunction;
b
for ancillary relief, excluding representation for the purpose only of inserting a prayer for ancillary relief in the petition;
c
for an order relating to the custody of (or access to) a child, or the education or care or supervision of a child, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed;
d
for an order declaring that the court is satisfied as to arrangements for the welfare of the children of the family, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed; or
e
for the purpose of making or opposing any other application, or satisfying the court on any other matter which raises a substantial question for determination by the court.
.
Mackay of Clashfern, C.
Dated 23rd March 1989


text:
1
This Order may be cited as the Pool Betting Duty (Exemptions) Order 1989, and shall come into force on 1st September 1989.
2
In section 6(3) of the Act, the relevant monetary limits shall be those referred to in the provisions of the Lotteries and Amusements Act 1976 specified in section 6(4) of the Act, as those provisions have effect on 1st September 1989.
3
The Pool Betting Duty (Exemptions) Order 1985 is hereby revoked.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
3rd August 1989


text:
Citation and commencement
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Regulations 1989 and shall come into force on 1st August 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them: —
“ the Act ” means the Education (Scotland) Act 1980;
“aided place” means any place at the school, in respect of which place fees are to be remitted in accordance with the Scheme;
“aided pupil” means any child who has been admitted or is about to be admitted to an aided place;
“allowance” means an allowance payable by the Secretary of State in terms of these Regulations;
“fees” means —
tuition and other fees the payment of which is a condition of attendance at the school; and
fees for public examinations paid by the school in respect of candidates from the school;
“Scheme” means the Scheme for Aided Places at St Mary’s Music School set out in Schedule 1;
“school” means St Mary’s Music School, Edinburgh and references to the school include references to the managers thereof and persons acting with their authority; and “school year” means a period of 12 months commencing on 1st August of any year.
2
In these Regulations, unless the context otherwise requires, any reference to a regulation or Schedule is a reference to a regulation of, or a Schedule to, these Regulations and any reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Payment of allowances
3
1
The Secretary of State may pay to the school allowances in respect of persons attending the school as aided pupils.
2
Subject to the following provisions of these Regulations, the allowances referred to in paragraph (1) shall be of an amount equal to any fees or charges remitted or grants made by the school in terms of the Scheme.
3
Payment of the allowances referred to in paragraph (1) shall be subject to the school submitting claims in accordance with regulation 4 and complying with the conditions specified in regulation 5.
Claims for payment of allowances
4
1
The school may submit to the Secretary of State claims for payment of the allowances referred to in regulation 3 (hereinafter referred to as “reimbursement claims”) in respect of such periods, not being less than a term, as appear to it appropriate and, with his consent, claims may be submitted on the basis of an estimate of fees or charges remitted or grants made (“provisional claims”); but, where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a reimbursement claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.
2
As soon as is reasonably practicable after he is satisfied as respects a reimbursement claim, the Secretary of State shall pay allowance to the school in pursuance of the claim in accordance with these Regulations, without prejudice, however, where he considers it expedient to do so, to his making earlier payments of allowance on account in pursuance of the reimbursement claim or in pursuance of a provisional c laim in respect of the same period.
Conditions of payment
5
It shall be a condition of payment of an allowance that the Secretary of State is satisfied that —
a
in respect of the period to which the reimbursement claim relates, the school has applied the Scheme;
b
the school has remitted all fees and charges and made all grants, in respect of which the reimbursement claim is submitted, in terms of the Scheme;
c
in respect of the period to which the reimbursement claim relates, the school has complied with the requirements specified in regulations 7 to 16; and
d
the school has not, in respect of the school year relative to which, or part of which, the reimbursement claim is submitted, given aided places to —
i
more pupils than the Secretary of State, after consultation with the school, has specified; or
ii
more day or boarding pupils than the Secretary of State, after consultation with the school, may have specified.
Requirements following payment of allowances
6
When allowances have been paid to the school by the Secretary of State under these Regulations or under regulation 28 of the St Mary’s Music School (Aided Places) Regulations 1986 , the school shall comply with the requirements in regulations 7 to 16.
Publication of information
7
The school shall publish annually in a Scottish national newspaper circulating at least weekly, information on the following matters: —
a
that the school offers aided places in accordance with the Scheme;
b
one or more addresses and telephone numbers at which information about aided places may be obtained;
c
that, on written application being made by parents of children eligible for a place, information about the school will be supplied to them;
d
that information about the school is available for inspection or reference purposes at the times and places stated.
Supply of information
8
The school shall supply in writing to the parent of a pupil eligible for an aided place in the school, on a written request being made therefor, information of the kinds specified in Schedule 2.
Updating of information
9
The school shall review yearly and revise as necessary its provision of information of the kinds specified in Schedule 2 and such provision shall at all times state the school year to which the information therein referred to relates or refers and shall contain a warning that, although the information given is believed to be correct in relation to that year at a date specified in the provision, it should not be assumed that there will be no change in or affecting the matters covered by the provision —
a
before the commencement or during the course of the school year in question; or
b
in relation to subsequent school years.
Information to Secretary of State
10
The school shall furnish the Secretary of State with —
a
information required to be supplied under regulation 8 revised as necessary in accordance with regulation 9 not later than the end of the school year in which revision is made;
b
such periodic returns and other information as he may require relating to the school or pupils thereat, including in particular information relevant to an intended increase in fees for pupils at the school;
c
such information as he may require relating to any reimbursement claim or provisional claim submitted in accordance with these Regulations.
Fees
11
1
The school shall obtain the approval of the Secretary of State to all tuition and other fees and charges payable in respect of aided pupils and such fees and charges shall not include any sum to be paid into a bursary or similar fund.
2
The school shall not make it a condition of the attendance of an aided pupil at the school that any payment otherwise than in respect of fees be made to the school or into a fund specified by the school.
School accounts
12
1
The accounts of the school shall —
a
if the Secretary of State so requires, be kept in a form specified by him;
b
be audited by an independent auditor.
2
At the request of the Secretary of State, the school shall furnish him with copies of its accounts for such periods as he may specify together with copies of the auditor’s certificate relating to them.
School governing body
13
1
If, after consultation with the school, the Secretary of State so directs, the school shall, as from a date specified by him, permit —
a
one or two members appointed by him to be included on the governing body of the school; or
b
one or two persons representing him to attend, and take part in any discussions at, meetings of the governing body, notwithstanding that they are not members thereof and have no say in any decision taken thereat.
2
This regulation shall apply in relation to a committee or sub-committee of the governing body of the school and the meetings thereof as it applies in relation to the governing body and that body’s meetings.
3
The school shall permit a member of Her Majesty’s Inspectorate of Schools, on prior arrangement with the school, to attend any audition arranged by the school for the selection of pupils to be admitted to the school.
Proposals relating to premises
14
1
The school shall notify to the Secretary of State any proposals it has to —
a
acquire new premises, or
b
make alterations to existing premises.
2
If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.
Proposals relating to boarding arrangements
15
1
If the Secretary of State so requires, the school shall notify to him any proposals it has to —
a
make arrangements for boarding pupils, or
b
change existing arrangements for such pupils.
2
If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.
Overpayments
16
The school shall repay to the Secretary of State any overpayment of allowance which appears to him to have been made to the school and, in particular, but without prejudice to that generality, where the amount of any reimbursement claim under these Regulations is less than the amount paid to the school under a provisional claim, the school shall repay the amount overpaid to the Secretary of State.
Revocations
17
The St Mary’s Music School (Aided Places) Regulations 1986 , the St Mary’s Music School (Aided Places) Amendment Regulations 1987 and the St Mary’s Music School (Aided Places) Amendment Regulations 1988 are hereby revoked.
M B Forsyth
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th July 1989


text:
1
The lengths of the trunk road described in column 1 of the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as principal road as from the date on which the Secretary of State for Transport gives notification that the new motorway between Umberslade and Warwick in the case of the lengths of the trunk road given the reference letters A and B in column 2 of that schedule, and between Warwick and Wendlebury in the case of the lengths of the trunk road given the reference letters C, D and E, is open for through traffic —
a
in the case of the length given the reference letter A, to the Council of the Metropolitan Borough of Solihull;
b
in the case of the lengths given the reference letters B and C, to the Warwickshire County Council;
c
in the case of the length given the reference letter E, to the Oxfordshire County Council.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highways;
2
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the deposited plan” means the plan numbered HA10/2 WMRO (L) VIII marked “The A34 Winchester-Preston Trunk Road (North of Oxford to Monkspath) De-Trunking Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road” means the Winchester-Preston Trunk Road (A34);
iv
“the new motorway” means the motorway to be provided by the Secretary of State in pursuance of the M40 London-Oxford-Birmingham Motorway (Umberslade to Warwick Section) and Connecting Roads Schemes 1976 , and the M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads ( No. 1) Scheme 1984 , (No. 2) Scheme 1985 and (Supplementary) Scheme 1985 .
3
This Order shall come into force on 18th December 1989 and may be cited as the A34 Winchester-Preston Trunk Road (North of Oxford to Monkspath) De-Trunking Order 1989.
Signed by authority of the Secretary of State
D. R. Ritchie
Regional Director, West Midlands Region,
Department of Transport
1st December 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Order 1989 and shall come into force on 10th November 1989.
2
In this Order–
“ the Act ” means the Food and Environment Protection Act 1985;
“designated area” means the farms, holdings and agricultural and other premises described in the Schedule to this Order;
“the Milk Marketing Board” means the Milk Marketing Board for England and Wales established under the Agricultural Marketing Act 1958 .
Designated incident
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food in the areas described in the Schedule to this Order is, or may be, or may become unsuitable for human consumption in consequence of the escape of lead into imported animal feeding stuff.
Designated area
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Act.
Activities prohibited in the designated area
4
No person shall in the designated area–
a
slaughter any cattle for human consumption or for use in the preparation of feeding stuff;
b
prepare or process for supply to purchasers or others any food derived from cattle or anything from which food could be derived; or
c
feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order or which is derived from cattle that were in the designated area on or after 7th November 1989.
Restrictions on movement
5
Subject to article 7 of this Order, no person shall move any milk or milk product derived from any cattle or any cattle from which milk may be derived, or cattle from which meat or any other food for human consumption may be derived, from any farm, holding, agricultural or other premises described in the Schedule to this Order.
Restrictions throughout the United Kingdom
6
No person shall, in the United Kingdom–
a
slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area after the coming into force of this Order,
b
supply, or, subject to article 7 of this Order, have in possession for supply, any milk, milk product, meat or other food, derived from cattle that were in the designated area after the coming into force of this Order,
c
feed to any creature a feeding stuff the subject matter of the incident designated by article 2 of this Order that was taken from the designated area after the coming into force of this Order, or
d
supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(b) of this Order.
Exceptions to restrictions
7
1
Notwithstanding the restrictions in article 5 of this Order, the Milk Marketing Board may move milk from any farm, holding, agricultural or other premises described in the Schedule to this Order, subject to the condition set out in paragraph (2) below.
2
The condition referred to in paragraph (1) above is that such milk is processed into butter or milk powder.
3
Notwithstanding the restrictions in article 6(b) of this Order, there may be supplied to the Milk Marketing Board milk derived from cattle that were in the designated area after the coming into force of this Order, and the Milk Marketing Board may have in possession for supply butter or milk powder derived from such cattle.
Revocation
8
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1989 , the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Amendment Order 1989 and the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Amendment No. 2 Order 1989 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Special Hospitals Service Authority (Functions and Membership) Regulations 1989 and, except as provided in regulation 8, shall come into force on 1st July 1989.
2
In these Regulations, unless the context otherwise requires–
“the Authority” means the Special Hospitals Service Authority established by the Special Hospitals Service Authority (Establishment and Constitution) Order 1989 ;
“member” means the chairman or another member of the Authority.
Functions of the Authority
2
The Authority shall perform on the Secretary of State’s behalf the functions–
a
of developing policies relating to the provision and management of the special hospitals for the period following the coming into force on 1st October 1989 of the Boards for Special Hospitals (Abolition) Order 1989 ;
b
of developing systems and other arrangements with a view to the carrying on of these activities by the Authority after that date.
Appointment of members
3
The members of the Authority shall be appointed by the Secretary of State.
Tenure of office of members
4
Subject to regulation 5 of these Regulations and any provisions applied by these Regulations as to termination of and disqualification for membership, the tenure of office of members shall be for such period not exceeding four years as the Secretary of State shall specify on making the appointment.
Termination of tenure of office
5
1
A member may resign his office at any time during the period for which he was appointed by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is satisfied that it is not in the interest of the Authority or of the special hospitals that a person whom he has appointed as a member should continue to hold that office, he may forthwith terminate his tenure of office.
Application of regulations relating to membership and procedure
6
The provisions of regulation 5(4), (6) and (7) (termination of tenure of office), regulation 6 (eligibility for re-appointment), regulation 7 (disqualification for appointment), regulation 8 (cessation of disqualification), regulation 9 (election of vice-chairman), regulation 10 (powers of the vice-chairman), regulation 11 (appointment of committees and sub-committees), regulation 12 (arrangements for exercise of functions), regulation 13 (meetings and proceedings), regulation 14 (disability of chairman and members in proceedings on account of pecuniary interests), of, and Schedule 1 (rules as to meetings and proceedings of authorities) to, the National Health Service (Regional and District Health Authorities: Membership and Procedure) Regulations 1983 shall apply in relation to the Authority as if any reference in those provisions to an Authority included a reference to the Authority.
Reports and papers by the Authority
7
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each year, as the Secretary of State may direct and shall furnish to the Secretary of State such information and papers as he may from time to time require.
Revocation of regulations
8
The Rampton Hospital Board (Functions and Membership) Regulations 1986 , the Broadmoor Hospital Board (Functions and Membership) Regulations and the Moss Side and Park Lane Hospitals Board (Functions and Membership) Regulations are hereby revoked on 1st October 1989.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
8th June 1989


text:
1
This Order may be cited as the Alcoholic Liquor Duties Act 1979 (Repeal of Section 31) Order 1989 and shall come into force on 15th December 1989.
2
Section 31 of the Alcoholic Liquor Duties Act 1979 (which imposes restrictions on the delivery of immature spirits for home use) is hereby repealed.
Stephen Dorrell
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
14th November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Authorised Unit Trust Scheme (Investment and Borrowing Powers) (Amendment) Regulations 1989 and shall come into force on 4th September 1989.
Interpretation
2
In these Regulations, “the Principal Regulations ” mean the Authorised Unit Trust Scheme (Investment and Borrowing Powers) Regulations 1988 and, unless the context otherwise requires, words and expressions used in these Regulations have the meanings assigned to them in the Principal Regulations.
Amendment of definitions of “approved market” and “approved securities”
3
In regulation 2 of the Principal Regulations–
a
the definition of “approved market” shall be deleted and the following substituted–
“approved market” means the principal or only market established in a member State on which shares admitted to the Official List of that member State are dealt in or traded and the principal or only market established under the rules of an investment exchange specified in Part I of Schedule 1 to these Regulations and also any market specified in Part II of that Schedule;
; and
b
sub-paragraphs (a) and (b) of the definition of “approved securities” shall be deleted and the following substituted–
a
transferable securities which are admitted to the Official List of a member State;
b
transferable securities which are traded on or under the rules of an approved market otherwise than by virtue of the specific permission of the market authority; and
c
recently issued transferable securities,
.
Restriction of investment powers exercisable in relation to authorised unit trust schemes
4
1
Paragraph 9(2) of the Principal Regulations shall be deleted and the following substituted–
2
Subject to the provisions of paragraph (4), units in a collective investment scheme which has the characteristics described in section 78(6) of the Act or which is treated as having those characteristics by virtue of that provision being in either case a collective investment scheme which is managed or operated by the manager or by a person in the same group as the manager or by a person who is a controller of the manager or of whom the manager is a controller may not be acquired for a scheme or disposed of out of the property of a scheme unless the manager is under a duty–
a
in any case in which the units are issued in consideration for a sum which includes a charge made by the issuer of the units, to pay into the property of the scheme before the close of business on the fourth business day next after the agreement to buy the units, the maximum amount of any preliminary charge which may be made by the issuer of the units or, if the manager knows the price at which the relevant units would have been created at the time at which they were acquired, the difference between that price and the price he paid for the units if the price he paid for the units is greater than the relevant creation price; and
b
to pay into the property of the scheme before the close of business on the fourth business day next after the agreement to sell the units the amount of any charge which is made by the issuer on redemption of the units.
.
2
Paragraph 9(4) of the Principal Regulations shall be deleted and the following substituted–
4
Paragraph (2) shall have effect in relation to the acquisition or disposal of units included or to be included in the property of a money market fund or of any authorised securities scheme which is either a Government and other public securities fund or is a scheme more than 35% in value of the property of which consists of Government and other public securities as if the periods specified in paragraph (2)(a) and (b) were periods ending with the close of business on the business day next after the agreement to buy or, as the case may be, to sell the units in question.
.
Limitation on acquisition of influential stake
5
1
Regulation 16(1)(b)(ii) of the Principal Regulations shall be deleted and the following substituted–
b
ii
any investment falling within paragraph 2 of Schedule 1 to the Act issued by the same issuer being an investment which is neither a Government and other public security nor an investment which is convertible into an investment falling within paragraph 1 of that Schedule; or
.
2
The following paragraph shall be inserted after regulation 16(1) of the Principal Regulations–
1A
Subject to the provisions of paragraph (2), no investment which falls within paragraph 2 of Schedule 1 to the Act which is convertible into an investment falling within paragraph 1 of that Schedule shall be acquired for the property of an authorised securities scheme if the effect of the acquisition would be that the property of the scheme included more than 10% of any investment, other than a Government and other public security, which falls within paragraph 2 of Schedule 1 to the Act and is issued by the same issuer.
.
3
Regulation 16(2) of the Principal Regulations shall be deleted and the following substituted–
2
Neither the provisions of sub-paragraphs (a) and (b)(ii) of paragraph (1) nor those of paragraph (1A) shall have effect in any case in which it was not possible, at the time transferable securities were acquired, to ascertain whether the acquisition would contravene those provisions.
.
4
Regulation 25 of the Principal Regulations shall be deleted and the following substituted–
25
The provisions of regulation 16(1)(b)(ii) and (1)(A) and those of regulation 16(2) insofar as they relate to the provisions of regulation 16(1)(b)(ii) and (1A) shall apply in relation to a money market fund in the same way as they apply in relation to an authorised securities scheme.
.
Ability of securities scheme which is not a Government and other public securities fund to invest in Government and other public securities
6
Regulation 18 of the Principal Regulations shall be renumbered regulation 18(1) and the following shall be substituted for sub-paragraph (b) of that regulation–
b
up to 35% in value of the property of an authorised securities scheme may consist of Government and other public securities issued by the same issuer; and
c
up to 100% in value of the property of an authorised securities scheme may consist of Government and other public securities issued or guaranteed by the same person provided that the conditions described in paragraph (2) are fulfilled.
2
The conditions described in this paragraph are that–
a
if it is intended that it should be possible for more than 35% in value of the property of an authorised securities scheme to consist of Government and other public securities issued or guaranteed by the same person, the deed constituting the scheme in question and the most recently published scheme particulars must clearly state that fact and the identity of the issuer or guarantor in question; and
b
not more than 35% in value of the property of an authorised securities scheme shall consist of Government and other public securities issued or guaranteed by the same person unless–
i
the property of the scheme includes Government and other public securities issued or guaranteed by that person of at least six different issues;
ii
not more than 30% in value of the property of the scheme consists of Government and other public securities issued or guaranteed by that person of the same issue; and
iii
the most recently published scheme particulars clearly state that more than 35% in value of the scheme consist of Government and other public securities issued by the same issuer and identify the issuer or guarantor.
.
Approved markets and approved options and futures markets
7
1
In Part I of Schedule 1 to the Principal Regulations paragraph 6 shall be deleted and the following paragraphs substituted–
6
NASDAQ, the electronic inter-dealer quotation system operated by the National Association of Securities Dealers Inc.
7
The Securities Exchange of Thailand.
.
2
The following paragraphs shall be added to Part II of Schedule 1 to the Principal Regulations–
4
The market known as “the Grey Book Market” that is to say the market which is conducted by those persons for the time being included in the list maintained by the Bank of England for the purposes of section 43 of the Act under the conditions imposed by the Bank of England under that section.
5
The market in transferable securities issued by or on behalf of the Government of the United States of America conducted through those persons recognised and supervised by the Federal Reserve Bank of New York and known as primary dealers.
.
3
The Luxembourg Stock Exchange shall be added to the markets specified in Schedule 2 to the Principal Regulations.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th August 1989


text:
1
This Order may be cited as the Copyright (Application of Provisions relating to Educational Establishments to Teachers) (No. 2) Order 1989 and shall come into force on 1st August 1989.
2
Sections 35 and 36 of the Act (which provide for educational use of recordings of broadcasts and cable programmes and copying of passages from published works in which copyright subsists) and sections 137 to 141 of the Act (which provide for reprographic copying of works under licence) shall apply in relation to teachers who are employed by a local education authority to give instruction elsewhere to pupils who are unable to attend an educational establishment.
3
The Copyright (Application of Provisions relating to Educational Establishments to Teachers) Order 1989 is hereby revoked.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
26th June 1989


text:
1
This Order may be cited as the Immigration (Guernsey) (Variation) Order 1989 and shall come into force on 18th May 1989.
2
The Immigration (Guernsey) Order 1972 shall be further varied in accordance with the provisions of the Schedule to this Order.
G.I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
1
This Order may be cited as the Poultry Laying Flocks (Testing and Registration etc.) Order 1989 and, except for articles 9 and 10, shall come into force on 26th October 1989.
2
Articles 9 and 10 of this Order shall come into force on 2nd April 1990.
Interpretation
2
1
In this Order, unless the context otherwise requires, –
“ the Act ” means the Animal Health Act 1981;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“authorised laboratory” means a laboratory authorised by the Minister in writing for the purposes of this Order;
“chicks” means poultry less than 72 hours old which have not been fed;
“chick box liner” means any material used to line a box or other container in which chicks are transported from a hatchery to any rearing premises; “hatchery” means any premises on which the eggs of poultry are incubated or hatched and from which chicks are sold or supplied;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to an officer of the Minister, includes a veterinary inspector;
“laboratory” means any laboratory which has the necessary facilities and personnel for carrying out tests on samples mentioned in Part I of Schedule 2 in accordance with the provisions of Part II of that Schedule; “laying flock” means, except for the purposes of article 9, any flock of poultry consisting of –
not less than 25 birds which are kept for the production of eggs for human consumption (including birds which are being reared for that purpose); or
less than 25 birds any of the eggs of which are sold for human consumption;
and, for the purposes of article 9, “laying flock” means a flock of poultry consisting of not less than 100 birds which are kept for the production of eggs for human consumption (excluding birds which are being reared for that purpose);
“the Laying Flocks Register” means the Register kept by the appropriate Minister under article 9(2);
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“poultry” means domestic fowls of any age;
“rearing premises” means any premises on which birds are being reared at any time for the production of eggs for human consumption;
“registered person” means a person whose name is entered in the Laying Flocks Register in respect of any premises;
“vermin” means rats, flies, mice or cockroaches;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
2
After 1st June 1990 any reference in this Order to a laboratory shall be a reference to an authorised laboratory.
3
Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.
Taking of samples from laying flocks for testing
3
It shall be the duty of the owner or person in charge of a laying flock to ensure that –
a
samples are taken in respect of the flock in such manner as is specified in Part I of Schedule 1 and at such times as are so specified; and
b
such samples are submitted forthwith to a laboratory for testing (at his expense) for the presence of salmonella in accordance with a bacteriological method set out in Part II of that Schedule.
Testing of samples from laying flocks and reporting of results of tests
4
1
It shall be the duty of the person in charge of a laboratory to which a sample has been submitted under article 3(b) to ensure that –
a
the sample is tested for the presence of salmonella in acccordance with a bacteriological method set out in Part II of Schedule 1;
b
the result of such a test is reported in writing as soon as practicable to the person who submitted the sample; and
c
where, as a result of an examination carried out in accordance with the said bacteriological method, a culture of salmonella is isolated from the sample that a subculture is sent to the Lasswade Veterinary Laboratory of the Ministry situated at Penicuik, Midlothian, Scotland or to a Veterinary Investigation Centre of the Ministry in England and Wales.
2
If a person to whom a report is made under article 4(1)(b) is not the owner or person in charge of the flock in respect of which the sample was taken, he shall immediately pass that report to the owner or person in charge of that flock.
Requirements relating to the collection and handling of eggs
5
It shall be the duty of the owner or person in charge of a laying flock to ensure that the requirements specified in Schedule 2 relating to the collection and handling of eggs from that flock are complied with.
Control of vermin etc
6
It shall be the duty of the owner or person in charge of a laying flock to ensure that, on the premises on which the flock is kept, effective measures are taken so as to ensure that –
a
poultry houses and buildings or parts of buildings used to store eggs are not infested by vermin; and
b
poultry houses in which poultry are housed permanently throughout their laying period are not accessible to any other birds at any time.
Tampering with samples
7
1
No person shall treat or otherwise tamper with any sample taken for the purpose of this Order.
2
For the purpose of this article a person shall be deemed to have treated a sample if he does anything in relation to it which is likely to affect the result of the test required to be carried out under this Order.
Keeping of records
8
The owner or person in charge of a laying flock shall –
a
keep records in respect of the laying flock containing the information specified in Schedule 3;
b
retain any such record for a period of one year from the date on which the sample or test to which it relates was taken or carried out or, as the case may be, from the date on which the movement of poultry to which it relates took place; and
c
produce any such record to an inspector or officer of the appropriate Minister on demand being made by such person at any reasonable time during that period and allow a copy of it or an extract from it to be taken.
Registration of laying flocks
9
1
Subject to paragraph (7) below, no person shall keep a laying flock on any premises unless his name is entered in the Laying Flocks Register in respect of the premises on which the flock is kept.
2
The appropriate Minister shall keep, for the purposes of paragraph (1) above, a register of persons as being persons entitled to keep a laying flock on premises in respect of which their names are entered in the register.
3
Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Laying Flocks Register in respect of any premises on which a laying flock is to be kept by him the appropriate Minister shall, subject to paragraph (4) below, enter his name in the Laying Flocks Register in respect of those premises and shall issue to the applicant a certificate of such registration.
4
The appropriate Minister shall refuse to enter in the Laying Flocks Register the name of any person in respect of any premises unless all the particulars specified in Schedule 4 are notified to him in writing.
5
A person whose name is entered in the Laying Flocks Register in respect of any premises shall, within 28 days of each anniversary of the date of such registration, notify the appropriate Minister in writing of any change in the particulars previously notified to him.
6
The registration of the name of a person in the Laying Flocks Register in respect of any premises shall remain in force for an unlimited period, except that, where a person so registered has notified the appropriate Minister in accordance with paragraph (5) above of a change in the particulars previously notified to him and that change consists of a reduction in the number of birds kept by him on the premises for the production of eggs for human consumption (excluding birds being reared for that purpose) to less than 100, the appropriate Minister shall revoke such registration unless that person informs the appropriate Minister in writing, within 28 days of the anniversary of the date of such registration, that he anticipates that the number of such birds which will be kept by him on the premises will increase to 100 or more during the 12 months following the anniversary of such registration.
7
The provisions of paragraph (1) above shall not apply where the name of the person keeping the laying flock is entered in the Breeding Flocks Register in respect of the premises on which the flock is kept, such register being kept by the appropriate Minister under article 3(2) of the Poultry Breeding Flocks and Hatcheries (Registration and Testing) Order 1989 .
Notification by registered persons of results of tests on samples
10
1
A registered person shall notify the appropriate Minister in writing of the results of tests carried out on samples in accordance with article 3(b) and which have been reported to him in accordance with article 4.
2
Such notification shall contain the information specified in Schedule 5 and shall be given by the registered person to the appropriate Minister at 12 week intervals commencing with the date on which the registered person first receives a report of any such test.
Powers of local authorities in cases of default
11
If any person fails to take any action required to be taken by him under any of the provisions of this Order, an inspector of the local authority may, without prejudice to any proceedings arising out of such default, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the local authority as a civil debt from the person in default.
Public inspection of register
12
The appropriate Minister shall make available for inspection at any reasonable time the names of persons who are for the time being entered in the Laying Flocks Register and the addresses of premises in respect of which they are so registered.
Offences
13
Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of this Order commits an offence against the Act.
Local authority to enforce Order
14
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Revocation
15
The Testing of Poultry Flocks Order 1989 and the Poultry Laying Flocks (Collection and Handling of Eggs and Control of Vermin) Order 1989 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1989.
John Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
18th October 1989
Peter Walker
Secretary of State for Wales
18th October 1989


text:
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1989 and shall come into force on 1st June 1989.
2
1
The Police Pensions Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation G1(1) ( pensionable pay ), at the end there shall be added the following provision–
Provided that, in the case of a person by whom pension contributions become payable under regulation G2 on or after 1st June 1989, no account shall be taken, for the purposes of determining his pensionable pay, of any amount by which that rate exceeds an annual rate of £60,000.
In this paragraph a reference to contributions becoming payable is a reference to their becoming payable either for the first time or following any period in respect of which they were not payable.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st April 1989
We consent,
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 1989


text:
1
This Order may be cited as the Customs Duties (ECSC) (Amendment No. 4) Order 1989 and shall come into force on 1st July 1989.
2
Up to and including 31 December 1989, article 6(1) of the Customs Duties (ECSC) Order 1987 (which exempts from duty goods to which that Order applies originating in certain countries) shall not apply to goods which fall within a heading specified in the Schedule hereto and which originate in Yugoslavia.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
29th June 1989