text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Traffic Control System (Transfer) Order 1988.
2
Article 3 of this Order shall come into force on 7th March 1988 and all other articles thereof shall come into force on 1st April 1988.
2
In this Order —
“the 1985 Act ” means the Local Government Act 1985;
“the 1986 Order ” means the London Traffic Control System (Transfer) Order 1986 ;
“the Common Council ” means the Common Council of the City of London;
“operative date” means 1st April 1988;
“residuary body” means the residuary body established for Greater London pursuant to section 57 of the 1985 Act;
“Secretary of State” means the Secretary of State for Transport.
Authority of the Common Council to act as agent for the Secretary of State
3
For the purpose of securing the control, management, development and extension of the London traffic signal and control system, the Common Council may act as the agent of the Secretary of State in the control, management, development and extension of that system.
Transfer of rights, liabilities and property
4
1
This article applies to —
a
the rights and liabilities transferred to the residuary body by article 5(1) of the 1986 Order; and
b
subject to paragraph (2) all other rights and liabilities acquired or incurred by the residuary body relating to —
i
the property transferred by article 4 of the 1986 Order, or
ii
any other property of a description specified in Schedule 1 to the 1986 Order whether such property was in existence before the coming into force of that Order or otherwise,
so far, in each case, as subsisting immediately before the operative date.
2
There are excluded from paragraph (1)(b), and thus from the application of this article —
a
all rights and liabilities under a contract of employment; and
b
all rights and liabilities of the residuary body under an agreement dated the 27th day of March 1986 and made between that body and the Secretary of State.
3
All the rights and liabilities to which this article applies shall vest in the Secretary of State.
5
1
This article applies to any property of a description specified in Schedule 1 to the 1986 Order acquired by the residuary body after the 1986 Order came into force and which is held by the residuary body immediately before the operative date.
2
All property to which this article applies shall vest in the Secretary of State.
Supplementary provisions
6
1
Where any rights or liabilities transferred by article 4 of this Order are rights and liabilities under an agreement (other than a contract of employment) to which the residuary body was a party immediately before the operative date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by that body, that agreement shall have effect on and after that date as if —
a
the Secretary of State had been a party to that agreement; and
b
for any reference (however worded, and whether express or implied) to the residuary body there were substituted, as respects anything falling to be done after the operative date, a reference to the Secretary of State.
2
Paragraph (1) of this article (except sub-paragraph (a)) shall apply in relation to any provision of any document other than an agreement if and so far as the provision in question relates to any rights and liabilities transferred by article 4 of this Order as it applies in relation to an agreement to which the residuary body was a party.
7
Any action or proceeding, or any cause of action or proceeding, pending or existing immediately before the operative date by or against the residuary body and relating to any right or liability transferred by this Order shall not be prejudicially affected by this Order and may be continued, prosecuted or enforced by or (as the case may be) against the Secretary of State.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
8th February 1988


type: legislation

jurisdiction: UK

text:
PART 1
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Welfare Food Regulations 1988 and shall come into force as follows:–
a
regulation 18 and Schedule 6, in so far as they relate to section 54(1) of the Social Security Act 1986, on 19th March 1988;
b
in all other respects, on 11th April 1988.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“the 1948 Act ” means the Nurseries and Child-Minders Regulation Act 1948 ;
“the 1986 Act ” means the Social Security Act 1986 ;
“approved price” means the lowest price which in the ordinary course of his business a supplier charges any of his customers during the week in which a milk token was used for a pint of, or, if he supplies milk only in metric measures, for half a litre of–
as respects England and Wales, milk;
as respects Scotland, pasteurised milk within the meaning of paragraph 1 of Part I of Schedule 3 to the Milk (Special Designations) (Scotland) Order 1980 ;
“beneficiary” means a person entitled by virtue of regulation 3(1) or (2), to milk, dried milk or vitamins;
“clinic” means in relation to England and Wales any maternity clinic, child health clinic or welfare food distribution centre operated by, or on behalf of, the Secretary of State, the sale of goods from which is designated by the Sale of Goods for Mothers and Children (Designation and Charging) Regulations 1976 and in relation to Scotland any maternity clinic or child health clinic or centre designated by the National Health Service (Supply of Goods at Clinics etc. ) (Scotland) Regulations 1976 ;
“dried milk” means any of the modified dried milks specified in Column 1 of Schedule 1 and manufactured by the person specified in relation to it in Column 2 of Schedule 1;
“family” has the meaning assigned to it by section 20(11) of the 1986 Act as it applies to income support;
“family credit” means family credit under Part II of the 1986 Act;
“handicapped child” means a child who–
has attained the age of 5 years but has not attained the age of 16 years;
is not in paid employment; and
by reason of disability of mind or body is neither a registered pupil at a school in accordance with the provisions of the Education Acts 1944 to 1981 nor a pupil at a school in accordance with the provisions of the Education (Scotland) Act 1980 ;
“income support” means income support under Part II of the 1986 Act and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987 ;
“local authority” means a regional or an islands authority in Scotland;
“local social services authority” means the council of a non-metropolitan county or of a metropolitan district or a London borough or the Common Council of the City of London;
“milk” means only liquid cows' milk including liquid cows' semi-skimmed milk but does not include milk to or from which chemicals, vitamins, flavours or colours have been added or removed otherwise than incidentally in the process of heat treatment;
“milk token” means a token for milk or dried milk issued by the Secretary of State under regulation 7(1);
“nearest clinic” means in relation to any person, the clinic which, in the opinion of the Secretary of State is located the shortest convenient walking distance from where the person lives;
“nursing mother” means a woman who has given birth to a child within the preceding 30 weeks and is herself suckling the child;
“period of validity” in relation to a milk token means the period indicated on it in accordance with regulation 7(2) as that during which it may be used;
“registered child-minder” means a person who is registered with a local authority or a local social services authority pursuant to section 1(1)(b) of the 1948 Act;
“registered day nursery” means a day nursery or playgroup provided in premises which are registered with a local authority or a local social services authority pursuant to section 1(1)(a) of the 1948 Act;
“supplier” means a person who supplies milk under these Regulations;
“vitamins” means vitamin tablets or vitamin drops comprising vitamins A, C and D.
2
In these Regulations, unless the context otherwise requires, a reference:–
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
ENTITLEMENT TO WELFARE FOOD
Free milk, dried milk and vitamins
3
1
Subject to the provisions as to milk tokens contained in Part III, any of the following in Great Britain–
a
an expectant mother who is, or is a member of the family of a person who is, in receipt of income support;
b
a child, who has not attained the age of 5 years who is a member of a family a member of which is in receipt of income support and who is being cared for by a member of such a family;
c
a handicapped child,
is entitled to receive for personal consumption milk or dried milk in accordance with these Regulations free of charge.
2
Subject to the provisions as to evidence contained in paragraph (3) any of the following in Great Britain–
a
an expectant or nursing mother who is, or is a member of the family of a person who is, in receipt of income support;
b
a child who has not attained the age of 5 years, who is a member of a family a member of which is in receipt of income support and who is being cared for by a member of such a family,
is entitled to receive for personal consumption vitamins in accordance with these Regulations free of charge.
3
Entitlement to free vitamins shall be subject to an application being made to a clinic supported by documentary evidence of the relevant entitlement to income support either in the form of an order book or otherwise.
4
A beneficiary’s entitlement to milk or dried milk is as follows–
a
except in the case of a child who has not attained the age of 1 year, to milk at the rate of 7 pints per week, or where the supplier supplies milk only in metric measures, 4 litres per week;
b
in the case of a child who has not attained the age of 1 year, either to milk at the rates specified in sub-paragraph (a) or to dried milk at the rate of 900 grammes per week, instead of milk.
5
A beneficiary’s entitlement to vitamins is at the rate specified in Column 2 of Schedule 2 in relation to the category of beneficiary specified in Column 1 of that Schedule.
Additional milk or dried milk for children in day care
4
1
Each child who has not attained the age of 5 years and who is cared for by a person approved by the Secretary of State under paragraph (4) shall be entitled to receive, for each day on which he is so cared for, free of charge, in addition to any entitlement under regulation 3–
a
except where the child has not attained the age of 1 year, one third of a pint of milk;
b
where the child has not attained the age of 1 year, either one third of a pint of milk or dried milk made up to provide one third of a pint.
2
Any of the following may apply to the Secretary of State for approval to participate in the arrangments to provide milk under this regulation:–
a
a registered child minder;
b
a person who receives or proposes to receive children at a registered day nursery; or
c
a person who receives or proposes to receive children at a day nursery which is not required to be registered pursuant to the 1948 Act.
3
An application for approval under paragraph (2) shall be in writing, shall be sent to the Secretary of State, shall be accompanied by the information specified in paragraph 1 of Schedule 3, shall include a declaration that the information supplied is correct and complete and
a
in the case of an application pursuant to paragraph (2)(a) or (2)(b) shall also be accompanied by the certificate of registration issued under section 1 of the 1948 Act;
b
in the case of an application pursuant to paragraph (2)(c) shall also be accompanied by a statement by the local authority or local social services authority that the day care provided or to be provided is equivalent in purpose, quality and duration to that which is usually provided at a registered day nursery.
4
The Secretary of State shall give his approval in writing if satisfied that the applicant will make adequate arrangements for the provision of milk or dried milk for the purposes of this regulation, and may withdraw his approval if he ceases to be so satisfied.
5
A person approved under paragraph (4) who supplies milk or dried milk under this regulation shall subject to paragraphs (6) to (8) be reimbursed by the Secretary of State in accordance with paragraph (9).
6
Claims for reimbursement shall be made to the Secretary of State and shall, so far as reasonably practicable, be made at intervals of 3 months and in respect of supplies in the period of 3 months immediately preceding the claim.
7
Claims for reimbursement shall–
a
contain the information specified in paragraph 2(a) to (g) of Schedule 3 and a declaration that the information is correct and complete;
b
where the claim relates to milk be accompanied by an invoice or receipt from the supplier Schedule 4.
8
The Secretary of State shall not be obliged to reimburse a person in respect of supply of milk which occurred more than 2 years before the date of the claim.
9
The amount reimbursed to a person for milk or dried milk under this regulation shall be the cost to that person of purchasing it.
Purchase of welfare food
5
1
Any person who is in receipt of family credit
but who–
a
is not a beneficiary, and
b
is caring for a child who has not attained the age of 1 year and who is a member of the family for which he is in receipt of family credit
shall be entitled to purchase at any clinic, on behalf of each such child, at a price of £2.55, 900 grammes of dried milk per week for consumption by each such child.
2
Entitlement under paragraph (1) shall be subject to application being made to a clinic, supported by documentary evidence of entitlement to family credit, whether in the form of an order book or otherwise.
3
Subject to paragraph (4), a person entitled under paragraph (1) shall not seek to purchase dried milk from a clinic pursuant to this regulation at a rate greater than that specified in that paragraph.
4
Notwithstanding paragraph (3) a person may purchase dried milk either up to four weeks in arrears or four weeks in advance of the application to purchase provided he satisfies the clinic as to his entitlement to receive family credit for the weeks for which the dried milk is purchased.
Use of milk, dried milk and vitamins
6
Any milk, dried milk or vitamins obtained by or on behalf of a beneficiary and any dried milk obtained by a person pursuant to regulation 5 may be consumed only by the person for whom it was obtained unless–
a
in the case of milk or dried milk the beneficiary or other person for whom it was obtained has consumed within the period of 7 consecutive days immediately preceding the consumption a quantity of milk or dried milk approximately equal to the quantity of milk or dried milk obtained in respect of him; or
b
the consumption is reasonably necessary to avoid waste or is trifling in amount; or
c
the milk is provided under regulation 4.
PART III
MILK TOKENS AND SUPPLIERS
Issue of milk tokens
7
1
Subject to paragraphs (3) to (5), the Secretary of State shall issue, or cause to be issued, milk tokens to each beneficiary to enable him to obtain his entitlement under these regulations.
2
Milk tokens shall when issued indicate on them a period during which they may be used, and may indicate different periods in respect of milk and dried milk.
3
In the case of a handicapped child the issue of milk tokens shall be subject to an application being made to the Secretary of State.
4
An application under paragraph (3) shall–
a
be sent to the Secretary of State;
b
include, or be accompanied by, the information specified in Schedule 4;
c
be accompanied by the handicapped child’s birth certificate; and
d
include a declaration that the information supplied is correct and complete.
5
The Secretary of State shall issue a milk token in respect of an application pursuant to paragraph (3) if he is satisfied that the child is a handicapped child.
Use of milk tokens
8
1
A milk token–
a
may be used by a beneficiary to obtain milk as described in paragraph (2) or to obtain dried milk as described in paragraph (3); and
b
may not be used by a beneficiary in any other way.
2
A milk token may be presented within its period of validity to a supplier who has agreed to supply milk in exchange for it, to obtain 7 pints of, or, where the supplier supplies milk only in metric measure, 4 litres of, milk.
3
A milk token may be presented within its period of validity at a clinic to obtain 900 grammes of dried milk for a child who has not attained the age of 1 year.
Failure to receive milk tokens
9
1
Any beneficiary who after 11th April 1988 is entitled to receive milk or dried milk on the presentation of a milk token, but who does not receive such entitlement as a result of failure to receive from the Secretary of State the milk token to which he is entitled under these Regulations, and for which he has applied where required, may apply to the Secretary of State in writing for a payment.
2
If the Secretary of State is satisfied, on an application under paragraph (1), that some act or omission on his part was responsible for the beneficiary’s failure to receive the milk tokens he shall pay the beneficiary–
a
in the case of milk, an amount equal to the approved price for a supplier in the area where the beneficiary resides multiplied by the number of days for which the beneficiary does not receive any, or sufficient, milk tokens;
b
in the case of dried milk, an amount equal to the lowest price charged for 900 grammes of a dried milk suitable for the beneficiary at the nearest clinic multiplied by the number of weeks for which the beneficiary did not receive any, or sufficient, milk tokens.
Inability to purchase dried milk at a reduced price
10
1
Any person who is unable to purchase a child’s entitlement to dried milk pursuant to regulation 5 as a result of failure to receive from the Secretary of State evidence as to his entitlement to family credit may apply to the Secretary of State in writing for a payment.
2
If the Secretary of State is satisfied, on an application under paragraph (1), that some act or omission on his part was responsible for the failure to receive the evidence of entitlement he shall pay the applicant an amount equal to the difference between–
a
the lowest price charged for 900 grammes of dried milk suitable for the child at the nearest clinic; and
b
£2.55
multiplied by the number of weeks the applicant was unable to purchase dried milk at a clinic for £2.55 although otherwise entitled to do so.
Inability to obtain free vitamins
11
1
Any beneficiary unable to obtain free vitamins from a clinic pursuant to regulation 3(3) as a result of failure to receive from the Secretary of State evidence as to his entitlement to income support may apply in writing to the Secretary of State for a payment.
2
If the Secretary of State is satisfied, on an application under paragraph (1), that some act or omission on his part was responsible for the beneficiary’s failure to receive the evidence of entitlement he shall pay the beneficiary an amount equal to the price charged for vitamins at the nearest clinic multiplied by the number of weeks the beneficiary did not have the necessary evidence of entitlement.
Suppliers of, and charges for, milk
12
1
Subject to paragraphs (2) and (4), a supplier who has accepted from any beneficiary a milk token for milk shall supply milk at the rate specified in regulation 3(4).
2
A supplier may accept a milk token for milk as part payment of the price of milk supplied to a beneficiary where the price of such milk exceeds the approved price on account of the designation of the milk supplied.
3
A supplier–
a
may accept a milk token from a beneficiary before the start of its period of validity; but
b
if he does so, shall on demand return to the beneficiary all milk tokens in respect of which no milk has been supplied.
4
The obligation on a supplier imposed by paragraph (1) does not apply where–
a
a milk token is returned before the start of its period of validity; or
b
the supplier is prevented from supplying milk because of circumstances outside his control.
Absence of beneficiary for less than a week
13
Where–
a
a beneficiary is absent from his usual place of residence for more than one day but less than 7 days during the period of validity of any milk token which a supplier has accepted from him; and
b
the supplier has supplied against the milk token some, but not all, of the requisite 7 pints or 4 litres,
the supplier shall, if the beneficiary so requests within the period of validity, forthwith pay or allow the beneficiary in respect of each pint, or as the case may be, each half litre not supplied a sum equal to the approved price.
Absence of certain beneficiaries for a week
14
Where–
a
a beneficiary, who is either a child who has not attained the age of 5 years or a handicapped child, is absent from his usual place of residence for any period of 7 consecutive days; and
b
the person for the time being in charge of that child has provided him with 7 pints, or as the case may be, 4 litres of milk,
that person shall, notwithstanding anything to the contrary in these Regulations, be entitled to retain a milk token issued in respect of such a child and to use it free from all restrictions as to the use of the milk so obtained.
Reimbursement of suppliers
15
The Secretary of State shall reimburse a supplier who has submitted a milk token to him in accordance with Schedule 5 an amount equal to the approved price of the milk which the supplier has supplied against that milk token, or for which he has made an allowance in accordance with regulation 13.
Property in, and replacement and cancellation of, milk tokens
16
1
Every milk token is and shall remain the property of the Secretary of State.
2
The Secretary of State may replace milk tokens which have been lost.
3
Where a supplier or a beneficiary to or in respect of whom replacement milk tokens have been issued subsequently finds the milk tokens supposed to have been lost, he shall deliver the latter forthwith to any office of the Department of Health and Social Security.
4
The Secretary of State may cancel any milk token which cannot be validly used under these Regulations.
5
Any beneficiary or supplier holding milk tokens shall, when requested by the Secretary of State, produce or deliver to the Secretary of State all milk tokens in his possession within such time and to such place as the Secretary of State may direct in writing.
6
A supplier who has accepted a milk token from a beneficiary but loses it before supplying milk against it or returning it to the beneficiary shall notify the Secretary of State of the loss.
7
Where any beneficiary holding milk tokens ceases to be entitled to them under these Regulations, he shall forthwith deliver them to any office of the Department of Health and Social Security.
PART IV
GENERAL
Powers of an authorised officer
17
1
Any supplier who has submitted to the Secretary of State milk tokens for reimbursement, or any person employed by such a supplier or with whom the supplier has a business relationship concerning the supply of milk shall produce to an officer duly authorised by the Secretary of State in that behalf such information or evidence, in the form of documents or otherwise, as the officer may specify as being reasonably needed in connection with verifying the amount to be reimbursed under regulation 15.
2
An officer to whom a person is required pursuant to paragraph (1), to produce information or evidence shall produce to that person if required to do so, his authority from the Secretary of State.
3
Where documents specified by an authorised officer pursuant to paragraph (1) are produced–
a
he may take copies of them or extracts from them, and
b
he may require the person producing them, or where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of them.
4
Where documents specified by an authorised officer pursuant to paragraph (1) are not produced, he may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
5
A person who is required to provide an explanation under paragraph (3) or to make any statement under paragraph (4) shall comply with the requirement.
Application of enactments
18
The enactments relating to the administration of benefit under the Social Security Act 1975 specified in Column 1 of Schedule 6 shall have effect for the purpose of the administration of the scheme made by these Regulations, subject to the modifications set out in Column 2 of that Schedule.
Acts on behalf of beneficiaries who are children
19
Where any provision in these Regulations requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is either a child who has not attained the age of 5 years or a handicapped child, the provision shall, unless the context otherwise requires, be deemed to refer to one of his parents or his guardian or the person having custody of him.
Northern Ireland tokens to be valid in Great Britain
20
Any token issued by the Department of Health and Social Services in Northern Ireland shall be valid in Great Britain as if it had been issued by the Secretary of State under these Regulations.
Transitional provisions
21
1
Any token issued for the purposes of enabling a person to obtain welfare milk under Article 4 of the Welfare Food Order 1980 may be used as though it were a milk token issued to him under these Regulations; and a supplier may be reimbursed in respect of milk supplied (whether before, on or after 11th April 1988) against the token as though it were a milk token issued under these Regulations.
2
Any token issued for the purposes of enabling a person to obtain welfare food under Article 5 of the Welfare Food Order 1980 may be used at a clinic to obtain free vitamins as though that person were a beneficiary under these Regulations.
3
A person who has made an application under Article 7 of the Welfare Food Order before 11th April 1988 may be issued with tokens on or after that date but in respect of a period before that date as though that Order remained in force.
4
Any approval given by the Secretary of State in respect of a person or premises before 11th April 1988 for the purposes of Article 6 of the Welfare Food Order 1980 shall be treated as approval given under regulation 4(4) to that person or to the person receiving children at those premises for the purposes both of the supply of milk or dried milk and of reimbursement in respect of milk or dried milk supplied (whether before, on or after 11th April 1988) pursuant to arrangements made with the Secretary of State.
John Moore
One of Her Majesty’s Principal Secretaries of State
18th March 1988


text:
Title and commencement
1
This Order may be cited as the Zoonoses Order 1988 and shall come into force on 22nd December 1988.
Interpretation
2
In this Order —
“ the Act ” means the Animal Health Act 1981;
“ animals ” means bovine animals, sheep, goats, deer and all other ruminating animals;
“ the Ministers ” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly.
Designation of bovine spongiform encephalopathy for the purposes of section 29
3
1
Bovine spongiform encephalopathy, being a disease of animals which, in the opinion of the Ministers, constitutes a risk within the meaning of section 29 of the Act, is hereby designated for the purposes of that section.
2
The provisions of the Act listed in the Schedule to this Order shall apply in relation to bovine spongiform encephalopathy with a view to reducing the risk to human health from that disease.684
Amendment of the Bovine Spongiform Encephalopathy Order 1988
4
In article 2 of the Bovine Spongiform Encephalopathy Order 1988 the words “in its application to this Order” shall be omitted.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th December 1988
Peter Walker
Secretary of State for Wales
20th December 1988


text:
Citation and commencement
1
1
This Order may be cited as the Hereford and Worcester (District Boundaries) Order 1988.
2
This Order shall come into force on 23rd March 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 ( ).
3
For all other purposes this Order shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“boundary map” means the 2 maps prepared by the Department of the Environment, marked “Maps of the Hereford and Worcester (District Boundaries) Order 1988”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“county electoral division” means an electoral division of the county of Hereford and Worcester.
Transfers from the district of Leominster to the district of South Herefordshire
3
The parts of the district of Leominster and of the parish of Whitney-on-Wye which are marked A, B and D on boundary map 1 shall be transferred to —
a
the district of South Herefordshire;
b
the Merbach ward of that district;
c
the parish of Clifford;
d
the Dore and Bredwardine county electoral division;
e
the South Herefordshire petty sessional division.
Transfers from the district of South Herefordshire to the district of Leominster.
4
1
The parts of the district of South Herefordshire and of the parish of Bredwardine which are marked F and G on boundary map 2 shall be transferred to —
a
the district of Leominster;
b
the Castle ward of that district;
c
the parish of Letton;
d
the Weobley county electoral division.
2
The part of the district of South Herefordshire and of the parish of Bredwardine which is marked E on boundary map 2 shall be transferred to —
a
the district of Leominster;
b
the Eardisley ward of that district;
c
the parish of Willersley and Winforton;
d
the Weobley county electoral division;
e
the North Herefordshire petty sessional division.
3
The part of the district of South Herefordshire and of the parish of Clifford which is marked C on boundary map 1 shall be transferred to —
a
the district of Leominster;
b
the Eardisley ward of that district;
c
the parish of Whitney-on-Wye;
d
the Weobley county electoral division;
e
the North Herefordshire petty sessional division.
Town and Country Planning
5
Any provisions of a local plan adopted by the council of a district which apply immediately before 1st April 1988 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which that area is transferred.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
10th February 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dundee College of Technology (Change of Name) Regulations 1988 and shall come into force on 8th September 1988.
2
In these Regulations “the Scheme” means the Dundee College of Technology Scheme 1975( ).
Change of name of college
2
Dundee College of Technology shall be re-named and known as “Dundee Institute of Technology” .
Amendment of the Scheme
3
1
In paragraph 2 of the Scheme, for the definitions of “College” and “governing body” there shall be substituted the following definitions: —
“College” means Dundee Institute of Technology;
“governing body” means the Governors of Dundee Institute of Technology constituted under the provisions of paragraph 3;
.
2
In paragraph 3 of the Scheme, for the words “” The Governors of Dundee College of Technology “” there shall be substituted the words “” The Governors of Dundee Institute of Technology “” .
3
In paragraph 34(1) of the Scheme, for the words “Dundee College of Technology” there shall be substituted the words “Dundee Institute of Technology” .
Supplementary
4
Any reference to Dundee College of Technology, or to the Governors of Dundee College of 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 Dundee Institute of Technology or to the Governors of Dundee Institute of Technology, 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
1
This Order may be cited as the Video Recordings Act 1984 (Commencement No. 7) Order 1988.
2
This Order does not extend to Scotland.
2
In so far as the Video Recordings Act 1984 is not already in force it shall come into force on 1st September 1988.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
8th June 1988


text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) (No. 3) Order 1988 and shall come into force on 6th October 1988.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 10·75 per cent. per annum.
Alan Howarth
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 and shall come into force on 11th April 1988.
Interpretation
2
In these Regulations “the principal Act ” means the Social Security Act 1975 .
Benefits from which an award may be recovered
3
The following benefits are prescribed for the purposes of section 33(6) of the Social Security Act 1986 as benefits from which an award from the social fund may be recovered by deduction —
a
income support;
b
family credit;
c
unemployment benefit under section 14(1)(a) of the principal Act;
d
sickness benefit under section 14(1)(b) of the principal Act;
e
invalidity pension under section 15(1) of the principal Act;
f
invalidity allowance under section 16(1) of the principal Act ;
g
maternity allowance under section 22(1) of the principal Act ;
h
widowed mother’s allowance under section 25(1) and (2) of the principal Act ;
i
widow’s pension under section 26(1) of the principal Act ;
j
retirement pension (Categories A and B) under sections 28(1) and 29(1) of the principal Act ;
k
severe disablement allowance under section 36 of the principal Act ;
l
invalid care allowance under section 37 of the principal Act ;
m
retirement pension (Categories C and D) under section 39(1) of the principal Act ;
n
age addition under section 40(1) and (2) of the principal Act;
o
increases to unemployment benefit, sickness benefit, invalidity pension and Category A, B and C retirement pension under section 41(1) of the principal Act ;
p
increases to unemployment benefit, sickness benefit and maternity allowance under section 44(1) and (2) of the principal Act ;
q
increases to Category A and Category C retirement pension and to invalidity pension under section 45(2) of the principal Act ;
r
increases to Category A retirement pension under section 45A(1) of the principal Act ;
s
increases to Category A and Category C retirement pension and invalidity pension under section 46(2) of the principal Act ;
t
increases to invalidity pension under section 47(1) of the principal Act ;
u
increases to severe disablement allowance and invalid care allowance payable under section 49(a) and (b) of the principal Act ;
v
disablement benefit under section 57(1) of the principal Act ;
w
reduced earnings allowance under section 59A(1) of the principal Act ;
x
industrial death benefit under sections 67 to 70 of the principal Act ;
y
additions to Category A and Category B retirement pension under sections 6 to 10 of, and Schedule 1 to, the Social Security Pensions Act 1975 ;
z
additional pension payable as widows benefit under sections 6 and 13 of the Social Security Pensions Act 1975;
aa
additional pension payable as invalidity pension under sections 6 and 14 of the Social Security Pensions Act 1975;
bb
invalidity pension under sections 15 and 16 of the Social Security Pensions Act 1975 ;
cc
graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965 .
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 and interpretation
1
1
This Order may be cited as the Social Security Act 1988 (Commencement No. 1) Order 1988.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1988.
Appointed days
2
The day appointed for the coming into force of —
a
the provisions of the Social Security Act 1988 specified in Part I of the Schedule to this Order, is 17th March 1988;
b
Schedule 4, paragraph 20 (housing benefit finance) and section 16(1) (minor and consequential amendments) in so far as it relates to it, is 1st April 1988;
c
the provisions of the Social Security Act 1988 specified in Part II of the Schedule to this Order, is 6th April 1988;
d
the provisions of that Act specified in Part III of the Schedule to this Order, is 11th April 1988;
e
section 6 (contribution conditions for short-term benefits), and section 16(2) in so far as it relates to the repeals in Schedule 5 of provisions in Schedule 3 to the Social Security Act 1975 , is 2nd October 1988; and
f
section 7 (unemployment benefit and occupational pensions), is 1st January 1989.
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:
Title and commencement
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) (Variation) Order 1988 and shall come into force on 17th October 1988.
Variation
2
The Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1988 is hereby varied by inserting in article 2 thereof (prohibition), after the words “is prohibited” the words “except on and between 17 October and 31 October 1988”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th October 1988
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
13th October 1988
Peter Walker
Secretary of State for Wales
13th October 1988
Tom King
Secretary of State for Northern Ireland
13th October 1988


text:
1
This Order may be cited as the Combined Probation Areas (Oxfordshire) Order 1988 and shall come into force on 1st January 1989.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Oxfordshire Probation Committee shall be amended by omitting the entries in respect of the petty sessions areas of Moreton and Wallingford and of Wantage and Faringdon and by inserting in alphabetical order in column 1 “Didcot and Wantage” and corresponding to this in column 3 “3”.
3
The three justices appointed to be members of the Oxfordshire Probation Committee by the justices for the petty sessional divisions of Moreton and Wallingford and Wantage and Faringdon before those divisions were combined to form a new division known as the Didcot and Wantage division shall continue to hold office as members of that Committee, as if they had been appointed by the justices for that new division, 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 Road Transport (International Passenger Services) (Amendment) Regulations 1988 and shall come into force on the 18th November 1988.
2
The Road Transport (International Passenger Services) Regulations 1984 shall be amended by the substitution in paragraph (2) of regulation 12 (certain occasional services by vehicles not registered in a Member State, an ASOR State or an ECMT State) for the words “the section set out in Schedule 2” of the following words; —
a
in the case of a public service vehicle registered in the Union of Soviet Socialist Republics used to provide a service of a description such as is mentioned in article 3(1)(a) or (b) of regulation No. 117/66, the following section; —
12
No person shall cause or permit a public service vehicle to be used on a road for the international carriage of passengers unless there is carried on the vehicle a list of the passengers carried by the vehicle
; and
b
in any other case, the section set out in Schedule 2.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
14th October 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Act 1986 (Consequential) Amendment Regulations 1988 and shall come into force on 22nd June 1988.
Modification of section 63 of the Social Security Act 1986
2
Section 63 of the Social Security Act 1986 (annual uprating of benefits) shall be modified —
a
by adding at the end of subsection (10) the words “or which are additions to income support under regulations made under section 89 of this Act” ; and
b
by inserting after subsection (10) the following subsection —
10A
Any increase under this section of any of the sums which are additions to income support mentioned in subsection (10) above shall take the form of a direction that any such sum shall be increased by a specified percentage of its amount apart from the order.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
31st May 1988


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Self-Propelled Industrial Trucks (EEC Requirements) Regulations 1988, and shall come into force on 2nd November 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions have the following meanings:
“approved body” means a body appointed by the Secretary of State under regulation 4;
“certificate of conformity” means a certificate that the truck specified in the certificate conforms in all respects to the requirements of the Special Directive;
“conformity mark” means the mark of conformity referred to in regulation 7;
“EEC technical requirements” means the technical requirements referred to in Annex I of the Special Directive;
“EEC tests” means the tests and inspections for trucks in Annex I of the Special Directive;
“the Framework Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to common provisions for certain lifting and mechanical handling appliances ;
“manufacturer” means the manufacturer or his authorised representative established in the Community;
“market” means supply by way of sale, lease, hire or hire-purchase, whether as principal or agent for another;
“the Special Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to certain self-propelled industrial trucks ;
“truck” means a self-propelled industrial truck, that is, any wheeled vehicle, other than those running on rails, the capacity of which does not exceed 10,000 kilograms, or which in the case of tractors has a draw-bar pull of less than 20,000 newtons, that is designed to carry, tow, push, lift, stack or tier in racks any kind of load and is controlled by an operator who either walks with the vehicle or rides on a specially arranged driving platform which is either fixed to the chassis of the vehicle or can be raised, but excluding those vehicles specified in Schedule 1;
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Marketing of trucks
3
1
No person shall on or after 1st January 1989 market any truck manufactured on or after that date unless a certificate of conformity has been issued in respect of that truck and a conformity mark has been placed thereon in accordance with these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom.
2
Where a person (“the ostensible supplier”) markets any truck by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier: —
a
carries on the business of financing the acquisition of goods by others by means of such agreements; and
b
in the course of that business acquired his interest in the truck supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purpose of this regulation as marketing the truck to the customer and any duty imposed by these Regulations on those who market any truck shall accordingly fall on the effective supplier and not on the ostensible supplier.
3
Where a person (“the ostensible supplier”) markets any truck by supplying the same to another (“the customer”) under a lease, and the ostensible supplier —
a
has not previously granted any lease to the customer in respect of that truck; and
b
carries on the business of financing the use of goods by others by means of leases; and
c
in the course of that business acquired his interest in the truck supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”) and
d
he or his agent either
i
has not had physical possession of the truck; or
ii
has had physical possession of the truck only for the purpose of passing it to the customer; and
e
he or his agent has not modified, overhauled, repaired or restored the truck;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the truck to the customer and any duty imposed by these Regulations on those who market any truck shall accordingly fall on the effective supplier and not on the ostensible supplier.
4
Where —
a
paragraph (3) of this regulation has applied in respect of a lease; and
b
the ostensible supplier grants a further lease of the truck to the same customer; and
c
the truck has remained in the physical possession of the customer since he took possession of it under the first lease; and
d
the truck has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier;
then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.
Appointment of approved bodies
4
The Secretary of State shall appoint a body or bodies of persons in accordance with the conditions of the Framework Directive and subject to such conditions as he shall think fit —
a
to carry out in accordance with regulation 6 EEC tests on any truck; and
b
to do such other things as may be required or permitted under or in connection with these Regulations.
EEC Tests
5
EEC tests shall be carried out —
a
by the manufacturer to the extent that he satisfies the Secretary of State that he possesses the necessary means to enable him to do so; or
b
by an approved body on application by the manufacturer under regulation 6.
Testing by approved body
6
1
A manufacturer may make an application in writing to an approved body requesting the approved body to carry out on payment of the prescribed fee such of the EEC tests as the applicant may specify, accompanied by an information document in the form set out in Schedule 2.
2
Where the approved body is satisfied on application made to it under paragraph (1) above and after carrying out the EEC tests in respect of which the application was made that the results of any of those tests do not satisfy the requirements of Annex I of the Special Directive in respect of those tests it shall so inform the applicant in writing stating its reasons and also inform him of his right to apply for a review of the decision under regulation 9.
3
The prescribed fee payable under paragraph (1) above shall be equal to the sum of: —
a
the costs of the approved body of and in connection with the functions carried out or to be carried out by it under these Regulations (“the relevant service”); and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and the extent of the work done or to be done by the approved body in providing the relevant service, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
Certificate of conformity and conformity mark
7
Where a manufacturer is satisfied that a truck conforms in all respects to the requirements of the Special Directive he shall issue a certificate of conformity in the form set out in Schedule 3 that such truck does so conform and shall place on the truck a clearly visible, legible and indelible conformity mark in the form set out in Schedule 4.
Conformity checks
8
1
The Secretary of State may from time to time carry out in Great Britain checks of any truck in respect of which a certificate of conformity has been issued under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom to ascertain whether it has been manufactured to conform in all respects with the requirements of the Special Directive.
2
For the purpose of assisting the Secretary of State to carry out such checks every manufacturer shall in respect of each truck for which he issues a certificate of conformity retain from the date of issue of that certificate proper records, including documentary evidence showing the EEC tests that have been carried out in respect of that truck or any truck of the same type and that the EEC technical requirements have been complied with, and shall produce them to the Secretary of State on request.
3
If the Secretary of State, after checking a truck under paragraph (1) above, is satisfied that it has not been manufactured in conformity with the requirements of the Special Directive or that proper records have not been kept in accordance with paragraph (2) above, he may give notice to the manufacturer specifying the matters mentioned in paragraph (5) of this regulation.
4
If the Secretary of State is notified that a truck in respect of which a certificate of conformity has been issued has not been manufactured in conformity with the requirements of the Special Directive or that proper records have not been kept in accordance with paragraph (2) above, he may give notice to the manufacturer specifying the matters mentioned in paragraph (5) of this regulation.
5
The following matters shall be specified in a notice given under paragraph (3) or (4) of this regulation —
a
the respects in which a truck does not conform with the requirements of the Special Directive, or in which proper records have not been kept; and either
b
that unless steps are taken which ensure that the truck or any truck of the same type does so conform or that proper records are kept within a specified period any such truck shall not be marketed, or as the case may be shall be withdrawn from the market, and the obligation under regulation 7 to issue further certificates of conformity with respect to that truck or any truck of the same type and to place conformity marks thereon will be suspended or withdrawn; or
c
if the Secretary of State thinks fit, that any such truck shall not be marketed, or as the case may be shall be withdrawn from the market, or that any such obligation shall be suspended, with immediate effect.
6
If the Secretary of State decides that a truck shall not be marketed, or as the case may be shall be withdrawn from the market, or that any such obligation should be suspended or withdrawn he shall immediately give notice of the decision to the manufacturer.
7
A notice under this regulation shall specify the date on which it is to take effect and shall specify the grounds for the decision.
Review
9
1
A person who is aggrieved by a decision given by an approved body under regulation 6(2) may, in accordance with paragraphs (2) and (3) of this regulation, apply to the Secretary of State to review the decision and on such application the Secretary of State —
a
shall have the like powers and duties as an approved body has on an application to carry out EEC tests under regulation 6;
b
may hold an inquiry in connection therewith, and
c
may appoint an assessor for the purpose of assisting him with his review or any such inquiry.
2
An application under paragraph (1) of this regulation shall be made by notice to the Secretary of State, and shall be lodged with him not later than twenty one days from the date of the decision in respect of which the application for review is made.
3
A notice of application for review under this regulation shall state the grounds on which the application is made and shall be accompanied by a copy of the application made under regulation 6(1) and of the accompanying information document, and the notification of the reasons given by the approved body under regulation 6(2).
Offences
10
1
Subject to the following provisions of this regulation, any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1), or issues a certificate of conformity under regulation 7 in respect of a truck which does not conform with the requirements of the Special Directive, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding £2000.
2
Where the commission by any person of an offence under regulation 3(1) or 7 is 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.
3
In any proceedings against a person for an offence under any of the relevant statutory provisions (as defined in section 53(1) of the Health and Safety at Work etc. Act 1974 (“ the Act ”)) having effect on the date on which these Regulations are made which impose specific requirements in respect of any matter to which these Regulations apply it shall be a defence for that person to show that the requirements of these Regulations were satisfied in relation to that matter.
4
Where pursuant to section 24 of the Act a person appeals to an industrial tribunal against a notice, as defined in that section, which has been served on him in relation to a truck the industrial tribunal shall on such an appeal cancel that notice if the person on whom it was served can show that the requirements of these Regulations were satisfied in relation to the matters contained in that notice.
Offences by corporations
11
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed guilty of the offence.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
7th October 1988


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads the length given the reference letter “B” shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Wiltshire that the new trunk road is open for through traffic.
2
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 HA10/2 — SWM31 marked “The West of Southampton — Bath Trunk Road A36 (Codford Bypass) (Detrunking) 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 trunk road to be constructed by the Secretary of State in pursuance of the West of Southampton — Bath Trunk Road A36 (Codford Bypass) Order 1988; and
iv
“the Trunk Road” means the West of Southampton — Bath Trunk Road (A36).
3
This Order shall come into force on 26th February 1988 and may be cited as the West of Southampton — Bath Trunk Road A36 (Codford Bypass) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
G.M. Wedd
Regional Director South West Region
Department of Transport
10th February 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Compensation) Regulations 1988 and shall come into force on 26th January 1989.
2
In these Regulations —
“ the Act ” means the Social Security Act 1986;
“the Appropriate Schemes Regulations ” means the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 ;
“the Banking Act ” means the Banking Act 1987 ;
“the Building Societies Act ” means the Building Societies Act 1986 ;
“the Financial Services Act ” means the Financial Services Act 1986 ;
“the Financial Services Compensation Rules ” means the Financial Services (Compensation of Investors) Rules 1988 made by the Securities and Investments Board under section 54 of the Financial Services Act;
“the Friendly Societies Protection Scheme ” means the arrangement by that name made under section 141 of the Financial Services Act and approved for the time being by the Chief Registrar of Friendly Societies;
“liable scheme” has the meaning assigned by regulation 2;
“the Policyholders Protection Act ” means the Policyholders Protection Act 1975 ; and
“scheme” means personal pension scheme.
Application of Regulations
2
These Regulations apply to any scheme except a scheme which takes the form —
a
mentioned in regulation 2(1)(a) of the Appropriate Schemes Regulations (insurance policies and annuity contracts), being a scheme established by an authorised insurance company within the meaning of section 3(2) of the Policyholders Protection Act.
b
mentioned in the said regulation 2(1)(a) being a scheme established by a friendly society to which apply either the provisions of the Friendly Societies Protection Scheme or the provisions of the Financial Services Compensation Rules;
c
mentioned in regulation 2(1)(b) of those Regulations (unit trust schemes), being a scheme of which the trustee and operator are both subject to the provisions of the Financial Services Compensation Rules; and
d
mentioned in regulation 2(1)(c) of those Regulations (interest-bearing accounts etc. with banks and building societies), being a scheme which is established by a body to which the provisions of section 58 of the Banking Act apply, or established by a building society in relation to which, in the event of its insolvency, the provisions of section 27 of the Building Societies Act would apply,
and in these Regulations a scheme to which these Regulations apply is referred to as a“liable scheme”.
Requirements to be complied with by liable schemes in the event of insolvency
3
1
For the purposes of sub-paragraph (b) of paragraph 10 of Schedule 1 to the Act the prescribed circumstances are —
a
that if the scheme is a liable scheme which takes the form mentioned in regulation 2(1)(a) of the Appropriate Schemes Regulations and if (in the case of a scheme established by an insurance company) the provisions of section 10 of the Policyholders Protection Act applied, or (in the case of a scheme established by a friendly society) the provisions of either the Friendly Societies Protection Scheme or the Financial Services Compensation Rules applied, those provisions would become operative;
b
that if the scheme is a liable scheme which takes the form mentioned in regulation 2(1)(b) of the Appropriate Schemes Regulations and if the provisions of the Financial Services Compensation Rules applied, those provisions would become operative; and
c
that if the scheme is a liable scheme which takes the form mentioned in regulation 2(1)(c) of the Appropriate Schemes Regulations, and if the provisions of either section 58 of the Banking Act (if the scheme is established by a body mentioned in regulation 3(3)(c) or (d) of those Regulations) or section 27 of the Building Societies Act (if the Scheme is established by a body mentioned in regulation 3(3)(a) or (b) of those Regulations) applied, those provisions would become operative.
2
Subject to regulation 4, a liable scheme can be an appropriate scheme under Part I of the Act only if it secures that in the event that, by reason of the commission by any person of a criminal offence or in the circumstances specified in paragraph (1) (or both), the scheme is unable to meet from its own resources the whole or any part of its liability for protected rights under the scheme, that liability will, at least to the extent specified in paragraph (3), be met from some other source.
3
The extent to which the liability specified in paragraph (2) must be met from some other source is —
a
if the scheme takes the form mentioned in regulation 2(1)(a) of the Appropriate Schemes Regulations and is established by an insurance company, the extent to which it would be met under section 10 of the Policyholders Protection Act if that Act applied or, if it is established by a friendly society, the extent to which it would be met under the Friendly Societies Protection Scheme if that scheme applied;
b
if the scheme takes the form mentioned in regulation 2(1)(b) of the Appropriate Schemes Regulations, the extent to which it would be met under the Financial Services Compensation Rules if those rules applied; and
c
if the scheme takes the form mentioned in regulation 2(1)(c) of the Appropriate Schemes Regulations, the extent to which it would be met under section 58 of the Banking Act (if the scheme is established by a body mentioned in regulation 3(3)(c) or (d) of those Regulations) or section 27 of the Building Societies Act (if the scheme is established by a body mentioned in regulation 3(3)(a) or (b) of those Regulations) if those sections applied.
Transitional provision
4
If on the day when these Regulations come into force an appropriate scheme certificate is in force in relation to a liable scheme, the provisions of these Regulations shall not apply to that scheme until the expiration of the period of 3 months beginning with that day. Signed by authority of the Secretary of State for Social Security.
Signed by authority of the Secretary of State for Social Security
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
20th December 1988


text:
Citation and commencement
1
This Order may be cited as the Falmouth (Pilotage) Harbour Revision Order 1988 and shall come into force on 8th November 1988.
Interpretation
2
In this Order —
“the Commissioners” means the Falmouth Harbour Commissioners;
“the harbour” has the same meaning as in section 4 (Interpretation) of the Falmouth Harbour Act 1958 as amended by the Falmouth Harbour Revision Order 1985 ;
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Commissioners situated at 44 Arwenack Street, Falmouth, Cornwall, TR11 3JQ.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Commissioners shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour) the area coloured pink on the signed plan, being —
a
so much of the area outside the harbour as lies below the level of high water between the existing seaward limit of the harbour and an imaginary line from Dodman Point to Black Head; and
b
the tidal waters comprising St. Mawes Harbour lying north-east of the existing limit of the harbour between Castle Point and Carricknath Point.
Signed by authority of the Secretary of State
J.W.S. Dempster
An Under Secretary in the
Department of Transport
7th November 1988


text:
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 are hereby amended in accordance with the following provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the words specified in column 2 of that Table there shall be substituted the words specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing words Substituted words
46(2)(a) £100 £110 46(2)(b)(i) £100 £110 46(2)(b)(ii) £11.50 £13 50(a) £580 £640 £55 £60 50(b) £290 £320 50(c) £1240 £1370 53 £13 £14.50
4
At the end of regulation 57 there shall be added the following paragraph —
5
the prescribed fee for the issue of a copy of a certificate under this regulation is £7.50
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
29th February 1988


text:
1
These Regulations may be cited as the Free Zone (Amendment) Regulations 1988 and shall come into force on 10th May 1988.
2
The Free Zone Regulations 1984 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 6 —
a
in paragraph (1), for the words “the relevant period” there shall be substituted the words “such time as the Commissioners may direct”;
b
paragraph (2) shall be omitted.
4
Regulation 26 shall be omitted.
Philip Nash
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
12th April 1988


text:
Citation and commencment
1
This Order may be cited as the Leeds Development Corporation (Planning Functions) Order 1988 and shall come into force on 5th October 1988.
Interpretation
2
In this Order —
“the 1971 Act ” means the Town and Country Planning Act 1971 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Leeds Development Corporation (Area and Constitution) Order 1988 ; and
“the development corporation” means the Leeds Development Corporation.
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1971 Act
4
All the provisions of the 1971 Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with all the modifications specified in that Part.
Transitional provision: planning applications
5
1
This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which —
a
was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
a
Subject to sub paragraph (b), except where the previous authority resolves with the agreement of the applicant to transmit the appliction to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
b
Where an application relates to development or development of a class in respect of which there is in force a direction under article 10 of the Town and Country Planning General Development Order 1977 the previous authority shall not determine the application but shall, within 10 days of this Order coming into force, transmit it to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virture of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order under section 276 in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose remains liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
7th September 1988


text:
1
These Regulations may be cited as the Heavy Goods Vehicles (Drivers' Licences) (Amendment) (No. 2) Regulations 1988 and shall come into force on 26th September 1988.
2
The Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 shall be further amended in accordance with the following provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the words specified in column 2 of that Table there shall be substituted the words specified in column 3 of that Table.
TABLE
1 2 3 Regulation Existing Words Substituted Words
8 £3 £5 £7.50 £10 14(1) £1.50 £5 14(3) £1.50 £5
4
The amendments effected by these Regulations shall not apply where an application for a licence (full, provisional, exchange or duplicate) was received before 26th September 1988.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th June 1988


text:
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Insurance Companies) Order 1988 and shall come into force on the 5th April 1988.
2
Guernsey and the Isle of Man are respectively designated for the purposes of section 130 of the Financial Services Act 1986.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
8th March 1988


text:
Citation and commencement
1
These Regulations may be cited as the Reservoirs Act 1975 (Application Fees) (Amendment) Regulations 1988 and shall come into force on 10th February 1988.
Application fees
2
1
In regulation 2(2) of the Reservoirs Act 1975 (Supervising Engineers Panel) (Applications and Fees) Regulations 1984 (fee for appointment to the Supervising Engineers Panel), for “£95” substitute “£120”.
2
In regulation 2(2) of the Reservoirs Act 1975 (All Reservoirs Panel) (Applications and Fees) Regulations 1985 and regulation 3(2) of the Reservoirs Act 1975 (Non-Impounding and Service Reservoirs Panels) (Applications and Fees) Regulations 1985 (fees for appointment to the All Reservoirs Panel and to the Non-Impounding and Service Reservoirs Panels), for “£130” substitute “£155”.
Revocation
3
The Reservoirs Act 1975 (Application Fees) (Amendment) Regulations 1986 are hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
11th January 1988
Peter Walker
Secretary of State for Wales
18th January 1988
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
19th January 1988


text:
Title and Commencement
1
This Order may be cited as the Drug Trafficking Offences (Enforcement in England and Wales) Order 1988 and shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“the 1986 Act ” means the Drug Trafficking Offences Act 1986;
“the 1987 Act ” means the Criminal Justice (Scotland) Act 1987 ;
“administrator” has the same meaning as in section 47(1) of the 1987 Act.
Recognition and enforcement of orders under the 1987 Act
3
1
An order to which this article applies shall, subject to the following provisions of this Order, have effect in the law of England and Wales, but shall be enforced in England and Wales only in accordance with the provisions of this Order and any provision made by rules of court as to the manner in which and conditions subject to which such orders are to be enforced there.
2
The functions of an administrator appointed under section 13 of the 1987 Act shall, subject to the following provisions of this Order, have effect in the law of England and Wales.
3
If an order to which this article applies is registered under article 4 of this Order —
a
the High Court shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in that Court.
4
The orders to which this article applies are orders of the Court of Session —
a
made under sections 8, 11(1)(b), 12, 13, 14(3), 16, 24 and 41 of the 1987 Act,
b
relating to the exercise by that Court of its powers under those sections, or
c
relating to administrators in the performance of their functions under Part I of that Act,
but not including an order in proceedings for enforcement of any such order.
5
In this article and in article 4 below “order” means any order, direction or judgment (by whatever name called).
Provisions supplementary to article 3
4
1
The High Court shall, on application made to it in accordance with rules of court for registration of an order to which article 3 of this Order applies, direct that the order shall, in accordance with such Rules, be registered in that court.
2
The High Court shall have the like power to make an order under section 33 of the Supreme Court Act 1981 (extended power to order inspection of property etc. ) in relation to proceedings brought or likely to be brought under Part I of the 1987 Act in the Court of Session as if those proceedings had been brought or were likely to be brought in the High Court.
3
The High Court may, additionally, for the purpose of —
a
assisting the achievement in England and Wales of the purposes of orders to which article 3 of this Order applies, or
b
assisting administrators performing functions there under or for the purposes of Part I of the 1987 Act,
make such orders and do otherwise as seems to it appropriate.
4
A document purporting to be a copy of an order by the Court of Session under or for the purposes of Part I of the 1987 Act and to be certified as such by a proper officer of that court shall, in England and Wales, be received in evidence without further proof.
Exercise of powers
5
Subsections (2) to (6) of section 23 of the 1987 Act (exercise of powers by Court of Session etc.) shall apply as regards the powers conferred on the High Court under this Order as those subsections apply as regards the powers conferred on the Court of Session by the sections mentioned in subsection (1) of the said section 23.
Restraint orders – land
6
1
The Land Charges Act 1972 and the Land Registration Act 1925 shall apply —
a
in relation to restraint orders made under section 8 of the 1987 Act, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and (b) in relation to applications for such orders as they apply in relation to pending land actions.
2
The Lord Advocate or any person conducting a prosecution in Scotland on his behalf shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which such a restraint order or an application for such an order relates.
G I de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 3 Regulations 1988 and shall come into force as follows —
a
regulations 1 and 3, on 29th August 1988;
b
regulations 2 and 4 to 10 and the Schedule, on 12th September 1988.
2
In these Regulations “the General Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) —
a
after the definition of “polygamous marriage” there shall be inserted the following definition —
“registered person” means a person registered with a body mentioned in regulation 7D(1)(a)(i) to (iv) of the Child Benefit (General) Regulations 1976 for —
work; or
training under the youth training scheme;
;
b
after the definition of “young person” there shall be inserted the following definition —
“youth training scheme” means —
arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State); or
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces),
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.
.
Amendment of regulation 12 of the General Regulations
3
In regulation 12 of the General Regulations (relevant education) the words“except that, in a case” to the end of that regulation shall be omitted.
Insertion of regulation 13A into the General Regulations
4
After regulation 13 of the General Regulations (persons in relevant education who are entitled to income support) there shall be inserted the following regulation —
Persons under 18 years
13A
1
A person to whom this regulation applies and for the period specified in relation to him is a person within the prescribed circumstances and period mentioned in section 20(3)(a) of the Act (conditions of entitlement for persons under 18).
2
This regulation applies to a person of or over the age of 16 —
a
to whom any paragraph of Schedule 1A (circumstances in which a person aged 16 or 17 is eligible for income support) applies; and
b
for the period for which that paragraph applies or, if the relevant date specified in paragraph (3) falls within that period, for so much thereof as falls before that date.
3
In the case of a person —
a
to whom any paragraph in Part I (persons eligible until 18) of Schedule 1A applies, the relevant date is the date on which he attains the age of 18;
b
other than one to whom sub-paragraph (a) applies, to whom any paragraph in Part II (persons eligible until the relevant date) of that Schedule applies, the relevant date is the date determined in accordance with paragraph (7).
4
This regulation also applies to a person of, or over, the age of 16, other than one to whom any paragraph in Schedule 1A applies who is —
a
incapable of work and training under the youth training scheme by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is likely to end within a period of less than 12 months; or
b
a student, except during a period of study; or
c
a registered person who has been discharged from any institution to which the Prison Act 1952 applied or from custody under the Criminal Procedure (Scotland) Act 1975 after the relevant date determined in accordance with paragraph (7) and who is within the circumstances specified in Part II of Schedule 1A.
5
Paragraph (4)(a) and (b) shall have effect for a period —
a
beginning on the date on which paragraph (4)(a) or, as the case may be, paragraph (4)(b) applies to that person which first falls on or after the relevant date determined in accordance with paragraph (7); and
b
ending on the date on which that person attains the age of 18 or the date on which paragraph (4)(a) or (b), as the case may be, ceases to apply to him, whichever first occurs.
6
Paragraph (4)(c) shall have effect for a period —
a
beginning on that date on which paragraph (4)(c) applies to that person which first falls on or after the relevant date determined in accordance with paragraph (7); and
b
ending either eight weeks after the date on which that period begins or on the date on which that person attains the age of 18, whichever first occurs.
7
For the purposes of paragraphs (3)(b) and (4) to (6) —
a
in the case of a person who ceases to be treated as a child by virtue of section 2(1)(a) of the Child Benefit Act 1975 (meaning of child) or regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) —
i
on or after the first Monday in September, but before the first Monday in January of the following year, the relevant date is the last day of the week which falls immediately before the week which includes the first Monday in January in that year;
ii
on or after the first Monday in January but before the Monday following Easter Monday in that year, the relevant date is the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;
iii
at any other time of the year, the relevant date is last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year;
b
in the case of a person who was not treated as a child by virtue of section 2(1)(a) of that Act immediately before he was 16 and who has not been treated as a child by virtue of regulation 7 of those Regulations (interruption of full-time education), the relevant date is the date determined in accordance with sub-paragraph (a)(i), (ii) or (iii) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in England and Wales or, if he is resident in Scotland, in Scotland.
.
Amendment of regulation 18 of the General Regulations
5
In regulation 18 of the General Regulations (polygamous marriages) —
a
for the words “Subject to regulations” there shall be substituted the words “(1) Subject to paragraph (2) and regulations”;
b
in paragraph (1)(b) for the words “sub-paragraphs (3)(b) and” there shall be substituted the words “sub-paragraphs (3)(c) and”; and
c
at the end of paragraph (1) there shall be added the following paragraph —
2
In the case of a partner who is aged less than 18, the amount which applies in respect of that partner shall be nil unless —
a
that partner is treated as responsible for a child, or
b
that partner is a person who —
i
had he not been a member of a polygamous marriage would have been eligible for income support by virtue of regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or
ii
is a person in respect of whom there is a direction under section 20(4A) of the Act (income support to avoid severe hardship).
.
Amendment of regulation 23 of the General Regulations
6
1
In regulation 23 of the General Regulations (calculation of income and capital)–
a
in paragraph (1), for the words from the beginning to “(modifications in respect of children and young persons),” there shall be substituted the words “Subject to paragraphs (2) and (4) and to regulation 44 (modifications in respect of children and young persons), the income and capital of a claimant’s partner and”;
b
in paragraph (3) at the beginning there shall be inserted the words “Subject to paragraph (5)”;
c
after paragraph (3) there shall be inserted the following paragraphs–
4
Where at least one member of a couple is aged less than 18 and the applicable amount of the couple falls to be determined under paragraph 1(3)(b), (e) or (f) of Schedule 2 (applicable amounts), the income of the claimant’s partner shall not be treated as the income of the claimant to the extent that–
a
in the case of a couple where both members are aged less than 18, the amount specified in paragraph 1(3)(a) of that Schedule exceeds the amount specified in paragraph 1(3)(b) of that Schedule; and
b
in the case of a couple where only one member is aged less than 18, the amount specified in paragraph 1(3)(d) of that Schedule exceeds the amount which applies in that case which is specified in paragraph 1(3)(e) or (f) of that Schedule.
5
Where a member of a polygamous marriage is a partner aged less than 18 and the amount which applies in respect of him under regulation 18(2) (polygamous marriages) is nil, the claimant shall not be treated as possessing the income of that partner to the extent that an amount in respect of him would have been included in the applicable amount if he had fallen within the circumstances set out in regulation 18(2)(a) or (b).
.
Amendment of Schedule 1 to the General Regulations
7
In Schedule 1 to the General Regulations (persons not required to be available for employment), after paragraph 21 (persons in custody) there shall be inserted the following paragraph–
Member of couple looking after children while other member temporarily abroad
22
A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily abroad.
.
Insertion of Schedule 1A into the General Regulations
8
After Schedule 1 to the General Regulations (persons not required to be available for employment) there shall be inserted Schedule 1A set out in the Schedule to these Regulations.
Amendment of Schedule 2 to the General Regulations
9
In Schedule 2 to the General Regulations (applicable amounts) for sub-paragraph (3) of paragraph 1 (personal allowances) there shall be substituted the following sub-paragraph–
3
Couple–
a
where both members are persons aged less than 18
(3)(a) £38.80; and
i
at least one of them is treated as responsible for a child; or
ii
had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or
iii
they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or
iv
there is a direction under section 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or
v
there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A;
b
here both members are aged less than 18 and sub– paragraph (3)(a) above does not apply but one member of the couple–
(b) £19.40;
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A);
c
where both members are aged not less than 18;
(c) £51.45;
d
where one member is aged not less than 18 and the other member is a person under 18 who–
(d) £51.45;
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A);
e
where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who–
(e) £26.05;
i
is not eligible for income support under regulation 13A; or
ii
is not the subject of a direction under section 20(4A);
f
where one member is aged not less than 25 and the other member is a person under 18 who–
(f) £33.40.
i
is not eligible for income support under regulation 13A; and
ii
is not the subject of a direction under section 20(4A).
.
Amendment of Schedule 5 to the General Regulations
10
In Schedule 5 to the General Regulations (applicable amounts of persons in board and lodging accommodation or hostels)–
a
in paragraph 1(1)(b), after the words “for each member of his family” there shall inserted the words “, subject to sub-paragraph (3),”;
b
after paragraph 1(2) there shall be inserted the following sub-paragraph–
3
No amount shall be included for personal expenses for a partner aged less than 18 other than one to whom regulation 13A applies or one who is the subject of a direction under section 20(4A) of the Act.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
15th July 1988


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment No. 3 Order 1988 and shall come into force on 3rd October 1988.
Amendment of the Export of Sheep (Prohibition) (No. 2) Order 1987
2
The Export of Sheep (Prohibition) (No. 2) Order 1987 is hereby amended by substituting for article 2(4) the following sub-paragraph: —
b
any sheep which was marked, as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area —
i
with an apricot mark, in the case of a consent given on or before 31st July 1988; or
ii
with a green mark, in the case of a consent given on or before 27th September 1987; or
iii
with a blue mark, in the case of a consent given on or before 10th January 1988.
.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendment No. 2 Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on 28th September 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
Title and commencement
1
This Order may be cited as the Spring Traps Approval (Variation) Order 1988 and shall come into force on 1st January 1989.
Variation of principal Order
2
The Spring Traps Approval Order 1975 shall be varied by inserting at the end of the Schedule (in which are set out traps of a type and make approved for the purposes of section 8 of the Pests Act 1954) the provisions set out in the Schedule to this Order.


text:
1
These Regulations may be cited as the Merchant Shipping (Tonnage) (Amendment) Regulations 1988 and shall come into force on 1st December 1988.
2
The Merchant Shipping (Tonnage) Regulations 1982 shall be amended as follows: —
3
In regulation 2, after the definition of“existing ship” the following definition shall be inserted:
“fishing vessel” means a vessel for the time being used (or in the context of an application for registration, intended to be used) for or in connection with fishing for sea fish, other than a vessel used (or intended to be used) for fishing otherwise than for profit but excluding any vessel for the time being used (or intended to be used) wholly for the purpose of conveying persons wishing to fish for pleasure;
.
4
Regulation 3. — (1) shall be replaced by the following:
1
This Part of these Regulations (except paragraph (1A) of this regulation) and Schedules 2, 3 and 4 hereto shall apply to the following ships registered or to be registered in the United Kingdom under Part I of the principal Act being ships of 24 metres in length or over and not being fishing vessels:
a
new ships;
b
existing ships to which regulation 13(1) of these Regulations would otherwise apply but which undergo alterations or modifications which result in a substantial variation in their existing gross tonnage;
c
existing ships, if the owner so requests;
d
all ships with effect from 18th July 1994.
1A
This Part of these Regulations (except paragraph (1) of this regulation) and Schedules 2, 3 and 4 hereto shall also apply to all fishing vessels of 24 metres in length or over registered or to be registered under Part II of the Merchant Shipping Act 1988;
Provided that where a fishing vessel was, immediately before 1st December 1988, registered under Part I or Part IV of the principal Act and its tonnage as recorded in the register was determined in accordance with Schedule 5 hereto or Schedule 4 to the Merchant Shipping (Fishing Boats Registry) Order 1981 the tonnage of that vessel shall continue to be so determined until —
i
the vessel undergoes alterations or modifications which result in a substantial alteration to its existing gross tonnage; or
ii
the owner requests that the vessel’s tonnage be determined in accordance with Schedules 2, 3 and 4 hereto; or
iii
18th July 1994
whichever first occurs:
.
5
In regulation 9, after the words“the principal Act” there shall be inserted the words“or Part II of the Merchant Shipping Act 1988”.
6
In paragraph (1) of regulation 12, the words from and including“and fishing boats” to the end shall be replaced by the words“of the principal Act but excluding fishing vessels”.
7
Paragraph 2 of regulation 12 shall be deleted.
8
In regulation 13 —
i
at the end of paragraph (1) the following words shall be added:
, other than fishing vessels registered or to be registered under Part II of the Merchant Shipping Act 1988.
.
ii
in paragraph (2) the words from and including“or to existing British fishing boats” to the end shall be deleted.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
2nd November 1988


text:
1
This Order may be cited as the Merchant Shipping (Fishing Boats Registry) (Amendment) Order 1988 and shall come into force on 17th March 1988.
2
Article 5 of the Merchant Shipping (Fishing Boats Registry) Order 1981 shall be replaced by the following: —
5
A register in the form specified in Schedule 2 hereto with a consecutive series of numbers shall be kept in respect of each port of registry.
.
G. I. de Deney
Clerk of the Privy Council