text:
Citation, interpretation and application
1
1
These Regulations may be cited as the Merchant Shipping (Loading and Stability Assessment of Ro/Ro Passenger Ships) Regulations 1989 and shall come into force on 20th February 1989, except for regulation 8 which shall come into force on 1st May 1989.
2
In these Regulations the following expressions have the following meanings respectively:–
“approved” means approved by the Secretary of State;
“deadweight” has the same meaning as in the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 ;
“deadweight moment” means the total vertical moment about the moulded baseline amidships of all the component weights of the total deadweight;
“Merchant Shipping Notice” means a Notice described as such and issued by the Department of Transport; and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“passenger ship” means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power;
“ro/ro passenger ship” means a passenger ship provided with cargo or vehicle spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which vehicles or cargo can be loaded or unloaded normally in a horizontal direction;
“stability information booklet” means the booklet required to be provided in compliance with regulation 9(3) of the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or regulation 9(3) of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984, as applicable;
“United Kingdom ro/ro passenger ship” means a ro/ro passenger ship which is a United Kingdom ship;
“voyage” includes an excursion.
3
Where a ship is managed by a person other than its owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
4
A reference to ships of a particular class is a reference to ships of that Class as defined in the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984.
5
These Regulations apply to United Kingdom ro/ro passenger ships of Classes I, II , II(A) and IV , including every ship in respect of which there is in force a Passenger and Safety Certificate or Passenger Certificate appropriate to a ship of any of those classes even when it is for the time being engaged on voyages for which a Class III , V, VI or VI(A) Passenger Certificate is appropriate.
6
A reference in these Regulations to a numbered regulation is a reference to the regulation of that number in these Regulations.
7
Any approval given pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
Information on stability during loading
2
1
The owner of every ship shall ensure that the master is provided with information relating to its stability during the process of loading and unloading. This information shall be included in the ship’s stability information booklet.
2
Where any alterations are made or changes occur to the ship so as materially to affect the information supplied to the master in accordance with paragraph (1) of this regulation, amended information shall be provided.
3
The information provided pursuant to paragraphs (1) and (2) of this regulation shall be kept on board the ship at all times in the custody of the master.
Stability and freeboard during loading and unloading
3
The master shall use the information provided in accordance with regulation 2 and, when necessary, make calculations or cause calculations to be made in order to ensure that the process of loading and unloading is carried out safely; in particular, he shall ensure that:–
a
the ship has adequate stability; and
b
the freeboard at any door giving access to the hull or to an enclosed superstructure is sufficient to prevent the entry of water.
Recording of draught, trim and freeboard prior to departure
4
1
On completion of the loading of the ship and before it proceeds on a voyage, the master or an officer appointed for the purpose by the master shall ascertain:–
a
the ship’s draught at the bow and at the stern;
b
the trim of the ship by the bow or the stern; and
c
the vertical distance from the waterline to the appropriate subdivision load line mark on each side of the ship.
2
The draughts, trim and the vertical distances ascertained in accordance with paragraph (1) of this regulation shall be recorded in the offical log book.
Calculation of stability prior to departure
5
1
On completion of the loading of a ship of Class I, II or II(A) and before the ship proceeds on a voyage the master shall cause the vertical position of the ship’s centre of gravity relative to its keel ( KG ), or its transverse metacentric height ( GM ), or the deadweight moment, whichever is appropriate for the ship, to be calculated.
2
In the case of ships of Class II or II(A) the actual weights of goods vehicles and other items of cargo required to be provided in accordance with the Merchant Shipping (Weighing of Goods Vehicles and other Cargo) Regulations 1988 shall be used for the calculation. For items not required to be so weighed, the declared weights or weights estimated as accurately as possible shall be used.
3
The calculation required by paragraph (1) of this regulation shall be made using an on board loading and stability computer, or an approved shore-based loading and stability computer system, or by such other means as will enable accurate results to be obtained. The method by which the calculation is made shall be in accordance with Merchant Shipping Notice No. M1366.
4
The master shall record the result of the calculation in the official log book.
5
Where the calculation is made by means of a shore-based loading and stability computer system, a print-out of the calculation shall be presented to the master before the ship proceeds on its voyage.
6
A full record of the calculation referred to in paragraph (1) of this regulation, or a copy thereof, shall be retained on the ship for at least one calendar month after the calculation is made and shall be made available for inspection at any time during that period. In the case of a ship of Class II or II(A) a copy of the record, or the record itself, shall be forwarded as soon as is practicable to the person designated by the owner under regulation 6 of the Merchant Shipping (Operations Book) Regulations 1988 and retained by him for a period of at least one calendar month.
Permissible standard of stability to be recorded
6
Before a ship of Class I, II or II(A), or a ship of Class IV to which regulation 11 applies, proceeds on a voyage the master shall cause the maximum permissible height of the ship’s KG, or the minimum permissible GM, or the maximum permissible deadweight moment, whichever is appropriate to the ship, to be determined and recorded in the official log book.
Condition of loading prior to departure to be satisfactory
7
Before a ship of Class I, II or II(A), or a ship of Class IV to which regulation 11 applies, proceeds on a voyage the master shall ensure that the condition of loading of the ship as recorded in accordance with regulations 4(2) and 5(4) is within the permissible standard of stability determined in accordance with regulation 6 and satisfies all the relevant requirements prescribed in the stability information booklet.
Draught marks and automatic draught gauge system
8
1
Every ship of Class I or II shall be provided with a reliable automatic draught gauge system, complying with the requirements of Merchant Shipping Notice No. M1366.
2
a
Every ship of Class II(A) engaged on services which afford only short periods in port or where insufficient lighting is available during periods of darkness, or which include the use of berths exposed to adverse weather, shall be provided with a reliable automatic draught gauge system as prescribed in paragraph (1) of this regulation.
b
Every other ship of Class II(A) shall be provided with such an automatic draught gauge system, except where the draught marks are located where they can be easily read.
Approval of loading conditions for Class IV ships
9
1
Where a ship of Class IV plies regularly to and from the same places, in conditions of loading which correspond closely to conditions of loading which are clearly specified in the stability information booklet, the owner may apply to the Secretary of State for approval of the adoption of the conditions so specified for the purposes of loading in accordance with this regulation.
2
The Secretary of State may, subject to such conditions as he thinks fit, approve the conditions of loading so specified for the purposes of this regulation if he is satisfied that each such specified condition of loading allows a sufficient margin of stability beyond the minimum required for safety purposes, to allow for small variations which might occur between a specified condition of loading and the actual loading of the ship.
Loading of Class IV ships in accordance with approved conditions
10
1
The master of a ship of Class IV in respect of which the Secretary of State has approved conditions of loading in accordance with regulation 9 shall, before the ship proceeds on a voyage:–
a
ensure that the actual condition of loading of the ship corresponds closely to one of the specified conditions of loading so approved; and
b
record in the official log book the specified condition of loading so approved to which the actual condition of loading corresponds.
2
A copy of the information required by paragraph (1)(b) of this regulation shall be forwarded, as soon as is practicable, to a person nominated by the owner as being responsible and retained in his custody for a period of at least one calendar month.
3
As an alternative to complying with paragraph (1) of this regulation the master of such a ship may comply with the requirements of regulation 11.
Class IV ships which are not loaded in accordance with approved loading conditions
11
Where ships of Class IV are not loaded in a manner corresponding to specified conditions of loading which have been approved in accordance with regulation 9, the requirements of regulations 5, 6 and 7 shall apply as they apply in the case of ships of Classes I, II and II(A), except that a copy of the record of the stability calculation shall be retained ashore, by a person nominated by the owner as being responsible, for a period of not less than one calendar month.
Penalties
12
1
Any contravention of regulation 2(1), 2(2), or 8 shall be an offence on the part of the owner, any failure to provide correct computer calculations in accordance with regulation 5(3) and (6) shall be an offence on the part of the person or persons which has or have been contracted to perform these calculations, and any contravention of regulations 3, 4, 5(1), (2), (3) and (4), 6, 7, 10(1) or 11 shall be an offence on the part of the master. Any such offence shall be punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by imprisonment for a term not exceeding two years, or a fine or both.
2
Where an approved shore-based computer system is used in accordance with regulations 3, 5(1) and (5) it shall be an offence by the person responsible for that system to fail to provide calculations required by the master, or to provide calculations which are not substantially correct. Any such offence shall be punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
3
If any officer appointed in accordance with regulation 4(1) fails to ascertain the information required by that regulation, or does not use due care in ascertaining that information, he shall be guilty of an offence. Any such offence shall be punishable on summary conviction by a fine of £400 or on conviction on indictment by a fine.
4
If the master or any person designated by the owner as being responsible in accordance with the Regulations referred to in regulation 5(6) fails to carry out the requirements of that regulation he shall be guilty of an offence. Any such offence shall be punishable on summary conviction by a fine of £400 or on conviction on indictment by a fine.
Defence
13
It shall be a defence for a person charged with committing an offence under these Regulations to show that he took all reasonable steps to avoid committing the offence.
Detention
14
In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words“this Act” wherever they appear, there shall be substituted“the Merchant Shipping (Loading and Stability Assessment of Ro/Ro Passenger Ships) Regulations 1989”.
Exemption
15
The Secretary of State may exempt individual ships from the provisions of any of these Regulations, subject to such conditions as he may specify and may, subject to giving reasonable notice, alter or cancel any exemption so granted.
Paul Channon
Secretary of State for Transport
25th January 1989


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
1
This Order may be cited as the Cumbria, Northumberland and North Yorkshire (County Boundaries) Order 1989.
2
This Order shall come into force on 12th December 1989 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1990.
Interpretation
2
In this order “boundary map” means one of the 2 maps prepared by the Department of the Environment, marked “Maps of the Cumbria, Northumberland and North Yorkshire (County Boundaries) Order 1989”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfer from Cumbria to Northumberland
3
The part of the county of Cumbria, the City of Carlisle and the parish of Midgeholme marked A3 on boundary map 1 shall be transferred to–
a
the county of Northumberland and the Plenmeller electoral division of that county;
b
the district of Tynedale and the West Tynedale ward of that district;
c
the parish of Hartleyburn;
d
the petty sessional division of Tynedale;
e
the South Northumberland Coroner’s district.
Transfer from Cumbria to North Yorkshire
4
The part of the county of Cumbria, the district of Eden and the parish of Kaber marked A4 on boundary map 2 shall be transferred to–
a
the county of North Yorkshire and the Upper Dales electoral division of that county;
b
the district of Richmondshire and the Grinton and Upper Swaledale ward of that district;
c
the parish of Muker;
d
the petty sessional division of Richmond and Gilling West;
e
the Western Coroner’s district of North Yorkshire.
Transfers from Northumberland to Cumbria
5
The parts of the county of Northumberland, the district of Tynedale and the parish of Hartleyburn marked A1 and A2 on boundary map 1 shall be transferred to–
a
the county of Cumbria and the Brampton and Gilsland electoral division of that county;
b
the city of Carlisle and the Irthing ward of that city;
c
the parish of Midgeholme;
d
the petty sessional division of Carlisle;
e
the North Eastern Cumbria Coroner’s district.
Town and Country Planning
6
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan made or adopted by a county or district council which apply immediately before 1st April 1990 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by authority of the Secretary of Statefor the Environment
David Heathcoat-Amory
Parliamentary Under Secretary of State,
Department of the Environment
10th November 1989


text:
PART I
GENERAL
Citation and Commencement
1
These Regulations may be cited as the Legal Advice and Assistance (Scope) Regulations 1989 and shall come into force on 1st April 1989.
Interpretation
2
In these Regulations, unless the context otherwise requires:–
“ ABWOR ” means assistance by way of representation;
“ the Act ” means the Legal Aid Act 1988;
“board of visitors” means a board of visitors appointed by the Secretary of State under section 6(2) of the Prison Act 1952 ;
“client” means a person seeking or receiving advice or assistance or on whose behalf advice or assistance is sought;
“conditional sale agreement” has the meaning assigned to it in section 189 of the Consumer Credit Act 1974 ;
“conveyancing services” has the meaning assigned to it in section 11 of the Administration of Justice Act 1985 ;
“mental disorder” has the meaning assigned to it in section 1 of the Mental Health Act 1983 ;
“rental purchase agreement” has the meaning assigned to it in section 88 of the Housing Act 1980 ;
“will” has the meaning assigned to it in section 1 of the Wills Act 1837 ;
PART II
EXCLUSIONS FROM PART III OF THE ACT
Conveyancing Services
3
1
Subject to paragraphs (2) and (3), advice and assistance consisting of conveyancing services are excluded from Part III of the Act.
2
Paragraph (1) does not exclude from Part III of the Act advice or assistance relating to a rental purchase agreement or a conditional sale agreement for the sale of land.
3
Paragraph (1) does not exclude from Part III of the Act advice or assistance consisting of such conveyancing services as are necessary in order to give effect to an order of the court or, in proceedings under the Matrimonial Causes Act 1973 or the Matrimonial and Family Proceedings Act 1984 , the terms of an agreement.
Wills
4
1
Except as provided by paragraph (2), advice and assistance in the making of wills are excluded from Part III of the Act.
2
Advice and assistance in the making of a will are not excluded by paragraph (1) from Part III of the Act where they are given to a client who is–
a
aged 70 or over; or
b
blind (or partially sighted), deaf (or hard of hearing), or dumb, or who suffers from mental disorder of any description, or who is substantially and permanently handicapped by illness, injury or congenital deformity; or
c
a parent or guardian within the meaning of section 87 of the Child Care Act 1980 of a person to whom any description in (b) applies, where the client wishes to provide in the will for that person; or
d
the mother or father of a minor who is living with the client, where the client is not living with the minor’s other parent, and the client wishes to appoint a guardian for that minor under section 4 of the Guardianship of Minors Act 1971 .
Transition
5
Where advice or assistance has been given before these Regulations come into force, nothing in this Part shall affect further advice or assistance given in relation to the same matter.
PART III
ABWOR
Application of Part III of the Act to ABWOR
6
Part III of the Act does not apply to ABWOR except as provided in this Part.
Proceedings in Magistrates' Courts
7
1
Part III of the Act applies to ABWOR given–
a
to a client for the purposes of the prodeedings in magistrates' courts specified in the Schedule;
b
at a hearing in any proceedings in a magistrates' court to a party who is not receiving and has not been refused representation in connection with those proceedings, where the court–
i
is satisifed that the hearing should proceed on the same day;
ii
is satisfied that that party would not otherwise be represented; and
iii
requests a solicitor who is within the precincts of the court for purposes other than the provision of ABWOR in accordance with this sub-paragraph, or approves a proposal from such a solicitor, that he provide that party with ABWOR; or
c
to a person in connection with an application for a warrant of further detention, or for an extension of such a warrant, made in respect of that person to a magistrates' court under section 43 or 44 of the Police and Criminal Evidence Act 1984 .
2
Subject to paragraph (3), Part III of the Act also applies, in criminal proceedings in magistrates' courts where the client has not previously received and is not otherwise receiving representation or ABWOR in connection with the same proceedings, to ABWOR given to a client–
a
in making an application for bail;
b
at an appearance in court where the client is in custody and wishes the case to be concluded at that appearance, unless the solicitor who is advising him considers that the case should be adjourned in the interests of justice or of the client;
c
who is before the court as a result of a failure to obey an order of the court, where such failure may lead to his being at risk of imprisonment;
d
who is not in custody and who in the opinion of the solicitor requires ABWOR.
3
Paragraph (2) does not apply to committal proceedings, to proceedings in which the client pleads not guilty, nor, unless the solicitor considers the circumstances to be exceptional, to proceedings in connection with a non-imprisonable offence.
4
Part III also applies to ABWOR given to a defendant in proceedings in a magistrates' court where the defendant is before the court as a result of a failure to pay a fine or other sum which he was ordered on conviction to pay, and such failure may lead to his being at risk of imprisonment.
Proceedings in county courts
8
Part III of the Act applies to ABWOR given by a solicitor at a hearing in any proceedings in a county court to a party who is not receiving and has not been refused representation in connection with those proceedings, where the court– iis satisfied that the hearing should proceed on the same day;iiis satisfied that that party would not otherwise be represented; andiiirequests a solicitor who is within the precincts of the court for purposes other than the provision of ABWOR in accordance with this regulation, or approves a proposal from such a solicitor, that he provide that party with ABWOR.
Other Proceedings
9
Part III of the Act applies to ABWOR given–
a
to a person in proceedings before a Mental Health Review Tribunal under the Mental Health Act 1983 whose case or whose application to the Tribunal is or is to be the subject of the proceedings;
b
to a prisoner in proceedings before a board of visitors who has been permitted by the board of visitors to be legally represented in those proceedings.
Mackay of Clashfern, C.
Dated 23rd March 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Portland Harbour Fishery Order 1989 and shall come into force on 10th January 1990.
2
In this Order —
“the Company” means Portland Oystermen Limited, whose registered office is at 7 Page Drive, Southwell, Dorset;
“the grantee” means the Company or such other person as is for the time being entitled to the right of several fishery conferred by this Order;
“the definitive map” means the map sealed in duplicate by the Minister and marked “Map referred to in the Portland Harbour Fishery Order 1989”, one copy of which is in the possession of the Company and the other copy of which is in the possession of the Minister;
“the fishery” means that part of Portland Harbour in the county of Dorset which lies below the line of mean low water springs and is shown coloured pink on the definitive map;
“the Minister” means the Minister of Agriculture, Fisheries and Food.
Right of several fishery
2
Subject to the following provisions of this Order, there is hereby conferred on the company for a period of 10 years beginning on 10th January 1990 the right of several fishery for oysters, scallops and mussels with respect to the fishery.
Marking of limits of fishery
3
The grantee shall mark the limits of the fishery in such manner as the Minister may from time to time direct and shall maintain such marks in position and in good repair.
Taking of samples for the purpose of disease control
4
The grantee shall permit any person authorised in that behalf by the Minister to do the following things for any purpose connected with preventing the spreading of disease —
a
at any reasonable time to obtain samples of any shellfish found within the fishery and, provided they have been marked, labelled or otherwise made capable of identification, to remove them from that area;
b
when the purpose for which any such sample was taken has been satisfied, to dispose of it as he may determine.
Control of deposits
5
The grantee shall not without the written consent of the Minister deposit or permit any other person to deposit within the limits of the fishery any oyster of the species Ostrea edulis and shall comply with any condition subject to which the Minister gives his consent to the deposit of any such oyster.
Accounts of income and expenditure and other information
6
The grantee shall render to the Minister annual accounts of its income and expenditure under this Order, and shall furnish to the Minister all other information required by him with reference to this Order and to the fishery in such form and at such times as he may require, and shall allow any person authorised by the Minister in that behalf to inspect the fishery and all books of account and other documents in the possession of the grantee relating to this Order and to the fishery and shall give to such person any information relating thereto as he may require.
Rights of the Crown
7
Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing herein contained shall authorise the grantee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channe, creek, bay or estuary or any land, hereditaments, subjects or rights of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.
Rights of various persons and bodies
8
Nothing in this Order shall affect prejudicially —
a
any right conferred on the operator of a telecommunications system by, or in accordance with, the telecommunication code contained in Schedule 2 to the Telecommunications Act 1984 ;
b
the powers of Southern Gas and the National Rivers Authority in respect of any operation carried out by them in the exercise of their statutory functions;
c
the powers of any person or body to carry out coast protection work within the meaning of section 49(1) of the Coast Protection Act 1949 in accordance with any approval or consent given under that Act.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
22nd September 1990


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1989 and shall come into force for the purposes of this article and articles 2 and 4 on 1st April 1989 and for all other purposes on 10th April 1989.
2
In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of article 2 of the principal Scheme
2
In paragraph (19) of article 2 of the principal Scheme (meaning of “public funds”) after the words “any public, general or local Act”, there shall be inserted the words “moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ”.
Amendment of Article 18 of the principal Scheme
3
In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,404” there shall be substituted the amount “£1,482”.
Amendment of article 28 of the principal Scheme
4
At the end of paragraph (1) of article 28 of the principal Scheme (Rent allowance for widows who have children) there shall be added the words “and to any community charge payable by her.”.
Substitution of Schedules 3 and 4 to the Principal Scheme
5
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule hereto and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1989
We approve,
Alan Howarth
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury.
9th March 1989


text:
Title and commencement
1
These Regulations may be cited as the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1989, and shall come into force on 1st July 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is to be construed as a reference to the regulation or Schedule which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of a Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, that Schedule.
2
In these Regulations references to the Taxes Act are references to the Income and Corporation Taxes Act 1988 and references to the 1988 Regulations are references to the Teachers' Superannuation (Consolidation) Regulations 1988 .
3
In these Regulations, unless the context otherwise requires–
“actuarial” means determined by, or in accordance with tables prepared by, the Government Actuary;
“approved scheme” means a retirement benefits scheme approved under Chapter 1 of Part XIV of the Taxes Act;
“basic contributor” is to be construed in accordance with regulation 7;
“cash equivalent” means a cash equivalent mentioned in paragraph 12(1) of Schedule 1A to the Social Security Pensions Act 1975 ;
“the Company” means The Prudential Assurance Company Limited;
“death benefit contributions” means contributions paid pursuant to an election under regulation 5(1);
“death benefit contributor” is to be construed in accordance with regulation 7;
“death benefit cover” is to be construed in accordance with regulation 5(1);
“dependant” is to be construed in accordance with regulation 11(4);
“dependant’s pension” includes a pension purchased pursuant to an election under regulation 5(3) or 6(2)(b) or (3);
“earnings” and “emoluments” mean–
in relation to pensionable employment, earnings and emoluments in respect of such employment, disregarding, in the case of a person who entered such employment after 31st May 1989 with no right to count any period before 1st June 1989 as reckonable service, any excess over £60,000 in any tax year, and
in relation to a period of contribution under regulation C8 of the 1988 Regulations, the notional salary by reference to which the contributions under that regulation were calculated;
“the family benefit provisions” means regulations E23 to E28 of the 1988 Regulations;
“free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act;
“the Index” means the index of retail prices published by the Department of Employment;
“lump sum contribution” means a contribution paid under regulation 4(3);
“participator” means a basic contributor or a person who has ceased to be a basic contributor but has not exercised any right to take a cash equivalent or to be paid a lump sum under regulation 14(1);
“pension element” is to be construed in accordance with regulation 5(3);
“pension investments” means investments made under regulations 9(2) and (4) and 10(2);
“pensionable employment” is to be construed in accordance with Part B of the 1988 Regulations;
“regular contributions” means contributions paid pursuant to an election under regulation 4(1);
“retire” means become entitled under regulation E4 of the 1988 Regulations to payment of retirement benefits, and cognate expressions are to be construed accordingly;
“retirement benefits scheme” has the meaning given in section 611 of the Taxes Act; and
“tax year” means the 12 months beginning with 6th April in any year.
Making and acceptance of elections
3
1
Any election under these Regulations–
a
is to be made by giving written notice to the Secretary of State,
b
is, subject to paragraphs (2) to (4), to be accepted by him, and
c
except in the case of a benefits election under regulation 11(5), has effect from the first day of the month following that in which it was accepted.
2
No election under these Regulations is to be accepted if any limit imposed by regulation 8(4) or 13 (limits on contributions and benefits) would be exceeded.
3
An election falling within regulation 16(2) (death benefit cover, continued death benefit cover and increased death benefit cover) is not to be accepted if–
a
any information required under regulation 16(2) is not given, or
b
the information given is such that the cover could not be secured by investment under regulation 9(6).
4
A benefits election under regulation 11(5) made after retirement may be accepted only if the Secretary of State is satisfied as mentioned in regulation 11(5).
Election to pay regular contributions and payment of lump sum contributions
4
1
A person in pensionable employment may at any time elect to pay regular contributions under these Regulations.
2
The notice of such an election is to specify–
a
the amount of each contribution, and
b
the way in which the contributions are to be invested under regulation 9.
3
Subject to regulation 8(4), a person in pensionable employment may at any time pay a lump sum contribution and notify the Secretary of State in writing of the way in which it is to be invested under regulation 9.
Elections in respect of death benefit cover
5
1
A person in pensionable employment may at any time elect to pay death benefit contributions to secure death benefit cover, that is to say the payment of a lump sum in the event of his dying while still paying those contributions.
2
The notice of an election under paragraph (1) is to specify the amount to be secured, which must not be less than £5,000.
3
A person making an election under paragraph (1) may at the same time, and a person paying death benefit contributions may at any time, elect that if the lump sum becomes payable the whole or a specified part of it (“the pension element”) is to be applied by the Secretary of State to the purchase from the Company of a pension or pensions for one or more dependants.
4
A person making an election under paragraph (3) is to notify the Secretary of State in writing, as soon as is reasonably practicable–
a
of the name of every person for whom a pension is to be provided,
b
if more than one pension is to be provided, of the proportion of the pension element that is to be applied to the purchase of each of them, and
c
in respect of every pension to be provided, whether the annual rate of the pension–
i
is to be fixed, or
ii
is to vary in accordance with the Index, or
iii
is to increase yearly by a specified percentage or, if lower than that percentage, by any increase in the Index for the year in question.
5
A person who has continued to pay death benefit contributions up to his 60th birthday but does not then retire may elect to pay further contributions to secure the continuance to his 61st birthday of the death benefit cover, including any pension element, in force immediately before his 60th birthday; and so long as he has not retired further elections may be made annually in respect of years commencing on his 61st and subsequent birthdays.
6
Any continued death benefits cover secured by an initial or further election under paragraph (5) lapses if the person retires during the year in question.
Variation and cancellation of elections
6
1
At any time, by giving written notice to the Secretary of State, a basic contributor–
a
may if he is paying regular contributions–
i
alter their amount,
ii
require them to be invested in future, under regulation 9, in a different way, or
iii
cancel his election under regulation 4(1), and
b
may in any case require the Secretary of State to realise any investment and to reinvest the proceeds, under regulation 9, in a different way.
2
A death benefit contributor may at any time elect–
a
that a specified larger lump sum is to be secured, or
b
if he has made an election under regulation 5(3), to cancel it or to alter in any specified way the manner in which the pension element is to be applied, or
c
to cancel his election under regulation 5(1).
3
A person paying further contributions under regulation 5(5) (continuance of death benefit cover after the age of 60) may at any time make any election that he could have made under regulation 5(3) or paragraph (2)(a) or (b) above if he had been paying death benefit contributions.
4
The Secretary of State is to give effect as soon as is reasonably practicable to the terms of any notice given under this regulation.
Basic and death benefit contributors
7
1
Subject to paragraphs (3) and (4), a person is a basic contributor–
a
while an election under regulation 4(1) (regular contributions) has effect, or
b
if he has paid one or more lump sum contributions.
2
Subject to paragraphs (3) and (4), a person is a death benefit contributor while an election under regulation 5(1) has effect.
3
Subject to paragraph (4), a person who–
a
has ceased to be in pensionable employment, and
b
is not paying contributions under regulation C8 of the 1988 Regulations (additional contributions for current period),
ceases to be either a basic contributor or a death benefit contributor.
4
A person who–
a
has ceased to be in pensionable employment, and
b
has re-entered pensionable employment within 3 months,
is to be treated as having continued to be in pensionable employment.
Payment and amount of contributions
8
1
Regular contributions are payable to the Secretary of State at intervals of one month.
2
Death benefit contributions and further contributions under regulation 5(5) (continuance of death benefit cover after the age of 60) are payable to the Secretary of State at the same times as regular contributions.
3
All contributions except lump sum contributions are to be deducted from the person’s salary by his employer, who must remit them to the Secretary of State within 7 days after the date on which they became payable.
4
The total of the contributions of all kinds paid in any tax year must not exceed the lesser of (A-B-C) and D, where–
A
is 15 per cent of the person’s emoluments for that year,
B
is the total of any contributions paid by him in the year to another approved scheme,
C
is the total of the contributions paid by him in the year under the 1988 Regulations, and
D
is the amount which would be likely to provide benefits of the largest amounts allowed by regulation 13.
Investment of contributions
9
1
In paragraphs (2) to (5) “invested” means invested with the Company in one or more of the following funds:
a
the Cash Accumulation Fund;
b
the Pensions Deposit Fund;
c
the Pensions Managed Fund;
d
the Pensions UK Equity Fund;
e
the Pensions International Fund;
f
the Pensions Fixed Interest Fund;
g
the Pensions Index Linked Fund.
2
Subject to paragraph (3), regular contributions are to be invested by the Secretary of State in accordance with any election for the time being having effect under regulation 4(1) or 6(a)(ii).
3
In investing a regular contribution no amount smaller than £20 may be invested in any one of the funds mentioned in paragraph (1)(c) to (g).
4
Subject to paragraph (5), any lump sum contribution paid is to be invested by the Secretary of State–
a
in accordance with any notification given by the person concerned, or
b
if no such notification was given, in the fund mentioned in paragraph (1)(a).
5
In investing a lump sum contribution–
a
no amount smaller than £50 may be invested in either of the funds mentioned in paragraph (1)(a) and (b), and
b
no amount smaller than £240 may be invested in any one of the funds mentioned in paragraph (1)(c) to (g).
6
Death benefit contributions and further contributions under regulation 5(5) are to be invested by the Secretary of State with the Company so as to secure death benefit cover of the amount required by any election for the time being having effect under regulation 5(1) or (5) or 6(2) or (3).
Inward transfers
10
1
The Secretary of State may accept a transfer value from the administrator of–
a
a free-standing additional voluntary contributions scheme, or
b
an approved scheme which provides additional benefits but does not fall within section 591(2)(h) of the Taxes Act,
in respect of a basic contributor.
2
A transfer value accepted by the Secretary of State is to be invested by him as if it had been a lump sum contribution and regulation 9(4) and (5) had accordingly applied.
Retirement and dependant’s pensions
11
1
The benefits that may be provided under this regulation are a retirement pension and one or more dependant’s pensions.
2
A retirement pension is a pension payable to the participator for life, commencing–
a
where a benefits election is made during the period specified in paragraph (5), or one made within 3 months after his retirement is accepted, on the date of his retirement, or
b
where an election made 3 months or more after his retirement is accepted, or the pension is purchased under paragraph (10), as soon as is reasonably practicable.
3
A dependant’s pension is a pension which would become payable to a dependant on the death of the participator after his retirement and–
a
in the case of an adult, would be payable for life, and
b
in the case of a child, would cease to be payable when he ceased to be a child for the purposes of the family benefit provisions.
4
The persons who are dependants are–
a
any surviving spouse of the participator,
b
any person who at the time of the participator’s death is a child of his for the purposes of the family benefit provisions, and
c
any person in respect of whom at the time of the death a nomination under regulation E22 of the 1988 Regulations (nomination to receive pension under the family benefit provisions) has effect.
5
During the month ending on the date of his retirement, a participator is to make a benefits election; but if the Secretary of State is satisfied that it was not reasonably practicable for an election to be made during that period he may accept one made after retirement.
6
The notice of a benefits election is to specify–
a
whether a retirement pension is to be provided,
b
for whom, if anyone, dependant’s pensions are to be provided,
c
if more than one pension is to be provided, the proportion of the amount obtained by realising the pension investments that is to be applied to the purchase of each of them,
d
in respect of every pension to be provided, whether the annual rate of the pension–
i
is to be fixed, or
ii
is to vary in accordance with the Index, or
iii
is to increase yearly by a specified percentage or, if lower than that percentage, by any increase in the Index for the year in question,
and from which of the pension providers it is to be purchased.
7
The pension providers are the companies listed in Schedule 1.
8
In the case of a retirement pension, the notice may also specify that if the participator dies within the period of 5 years beginning when the pension commences the balance that would have been payable during the remainder of that period if the pension had continued at the rate in force at the time of his death is to be paid as a lump sum.
9
Subject to paragraphs (10) and (11), the Secretary of State is to realise the pension investments and apply the amount obtained to the purchase from the specified pension provider or providers of the benefits specified in the notice of election.
10
Subject to paragraph (11), the Secretary of State–
a
if he does not accept a benefits election made after retirement, is to, and
b
if–
i
6 months after retirement no election has been made, and
ii
he is satisfied that there is no reasonable excuse for the delay,
may at any time,
apply the amount obtained to the purchase from one or more of the pension providers of such benefits as appear to him to be suitable having regard to regulation 13 (benefit limits) and to the participator’s family circumstances and his age and health.
11
If–
a
there are exceptional circumstances of serious ill-health, or
b
his aggregate pension benefits would be trivial,
the Secretary of State may realise the investments without purchasing any pension, and in that event the amount obtained becomes payable as a lump sum.
12
Aggregate pension benefits are trivial if the annual rate of the retirement pension that could be purchased, together with the annual equivalent of all pension benefits payable to the participator from other sources, would not exceed–
a
£104, or
b
if greater, any amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973 .
Lump sum death benefit
12
1
This regulation applies where a person who is paying death benefit contributions or further contributions under regulation 5(5) dies and the lump sum secured by those contributions is obtained by the Secretary of State from the Company.
2
If at the time of the death no election under regulation 5(3) or corresponding election under regulation 6(3) had effect, the lump sum becomes payable.
3
Subject to paragraphs (4) and (5), if at the time of the death such an election had effect–
a
the Secretary of State is to apply the pension element in accordance with any notification given under regulation 5(4), and
b
the balance of the lump sum becomes payable.
4
If at the time of the death any person named in a notification given under regulation 5(4) had died or ceased to be a dependant, the proportion of the pension element that was to have been applied to the purchase of a pension for him–
a
ceases to be part of the pension element, and
b
is to be added to the balance becoming payable under paragraph (3)(b).
5
If at the time of the death no notification had been given under regulation 5(4), the Secretary of State is to apply the pension element to the purchase of pensions for all dependants, proportionate to the long-term pensions payable to them under the family benefit provisions.
6
References in this regulation to a notification given under regulation 5(4) include references to such a notification as varied by an election under regulation 6(2)(b) or (3).
Benefit limits
13
1
Schedule 2 has effect for limiting the benefits that may be paid under these Regulations.
2
The maximum annual rate of a retirement pension or dependant’s pension ascertained from Schedule 2 is increased–
a
by 3 per cent for each complete year that has elapsed, or
b
if a greater increase results, in proportion to the increase in the Index that has occurred,
since the date on which the pension became payable.
Repayment in certain cases
14
1
If a person–
a
ceases to be a basic contributor before retiring, and
b
does not acquire a right to a cash equivalent, and
c
on making an application under regulation C13 of the 1988 Regulations is repaid the balance of his contributions under those Regulations,
the appropriate lump sum becomes payable.
2
If a participator dies before retirement the appropriate lump sum becomes payable.
3
The appropriate lump sum is the realisable value of the pension investments.
Payment by Secretary of State
15
1
Retirement pensions and dependant’s pensions are to be paid by the Secretary of State to the persons entitled to them.
2
Lump sums payable–
a
as mentioned in regulation 11(8), or
b
under regulation 12(2) or (3)(b) or 14(2),
are to be paid by the Secretary of State to the deceased’s widow or widower or, if there is no widow or widower, to the personal representatives.
3
Lump sums payable under regulation 11(11) or 14(1) are to be paid by the Secretary of State to the former basic contributor.
4
If by reason of regulation 13 a benefit is not payable in full, the Secretary of State is to pay to the person entitled to the benefit so much of the relevant amount as would–
a
in the case of a pension, if applied to its purchase, or
b
in the case of a lump sum, if paid as part of it,
have caused the benefit to exceed the limit.
5
The relevant amount is–
a
in the case of a pension payable under regulation 11, the proportion of the amount obtained under regulation 11(9) that is applicable to the purchase of the pension,
b
in the case of a lump sum payable under regulation 12(2), that sum, and
c
in the case of a pension payable under regulation 12(3)(a) or (5), the proportion of the pension element that is applicable to the purchase of the pension.
6
The amount of any tax chargeable, under section 598 of the Taxes Act or otherwise, on a payment under this regulation is to be deducted by the Secretary of State before payment.
Information
16
1
Persons making elections under these Regulations, and their employers, are to give the Secretary of State such information as he may reasonably require for the purposes of his functions under these Regulations.
2
A person making–
a
an election under regulation 5(1) or (5) (death benefit and continued death benefit cover), or
b
an election under regulation 6(2)(a) (increased death benefit cover), or
c
an election under regulation 6(3) corresponding to one that could have been made under regulation 6(2)(a),
is, in particular, to give the Secretary of State such information about his health as the Secretary of State may reasonably require having regard to regulation 9(6) (investment so as to secure death benefit cover).
Determination of questions
17
All questions arising under these Regulations are to be determined by the Secretary of State and a determination by him is final.
Retrospective effect
18
1
Subject to paragraph (3), any sum paid to the Secretary of State by a person in pensionable employment in anticipation of these Regulations is to be treated as if it had been paid under these Regulations.
2
A sum is one paid in anticipation of these Regulations if–
a
it was paid after 2nd February 1989 and before the commencement of these Regulations on the understanding that if regulations providing for additional voluntary contributions were made it would be treated as such a contribution, and
b
if paid before 6th April 1989, it would not, if these Regulations had been in force during the tax year ending with 5th April 1989, have exceeded the limit imposed by regulation 8(4), and
c
if paid after 5th April 1989, it did not exceed the limit imposed by regulation 8(4) on contributions paid in the tax year beginning on 6th April 1989.
3
Nothing in this regulation is to be taken to have imposed on the Secretary of State any obligation to make any investment before the commencement of these Regulations, but–
a
any investment so made is to be treated as having been made under these Regulations, and
b
if any investment was so made and an event on which a benefit would have been payable occurred before the commencement of these Regulations, the benefit is to be paid.


text:
1
1
This Order may be cited as the Animals (Scientific Procedures) Act (Commencement No. 2) Order 1989.
2
This Order does not extend to Northern Ireland.
2
The provisions of the Animals (Scientific Procedures) Act 1986 mentioned in the Schedule to this Order shall come into force on 1st January 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
6th December 1989


text:
1
This Order may be cited as the Finance Act 1986 (Stamp Duty Repeals) Order 1989.
2
The repeals under Part IX(4) of Schedule 23 to the Finance Act 1986 shall have effect on 20th March 1989.
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1989


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (England) Order 1989 and shall come into force on 1st January 1990.
Exemption
2
The cleaning by the Common Council of the City of London of the premises in the City of London known as the Central Criminal Court shall not be treated as a defined activity within the meaning of section 2(2)(b) of the Local Government Act 1988 so long as the premises remain vested in the Common Council, in any capacity, and remain the courthouse of the Central Criminal Court.
Chris Patten
Secretary of State for the Environment
1st December 1989


text:
Citation
1
This Order may be cited as the Health and Medicines Act 1988 (Commencement No.7) Order 1989.
Appointed day
2
15th October is the day appointed for the coming into force of the following provisions of the Health and Medicines Act 1988: —
a
in section 8 (retirement of practitioners) —
i
paragraph (a) in subsection (1) except for the words “or section 19 of the National Health Service (Scotland) Act 1978” ;
ii
the words “(a) or” in subsection (2) except so far as they have effect for the purposes of any list maintained under section 19 of the National Health Service (Scotland) Act 1978;
b
section 25(1) (consequential amendments) so far as it relates to paragraph 3 of Schedule 2, and to paragraph 1 of that Schedule to the extent that it has effect for the purposes of that paragraph.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
14th October 1989


text:
1
The Oldham Metropolitan Borough Council (A627(M) Rochdale-Lancashire/Yorkshire Motorway (M62)-Oldham Special Roads) Revocation Scheme 1989 is hereby confirmed with modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme, as modified, and accompanying plan, are deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY, at the office of the Department of Transport, North West Regional Office, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE, at the offices of the Director of Legal Services, Oldham Metropolitan Borough Council, Civic Centre, West Street Oldham; and at the offices of the Rochdale Metropolitan Borough Council, Town Hall, The Esplanade, Rochdale.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument maybe cited as the Oldham Metropolitan Borough Council (A627(M) Rochdale-Lancashire/Yorkshire Motorway (M62)-Oldham Special Roads) Revocation Scheme 1989 Confirmation Instrument 1989.
Signed by authority of the Secretary of State North West Region
D C Renshaw
Regional Director
Department of Transport
20th December 1989


text:
Title and commencement
1
This Order may be cited as the Tuberculosis (Deer) Notice of Intended Slaughter and Compensation Order 1989 and shall come into force on 1st September 1989.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“affected animal” means a deer which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis;
“appropriate Minister” means, in relation to Englanđ, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;
“deer” means a deer of any species;
“reactor” means a deer which gives rise to a reaction consistent with its being affected with tuberculosis when tested for that disease either by or on behalf of the appropriate Minister or otherwise, as the case may be, provided that in the case of a test otherwise so carried out the result thereof has been reported to the appropriate Minister.
Notification of intended slaughter of deer
3
1
Where the appropriate Minister intends to cause a deer to be slaughtered under section 32 of the Act in its application to tuberculosis a veterinary inspector may serve a notice in the form set out in the Schedule to this Order on the owner or person incharge of the deer informing him of the intended slaughter and requiring him to detain the deer pending such slaughter (or pending its surrender and removal for such slaughter) on such part of the premises on which it is kept as is specified in the notice and to isolate it as far as practicable from other deer and from cattle.
2
The person on whom such a notice has been served —
a
shall comply with the notice; and
b
shall not move the animal, or cause or permit it to be moved, off the part of the premises on which it is required to be detained, except under the authority of a licence issued by an officer of the appropriate Minister.
Compensation for, and ascertainment of value of, deer slaughtered for tuberculosis
4
1
Where the appropriate Minister causes a deer to be slaughtered under the powers conferred by section 32 of the Act in its application to tuberculosis the compensation payable by him shall, subject to article 5 below, be the amount determined in accordance with the following provisions of this article.
2
The said compensation shall be —
a
the sum of £600; or
b
an amount equal to 50 per cent of the market value of the deer, whichever is the less.
3
a
Notwithstanding the provisions of articles 3 and 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959 , the market value of a deer which the appropriate Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined —
i
by agreement between the appropriate Minister and the owner of the deer, or
ii
by one valuer appointed jointly by the appropriate Minister and the said owner, or
iii
failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors or by the President of the Institute of Auctioneers and Appraisers in Scotland.
b
A Valuer appointed or nominated under sub-paragraph (a)(ii) or (iii) above shall be paid by the appropriate Minister and shall give to the appropriate Minister and the owner a certificate in writing of the said value.
c
For the purpose of obtaining an agreement under sub-paragraph (a)(i) above the appropriate Minister may employ a valuer to agree the market value.
d
In this paragraph a reference to a valuer shall be construed as a reference to an individual, and not to a company or firm or to two or more persons jointly.
4
For the purposes of this article, the market value of a deer is the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market —
a
in the case of an affected animal or a reactor, if the deer were not an affected animal or a reactor;
b
in the case of a deer which has been exposed to the infection of tuberculosis, if it had not been so exposed.
Compensation for “control animals”
5
1
Notwithstanding anything in article 4 above, the compensation payable in respect of the slaughter of a deer to which this article applies, being a deer which the appropriate Minister causes to be slaughtered under the powers conferred by section 32 of the Animal Health Act 1981 in its application to tuberculosis, shall consist of the value of the carcase of the animal, less the expenses reasonably incurred by the appropriate Minister in relation to the deer before slaughter, to the slaughter of the deer and to the subsequent disposal of its carcase.
2
This article applies to any deer (“the control animal”) as respects which it is a condition of an import licence issued under the Importation of Animals Order 1977 allowing any other deer (“the imported animal”) to be landed in Great Britain that the control animal shall be placed with the imported animal during quarantine, there to serve as a control in relation to the imported animal as respects any disease of deer.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th July 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
30th July 1989
Peter Walker
Secretary of State for Wales
27th July 1989


text:
1
This Order may be cited as the Immobilisation of Vehicles Illegally Parked (London Borough of Hammersmith and Fulham) Order 1989 and shall come into force on 24th October 1989.
2
The area of Greater London within the outer edge of the boundary delineated in red on the plan in the Schedule to this Order is hereby specified as an area to which sections 104 (immobilisation of vehicles illegally parked) and 105 (exemptions from section 104) of the Road Traffic Regulation Act 1984 extend.
ScheduleArea of Hammersmith and Fulham specified as an area to which sections 104 and 105 of the Road Traffic Regulation Act 1984 extend.
Cecil Parkinson
Secretary of State for Transport
22nd September 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Personal Community Charge (Exemptions) Order 1989 and shall come into force on 7th April 1989.
2
In this Order “ the Act ” means the Local Government Finance Act 1988.
Persons in detention
2
1
A person is an exempt individual on a particular day if–
a
at any time on the day he is imprisoned, detained or in custody under the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 , and
b
the conditions mentioned in paragraph (2) below are fulfilled with respect to the time where they are applicable.
2
The conditions are that, where the person is in custody under arrest–
a
he is not in custody under open arrest; and
b
the custody forms part of a continuous period exceeding 48 hours during which he is under arrest.
3
A person is to be treated as in custody under open arrest for the purposes of paragraph (2)(a) if he is so treated for the purposes of Queen’s Regulations for the Navy, Army or Air Force.
The severely mentally impaired
3
Paragraph 4(2) of Schedule 1 to the Act is amended by adding after paragraph (c)–
d
he is entitled for the day to an invalidity pension under section 15 or 16 of the Social Security Pensions Act 1975 ;
e
he is entitled for the day to an unemployability supplement under section 58 of the Social Security Act 1975 ;
f
he is entitled for the day to an unemployability allowance under —
i
article 18(1) of the Personal Injuries (Civilians) Scheme 1983 , or
ii
article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument).
.
Patients in homes
4
1
The definition of hostel set out in paragraph (2) below is prescribed under paragraph 9(4) of Schedule 1 to the Act.
2
A hostel is–
a
a bail hostel or probation hostel approved under section 49(1) of the Powers of Criminal Courts Act 1973 , or
b
a building or part of a building–
i
which is solely or mainly used for the provision of residential accommodation in other than separate and self-contained sets of premises, together with personal care, for persons who require such personal care by reason of old age, disablement, past or present alcohol or drug dependence or past or present mental disorder, and
ii
which is not a residential care home, nursing home or mental nursing home for the purposes of paragraph 9 of Schedule 1 to the Act.
3
In paragraph (2)(b) “disablement” means a disablement within the meaning of Part I of the Registered Homes Act 1984 , and “personal care” has the same meaning as in that Part.
4
The definition of residential care home set out in paragraph (5) below is substituted for that set out in paragraph 9(2) of Schedule 1 to the Act.
5
A residential care home is–
a
an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) or (5)(j) of that Act;
b
a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948 or paragraph 2(1)(a) of Schedule 8 to the National Health Service Act 1977 ; or
c
a building or part of a building in which residential accommodation is provided and which is run by the Abbeyfield Society, including all bodies corporate or unincorporate which are affiliated to that Society.
Nicholas Ridley
Secretary of State for the Environment
9th March 1989
Peter Walker
Secretary of State for Wales
12th March 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Control of Pollution (Landed Ships' Waste) (Amendment) Regulations 1989 and shall come into force on 20th February 1989.
2
In these Regulations, “the 1987 Regulations ” means the Control of Pollution (Landed Ships' Waste) Regulations 1987 .
Amendments to the 1987 Regulations
2
The following amendments shall be made to regulation 2 of the 1987 Regulations –
a
after the definition of “conveyance” there shall be inserted the following definition:
“garbage” has the same meaning as in the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988;
;
b
for the definition of “harbour area” there shall be substituted the following:
“harbour area” has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987;
; and
c
for the definition of “ship” there shall be substituted the following:
“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform;
.
3
In regulations 3, 4 and 5 of the 1987 Regulations and in the Schedule thereto, for the term “tank washings” each time it occurs there shall be substituted “tank washings or garbage”.
4
In regulation 4 of the 1987 Regulations and in the Schedule thereto after each reference to “the Prevention of Pollution (Reception Facilities) Order 1984” there shall be inserted the words “or the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988 respectively”; and at the end of paragraph 1 of the Schedule to the 1987 Regulations there shall be added the words “or those Regulations”.
5
At the end of regulation 4 of the 1987 Regulations there shall be added:
,except where the deposit is liable to give rise to an environmental hazard within the meaning of section 4(5) of the 1974 Act.
.
6
In paragraph 3(e) of the Schedule to the 1987 Regulations for “regulation 7(1)” there shall be substituted “regulation 7(1)(a)”.
Nicholas Ridley
Secretary of State for the Environment
11th January 1989
Peter Walker
Secretary of State for Wales
13th January 1989
Malcolm Rifkind
Secretary of State for Scotland
16th January 1989


text:
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 1989 and shall come into force on 8th December 1989.
2
The Goods Vehicles (Authorisation of International Journeys)(Fees) Regulations 1983 shall be further amended by the substitution –
a
in regulations 4 and 5 of “£80” for “£100” and “£20” for “£26”;
b
in regulation 6 of “£40” for “£50” and “£10” for “£14”;
c
in regulation 8 of “£25” for “£50”.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
2nd November 1989
We consent to the making of these Regulations.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 1989


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.1) (Written Statements) 1989 and shall come into force on 3rd April 1989.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Conditions for receiving written statements in evidence without being spoken to by a witness
2
In the Rules of the Rules of the Court of Session( ), after rule 108, insert the following rule: —
Conditions for receiving written statements in evidence without being spoken to by a witness
108A
1
Any written statement (including an affidavit) or report, admissible under section 2(1)(b) of the Civil Evidence (Scotland) Act 1988( ) may be received in evidence in any category of civil proceedings without being spoken to by a witness subject to the provisions of this rule.
2
The following provisions of this rule do not apply to any such written statement or report in respect of which express provision is made in these rules for its admissibility in evidence in relation to a particular category of civil proceedings.
3
Application to the court to receive any such written statement or report in evidence without being spoken to by a witness shall be made by way of motion.
4
Subject to paragraph (5), on enrolling any such motion, the applicant shall lodge —
a
the written statement or report as a production;
b
in any case where the other party or parties have not agreed to the written statement or report in question being received in evidence without being spoken to by a witness, an affidavit or affidavits in support of the motion stating —
i
the name, designation, and qualifications (if any) of the author of the statement or report in question;
ii
the circumstances in which it was written; and
iii
the reasons for the application.
5
Paragraph (4) does not apply to an application made in respect of a written statement or report in the form of an affidavit which includes the information specified in sub-paragraph (b) of paragraph (4).
6
Any such motion which is unopposed may be granted by the court without a hearing.
7
On the hearing of any such motion, the court may grant the motion, with or without conditions, or may refuse it, or may continue the motion to enable such further information to be obtained as it may require for the purpose of determining the application.
8
Expressions used in this rule and in the Civil Evidence (Scotland) Act 1988 shall have the meaning they have in that Act.
.
Emslie
Lord President, I.P.D.Edinburgh
7th March 1989


text:
1
This Order may be cited as the Superannuation (Valuation and Community Charge Tribunals) Order 1989 and shall come into force on 6th October 1989.
2
Employment by a valuation and community charge tribunal is hereby removed from the employments listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st May 1989.
Kenneth Carlisle
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
4th September 1989