text:
1
1
These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1989.
2
In these Regulations “the principal regulations” means the Prosecution of Offences (Custody Time Limits) Regulations 1987 and references to a notice of transfer are references to a notice given under section 4 of the Criminal Justice Act 1987 .
3
These Regulations shall come into force on 1st June 1989, but–
a
regulations 2 and 4(a) shall not apply in relation to proceedings for an offence instituted before that date except where–
i
the accused is committed for trial in the Crown Court, or
ii
notice of transfer is given in respect of the case, or
iii
a bill of indictment is preferred against the accused under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 ,
on or after that date; and
b
regulations 3 and 4(b) shall not apply in relation to proceedings for an offence instituted before that date.
2
In paragraph (2) of regulation 3 of the principal regulations (application) at the end of the list of counties there shall be inserted the following–
Cambridgeshire Norfolk Cumbria Northamptonshire Cleveland Northumbria Derbyshire North Yorkshire Durham Nottinghamshire Hereford and Worcester Shropshire Humberside Staffordshire Lancashire South Yorkshire Leicestershire Suffolk Lincolnshire Warwickshire Merseyside West Yorkshire
.
3
Regulation 4 of the principal regulations (custody time limits in magistrates' courts) shall be amended as follows:
a
in paragraphs (2) and (4) for the words following “shall be” in each paragraph there shall be substituted in each place the words “70 days (save that in the case of proceedings instituted in the Birmingham petty sessions area it shall be 84 days).”;
b
for paragraph (5) the shall be substituted the following paragraph:
5
The foregoing provisions of this regulation shall have effect as if any reference therein to the time when the court decides whether or not to commit the accused to the Crown Court for trial were a reference–
a
where a court proceeds to inquire into an information as examining justices in pursuance of section 6(1) of the 1980 Act, to the time when it begins to hear evidence for the prosecution at the inquiry;
b
where a notice has been given under section 4(1)(c) of the Criminal Justice Act 1987 (in these Regulations referred to as a “notice of transfer”), to the date on which notice of transfer was given.
.
4
Regulation 5 of the principal regulations (custody time limits in the Crown Court) shall be amended as follows:
a
at the end of the list of places there shall be inserted the following–
Beverley Northampton Burnley Norwich Cambridge Nottingham Carlisle Peterborough Derby Preston Doncaster Sheffield Durham Shrewsbury Grimsby Stafford Huddersfield Stoke-on-Trent Ipswich Teesside Leeds Truro Leicester Wakefield Lincoln Warwick Liverpool Worcester Newcastle-upon-Tyne York
;
and the entry therein for Bodmin shall be omitted;
b
after paragraph (6) there shall be inserted the following paragraph–
6A
The foregoing provisions of this regulation shall have effect, where notice of transfer is given in respect of a case, as if references to committal for trial and to offences for which a person was or was not committed for trial included references to the giving of notice of transfer and to charges contained or not contained in the notice of transfer.
.
5
Regulation 7(2) of the principal regulations (application for extension of custody time limits) shall be amended as follows:
a
for the words “the appropriate officer of the Crown Court” there shall be substituted the words “the proper officer of the court”;
b
there shall be inserted after that paragraph the following paragraph:
2A
In paragraph (2) above, “the proper officer of the court” means in relation to an application in the Crown Court the appropriate officer of the court and in relation to an application in a magistrates' court the clerk of the court.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
4th May 1989


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Health and Medicines Act 1988 (Commencement No. 3) Order 1989.
2
In this Order –
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1978 Act ” means the National Health Service (Scotland) Act 1978 ;
“the 1988 Act ” means the Health and Medicines Act 1988.
Days appointed
2
1
7th March 1989 is the day appointed for the coming into force of each provision of the 1988 Act specified in column 1 of Schedule 1 to this Order for the purposes specified in relation to it in column 3 of that Schedule.
2
1st April 1989 is the day appointed for the coming into force of –
a
each provision of the 1988 Act specified in column 1 of Schedule 2 to this Order for the purposes specified in relation to it in column 3 of that Schedule;
b
section 25(2) of the 1988 Act (repeals) so far as it relates to –
i
sections 37(a), 78(1) and 79(1)(a) of, and Schedules 12 and 15 to, the 1977 Act,
ii
sections 4(1), 70(1) and 71(1)(a) of, and Schedules 11 and 16 to, the 1978 Act, and
iii
paragraph 2 in Part I of, and paragraph 5 in Part II of, Schedule 1 to the Health and Social Security Act 1984 .
K. Clarke
One of Her Majesty’s Principal Secretaries of State
6th March 1989


text:
1
The highways described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads as from the date when this Order comes into force.
2
In this Order the “deposited plan” means the plan numbered GLRT065/5012/34/TO1/5 marked “The A2 and the A205 Trunk Roads (Rochester Way and Westhorne Avenue Detrunking) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
This Order shall come into force on 14th September 1989 and may be cited as the A2 and the A205 Trunk Roads (Rochester Way and Westhorne Avenue Detrunking) Order 1989.
Signed by authority of the Secretary of State 21st August 1989
I. Yass


text:
Citation and commencement
1
This Order may be cited as the Colyton Grammar School (Designation of Staff) Order 1989 and shall come into force on 6th September 1989.
Designation of staff to be transferred from the Devon local education authority
2
The employee of the Devon local education authority who is named below is hereby designated in relation to Colyton Grammar School for the purposes of section 75 of the Education Reform Act 1988:
Arthur Parsons.
Angela Rumbold
Minister of State,
Department of Education and Science
8th August 1989


text:
1
These Regulations may be cited as the Water Resources (Licences) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
2
In regulation 2(1) of the Water Resources (Licences) Regulations 1965 , after the definition of “the Minister”, there shall be inserted–
“National Park” includes the Broads;
“National Park planning authority” includes the Broads Authority;
.
Nicholas Ridley
Secretary of State for the Environment
6th March 1989


text:
1
For the purpose of connecting the trunk road with other highways so as to effect junctions at the places stated in the Schedule to this Order, the Secretary of State is authorised to construct along the routes described in that Schedule new highways. Those new highways shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new highways is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new highways that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until in either case a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
“the deposited plan” means the plan folio numbered HA10/2E/264, marked “The A6 London–Inverness Trunk Road (Kettering Southern Bypass Slip Roads) Order 1989”, containing one map, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
“the trunk road” means the trunk road to be provided in pursuance of article 1 of the A6 London–Inverness Trunk Road (Kettering Southern Bypass) Order 1987 , and in pursuance of article 1(a) of the A604 Catthorpe–Harwich Trunk Road (Kettering to Thrapston Section and Slip Roads) Order 1987 ;
“the new highways” means the highways mentioned in article 1 of this Order, and “a new highway” means one of these highways.
5
This Order shall come into force on 10th August 1989 and may be cited as the A6 London–Inverness Trunk Road (Kettering Southern Bypass Slip Roads) Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
28th June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Water) Regulations 1989, and shall come into force on 1st September 1989, but regulation 2(11) shall have effect as from 1st January 1989, and regulations 9(b) and 12(a) shall have effect as from 7th July 1989.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Transfer of superannuation funds maintained by the Severn-Trent Water Authority
2
1
In this regulation–
a
“the old main fund” means the superannuation fund which the Severn-Trent Water Authority became required to maintain by virtue of regulation 5 of the Local Government Superannuation (National Water Council Dissolution) Regulations 1983 (“the dissolution Regulations”);
“the old second fund” means the superannuation fund which the Severn-Trent Water Authority became required to maintain by virtue of regulation 3 of the dissolution Regulations;
b
“new fund” means a superannuation fund which the National Rivers Authority are required to maintain under regulation P1(1) of the principal Regulations (as amended by regulation 9(a) of these Regulations);
“the new main fund” means the new fund to which the old main fund is transferred by paragraph (2)(a) below;
“the new second fund” means the new fund to which the old second fund is transferred by paragraph (2)(b) below;
c
i
any reference to an old fund shall be construed as a reference to the old main fund or the old second fund, as the case may be, and
ii
in relation to an old fund, any reference to the appropriate new fund shall be construed as a reference to the new fund to which that old fund is transferred by paragraph (2) below.
2
a
The old main fund shall vest in the National Rivers Authority, and shall become the new main fund;
b
the old second fund shall vest in the National Rivers Authority, and shall become the new second fund.
3
All rights and liabilities of the Severn-Trent Water Authority in respect of an old fund shall vest in the National Rivers Authority in respect of the appropriate new fund.
4
Any liability of any body or person to make payments into an old fund shall become a liability to make payments into the appropriate new fund.
5
Subject to paragraph (6) below, all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given by or to the Severn-Trent Water Authority or any other body on their behalf for the purposes of an old fund shall be of full force and effect in favour of, or against, the National Rivers Authority.
6
Any admission agreement made under regulation B3 of the principal Regulations (or continued in force by paragraph (9) of that Regulation as if so made) whereby employees of any body are, or can be, admitted to participate in the benefits of the old second fund shall, without prejudice to any rights or liabilities arising in respect of service by any such employees before 1st September 1989, cease to have effect.
7
Any action or proceeding or cause of action or proceeding pending or existing immediately before 1st September 1989 by or against the Severn-Trent Water Authority in respect of an old fund shall be of full force and effect in favour of, or against, the National Rivers Authority.
8
Where the Severn-Trent Water Authority would have become liable, or would have been empowered, on the happening of any event, to make a payment out of an old fund or to take any other action as administering authority in respect of any person who has ceased to participate in the benefits of an old fund before 1st September 1989, then on the happening of any such event such payment or action shall, or as the case may be, may be made out of the appropriate new fund or taken by the National Rivers Authority.
9
Where a person has ceased to contribute to an old fund before 1st September 1989 and has not become a contributor to any other superannuation fund maintained under the principal Regulations, the appropriate new fund shall after 31st August 1989 be deemed to be the fund to which he was last a contributor.
10
All legal proceedings pending on 1st September 1989 may be amended in such manner as may be necessary or proper in consequence of these Regulations.
11
Notwithstanding regulation P5 of the principal Regulations (periodical valuation of superannuation fund), the Severn-Trent Water Authority shall not be required to obtain an actuarial valuation of the assets and liabilities of an old fund as at 31st March 1989.
12
In its application to the new funds Part P of the principal Regulations shall have effect subject to the modifications set out in the Schedule to these Regulations.
13
Any expenses incurred by the Severn-Trent Water Authority in respect of an old fund in consequence of this regulation shall be paid out of the appropriate new fund.
Continuance of employer’s functions
3
1
As from 1st September 1989 every employer’s function not already excercised shall become a function of the National Rivers Authority.
2
In paragraph (1) “employer’s function” means a function under the principal Regulations, the 1974 Regulations or the former Regulations which–
a
had, or but for the determination of their functions would have, become exercisable in relation to a person by a water authority or a body whose employees were admitted to participate in the benefits of the old second fund referred to in regulation 2 by virtue of an admission agreement to which regulation 2(6) refers, and
b
had or would have become so exercisable by virtue only of the person’s having been at some before 1st September 1989 an employee of the National Water Council, of that water authority or of that body, and in relation to that employment.
3
The National Rivers Authority may pay out of the appropriate new fund, as defined in regulation 2, any costs, charges or expenses incurred by them in the discharge of functions which have become theirs by virtue of this regulation.
Power to admit employees of other bodies
4
Regulation B3(8) of the principal Regulations is amended–
a
in sub-paragraph (b), by deleting wherever they occur the words “or water authorities” and the words “or the functions of water authorities”, and
b
by deleting sub-paragraphs (i), (j) and (k).
Appropriate superannuation fund
5
Regulation C1 of the principal Regulations is amended–
a
in paragraph (1), by substituting for the words “and (3)” the words “, (3) and (6)”; and
b
by substituting for paragraphs (6) and (7) the following:
6
In relation to a pensionable employee of the National Rivers Authority, the appropriate superannuation fund is the fund maintained by the National Rivers Authority in accordance with regulation P1(1A)
.
Certain persons who become subject to other superannuation schemes
6
Regulation J13(1)(a) of the principal Regulations is amended by deleting the words “or a water authority”.
Transfers to Water Act Company schemes
7
The principal Regulations are amended by inserting after regulation J13 the following:
J13A
Where a person–
a
is, on 31st August 1989, a pensionable employee or an admitted employee, and
b
on 1st September 1989 either–
i
becomes an employee of a Water Act Company by virtue of any provision contained in, or made under the Water Act 1989 , or
ii
continues in an employment by virtue of which he was immediately before that date an admitted employee, and
c
on that date becomes subject to an approved non-local government scheme managed by or on behalf of a Water Act Company, and
d
on that date has not reached state pensionable age, and
e
on or before 31st December 1989 has made a written request to the appropriate administering authority for a transfer value to be paid to that scheme,
Regulation J14 shall apply to that person as if the requirements of paragraphs (1)(a), (b), (c) and (d) of that regulation were satisfied and as if references to the employing authority were references to the Water Act Company.
.
Transfer of certain sums from the superannuation fund
8
Regulation M2(2) of the principal Regulations is amended by substituting for the words “the Severn-Trent Water Authority” the words “the National Rivers Authority”.
Superannuation funds
9
Regulation P1 of the principal Regulations is amended–
a
in paragraph (1)–
i
by inserting at the end of sub-paragraph (c) the word “and”,
ii
in sub-paragraph (d), by deleting the word “and”,
iii
by deleting sub-paragraph (e), and
iv
by inserting, before the words “and every superannuation fund”, the words “the superannuation funds vested by regulation 2 of the Local Government Superannuation (Water) Regulations 1989 in the National Rivers Authority,”;
b
by inserting after paragraph (1) the following:
1A
The National Rivers Authority shall establish and maintain a superannuation fund for the purposes of these Regulations.
; and
c
in paragraph (2)–
i
by deleting the words “(other than the Severn-Trent Water Authority)”, and
ii
by inserting after the words “paragraph (1)” the words “or (1A)”.
Change of local government employment and fund authority
10
Regulation Q2(6) of the principal Regulations is amended by inserting after the words “the Local Government Act 1985” the words “or the Water Act 1989”.
Glossary of expressions
11
Schedule 1 to the principal Regulations is amended–
a
by inserting after the entry relating to “The Miscellaneous Provisions regulations” the following:
“National Rivers Authority” The same meaning as in the Water Act 1989
; and
b
by inserting after the entry relating to “War service provisions” the following:
“Water Act Company” A company nominated in accordance with section 4 of the Water Act 1989 as the successor company of a water authority, or a company nominated by order under section 83(1) of that Act
.
Pensionable employees
12
Part I of Schedule 2 to the Principal Regulations is amended in column (1)–
a
by inserting after the item relating to a higher education corporation the following:
The National Rivers Authority
;
b
by deleting the words “A water authority”.
Fund apportionment where 100 or more transfer their pension rights under regulation J14
13
Schedule 18 to the principal Regulations is amended–
a
in paragraph 4, by inserting before the words “The relevant date” the words “Subject to paragraph 4A,”;
b
by inserting after paragraph 4 the following:
4A
In relation to persons to whom regulation J14 applies by virtue of regulation J13A, the relevant date for the purposes of paragraphs 5 and 6 is 31st March 1988.
;
c
in paragraph 11A, by inserting after the words “a water authority” the words “or admitted employees by virtue of an admission agreement made with the Severn-Trent Water Authority”;
d
in paragraph 18, by inserting before the words “The employing authority” the words “Subject to paragraph 18A,”;
e
by inserting after paragraph 18 the following:
18A
Where regulation J14 applies by virtue of regulation J13A, the costs of apportioning the fund shall be paid out of that fund, but such costs shall be disregarded in calculating any apportionment under this Schedule.
.
Employer’s contributions
14
1
As soon as is reasonably practicable after the establishment of the fund referred to in regulation 9(b), the National Rivers Authority shall obtain from an actuary a certificate specifying in respect of that fund, for the years ending on 31st March 1990, 31st March 1991, 31st March 1992 and 31st March 1993, the matters referred to in regulation P6(1) of the principal Regulations (common rate of employer’s contribution and any individual adjustments).
2
The said certificate, and the matters specified therein, shall be deemed for the purposes of regulation P7 of the principal Regulations (employer’s contributions) to have been obtained and specified under the said regulation P6.
Retrospective effect
15
Where–
a
a person has become an employee of the National Rivers Authority on or after 7th July 1989, and
b
if these Regulations had come into force on 7th July 1989, he would at any time before 1st September 1989 have been entitled to make an election under regulation B1A of the principal Regulations, and
c
he gives notice of such an election within 3 months after 1st September 1989,
the election may be expressed to have effect from the date on which he commenced his employment with the National Rivers Authority.
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State,
Department of the Environment
9th August 1989


text:
Citation and commencement
1
This Order may be cited as the British Waterways Board (Rateable Values) Order 1989 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“canal hereditaments” means non-domestic hereditaments occupied (or, if unoccupied, owned) by the British Waterways Board and required by virtue of Part 1 of the Schedule to the Central Rating Lists Regulations 1989 to be shown in a central non-domestic rating list; and “English canal hereditaments” means all such hereditaments so required to be shown in the central rating list for England; and “Welsh canal hereditaments” means all such hereditaments so required to be shown in the central rating list for Wales;
“commercial waterway” and “cruising waterway” on any day mean any inland waterway (whether natural or artificial) which is on that day occupied by the Board and classified in accordance with section 104 of the Transport Act 1968 as commercial waterway or, as the case may be, cruising waterway;
“year” means a chargeable financial year, and
any reference to the length of a waterway is to that length estimated to the nearest kilometre.
Rateable value
3
1
In the case of canal hereditaments, paragraphs 2 to 2B of Schedule 6 to the Act shall not apply, and the rateable value of those hereditaments shall be as specified in, or determined under the rules in, this article.
2
For the year beginning on 1st April 1990, the rateable value of English canal hereditaments shall be £295,000, and the rateable value of Welsh canal hereditaments shall be £16,000.
3
For any subsequent year (“the relevant year”), the rateable value of each of those classes of hereditament shall be the amount produced by calculation in accordance with the formula —
RV + 168 (y − Y) + 115 (n − N)
where —
RV is the rateable value for that class of hereditaments specified in paragraph (2);
y is the length of relevant commercial waterway on 31st March immediately preceding the relevant year;
Y is the length of relevant commercial waterway on 31st March 1990;
n is the length of relevant cruising waterway on 31st March immediately preceding the relevant year; and
N is the length of relevant cruising waterway on 31st March 1990,
and “relevant commercial waterway” and “relevant cruising waterway” in relation to English canal hereditaments means such waterway situated in England, and in relation to Welsh canal hereditaments means such waterway situated in Wales.
4
Where (apart from this paragraph) the rateable value determined for any financial year under paragraph (1) would include a fraction of a pound —
a
the fraction shall be made up to a pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
1
This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variations) Order 1989.
2
The variations in the Public Lending Right Scheme 1982 which were made on the 22nd November 1989 by the Lord President of the Council and are set out in the Appendix to this Order shall come into force on 21st December 1989.
Geoffrey Howe
Lord President of the Council
22nd November 1989


text:
PART I
GENERAL
Citation, Commencement and Revocations
1
1
These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989 and shall come into force on 28th July 1989.
2
The Greater London Street Playground (Procedures) Regulations 1972 , the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1986 , the Control of Parking in Goods Vehicle Loading Areas Orders (Procedure) (England and Wales) Regulations 1986 and the London Authorities' Traffic Orders (Procedure) Regulations 1986 are hereby revoked.
3
Paragraph (2) has effect subject to Part VI of these Regulations (transitional provisions).
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“the 1985 Act ” means the Local Government Act 1985;
“Crown road” and “appropriate Crown authority” have the meanings given by section 131(7) of the 1984 Act;
“fire authority”, in relation to any road or other place, means the authority discharging in the area in which the road or other place is situated the functions of fire authority under the Fire Services Act 1947 ;
“local authority” means–
the council of a county, district or a London borough;
the Common Council of the City of London;
the Council of the Isles of Scilly;
a parish or community council;
“local service” has the meaning given by section 2 of the Transport Act 1985 ;
“London authority” means the council of a London borough or the Common Council of the City of London;
“metropolitan authority” means the council of a metropolitan district;
“order making authority”, in relation to any order, means the authority that has made it or is proposing to make it;
“public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 ;
“road” includes any length of road and any part of the width of a road and, in relation to an order under section 6 of the 1984 Act, any length of a street as defined in sub-section (6) of that section and any part of the width of such a street.
2
A reference in these Regulations to an order is a reference to an order or a proposed order, as appropriate; and, in the case of a proposed order, any reference to the effect of the order (however expressed) is a reference to the effect that the proposed order would have were it to be made.
3
Any reference in these Regulations to an order under any particular section of the 1984 Act includes–
a
a reference to an order varying or revoking an order made, or having effect as if made, under that section, and
b
in relation to the variation or revocation of an order, or to the application of the provisions of an order, a reference to an order having effect as if made under that section.
4
Without prejudice to paragraph (3) of this regulation, any reference in these Regulations to the variation or revocation of an order under section 46 or 49 of the 1984 Act, or to the application of the provisions of an order under either of those sections, shall include a reference to the variation or revocation, or (as the case may be) to the application of the provisions, of an order which has been continued in operation by virtue of paragraph 11(1) of Schedule 10 to the 1984 Act.
5
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the Regulations except where otherwise expressly provided.
Application of Regulations
3
1
These Regulations apply to orders made or proposed to be made by a local authority under or by virtue of any of the following provisions of the 1984 Act, that is to say, sections 1, 6, 9, 19, 29, 30, 32, 35, 37, 38, 45, 46, 49(2) and (4), 61, 83(2) and 84.
2
Except where otherwise stated, these Regulations apply to an order under any of the above-mentioned provisions of the 1984 Act made or proposed to be made by a local authority in pursuance of a direction of the Secretary of State under Part I of Schedule 9 to the 1984 Act in the same way as they apply to an order or proposed order in relation to which no such direction has been given.
PART II
PROCEDURE BEFORE MAKING AN ORDER
Preliminary
4
This Part of these Regulations has effect subject to Parts IV and V of these Regulations (which contain provisions relating to particular orders and orders made in particular circumstances) and Part VI of these Regulations (which contains transitional provisions).
Consultation
5
1
Before making an order an order making authority shall–
a
where they are not the highway authority for any road to which the order relates, consult with the highway authority for that road,
b
where the order relates to a Crown road, consult with the appropriate Crown authority for that road,
c
where–
i
they are a highway authority, and
ii
the order would be likely to have direct effect on traffic or any class of traffic on any road for the maintenance of which another highway authority is responsible,
consult that other highway authority;
d
in all cases, consult with organisations representing persons who use any road to which the order relates or are likely to be otherwise affected by any provisions of the order, unless it appears to the order making authority that there is no such organisation which can appropriately be consulted.
2
The consultations referred to in paragraph (1) of this regulation are additional to the consultation with the chief officer of police required by paragraph 20 of Schedule 9 to the 1984 Act, any other consultation required by that Act, and the consultation required of London and metropolitan authorities by paragraph 6(3)(c) of Schedule 5 to the 1985 Act.
Publication of proposals
6
1
Before making an order, the order making authority shall–
a
publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of proposals containing the particulars specified in Part I of Schedule 1;
b
publish a similar notice in the London Gazette;
c
if it appears to the authority that it would be desirable in the interests of giving adequate publicity to the order, comply with the relevant requirements of Part II of Schedule 2 as to the notices to be displayed in each road or other place to which the order relates;
d
comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
2
At the same time as they comply with the requirements of paragraph (1) of this regulation, the authority shall send copies of the particulars mentioned in sub-paragraph (a) of that paragraph to each person whom they are required to consult under paragraph 6(3)(c) of Schedule 5 to the 1985 Act or regulation 5(1)(c).
Objections
7
1
Any person desiring to object to an order shall send to the address specified in the notice of proposals published under regulation 6 a written statement of his objection and the grounds on which it is made.
2
The statement shall be sent to that address on or before–
a
the date specified in the notice of proposals published under regulation 6, or
b
the expiration of 21 days after the order making authority have complied with regulation 6(1)(a), (1)(b) and (2),
whichever is the later.
3
Where an order making authority is a London or metropolitan authority, any objection under this regulation by any other such authority shall state whether or not it is alleged that the order would have any direct effect on traffic or any class of traffic on any road other than a trunk road in the area of that authority.
Public inquiries
8
1
Before making an order the order making authority may hold a public inquiry in connection with that order.
2
Where–
a
an order contains a provision to which this paragraph applies,
b
an objection has been made to that provision by any person in accordance with regulation 7 or 29, and
c
the objection has not been withdrawn,
the order making authority shall, unless they are satisfied that the objection is frivolous, hold a public inquiry.
3
Where–
a
an order contains a provision to which this paragraph applies,
b
an objection has been made by a person who provides a relevant service on any road to which the order relates, and
c
the objection has not been withdrawn,
the order making authority shall hold a public inquiry.
4
The order making authority shall appoint as the person to hold the public inquiry a person selected by them from a panel of persons chosen by the Secretary of State for the purpose of holding public inquiries under these Regulations.
5
Paragraph (2) applies to any provision contained in an order–
a
under section 1, 6, 32 or 37; or
b
under section 45 by virtue of section 53(1)(a),
of the 1984 Act which prohibits, or has the effect of prohibiting, the loading or unloading of vehicles in any road either at all times or for any period of time unless such period falls wholly between 07.00 hours and 10.00 hours or between 16.00 hours and 19.00 hours in any day.
6
Paragraph (3) applies to–
a
any provision contained in an order–
i
under section 1, 6 or 37, or
ii
under section 45 by virtue of section 53(1)(a),
of the 1984 Act requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding; and
b
any provision contained in an order under section 19 of the 1984 Act prohibiting the use of any highway either at all times or for a limited period or periods in the year by public service vehicles or such vehicles of a specified class.
7
For the purpose of paragraph (3)(b) of this regulation “a relevant service” means–
a
a service which is a local service; or
b
any other service for the carriage of passengers for hire or reward at separate fares.
Notice of public inquiry
9
1
Where the order making authority decide, before publishing the notice of proposals under regulation 6, to hold a public inquiry, the notice of proposals shall contain, in addition to the particulars required by that regulation, the particulars specified in Part II of Schedule 1.
2
In all other cases where, in connection with an order, a public inquiry is to be held (whether as a result of the authority’s decision or the requirements of regulation 8) the authority shall, after complying with the requirements of regulation 6–
a
publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the inquiry containing the particulars specified in Part III of Schedule 1;
b
publish a similar notice in the London Gazette;
c
not later than the date of the first publication of the notice required by sub-paragraph (a) of this paragraph, inform in writing any person who has objected to the order in accordance with regulations 7 or 29 and who has not withdrawn the objection, of the date, time and place of the inquiry.
d
if it appears to the authority that it would be desirable in the interests of giving adequate publicity to the inquiry, comply with the relevant requirements of Part II of Schedule 2 as to the notices to be displayed in each road, or other place to which the order relates.
e
comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
3
Where the notice of proposals published under regulation 6 announces the holding of a public inquiry, there shall be at least 42 days between the date that the order making authority complied with paragraph (1)(a) and (b) of that regulation and the date when the public inquiry is due to begin.
4
Where a notice of a public inquiry is published under sub-paragraphs (a) and (b) of paragraph 2, there shall be at least 21 days between whichever is the later of–
a
the last day on which an objection can be sent under regulation 7, or
b
the date when the order making authority comply with those sub-paragraphs,
and the date that the inquiry is due to begin.
Procedure at public inquiry
10
1
Any person interested in the subject matter of a public inquiry may appear at the inquiry either in person or by counsel, solicitor or other representative.
2
Any person so interested may, whether or not he proposes to appear at the inquiry, send to the person appointed to hold the inquiry, at the address given in the notice of proposals published under regulation 6(1) for the receipt of objections, such written representations as he may wish to make in relation to the subject matter of the inquiry with a view to their consideration by that person at the inquiry.
3
The person holding the inquiry may refuse to hear any person, or to consider any objection or representation made by any person, if he is satisfied that the views of that person or the objection or representation are frivolous or that such views have already been adequately stated by some other person at the inquiry.
4
Subject as aforesaid, the procedure at the inquiry shall be in the discretion of the person holding it.
Consent of the Secretary of State
11
Where an order is one which under Part II of Schedule 9 to the 1984 Act requires the consent of the Secretary of State, the order making authority’s application to the Secretary of State for such consent shall be accompanied by copies of such of the documents specified in Schedule 4 as may be applicable.
Consideration of objections
12
Before making an order the order making authority shall consider all objections duly made in accordance with regulation 7 or 29 and not withdrawn and also the report and recommendations (if any) of the person holding any public inquiry in connection with the order.
Modifications
13
1
The order making authority shall not make an order with modifications where–
a
any of the modifications would involve a departure from the order in the form to which the Secretary of State or appropriate Crown authority have given their consent,
b
in a case where under paragraph 2 of Schedule 9 to the 1984 Act the Secretary of State has directed the authority to make the order, any of the modifications would involve a departure from the form in which the Secretary of State has directed the order to be made, or
c
in a case where the Secretary of State has made a determination under paragraph 7 of Schedule 5 to the 1985 Act, any of the modifications would be inconsistent with such determination,
but subject as aforesaid the order making authority may make the order with modifications (whether in consequence of any objections or otherwise).
2
Where the order making authority propose to make, or the Secretary of State proposes to consent to, an order with modifications which appear to that authority or, as the case may be, to the Secretary of State to make a substantial change in the order, the order making authority shall before making the order, take such steps as appear to them to be appropriate or, in a case involving the Secretary of State’s consent, as the Secretary of State may require, for informing the persons likely to be affected by the modifications, for giving to those persons an opportunity to make representations in connection with the modifications and for ensuring that any such representations are duly considered by that authority and, where the Secretary of State so requests, by the Secretary of State.
3
In this regulation, “modifications” has, in the case of an order made by a London authority, the meaning given by paragraph 23(2) of Schedule 9 to the 1984 Act; and in any other case the same meaning as in paragraph 22 of that Schedule.
PART III
THE DECISION TO MAKE AN ORDER, FORM OF ORDER AND SUBSEQUENT PROCEDURE
Preliminary
14
This Part of these Regulations has effect subject to Parts IV and V (which contain provisions relating to particular orders and orders made in particular circumstances) and Part VI of these Regulations (which contains transitional provisions).
Commencement date of order
15
No date on which an order, or a provision of an order, comes into force shall be earlier than the date on which the authority intend the notice of the making of the order to be published in a local newspaper under regulation 16.
Notice of the making of the order
16
1
When an order has been made, the order making authority shall–
a
forthwith give notice in writing of the making of the order to the chief officer of police of any police area in which any road or other place to which the order relates is situated;
b
where the order making authority is not the fire authority, forthwith give notice in writing of the making of the order to the fire authority for the area in which any road or other place to which the order relates is situated;
c
except in the case specified in paragraph (2) notify in writing each person who has duly objected to the order in accordance with regulation 7 or 29 and has not withdrawn his objection, of the order making authority’s decision in relation to the objection and, where the objection has not been, or not wholly been, acceded to, of the authority’s reasons for their decision;
d
within 14 days of the making of the order publish in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the making of the order containing the particulars specified in Part IV of Schedule 1;
e
within the same period publish in the London Gazette a notice of the making of the order containing the particulars specified in Part V of Schedule 1;
f
comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
2
The case referred to in paragraph (1)(c) above is the case where the order making authority have, before making the order, notified in writing the person in question of–
a
their decision in relation to his objection, and
b
where the objection has not been, or not wholly been, acceded to, of the reasons for their decision.
Traffic signs
17
1
Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure–
a
before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for the purposes of securing that adequate information as to the effect of the order is made available to persons using the road,
b
the maintenance of such signs for so long as the order remains in force, and
c
in a case where the order contains provisions for revoking, or altering the application of, a previous order, such removal or replacement of existing traffic signs as the order making authority may consider requisite for the purpose of avoiding confusion to the users of the road or the continuance of traffic signs in incorrect positions,
but where the road is a Crown road the authority shall act in accordance with sub-paragraphs (a) and (c) only after consultation with the appropriate Crown authority.
2
This regulation is without prejudice to section 85 of the 1984 Act.
PART IV
SPECIAL PROCEDURAL PROVISIONS FOR CERTAIN ORDERS
Preliminary
18
This Part of these Regulations has effect subject to Part V of these Regulations (which contains provisions relating to orders made in particular circumstances) and to Part VI of these Regulations (which contains transitional provisions).
Special provisions for consolidation orders
19
1
Regulations 5, 6, 7 and 8 shall not apply to a consolidation order, and regulation 16 shall have effect in relation to such an order with the following modifications, namely, that the particulars to be contained in the notice of the making of the order need consist only of–
a
the name of the order making authority;
b
the title of the order;
c
a statement of the titles of the orders the provisions of which are reproduced in the consolidation order;
d
in a case where a consolidation order re-enacts a provision with a variation described in paragraphs 4 to 8 of Schedule 5, a statement explaining the effect of the variation;
e
the commencement date or dates of the order;
f
the items numbered 8 and (so far as appropriate) 9 and 10 in Part IV of Schedule 1.
2
In this regulation “consolidation order” means an order which revokes provisions of one or more existing orders, reproduces those provisions without any change in substance and makes no other provision but so however that for the purpose of this definition the inclusion in the order of a provision having one or more of the effects described in Part I of Schedule 5 shall not be regarded as a change of substance.
Minor orders
20
1
Subject to paragraph (4) this regulation applies to an order having one or more of the effects described in–
a
Part I of Schedule 5 (minor variations not described in Parts II and III ),
b
Part II of that Schedule (parking, waiting, stopping and turning),
c
Part III of that Schedule (the riding of cycles and mopeds on footbridges and subways and driving in boxed areas),
and no other effect.
2
Parts IV and V of Schedule 5 shall have effect for the purpose of interpreting Parts I, II and III of that Schedule.
3
Any regulation specified in column 1 of the Table below shall not apply to an order having one or more of the effects described in the Part or Parts of Schedule 5 shown in column 2 against that regulation and no other effect.
TABLE
Regulation Parts of Schedule 5
5 Parts I, II and III 6 and 7 Parts I and III 8 Part I
4
This regulation shall not apply to an order which by reason of the inclusion therein of any provision such as is mentioned in paragraph 13(1)(e) or (f) of Schedule 9 to the 1984 Act requires the consent of the Secretary of State before it can be made.
Special provisions for experimental traffic orders
21
Regulations 6 and 7 shall not apply to any order under section 9 of the 1984 Act, but every such order shall be framed so as to come into force on a date not less than 7 days after the date that the order making authority intend the order to be published in a local newspaper under regulation 16.
Special provisions for orders giving permanent effect to experimental orders
22
1
In this regulation “permanent order” means an order under any provision of the 1984 Act other than section 9 the sole effect of which would be to reproduce and continue in force indefinitely an order under section 9 (whether or not that order has been varied, or has been modified or suspended under section 10(2) of that Act).
2
Regulations 5, 6 and 7 shall not apply to a permanent order where–
a
the provisions to be continued in force have been in continuous operation for a period of not less than 6 months, and
b
the requirements mentioned in paragraph (3) have been complied with in relation to the order under section 9 of the 1984 Act, or if more than one such order is involved, to each such order (an order under the said section 9 containing provisions to be continued in force as aforesaid being in this regulation referred to as a “relevant section 9 order”).
3
Those requirements are that–
a
the notice of the making of the relevant section 9 order published under regulation 16(1)(d) and (e), or if more than one such order is involved, of each such order, has contained the following statements–
i
that the order making authority would be considering in due course whether the provisions of that order should be continued in force indefinitely; and
ii
that within a period of 6 months from the coming into force of that order, or if that order is subsequently varied by another order under that section or modified pursuant to subsection (2) of section 10 of the 1984 Act, from the coming into operation of that variation or modification (whichever is latest), any person may object to the making of an order for the purposes of such indefinite continuation; and
iii
that any such objection must be in writing, must give the grounds on which it is made and must be made to an address of the order making authority specified in the statement;
b
the documents which the order making authority are required by regulation 16(1)(f) to make available for inspection in connection with the making of the relevant section 9 order, or of each such order, if more than one, have been accompanied by a statement setting out the authority’s reasons for making that section 9 order;
c
those documents and that statement have continued to be available for inspection in accordance with Schedule 3 during the whole of the period within which objections can be made in accordance with sub-paragraph (a)(ii) above; and
d
in a case where a relevant section 9 order has been modified pursuant to subsection (2) of the said section 10, a document stating the effect of each such modification has been made available for inspection along with the documents and statement referred to in sub-paragraph (c) above and for the period mentioned in that sub-paragraph.
4
In the application of regulations 8, 9(2), 10, 12 and 16, Part III of Schedule 1 and Schedule 4 to a permanent order to which regulations 5, 6 and 7 do not apply by virtue of paragraph (2) above–
a
the notice of the making of the relevant section 9 order published under regulation 16(1)(d) shall be treated as the notice of proposals published under regulation 6(1)(a) in respect of the permanent order;
b
the notice of the making of the relevant section 9 order published under regulation 16(1)(e) shall be treated as the notice of proposals published under regulation 6(1)(b) in respect of the permanent order; and
c
any objection made in accordance with the statement contained in a notice of the making of the relevant section 9 order referred to in paragraph (a) or (b) above shall be treated as an objection duly made under regulation 7 above to the permanent order.
Orders under section 30 of the 1984 Act (playgrounds in London)
23
Regulation 8 shall not apply to an order under section 30 of the 1984 Act (prohibition of traffic on roads to be used as playgrounds in Greater London).
Special provisions for loading area orders
24
1
Regulations 5, 6(1)(b), 6(2), 7(3), 9(2)(b) and 16(1)(d) shall not apply to an order under section 61 of the 1984 Act.
2
Regulations 6, 7, and 8 shall not apply to any obligatory revocation order.
3
Before making an order under section 61 of the 1984 Act relating to an area not situated in Greater London or a metropolitan county the order making authority shall consult with the council of the district in whose area the loading area is situated.
4
Nothing in regulation 13 shall authorise the order making authority to make an order under section 61 of the 1984 Act with modifications unless the owner and occupier of the loading area have consented to the modifications.
5
When an order under section 61 of the 1984 Act has been made, the order making authority shall serve on the owner and occupier of the loading area a copy of the order and of the notice of the making of the order published under regulation 16(1)(d).
6
Regulation 17 shall have effect in relation to an order under section 61 of the 1984 Act as if for the word “road” wherever it appears there were substituted the words “loading area” and the reference to traffic signs in relation to any land which is not a road, included a reference to any object, device, line or mark which would be a traffic sign (as defined in section 64 of the 1984 Act) if the land were a road.
7
In this regulation–
“loading area”, in relation to an order under section 61 of the 1984 Act, means the area in relation to which the order has effect.
“obligatory revocation order” means an order which the order making authority are required to make by section 61(2)(c) of the 1984 Act.
“owner” has the meaning given by section 61(8) of the 1984 Act.
Making of orders in part
25
1
Subject to the provisions of this regulation, where an order making authority have, in relation to an order (“the order as originally proposed”)–
a
complied with the requirements of regulation 5 and 6,
b
decided to make an order by virtue of this paragraph giving effect to some of the provisions of the order as originally proposed, and
c
decided to defer making a decision on whether to make an order under this regulation giving effect to the remaining provisions of the original order,
they may make an order giving effect to the provisions referred to in sub-paragraph (b).
2
Subject to the provisions of this regulation, where an order making authority have–
a
made one or more orders by virtue of paragraph (1) or of that paragraph and this paragraph giving effect to some of the provisions of the order as originally proposed,
b
decided to make an order by virtue of this paragraph giving effect to some other provisions of the order as originally proposed, and
c
decided to defer making a decision as to whether to give effect to the remaining provisions of the order as originally proposed,
they may make an order giving effect to the provisions referred to in sub-paragraph (b) and, so far as may appear to them to be necessary or expedient for the purposes of those provisions, giving further effect to the provisions referred to in sub-paragraph (a).
3
Subject to the provisions of this regulation, where an order making authority have made one or more orders by virtue of this regulation giving effect to some provisions of the order as originally proposed, they may make an order giving effect to the remaining provisions and, so far as may appear to them to be necessary or expedient for the purposes of those provisions, giving further effect to the provisions to which effect has been given by the previous order or orders.
4
Subject to paragraph (6) Parts II and III of these Regulations shall apply to an order made or proposed to be made by virtue of this regulation as if the procedural steps previously taken under these Regulations, and any notices published or instruments prepared under them, in connection with the order as originally proposed had related only to the provisions of the order made or proposed to be made by virtue of this regulation (whether or not any previous order has been made by virtue of this regulation).
5
No order may be made by virtue of paragraphs (2) or (3) after the expiration of 12 months from the date of an order made by virtue of paragraph (1) relating to the same original order unless the order made by virtue of paragraphs (2) or (3) is made in consequence of a public inquiry which begins before the expiration of that period.
6
The notices given and published under regulation 16 of the making of any order made by virtue of this regulation shall–
a
state that the order in question has been made by virtue of this regulation,
b
indicate briefly the provisions (if any) of the order as originally proposed in relation to which the decision of the order making authority has been deferred and
c
where the order is made by virtue of paragraph (2) or (3), give particulars of the title and date of every previous order made by virtue of this regulation in relation to the same order as originally proposed.
7
Regulation 13(2) shall apply to an order made by virtue of paragraph (1) or (2) of this regulation and for this purpose such an order shall be regarded as an order with modifications.
Revocation or revocation and re-enactment where due to exceptional circumstances notices of the making of orders are not published
26
1
For the purposes of this regulation–
a
“replacement order” means an order which revokes and re-enacts another order, but has no other effect,
b
“revocation order” means an order which revokes another order, but has no other effect,
c
“previous order”, in relation to a revocation order or replacement order, means the order revoked by the revocation order or replacement order (as the case may be).
2
Regulations 5, 6, 7 and (save as provided in paragraph (4)) 15 shall not apply to a revocation order or replacement order if–
a
at the date that the revocation order or replacement order is made, no provision in the previous order has come into force;
b
in relation to the previous order, the order making authority, at that date–
i
have failed to comply with the requirements set out in sub-paragraphs (d) or (e) of regulation 16(1), or
ii
are satisfied that they would not be able to comply with the requirements set out in either of those sub-paragraphs,
within the time limits specified therein and the revocation order or replacement order (as the case may be) states that they have so failed or are so satisfied;
c
the order making authority at that date are satisfied that such failure or inability to comply was or is due to exceptional circumstances and the revocation order or replacement order (as the case may be) states that they are so satisfied;
d
the authority making the revocation order or replacement order are the authority that made the previous order;
e
in the case of a revocation order, the order comes into force on the date it is made;
f
in the case of a replacement order–
i
in so far as the order revokes the previous order it comes into force on the day that it is made,
ii
apart from the different commencement dates and the revocation of the previous order, the previous order and the replacement order have the same effect, and
iii
the authority had, in relation to the previous order, complied with–
i
all the requirements of these Regulations other than regulations 16 and 17, and
ii
all the requirements of the 1984 Act,
with respect to the making of such an order.
3
Where by virtue of this regulation an order making authority make a revocation order which comes into force on the date it is made they shall if it is practicable, comply with the requirements set out in paragraphs (d) and (e) of regulation 16(1) within the time limits specified therein, but if such compliance is not practicable and they comply with each of the requirements as soon as practicable thereafter they shall be deemed to have complied with those paragraphs.
4
Where by virtue of this regulation a replacement order comes into force on the day it is made in so far as it revokes a previous order, regulation 15 shall nevertheless apply to the replacement order in so far as it has any other effect.
Re-enactment of orders which in exceptional circumstances have been revoked before publication
27
1
In this regulation, “revocation order” and “previous order” have the same meaning as in regulation 25.
2
Regulations 5, 6 and 7 shall not apply to an order which re-enacts a previous order that has been revoked pursuant to regulation 26 by a revocation order if–
a
the revocation order came into force on the date it was made;
b
the order which re-enacts the previous order is made within 6 months after the date that the previous order was made;
c
apart from the different commencement dates, the previous order and the order which re-enacts it have the same effect;
d
the authority making the order that re-enacts the previous order are the authority that made the previous order; and
e
the authority had, in relation to the previous order, complied with–
i
all the requirements of these Regulations other than regulations 16 and 17, and
ii
all the requirements of the 1984 Act,
with respect to the making of such an order.
PART V
PROCEDURES AND OBJECTIONS, UNDER PARAGRAPH 7 OF SCHEDULE 5 TO THE LOCAL GOVERNMENT ACT 1985
Preliminary
28
This Part of these Regulations has effect subject to Part VI of these Regulations which contains transitional provisions.
Procedures and objections
29
1
This regulation has effect where the order making authority are a London or metropolitan authority and another such authority (“the other authority”) are required to be consulted by virtue of paragraph 6(3)(c) of Part II of Schedule 5 to the 1985 Act in connection with an order.
2
Where by virtue of Part IV of these Regulations, regulation 6 does not apply, the order making authority shall nevertheless, before making the order, send to the other authority a notice containing the particulars specified in Part I of Schedule 1.
3
Without prejudice to any right which the other authority might have to object under regulation 7, that authority may object to the order at any time during the period beginning on the date that the order making authority comply with regulation 6(2) or paragraph (2) (as the case may be) and ending 21 days later.
4
Any objection under paragraph (3) shall–
a
be in writing and be sent to the address specified in the particulars sent under regulation 6(2) or paragraph (2) (as the case may be), and
b
state whether or not it is alleged that the order would have any direct effect on traffic or any class of traffic on any road other than a trunk road in the area of that authority.
PART VI
TRANSITIONAL PROVISIONS
30
1
In this Part of the Regulations, “old enactment” means an enactment referred to in regulation 1(2) (revocations).
2
Where a notice of a proposal to make an order has been published in the London Gazette before the coming into force of these Regulations pursuant to the requirements of an old enactment, the old enactment shall continue to apply to the order and nothing in these Regulations affects that enactment.
3
Nothing in these Regulations shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978( ) (which relates to the effect of repeals).
Paul Channon
Secretary of State for Transport
3rd July 1989
Peter Walker
Secretary of State for Wales
4th July 1989


text:
Title and commencement
1
These Regulations may be cited as the Cereals Co-responsibility Levy (Amendment) (No. 2) Regulations 1989 and shall come into force on 30th October 1989.
Amendment of the Cereals Co-responsibility Levy Regulations 1988
2
The Cereals Co-responsibility Levy Regulations 1988 are hereby further amended in accordance with the following provisions of these Regulations.
3
In regulation 2(1) (interpretation) for the definition of “the Commission Regulation” there shall be substituted the following definition — ““the Commission Regulation” means Commission Regulation ( EEC ) No. 1432/88 laying down detailed rules for applying the co-responsibility levy in the cereals sector , as amended by Commission Regulation (EEC) No. 2324/88 , Commission Regulation (EEC) No. 3858/88 and Commission Regulation (EEC) No. 2712/89 ;”.
4
For regulation 10 (recovery of cereals co-responsibility levy) there shall be substituted the following regulation —
10
1
Interest payable in accordance with Article 4(4) of the Commission Regulation in respect of any delay in a payment of cereals co-responsibility levy shall be calculated at the rate of one percentage point above the sterling three month London interbank offered rate on —
a
the day on which that payment became due; or
b
where that day falls on a weekend or a public holiday, the next working day.
2
Cereals co-responsibility levy and any interest thereon due from any person shall be recoverable by the Board as a civil debt.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th October 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
5th October 1989


text:
1
1
This Order may be cited as the Firemen’s Pension Scheme (Amendment) Order 1989.
2
This Order shall come into force on 15th June 1989 and shall have effect as from 16th March 1988.
2
1
The Firemen’s Pension Scheme 1973, set out in Appendix 2 to the Firemen’s Pension Scheme Order 1973 shall be amended in accordance with the following provisions of this article.
2
In Part I of Schedule 3–
a
in paragraph 1(2), for “12.5%” there shall be substituted “18.75%”, and
b
in paragraph 1(3), for “4 or more” there shall be substituted “3 or more”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
20th April 1989
We approve,
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Croxteth Hall and Park) Order 1989 and shall come into force on 31st March 1989.
2
In this Order–
“Liverpool” means Liverpool City Council;
“the Residuary Body” means the Merseyside Residuary Body;
“the transfer date” means 1st April 1989.
Transfer of Croxteth Hall and Park
2
1
On the transfer date all interests of the Residuary Body in, and all rights and liabilities of that Body acquired or incurred in connection with, Croxteth Hall and Park shall vest in Liverpool.
2
All records held by the Residuary Body which relate exclusively to Croxteth Hall and Park shall be transferred to Liverpool.
Transfer of monies
3
1
Immediately before the transfer date, the Residuary Body shall set aside from their revenue balances the sum of £3 millions.
2
On the transfer date the Residuary Body shall pay that sum to Liverpool; and Liverpool shall credit it to the fund established by them in pursuance of a Declaration of Trust dated 16th December 1988 and known as the Croxteth Hall and Country Park Trust Fund.
Continuity
4
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in connection with any interests, rights or liabilities which by virtue of this Order become interests, rights and liabilities of Liverpool shall, so far as is required for continuing its effect after the transfer date, have effect as if done by or in relation to Liverpool.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Revocation
5
The Local Government Reorganisation (Croxteth Hall and Park) Order 1986 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
17th February 1989


text:
1
1
This Order may be cited as the Criminal Justice Act 1987 (Guernsey) Order 1989 and shall come into force on 18th May 1989.
2
Without prejudice to its earlier revocation and subject to article 3 below this Order shall cease to have effect on the expiration of two years beginning with the date of its coming into force.
2
Section 2 of the Criminal Justice Act 1987 shall extend to the Bailiwick of Guernsey subject to the modifications specified in the Schedule to this Order.
3
In any case in which a request under section 2(1) of the Criminal Justice Act 1987, as modified in its extension to the Bailiwick of Guernsey by paragraph 2 of the Schedule to this Order, is made before the date on which this Order ceases to have effect by virtue of article 1(2) above, the powers of the Attorney General shall continue to be exercisable under that section as so modified as if this Order had not ceased to have effect.
G. I. de Deney
Clerk of the Privy Council


text:
1
The length of trunk road described in the Schedule to this order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Cumbria that the new trunk road is open for through traffic.
2
In this order:
1
the measurement of distance is measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA1O/1 CNW 256 marked “The Levens Bridge to Carlisle Trunk Road (A595 Egremont Bypass) (Detrunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road” means the (A595) Levens Bridge to Carlisle Trunk Road;
iii
“the new trunk road” means the new trunk road to be constructed by the Secretary of State in pursuance of the Levens Bridge to Carlisle Trunk Road (A595 Egremont Bypass) Order 1989.
iv
“classified road” as a classification for a highway means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads.
3
This Order shall come into force on 25th August 1989 and may be cited as the Levens Bridge to Carlisle Trunk Road (A595 Egremont Bypass) (Detrunking) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
26th July 1989


text:
1
This Order may be cited as the Unitary Development Plans (West Yorkshire) (Appointed Day) Order 1989 and shall come into force on 25th September 1989.
2
25th September 1989 is appointed as the day on which Part 1 of Schedule 1 to the Local Government Act 1985 shall come into force in the areas of the local planning authorities listed in the Schedule hereto.
Nicholas Ridley
Secretary of State for the Environment
27th June 1989


text:
Citation and commencement
1
This Order may be cited as the Standing Civilian Courts (Amendment) Order 1989 and shall come into force on 1st January 1990.
Interpretation
2
In this Order “the Principal Order ” means the Standing Civilian Courts Order 1977 .
Amendment
3
1
The Principal Order shall be amended as follows:
2
In Article 4 after paragraph (2) there shall be inserted the following:–
3
When an interview with an accused by the service police has been recorded on tape he may, before trial, apply by written notice to the directing officer for a transcript of such tape recorded interview or any part thereof. In such cases the directing officer shall, if he is of the opinion that the interests of justice so require, direct that such a transcript, or such parts thereof as he considers necessary, be supplied to the accused as soon as practicable and in any case not less than twenty four hours before the trial.
.
3
After article 37 there shall be inserted the following:–
Application by an accused at trial for transcript of service police interview
37A
Whether or not an application has previously been made to the directing officer under paragraph (3) of Article 4 above, the accused may at any time during the trial apply to the court for a transcript of any tape recording made by the service police of an interview with him. If the accused makes such an application, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address. If the court are of the opinion that the interests of justice so require they may direct that such a transcript or such parts thereof as they consider necessary shall be supplied to the accused.
.
Tom King
Secretary of State for Defence
Dated this 17th day of November 1989


text:
Citation and extent
1
1
This Order may be cited as the Disabled Persons (Services, Consultation and Representation) Act 1986 (Commencement No. 5) Order 1989.
2
This Order shall not apply to Scotland. Day specified for the coming into force of section 11 of the Act 2. Section 11 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (Reports to Parliament) shall come into force on 18th December 1989.
Signed by authority of the Secretary of State for Health.
Roger Freeman
Parliamentary Under-Secretary of State,
Department of Health
14th December 1989


text:
PART I
GENERAL
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Fees Relating to Medicinal Products for Human Use) Regulations 1989 and shall come into force on 1st April 1989.
2
Subject to paragraphs (3) and (4) below, these Regulations apply only to fees payable –
a
in connection with applications for the grant, variation or renewal of licences or certificates under Part II of the Medicines Act 1968 relating wholly or partly to medicinal products for human use; or
b
in respect of inspections made in connection with applications for the grant, renewal or variation of, or during the currency of any such licence or certificate.
3
No fee shall be payable under these Regulations in connection with any application for the grant, variation or renewal of a licence or certificate under Part II of the Medicines Act 1968 by an authority constituted under the National Health Service Act 1977 , the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972 or in respect of any inspection made in connection with such an application or during the currency of a licence or certificate held by such an authority.
4
No fee shall be payable under these Regulations in connection with any application for the grant, variation or renewal of a licence or certificate under Part II of the Medicines Act 1968 where that application is made at the specific written invitation of the licensing authority.
Interpretation
2
1
Except as provided in paragraph (2) below, expressions used in these Regulations have the same meaning as in the Medicines Act 1968.
2
In these Regulations, “medicinal product” includes any substance or article specified in any order made under section 104 or 105(1)(a) of the Medicines Act 1968 which directs that Part II of that Act shall have effect in relation to such substance or article.
PART II
FEES FOR APPLICATIONS FOR LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Applications for Licences
3
Subject to regulations 16 and 20 of these Regulations, in connection with an application for a product licence, a manufacturer’s licence or a wholesale dealer’s licence there shall be payable by the applicant –
a
the fee prescribed in Part II of Schedule 1 to these Regulations in connection with that application; and
b
in respect of any inspection of a description falling within paragraph 1 of Schedule 2 to these Regulations made in connection with that application the fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Applications for Clinical Trial Certificates
4
Subject to regulation 20 of these Regulations, in connection with an application for a clinical trial certificate, there shall be payable by the applicant a fee of £8,000.
Applications for certificates for exports of medicinal products
5
1
In connection with an application for a certificate issued under section 50 of the Medicines Act 1968, there shall be payable by the applicant —
a
if the applicant requests that the certificate be issued within 24 hours of receipt of the application, a fee of £100;
b
in any other case, a fee of £50; and
c
in either case —
i
a fee of £10 for each certified copy of the original certificate requested by the applicant in excess of four, and
ii
a fee of £50 for each set of certificates requested by the applicant in addition to one.
2
In paragraph (1)(c)(ii) above, “set of certificates” means the original certificate plus up to four certified copies of that certificate.
PART III
FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES OR CERTIFICATES
Variations of Licences
6
Subject to regulations 9, 16 and 20 of these Regulations, in connection with an application under section 30 of the Medicines Act 1968 for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, there shall be payable by the applicant –
a
the fee prescribed in Part III of Schedule 1 of these Regulations; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 to these Regulations made in connection with that application, the fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Variations of Clinical Trial Certificates
7
Subject to regulations 8, 9 and 20 of these Regulations, in connection with an application under section 39(4) of the Medicines Act 1968 for variation of a provision of a clinical trial certificate, there shall be payable by the applicant a fee of £175.
Change of Name or Address in Clinical Trial Certificates
8
Where an application is made for a variation to a provision of the clinical trial certificate and the variation applied for consists of no more than a change of either or both the name and address of the holder of the certificate, there shall be payable by the applicant a fee of £50.
Applications for Multiple Variations
9
A separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same licence or certificate which is applied for in the same application.
PART IV
FEES FOR APPLICATIONS FOR RENEWALS OF LICENCES OR CERTIFICATES
Renewal of Licences
10
Subject to regulations 12, 16 and 20 of these Regulations, in connection with an application under section 24(2) of the Medicines Act 1968 for renewal of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, there shall be payable by the applicant —
a
the appropriate fee prescribed in Part IV of Schedule 1 to these Regulations; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 to these Regulations made in connection with that application a fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Renewal of Certificates
11
Subject to regulations 12 and 20 of these Regulations, in connection with an application under section 38(2) of the Medicines Act 1968 for renewal of a clinical trial certificate there shall be payable by the applicant a fee of £2,000.
Renewals in terms which are not identical to the existing licence or certificate
12
Where an applicant applies for renewal of a licence, or as the case may be, a clinical trial certificate so as to contain provisions which are not identical to that licence or certificate as in force at the date of that application, the fee payable under this Part of these Regulations shall be increased by an amount equal to the fee which would have been payable under Part III of these Regulations had he made a separate application for each variation of that licence or certificate.
PART V
FEES FOR INSPECTIONS MADE DURING THE CURRENCY OF A LICENCE
13
1
Subject to paragraph (4) below and to regulations 16 and 20 of these Regulations, a fee in accordance with paragraphs 2 to 5 of Schedule 2 to these Regulations shall be payable in respect of any inspection of a site made during the currency of a product licence, a manufacturer’s licence or a wholesale dealer’s licence (except for any inspection in respect of which a fee is otherwise payable under Parts III or IV of these Regulations).
2
The fee payable under paragraph (1) above in respect of an inspection of a site made during the currency of a manufacturer’s licence or a wholesale dealer’s licence shall be payable by the holder of the manufacturer’s or, as the case may be, the wholesale dealer’s licence.
3
Where a fee is payable under paragraph (1) above in respect of an inspection of a site located outside the United Kingdom, the fee shall be payable in equal proportions by each holder of a product licence in which that site is named as a possible site for manufacture of the medicinal product in respect of which the product licence is granted.
4
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned which were required in writing by the licensing authority as the result of that previous inspection have been implemented.
PART VI
ADMINISTRATION
Payment of fees to Ministers
14
Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Ministers specified in section 1(1)(a) of the Medicines Act 1968.
Time for payment of fees in connection with applications or inspections and refunds of such fees
15
1
Subject to paragraphs (2) and (3) below, all sums payable by way of fees under these Regulations in connection with any application shall be payable at the time of the application.
2
If, following either the determination of an application or an inspection, it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant or, as the case may be, the holder of the licence or certificate concerned; or
b
a higher fee was properly payable, the balance due shall be payable within 14 days following written notice from the licensing authority to the applicant or, as the case may be, the holder of the licence or certificate concerned.
3
All sums payable by way of fees in respect of inspections made either in connection with an application or during the currency of a licence or certificate shall become payable within 14 days following written notice from the licensing authority.
Waiver, Reduction or Refund of Fees
16
The licensing authority shall waive payment of, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in any of the circumstances specified in Schedule 3 to these Regulations.
Suspension of Licences
17
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the licensing authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until such sum has been paid.
Civil proceedings to recover unpaid fees
18
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
PART VII
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and Savings
19
1
Subject to paragraph (2) below, the Regulations specified in Schedule 4 to these Regulations are hereby revoked in so far as they apply in relation wholly or partly to medicinal products for human use.
2
Paragraph (1) above shall not affect any notice given or any suspension made under the Regulations referred to in Schedule 4 to these Regulations and any such notice or suspension shall have effect as if given or made under these Regulations.
Transitional provisions
20
1
Subject to paragraphs (2) to (4) below, these Regulations shall not apply to any application made before 1st April 1989.
2
A fee shall be payable in respect of any inspection made on or after 1st April 1989 in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application is made before 1st April 1989 to renew a licence or a certificate which is due to expire on or after 1st October 1989, a fee shall be payable in accordance with Part IV of these Regulations in connection with that application within 14 days following written notice from the licensing authority.
4
In the case of an article or substance to which Part II of the Medicines Act 1968 applies by virtue of the Medicines (Surgical Materials) Order 1971 , the fee payable under these Regulations in respect of an application for a product licence made on or before 31st March 1990 at the specific written invitation of the licensing authority shall be £250.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
9th March 1989
Peter Walker
Secretary of State for Wales
8th March 1989
Malcolm Rifkind
Secretary of State for Scotland
8th March 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 9th March 1989.
F.A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 9th March 1989.
W.J. Hodges
Permanent Secretary
We consent,
Stephen Dorrell
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1989


text:
Citation and commencement
1
1
This Act of Adjournal may be cited as the Act of Adjournal (Consolidation Amendment) (Reference to European Court) 1989, and shall come into force on 2nd February 1989.
2
This Act of Adjournal shall be inserted in the Books of Adjournal.
Reference to European Court in appeals
2
In the Act of Adjournal (Consolidation) 1988( ), after rule 64, insert the following heading and rule: —
Proceedings on appeal, etc.
64A
1
If a question is raised in the High Court in any proceedings on appeal or on a petition for the exercise of the Court’s nobile officium the Court shall proceed to make a reference.
2
In this rule references to proceedings on appeal are references to proceedings on appeal under the 1975 Act and an appeal by bill of advocation.
.
Emslie Lord
Justice General, IPD Edinburgh
12th January 1989


text:
1
These Regulations may be cited as the Education (Prescribed Public Examinations) Regulations 1989 and shall come into force on 1st April 1989.
2
The public examinations for the qualifications specified in the Schedule to these Regulations are hereby prescribed for the purposes of sections 106(4), (5), (6) and (7) and 117 of the Education Reform Act 1988.


text:
1
These Regulations may be cited as the Education (School Curriculum and Related Information) (Amendment) Regulations 1989, and shall come into force on 31st July 1989.
2
For sub-paragraph (a) of regulation 1(1) of the Education (School Curriculum and Related Information) Regulations 1989 there shall be substituted the following sub-paragraphs–
a
except for regulation 3, regulations 8 and 10 insofar as they apply to pupils with statements of special educational needs, and regulations 11 and 12, on 1st August 1989;
aa
as regards regulation 3, on 1st January 1990;
.
Kenneth Baker
Secretary of State for Education and Science
5th July 1989


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Government (Direct Labour Organisations) (Specified Number of Employed Persons) Order 1989 and shall come into force on 1st October 1989.
2
This Order extends to England and Wales.
Specified number of employed persons
2
Fifteen is hereby specified as the number of persons for the purposes of sections 11(1) and 21(1) of the Local Government, Planning and Land Act 1980.
Michael Howard
Minister of State,
Department of the Environment
1st September 1989
Peter Walker
Secretary of State for Wales
2nd September 1989


text:
Citation, commencement and extent
1
These Regulations may be cited as the Education (School Hours and Policies) (Information) Regulations 1989 and shall come into force on 1st April 1989.
Interpretation
2
1
In these Regulations –
“ the Act ” means the Education Reform Act 1988;
“the 1981 Regulations ” means the Education (School Information) Regulations 1981 ;
“education authority” means a local education authority;
“relevant education authority”, in relation to a school, means the education authority by whom the school is maintained;
“maintained school” has the meaning assigned to it by section 25(1) of the Act;
“school prospectus” means a document of the kind referred to in paragraph (3) of Regulation 6 of the 1981 Regulations or (as the case may be) a document of a like nature which the governing body of a grant-maintained school are required by the school’s articles of government to publish;
“governors' report” means a report of the kind referred to in section 30 of the Education (No.2) Act 1986 or section 58(5)(j) of the Act (as the case may be).
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Information to be made available by head teachers
3
1
The head teacher of every maintained school shall make available to parents of pupils at the school and other persons the information specified in paragraph (2) in the manner specified in paragraph (3).
2
The information referred to in paragraph (1) is information consisting of –
a
the times at which each school session begins and ends on a school day, and
b
particulars of the charging and remissions policies determined by the governing body of the school under section 110 of the Act.
3
Copies of the information shall be provided at the school for inspection by parents and other persons at all reasonable times on a school day and for distribution without charge to parents on request.
Information to be made available by education authorities
4
1
Every education authority shall make available information consisting of particulars of the charging and remissions policies determined by the authority under section 110 of the Act to the persons and in the manner specified in paragraph (2).
2
Copies of the particulars shall be made available –
a
for distribution without charge to parents on request, and for reference by parents and other persons –
i
at the offices of the relevant education authority, and
ii
at every school maintained by the relevant education authority, and
b
for reference by parents and other persons at the public libraries in the area of that authority.
Changes in information to which Regulation 3(2)(b) applies
5
1
This Regulation applies to any significant change to the information to which Regulations 3(2)(b) applies which takes place after publication of the school prospectus in any school year but before completion of the preparation of the governors' report in that year.
2
The governing body shall make available particulars of any such change at the same time, in the same manner, and to the same extent that they are required by the articles of government for the school to make copies of the governors' report available.
Amendment of the 1981 Regulations
6
1
The following paragraph shall be substituted for paragraph (3) of Regulation 6 of the 1981 Regulations –
3
In the case of any school –
a
such information shall be published in a single document to be known as the school prospectus; and
b
copies shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
2
After paragraph 13 of Schedule 1 to the 1981 Regulations there shall be added the following paragraph –
13A
The arrangements for parents and other persons to obtain copies of and to refer to particulars of the charging and remissions policies determined by the authority under section 110 of the Education Reform Act 1988
.
3
After paragraph 13 of Schedule 2 to the 1981 Regulations there shall be added the following paragraph –
13A
1
The times at which each school session begins and ends on a school day.
2
A summary of the charging and remissions policies determined by the governing body of the school under section 110 of the Education Reform Act 1988.
Kenneth Baker
Secretary of State for Education and Science
3rd March 1989
Wyn Roberts
Minister of State, Welsh Office
8th March 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Yorkshire Water Authority (East Ness Boreholes) Order 1989 and shall come into force on the 11th May 1989.
2
This Order shall be included among the enactments which may be cited together as the Yorkshire Water Authority Acts and Orders 1974 to 1989.
3
In this Order–
“the Authority” means the Yorkshire Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Yorkshire Water Authority (East Ness Boreholes) Order 1989”, one duplicate of which is deposited and available for inspection at the principal office of the Authority and the other at the offices of the Secretary of State for the Environment;
“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 construct, continue and maintain works
2
1
The Authority may, on or under the land described in Schedule 1 to this Order construct, continue and maintain the following works–
a
five boreholes in the locations marked on the deposited plan;
b
(in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such pumping stations, wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of those boreholes.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
3
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
10th May 1989


text:
1
This Order may be cited as the Water Reorganisation (Holding Companies of Successor Companies) Order 1989 and shall come into force on 19th August 1989.
2
The company (being a company wholly owned by the Crown) mentioned in the Schedule hereto in relation to a successor company which is so mentioned is hereby nominated as the holding company of that successor company.
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
15th August 1989
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State,
Department of the Environment
14th August 1989
We consent,
David Lightbown
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th August 1989