text:
Citation and commencement
1
1
This Order may be cited as the Sutton Harbour Revision Order 1988 and shall come into force on 28th October 1988.
2
The Sutton Harbour Acts and Orders 1847 to 1986 and this Order may be cited together as the Sutton Harbour Acts and Orders 1847 to 1988.
Incorporation of Harbours, Docks and Piers Clauses Act 1847
2
1
The provisions of the Harbours, Docks and Piers Clauses Act 1847 (except sections 6 to 23, 25, 26, 48, 49, 50, 95, 97, 98 and 101) are hereby incorporated with this Order:
Provided that in construing the provisions so incorporated —
a
the expression “special Act” shall mean this Order, the expression “company” shall mean the Company, the expression “the harbour, dock or pier” shall mean the Harbour as defined by the Sutton Harbour Act 1847 and “the prescribed limits” shall mean the limits of the Harbour as so defined;
b
section 52 shall extend to empower the harbour master of the Company to give directions prohibiting the mooring of vessels within the harbour, dock or pier;
c
section 53 shall not be construed to require the harbour master of the Company to serve a notice in writing of his directions upon the master of a vessel but such directions may be given orally or otherwise communicated to such master, provided that a notice which is not in writing shall not be deemed to be sufficient unless in the opinion of the court before whom any case may be heard it was not reasonably practicable to serve a written notice on the master of the vessel;
d
section 63 shall have effect as if for the words from “liable to” to the end of the section there were substituted the words “guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400”;
e
section 69 shall have effect as if for the words from “forfeit” to the end of the section there were substituted the words “be liable on summary conviction to a fine not exceeding £400”;
f
for the purposes of section 85 the confirming authority shall be the Secretary of State who may confirm or refuse to confirm any byelaw submitted for confirmation or confirm the same with such modifications as he sees fit.
2
The provisions of the Harbours, Docks and Piers Clauses Act 1847 as incorporated with any of the Sutton Harbour Acts and Orders 1847 to 1986 shall from and after the coming into operation of this Order be construed as applied, extended, amended or varied by or by virtue of this Order.
Interpretation
3
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say: —
“the Company” means the Sutton Harbour Company;
“the deposited plan” and “the deposited section” means the plan and section prepared in triplicate, signed by an Assistant Secretary of the Department of Transport and marked “Plan and section referred to in the Sutton Harbour Revision Order 1988” of which two copies are deposited at the offices of the Department of Transport and one copy at the offices of the Company;
“the harbour” means the harbour of Sutton Pool in the port of Plymouth being the Harbour defined in the Sutton Harbour Act 1847;
“the level of high water” means the level of mean high water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment;
“the works” means the works authorised by article 4 (Power to construct works) of this Order and any works constructed under article 5 (Subsidiary works) of this Order and includes those works as renewed, extended, enlarged or altered, and “work” shall be construed accordingly.
Power to construct works
4
1
Subject to the provisions of this Order, the Company may when they have acquired the necessary lands or obtained sufficient interests therein and within the limits of deviation construct and maintain the following works in the harbour, that is to say: —
A quay of solid or open construction in steel, timber or concrete, including a strengthening or reconstruction of Bayly’s Wharf, commencing by a junction with the north side of the East Pier at a point 22 metres or thereabouts measured from its western extremity, thence proceeding first in a northerly and thereafter in an easterly direction along the face of Bayly’s Wharf and terminating at the eastern extremity of that Wharf.
2
Subject to the provisions of this Order, the Company may within the limits of deviation for the works extend, enlarge, alter, replace or relay the same.
3
The Company may by means of the works enclose and reclaim from the foreshore and bed of the sea and may hold and use as part of the undertaking so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for or in connection with the works.
4
The works shall for all purposes form part of the undertaking.
Subsidiary works
5
Subject to the provisions of this Order, the Company may within the limits of deviation from time to time erect, construct and maintain, whether temporarily or permanently, all such works, buildings and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6
The Company in constructing the works may deviate laterally from the lines or situations thereof shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works shown on the deposited section to such extent upwards or downwards as may be found necessary or convenient.
Obstruction of works
7
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works or who moves any pole, stake, station point or bench mark established for the purpose of such setting out without reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be erected, constructed, renewed, extended, enlarged or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is erected, constructed, renewed, extended, enlarged or altered in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Provision against danger to navigation
9
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Company shall forthwith notify the Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Trinity House shall from time to time direct.
2
Subject to the provisions of article 15 (Defence of due diligence) of this Order, if the Company fail to notify the Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at their own expense either to repair and restore the work, or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State may think proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
11
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work constructed by the Company or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Lights on tidal works during the construction
12
1
The Company shall at or near a tidal work during the whole time of the erection, construction, renewal, extension, enlargement or alteration thereof exhibit every night from sunset to sunrise, such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
Subject to the provisions of article 15 (Defence of due diligence) of this Order, if the Company fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
Permanent lights on tidal works
13
1
After the completion of a tidal work, the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Trinity House shall from time to time direct.
2
Subject to the provisions of article 15 (Defence of due diligence) of this Order, if the Company fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
Local inquiries
14
The Secretary of State may cause to be held such inquiries as he may consider necessary in regard to the exercise of any powers or duties conferred or imposed upon him and the giving of any consent or approval under this Order and subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the Company were a local authority.
Defence of due diligence
15
a
In proceedings for an offence under any provision of this Order mentioned in sub-paragraph (b) below it shall be a defence for the Company to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
b
The provisions referred to in sub-paragraph (a) above are —
article 9 (Provision against danger to navigation);
article 12 (Lights on tidal works during construction);
article 13 (Permanent lights on tidal works).
Saving for Trinity House
16
Nothing in this Order shall prejudice or derogate from any of the rights or privileges or the jurisdiction or authority of Trinity House.
Crown rights
17
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Amendment and repeal
18
1
Section 18 (Power to hold fish-market) of the Sutton Harbour Act 1889 is hereby amended by the substitution for the words from “the site” to “mentioned” of the words “any lands for the time being forming part of the undertaking of the Company”.
2
Section 31 (Retirement of future Directors not being Nominees) of the Sutton Harbour Act 1847 is hereby repealed and accordingly section 88 (Rotation of Directors) of the Companies Clauses Consolidation Act 1845 (rotation of directors) as incorporated with the enactments of the Company shall apply and have effect with respect to the Company.
Costs of Order
19
All costs, charges and expenses of, or in connection with the preparation, submission and making of this Order (other than costs, charges and expenses which any person is lawfully ordered to pay by the Secretary of State or a joint committee of both Houses of Parliament or any costs, charges and expenses incurred in opposing the Order) shall be paid by the Company.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
27th October 1988


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and Other Reliefs) Order 1988 and shall come into force on 1st January 1989.
2
In this Order —
references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ;
references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987 in relation to the goods;
“the EEC Regulations ” means Commission Regulation ( EEC ) No. 3749/83 , Council Regulation (EEC) No. 2955/85 and Commission Regulation (EEC) No. 2466/86 on the concept of originating products.
2
1
Up to and including 31st December 1989, no customs duty shall be charged on goods —
a
which fall within a heading or subheading in Part I of Schedule 1 hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of any goods falling within any of the headings 7207, 7208, 7209, 7210, 7211, 7212, 7213, 7214, 7215 or 7228 originating in China nor in respect of any goods originating in Yugoslavia.
2
Up to and including 31st December 1989, no customs duty shall be charged on goods —
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
3
Up to and including 31st December 1989, no customs duty shall be charged on goods which fall within the headings 7209 or 7219 and originate in Romania.
4
Paragraphs (1), (2) and (3) above shall only apply to goods in respect of which an importer delivers an entry thereof for home use (within the meaning of section 37 of the Customs and Excise Management Act 1979 and regulation 13 of the Customs Warehousing Regulations 1979 ) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1989 accompanied by such documents as may be required under the provisions of the EEC Regulations. This paragraph shall not apply in respect of any goods falling within the headings 7207, 7211 or 7212 originating in Yugoslavia.
3
1
Up to and including 31st December 1989, no customs duty shall be charged on goods falling within a heading or subheading specified in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this article the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Article 4 of the Customs Duties Quota Relief (Administration) Order 1986 shall apply for the purposes of this article subject to the modification that the application for relief from customs duty shall be accompanied by such documents as may be required under the provisions of the EEC Regulations.
4
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto or Romania if they are to be regarded as so originating by virtue of the EEC Regulations.
Alan Clark
Minister for Trade,
Department of Trade and Industry
21st December 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Welsh Water Authority (Ashgrove Treatment Works and Heronbridge to Sealand Pipeline and Associated Pipelines) Order 1988 and shall come into force on the 19th February 1988.
2
This Order and The Welsh Water Authority Orders 1976 to 1987 may be cited together as the Welsh Water Authority Orders 1976 to 1988.
3
In this Order —
“the Authority” means the Welsh Water Authority;
“the deposited plan” means the plan prepared in triplicate signed by an Under Secretary in the Department of the Environment and an Assistant Secretary in the Welsh Office and marked “Plan referred to in the Welsh Water Authority (Ashgrove Treatment Works and Heronbridge to Sealand Pipeline and Associated Pipelines) Order 1988” one copy of which is deposited and available for inspection at the offices of the Authority at Cambrian Way, Brecon, one at the offices of the North West Water Authority at Dawson House, Great Sankey, Warrington and one at the Welsh Office, Cathays Park, Cardiff;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to acquire, continue and maintain works
2
1
The Authority may acquire by agreement from the North West Water Authority and thereafter continue and maintain —
a
the Ashgrove Treatment Works edged red on the deposited plan;
b
the mains pipes and apparatus the approximate lines and positions of which are shown by blue and green lines on the deposited plan.
Works to form part of the undertaking
3
The said treatment works, mains pipes and apparatus when acquired by the Authority shall for all purposes form part of the undertaking.
Application of provision of the Third Schedule
4
For the purposes of this Order section 94 of the Third Schedule (which requires copies of the special Act to be kept by undertakers in their office and to be deposited with certain officers) shall apply to the undertaking and is hereby incorporated with this Order.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
25th January 1988
Signed by authority of the Secretary of State
Alyn H H Jones
An Assistant Secretary in the Welsh Office
25th January 1988


text:
Citation and commencement
1
This Order may be cited as the Fishguard (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“The Authority” means the Fishguard and Rosslare Railways and Harbours Company.
“The Port” means the Port of Fishguard as described in section 3 of the Fishguard and Rosslare Railways and Harbours Act 1899 .
“Signed Plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Authority situated at Fishguard Harbour, Goodwick, Dyfed SA64 0BU.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Authority shall have jurisdiction for the purposes of pilotage under Part 1 of the Pilotage Act 1987 shall include (in addition to the port), the area outlined in red on the signed plan, being so much of the waters of Fishguard Bay below high water mark as is comprised within an imaginary line drawn in a 090° direction from the Northern extremity of Pen Anglas (Latitude 52° 1'.542, Longitude 04° 59'.450) to Longitude 04° 56'.975 and then in a Southerly direction 180° to Needle Rock.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
18th August 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mines (Safety of Exit) Regulations 1988 and shall come into force on —
a
1st April 1989 in respect of all mines other than existing miscellaneous mines save that regulations 9 and 12(1)(b) shall come into force on 1st April 1994;
b
1st April 1994 in respect of existing miscellaneous mines, and in respect of all mines for the purposes of regulations 9 and 12(1)(b).
2
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“existing miscellaneous mine” means a miscellaneous mine which is in existence or under construction on 1st April 1989;
“mine” means a mine within the meaning of section 180 of the Mines and Quarries Act 1954 ;
“miscellaneous mine” means a mine other than a mine of coal, stratified ironstone, shale or fireclay;
“owner” means in relation to a mine the person for the time being entitled to work it;
“shaft” includes a staple-pit, raise, winze or any similar excavation whether sunk or in the course of being sunk and so much of any superstructure provided at the top of a shaft as forms an extension to the shaft shall be deemed to form part of the shaft which is below ground.
3
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation is a reference to the regulation of these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference appears.
4
Words to which meanings are assigned by the 1974 Act or these Regulations shall have the same meanings in any documents issued under these Regulations.
Application
2
1
These Regulations shall apply below ground to all mines.
2
Regulations 3, 5 and 7 shall not apply in respect of persons working in a shaft in the course of being sunk or an outlet in the course of being driven or an inset or in exploratory development work from the shaft or outlet where the total number of such persons at any one time does not exceed 30.
3
For the purpose of paragraph (2) “inset” means a heading, chamber or other space in the course of being driven or excavated from the shaft or outlet and which is accessible only from the shaft or outlet and is not being driven or excavated solely or mainly for the purpose of getting of minerals or products of minerals.
Exits from the mine
3
1
Subject to regulation 2(2), the owner shall ensure that —
a
there are at least two shafts or outlets providing at least two separate exits to the surface;
b
the shafts or outlets are so separated that as far as is practicable anything which happens to one of them will not affect the safety of the other or others; and
c
where the sinking of a shaft is commenced after these Regulations come into force, the shafts are more than 15 metres apart.
2
The manager shall ensure that, so far as is practicable, when a person is below ground an exit from the mine is available for use and so far as is reasonably practicable, at least two separate exits from the mine are so available.
3
The manager shall prepare a suitable scheme of the action to be taken to secure the safety of persons when, due to an accident, dangerous occurrence or breakdown of apparatus or equipment, only one exit is available for use.
4
Where, due to an accident, dangerous occurrence or breakdown of apparatus or equipment, only one exit is available for use, the manager shall —
a
ensure that the scheme referred to in paragraph (3) is brought into effect;
b
subject to paragraph (5), forthwith take steps to restrict the persons below ground to those who, so far as is practicable, will not be exposed to danger by reason that only one exit is available for use and who —
i
are needed to carry out work essential for securing the safety of the mine or the welfare of animals,
ii
are involved in work relating to the accident, dangerous occurrence or breakdown,
iii
at the time the exit became unavailable, were already working below ground, provided they do not remain below ground after their normal period of work has ended, or
iv
are needed to secure the health or safety of any person;
c
forthwith notify the Health and Safety Executive and the person, if any, for the time being nominated under Schedule 4 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 of that fact by the quickest practicable means; and
d
post a notice in the covered accommodation at the mine stating that only one exit is available for use and that the manager is satisfied it is safe for persons to remain below ground and the reasons why he is so satisfied.
5
Where, in the opinion of an inspector, the circumstances are such that it is unsafe for persons who are permitted to work below ground in accordance with paragraph (4)(b) to work in a particular place, he may issue a direction in writing requiring such persons to be withdrawn from below ground, and the manager shall comply with that direction.
6
Where, due to maintenance work which is planned, only one exit is available for use, the manager shall ensure that the only persons below ground are those who, so far as is practicable, will not be exposed to danger by reason that only one exit is available for use and who are —
a
needed to carry out work essential for securing the safety of the mine or the welfare of animals;
b
involved in the maintenance work; or
c
needed to secure the health or safety of those persons.
Auxiliary apparatus and equipment
4
1
The owner shall ensure, so far as is reasonably practicable, that persons are not endangered when all apparatus and equipment normally used by persons to leave the mine becomes unavailable or when there is a breakdown whilst persons are being wound and shall provide suitable and effective auxiliary apparatus and equipment to enable persons to gain exit to the surface safely.
2
The manager shall make suitable rules for the use of auxiliary apparatus and equipment which include —
a
arrangements for the proper maintenance, examination and testing of the auxiliary apparatus and equipment;
b
the appointment of sufficient competent persons to inspect and operate such apparatus and equipment; and
c
arrangements for the adequate and effective training of such persons in the use of such apparatus and equipment,
and shall ensure that the rules are brought to the notice of persons who may be affected by them and that a copy of the rules is posted in the covered accommodation at the mine.
Access between exits
5
Subject to regulation 2(2), the manager shall ensure that from each landing at a shaft or outlet used as an exit there is a road, ladderway or stairway to a landing at another shaft or outlet which is available for use as an exit.
Construction and maintenance of roads, ladderways and stairways
6
The manager shall ensure, so far as is reasonably practicable, that —
a
every road which persons walk along to or from their places of work —
i
is suitably constructed and maintained for that purpose,
ii
is safe and convenient to walk along and shall normally be not less than 1.7 metres in height, and
iii
is kept free from obstruction; and
b
any ladderway or stairway is so constructed, installed and maintained that it can be used safely.
Ways from places of work
7
1
Subject to regulation 2(2) and paragraph (4), the manager shall ensure that every place where a person works shall have two different ways each of which is entirely separate from the other and leads to a different exit from the mine.
2
The manager shall ensure that each way which leads to a shaft or outlet is clearly marked to indicate the shaft or outlet to which it leads.
3
The manager shall make and operate a suitable scheme to familiarize each person with at least two ways out of the mine from the place or places where the person works.
4
The requirement in paragraph (1), to provide two different ways each of which is entirely separate from the other and leads to a different exit from the mine, shall not apply where —
a
there is either —
i
a heading or other place where not more than 9 persons work (other than up to 3 additional persons who are engaged temporarily in inspection, investigation or the taking of measurements or samples), or
ii
a heading where not more than 18 persons work and where the horizontal width of the working face does not exceed the width of the heading measured across the direction of advance;
b
it is not reasonably practicable to provide two different ways, each of which is entirely separate from the other and leads to a different exit from the mine; and
c
the manager has made suitable arrangements to ensure, so far as is practicable, that persons can leave the place safely, and that their safety is not endangered by the lack of two different ways, each of which is entirely separate from the other and leads to a different exit from the mine.
5
Where the manager decides in accordance with paragraph (4)(a)(ii) that more than 9 but not more than 18 persons will work at a heading which does not have two different ways each of which is entirely separate from the other and leads to a different exit from the mine, he shall —
a
give to the Health and Safety Executive at least 7 working days' advance notice in writing of the implementation of that decision or such shorter notice as the Health and Safety Executive may accept;
b
at the same time notify that decision to the person, if any, nominated under Schedule 4 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985;
c
make suitable rules for the safe working in and exit from the heading, which incorporate a plan, and which include arrangements for inspection, examination and supervision in the heading; and
d
send a copy of the rules with any notification made under paragraph (a) or (b).
Provision of barriers and enclosures
8
1
The manager shall make arrangements to ensure that there is a suitable barrier or enclosure to prevent any person inadvertently entering any part of the mine which is not for the time being safe to work in or pass through.
2
The person for the time being in charge of that part of the mine shall ensure that any such barrier or enclosure is properly maintained and kept in position.
3
No person shall move or interfere with any such barrier or enclosure without the authority of the manager.
Intake airways
9
The manager shall ensure that, apart from those persons who are going to or leaving their place of work at the beginning or end of a shift, not more than 50 persons are employed below ground in any part of the mine unless —
a
there are two separate intake airways into that part of the mine which are connected only in such a way that in the event of a fire, transmission of the products of combustion from one airway to the other is prevented so far as is reasonably practicable; or
b
there is one intake airway which is constructed of suitable fire resistant materials and is free, so far as is reasonably practicable, from the risk of fire.
Exemptions
10
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any mine, or part of a mine or class of mines from any requirement of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Health and Safety 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 the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Disapplication of section 157 of the Mines and Quarries Act 1954
11
Section 157 of the Mines and Quarries Act 1954 (which provides a defence in legal proceedings and prosecutions in certain circumstances) shall not apply in relation to any prosecutions or other legal proceedings based on an allegation of a contravention of a requirement imposed by or under these Regulations.
Repeals, revocations and modifications
12
1
a
Sections 22 to 25 and 33 to 35 of the Mines and Quarries Act 1954 are repealed;
b
section 70 of the Mines and Quarries Act 1954 is repealed;
c
the Coal and Other Mines (Height of Travelling Roads) Regulations 1956 are revoked;
d
regulations 1 to 4 and 7 of the Mines (Emergency Egress) Regulations 1973 are revoked; and
e
regulation 3(2) of, and Schedule 2 to, the Mines and Quarries (Metrication) Regulations 1976 are revoked.
2
In the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969 and the Mines Management Act 1971 , and in regulations made under any of those Acts or in health and safety regulations any reference to any of those Acts shall be treated as including a reference to these Regulations.
3
The provisions specified in the Schedule to these Regulations shall be modified in accordance with that Schedule.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
5th October 1988


text:
Citation and commencement
1
This Order may be cited as the Bristol Development Corporation (Area and Constitution) (Amendment) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order —
“the principal Order ” means the Bristol Development Corporation (Area and Constitution) Order 1988 ;
“the development area” means the area designated as an urban development area by the principal Order;
“the map” means the map entitled “Map referred to in the Bristol Development Corporation (Area and Constitution) (Amendment) Order 1988”, of which prints signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the councils of the county of Avon and the city of Bristol.
Amendment of principal Order
3
The principal Order is hereby amended so as to exclude from the development area the four areas of land which are shown hatched black on the map.
Nicholas Ridley
Secretary of State for the Environment
8th December 1988


text:
1
These Regulations may be cited as the Protected Tenancies (Exceptions) (Amendment) Regulations 1988 and shall come into force on 1st November 1988.
2
The Protected Tenancies (Exceptions) Regulations 1986 are hereby amended as follows —
a
after regulation 1 there shall be inserted the following new regulation —
1A
In these Regulations —
“assisted” has the same meaning as in section 114(2)(b) of the Education Act 1944 ;
“publicly funded” shall mean that the relevant institution is —
provided or assisted by a local education authority;
in receipt of grant under regulations made under section 100(1)(b) of the Education Act 1944 ; or
within the PCFC funding sector by virtue of section 132 of the Education Reform Act 1988 .
b
for regulation 3(b) there shall be substituted the following —
b
any other institution which provides further or higher education or both and which is publicly funded;
c
to the Schedule there shall be added (at their appropriate places in alphabetical order) —
The City University Students' Union.
The University of Sussex Catholic Chaplaincy Association.
Kenneth Baker
Secretary of State for Education and Science
20th September 1988
Peter Walker
Secretary of State for Wales
26th September 1988


text:
Citation and commencement
1
This Order may be cited as the London Regional Transport (Levy) Order 1988 and shall come into force on the day after it is made.
Interpretation
2
In this Order:
“the 1984 Act ” means the London Regional Transport Act 1984;
“the year 1988/9” means the period of twelve months beginning with 1st April 1988;
“the estimate grant” means the Secretary of State’s estimated expenditure in the year 1988/9 on grants to London Regional Transport under section 12 of the 1984 Act;
“the ratepayer proportion” means the proportion of the estimated grants which it appears to the Secretary of State appropriate to recover from the ratepayers of Greater London;
“the estimated penny rate product of a rating area” means, in relation to the rating areas listed in the left hand column of the Schedule (which are the rating areas comprised in Greater London) an estimate of the amount, calculated as provided in section 12(4) of the General Rate Act 1967 , which would be produced by a rate of a penny in the pound levied in the rating area in question and each such estimate (which has been transmitted to the Secretary of State pursuant to section 12(4) of that Act) is shown in the right hand column of the Schedule opposite the rating area to which it relates; and
“the estimated penny rate product of Greater London” means the total of the estimated penny rate products of the rating areas comprised in Greater London (shown at the bottom of the right hand column of the Schedule).
Amount in the pound
3
The amount in the pound for the purpose of section 13(4) of the 1984 Act in respect of the year 1988/9 shall be 6.07 pence.
Factors taken into account
4
The factors taken into account in determining the amount in the pound specified in article 3 are as follows —
1
the estimated grant which is £190 million;
2
the ratepayer proportion which is 65.63%; and
3
the estimated penny rate product of Greater London which is £20,530,875.
Method of calculation
5
The method of calculation employed in determining the amount in the pound specified in article 3 is as follows —
1
the number of pence in the pound is obtained by the formula
the estimated grant × the ratepayer proportion the estimated penny rate product of Greater London
and accordingly the calculation is:
£ 190 , 000 , 000 × 0.6563 £ 20 , 530 , 875 = 6.073633;
2
the unrounded figure is rounded to two places of decimals to give 6.07 pence.
Paul Channon
Secretary of State for Transport
29th January 1988


text:
Citation and commencement
1
This Order may be cited as the War Pensions (Chinese Seamen and Indian Seamen) (Revocations) Order 1988 and shall come into force on 11th April 1988.
Revocation of Schemes relating to Indian and Chinese seamen
2
The War Pensions (Indian Seamen, etc. ) Scheme 1944 , the War Pensions (Chinese Seamen, etc.) Scheme 1944 and the War Pensions (Indian Seamen, Etc.) (Amendment) Scheme 1963 are hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Health and Social Security
18th March 1988


text:
1
1
This Order may be cited as the Antarctic Treaty (Specially Protected Areas) Order 1988.
2
This Order shall come into force on 22nd April 1988.
2
For the purposes of the Antarctic Treaty Act 1967, the areas specified in the Schedule to this Order, being areas which have been recommended for inclusion in Annex B to Schedule 2 to the said Act, are designated as Specially Protected Areas.
3
The Schedule to the Antarctic Treaty (Specially Protected Areas) Order 1968 is amended by the deletion of the description and map of Specially Protected Area No. 7 (Cape Hallett, Victoria Land).
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Weights and Measures (Miscellaneous Foods) Order 1988 and shall come into force on 1st January 1989.
2
The Orders specified in Schedule 3 hereto are revoked to the extent specified in the third column of that Schedule.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Weights and Measures Act 1985;
“biscuits” includes wafers, rusks, crispbreads, extruded flatbread, oatcakes and matzos;
“bread” means bread in any form other than breadcrumbs and includes the following, and any part of the following that is to say, fancy loaves and milk loaves, and “loaf” in relation to bread includes a roll and a bap; and for the purposes of this Order any pre-packed sliced bread shall be deemed to be a whole loaf of bread and the pre-packing of sliced bread in any quantity by net weight shall be deemed to be the making for sale of a whole loaf of bread of that net weight;
“casein” and “caseinate” have the same meanings as they have in the Caseins and Caseinates Regulations 1985 ;
“chicory”, “chicory extract paste”, “coffee”, “coffee mixture”, “coffee extract paste”, “instant chicory”, “instant coffee”, “liquid chicory extract” and “liquid coffee extract” have the same meanings as they have in the Coffee and Coffee Products Regulations 1978 ;
“chocolate confectionery”, “flour confectionery” and “sugar confectionery” have the same meanings as they have in the Food Labelling Regulations 1984 , except that “flour confectionery” includes food containing a filling which has as an ingredient vegetable protein material or microbial protein material;
“cocoa product”, “chocolate product”, “fancy chocolate product”, “container” in relation to these products and “reserved description” have the same meanings as they have in the Cocoa and Chocolate Products Regulations 1976 ; except that
“cocoa product” and “chocolate product” shall include a product specially prepared for diabetics or to which a slimming claim (as defined in the said Regulations) is lawfully applied and which has been specially prepared in connection with that claim by the addition of any ingredient other than an edible substance as so defined;
“coffee bag” means a permeable sealed bag, which is intended to be immersed in water in the course of preparation to drink, containing coffee or a coffee mixture, or a mixture of any of those products and instant coffee, which consists predominantly of coffee or a coffee mixture;
“condensed milk” and “dried milk” have the same meanings as they have in the Condensed Milk and Dried Milk Regulations 1977 ;
“liquid coffee and chicory products” means liquid coffee extract and liquid chicory extract, and blends thereof;
“milk” means cows' milk in any liquid form other than that of condensed milk (including evaporated milk) or of cream;
“potatoes” means potatoes in the state in which they were harvested or in that state apart from cleaning; “preserved milk” means condensed milk (including evaporated milk) or dried milk; “solid and paste coffee and chicory products” means instant coffee, coffee extract paste, instant chicory, chicory extract paste, and blends thereof, and extracts of blends of roasted coffee and roasted chicory.
General requirements for certain foods to be pre-packed in prescribed quantities and their containers to be quantity marked or, when not pre-packed, to be sold by retail by quantity
3
1
Subject to the following provisions of this Order, the foods specified in column 1 of Schedule 1 to this Order, other than chunk honey and comb honey and cut lump salt, shall be pre-packed or, in the case of sugar, otherwise made up in a container for sale, only if they are made up in one of the quantities by net weight, or, in the case of milk, by capacity measurement, specified in column 2 in relation to the foods, subject to the exceptions specified in column 3.
2
Subject to the following provisions of this Order, the foods specified in column 1 of Schedule 1 to this Order, other than cut lump salt and milk, shall be pre-packed or, in the case of honey, cocoa products and chocolate products, solid and paste coffee and chicory products and sugar, otherwise made up in a container for sale, only if the container is marked with an indication of quantity by net weight, subject to the exemptions specified in column 4.
3
Subject to the following provisions of this Order, the foods specified in column 1 of Schedule 1 to this Order, other than bread and chunk honey and comb honey and milk, shall, when not pre-packed, if sold by retail be sold only by net weight, subject to the exceptions specified in column 5.
Provision for the containers of certain foods not sold by retail to be accompanied by a document indicating quantity
4
1
In the case of solid and paste coffee and chicory products, cocoa products and chocolate products, honey, caseins and caseinates or preserved milk for human consumption pre-packed or otherwise made up in a container for sale, the informationrequired by article 3(2) above or, as the case may be, 7, 9(2) or 12 below to be marked on the container may, if: —
a
the foods are not sold by retail; and
b
the net weight of the foods is not less than the particular quantities specified in paragraph (2) below in relation to the foods,
be given at the time when they are sold in a document accompanying the container and containing an indication of quantity by net weight expressed in the case of honey in both imperial and metric units of measurement and in other cases in metric units only.
2
The quantities referred to in paragraph (1) above are:
solid and paste coffee and chicory products 5 kg cocoa products and chocolate products 10 kg honey 10 kg caseins and caseinates 10 kg preserved milk for human consumption 10 kg
Special provisions in respect of particular foodsBiscuits and shortbread
5
1
Article 3(1) and (2) above shall not apply in relation to biscuits which have been pre-packed on the same premises as those on which they were produced, where either: —
a
the biscuits are in the possession of the producer for sale by him by retail on those premises; or
b
if the producer has agreed to sell or has sold the biscuits, he agreed to sell or sold them by retail on those premises.
2
Biscuits to which paragraph (1) above applies (other than wafer biscuits which are not cream-filled) shall be pre-packed only if the container is marked with an indication of quantity by net weight:
Provided that there shall be exempted from the requirements of this paragraph biscuits pre-packed in a quantity not exceeding 100 g.
3
Shortbread shall be pre-packed only if the container is marked with an indication of quantity by net weight:
Provided that there shall be exempted from the requirements of this paragraph shortbread —
where made up in a quantity not exceeding 50 g; or
consisting of a piece or pieces each weighing 200 g or more if the number of pieces in the container, if more than one, is marked on the container or is clearly visible and capable of being easily counted through the container.
4
Wafer biscuits which are not cream-filled shall be pre-packed only if the container is marked with an indication of quantity by number or, in the case of a container marked with the EEC mark within the meaning of section 54 of the Act, only if it is marked with an indication of quantity by net weight.
5
Wafer biscuits which are not cream-filled and which are not pre-packed shall if sold by retail be sold only by number.
6
Shortbread, except where the quantity does not exceed eight pieces, shall, when not pre-packed, if sold by retail be sold only by net weight.
Bread
6
1
Subject to paragraph (2) below, a whole loaf of bread of a net weight exceeding 300 g, when not pre-packed, shall be made for sale only if it is of a net weight of 400 g or a multiple of 400 g.
2
There shall be exempted from the requirements of paragraph (1) above any sale in pursuance of a contract for the supply of bread for consumption on the premises of the buyer if the contract provides for each delivery of bread thereunder to be of a specified aggregate quantity of not less than 25 kg and for the weighing of the bread on delivery.
Caseins and caseinates
7
Caseins and caseinates for human consumption in a quantity of not less than 5 g shall be pre-packed or otherwise made up in a container for sale only if the container is marked with an indication of quantity by net weight.
Cocoa and chocolate products
8
1
Subject to paragraph (2) below, cocoa products and chocolate products not specified in Schedule 1 to this Order shall be pre-packed or otherwise made up in a container for sale only if the container is marked with an indication of quantity by net weight:
Provided that there shall be exempted from the requirements of this paragraph products pre-packed in a quantity by net weight of less than 50 g.
2
Nothing in paragraph (1) above shall require a container to be marked with an indication of quantity by net weight if it is a container in which fancy chocolate products are pre-packed, except that when the products are on sale by retail the exemption provided by this paragraph shall apply only if an indication of quantity by net weight is given on a ticket or notice displayed on or in immediate proximity to the products.
3
Except in the case of an article the net weight of which is less than 50 g, cocoa products and chocolate products which are not pre-packed shall, when sold by retail, be sold only by net weight.
Coffee and chicory products
9
1
Liquid coffee and chicory products in a quantity of not less than 5 ml shall be pre-packed or otherwise made up in a container for sale only if the container is marked with an indication of quantity by capacity measurement.
2
Where the contents of a container in which solid and paste coffee and chicory products or liquid coffee and chicory products are pre-packed or otherwise made up for sale consists of packs of such products not intended for individual sale, the container shall, in addition to any marking required by article 3(2) and paragraph (1) above, be marked with the total number of such packs.
Liquid edible oil
10
Liquid edible oil shall be pre-packed only if the container is marked with an indication of quantity by volume:
Provided that there shall be exempted from the requirements of this article liquid edible oil pre-packed in a quantity of less than 5 ml or more than 20 L.
Milk
11
1
Milk which is not pre-packed shall be sold only by capacity measurement or by net weight.
2
If in the case of any pre-packed milk made up in a quantity of less than ½ pt its container is clearly and conspicuously marked with a statement in writing that it is not for sale otherwise than by means of a vending machine, then, notwithstanding that the milk is made up in a quantity other than one of those specified in column 2 of Schedule 1 to this Order in relation to milk, a person shall not by reason only of that fact be guilty of an offence under section 25(2) of the Act —
a
in respect of a sale of that milk by that or any other person if the sale is by means of a vending machine or is otherwise than by retail; or
b
in respect of the possession of that milk by that or any other person if the milk is shown to be in that possession —
i
for sale by means of a vending machine which complies with paragraph (3) below; or
ii
for sale otherwise than by retail; or
iii
for delivery after sale otherwise than by retail.
3
Milk shall be sold by means of, or offered or exposed for sale in, a vending machine only if there is displayed on or in the machine —
a
an indication of the quantity by capacity measurement of the milk comprised in each item for sale by means of that machine; and
b
except where the machine is on premises at which the seller carries on business, a statement of the name and address of the seller.
Preserved milk
12
Preserved milk for human consumption in a quantity of not less than 5 g shall be pre-packed or otherwise made up in a container for sale only if the container is marked with an indication of quantity by net weight.
Potatoes
13
1
Where at any premises other than a vehicle or ship any potatoes have been sold by weight when made up in a container, and the sale is otherwise than by retail, the buyer may require all or any of the following weighings to be carried out at those premises, that is to say —
a
a weighing of that container while the potatoes are therein;
b
a weighing of that container after the removal of the potatoes therefrom;
c
a weighing of a similar container which is empty,
and thereupon the seller shall either carry out or permit the buyer to carry out the weighing or weighings so required; and if the seller without reasonable cause contravenes this requirement he shall be guilty of an offence.
2
The occupier of any premises at which any potatoes are made up in a container for sale by weight otherwise than by retail, or of any premises (other than a vehicle or ship) at which such potatoes so made up are so sold, shall provide suitable weighing equipment and make that equipment available for any weighing or weighings required under the foregoing paragraph to be carried out at those premises; and if he without reasonable cause contravenes any of the requirements of this paragraph he shall be guilty of an offence.
3
Any person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding £2,000.
14
Potatoes which are not pre-packed shall, if sold by retail, be sold only —
a
by net weight; or
b
if the food is sold in a container which does not exceed the appropriate permitted weight specified in the Table in Schedule 2 to this Order, either by net weight or gross weight.
Miscellaneous foods to be marked when pre-packed with quantity by number
15
1
Subject to paragraph (2) below, foods of any of the following descriptions, that is to say —
a
cereal biscuit breakfast foods, other than foods in the case of which none of the biscuits weighs more than 10 g;
b
flour confectionery, except when consisting of uncooked pastry or uncooked pastry cases, not containing any filling, or shortbread;
c
fruit preservative tablets, rennet tablets, saccharin tablets, soft drink tablets and sweetening tablets;
d
shell eggs;
e
vanilla pods;
f
capsule and tablet foods,
shall be pre-packed only if the container is marked with an indication of quantity by number.
2
There shall be exempted from the requirements of this article —
a
flour confectionery, if the number of items in the container is clearly visible and capable of being easily counted through the container; and
b
any foods in a quantity by number of one.
Other pre-packed foods
16
1
This article applies to foods of any description which are not goods —
a
required by any other provision of this Order or under or by virtue of any other provision of the Act to be pre-packed only if the container is marked with an indication of quantity; or
b
in the case of which when sold pre-packed (whether on any sale or on a sale of any particular description) the quantity of the goods sold expressed in a particular manner is required by or under any such provision to be made known to the buyer at or before a particular time; or
c
expressly exempted by any such provision from all such requirements which would otherwise apply thereto.
2
Subject to paragraph (3) below, foods to which this article applies shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement.
3
The following shall be exempted from the requirements of this article, that is to say —
a
bread and bun loaves, fruit loaves, malt loaves and fruited malt loaves;
b
food to which articles 4 and 5 of the Weights and Measures Act 1963 (Cheese, Fish, Fresh Fruits and Vegetables, Meat and Poultry) Order 1984 apply, other than dates;
c
freeze drinks in a quantity of less than 50 ml;
d
herbs, whole and sifted except saffron, in a quantity of less than 25 g;
e
iced lollies and water ices;
f
intoxicating liquor to which article 6 of the Weights and Measures (Intoxicating Liquor) Order 1988 applies;
g
milk;
h
potato crisps and other similar products commonly known as snack foods in a quantity of less than 1 oz up to and including 30th June 1989 and thereafter in a quantity of less than 25 g;
i
single portion vending machine beverage packs in a quantity of less than 25 g or of less than 25 ml whether or not they contain other foods to which this article does not apply;
j
single toffee apples;
k
soft drinks of any description in a syphon;
l
sugar confectionery consisting of rock or barley sugar in sticks or novelty shapes;
m
sugar confectionery not included in paragraph (1) above, and chocolate confectionery, in a quantity of less than 50 g;
n
goods of any other description, except saffron, in a quantity of less than 5 g or of less than 5 ml.
Multipacks
17
1
Nothing in the previous provisions of this Order shall require any container to be marked with any information or to enclose foods of a particular quantity if all the following provisions are satisfied: —
a
the contents of the container in which any foods to which the Order applies are pre-packed or otherwise made up in the container for sale consist of two or more packs of goods;
b
where the goods in any pack, if sold individually, would be required by the Order to be made up in a specified quantity, the goods in any such pack are so made up;
c
where any pack, if sold individually, would be required by the Order to be marked with an indication as to the quantity of the goods, the pack is so marked;
d
i
the container is marked with a description of the goods in each pack, the total number of packs containing goods of each description and where paragraph (c) above applies with an indication as to the quantity of the goods in each such pack; or
ii
where each pack to which paragraph (c) above applies contains the same quantity of identical goods, an indication as to the quantity of the goods in at least one such pack is clearly visible, and the total number of such packs is clearly visible and capable of being easily counted, through the container, or
iii
where each pack does not contain goods of the same description or does contain such goods but does not contain them in the same quantity, an indication as to the quantity of any goods in each pack to which paragraph (c) above applies, or if there are two or more identical such packs an indication as to the quantity of the goods in at least one of them, is clearly visible, and the total number of such packs of each description is clearly visible and capable of being easily counted, through the container.
2
Where the provisions of both article 4 and paragraph (1) above apply in a particular case, the information permitted by paragraph (1)(d)(i) above to be marked on the container may be given in a document accompanying the container.
Application of section 25 of the Act as modified in relation to certain foods
18
1
Section 25(2) and (3) of the Act shall apply in the case of any solid and paste coffee and chicory products, cocoa products and chocolate products, honey, caseins and caseinates or preserved milk for human consumption pre-packed or otherwise made up in a container for sale where the information required by article 3(2), 7, 9(2) or 12, or permitted by article 17 (1)(d)(i), to be marked on the container is given in a document accompanying the container in accordance with article 4 or 17(2) with the following modifications: —
a
in section 25(2) the words “whether the sale is, or is to be, by retail or otherwise” shall be omitted; and
b
in paragraphs (d) and (e) of section 25(3) —
i
after the word “information” there shall be inserted the words “or is accompanied by a document containing particular information”; and
ii
after the words “so marked” there shall be inserted the words “or accompanied”.
2
Where subsections (2) and (3) of section 25 of the Act apply by virtue of paragraph (1) above, a person shall not be guilty of an offence under the said subsection (2) by reason only of —
a
having in his possession for sale, or
b
having in his possession for delivery after sale, or
c
causing or suffering any other person to have in his possession for sale or for delivery after sale,
solid and paste coffee and chicory products, cocoa products and chocolate products, honey, caseins and caseinates or preserved milk for human consumption pre-packed or otherwise made up in a container for sale otherwise than in a container so accompanied.
Eric Forth
Parliamentary Under-Secretary of State,Department of Trade and Industry
16th November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Health and Safety: General Duties) (Amendment) Regulations 1988 and shall come into force on 1st September 1988.
2
The Merchant Shipping (Health and Safety: General Duties) Regulations 1984 shall be amended by substituting for regulation 8 the following: —
8
1
Contravention of regulation 4 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding £2000 or, on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.
2
Contravention of regulation 5 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding £400.
3
Contravention of regulation 6 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding £1000.
4
Contravention of regulation 7 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding £1000.
5
It shall be a defence for a person charged under paragraphs (1) to (3) of this regulation to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
.
Paul Channon
Secretary of State for Transport
4th August 1988


text:
PART I
PRELIMINARY
Citation
1
This Order may be cited as the Harwich Dock Company Harbour Empowerment Order 1988.
Interpretation
2
1
In this Order, except where the context otherwise requires–
“the Board” means the Harwich Harbour Board;
“the Company” means the Harwich Dock Company Limited;
“deposited plan” and “deposited sections” mean respectively the plan and sections prepared in triplicate signed by the Chief Executive of the Board and an Assistant Secretary in the Department of Transport and marked “Plan and sections referred to in the Harwich Dock Company Harbour Empowerment Order 1988” of which copies are deposited at the offices of the Secretary of State for Transport, the offices of the Board and the registered office of the Company;
“the dock undertaking” means the undertaking of the Company at the harbour as authorised by this Order;
“the harbour” means Harwich harbour;
“the Harbour Master” has the same meaning as in the Harwich Harbour Act 1974 ;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 ;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“vessel” means a ship, boat or raft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and includes a hovercraft within the meaning of the Hovercraft Act 1968 or any other amphibious vehicle or a seaplane;
“the works” means the works authorised by article 5 of this Order, and any works constructed under article 7 of this Order for or in connection with or subsidiary to either of those works and includes those works as reconstructed, renewed, altered, extended, enlarged, added to, replaced or relaid under paragraph (2) of the said article 5.
2
References in this Order to reference points shall be construed as references to National Grid reference points.
3
Any reference in this Order to a distance or length in any description of works, powers or land shall be construed as if the words “or thereabouts” were inserted after that reference.
Incorporation of Harbours, Docks, and Piers Clauses Act 1847
3
1
The Harbours, Docks, and Piers Clauses Act 1847 (except sections 6 to 19, 24, 25, 31, the proviso to section 32, sections 42, 48 to 50, 77 and 78), so far as applicable to the purposes 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 £100;”
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 £400;”
d
section 85 shall be read and have effect as if the words “in the prescribed manner” to the end of the subsection were deleted and there were substituted therefor the words “by the Secretary of State” and the provisions of sections 236 (3) to (8) and (11) and 238 of the Local Government Act 1972 shall apply to any byelaws made by the Company and the said section 238 shall be construed and have effect as if the expression “proper officer” were intended to refer to the secretary of the Company and, in its application to the said section 85, subsection (7) of section 236 of the said Act of 1972 shall have effect as if, after the words “the confirming authority may confirm” there were inserted the words “with or without modifications” and, as if at the end of that subsection, there were added the following proviso–
“Provided that where the Secretary of State proposes to make a modification to a byelaw which appears to him to be substantial he shall inform the Company and require them to take any steps which he considers to be necessary for informing persons likely to be concerned with the modification; and he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the consideration of, and comment upon, the proposed modification by the Company and by any other persons who have, or are likely to have, been informed of it.”.
2
In construing the provisions so applied the expression “the special Act ” means this Order.
PART II
LIMITS OF JURISDICTION
Limits of jurisdiction
4
1
The area within which the Company shall exercise jurisdiction as a harbour authority and within which the powers of their Dockmaster shall be exercised shall comprise the docks, quays, land and premises at any time belonging to, or vested in, the Company or used, intended to be used or set aside for the purposes of the harbour undertaking together with so much of the harbour as lies within the area of water adjacent to those docks, quays, land and premises and which is bounded by an imaginary line parallel to and 50 metres riverward from the northern face and 2 metres riverward from the eastern and southern faces of the quays (Works Nos 1 and 2) when constructed in pursuance of the powers conferred by this Order.
2
In case of conflict between any directions lawfully given by the Harbour Master and any directions given by the Dockmaster of the Company, the direction of the Harbour Master shall prevail.
PART III
WORKS
Power to construct works
5
1
Subject to the provisions of this Order, the Company may, in the lines or situations and within the limits of deviation and according to the levels shown on the deposited sections, make and maintain the works hereinafter described, in the district of Tendring, with all necessary works and conveniences connected therewith–
Work No. 1 —
A quay, being partly of solid construction with reinforced concrete and infill material and partly of open construction with bearing piles and a reinforced concrete platform, commencing at the western extremity of the existing berth number 2/3 proceeding thence in a northerly direction for a distance of 21 metres to reference point TM 2600732957, thence in an east-north-easterly direction for a distance of 66 metres to reference point TM 2606732984, thence continuing in an east-north-easterly direction for a distance of 177 metres to reference point TM 2623733034 thence in a south-south-easterly direction for a distance of 66 metres to the face of existing berth number 5 and thence following the face of that berth westwards and subsequently of existing berths numbers 4 and 2/3 respectively to the point of commencement and together with all necessary excavation of the bed of the harbour.
An open face quay being of open construction with bearing piles and a reinforced concrete platform commencing at the extreme north-east corner of Work No. 1(a) at reference point TM 2623733034 proceeding thence in an east-north-east by easterly direction for a distance of 214 metres to reference point TM 2645033053 thence in a south-south-easterly direction for a distance of 25 metres to reference point TM 2646133030 thence continuing in a west-south-westerly direction to the eastern extremity of existing berth number 5 and thence following that berth to abut and join the extreme south-east extremity of Work No. 1(a) and thence in a north-north-westerly direction to the point of commencement and together with all necessary excavation of the bed of the harbour.
Work No. 2 — A quay of open construction with bearing piles and a reinforced concrete platform commencing at the extreme south-east corner of the Navyard and proceeding in an east-north-easterly direction for a distance of 202 metres to reference point 2648532975, thence proceeding in a north-north-westerly direction for a distance of 62 metres to abut and join the extreme south-east corner of Work No. 1(b) thence in a west-south-westerly direction for a distance of 202 metres and thence in south-south-easterly direction to the point of commencement.
2
The Company may within the limits of deviation reconstruct, renew, alter, extend, enlarge, add to, replace or relay the works and may maintain the same as reconstructed, renewed, altered, extended, enlarged, added to, replaced or relaid.
3
The Company may, by means of the works authorised by paragraph (1) above, enclose and reclaim so much of the bed of the harbour and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the dock undertaking.
4
The start of Construction of Works Nos. 1 and 2 shall not take place until authorisation has been given by the highway authority for the financing of the construction of Stage 2 of the Dovercourt Bypass.
Power to deviate
6
In the construction of the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
7
Subject to the provisions of this Order, the Company may from time to time within the limits of deviation erect, construct and maintain whether temporarily or permanently all such works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance or use of the works.
Period for completion of works
8
If the works are not completed within ten years from the date mentioned in article 5(4) above or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as shall then be completed.
Works to form part of dock undertaking
9
The works shall for all purposes form part of the dock undertaking.
Works to be within county of Essex, etc.
10
1
So much of the works as are beyond mean low water shall be deemed to be within–
a
the county of Essex;
b
the district of Tendring;
c
the petty sessional division of Harwich;
d
the Harwich electoral division; and
e
the East Ward.
2
During the period between the coming into force of this Order and the date when the works have been completed each of the areas mentioned in paragraph (1) above shall be deemed to include all lands beyond mean low water which are within the limits of deviation.
3
Nothing in this article shall require the performance of any functions under the Ordnance Survey Act 1841 until the Company have certified in writing to the Director General of Ordnance Survey that the works have been completed.
Tidal works subject to licensing by Board
11
1
Notwithstanding paragraph (i) in the proviso to section 19(1) of the Harwich Harbour Act 1974, but subject to paragraph (2) below, the Company shall not construct any of the works below the level of high water unless they are licensed to do so by a works licence granted by the Board under section 20 of that Act and except in accordance with any conditions subject to which the licence is granted and in accordance with plans, sections and particulars approved under that section.
2
If there shall be any inconsistency between the plans approved under section 20 of the Harwich Harbour Act 1974 and the plans approved by the Secretary of State under article 15 of this Order, the works shall be constructed in accordance with the plans approved by the Secretary of State.
Other works subject to licensing by Board
12
1
This article applies to any additional permanent structure exceeding a height of 4 metres above deck level and which in this article is hereafter referred to as a “new structure”.
2
The provisions of section 20 of the Harwich Harbour Act 1974 shall apply (with the necessary modifications) to a new structure and, accordingly, the Company shall not place or permit to be placed on any of their quays any new structure unless they are licensed to do so by the Board under and in accordance with that section as so modified.
3
When deciding whether or not to grant a licence in accordance with this article the Board shall take account of any detrimental effect to the safety of navigation which may be caused by loss of visual or radar surveillance of the harbour arising from the new structure which is the subject of an application for the licence in question.
4
The Company shall be entitled to appeal to the Secretary of State on the grounds specified and in accordance with section 23 of the Harwich Harbour Act 1974.
Power to dredge
13
Subject to article 26 of this Order, and sections 19 and 21 of the Harwich Harbour Act 1974, the Company may, for the purposes of constructing and maintaining the works or otherwise for the purposes of the dock undertaking from time to time deepen, dredge, scour, cleanse, alter and improve so much of the harbour and foreshore as lies within their limits of jurisdiction and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) from time to time dredged by them–
Provided that no materials so dredged, other than those dredged for the purpose of constructing the works or filling in and reclaiming from the harbour and foreshore so much of the harbour and foreshore as is situated within the limits of deviation, shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Obstruction of works
14
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall for every such offence be liable on summary conviction to a fine not exceeding £400.
Tidal works not to be executed without approval of Secretary of State
15
1
A tidal work shall not be constructed, reconstructed, renewed, added to, extended, enlarged, altered, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is constructed, reconstructed, renewed, added to, extended, enlarged, altered, replaced or relaid in contravention of this article or of any condition or restriction imposed under this article–
a
the Secretary of State may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
3
The Company shall not apply to the Secretary of State for approval for any work for which a licence from the Board is required under section 20 of the Harwich Harbour Act 1974 as applied by article 11 or article 12 of this Order until they have applied to the Board for a works licence and the Board have notified them of their decision or, where there is an appeal under section 23 of that Act in respect of any decision given, or deemed to have been given, by the Board upon that application, the appeal has been dealt with.
Lights on tidal works during construction
16
1
The Company shall at or near a tidal work during the whole time of the construction, reconstruction, renewal, extension, enlargement, alteration, replacement or relaying thereof or addition thereto, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State or the Board, or as, failing agreement between them, the Secretary of State shall from time to time direct.
2
If the Company fail to comply with any requirement of a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
Provision against danger to navigation
17
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall forthwith notify Trinity House and the Board and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Board shall from time to time direct.
2
If the Company fail to notify the Board as required by this article or to comply with any requirement of a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
18
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such a condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Company.
4
Nothing in this article shall prejudice or affect the powers of the Board under section 18 of the Harwich Harbour Act 1974.
Survey of tidal works
19
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal works
20
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as the Board may from time to time direct.
2
If the Company fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
PART IV
MISCELLANEOUS AND GENERAL
Power to mortgage dock undertaking
21
The Company may mortgage, charge or otherwise encumber the dock undertaking or any part thereof.
Subsidiaries
22
The Company may enter into arrangements with any of their subsidiaries for the transfer to that subsidiary from the Company or any of their other subsidiaries in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of the Company, or, as the case may be, that other subsidiary, relating to the dock undertaking–
Provided that, in the case of a transfer of the whole or any part of the dock undertaking, the transferees shall be subject to all the restrictions, liabilities and obligations in respect of the dock undertaking or that part (as the case may be) to which the Company or other transferors are subject and shall perform all the duties of the Company or those transferors under this Order in respect of the dock undertaking or that part.
Power to make charges
23
1
Subject to paragraph (2) below, the Company may make such reasonable charges as they think fit for services and facilities provided by them or their subsidiaries.
2
Paragraph (1) above does not authorise the levying of ship, passenger or goods dues within the meaning of the Harbours Act 1964.
3
Nothing in this article shall affect any power of the Company to demand, take or recover charges which they may have under or by virtue of any enactment or rule of law.
As to use of dock undertaking
24
The Company may appropriate and set apart any part of the dock undertaking for the exclusive use of any particular vessel or class of vessel.
Power to remove goods
25
If any goods are left on or in any part of the dock undertaking the Company may require the owner of the goods to remove them, and if the goods are not so removed within six hours after such requirement the Company may cause them to be removed to the Company’s or any other public warehouse or store, and such removal shall be carried out at the expense and risk of the owner–
Provided always that–
a
notwithstanding such removal on behalf of the Company, the goods shall be liable to a general lien for the cost of removal, and for any charges payable to the Company by the owner; and
b
the power of the Company for preventing the removal of the goods until the cost of removal and the charges have been paid shall extend and apply to any goods removed or placed in store under this article.
Crown rights
26
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing herein contained shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Saving for Trinity House
27
None of the provisions of this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
For further protection of harbour authorities, etc.
28
1
In this article–
“the protected area” means in relation to the Board, and Sealink Harbours Limited, Harwich Harbour and in relation to Trinity House, the area bounded by the following co-ordinates–
Latitude 51° 56'.780N., Longitude 01° 17'.125E.
Latitude 51° 56'.865N., Longitude 01° 17'.110E.
Latitude 51° 56'.873N., Longitude 01° 17'.185E.
Latitude 51° 56'.815N., Longitude 01° 17'.195E.;
“the protected interests” means the Board, Sealink Harbours Limited or Trinity House, or any of them;
“the specified works” means any of the authorised works which are tidal works, and includes any operations carried out under the powers of article 13 of this Order in execution of the powers of article 5 of this Order.
2
If, during the construction of the specified works on the foreshore or bed of the river, or of any temporary structures in connection therewith, or within five years after the completion of the specified works or the removal of such temporary structures, there shall be caused or created any accumulation of silt or other material, or any scouring or alteration of the tidal flow in the river, within the protected area in consequence of–
a
the construction of the specified works or such temporary structures; or
b
dredging carried out in connection with the construction of, or to afford access for vessels to, the specified works;
which shall cause either damage to the harbour works of the protected interests or an impediment to the free navigation of the protected area or shall prejudice safe navigation or berthing in that area, the Company, if so requested by the protected interests within the period of five years after such completion, shall remove such accumulation of silt or other material or, as the case may be, repair such damage or otherwise carry out such works or take such action as they may consider necessary for the removal of the impediment or the restoration of safe navigation and berthing, and, if they fail to do so, the protected interests may themselves cause the work to be done and may recover from the Company the reasonable cost incurred by them in doing so.
3
If any such accumulation, scouring or alteration of the tidal flow arises within the said period of five years and is removed or remedied in accordance with paragraph (2) above, then any recurrence of such accumulation, scouring or alteration of the tidal flow shall from time to time be removed or otherwise remedied as aforesaid during a period of 10 years after the completion of the specified works or the removal of such temporary structures, as the case may be.
4
The Company shall repay or, as the case may be, keep the protected interests indemnified against all damages, losses, costs and expenses which they may directly or indirectly sustain, or be liable for, or reasonably and properly incur, by reason or in consequence of any injury or damage which may be caused or may result to any harbour works or property of the protected interests, or as a result of any interference in the operation thereof, by or in consequence of any such accumulation, scoring or alteration of the tidal flow–
Provided that the protected interests shall give to the Company notice of any claim or demand made against them which, in the opinion of the protected interests, is a claim or demand for which the Company may be liable under this paragraph, and no settlement or compromise of any such claim or demand shall be made without the consent in writing of the Company.
5
Any difference arising between the Company and the protected interests under this article (other than a difference as to its meaning or construction) shall be referred to and settled by a single arbitrator to be agreed between the parties, or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the president of the Institution of Civil Engineers.
Saving for Harwich Harbour Board
29
1
None of the provisions of this Order shall prejudice or affect any of the rights, powers or privileges of the Board.
2
If in connection with the works the Board relocate the Guard Buoy any expenditure reasonably incurred by the Board in so doing shall be recoverable from the Company.
3
Without prejudice to article 28 of this Order, as having effect for the protection of the Board, if in consequence of the construction of the works, or any of them, the Board find it necessary to dredge a channel for access by sea to their boat harbour, either to form a new access or to maintain the existing access or such new access, they may recover from the Company the costs reasonably incurred by them in so doing.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
27th June 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Credits) Amendment (No.4) Regulations 1988 and shall come into force on 2nd October 1988.
2
In these Regulations, “the principal Regulations ” means the Social Security (Credits) Regulations 1975 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), for the definition of “relevant past year” there shall be substituted the following definition —
“relevant past year” means the last complete year before the beginning of the relevant benefit year;
.
3
In regulation 9 (credits for unemployment or incapacity for work) —
a
after paragraph (8) the following paragraph shall be inserted —
8A
For the purposes of this regulation, where a period of employment commencing on any day extends over midnight into the following day, the person employed shall, in respect of such period, be treated —
a
as having been employed on the first day only, if the employment before midnight is of longer duration than that after midnight, and in that case the first day shall not be treated as a day of interruption of employment;
b
as having been employed on the second day only, if the employment after midnight is of longer duration than that before midnight, or if the employment before and after midnight is of equal duration, and in either of these cases the second day shall not be treated as a day of interruption of employment.
;
b
in paragraph (9) —
i
for the words “unemployment benefit, sickness benefit or maternity allowance” there shall be substituted the words “unemployment benefit or sickness benefit”;
ii
for sub-paragraph (a), there shall be substituted the following sub-paragraph —
a
in respect of one of the last two complete years before the beginning of the relevant benefit year, that person has an earnings factor of not less than twenty five times the lower earnings limit for that year which —
i
for the purposes of entitlement to unemployment benefit, is derived from earnings upon which primary Class 1 contributions have been paid or treated as paid;
ii
for the purposes of entitlement to sickness benefit, is derived from such earnings or from Class 2 contributions; or
;
iii
in sub-paragraph (c), for the words from “or regulations made under section 33(2)” to the end there shall be substituted the words “or regulation 2(1) of the Maternity Pay and Maternity Allowance (Transitional) Regulations 1987 ;”.
4
In regulation 9C (credits for maternity pay period) for the words “by virtue of a woman`s contributions” there shall be substituted the words “by virtue of a woman`s earnings or contributions”.
5
In the following regulations —
a
regulation 4 (starting credits for the purposes of a retirement pension, a widowed mother`s allowance and a widow`s pension),
b
regulation 7 (credits for approved training),
c
regulation 7A (credits for invalid care allowance),
d
regulation 9 (credits for unemployment or incapacity for work),
e
regulation 9A (credits for persons approaching pensionable age),
f
regulation 9B (credits for jury service),
for the words “by virtue of a person`s contributions”, wherever they appear, there shall be substituted the words “by virtue of a person`s earnings or contributions”.
Transitional
3
Where, by virtue of regulation 2 (transitional provisions) of the Social Security (Contribution Conditions for Unemployment and Sickness Benefit) Transitional Regulations 1988 , Schedule 3 to the Social Security Act 1975 continues to apply to a person as though the amendments made to it by section 6 of the Social Security Act 1988 (contributions conditions for short-term benefits) had not been enacted, then for the period for which that Schedule continues so to apply, the provisions of the principal Regulations shall apply in respect of that person as if regulation 2(3)(b)(ii) of these Regulations had not come into force.
Signed by authority of the Secretary of State for Social Security.
P.R.C. Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
7th September 1988


text:
Application, citation and commencement
1
1
This Order shall apply to the Wolverhampton urban development area.
2
This Order may be cited as the Town and Country Planning (Wolverhampton Urban Development Area) Special Development Order 1988 and shall come into force on 31st August 1988.
Interpretation
2
In this Order, “Wolverhampton urban development area” means the area designated as an urban development area by the Wolverhampton Urban Development Area Order 1988 .
Permitted development
3
1
The Town and Country Planning (Black Country Urban Development Area) Special Development Order 1987 shall have effect to permit development within the Wolverhampton urban development area in the circumstances in which, and to the same extent as, and subject to the same limitations, conditions and restrictions as, it is permitted by that order in the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 , and, accordingly, the first mentioned order shall have effect subject to the modifications mentioned in paragraph (2).
2
The modifications mentioned in paragraph (1) are —
i
in article 1(1), the insertion at the end of the words “and the Wolverhampton urban development area”;
ii
in article 2, the substitution for the definition of “the development area” of —
“the development area” means the areas designated as urban development areas by the Black Country Development Corporation (Area and Constitution) Order 1987 and the Wolverhampton Urban Development Area Order 1988;
; and
iii
in article 6(2)(f), the substitution of the words “the development area” for “their area”.
Nicholas Ridley
Secretary of State for the Environment
5th August 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Passenger Boarding Cards) (Application to non-UK Ships) Regulations 1988 and shall come into force on 1st April 1988.
2
For the purpose of these Regulations, “passenger ship” means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power, and “passenger” has the meaning given in section 26 of the Merchant Shipping (Safety Convention) Act 1949 .
3
The Merchant Shipping (Passenger Boarding Cards) Regulations 1988 (which apply only to United Kingdom passenger ships of Classes II and II(A) within the meaning of the Merchant Shipping (Passenger Construction and Survey) Regulations 1984 ) shall, subject to regulations 4 of these Regulations, apply also to passenger ships of those classes, other than United Kingdom ships, when operating as ships of those classes, while in ports in the United Kingdom in respect of voyages from ports in the United Kingdom.
4
Notwithstanding the requirements of regulation 3 of these Regulations, these Regulations shall not apply to any ship by reason of her being within a port in the United Kingdom if she would not have been therein but for stress of weather or any other circumstance which could not have been prevented by the master or the owner or the manager (if any).
Paul Channon
Secretary of State for Transport
28th March 1988