text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Royal Ballet School) Regulations 1989 and shall come into force on 27th March 1989.
Payment of grant
2
The Secretary of State may before 31st March 1989 pay a grant of such amount as he may determine to the governors of the Royal Ballet School, London, (“the governors”) in respect of expenditure to be incurred by them on or in connection with the provision or alteration of buildings for the purposes of the School.
Conditions of payment
3
The payment of grant under these Regulations shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where grant is paid under these Regulations the governors shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums representing the value of buildings provided or altered with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State.
Kenneth Baker
Secretary of State for Education and Science
6th March 1989


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Port of London Authority Harbour Revision Order 1989 and shall come into force on 3rd May 1989.
Amendment of Port of London Act 1968
2
The limits within which the Port of London Authority have jurisdiction by virtue of the Port of London Act 1968 are hereby altered to exclude the area described in the Schedule to the Medway Ports Authority Harbour Revision Order 1989 ; and accordingly paragraph 2 of Schedule 1 to that Act shall be amended by the insertion at the end of sub-paragraph (a) of the words “or the area described in the Schedule to the Medway Ports Authority Harbour Revision Order 1989”.
Signed by authority of the Secretary of State
J. D. Noulton
An Under Secretary in the
Department of Transport
2nd May 1989


text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order 1989 and shall come into force on 1st August 1989.
2
The Value Added Tax (Cars) Order 1980 shall be amended as follows–
a
in article 4(1), after sub-paragraph (c) there shall be inserted–
cc
the motor car is unused and is supplied to, or imported by, a taxable person whose business includes the production of motor cars (other than the production of motor cars solely by the conversion of vehicles) and is for the purpose of research and development to be carried out by him; or
;
b
in article 5(3) for the words after “except where” there shall be substituted the words–
“the Commissioners are satisfied that the motor car is, or is to be, used solely for the purpose of research and development in his business as a producer of motor cars (other than as a producer of motor cars solely by the conversion of vehicles).”.
Stephen Darrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment No. 3 Regulations 1989 and shall come into force on 10th December 1989.
2
In these Regulations “the principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Amendment of regulation 7 of the principal Regulations
2
In regulation 7 of the principal Regulations (days not to be treated as days of unemployment) —
a
in paragraph (1), after sub-paragraph (n) there shall be added the following sub-paragraph —
o
subject to regulation 9, a day shall not be treated as a day of unemployment in relation to any person, if —
i
it falls within a period of 7 days (including Sundays) ending on the week-day corresponding to the particular week-day specified in a written notice last given to him by the Secretary of State for the purpose of his claiming unemployment benefit; and
ii
his earnings in respect of that period are equal to or exceed the weekly lower earnings limit for the time being specified for Class 1 contributions under the Act.
;
b
in paragraph (2) for the words “Paragraph (1)(e) shall not apply to a person unless” there shall be substituted the words “Paragraph (1)(e) shall apply to a person if his earnings in the week in which the day falls exceed £12.00 and either”;
c
after paragraph (5) there shall be inserted the following paragraph —
5A
For the purposes of paragraph (1)(o), where during a period of 7 days the lower earnings limit changes reference shall be made to the lower earnings limit specified at the end of that period.
;
d
in paragraph (6), in the definition of “week”, after the word “week” there shall be inserted the words “, except in paragraphs (1)(e) and (2),”.
Amendment of regulation 9 of the principal Regulations
3
In regulation 9 of the principal Regulations (persons deemed to be available for employment in employed earner’s employment) for the reference “regulation 7(1)(g)” there shall be substituted the reference “regulation 7(1)(g) and (o)”.
Amendment of regulation 19 of the principal Regulations
4
In regulation 19(3) of the principal Regulations (modifications of normal idle day rule) after sub-paragraph (d) there shall be inserted the following —
or
e
the person’s earnings in that week are £12.00 or less,
.
Signed by authority of the Secretary of State for Social Security
Gillian Shephard
Parliamentary Under-Secretary of State
Department of Social Security
16th November 1989


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Amendment No. 2 Order 1989 and shall come into force on 13th November 1989.
Amendment of the principal Order
2
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Order 1989 shall be further amended–
a
by omitting from the Schedule to that Order (the designated area) the areas described in Schedule 1 to this Order;
b
by inserting in the Schedule to that Order at the end the further areas described in Schedule 2 to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th November 1989.
Grant Meekings
Assistant Secretary Ministry of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Petty Sessional Divisions (Harrow) Order 1989 and shall come into force on 1st July 1989.
2
The petty sessions area of Harrow shall cease to be so named and shall henceforth be known as the petty sessions area of Harrow Gore.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
28th June 1989


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1989 and shall come into force on 3rd April 1989.
2
Paragraph (2) of regulation 24 (Disabilities) of the Motor Vehicles (Driving Licences) Regulations 1987 shall be amended as follows–
a
in sub-paragraph (a) for the words “to have effect” there shall be substituted the word “granted”; and
b
for sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
in the case of an applicant who has had an epileptic attack or attacks only whilst asleep during that period–
i
he shall have had an epileptic attack whilst asleep more than three years before the date the licence is granted; and
ii
he shall have had no epileptic attack or attacks whilst awake but only whilst asleep since he had that attack; and
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
8th March 1989


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) Regulations 1989 and shall come into force on 1st August 1989.
2
In these Regulations —
“the principal Regulations ” means the Value Added Tax (General) Regulations 1985 .
3
For regulation 19 of the principal Regulations there shall be substituted the following —
19
1
Subject to paragraph (2) below, where the grant of a tenancy or lease is a supply of goods by virtue of paragraph 4 of Schedule 2 to the Act, and the whole or part of the consideration for that grant is payable periodically or from time to time, goods shall be treated as separately and successively supplied at the earlier of the following times —
a
whenever a part of the consideration is received; or
b
whenever the supplier issues a tax invoice relating to the grant.
2
Where in respect of the grant of a tenancy or lease such as is mentioned in paragraph (1) above the supplier, at or about the beginning of any period not exceeding one year, issues a tax invoice containing, in addition to the particulars specified in regulation 13, the following particulars —
a
the dates on which any parts of the consideration are to become due for payment in the period;
b
the amount payable (excluding tax) on each such date; and
c
the rate of tax in force at the time of the issue of the tax invoice and the amount of tax chargeable in accordance with that rate on each of such payments,
goods shall be treated as separately and successively supplied whenever a payment in respect of the tenancy or lease becomes due or is received, whichever is the earlier.
3
Where, on or before any of the dates that a payment is due as stated on an invoice issued as described in paragraph (2) above, there is a change in the tax chargeable on supplies of the description to which the invoice relates, that invoice shall cease to be treated as a tax invoice in respect of any such supplies for which payments are due after the change.
.
4
For regulation 20 of the principal Regulations there shall be substituted the following —
Supplies of water, gas or any form of power, heat, refrigeration or ventilation
20
1
Subject to paragraphs (2) and (3) below a supply of —
a
water other than —
i
distilled water, deionised water and water of similar purity, and
ii
water comprised in any of the excepted items set out in Group 1 of Schedule 5 to the Act; or
b
coal gas, water gas, producer gases or similar gases; or
c
any form of power, heat, refrigeration or ventilation,
shall be treated as taking place whenever a payment in respect of the supply is received, or a tax invoice relating to the supply is issued by the supplier, whichever is the earlier.
2
Subject to paragraph (3) below, where the whole or part of the consideration for a supply such as is described in paragraph (1)(a) or (b) above or of power in the form of electricity is determined or payable periodically or from time to time, goods shall be treated as separately and successively supplied at the earlier of the following times —
a
whenever a part of the consideration is received; or
b
whenever the supplier issues a tax invoice relating to the supply.
3
Where such separate and successive supplies as are described in paragraph (2) above are made under an agreement which provides for successive payments, and the supplier at or about the beginning of any period not exceeding one year, issues a tax invoice containing, in addition to the particulars specified in regulation 13, the following particulars —
a
the dates on which payments under the agreement are to become due in the period
b
the amount payable (excluding tax) on each such date; and
c
the rate of tax in force at the time of issue of the tax invoice and the amount of tax chargeable in accordance with that rate on each of such payments,
goods shall be treated as separately and successively supplied whenever payment in respect of the supply becomes due or is received, whichever is the earlier.
4
Where, on or before any of the dates that a payment is due as stated on an invoice issued as described in paragraph (3) above, there is a change in the tax chargeable on supplies of the description to which the invoice relates, that invoice shall cease to be treated as a tax invoice in respect of any such supplies for which payments are due after the change.
.
5
For regulation 23 of the principal Regulations there shall be substituted the following —
23
1
Subject to paragraph (2) below, where services are supplied for a period for a consideration the whole or part of which is determined or payable periodically or from time to time, they shall be treated as separately and successively supplied at the earlier of the following times —
a
whenever a payment in respect of the supplies is received; or
b
whenever the supplier issues a tax invoice relating to the supplies.
2
Where such separate and successive supplies of services as are described in paragraph (1) above are made under an agreement which provides for successive payments, and the supplier at or about the beginning of any period not exceeding one year, issues a tax invoice containing, in addition to the particulars specified in regulation 13, the following particulars —
a
the dates on which payments under the agreement are to become due in the period
b
the amount payable (excluding tax) on each such date; and
c
the rate of tax in force at the time of issue of the tax invoice and the amount of tax chargeable in accordance with that rate on each of such payments,
services shall be treated as separately and successively supplied whenever a payment in respect of them becomes due or is received, whichever is the earlier.
3
Where, on or before any of the dates that a payment is due as stated on an invoice issued as described in paragraph (2) above, there is a change in the tax chargeable on supplies of the description to which the invoice relates, that invoice shall cease to be treated as a tax invoice in respect of any such supplies for which payments are due after the change.
.
6
Regulation 31(2)(a) of the principal Regulations shall be amended by deleting the words “or licensed deposit taker”.
New King’s Beam House22 Upper GroundLondon SE1 9PJ
Peter Jefferson Smith
Commissioner of Customs and Excise
6th July 1989


text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and Other Reliefs) Order 1989 and shall come into force on 1st January 1990.
2
In this Order — references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ; references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987 in relation to the goods;
“the EEC Regulations ” means Commission Regulation ( EEC ) No.3749/83 , Council Regulation (EEC) No.2955/85 and Commission Regulation (EEC) No.2466/86 on the concept of originating products.
2
1
Up to and including 31st December 1990, no customs duty shall be charged on goods —
a
which fall within a heading or subheading in Part I of Schedule I hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of any goods falling within any of the headings 7207, 7208, 7209, 7210, 7211, 7212, 7213, 7214, 7215 or 7228 originating in China nor in respect of any goods originating in Yugoslavia.
2
Up to and including 31st December 1990, no customs duty shall be charged on goods —
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
3
Up to and including 31st December 1990, no customs duty shall be charged on goods which fall within the headings 7209 or 7219 and originate in Romania.
4
Paragraphs (1), (2) and (3) above shall only apply to goods in respect of which an importer delivers an entry thereof for home use (within the meaning of section 37 of the Customs and Excise Management Act 1979 and regulation 13 of the Customs Warehousing Regulations 1979 ) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1990 accompanied by such documents as may be required under the provisions of the EEC Regulations.This paragraph shall not apply in respect of any goods falling within the headings 7207, 7211 or 7212 originating in Yugoslavia.
3
1
Up to and including 31st December 1990, no customs duty shall be charged on goods falling within a heading or subheading specified in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this article the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Article 4 of the Customs Duties Quota Relief (Administration) Order 1986 shall apply for the purposes of this article subject to the modification that the application for relief from customs duty shall be accompanied by such documents as may be required under the provisions of the EEC Regulations.
4
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto or Romania if they are to be regarded as so originating by virtue of the EEC Regulations.
Trefgarne
Minister for Trade
Department of Trade and Industry
20th December 1989


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Health Visitors — Admission to Training) Amendment Rules Approval Order 1989 and shall come into force on 20th February 1989.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
26th January 1989.


text:
1
This Order may be cited as the Arbitration (Foreign Awards) Order 1989 and shall come into force on 1st September 1989.
2
The States listed in the Schedule to this Order are parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards which was adopted on 10th June 1958 and came into force in the United Kingdom of Great Britain and Northern Ireland on 23rd December 1975.
3
The Arbitration (Foreign Awards) (Amendment) Order 1985 and the Arbitration (Foreign Awards) Order 1986 are hereby revoked.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Merger Reference (Atlas Copco AB and Desoutter Brothers (Holdings) plc) Order 1989 and shall come into force at 9.00 a.m. on 21st September 1989.
2
For the purposes of this Order–
a
“associate” means a person associated (within the meaning of section 77(4) of the Fair Trading Act 1973) with Atlas or with any subsidiary of Atlas;
b
“interest in shares” shall include an entitlement, by a person not being the registered holder, to exercise any right conferred by the holding of the shares in question or an entitlement to control the exercise of any such right;
c
“subsidiary” has the same meaning as in section 736 of the Companies Act 1985 ; and
d
“voting shares” means shares in respect of which the holders have the right, either at all times or for the time being, to vote at general meetings of the company in question on all, or substantially all, matters.
2
1
It shall be unlawful for Atlas, any subsidiary of Atlas or any associate–
a
directly or through any nominee or trustee to acquire any shares or interest in shares of Desoutter or any subsidiary of Desoutter in circumstances where Atlas, its subsidiaries and any associate hold, or after the acquisition would hold, directly or indirectly, 15 per cent or more, or an interest in 15 per cent or more, of any class of voting shares of Desoutter or of any subsidiary of Desoutter, or
b
to exercise, directly or indirectly, at any general meeting of, or of any class of the members of, Desoutter or any of its subsidiaries, any voting rights conferred by the holding of shares or attaching to any interest in shares if the aggregate of the voting rights exercised by or on behalf of Atlas, its subsidiaries and any associate would amount to 15 per cent or more of the total of the voting rights exercisable on the resolution in question, or
c
to enter into any agreement or arrangement with any other person with a view to or for the purpose of acting together to secure or exercise control of Desoutter or any of its subsidiaries or of any of the enterprises thereof;
and for the purposes of subparagraph (b) above, the total of the voting rights exercisable on the resolution in question does not include any voting rights which are not exercisable by reason of the application of that subparagraph.
2
Subparagraph (a) of paragraph (1) of this article shall not apply to anything done in pursuance of an agreement to acquire shares or interests in shares made before 9.00 a.m. on 21st September 1989 and legally enforceable against Atlas, its subsidiaries or any associate.
3
1
In the case of a person falling within paragraph (a), (b) or (c) of section 90(3) of the Fair Trading Act 1973, this Order shall extend to his acts and omissions outside the United Kingdom.
2
Nothing in this Order has effect so as to apply to the acts and omissions outside the United Kingdom of any person who does not fall within paragraph (a), (b) or (c) of the said section 90(3); but, where anything (“the first act”) is done by such a person outside the United Kingdom which, by virtue of this Order, would have been unlawful had it been done by him within the United Kingdom, then–
a
if the first act is of a kind described in article 2(1)(a) above, it shall be unlawful for any person–
i
subsequently to acquire any title to or interest in the shares or the interest in shares in question, or
ii
to register, or to take any steps towards registering, a transfer of the shares under section 183 of the Companies Act 1985;
b
if the first act is of a kind described in article 2(1)(b) above, it shall be unlawful for any person to treat a vote as lawfully cast if cast in exercise of the voting rights in question;
c
it shall be unlawful for any person subsequently to do any other thing if that would be devoid of legal effect were the first act unlawful.
J. Redwood
Parliamentary Under Secretary of State,
Department of Trade and Industry
20th September 1989


text:
PART I
GENERAL
Citation and Commencement
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) Regulations 1989 and shall come into force on 22nd May 1989.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Town and Country Planning Act 1971;
“advertisement” does not include anything employed wholly as a memorial or as a railway signal;
“area of outstanding natural beauty” means an area designated as such by an order made under section 87 of the National Parks and Access to the Countryside Act 1949 ;
“area of special control” means an area designated by an order under regulation 18;
“balloon” means a tethered balloon or similar object;
“deemed consent” has the meaning given by regulation 5;
“discontinuance notice” means a notice served under regulation 8;
“express consent” has the meaning given by regulation 5;
“illuminated advertisement” means an advertisement which is designed or adapted to be illuminated by artificial lighting, directly or by reflection, and which is so illuminated;
“National Park” has the meaning given by section 5 of the National Parks and Access to the Countryside Act 1949;
“site” means any land or building, other than any advertisement, on which an advertisement is displayed;
“standard conditions” means the conditions specified in Schedule 1 to these Regulations;
“statutory undertaker” includes, in addition to any person mentioned in section 290(1) of the Act, the Civil Aviation Authority, any relevant airport operator within the meaning of section 57 of the Airports Act 1986 , the British Airports Authority, the British Coal Corporation, any public gas supplier within the meaning of Part I of the Gas Act 1986 and any telecommunications code system operator; and statutory undertaking shall be interpreted accordingly;
“telecommunications code system operator” means a person who has been granted a licence under section 7 of the Telecommunications Act 1984 which applies the telecommunications code to him in pursuance of section 10 of that Act;
“vehicle” includes a vessel on any inland waterway.
2
In these Regulations, “local planning authority” means–
a
for land in the area of an urban development corporation, which is the local planning authority for the purposes of sections 63 and 109 of the Act, and except in regulation 18, that corporation;
b
for land in a National Park outside the metropolitan counties, the county planning authority for the area; and
c
in any other case, the district planning authority for the area.
3
Any reference in these Regulations to the person displaying an advertisement includes–
a
the owner and occupier of the land on which the advertisement is displayed;
b
any person to whose goods, trade, business or other concerns publicity is given by the advertisement; and
c
the person who undertakes or maintains the display of an advertisement.
4
Except in Schedule 2, Class A, any reference in these Regulations to the land, the building, the site or premises on which the advertisement is displayed includes, in the case of an advertisement which is displayed on, or which consists of, a balloon, a reference to the land, the building, the site or other premises to which the balloon is attached and to all land, buildings or other premises normally occupied therewith.
Application
3
1
These Regulations apply to the display on any site in England or Wales of any advertisement.
2
Parts II and III of these Regulations do not apply to an advertisement within any description set out in Schedule 2, which complies with–
i
any conditions and limitations there specified; and
ii
the standard conditions, except that paragraph 4 of Schedule 1 does not apply in the case of any Class G advertisement.
Powers to be exercised in the interests of amenity and public safety
4
1
A local planning authority shall exercise their powers under these Regulations only in the interests of amenity and public safety, taking account of any material factors and in particular–
a
in the case of amenity, of the general characteristics of the locality, including the presence of any feature of historic, architectural, cultural or similar interest, disregarding, if they think fit, any advertisements being displayed there;
b
in the case of public safety–
i
the safety of any person who may use any road, railway, waterway (including coastal waters), docks, harbour or airfield;
ii
whether any display of advertisements is likely to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal, or aid to navigation by water or air.
2
In determining an application for consent for the display of advertisements, or considering whether to make an order revoking or modifying a consent, the local planning authority may have regard to any material change in circumstances likely to occur within the period for which the consent is required or granted.
3
Unless it appears to a local planning authority to be required in the interests of amenity or public safety, an express consent for the display of advertisements shall not contain any limitation or restriction relating to the subject matter, content or design of what is to be displayed.
4
A consent for the display of advertisements shall take effect as consent for the use of the site for the purposes of the display, whether by the erection of structures or otherwise, and for the benefit of any person interested in the site.
Requirement for consent
5
Except as provided by regulation 3(2) and regulation 19(1)(9), no advertisement may be displayed without consent granted by the local planning authority or by the Secretary of State on an application in that behalf (referred to in these Regulations as “express consent”), or granted by regulation 6 below (referred to in these Regulations as “deemed consent”).
PART II
DEEMED CONSENT
Deemed consent for the display of advertisements
6
1
Subject to regulations 7 and 8 below, deemed consent is hereby granted for the display of an advertisement falling within any class specified in Part I of Schedule 3, subject–
a
to any conditions and limitations specified in that Part in relation to that class; and
b
to the standard conditions.
2
Part II of Schedule 3 applies for the interpretation of that Schedule.
Directions restricting deemed consent
7
1
If the Secretary of State is satisfied, upon a proposal made to him by the local planning authority, that the display of advertisements of any class or description specified in Schedule 3, other than Class 11B, 12 or 13, should not be undertaken in any particular area or in any particular case without express consent, he may direct that the consent granted by regulation 6 for that class or description shall not apply in that area or in that case, for a specified period or indefinitely.
2
Before making any such direction, the Secretary of State shall–
a
where the proposal relates to a particular area, publish, or cause to be published, in at least one newspaper circulating in the locality, and on the same or a subsequent date in the London Gazette, a notice that such a proposal has been made, naming a place or places in the locality where a map or maps defining the area concerned may be inspected at all reasonable hours; and
b
where the proposal relates to a particular case, serve, or cause to be served, on the owner and occupier of the land affected and on any other person who, to his knowledge, proposes to display on such land an advertisement of the class or description concerned, a notice that a proposal has been made, specifying the land and the class or description of advertisement in question.
3
Any notice under paragraph (2) above shall state that any objection to the making of a direction may be made to the Secretary of State in writing within such period (not being less than 21 days from the date when the notice is given) as may be specified.
4
The Secretary of State shall not make a direction under this regulation until after the expiry of the specified period.
5
In determining whether to make a direction, the Secretary of State–
a
shall take into account any objections made in accordance with paragraph (3) above;
b
may modify the proposal of the local planning authority if–
i
he has notified, in writing, that authority and any person who has made an objection or representation to him of his intention and the reasons for it and has given them a reasonable opportunity to respond; and
ii
the intended modification does not extend the area of land specified in the proposal.
6
Where the Secretary of State makes a direction, he shall send it to the local planning authority, with a statement in writing of his reasons for making it, and shall send a copy of that statement to any person who has made an objection in accordance with paragraph (3) above.
7
Notice of the making of any direction for a particular area shall be published by the local planning authority in at least one newspaper circulating in the locality and, unless the Secretary of State otherwise directs, on the same or a subsequent date in the London Gazette, and such a notice shall–
a
contain a full statement of the effect of the direction;
b
name a place or places in the locality where a copy of the direction and of a map defining the area concerned may be seen at all reasonable hours; and
c
specify a date when the direction shall come into force, at least 14 and not more than 28 days after the first publication of the notice.
8
Notice of the making of any direction for a particular case shall be served by the local planning authority on the owner and on any occupier of the land to which the direction relates, and on any other person who, to the knowledge of the authority, proposes to display on such land an advertisement of the class or description affected.
9
A direction for an area shall come into force on the date specified in the notice given under paragraph (7) above; and a direction for a particular case shall come into force on the date on which notice is served on the occupier or, if there is no occupier, on the owner of the land affected.
Discontinuance of deemed consent
8
1
The local planning authority may serve a notice requiring the discontinuance of the display of an advertisement, or the use of a site for the display of an advertisement, for which deemed consent is granted under regulation 6–
a
if they are satisfied it is necessary to do so to remedy a substantial injury to the amenity of the locality or a danger to members of the public; and
b
in the case of any advertisement within Class 12 in Schedule 3, if the advertisement is not also within Class F or G in Schedule 2.
2
A discontinuance notice–
a
shall be served on the advertiser and on the owner and occupier of the site on which the advertisement is displayed;
b
may, if the local planning authority think fit, also be served on any other person displaying the advertisement;
c
shall specify the advertisement or the site to which it relates;
d
shall specify a period within which the display or the use of the site (as the case may be) is to be discontinued; and
e
shall contain a full statement of the reasons for taking discontinuance action.
3
Subject to paragraphs (4) and (5) below, a discontinuance notice shall take effect at the end of the period (being at least 8 weeks after the date on which it is served) specified in the notice.
4
If an appeal is made to the Secretary of State under regulation 15, the notice shall be of no effect pending the final determination or withdrawal of the appeal.
5
The local planning authority, by a notice served on the advertiser, may withdraw a discontinuance notice at any time before it takes effect or may, where no appeal to the Secretary of State is pending, from time to time vary a discontinuance notice by extending the period specified for the taking effect of the notice.
6
The local planning authority shall, on serving on the advertiser a notice of withdrawal or variation under paragraph (5) above, send a copy to every other person served with the discontinuance notice.
PART III
EXPRESS CONSENT
Applications for express consent
9
1
An application for express consent shall be made–
a
where it relates to land in a National Park outside a metropolitan county, to the district planning authority; and
b
in any other case, to the local planning authority.
2
In a case to which paragraph (1)(a) above applies–
a
the district planning authority shall transmit the application to the county planning authority; and
b
the application shall be treated as if made on the day on which it is received by the county planning authority.
3
Such an application shall be made on a form–
a
provided by the local planning authority; and
b
containing the particulars required by the form, accompanied by such plans as the authority may require and by 2 copies of the form and plans.
4
The local planning authority may, if they think fit, accept an application in writing which does not comply with any of the provisions of paragraph (3).
Secretary of State’s directions
10
The Secretary of State may give directions to a local planning authority, either generally or in relation to a particular case or class of case, specifying the kinds of particulars, plans or information to be contained in an application for express consent.
Receipt of applications
11
On receipt of an application for express consent, the local planning authority–
a
shall send an acknowledgement in writing to the applicant;
b
may direct the applicant in writing to provide one of their offers with such evidence as may be reasonably called for to verify any particulars or information given to them.
Duty to consult
12
1
Before granting an express consent, a local planning authority shall consult–
a
any neighbouring local planning authority, any part of whose area appears likely to be affected;
b
where they consider that a grant of consent may affect the safety of persons using any trunk road (as defined in section 329 of the Highways Act 1980 ) in England, the Secretary of State for Transport;
c
where they consider that a grant of consent may affect the safety of persons using any railway, waterway (including any coastal waters), dock, harbour or aerodrome (civil or military), the person responsible for the operation thereof, and, in the case of coastal waters, the Corporation of Trinity House.
2
The local planning authority shall give anyone whom they are required to consult at least 14 days' notice that the relevant application is to be considered and shall take into account any representations made by any such person.
Power to deal with applications
13
1
Subject to regulation 19 below, where an application for express consent is made to the local planning authority, they may–
a
refuse consent; or
b
grant consent, in whole or in part, subject to the standard conditions and to such additional conditions as they think fit, subject to paragraphs (3) to (6) below.
2
An express consent may be–
a
for the display of a particular advertisement or advertisements with or without illumination, as the applicant specifies;
b
for the use of a particular site for the display of advertisements in a specified manner, whether by reference to the number, siting, size or illumination of the advertisements, or the structures intended for such display, or the design or appearance of any such structure, or otherwise; or
c
for the retention of any display of advertisements or the continuation of the use of a site begun before the date of the application.
3
The conditions imposed under paragraph (1)(b) above may in particular include conditions–
a
regulating the display of advertisements to which the consent relates;
b
regulating the use for the display of advertisements of the site to which the application relates or any adjacent land under the control of the applicant, or requiring the carrying out of works on any such land;
c
requiring the removal of any advertisement or the discontinuance of any use of land authorised by the consent, at the end of a specified period, and the carrying out of any works then required for the reinstatement of the land.
4
The local planning authority shall not, under paragraph (1)(b) above, impose any conditions in relation to the display of an advertisement within any class specified in Schedule 3, more restrictive than those imposed by that Schedule in relation to that class.
5
Subject to paragraph (4) above, an express consent shall be subject to the condition that it expires at the end of–
a
a period of 5 years from the date of the consent, or
b
such longer or shorter period as the local planning authority may specify in granting the consent.
6
A local planning authority may specify a period under paragraph (5)(b) above as a period running in the alternative, from the date of commencement of the display or a specified date not later than 6 months after the consent is granted, whichever is the earlier.
7
An application for the renewal of an express consent may not be made at a date earlier than 6 months before the expiry of that consent.
Notification of decision
14
1
The grant or refusal of an express consent by a local planning authority shall be notified in writing to the applicant within a period of 8 weeks from the date of the receipt of the application or such longer period as the applicant may, before that date, agree in writing.
2
The authority shall state in writing their reasons for–
a
any refusal of consent in whole or in part;
b
any decision to attach any condition under regulation 13(1)(b) to a consent, except a condition specified in Schedule 3 in a case to which regulation 13(4) applies; and
c
any condition imposing a shorter period than that specified in regulation 13(5)(a), except where the application specified that shorter period.
Appeals to the Secretary of State
15
1
Sections 36 and 37 of the Act shall apply, in relation to applications for express consent under these Regulations, subject to the modifications set out in Part I of Schedule 4.
2
The provisions of sections 36 and 37, as modified under paragraph (1) above, are set out in Part II of Schedule 4.
3
Where a discontinuance notice is served under regulation 8, section 36 of the Act shall apply with the modifications specified in Part III of Schedule 4.
Revocation or modification of express consent
16
1
If a local planning authority are satisfied that it is expedient, they may by order revoke or modify an express consent, subject to paragraphs (2) to (6) below.
2
An order under paragraph (1) above shall not take effect without the approval of the Secretary of State, which may be granted with or without modifications.
3
When an authority submit an order made under this regulation to the Secretary of State for approval, they shall serve notice on the person who applied for the express consent, the owner and the occupier of the land affected and any other person who, in their opinion, will be affected by the order, specifying a period of at least 28 days from the service of the notice, within which an objection may be made, as provided in paragraph (4) below.
4
If, within the period specified in the notice, an objection to the order is received by the Secretary of State from any person on whom notice is served, the Secretary of State shall, before approving the order, give to that person and to the local planning authority an opportunity of appearing before and being heard by a person appointed by him.
5
The power to make an order under this regulation may be exercised–
a
in a case which involves the carrying out of building or other operations, at any time before those operations have been completed;
b
in any other case, at any time before the display of advertisements is begun.
6
In a case to which paragraph (5)(a) above applies, the revocation or modification of consent shall not affect such operations as have already been carried out.
Compensation for revocation or modification
17
1
Where–
a
an order under regulation 16 takes effect; and
b
a claim is made in accordance with paragraph (2) below,
a local planning authority shall pay compensation to any person suffering loss or damage in the circumstances and to the extent specified in paragraph (3) below.
2
A claim for compensation shall be made in writing and served on the local planning authority, by delivery at the offices of the authority or by post to their offices, within 6 months of the approval of the order to which it relates.
3
Compensation is payable if, and to the extent that, any person has–
a
incurred expenditure in carrying out abortive work, including the preparation of plans or similar material;
b
otherwise sustained loss or damage directly attributable to the order, other than loss or damage consisting of any depreciation in value of any interest in land,
but excluding any work done, or loss or damage arising out of anything done or not done before the grant of consent.
PART IV
AREAS OF SPECIAL CONTROL
Area of Special Control Orders
18
1
Every local planning authority shall from time to time consider whether any part or additional part of their area should be designated as an area of special control.
2
An area of special control shall be designated by an area of special control order made by the local planning authority and approved by the Secretary of State, in accordance with the provisions of Schedule 5.
3
An area of special control order may be revoked or modified by a subsequent order made by the authority and approved by the Secretary of State, in accordance with the provisions of Schedule 5.
4
Where an area of special control order is in force, the local planning authority shall consider at least once in every 5 years whether it should be revoked or modified.
5
Before making an order under this regulation, a local planning authority shall consult–
a
where it appears to them that the order will be likely to affect any part of the area of a neighbouring local planning authority, that authority;
b
where the order will relate to any land within a National Park, any district planning authority within whose area any of that land is situated.
6
A local planning authority shall not exercise their power under this regulation in the interests of public safety within the meaning of regulation 4(1).
Control in areas of special control
19
1
No advertisements may be displayed in an area of special control unless they come within–
a
Classes B to J in Schedule 2;
b
Classes 1 to 3 and 5 to 14 in Schedule 3; or
c
paragraphs (2) to (5) below.
2
Advertisements of the following descriptions may be displayed in an area of special control with express consent, subject to paragraph (3) below–
a
hoardings or similar structures to be used only for the display of notices relating to local events, activities or entertainments;
b
any advertisement for the purpose of announcement or direction in relation to buildings or other land in the locality, reasonably required having regard to the nature and situation of such buildings or other land;
c
any advertisement required in the interests of public safety;
d
any advertisement which could be displayed under paragraph (1) above but for some non-compliance with a condition or limitation as respects size, height from the ground, number or illumination imposed by Schedule 3.
3
Express consent may not be given for the purposes of paragraph (2) above for an illuminated advertisement, other than one illuminated for the purpose of indicating that medical or similar services or supplies are available at the premises on which the advertisement is displayed.
4
On the coming into force of an area of special control order–
a
any advertisement within paragraph (2)(d) above for which express consent has been granted may continue to be displayed after the expiry of that consent, by virtue of Class 14 in Schedule 3, subject to the power of the local planning authority to serve a discontinuance notice under regulation 8;
b
any other advertisement for which express consent has been given may continue to be displayed for 6 months from the date on which the order comes into force or for the remainder of the term of the consent, whichever is the longer; and
c
any other advertisement displayed in accordance with these Regulations may continue to be displayed for 8 months from the date on which the order comes into force.
5
Where paragraph (4)(b) or (c) above applies, the relevant advertisement shall be removed forthwith, at the end of the relevant period, unless a further consent is granted for its continued display in accordance with this regulation.
6
Nothing in the foregoing provisions of this regulation shall–
a
affect a notice served under regulation 8 at any time;
b
override any condition attached to a consent, whereby the advertisement is required to be removed;
c
restrict the powers of a local planning authority, or of the Secretary of State, in regard to any contravention of these Regulations;
d
restrict the power of the local planning authority, or of the Secretary of State, to consent to the display, in an area of special control, of an advertisement of a class in respect of which a direction under regulation 7 is in force.
PART V
MISCELLANEOUS
Compensation under section 176 of the Act
20
1
The time limit prescribed for the purpose of making a claim for compensation under section 176 of the Act is a period of 6 months from the completion of works carried out–
a
to remove an advertisement displayed on 1st August 1948; or
b
to discontinue the use for the display of advertisements of a site used since that date.
2
Any such claim shall contain such information as the local planning authority consider is required to enable them properly to determine the claim.
Register of applications
21
1
Every local planning authority shall keep a register containing particulars of–
a
any application made to them for express consent for the display of an advertisement, including the name and address of the applicant, the date of the application and the type of advertisement concerned;
b
any direction given under these Regulations relating to the application;
c
the date and effect of any decision of the local planning authority on the application;
d
the date and effect of any decision of the Secretary of State on an appeal.
2
The register shall include an index to enable a person to trace any entry therein.
3
Any part of the register which relates to land within a particular part of the area of a local planning authority may be kept at a place within or convenient to that part of their area.
4
Subject to paragraph (3) above, the register shall be kept at the office of the local planning authority.
5
Every entry in the register consisting of particulars of an application shall be made within 14 days of the receipt of that application.
6
The register shall be open to public inspection at all reasonable hours.
Powers of the Secretary of State
22
1
The Secretary of State may give a direction to a local planning authority, or to such authorities generally, requiring them to provide him with information required for the purpose of any of his functions under these Regulations.
2
Subject to regulation 23 below, if it appears to the Secretary of State, after consultation with the local planning authority, that–
a
a discontinuance notice should be served under regulation 8; or
b
an area of special control order or a revocation order under regulation 18 should be made,
he may himself serve such a notice or make such an order.
3
Where the Secretary of State proposes to exercise his power under paragraph (2) above, the provisions of regulations 8, 15 and 18 shall apply, with such modifications as may be necessary, as they apply to the action of a local planning authority.
Secretary of State’s discontinuance notice
23
1
If the Secretary of State is satisfied that it is necessary to remedy a substantial injury to the amenity of the locality or a danger to members of the public, he may serve a discontinuance notice under regulation 8 above in relation to an advertisement within Class 1B in Schedule 3.
2
Paragraphs (2), (5) and (6) of regulation 8 shall apply to a discontinuance notice to which paragraph (1) above applies as if references to the local planning authority were references to the Secretary of State.
3
Regulation 15(3) above shall apply to a discontinuance notice to which paragraph (1) above applies, with such modifications as may be necessary.
Extension of time limits
24
The Secretary of State may, in any particular case, extend the time within which anything is required to be done under these Regulations or within which any objection, representation or claim for compensation may be made.
Directions
25
Any power conferred by these Regulations to give a direction includes power to cancel or vary the direction by a subsequent direction.
Contravention of Regulations
26
A person displaying an advertisement in contravention of these Regulations shall be liable on summary conviction of an offence under section 109(2) of the Act to a fine of an amount not exceeding level 3 on the standard scale and, in the case of a continuing offence, £40 for each day during which the offence continues after conviction.
Statutory Instruments revoked
27
The Town and Country Planning (Control of Advertisements) Regulations 1984 , the Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1987 and the Town and Country Planning (Control of Advertisements) (Amendment No. 2) Regulations 1987 are hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
13th April 1989
Peter Walker
Secretary of State for Wales
13th April 1989


text:
1
The new highway which the Secretary of State proposes to construct along a route about 410 metres in length at Dale Hill in the County of West Sussex, from the northern side of a roundabout to be constructed as part of the Horsham Road (A281), west of the Pyecombe Leisure Vehicle Centre, to the southbound carriageway of the Trunk Road (the highway along this route being in this Order referred to as “the slip road” and being given the reference letter A on the deposited plan) shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the slip 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 slip 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 purpose of through traffic.
4
In this Order –
i
“the deposited plan” means the plan numbered RSE A23/2/65/2/14, marked “The London-Brighton Trunk Road (A23 Dale Hill Slip Roads (No 2) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY,
ii
“the Trunk Road” means the London-Brighton Trunk Road (A23).
5
This Order shall come into force on 1st September 1989 and may be cited as the London-Brighton Trunk Road (A23 Dale Hill Slip Roads) (No 2) Order 1989.
Signed by authority of the Secretary of State Department of Transport
D. Gruffydd Jones
Regional Director South East Region
27th July 1989


text:
1
1
These Regulations may be cited as the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989 and shall come into force in accordance with paragraph (2) of this regulation.
2
This regulation, and regulations 2, 3, 6 and 12 shall come into force on 8th January 1990 and regulations 4, 5, 7, 8, 9, 10 and 11 shall come into force on 1st March 1990.
2
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (hereinafter called “the 1988 Regulations ”) shall have effect subject to the amendments set out in regulations 3 to 11 below.
3
The following shall be substituted for regulation 1(2)(h) of the 1988 Regulations: —
h
i
regulation 8 (except in relation to those products mentioned in (ii) of this sub-paragraph) and regulations 9, 10, 11, 12, 13 and 15 (insofar as they are not already in force) shall come into force on 1st March 1990; and
ii
regulation 8 shall come into force in relation to cots, including carry-cots, playpens, prams and pushchairs and any other article of a like nature and use designed to contain a baby or small child, and high-chairs on 1st September 1990.
.
4
Regulation 3(1) of the 1988 Regulations shall be amended by —
a
the insertion in the definition of “cushions” of the words “and in the definition of “invisible part” in relation to covers and permanent covers in this sub-paragraph” after the word “paragraph”;
b
the deletion of the definitions of “cigarette test” and “match test”;
c
the insertion of the following before the definition of “relevant ignitability test”:
“invisible part” in relation to covers and permanent covers means —
any part of the cover on that part of the furniture on which any back, arm or seat cushions are intended to rest;
the underside or reverse side of any seat or back cushions which are not designed to be reversible;
the underside of any arm cushions which are not designed to be reversible and which are secured in such a way that they cannot be displaced in normal use; and
the dust cover on the underside of the article of furniture,
and “visible part” in relation to covers and permanent covers means any part of the cover other than an invisible part
.
5
The following shall be substituted for regulation 5 of the 1988 Regulations —
5
1
Subject to paragraph 2 below no furniture to which this regulation applies shall include upholstery which does not pass the cigarette test in Part I of Schedule 4 to these Regulations.
2
An invisible part of the cover on any part of furniture which includes upholstery shall not be required to pass the test in paragraph (1) above if that upholstery (including such invisible part of the cover) passes the cigarette test in Part II of Schedule 4 to these Regulations.
3
This regulation applies to all furniture (except mattresses, bed-bases, pillows and cushions).
6
The following shall be substituted for regulation 7 of the 1988 Regulations: —
1
No person shall supply —
a
any polyurethane foam in slab or cushion form which fails the test specified in Part I of Schedule 1 to these Regulations;
b
any foam in crumb form which may not be included in furniture by virtue of regulation 6(2) above; or
c
any latex rubber foam which fails the test specified in Part III of Schedule 1 to these Regulations,
in any case where he knows or has reasonable cause to believe that the material will be used —
i
for filling a cushion or a pillow; or
ii
for the purpose of upholstering or re-upholstering furniture.
2
Without prejudice to paragraph (1) above, no person shall supply any other filling material which fails test (d) or (e) in the definition of relevant ignitability test in regulation 3(1) above in any case where he knows or has reasonable cause to believe that the material will be used, otherwise than in the course of business, for a purpose mentioned in sub-paragraphs (i) or (ii) of paragraph (1) above.
7
The following shall be substituted for regulation 8 of the 1988 Regulations: —
1
Subject to paragraph (2) below, if furniture specified in paragraph (5)(b) below which contains filling material is supplied with a cover on it (whether or not the cover is over the filling material), any visible part of the cover shall pass the match test in Part I of Schedule 5 to these Regulations and any invisible part of the cover shall pass the match test in Part III of that Schedule.
2
Where furniture is supplied with a cover on it and there is between it and any part of the cover an interliner which passes the test in Schedule 3 to these Regulations then provided that such part of the cover is made of a relevant material it need not pass the match test which would otherwise have been applicable to it under paragraph (1) above.
3
Subject to paragraph (4) below, no person shall supply any cover or fabric knowing or having reasonable cause to believe that it will be used to provide or replace —
a
a visible part of the permanent cover of any furniture specified in paragraph (5)(b) below which contains filling material or
b
an invisible part of such a permanent cover,
unless the cover or fabric passes, in the case of (a), the match test in Part I of Schedule 5 to these Regulations or, in the case of (b), the match test in Part III of that Schedule.
4
Paragraph (3) above does not apply if the fabric or cover supplied is made of a relevant material and the person who supplies it knows or has reasonable cause to believe that it will be used to replace or provide any part (whether visible or invisible) of the permanent cover on furniture and that there is or will be between the furniture and such part an interliner which passes the test in Schedule 3 to these Regulations.
5
In this regulation —
a
a “relevant material” means a material containing at least 75 per cent by weight of cotton, flax, viscose, modal, silk or wool, used separately or together and not coated with polyurethane or a polyurethane preparation; and
b
“furniture” means any furniture other than the following: mattresses, bed-bases, pillows, cushions and insulated bags designed for carrying infants under the age of six months
.
8
1
Regulation 14(2) of the 1988 Regulations shall be amended by the substitution of “8(1) and (2)” for “8(1) to (3)”.
2
The following shall be substituted for regulation 14(3)(a) of the 1988 Regulations: —
in the case of furniture to which regulation 3(1) of the Upholstered Furniture (Safety) Regulations 1980 as amended by the Upholstered Furniture (Safety) (Amendment) Regulations 1983 applied, any visible part of any cover on the furniture passes the cigarette test in Part I of Schedule 4 to these Regulations;
9
Schedule 4 to these Regulations shall be amended by —
a
the substitution of the side heading “Regulation 5” for the side heading to that Schedule;
b
the insertion of “Part I” after the heading “The Cigarette Test”;
c
the substitution of the following for “Modifications to BS 5852: Part I”: — “The smouldering cigarette test specified in BS 5852: Part I shall be conducted subject to the following modifications.”
d
the insertion of the following at the end of paragraph 6 of Part I of Schedule 4: —
PART II
CIGARETTE TEST FOR INVISIBLE PARTS
The cigarette test for the invisible parts of covers shall be conducted in the way set out in Part I of this Schedule except that those parts need not be subjected to the water-soaking procedure set out in paragraph 3 thereof.
10
Schedule 5 to the 1988 Regulations shall be amended by —
a
the substitution of the side heading “Regulation 8 and 9” for the side heading of that Schedule;
b
the substitution of the number “9” for the number “4” in paragraph 4 of Part I of that Schedule; and
c
the addition of the following at the end of that Schedule: —
PART III
THE MATCH TEST FOR INVISIBLE PARTS OF COVERS
1
The test shall be carried out in accordance with those provisions of BS 5852: Part 1 which relate to butane flame ignition source 1. The filling material for this test shall be a foam which passes the ignitability test in Part 1 of Schedule 1 and which has a density of 24 — 26 kg per m3.
2
The criteria of failure shall be those specified in clause 9 of BS 5852: Part 1.
.
11
Schedule 6 to the 1988 Regulations shall be amended by —
a
the substitution of the following for the words from “Where” to “these regulations” in Part III of that Schedule: — “Where the furniture has a permanent cover which does not (or part of which does not) comply with regulation 8(1) and which (or that part of which does not comply) is made of a relevant material within the meaning of regulation 8(5)(a) and there is between the furniture and the cover (or any part of the cover which does not so comply) an interliner which passes the test in Schedule 3 to these Regulations”; and
b
the substitution of the following for the words from “During” to “with” in Part IV of that Schedule: —
During the period between 1st March 1990 and 31st August 1990 for cots, including carry-cots, playpens, prams and pushchairs and any other article of a like nature and use designed to contain a baby or small child (including insulated bags designed for carrying infants under the age of six months), and high-chairs and from 1st September 1990 for insulated bags designed for carrying infants under the age of six months where in any case only the requirements of regulations 5 and 6 are complied with
;
c
the substitution of the word “product” for “furniture” in the side of the display label shown second in Part IV of that Schedule.
12
Regulation 4 of the Rag Flock and Other Filling Materials Regulations 1981 is hereby amended by the addition of the following at the end of paragraph (1): —
; provided that a requirement set out in the said column 3 shall be taken to be satisfied if the only reason for a failure to satisfy such a requirement is that the materials have been treated with a fire retardant additive for the purpose of compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
13th December 1989


text:
Citation and commencement
1
This Order may be cited as the Non-Domestic Rating (Transitional Period) (Appropriate Fraction) Order 1989 and shall come into force on the day after the day on which it is made.
Rules for calculation of appropriate fraction
2
1
This article applies in a case where the notional chargeable amount for a hereditament for each day in the relevant year which begins in 1990 or in 1991 does not exceed the base liability for the hereditament for each day in the year.
2
The appropriate fraction for the hereditament for each day in the year shall be found by applying the formula —
X 100 × RPI 1 ) RPI 2 )
3
If —
a
the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1st April 1990 is £15,000 or more, or
b
it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1st April 1990 is £10,000 or more,
X is 89.5 as regards the relevant year beginning in 1990 and 87 as regards the relevant year beginning in 1991.
4
If —
a
the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1st April 1990 is less than £15,000, or
b
it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1st April 1990 is less than £10,000,
X is 84.5 as regards the relevant year beginning in 1990 and 82 as regards the relevant year beginning in 1991.
5
RPI (1) is the retail prices index for September of the financial year preceding the relevant year concerned.
6
RPI(2) is the retail prices index for September of the financial year which precedes that preceding the relevant year concerned.
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk and Suffolk Broads (Staff and Property, etc.) Order 1989 and, subject to paragraph (2), shall come into force on 1st April 1989.
2
This paragraph and Article 6(3) shall come into force on 24th March 1989.
3
In this Order “ the Act ” means the Norfolk and Suffolk Broads Act 1988.
Transfer of Staff
2
Any employee of the Commissioners within the description set out in Schedule 1 is a person designated for the purposes of section 18 of the Act.
Transfer of Property
3
1
The land described in Part I of Schedule 2, together with all rights and liabilities acquired or incurred solely in connection with and all records relating exclusively to that land, shall vest in the Broads Authority.
2
The property of the Commissioners which is within a category specified in column 1 of Part II of Schedule 2 and which is described in column 2 of that Part of that Schedule, together with all rights and liabilities acquired or incurred, and equipment used solely in connection with and all records relating solely to that property, shall vest in the Broads Authority.
3
The property, rights and liabilities of the Commissioners acquired, held or incurred solely for the purpose of managing, or regulating the use of, the navigation area, including such amount of the monies vested in the Commissioners as equal the amounts shown as the balances on their accounts attributable to functions in relation to the navigation area immediately before 1st April 1989 but excluding–
a
land, and property, rights and liabilities held in connection with that land, not described in Part I of Schedule 2, and
b
property in the categories specified in column 1 of Part II of Schedule 2,
shall vest in the Broads Authority.
Disputes
4
Any dispute between the Authority and the Commissioners as to the effect of article 3 in relation to any particular property, rights and liabilities shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
Amendments to local legislation
5
The local legislation specified in Schedule 3 is revoked and amended as provided in that Schedule.
Byelaws
6
1
All byelaws made by the Commissioners, and all byelaws made (or having effect as if made) by the Waveney District Council, for the purposes of managing or regulating navigation in any part of the navigation area, shall continue to have effect in relation to that part of the navigation area until 31st March 1992, and may be amended or revoked by byelaws made by the Broads Authority under section 10 of the Act.
2
Any reference in the byelaws continued by this article to the authority or body by whom the byelaws were made, or to an officer or the offices of such authority or body, shall be construed as a reference to the Broads Authority, the navigation officer appointed by the Broads Authority under section 10(7) of the Act for the area in question, or the offices of the Broads Authority, as the case may require.
3
Byelaw 10 of the Great Yarmouth Port and Haven River Byelaws 1946 shall have effect for the purpose of certificates issued with respect to the year beginning 25th March 1988 with the substitution for the words “twenty-fourth day of March” of the words “31st March”.
Nicholas Ridley
Secretary of State for the Environment
28th February 1989