text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 shall become a trunk road as from the date when this order comes into force.
2
The centre line of the new trunk road 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 trunk road 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 purposes of through traffic.
4
The lengths of trunk roads described in Schedule 2 and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as classified roads as from the date on which the Secretary of State notifies the County Council of Shropshire that the new trunk road is open for through traffic.
5
The Secretary of State is authorised to construct the bridge specified in Schedule 3 as part of the new trunk road and, in connection with the construction of that bridge, to divert the part of the navigable watercourse specified in that schedule and the towing path adjacent to that part in the manner shown in that schedule.
6
The Secretary of State is authorised to construct the bridge specified in Schedule 4 as part of the new trunk road and, in connection with the construction of that bridge, to divert the part of the navigable water course specified in that schedule and the towing path adjacent to that part in the manner shown in that schedule.
7
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes 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;
ii
“the deposited plan” means the plan numbered HA 10/2WM126 marked“The (A41) East of Birmingham to Birkenhead and the (A49) Shrewsbury to Warrington Trunk Roads (Whitchurch Bypass) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”means the highway mentioned in article 1 of this Order;
iv
“the Trunk Road”means the East of Birmingham — Birkenhead Trunk Road (A41) and the Shrewsbury to Warrington Trunk Road (A49); and
3
reference to a numbered Schedule is a reference to the Schedule to this Order which bears that number.
8
This Order shall come into force on 29th July 1988 and may be cited as the (A41) East of Birmingham to Birkenhead and the (A49) Shrewsbury to Warrington Trunk Roads (Whitchurch Bypass) Order 1988.
Signed by the authority of the Secretary of State
H. F. Ellis
Regional Director West Midlands Region
Department of Transport
13th May 1988


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Police Cadets (Amendment) (No. 3) Regulations 1988.
2
These Regulations shall come into force on 9th January 1989 and shall have effect for the purposes of regulation 3(a) and (b) as from 1st July 1988.
3
The Police Cadets Regulations 1979 shall be amended as follows:
a
in regulation 13(1) (a) for the words “1st July 1987” there shall be substituted the words “1st July 1988” and for the words “31st August 1987” there shall be substituted the words “31st August 1988”;
b
for the Table in Schedule 2 (scales of pay) there shall be substituted the following Table —
Table
Age London Provinces
Part I — Pay from 1st July 1988 to 31st August 1988 Under 17 years £3,849 a year £3,195 a year 17 years £4,041 a year £3,387 a year 18 years or over £4,425 a year £3,771 a year Part II — Pay from 1st September 1988 Under 17 years £4,038 a year £3,384 a year 17 years £4,242 a year £3,588 a year 18 years or over £4,650 a year £3,996 a year.
c
for paragraph 2 of Schedule 3 (charge for board and lodging) there shall be substituted the following paragraph —
2
The annual rate of charge shall be —
a
in the case of a police cadet attached to the Metropolitan Police force, £510;
b
in any other case, £471.
.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
12th December 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Payments for Optical Appliances) Amendment (No. 4) Regulations 1988 and shall come into force on 1st December 1988.
2
In these Regulations, the“ principal Regulations ” means the National Health Service (Payments for Optical Appliances) Regulations 1986 .
Amendment of the principal Regulations
2
1
In regulation 1(2) of the principal Regulations (interpretation) after the definition of“responsible authority” there is inserted the following definition: —
“small glasses” means glasses the lens apertures of which have datum centres not more than 56 millimetres apart; and for this purpose“datum centre” is to be construed in accordance with Part One of British Standard 3521: 1962 (Glossary of Terms relating to Ophthalmic Lenses and Spectacle Frames) published by the British Standards Institution, as effective immediately before 7th November 1988;
.
2
In regulation 7 of the principal Regulations (payments to suppliers) at the end of paragraph (2)(c) there is added the following head: —
iv
where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of Part II of Schedule 1, certified that the glasses supplied were small glasses.
.
3
In Part II of Schedule 1 to the principal Regulations (prisms, tints, photochromic lenses, special glasses and complex appliances) —
a
for paragraph 1(1)(e) there is substituted the following: —
e
by £31.50 in respect of small glasses;
b
after paragraph 1(3) there is added the following: —
4
Where the face value of a voucher is increased in accordance with sub-paragraph (1)(g) of this paragraph, it may not be further increased in accordance with sub-paragraph (1)(e) of this paragraph.
.
Saving for existing vouchers
3
The amendments made by regulation 2 of these Regulations shall not have effect in relation to any voucher issued before these Regulations come into force, or in relation to any claim for payment in respect of any such voucher.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State,
Department of Health
7th November 1988


text:
1
These Regulations may be cited as the Road Traffic Act 1972 (Amendment) Regulations 1988 and shall come into force on 13th July 1988.
2
In section 190(11) of the Road Traffic Act 1972 , the words “except sections 68 to 81” shall cease to have effect.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
10th June 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road 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 the new trunk road 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 new trunk road is open for through traffic.
4
The length of the Trunk Road described in Schedule 2 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 Cheshire that the new trunk road is open for through traffic.
5
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes 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;
ii
“the deposited plan” means the plan numbered HA 10/1 CNW 273 marked “The East of Birmingham — Birkenhead Trunk Road (A41 Handley Bypass) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iv
“the Trunk Road” means the East of Birmingham — Birkenhead Trunk Road (A41)
6
This Order shall come into force on 9th September 1988 and may be cited as the East of Birmingham — Birkenhead Trunk Road (A41 Handley Bypass) Order 1988.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
11th August 1988


text:
1
The highway which the Secretary of State has constructed along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The new trunk road is indicated by solid black shading on the deposited plan.
3
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan” means the plan numbered HA10/2E/270 marked “The A405 Trunk Road (Bricket Wood Junction) (Trunking) Order 1988”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the trunk road” means the A405 Trunk Road.
4
This Order shall come into force on 1st September 1988 and may be cited as the A405 Trunk Road (Bricket Wood Junction) (Trunking) Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Regional
Department of Transport
4th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1988 and shall come into force on 1st October 1988.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to exhaust emissions
3
In regulation 4, after paragraph (8) there shall be inserted the following paragraph —
8A
Where in relation to item 2 in Schedule 1, a date is specified in column (6) of that Schedule (being a date of cessation of application of type approval requirements), that date shall not apply to any vehicle for which, or for a model of which, there is a type approval certificate or (as the case may be) a Minister’s approval certificate in force at the time but, in relation to such a vehicle, column (6) shall be read and shall have effect as if there appeared in that column a date one year later than the date specified therein.
.
4
In Schedule 1 —
a
in item 2, “30.9.1989” shall be inserted in column (6) in the following two places, that is to say —
i
opposite the entry in column 3(a) relating to Council Directive 70/220/ EEC of 20 March 1970 as last amended by Council Directive 78/665/EEC of 14 July 1978, and
ii
opposite the entry in column 3(a) relating to ECE Regulation 15 as revised on 6 March 1978.
b
in item 2A, “30.9.89” shall be inserted in column (6)
c
after item 2A, there shall be inserted as item 2B the item so numbered in Schedule 1 to these Regulations.
Amendments relating to unleaded petrol
5
At the end of regulation 4 there shall be added the following paragraph —
13
Schedule 1A shall have effect for the purpose of specifying, in relation to certain vehicles, dates which are to be read as if they appeared in column (5) of items 7 and 8 in Schedule 1.
.
6
In Schedule 1, after item 6J there shall be added as items 7 and 8 the items so numbered in Schedule 1 to these Regulations.
7
A schedule shall be inserted after Schedule 1 in accordance with the provisions of Schedule 2 to these Regulations.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
5th September 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall become an unclassified road as from the date on which the Secretary of State notifies the County Council of Gwynedd that the new trunk road is open for through traffic.
4
In this Order: —
i
“the deposited plan”means the plan numbered HA10/2 — WO65 marked“The Chester-Bangor Trunk Road (Conwy Morfa to Llanfairfechan, Pen-y-Clip Section) Order 1988” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road”means the highway mentioned in article 1 of this Order;
iii
“the trunk road”means the Chester-Bangor Trunk Road (A55).
5
This Order shall come into force on 9th May 1988, and may be cited as the Chester-Bangor Trunk Road (Conwy Morfa to Llanfairfechan, Pen-y-Clip Section) Order 1988.
Signed by authority of the Secretary of State for Wales
K. J. Thomas
Director of Highways, Welsh Office
18th April 1988


text:
1
These Regulations may be cited as the Public Service Vehicles (Drivers' Licences) (Amendment) Regulations 1988 and shall come into force on 27th June 1988.
2
Regulation 10 (Fees for tests and the provision of facilities) of the Public Service Vehicles (Drivers' Licences) Regulations 1985 shall be amended —
a
in paragraph (2) by the substitution for “£40” of “£42”, and
b
in paragraph (3)(c) by the substitution for the word “three” of the word “ten”.
3
Regulation 2(b) of these Regulations shall not apply in respect of the cancellation of an appointment made before 27th June 1988.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
26th May 1988


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Training for Employment) Regulations 1988, and shall come into force on 5th September 1988.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“educational establishment” means a university, polytechnic, college, school or similar educational or technical institute; it does not include a skillcentre or similar establishment run by the Training Commission;
“relevant training” means training provided pursuant to arrangements made (whether before or after the coming into force of section 25 of the Employment Act 1988 ) under section 2 of the Employment and Training Act 1973 and known by any of the names specified in the Schedule to these Regulations, except training —
provided at an educational establishment on a course run by the establishment; or
received under a contract of employment;
“training” means training for employment or work experience, or both.
Meaning of “work” and “at work”
3
For the purposes of Part I of the 1974 Act —
a
the meaning of the word “work” shall be extended to include relevant training;
b
a person provided with relevant training is at work throughout the time when he would be in the course of his employment if he were receiving such training under a contract of employment, but not otherwise, and the meaning of “at work” shall be so extended;
and in that connection, in the other relevant statutory provisions, “work” and “at work” shall be construed accordingly.
Meaning of “employee”, “employer” etc.
4
For the purposes of the relevant statutory provisions a person provided with relevant training shall be treated as being the employee of the person whose undertaking (whether carried on by him for profit or not) is for the time being the immediate provider to that person of the training; and “employee”, “worker”, “employer” and related expressions in those provisions shall be construed accordingly.
Revocation
5
The Health and Safety (Youth Training Scheme) Regulations 1983 are hereby revoked.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
14th July 1988


text:
1
This Order may be cited as the Borough of Blyth Valley (Electoral Arrangements) Order 1988.
2
This Order shall come into force on the ordinary day of election of councillors in 1991 (within the meaning of section 37 of the Representation of the People Act 1983 ) except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force on 10th October 1990.
3
1
The existing wards of the Borough of Blyth Valley shall be abolished and that borough shall be divided into eighteen wards which shall bear the names set out in column 1 of Schedule 1 to this Order, and each such ward shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of Schedule 2 to this Order opposite to the name of the ward as given in column 1 of that Schedule.
4
Where a boundary is described in Schedule 1 to this Order as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line thereof.
5
The ordinary elections of all councillors for the Borough of Blyth Valley shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1991 and every fourth year thereafter.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
10th October 1988


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1988 and shall come into force on 1st May 1988.
Amendment of regulations
2
1
The National Health Service (General Dental Services) Regulations 1973 shall be amended in accordance with the following provisions of this regulation.
2
At the end of Part VIA there shall be inserted the following Part —
Part VIB
USE OF COMPUTERS IN GENERAL DENTAL SERVICES
Use of computers for submitting estimates to the Board
26G
Subject to regulation 26H and paragraph 8A of Schedule 1 to these Regulations, a dentist who is required by Part I of that Schedule to send the Board a dental estimate form in respect of completed or proposed treatment may, by arrangement with the Board, instead use a computer to send the Board an estimate to the same effect and, if he does so, shall be treated as having satisfied the requirement.
Circumstances in which computers may not be used for estimates
26H
Regulation 26G shall not apply to estimates concerning —
a
treatment carried out pursuant to regulation 20;
b
replacement of a dental appliance pursuant to regulation 21;
c
treatment provided under capitation arrangements.
Functions of the Board in respect of estimates sent by computer
26I
Where a dentist uses a computer to send an estimate in accordance with this Part of these Regulations, the Board shall consider and, where appropriate, approve such an estimate as if it had been sent in a dental estimate form.
.
3
In Schedule I (terms of service) after paragraph 8 there shall be inserted the following paragraph —
Use of computers to send an estimate
8A
A dentist who, in accordance with regulation 26G, uses a computer to send an estimate —
a
shall at the appropriate time secure the completion, as far as applicable by the patient, or where regulation 17 applies, by the appropriate person, of the practice record form set out in Determination VI of the Statement of Dental Remuneration or a form to like effect;
b
shall not include in the estimate information concerning treatment which is not necessary in his opinion to render the patient dentally fit or information concerning preventive treatment which is not necessary in his opinion to maintain dental health;
c
shall use a computer programme which the Board approves as suitable; and
d
shall complete the computer summary form set out in Determination VI of the Statement of Dental Remuneration and send it to the Board —
i
in the case of treatment set out in Determination II of that Statement, within one month of completing the form; and
ii
in any other case within one month of completing the treatment.
.
Signed by authority of the Secretary of State for Social Services
Edwina Currie
Parliamentary Under-Secretary of State,
Department of Health and Social Security
22nd March 1988


text:
1
This Order may be cited as the Combined Probation Areas (Berkshire) Order 1988 and shall come into force on 1st January 1989 except that for the purpose of any appointment under article 3(2) below this Order shall come into force forthwith.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Berkshire Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Bradfield and Sonning and Reading;
b
inserting in alphabetical order in column 1 “Reading and Sonning” and corresponding to that in column 3 “6”; and
c
substituting for “2” in the entry in column 3 corresponding to that for Slough in column 1 “3”.
3
1
The justice appointed to be a member of the Berkshire Probation Committee by the justices for the petty sessional division of Bradfield and Sonning and the four justices so appointed by the justices for the petty sessional division of Reading, in each case before the abolition of the said petty sessional divisions and their reconstitution to form the new division of Reading and Sonning shall continue to hold office as members of that Committee, as if they had been appointed by the justices for the new division, until 30th November 1989 and shall then cease to hold office but shall be eligible for re-appointment.
2
The justices for each of the new division of Reading and Sonning and the existing division of Slough shall appoint one of their number to serve as a member of the Berkshire Probation Committee; and the two members so appointed shall hold office until 30th November 1989 and shall then cease to hold office but shall be eligible for re-appointment.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
20th December 1988


text:
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 1988 and shall come into force on the 18th November 1988.
2
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 1983 shall be amended —
a
in regulation 3, by the substitution for the definition of “special permit” of the following definition: —
“special permit” means —
a special permanent transport permit for the use of a vehicle exceeding a certain laden weight or dimensions issued in pursuance of an agreement signed on 22nd January 1988 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics concerning international road transport and entering into force on a date to be notified in the London Gazette or an arrangement made 15th June 1978 between the United Kingdom of Great Britain and Northern Ireland and the Minister of Transport of the Spanish State in implementation of the agreement dated 26th April 1972 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Spanish State on the international carriage of goods by road; or
a special transport permit for the use of vehicles for the carriage of goods between a place in the territory of the Soviet Union and a place in a country or territory other than the territory of the Soviet Union or the United Kingdom, or vice versa pursuant to the said agreement signed on the 22nd January 1988.
and
b
in Schedule 1 by the deletion in columns 1 and 2 of the entries relating to the agreements with the Republic of Cyprus, the German Democratic Republic and the Republic of Finland and by the insertion at the end of that Schedule of the following entries in columns 1 and 2 respectively: —
“Agreement signed on the 22nd January 1988 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics concerning international road transport and entering into force on a date to be notified in the London Gazette.”. Article 5
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
14th October 1988
We consent to the making of these Regulations
David Lightbown
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 1988


text:
Citation, interpretation and application
1
1
These Regulations may be cited as the Merchant Shipping (Weighing of Goods Vehicles and other Cargo) Regulations 1988 and shall come into force on 1st February 1989.
2
In these Regulations the following expressions have the following meanings respectively unless the context otherwise requires and subject to regulation 12 below: —
“bus” has the same meaning as in the Road Vehicles (Construction and Use) Regulations 1986 ;
“goods vehicle” has the same meaning as in the Road Traffic Act 1972 ;
“harbour” and“harbour authority” have the same meanings as in the Harbours Act 1964 ;
“maximum gross weight” has the same meaning as in the Road Vehicles (Construction and Use) Regulations 1986;
“motor vehicle” has the same meaning as in the Road Traffic Act 1972;
“passenger ship” means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power;
“port premises” means in relation to any harbour the docks, landing places and all other works and land at any time vested in, belonging to or administered by the harbour authority (as harbour authority in relation to that harbour) and includes all berths adjoining that harbour from which ships to which these Regulations apply sail from time to time and all premises vested in, belonging to or administered by berth operators or shipowners which are contiguous with those premises or any of those berths;
“road vehicle” means a vehicle intended or adapted for use on roads;
“ro/ro passenger ship” means a passenger ship provided with cargo or vehicle spaces in which cargo or vehicles can be loaded and unloaded in a horizontal direction;
“trailer” means a vehicle drawn by a motor vehicle and includes a semi-trailer within the meaning of the Road Vehicles (Construction and Use) Regulations 1986;
“unladen weight” has the same meaning as in the Road Vehicles (Construction and Use) Regulations 1986; and
“weighing manager” means any authority or person who is for the time being responsible for the management of a weighing machine within port premises.
3
The following are“qualifying cargo items”:
a
any goods vehicle, together with (in the case of a goods vehicle which is a motor vehicle) any trailer drawn by it, of which
i
the weight, or as the case may be the aggregate weight, including any load, any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and any loose tools and loose equipment, or
ii
the maximum gross weight,exceeds 7.5 tonnes;
b
any other individual unit of cargo other than a bus, of which the weight exceeds 7.5 tonnes, unless it forms part of a qualifying cargo item under (a).
4
These Regulations apply to any ro/ro passenger ship which is operating as a ship of Class II or II(A) within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 and is a United Kingdom ship.
5
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.
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.
Requirement for weighing of cargo items, and use of weights for stability calculations
2
1
Subject to regulations 4(5) and 5(3) and (4), no qualifying cargo item shall be loaded on to a ship to which these Regulations apply —
a
when sailing from any United Kingdom port for a port outside the United Kingdom;
b
when sailing from a port in Great Britain for a port in Northern Ireland, or vice versa; or
c
when sailing from a port listed in the Schedule hereto to a destination there indicated in relation to that port;
unless —
i
its weight has previously been determined in accordance with regulations 4 and 5, by means of a weighing machine complying with and used and operated in accordance with regulation 3 or, in a case where regulation 4 or 5 so provides, by an alternative method authorised there for that case;
ii
arrangements at the port in question to prevent fraud by changing the composition of qualifying cargo items after weighing have been approved by the Secretary of State;
iii
if weighed outside the port premises, a certificate has been supplied as evidence of weighing; and
iv
there are reliable arrangements in place for the retention, within the port premises or on board the ship, of records or documents demonstrating that the requirements of paragraph (i) have been complied with.
2
The weights of qualifying cargo items obtained in compliance with paragraph (1) of this regulation shall be used for the purposes of any calculations of the stability of the ship that are required to be carried out under the Merchant Shipping Acts.
Accuracy of Weighing Machines, and Persons Qualified to Use Them
3
1
Any weighing machine used for the purpose of these Regulations within the port premises shall either —
a
have been passed by an inspector of weights and measures as fit for use for trade and comply with the requirements of the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988 relating to weighing equipment of Class I, II or III and bear the prescribed stamp; or
b
bear the mark of EEC initial verification and be of class of special, high or medium accuracy as specified in the Measuring Instruments (EEC Requirements) Regulations 1988 ; or
c
have been the subject, upon application by the weighing manager, of a satisfactory test and report under section 74(4) of the Weights and Measures Act 1985 stating that the machine is capable of weighing qualifying cargo items between 7.5 tonnes and the maximum capacity of the weighing machine within an accuracy of plus or minus 2 per cent.
2
Such a weighing machine shall be used for the purposes of these Regulations in accordance with such conditions of use as the inspector of weights and measures may specify for the purpose of ensuring that it meets the required level of accuracy.
3
Any person operating a weighing machine, other than a self-operated weighing machine within the meaning of paragraph (4) of this regulation, shall hold a certificate of competence to operate the machine, issued by a chief inspector of weights and measures or on his authority.
4
The conditions of use given under paragraph (2) shall include notification of whether the equipment is for use only by operators certified under paragraph (3) or is able to be used by uncertified operators when the machine will be designated a self-operated weighing machine. Such a machine shall —
a
incorporate or be used in conjunction with arrangements approved by the Secretary of State to ensure that the identity of a qualifying cargo item is not falsified; and
b
be provided with instructions approved by an inspector of weights and measures which shall be displayed near the machine indicating the manner in which it is to be used.
5
Any weighing machine used for the purposes of these Regulations outside the port premises shall comply with the requirements of paragraph (1)(a) or (b) of this regulation and such use shall comply with the requirements of the Weights and Measures Act 1985 and the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988 relating to use for trade.
Manner of Weighing
4
1
Subject to the following paragraphs of this regulation, a qualifying cargo item shall be weighed alone.
2
A qualifying cargo item which is a motor vehicle or motor vehicle and trailer may be weighed with or without the driver, and it shall be recorded whether the driver is included.
3
A qualifying cargo item may —
a
if it is a trailer, be weighed in combination with the motor vehicle by which it is drawn, and
b
if it is an individual unit of cargo which is not a road vehicle and there is no other load (except for any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, loose tools or loose equipment), be weighed in combination with the motor vehicle or trailer on which it is carried or (as the case may be) with the trailer and the motor vehicle by which the trailer is drawn,the weight of the qualifying cargo item being obtained by subtraction from the total weight so obtained of the weight of the vehicle, or of the motor vehicle and trailer, in accordance with paragraph (4) of this regulation.
4
The weight of the vehicle or, as the case may be, motor vehicle and trailer required to be subtracted under paragraph (3) shall be —
a
obtained by weighing within the port premises after the qualifying cargo item is detached or otherwise removed;
b
in the case of a motor vehicle drawing a qualifying cargo item which is a trailer, or a motor vehicle which is carrying a qualifying cargo item and no other load (except for any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, loose tools or loose equipment), either the weight obtained under (a) at the same port on a previous occasion, or the mean operating weight determined previously and recorded on a certificate which is kept with the vehicle or is retained, in original or photocopy, by the weighing manager;
c
in the case of a trailer which is carrying a qualifying cargo item and no other load (except for any loose tools or loose equipment), either the weight obtained under (a) at the same port on a previous occasion or the unladen weight determined previously and recorded on a certificate which is presented at the time of weighing of the qualifying cargo item or is retained, in original or photocopy, by the weighing manager;
d
in the case of a trailer which is carrying a qualifying cargo item and no other load (except for any loose tools or loose equipment) and is drawn by a motor vehicle, the weights of the motor vehicle and trailer determined as under (b) and (c) respectively; or
e
determined according to a method approved by the Secretary of State.
5
The weight of a qualifying cargo item which is a road vehicle or a motor vehicle and trailer may, if it is carrying no load (except for any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, loose tools and loose equipment),
a
be taken as the weight obtained by weighing the same vehicle or motor vehicle and trailer without a load at the same port on a previous occasion; or
b
in the case of a motor vehicle or a motor vehicle and trailer, be taken as the mean operating weight measured previously and recorded on a certificate which is kept with the vehicle or is retained, in original or photocopy, by the weighing manager; or
c
in the case of a trailer, be taken as the unladen weight measured previously and recorded on a certificate which is presented before loading or is retained, in original or photocopy, by the weighing manager; or
d
in the case of a motor vehicle and trailer, be obtained by adding the weights of the motor vehicle and trailer determined as under (b) and (c) respectively; or
e
be determined according to a method approved by the Secretary of State.
6
The mean operating weight referred to in paragraphs (4)(b) and (5)(b) shall be the overall weight of the motor vehicle, without any load but with any loose tools and equipment, one-half of the maximum capacity of fuel, and a reasonable allowance for the driver.
Place of Weighing
5
1
Subject to the following paragraphs of this regulation, the weighing of qualifying cargo items shall be carried out within the port premises of the harbour at which the cargo is to be loaded.
2
Qualifying cargo items which have been sealed for customs purposes may, if weighed alone, be weighed on a weighing machine outside the port premises.
3
The weights of the following cargo items may be determined by weighing on a weighing machine outside the port premises, or by any method which the owner of the ship is satisfied is reliable:
a
items which are road vehicles, or motor vehicles and trailers, which exceed, and are not prohibited by the Road Traffic Act 1972 from use on a road when exceeding, 38 tonnes in weight, 18 metres in length, or 2.6 metres in width;
b
items, other than goods vehicles or motor vehicles and trailers, which because of their physical dimensions, weight or other characteristics or because they are track laying vehicles are not capable of being weighed on any weighing machine within the port premises which is used to weigh goods vehicles, or motor vehicles and trailers, for the purposes of these regulations.
4
The Secretary of State may approve in advance, subject to such conditions as he may specify —
a
arrangements for the weighing of qualifying cargo items outside the port premises, or as to the weights to be used for the purpose of the calculations referred to in regulation 2(2), during periods when a weighing machine within the port premises is unserviceable; and
b
arrangements as to the weights to be used for the purpose of the calculations referred to in regulation 2(2) in respect of cargo items referred to in paragraph (3) of this regulation.
Prevention of Fraud
6
Any person submitting arrangements for approval under regulation 2(1)(ii) shall comply with those arrangements when approved.
Offences
7
1
It shall be an offence by the shipowner and the master if a qualifying cargo item is loaded on to a ship to which these Regulations apply in breach of regulation 2(1).
2
It shall be an offence by the master if regulation 2(2) is not complied with.
3
It shall be an offence by the weighing manager if a weighing machine within the port premises is used for the purposes of these Regulations —
a
which does not comply with the requirements of regulation 3(1);
b
other than in accordance with the conditions specified under regulation 3(2);
c
by a person not holding a certificate of competence required under regulation 3(3);
d
in breach of regulation 4; or
e
without arrangements at the port in question having previously been approved in accordance with regulation 2(1)(ii).
4
It shall be an offence by the weighing manager if a self-operated weighing machine is made available for operation and the requirements of regulation 3(4) relating to such machines are not complied with.
5
It shall be an offence for any person operating a self-operated weighing machine not to comply with the instructions required to be displayed under regulation 3(4)(b).
6
Failure to comply with regulation 6 shall be an offence by the person who has submitted the arrangements.
7
It shall be an offence for any person —
a
to supply information for the purposes of these Regulations knowing or having grounds to believe it to be false;
b
knowingly or recklessly to falsify information supplied for the purposes of these Regulations;
c
materially to change the composition of a qualifying cargo item after it has been weighed within the port premises without first making arrangements to have it re-weighed.
8
Proceedings for any offence under paragraph (3) or (5) of this regulation, save for failure to comply with regulation 3(4)(a), shall not be instituted except by or on behalf of a local weights and measures authority.
8
Where an offence under these Regulations is committed, or would have been committed except for the operation of regulation 9, by a person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first mentioned person.
Defence
9
It shall be a good defence to a charge under these Regulations for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Penalties
10
1
For any offence under regulation 7(1), the shipowner and the master shall each be liable on summary conviction to a fine not exceeding £2,000.
2
For any offence under regulation 7(2), the master shall be liable on summary conviction to a fine not exceeding £2,000.
3
For any offence under regulation 7(3) or (4), the weighing manager shall be liable on summary conviction to a fine not exceeding £2,000.
4
Any person committing an offence under regulation 7(5) shall be liable on summary conviction to a fine not exceeding £400.
5
Any person committing an offence under regulation 7(6) shall be liable on summary conviction to a fine not exceeding £2,000.
6
Any person committing an offence under regulation 7(7)(a) or (b) shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
7
Any person committing an offence under regulation 7(7)(c) shall be liable on summary conviction to a fine not exceeding £2,000.
Exemptions
11
The Secretary of State may make such exemptions from the provisions of regulations 2, 3, 4, 5 and 6 in relation to such ships, services or qualifying cargo items or classes thereof, and subject to such conditions, as he may specify and may, subject to giving reasonable notice, alter or cancel any exemption so granted.
12
1
In the application of these Regulations to Northern Ireland: —
a
“bus” has the same meaning as in the Public Service — Vehicles Regulations (N.I.) (1985) ;
“goods vehicles” has the same meaning as in Article 2 of the Road Traffic (Northern Ireland) Order 1981 ;
“harbour” and“harbour authority” have the same meaning as in section 38 of the Harbours Act (N.I.) 1970 ;
“maximum gross weight” has the same meaning as in Article 19 of the Road Traffic (Northern Ireland) Order 1981;
“motor vehicle” has the same meaning as in Article 2 of the Road Traffic (Northern Ireland) Order 1981;
“trailer” means a vehicle drawn by a motor vehicle and includes a semi-trailer within the meaning of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1976 ;
“unladen weight” has the same meaning as in Schedule 7 to the Vehicles (Excise) Act (N.I.) 1972 ;
b
References in regulation 3 to: —
i
the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988 shall be references to the Weights and Measures Regulations (Northern Ireland) 1967 ;
ii
section 74(4) of the Weights and Measures Act 1985 shall be a reference to article 44 of the Weights and Measures (Northern Ireland) Order 1981 ;
iii
the Weights and Measures Act 1985 shall be a reference to the Weights and Measures Regulations (Northern Ireland) 1967.
2
For the purposes of the application of regulation 7(8) to Northern Ireland for the reference to“a local weights and measures authority” there shall be substituted“the Department of Economic Development”.
Paul Channon
Secretary of State for Transport
26th July 1988


text:
1
The County Council of the Royal County of Berkshire (Blakes Bridge Reconstruction Reading) Scheme 1987 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of the County Council of Berkshire at Shire Hall, Shinfield Park, Reading, Berkshire.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of the Royal County of Berkshire (Blakes Bridge Reconstruction Reading) Scheme 1987 Confirmation Instrument 1988.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Regional Office
Department of Transport
13th September 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund (Application for Review) Regulations 1988 and shall come into force on 11th April 1988.
2
Any reference in regulation 2 of these Regulations to a numbered paragraph is a reference to the paragraph in that regulation bearing that number.
Manner of making application for review or further review and time limits
2
1
Any application for —
a
a review of any determination made by a social fund officer;
b
a further review by a social fund inspector of a determination of a social fund officer which has been reviewed,
shall be in writing and shall be made within the time specified in paragraph (2) by sending or delivering it to an office of the Department of Health and Social Security.
2
The time specified for the purposes of paragraph (1) is —
a
in the case of an application to which paragraph (1)(a) applies, 28 days from the date on which the determination to which that application relates was issued;
b
in the case of an application to which paragraph (1)(b) applies, 28 days from the date on which the determination on review was issued.
3
The time specified in paragraph (2) may be extended for special reasons, even though the time so specified may already have expired, by the social fund officer or, as the case may be, the social fund inspector.
4
The application for review or, as the case may be, further review shall contain particulars of the specific grounds on which it is made and shall be signed by the person making the application.
5
Where it appears to the social fund officer or, as the case may be, the social fund inspector that a person has submitted an application which is incomplete in that it contains insufficient particulars to enable any material question to be determined, he may request that person to furnish within a specified time such further particulars as may be reasonably required to complete the application; and if the person does so the application shall be treated as having been made within the time specified in paragraph (2) or, as the case may be, extended under paragraph (3).
6
Where the application is made on behalf of a person to whom the determination relates, that person shall signify in writing his consent to the application being made on his behalf.
7
For the purposes of paragraph (2) the date on which a determination or a determination on review is issued is the date on which notice of that determination was given or sent to the applicant for review or further review and, if sent by post to the applicant’s last known or notified address, that notice shall be treated for the purposes of this regulation as having been sent on the day that it was posted.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
14th January 1988.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (Transitional) Amendment Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations “the Transitional Regulations ” means the Income Support (Transitional) Regulations 1987 .
Insertion of regulation 4A into the Transitional Regulations
2
After regulation 4 of the Transitional Regulations (deeming of claims for income support) there shall be inserted the following regulation —
Payments on account of income support
4A
1
Where, by virtue of regulation 4 (deeming of claims by former beneficiaries), a person’s entitlement to income support, for a period commencing in the week beginning 11th April 1988, falls to be determined as if a claim for it had been duly made and no determination has been made by that date, the Secretary of State may make a payment on account of income support and the amount of such payment shall be offset by the adjudicating authority in reduction of any income support, any transitional payment of income support under regulation 7 (transitional payments for former beneficiaries) and any addition under Part II, subsequently awarded.
2
Where a payment on account has been made under paragraph (1) and the adjudicating authority determines that there is no entitlement to income support, or that the entitlement is less than the amount of the payment on account, that authority shall determine the amount of the overpayment.
3
The amount of any overpayment determined under paragraph (2) shall be recoverable by the Secretary of State by the same procedures and subject to the same conditions as if it were recoverable under section 53(1) of the Act (overpayments).
4
A payment on account under this regulation may be made by means of an instrument of payment or such other means as appears to the Secretary of State to be appropriate in the circumstances of any particular case and, notwithstanding the repeal of any enactment, may be made by an instrument of payment or book of serial orders issued for the purpose of paying supplementary benefit.
.
Amendment of regulation 5 of the Transitional Regulations
3
In regulation 5 of the Transitional Regulations (questions deemed to have been determined and treatment of income) at the end there shall be added the following paragraph —
6
For the purposes of determining a claimant’s entitlement to income support for a period commencing on or after 11th April 1988, regulation 43 of the General Regulations (notional earnings of seasonal workers) shall apply for the purposes of determining a person’s earnings in the period of his off-season or last period of normal employment beginning before that date as if that regulation and Parts IV and V of the General Regulations (applicable amounts and income and capital) were in force throughout that period.
.
Insertion of new regulation 7A into the Transitional Regulations
4
After regulation 7 of the Transitional Regulations (transitional payments for former beneficiaries) there shall be inserted the following regulation —
Transitional payments for persons claiming supplementary benefit
7A
1
Except where regulation 7 applies (transitional payments for former beneficiaries), where a person makes a claim for supplementary benefit in the week commencing 4th April 1988 and, but for regulation 7(1)(a) of the Supplementary Benefit (Determination of Questions) Regulations 1980 (date of commencement of entitlement), he would have been entitled to supplementary benefit for a week beginning with the day on which the claim is made, he shall, if —
a
he is entitled to income support on the first day of his second benefit week; and
b
he is a person to whom income support is payable in arrears,
be entitled to a transitional payment of income support in respect of a period of, or two consecutive periods of, 7 days determined in accordance with paragraph (2).
2
For the purposes of paragraph (1) —
a
in the case of an unemployed person, the transitional payment shall be in respect of two consecutive periods of 7 days commencing with the first day of his second benefit week;
b
in any other case, the transitional payment shall be in respect of the period of 7 days commencing with the first day of his second benefit week.
3
Subject to paragraph (4), the amount of the transitional payment in respect of any such period shall be equal to the amount of income support payable in arrears for the benefit week or, in the case of a claimant whose entitlement to income support is for a period of less than a benefit week, the amount which would have been payable had he been entitled to income support for the benefit week, commencing in the same calendar week as the period of seven days in respect of which the transitional payment is made.
4
Where a person is entitled to income support for a period falling before the first day of his second benefit week, the amount of the transitional payment shall be reduced by the amount of income support payable for that period.
5
The transitional payment shall be made in advance and, in a case to which paragraph (2)(a) applies, the transitional payment may be made in two instalments if it appears to the Secretary of State to be appropriate in the circumstances of the particular case.
6
In calculating the income of a person entitled to a transitional payment under this regulation for the purpose of determining his entitlement to income support in respect of any day for which income support becomes payable to him in arrears there shall be disregarded any transitional payment payable to him under this regulation.
7
Where a person is entitled to a transitional payment under this regulation or, but for his being a person to whom income support is payable in advance, would have been so entitled, Part II shall apply to him —
a
as if he were a former beneficiary who had been entitled to supplementary benefit in the first benefit week; and
b
as if that benefit week began on the day on which the claim for supplementary benefit was made.
8
Where paragraph (7) applies, the amount of supplementary benefit to which that person is, for the purposes of Part II, to be treated as entitled shall be equal to the amount which would have been payable in the first benefit week had he been entitled to supplementary benefit for that week.
.
Amendment of regulation 9 of the Transitional Regulations
5
In regulation 9 of the Transitional Regulations (total benefit income) —
a
in paragraph (2) at the end there shall be added the words “but this paragraph shall not apply where the change of circumstances is the admission to hospital of the person in his second benefit week”;
b
after paragraph (8) there shall be added the following paragraph —
9
For the purposes of paragraph (1)(a) or (6)(a), where a claimant is a person to whom regulation 8 of the Requirements Regulations or regulation 22 of the General Regulations (reductions in certain cases of unemployment disqualification) applies, the amount of supplementary benefit or income support to be taken into account shall be the amount to which the claimant would have been entitled but for that regulation.
.
Amendment of regulation 11 of the Transitional Regulations
6
In regulation 11(2) of the Transitional Regulations (special provisions for patients) at the end there shall be added the words “and the amount of his partner’s total benefit income in his partner’s second benefit week”.
Amendment of regulation 12 of the Transitional Regulations
7
In regulation 12 of the Transitional Regulations (special provisions for persons in board and lodging accommodation and hostels)
a
in paragraph (1) for the words “a period of less than 13 weeks which includes his first and second benefit weeks” there shall be substituted the words “a period not exceeding 13 weeks which includes his first or second benefit week (or both)”;
b
in paragraph (4) after the words “Regulation 14(3)” there shall be inserted the words “and (4)”.
Amendment of regulation 13 of the Transitional Regulations
8
In regulation 13 of the Transitional Regulations (special provisions for persons in residential care and nursing homes) —
a
in paragraph (3) after the words “paragraph (2)” there shall be inserted the words “(6) or (8)”;
b
in paragraph (4) —
i
the words “except in the circumstances specified in paragraph 16 or 18 of column (1) of Schedule 7 to the General Regulations (applicable amounts in special cases)” shall be omitted;
ii
at the end there shall be added the words “except where he ceases or, as the case may be, he and his family cease, to reside in the home in the circumstances specified in paragraph 16 or 18 of column (1) of Schedule 7 to the General Regulations (applicable amounts in special cases) and he intends or, as the case may be, they intend to return to the home”;
c
in paragraph (5) for the words “first and second benefit weeks” there shall be substituted the words “first or second benefit week (or both)”;
d
in paragraph (8) for the words from and including “a transitional addition” to the end there shall be substituted the following —
a
a transitional addition equal to the amount to which he was entitled immediately before his period of temporary absence less, if his applicable amount would have increased had he not been absent, the amount of the increase; and for the purposes of this sub-paragraph, any increase in the amount of personal expenses where a personal expenses addition is in payment shall be disregarded;
b
a personal expenses addition equal to the amount to which he was entitled immediately before his period of temporary absence less, if the amount of personal expenses applicable in his case under paragraph 13 of Schedule 4 to the General Regulations would have increased had he not been absent, the amount of that increase.
.
Amendment of regulation 14 of the Transitional Regulations
9
In regulation 14 of the Transitional Regulations (reduction and termination of transitional and personal expenses addition) —
a
in paragraph (1)(a) at the end there shall be added the words “but this sub-paragraph shall not apply to an increase to which regulation 13(3) applies (increase in personal expenses)”;
b
in paragraph (1)(b) after the words “transitional addition” there shall be inserted the words “or, as the case may be, to a transitional addition and special transitional addition”;
c
after paragraph (1) there shall be added the following paragraphs —
1A
Notwithstanding paragraph (1)(a) or (d) where regulation 22 of the General Regulations (reductions in applicable amounts) ceases to apply to the claimant and as a result his applicable amount increases, his transitional addition shall not be reduced by the amount of that increase.
1B
Notwithstanding paragraph (1) (a) or (d) where a person has entered accommodation referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) of the General Regulations (special cases), or a residential care home or nursing home, for a period of 8 weeks or less and as a result his applicable amount increases, his transitional addition shall not be reduced by the amount of that increase.
;
d
in paragraph (3) for all the words after the word “shall”, there shall be substituted the words —
“if he becomes re-entitled to income support not more than 8 weeks after the day on which he has ceased to be so entitled, in the benefit week in which he becomes re-entitled, be re-entitled to a transitional addition of an amount equal to the amount of the transitional addition to which he was previously entitled subject to any reduction in that amount which would have occurred under paragraph (1)(a) had he remained entitled to income support.”.
e
in paragraph (4) for all the words after the word "shall," there shall be substituted the words —
“if not more than 8 weeks after the day on which he ceased to be so entitled neither the reason in sub-paragraph (a) nor (b) applies to him, be re-entitled to a transitional addition of an amount equal to the amount by which his total benefit income in his first benefit week exceeds his total benefit income in the benefit week in which neither sub-paragraph applies to him, or the amount to which he was previously entitled, whichever is the lower.”.
Amendment of regulation 15 of the Transitional Regulations
10
In regulation 15 of the Transitional Regulations (special transitional addition) —
a
in paragraph (1) —
i
after the words “Part IV of the General Regulations (applicable amounts)” there shall be inserted the words “in his second benefit week”;
ii
at the end there shall be added the words “(if any)”;
b
in paragraph (3), after sub-paragraph (b) there shall be added the following —
or
c
in the case of a claimant who is entitled to income support as well as a transitional addition he ceases to be entitled to income support and a transitional addition for a reason other than that his applicable amount under Part IV of the General Regulations does not exceed his income; or
d
in the case of a claimant who is entitled to a transitional addition and a special transitional addition he would not, if he claimed, be entitled to income support for a reason other than that his applicable amount under Part IV of the General Regulations does not exceed his income; or
e
he would, but for this sub-paragraph, be entitled only to a special transitional addition and he would not, if he claimed, be entitled to income support for a reason other than that his applicable amount does not exceed his income; or
f
the amount of his special transitional addition is reduced to nil by virtue of paragraph (2).
;
c
in paragraph (4) —
i
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
by virtue of paragraph (3)(a), (c), (d) or (e) he shall be re-entitled to such an addition of the same amount as previously if, not more than 8 weeks after the day on which he ceased to be so entitled, he becomes re-entitled to income support or a transitional addition;
;
ii
in sub-paragraph (b) for the words from and including “within 8 weeks” to the end there shall be substituted the words “not more than 8 weeks after the day on which his applicable amount fell to be determined under the provisions of the General Regulations referred to in paragraph (3)(b), those provisions ceased to apply to him.”;
iii
after sub-paragraph (b) there shall be added the following sub-paragraph —
c
by virtue of paragraph (3)(f) he shall be re-entitled to such an addition of the same amount as previously if not more than 8 weeks after the day on which he ceased to be so entitled the reason for the cessation ceased to apply to him.
.
Amendment of regulation 16 of the Transitional Regulations
11
In regulation 16 of the Transitional Regulations (persons not entitled to transitional additions) after paragraph (2) there shall be added the following paragraph —
3
A prisoner within the meaning of regulation 21(3) of the General Regulations (special cases) shall not be entitled to a transitional addition, personal expenses addition or special transitional addition.
.
Consequential amendment of regulation 7C of the Child Benefit (General) Regulations 1976
12
In regulation 7C of the Child Benefit (General) Regulations 1976 for the words “a supplementary allowance under the Supplementary Benefits Act 1976” there shall be substituted the words “income support under Part II of the Social Security Act 1986 ”.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
16th March 1988


text:
PART I
PRELIMINARY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Spirits (Rectifying, Compounding and Drawback) Regulations 1988 and shall come into force on 1st December 1988.
2
In these Regulations, unless the context otherwise requires —
“compounder” means a person holding a licence as a compounder under section 18 of the Alcoholic Liquor Duties Act 1979 ;
“officer” means the proper officer of Customs and Excise;
“rectifier” means a person holding a licence as a rectifier under section 18 of the Alcoholic Liquor Duties Act 1979.
3
For the purposes of section 22(4) and (6) of the Alcoholic Liquor Duties Act 1979, “tinctures” means medicinal spirits, flavouring essences, perfumed spirits and British compounded spirits prepared as toilet waters, toilet vinegars, dentifrices, hairwashes and brilliantines.
Revocation
2
Parts II, III , V, VI and regulation 76(2) of the Spirits Regulations 1952 , the Spirits (Removal and Stock Books) Regulations 1967 and the Spirits (Removal and Stock Books) Regulations 1967, etc (Amendment) Regulations 1981 are hereby revoked.
Application
3
1
Part II of these Regulations applies to all rectifiers and compounders, except in respect of operations carried out in an excise warehouse.
2
Part III of these Regulations applies only in respect of claims for drawback on spirits.
PART II
RECTIFIERS AND COMPOUNDERS
Entry
4
No person shall begin to carry on the business of a rectifier or of a compounder until he has made entry of the premises, rooms, places, fixed vessels and plant which he intends to use for keeping, rectifying or compounding spirits.
Changes not in accordance with existing entry
5
A rectifier or compounder —
a
shall not alter, move or add to any entered premises, rooms, places, fixed vessels and plant in any way not in accordance with the entry thereof, unless he has given to the Commissioners 7 clear days' notice of his intention to do so; and
b
shall make entry of any premises, rooms, places, fixed vessels and plant which have been altered, moved, added or added to, which he intends to use for keeping, rectifying or compounding spirits before he uses them for that purpose.
Marking
6
A rectifier or compounder shall, if so required by the officer, legibly mark on every vessel in the entered premises the capacity of the vessel in litres and the quantity and strength of spirits contained therein.
Stock account
7
A rectifier or compounder shall —
a
keep at his premises a stock account in a form approved by the officer;
b
on receiving or sending out any spirits, enter in the stock account such particulars as the officer may require, and those particulars shall be entered at or within such time as the officer may require;
c
retain the stock account for not less than 2 years from the date of the last entry in it; and
d
produce the stock account when required to do so by the officer, and permit him to make notes in it or take copies or extracts from it.
Account of spirits
8
A rectifier or compounder shall permit the officer to take an account of the spirits in stock at any time.
PART III
DRAWBACK
Records
9
A rectifier or compounder shall in respect of his business as such —
a
keep such records as the officer may require, and preserve all records for not less than 2 years at his trade premises or such other premises as the officer may approve;
b
produce the records to the officer at such place and time as the officer may reasonably require, and allow the officer to inspect, copy, or take extracts from the records, and to remove the records at a reasonable time and for a reasonable period.
Notices, declarations and packing
10
A rectifier or compounder intending to warehouse, export, ship as stores, or remove to the Isle of Man, any British compounded spirits or spirits of wine on drawback shall —
a
give to the officer 24 hours' notice in writing, specifying the place and time at which he intends to pack the goods;
b
produce them for examination by an officer at the place and time specified in the notice before they are packed; and
c
ensure that the vessels and containers in which the goods are packed are secured and marked in such manner as the officer may require.
Representative sample
11
Before a sample is taken by an officer from any vessel containing British compounded spirits or spirits of wine, the rectifier or compounder shall be given an opportunity to stir up and mix the contents of that vessel.
Conditions in respect of payment of drawback
12
Where drawback is allowed on any British compounded spirits or spirits of wine, it shall be on condition that —
a
if requested to do so by the officer the rectifier or compounder shall provide proof of the warehousing, exportation, shipment as stores or removal to the Isle of Man of the goods in respect of which drawback has been claimed; and
b
where it appears to the Commissioners that the amount of drawback paid in response to a claim was greater than the amount payable, the rectifier or compounder shall repay on demand the amount which appears to the Commissioners to have been overpaid.
P.G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
14th October 1988


text:
1
This Order may be cited as the Combined Probation Areas (Northumbria) Order 1988 and shall come into force on 1st April 1988, except that for the purpose of making any appointment under article 3(2) below to have effect from 1st April 1988 this Order shall come into force forthwith.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Northumbria Probation Committee shall be amended by —
a
omitting the entry in column 1 in respect of the group of petty sessions areas comprising Berwick-Upon-Tweed, Coquetdale and Glendale Ward; and
b
inserting in alphabetical order —
i
in column 1 “Berwick-Upon-Tweed” and corresponding to this in column 3 “1”, and
ii
in column 1 “Coquetdale” and corresponding to this in column 3 “1”.
3
1
The two justices appointed to be members of the Northumbria Probation Committee by the justices for the group of petty sessional divisions comprising Berwick-Upon-Tweed, Coquetdale and Glendale Ward before the two divisions of Berwick-Upon-Tweed and Glendale Ward were combined to form a new division known as the Berwick-Upon-Tweed division shall cease to hold office as members of that Committee but shall be eligible for re-appointment.
2
The justices for each of the new division of Berwick-Upon-Tweed and the existing division of Coquetdale shall appoint one of their number to serve, with effect from 1st April 1988, as a member of the Northumbria Probation Committee; and the two members so appointed shall hold office until 30th November 1989 and shall then cease to hold office but shall be eligible for re-appointment.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
17th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 2) Regulations 1988 and shall come into force on 15th January 1989.
Amendment of the National Health Service (General Dental Services) Regulations 1973
2
In regulation 23(1) of the National Health Service (General Dental Services) Regulations 1973 (Statement of Dental Remuneration) —
a
in column 1 (Determination) below“ VA ”, there shall be inserted“VB”; and
b
in column 2 (subject matter of determination) there shall be inserted, so as to relate to determination VB,“Partial reimbursement of expenses incurred, or likely to be incurred, in setting up or expanding a practice in an area where there is a shortage of dentists providing general dental services;”.
Signed by authority of the Secretary of State for Health.
R. N. Freeman
Parliamentary Under-Secretary of State,
Department of Health
22nd December 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road 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 the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local 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 purposes of through traffic.
4
The length of the trunk road described in Schedule 2 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 Hereford and Worcester that the new trunk road is open for through traffic.
5
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes 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;
ii
“the deposited plan”
means the plan numbered HA 10/127/1WM, marked “The (A435) Bath — Lincoln Trunk Road (Sedgeberrow Bypass) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iv
“the trunk road”
means the Bath — Lincoln Trunk Road (A435)
6
This Order shall come into force on 29th April 1988 and may be cited as the (A435) Bath — Lincoln Trunk Road (Sedgeberrow Bypass) Order 1988.
Signed by the authority of the Secretary of State
H. F. Ellis-Rees
Regional Director West Midlands Region
Department of Transport
17th March 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Napier College of Commerce and Technology (Change of Name) Regulations 1988 and shall come into force on 8th September 1988.
2
In these Regulations “the principal Regulations ” means the Napier College of Commerce and Technology (No.2) Regulations 1985( ).
Change of name of college
2
Napier College of Commerce and Technology shall be re-named and known as “Napier Polytechnic of Edinburgh” .
Amendment of the principal Regulations
3
1
In regulation 2 of the principal Regulations —
a
in the definition of “academic board”, for the words “Napier College of Commerce and Technology” there shall be substituted the words “Napier Polytechnic of Edinburgh” ; and
b
for the definitions of “College” and “governing body” there shall be substituted the following definitions: —
“College” means Napier Polytechnic of Edinburgh; “governing body” means the Governors of Napier Polytechnic of Edinburgh;
.
2
In regulation 3 of the principal Regulations, for the words “the said name” there shall be substituted the words “the name of” The Governors of Napier Polytechnic of Edinburgh “” .
3
In regulation 9(1) of the principal Regulations, for the words “Napier College of Commerce and Technology” there shall be substituted the words “Napier Polytechnic of Edinburgh” .
Supplementary
4
Any reference to Napier College of Commerce and Technology, or to the Governors of Napier College of Commerce and Technology, in an agreement, deed, bond, instrument or other writing, operative or effective immediately before the coming into force of these Regulations, shall be read as a reference to Napier Polytechnic of Edinburgh, or to the Governors of Napier Polytechnic of Edinburgh, respectively, and any like reference to the College or to the Governors shall be construed accordingly; and no rights, interests, obligations or liabilities of any person shall be affected by these Regulations.
Ian Lang
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
11th August 1988


text:
1
This Order may be cited as the London Government Reorganisation (Transfer of Loans) (Amendment) Order 1988 and shall come into force on 11th July 1988.
2
For article 4 of the London Government Reorganisation (Transfer of Loans) Order 1988 there shall be substituted–
4
1
Paragraph 7 of Schedule 13 to the Local Government Act 1972 (accounting requirements) shall apply to the amount of the liability apportioned to each council by article 2(2) as if–
a
that amount had been borrowed by that council to defray expenditure;
b
that expenditure fell to be defrayed from the council’s Housing Revenue Account ; and
c
the fixed period were a period of 33 years commencing with the financial year beginning 1st April 1988.
2
Paragraph 8 of that Schedule (power to borrow during the fixed period for repaying loans) shall apply to the amount referred to in paragraph (1) above as if that amount were money borrowed by that council under paragraph 1(b) of that Schedule and the fixed period were the period mentioned in paragraph (1)(c) above.
3
Paragraph 11 of that Schedule (security for loans) shall apply to the amount referred to in paragraph (1) as if that amount were money borrowed by that council.
4
Paragraphs 12 and 13 of that Schedule (joint borrowing and loans between authorities) shall not be taken to authorise any council mentioned in Schedule 1 to this Order to borrow jointly with, or lend to, any other council so mentioned for the purpose for which that other council is empowered to borrow by virtue of paragraph (2) above.
.
Nicholas Ridley
Secretary of State for the Environment
9th June 1988


text:
Citation and commencement
1
This Order may be cited as the Building Societies (Designated Capital Resources) Order 1988 and shall come into force on 8th February 1988.
Interpretation
2
1
In this Order —
“ the Act ” means the Building Societies Act 1986;
“authorised institution” means an institution which is an authorised institution for the purposes of the Banking Act 1987 ;
“creditors”, in relation to a society, includes members holding shares in the society as regards the principal of their shares and any interest due in respect of those shares;
“shares” means shares which are not deferred shares within the meaning of section 119 of the Act or Schedule 1 to the Building Societies (Authorisation) Regulations 1981 or Schedule 1 to the Building Societies (Authorisation) Regulations (Northern Ireland) 1982 ;
“society” means a building society;
“subordinated debt” means a sum in sterling borrowed on terms which have the effect that no repayment will be made to the lender following the commencement of the winding up of the borrower until any sums due from the borrower to other creditors (apart from any sums due in respect of other subordinated debts) have been paid to those creditors in full.
2
Any reference in this Order to the borrower in respect of any debt shall be interpreted as meaning the person to whom the sum due was advanced, or, where some other person has succeeded to the rights and obligations of the recipient of the advance, that other person, and any reference to the lender shall, subject to paragraph (3) below, be interpreted similarly as meaning the person by whom the sum due was advanced or his successor.
3
In circumstances where a debt is evidenced by a negotiable instrument and the right to enforce the debt is exercisable by a trustee for creditors rather than the holder of the instrument, the holder of the instrument and not the trustee shall be regarded as the lender in respect of the debt.
Capital resources which may be aggregated with reserves
3
Subject to articles 4 and 5 below, the principal amount outstanding of any subordinated debt due from a society shall be aggregated with the society’s reserves for the purpose of the first criterion in section 45(3) of the Act (criteria of prudent management).
4
A subordinated debt shall be aggregated under article 3 above only if, under the terms of the instrument governing the debt —
a
all payments due from the borrower are to be made in sterling; and
b
the debt is only repayable —
i
after a specified term of not less than 5 years and one day, or
ii
in the case of a debt for which no term is specified, after notice of not less than 5 years and one day by either party,
except (if the instrument so provides) where the Building Societies Commission, or, where an authorised institution has succeeded to the debt, the Bank of England, has agreed to earlier repayment.
5
1
Where the repayment of any subordinated debt is due to be completed within five years, only the applicable portion of the principal amount outstanding shall be aggregated under article 3 above.
2
For the purposes of paragraph (1) above, the applicable portion is a fraction of the amount outstanding corresponding to the number of days remaining in the term of the loan expressed as a fraction of the number of days in the last five years of the term.
3
The total amount of subordinated debt aggregated with a society’s reserves under article 3 above shall not exceed 50 per cent. of the amount of the society’s reserves, as shown in the society’s latest balance sheet, and for this purpose“reserves” means —
a
where there is no revaluation reserve shown therein, the total reserves, and
b
where a revaluation reserve is shown therein, the total reserves less that revaluation reserve.
In witness whereof the common seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 29th December 1987.
D. B. Severn
Secretary to the Commission
We consent to this Order.
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
12th January 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) Amendment (No. 2) Regulations 1988 and shall come into force on 1st April 1988.
2
In these Regulations “the principal Regulations ” means the National Health Service (Charges to Overseas Visitors) (No. 2) Regulations 1982 .
Amendment of principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 —
a
for paragraph (3) there shall be substituted the following —
3
Where the services forming part of the health service are provided for an overseas visitor, otherwise than as an in-patient of a health service hospital, at, or by staff employed to work at or under the direction of a hospital of any class, there shall be made and recovered, in respect of each occasion on which such services are provided, a charge the amount of which shall be —
a
except where it falls to be determined under sub-paragraph (b) below, the sum specified in the column of Schedule 3 covering the class of hospital in which that hospital is included opposite the entry in Column 1 of that Schedule which relates to the services provided;
b
in the case of the procedures to which paragraph 5(i) of Schedule 3 relates, the sum determined by multiplying the number of unit values, specified in Schedule 4 for the group into which the relevant procedure falls, by the appropriate unit charge specified against paragraph 5(i) in the column of Schedule 3 covering the class of hospital in which that hospital is included.
b
After paragraph (4) there shall be added the following paragraph —
5
For the purposes of paragraph (2) and Schedule 2, a “single room” means a room used for the accommodation of one patient only, such room having a floor area of not less than 10 square metres (or 8 square metres where a room is for the accommodation of a child under the age of 10 years) and being completely enclosed by walls or partitions and doors and having been decorated within the previous 7 years.
3
For Schedule 2 (daily charges for services provided for overseas visitors as in-patients) there shall be substituted the Schedule set out as Schedule 1 to these Regulations.
4
For Schedule 3 (charges for services provided for overseas visitors otherwise than as in-patients) there shall be substituted the Schedule set out as Schedule 2 to these Regulations.
5
For Schedule 4 (units of cost value for purpose of determining charges for radiodiagnosis examination procedures) there shall be substituted the Schedule set out as Schedule 3 to these Regulations.
Revocations
3
The following Regulations are hereby revoked: —
a
The National Health Service (Charges to Overseas Visitors) Amendment Regulations 1983 , regulations 2 and 5;
b
The National Health Service (Charges to Overseas Visitors) Amendment Regulations 1987 , regulation 2(3) and (4) and Schedules 1 and 2;
c
The National Health Service (Charges to Overseas Visitors) Amendment Regulations 1988 , regulation 2(3).
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
8th March 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines 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 trunk roads 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 maintable 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 purposes of through traffic.
4
In this Order —
All measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” means the plan folio numbered HA 10/2-/N210 marked “The (A696) Newcastle-Edinburgh Trunk Road (Woolsington Bypass and Slip Roads) Order 1988”, containing one map numbered 1, 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 new trunk roads” means the main new trunk road and the slip roads and “a new trunk road” means one of those highways; and
iii
“the Trunk Road” means the (A696) Newcastle-Edinburgh Trunk Road.
5
This Order shall come into force on 16th June 1988 and may be cited as the (A696) Newcastle-Edinburgh Trunk Road (Woolsington Bypass and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
J. A. Owen
Regional Director Northern Region
Department of Transport
13th May 1988


text:
Citation, commencement and application
1
1
This Order may be cited as the Grants by Local Housing Authorities (Eligible Expense Limits) Order 1988, and comes into force on 1st September 1988.
2
This Order applies to any application for an improvement, intermediate, special or repairs grant which is made after 1st September 1988.
Interpretation
2
1
In this Order —
“ the Act ” means the Housing Act 1985, and
“listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under section 54 of the Town and Country Planning Act 1971 , and a reference to a grade is to the grade indicated in respect of a building in such a list.
2
In this Order a reference to a dwelling which is a listed building includes a reference to a dwelling which is in or which is to be provided by the conversion of a listed building.
Standard amenities
3
The provisions of section 508(1) of the Act are varied by substituting the following table for the Table contained in that section —
TABLE
Description of amenity Maximum eligible amount Premises in Greater London Premises elsewhere £ £
A fixed bath or shower (see Notes 1 and 2) 590 450 A wash-hand basin 230 170 A sink 590 450 A hot and cold water supply at a fixed bath or shower (see Notes 1 and 2) 750 570 A hot and cold water supply at a wash-hand basin 390 305 A hot and cold water supply at a sink 500 385 A water closet (see Note 3) 890 680
Improvement grants
4
1
In relation to a dwelling of a description set out in Tables 1 and 2 below there are prescribed —
a
for the purposes of section 472(2)(a) of the Act (conversion of a building of three storeys or more), the amounts set out in Table 1, and
b
for the purposes of section 472(2)(b) of the Act (other cases), the amounts set out in Table 2.
2
In Tables 1 and 2 below —
“category A” applies to any dwelling which on the date on which the application for the grant is approved is covered by one or more of the following descriptions: —
a
it is in a housing action area;
b
it is or forms part of a house in relation to which the local authority have served a notice under section 189(1) (repair notice in respect of unfit house) or section 264(1) (notice of unfit premises beyond repair at reasonable cost) of the Act and the relevant works consist of or include works which if executed would contribute towards rendering the house fit for human habitation;
c
it is in need of works of repair of a substantial and structural character and the relevant works consist of or include such works;
d
it is a dwelling for a disabled occupant and the relevant works consist of or include works needed to meet a requirement arising from the particular disability from which he suffers; and
“category B” applies to any dwelling other than one to which category A applies.
3
In paragraph (2) a reference to a dwelling includes a reference to a dwelling which is to be provided by the conversion of a dwelling.
TABLE 1
Prescribed amounts for the purposes of section 472(2)(a)
Dwellings in Greater London> Dwellings elsewhere Category A Category B Category A Category B £ £ £ £
PART I
Dwellings which are not listed buildings
19,600 12,700 14,500 9,400 PART II
Dwellings which are listed buildings of the following grades: —
Grade I
21,680 14,920 16,540 11,540
Grade II*
20,820 14,060 15,680 10,680
Grade II
(Unstarred)
20,200 13,440 15,060 10,060
TABLE 2
Prescribed amounts for the purposes of section 472(2)(b)
Dwellings in Greater London Dwellings elsewhere Category A Category B Category A Category B £ £ £ £
PART I
Dwellings which are not listed buildings
16,900 11,000 12,600 8,100 PART II
Dwellings which are listed buildings of the following grades: —
Grade I
19,040 13,160 14,620 10,220
Grade II*
18,180 12,300 13,770 9,360
Grade II
(Unstarred)
17,540 11,660 13,130 8,720
Intermediate grants
5
1
The amounts of —
a
£4,850 in respect of dwellings in Greater London, and
b
£3,450 in respect of dwellings elsewhere,
are prescribed for the purposes of section 481(2) of the Act.
2
The amounts of —
a
£485 in respect of dwellings in Greater London, and
b
£345 in respect of dwellings elsewhere,
are prescribed for the purposes of section 481(3) of the Act as the amount to be multiplied by the number of standard amenities to be provided.
3
The amounts of —
a
£1,930 in respect of dwellings in Greater London, and
b
£1,380 in respect of dwellings elsewhere,
are prescribed for the purposes of section 481(3) of the Act as the maximum to which the amount prescribed by paragraph (2), multiplied by the number of standard amenities to be provided, is subject.
Special grants
6
1
The amounts of —
a
£14,000 in respect of houses in multiple occupation in Greater London, and
b
£10,500 in respect of houses in multiple occupation elsewhere,
are prescribed for the purposes of section 489(3) of the Act as the maximum amounts of the contributory element as regards the provision of means of escape from fire.
2
The amounts of —
a
£4,850 in respect of houses in multiple occupation in Greater London, and
b
£3,450 in respect of houses in multiple occupation elsewhere,
are prescribed for the purposes of section 489(4) of the Act as the maximum amounts of the contributory element as regards works of repair and replacement.
Repairs grants
7
1
The amounts mentioned in paragraph (2) are prescribed as the limits of eligible expense for the purposes of section 497(1) of the Act in relation to the descriptions of dwellings set out in that paragraph.
2
The prescribed amounts are: —
a
in respect of a dwelling which is not a listed building, £7,600 where the dwelling is in Greater London and £5,000 where it is elsewhere;
b
in respect of a dwelling which is a Grade I listed building, £8,600 where the building is in Greater London and £6,530 where it is elsewhere;
c
in respect of a dwelling which is a Grade II* listed building, £8,200 where the building is in Greater London and £6,130 where it is elsewhere; and
d
in respect of a dwelling which is a Grade II (Unstarred) listed building, £7,890 where the building is in Greater London and £5,820 where it is elsewhere.
Nicholas Ridley
Secretary of State for the Environment
18th July 1988
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
19th July 1988


text:
1
This Order may be cited as the Education (Higher Education Corporations) Order 1988 and shall come into force on 20th November 1988.
2
In this Order“the nominating authority” means the local authority entitled to nominate one or more local authority nominees as initial nominee members of a corporation.
3
The institutions specified in the Schedule to this Order are institutions maintained by local education authorities which appear to the Secretary of State to fall within section 121(2) of the Education Reform Act 1988.
4
In relation to the higher education corporations established under section 121 of the said Act of 1988 by virtue of this Order the transfer date for the purposes of section 126 of that Act shall be 1st April 1989.
5
In relation to each such higher education corporation the local authority specified in the said Schedule in respect of the institution the corporation is established to conduct shall be the nominating authority for the number of initial nominee members so specified.


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Functions (Directions to Authorities and Administration Arrangements) Amendment Regulations 1988 and shall come into force on 6th June 1988.
Amendment of Regulations
2
1
Regulation 10 of the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1982 (arrangements by District Health Authorities for exercise of functions) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) the words “the following paragraph of this regulation, to” shall be omitted.
3
After paragraph (1) there shall be added the following paragraph–
1A
Subject to any directions which may be given by the Secretary of State, functions of a District Authority exercisable by virtue of an order under section 103(1) of the Act may by arrangement with that Authority be exercised on its behalf by a Family Practitioner Committee.
.
Signed by Authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
10th May 1988