text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Annual Accounting) Regulations 1988 and shall come into force on 1st July 1988.
Interpretation
2
In these Regulations —
“ the Act ” means the Value Added Tax Act 1983;
“authorised person” means a person who has been authorised by the Commissioners in accordance with regulation 3 of these Regulations, and“authorised” and“authorisation” shall be construed accordingly;
“current accounting year” means the period of twelve months commencing at the date of authorisation by the Commissioners set out in regulation 3 below or, while a person remains authorised, the most recent anniversary thereof, and is a prescribed accounting period within the meaning of section 14(1) of the Act.
“registered” means registered under Schedule 1 to the Act and“registration” shall be construed accordingly.
Annual accounting scheme
3
The Commissioners may, subject to these Regulations, authorise a taxable person to account for tax in accordance with a scheme (hereinafter referred to as“the scheme”) by which he —
a
pays by direct debit on his bank account in nine equal monthly instalments commencing on the last day of the fourth month of his current accounting year 90 per cent of his liability for tax as estimated by the Commissioners for that current account year; and
b
furnishes by the last day of the second month following the end of that current accounting year a return in respect of that year, together with any outstanding payment due to the Commissioners in respect of his liability for tax declared on that return.
Admission to the scheme
4
1
A taxable person shall be eligible to apply for authorisation under regulation 3 above if —
a
he has been registered for at least one year at the date of his application for authorisation;
b
he has reasonable grounds for believing that the value of taxable supplies made by him in the period of one year beginning at the date of his application for authorisation will not exceed £250,000;
c
he has made all the returns which he is required to make, and has paid to the Commissioners all such sums shown as due on those returns, and on any assessments made either under Schedule 7 to the Act, or under section 21 of the Finance Act 1985 ;
d
his total credits for input tax did not exceed his total output tax in the year prior to his application for authorisation;
e
his registration is not in the name of a group under section 29(1) of the Act;
f
his registration is not in the name of a division under section 31(1) of the Act; and
g
he has not in the three years preceding the date of his application for authorisation had his authorisation terminated under regulation 8(1) below.
2
The Commissioners may refuse to authorise a person under regulation 3 above where they consider it necessary to do so for the protection of the revenue.
5
1
An authorised person may start to use the scheme at the beginning of the current accounting year indicated in the notification of that authorisation.
2
An authorised person shall remain in the scheme for a minimum of two years unless —
a
at the end of any current accounting year the value of taxable supplies made by him in that year has exceeded by 25 per cent or more the figure of £250,000, in which case his authorisation shall terminate forthwith;
b
at any time there is reason to believe that the value of taxable supplies made by him in a current accounting year will exceed by 25 per cent or more the figure of £250,000, in which case he shall within thirty days notify the Commissioners, who may terminate his authorisation; or
c
his authorisation is terminated earlier in accordance with regulation 8 below.
6
An authorised person who ceases to operate the scheme either of his own volition or because the value of taxable supplies made by him exceeds the level provided for in regulation 5 above shall account for and pay tax as provided for by or under the Act.
7
Where an authorised person becomes insolvent and ceases to trade, other than for the purpose of disposing of stocks and assets, or where such person ceases business or ceases to be registered or dies or becomes bankrupt or incapacitated, his authorisation shall terminate forthwith and he or his representative shall within two months furnish a return as provided for by or under the Act accounting for and paying tax in respect of supplies made during his current accounting year, subject to any adjustment for credit for input tax.
Expulsion from the scheme
8
1
The Commissioners may terminate an authorisation in any case where —
a
a false statement has been made by or on behalf of an authorised person in relation to his application for authorisation;
b
an authorised person fails to furnish by the due date his return in respect of the current accounting year;
c
an authorised person fails to make any payment prescribed in regulation 3 above;
d
an authorised person has failed to leave the scheme as provided for in regulation 5(2) above; or
e
it is necessary to do so for the protection of the revenue.
2
A person whose authorisation has been terminated under paragraph (1) of this regulation shall account for and pay tax as provided for by or under the Act.
Peter Jefferson Smith
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
16th May 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Customs Duties (ECSC) (Quota and Other Reliefs) (Amendment) Order 1988 and shall come into force on 15th February 1988.
2
From the coming into force of this Order, the Customs Duties (ECSC) (Quota and Other Reliefs) Order 1987 shall not apply to goods originating in the Republic of Korea.
Alan Clark
Minister for Trade,
Department of Trade and Industry
10th February 1988


text:
Citation and commencement
1
This Order may be cited as the Littlehampton (Pilotage) Harbour Revision Order 1988 and shall come into force on 7th December 1988.
Interpretation
2
In this Order —
“the Board” means the Littlehampton Harbour Board;
“the harbour” means the harbour as defined in section 36 (Limits of harbour) of the Littlehampton Harbour and Arun Drainage Outfall Act 1927 ;
“the 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 principal office of the Board situated at 1 Pier Road, Littlehampton, West Sussex BN17 5LR.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Board 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 the waters of the sea for a distance of three nautical miles from low water mark of ordinary spring tides bounded on the west by an imaginary line joining Halnaker Mill and Middleton Church and on the east by an imaginary line joining Chanctonbury Ring and Goring Church.
Signed by authority of the Secretary of state
J.W.S. Dempter
An Under Secretary in the
Department of Transport
6th December 1988


text:
Citation and commencement
1
These Rules may be cited as the Domestic Courts (Constitution) (Inner London) (Amendment) Rules 1988 and shall come into force on 8th June 1988.
Combined panels
2
For rule 12 of the Domestic Courts (Constitution) (Inner London) Rules 1979 there shall be substituted the following —
12
1
Subject to the provisions of this rule, the committee of magistrates may make a direction for the formation or dissolution of a combined panel in respect of two or more petty sessions areas in the same commission area, provided that a direction for the formation of a combined panel shall not be made in respect of a petty sessions area in which the committee of magistrates has determined under section 11(4) of the Act of 1964 that domestic proceedings shall not be heard.
2
A direction under paragraph (1) above shall be notified forthwith to the justices for each petty sessions area specified in the direction.
3
A direction for the formation of a combined panel shall state —
a
the number of justices who are to serve as members of the combined panel, which shall be such as the committee of magistrates thinks sufficient for domestic courts in the petty sessions areas specified in the direction; and
b
the number of justices to serve as members thereof who are to be provided by each area, such number, as nearly as may be, being the proportion which the number of justices for that area bears to the total number of justices for the petty sessions areas specified in the direction.
4
The number of justices specified under paragraph (3)(a) above may at any time be increased by a further direction of the committee of magistrates which shall take effect forthwith.
5
A direction for the formation or dissolution of a combined panel under paragraph (1) above shall take effect on 1st January in the year following the next October meeting of the justices for each of the areas concerned held in accordance with rules made under section 18 of the Justices of the Peace Act 1979 for the purpose of electing a chairman of the justices.
6
a
A combined panel formed by a direction made under paragraph (1) above shall be the panel for the petty sessions areas specified in the direction and, in relation to any such combined panel, subject to rule 12A of these Rules, these Rules shall have effect accordingly; and
b
on the coming into effect of a direction made under this rule (other than a further direction under paragraph (4) above) any existing panel in respect of any of the petty sessions areas specified in the direction and any appointments thereto shall cease.
12A
1
Where a direction has been made for the formation of a combined panel under rule 12 of these Rules, the justices for each petty sessions area specified in the direction shall, at the meeting of the justices referred to in rule 12(5) of these Rules, appoint, subject to paragraph (2) below, such number of suitable justices from the petty sessions area as is specified in the direction to serve as members of the combined panel for a term commencing on 1st January in the following year and ending at the same time as will end the term of any justices for the time being appointed under rule 3(2A) of these Rules to form a panel for a petty sessions area to which these Rules apply which is not specified in a direction under the said rule 12.
2
In relation to the appointment of justices under paragraph (1) above, rules 3(3) and (4), 4(2) and 5 of these Rules shall apply as they apply in relation to appointments under rule 3(2A).
3
Subject to paragraph (4) below, after the first appointments to a combined panel have been made in accordance with paragraph (1) above, these Rules shall have effect in relation to the combined panel as if —
a
in rule 3 —
i
references to appointments to a panel in paragraph (2A) of that rule were references to appointments to the combined panel of such number of justices from the petty sessions area as is specified in the direction; and
ii
paragraph (5) thereof were omitted;
b
for paragraph (1) of rule 4 there were substituted the following paragraph —
1
The members of a combined panel provided by each petty sessions area for which the panel is formed shall be appointed from amongst the justices for that area.
;
c
for paragraph (1) of rule 8 there were substituted the following paragraph —
1
If a vacancy occurs in the number of justices forming a combined panel or if a further direction is made under rule 12(4) of these Rules, the justices for the appropriate petty sessions area shall, as soon as may be practicable, appoint such a justice or justices as might have been appointed to the panel under rule 4 above.
4
Where a direction is made under paragraph (1) of rule 12 of these Rules for the dissolution of a combined panel, the justices for each petty sessions area specified in the direction shall (unless the petty sessions area is also specified in a direction for the formation of a combined panel), at the meeting of the justices referred to in rule 12(5) of these Rules, appoint, in accordance with paragraph (5) below, suitable justices to form a panel for that area for a term commencing on 1st January in the following year and ending at the same time as will end the term of any justices for the time being appointed under rule 3(2A) of these Rules to form a panel for any petty sessions area to which these Rules apply which is not specified in a direction under the said rule 12.
5
In relation to the appointment of justices under paragraph (4) above, rules 3(3), (4) and (5), and rules 4 and 5 of these Rules shall apply as they apply in relation to appointments under rule 3(2A).
Mackay of Clashfern, C.
Dated 9th May 1988


text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) (No.2) Order 1988 and shall come into force on 6th August 1988.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 9.75 per cent. per annum.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
1
This Order may be cited as the Carriage by Air (Parties to Convention) Order 1988.
2
It is hereby certified that the High Contracting Parties to the Warsaw Convention, 1929, and to the Warsaw Convention as amended at The Hague, 1955, and the territories in respect of which they are respectively parties are as specified in Schedule 1 to this Order.
3
In the said Schedule 1 an asterisk in a column opposite the name of a territory means that this Order does not certify that a State is a party, in respect of that territory, to the Convention named at the head of the column.
4
It is hereby certified that the High Contracting Parties specified in Schedule 2 to this Order have availed themselves of the provisions of the Additional Protocol to the Convention to which they are hereby certified as Parties, by declaring that the first paragraph of article 2 to the Convention shall not apply to international carriage by air performed directly by the State or any territory or possession under its jurisdiction.
5
The Carriage by Air (Parties to Convention) Order 1977 , the Carriage by Air (Parties to Convention) (Supplementary) Order 1977 and the Carriage by Air (Parties to Convention) (Supplementary) Order 1978 are superseded by this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules for the Registration of Custody Orders of the Sheriff Court) 1988 and shall come into force on 4th April 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Interpretation
2
In this Act of Sederunt: —
“the Act of 1986 ” means the Family Law Act 1986;
“appropriate court” means the High Court in England and Wales or the High Court in Northern Ireland, as the case may be;
“appropriate register” means the court book in which there is registered
the action in which the custody order was originally sought;
“custody order” has the meaning assigned to it by sections 1, 32, 40, 42(5) and 42(6) of the Act of 1986;
“proper officer” means the Secretary of the Principal Registry of the Family Division of the High Court in England and Wales or the Master (Care and Protection) of the High Court in Northern Ireland, as the case may be.
Applications for registration of custody orders in another court
3
1
An application under section 27 of the Act of 1986 to register a custody order made by a sheriff court in an appropriate court in England and Wales or Northern Ireland shall be made by letter to the sheriff clerk of the court in which the order was made.
2
An application under paragraph (1) of this rule shall be accompanied by-(a) a copy of the letter of application;
b
an affidavit by the applicant;
c
a copy of that affidavit;
d
a certified copy interlocutor of the custody order;
e
a certified copy interlocutor of any variation which is in force of the custody order; and
f
any other document relevant to the application together with a copy of it.
3
An affidavit required under this rule should set out-(a) the name and address of the applicant and his right under the custody order;
b
the name and date of birth of the child in respect of whom the custody order was made, the present whereabouts or suspected whereabouts of the child and the name of any person with whom he is alleged to be;
c
the name and address of any other person who has an interest in the custody order;
d
whether the custody order is to be registered in England and Wales or Northern Ireland or both jurisdictions and the court in which it is to be registered;
e
whether the custody order is in force;
f
whether the custody order is already registered and, if so, where it is registered; and
g
details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the custody order is to be registered.
4
Where the court refuses to send an application under this rule to the appropriate court on the ground that the custody order is no longer in force, the sheriff clerk shall notify the applicant in writing of the court’s decision.
5
The sheriff clerk shall retain the letter of application under this rule together with any documents which accompanied it and which are not transmitted to the appropriate court under section 27(3) of the Act of 1986.
Transmission of application for registration
4
1
Unless it appears to the court that the custody order is no longer in force, the sheriff clerk shall send the documents mentioned in section 27(3) of the Act of 1986 to the proper officer of the court in which the custody order is to be registered.
2
For the purposes of section 27(3)(b) of the Act of 1986 the prescribed particulars of any variation which is in force of a custody order shall be a certified copy interlocutor of any such variation.
3
On sending an application under paragraph (1) of this rule, the sheriff clerk shall record the date and particulars of the application and the custody order in the appropriate register.
4
On receiving notification from the proper officer of an appropriate court that the custody order has been registered in that court under section 27(4) of the Act of 1986, the sheriff clerk shall record the date of registration in the appropriate register.
Cancellation or variation of registered custody order
5
1
Where the court revokes, recalls or varies a custody order which it has made, the sheriff clerk shall —
a
send a certified copy interlocutor of the revocation, recall or variation to the proper officer of the court in which the custody order is registered;
b
record the transmission of the certified copy in the appropriate register; and
c
record the revocation, recall or variation in the appropriate register.
2
On receiving notification from the proper officer of the court in which the custody order is registered that he has amended his record, the sheriff clerk shall record the fact that the amendment has been made in the appropriate register.
Emslie
Lord President, I.P.D. Edinburgh
23rd March 1988


text:
1
The Order may be cited as the Income and Corporation Taxes Act 1988 (Appointed Day No. 2) Order 1988.
2
The day appointed for the purposes of section 729 of the Income and Corporation Taxes Act 1988 is 9th June 1988.
A. M. Battishill
J. G. Isaac
Two of the Commissioners of Inland Revenue
9th June 1988


text:
Citation and commencement
1
This Order may be cited as the Irvine (Pilotage Powers) Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order “the Company” means the Irvine Harbour Company.
Application of Pilotage Act 1987
3
1
The Company shall be a competent harbour authority for the purposes of the Pilotage Act 1987.
2
References in the Pilotage Act 1987 to the harbour authority’s harbour in their application to the Company’s harbour shall be taken as references to the area within the harbour which comprises the waters of the sea bounded by —
a
an imaginary straight line extending from Stevenston Burn (latitude 55° 37'.6N longitude 4° 45'.2W) one mile in a south westerly direction to a point at latitude 55° 36'.7N, longitude 4° 46'.3W;
b
an imaginary straight line extending from North Gailes Burn (latitude 55° 35'.5N longitude 4° 40'.0W) one mile in a south westerly direction to a point at latitude 55° 33'.3N longitude 4° 41'.0W;
c
an imaginary straight line joining the seaward ends of the two aforementioned straight lines, together with all bays, rivers, creeks and channels within that area.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
1st September 1988


text:
Citation and commencement
1
This Order may be cited as the Wolverhampton Urban Development Area Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Wolverhampton Urban Development Area Order 1988”, of which a print signed by an Under Secretary in the Department of the Environment, is deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the borough of Wolverhampton.
Designation of urban development area
3
The area comprising the three areas shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Exercise of functions
4
The functions of an urban development corporation for the area designated by article 3 shall be performed by the Black Country Development Corporation .
Nicholas Ridley
Secretary of State for the Environment
24th March 1988


text:
1
This Order may be cited as the Consumer Arbitration Agreements Act 1988 (Appointed Day No. 2) Order 1988.
2
The appointed day for sections 6 to 8 of the Consumer Arbitration Agreements Act is 1st February 1989.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
29th December 1988


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) Order 1988 and shall come into force on 6th May 1988.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 7.75 per cent. per annum.
TABLE
Section 8 of the Finance ( No. 2) Act 1947 (unpaid profits tax, excess profits tax and excess profits levy)
Paragraph 10(1) of Schedule 7 to the Finance Act 1960 (unpaid profits tax recovered to make good loss due to taxpayer’s fault)
Sections 86 , 86A , 87 , and 88 , of the Taxes Management Act 1970 (unpaid income tax, surtax, capital gains tax, corporation tax, including advance corporation tax, development land tax, and overpaid development land tax)
Paragraph 15(1) of Schedule 2 to the Oil Taxation Act 1975 (unpaid petroleum revenue tax)
3
The prescribed rate of interest for the purposes of section 47(1) of the Finance (No. 2) Act 1975 and sections 824(1) and 825(2) of the Income and Corporation Taxes Act 1988 (supplement in respect of repayments of certain taxes) shall be 7.75 per cent. per annum.
Mark Lennox Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
21st April 1988


text:
1
The M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No. 1) Scheme 1984 (hereinafter referred to as“the principal scheme”) is hereby varied so that —
a
in article 5(2)(i), after the words“lettered C2” there are inserted the words“and the plan folio numbered HA16/1 WMRO XIX marked“The M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No. 1) Scheme 1984 Variation (No. 2) Scheme 1988, containing a map with the reference D2”” and for the word“each” there is substituted the word“all”;
b
for paragraph 5 of Schedule 2 there is substituted the following paragraph: —
5
Junction with the A41 Trunk Road at Barford, Warwick
Two routes to connect the northbound and southbound carriageways of the motorway with a roundabout proposed to be constructed as part of the A41 Trunk Road at Barford (the special roads along those routes being respectively given the reference letters M and N on the map given the reference D2 in the deposited plan)
.
2
For the purposes of article 3 of the principal scheme (date on which special roads are to become trunk roads), in relation to the special roads described in paragraph 5 of Schedule 2 to that order as substituted by article 1(b) of this Scheme the date be the date when this Scheme comes into force.
3
The connecting roads lettered M and N on the map with the reference D in the plan folio numbered HA16/1 WMRO(L)I marked“The M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No. 1) Scheme 1984” shall be deemed to be omitted from that folio.
4
This Scheme shall come into force on 28th January 1988 and may be cited as the M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No. 1) Scheme 1984 Variation (No. 2) Scheme 1988.
Signed by the authority of the Secretary of State
H. F. Ellis-Rees
Regional Director West Midlands Region
Department of Transport
14th January 1988


text:
Title and Commencement
1
This Order may be cited as the Precept Limitation (Prescribed Maximum) (Merseyside Passenger Transport Authority) Order 1988 and shall come into force on 14th February 1988.
Prescription of maximum precept
2
There is hereby prescribed under section 1 of the Rates Act 1984, for the financial year beginning on 1st April 1988, as the maximum precept for the Merseyside Passenger Transport Authority the amount of 27 pence in the pound.
Paul Channon
Secretary of State for Transport
10th February 1988


text:
Citation and commencement
1
This Order may be cited as the Silloth (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the existing area of jurisdiction” means the limits of the dock undertaking of Associated British Ports at Silloth, as described in section XL1 of the Carlisle and Silloth Bay Railway and Dock Act 1855 , together with the limits within which the harbour master exercises authority, as described in section XLV1 of the said Act;
“the 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 office of the Dock Master of Associated British Ports at Silloth situated at Dock Office, Silloth, Cumbria CA5 4JQ.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which Associated British Ports shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the existing area of jurisidiction) the area coloured pink on the signed plan, being so much of the Solway Firth as is bounded on the seaward side by an imaginary line commencing at the level of high water at Grune Point in the County of Cumbria, (position latitude 54°54.00'N, longitude 03°20.20'W) extending thence due west-south-west to Southerness Point in the Region of Dumfries and Galloway, (position latitude 54°52.30'N, longitude 03°35.65'W), thence due south (true) to latitude 54°43.67'N and thence due east (true) to a point at the level of high water on the coastline of the County of Cumbria north-east of Maryport (position latitude 54°43.67'N, longitude 03°29.35'W) and on the landward side by an imaginary line drawn below the coastline of the County of Cumbria along the level of high water between the said Grune Point and the said point north-east of Maryport.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
19th September 1988


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) (No. 2) Order 1988 and shall come into force on 6th August 1988.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 9.75 per cent. per annum.
TABLE
Section 8 of the Finance (No. 2) Act 1947 (unpaid profits tax, excess profits tax and excess profits levy)
Paragraph 10(1) of Schedule 7 to the Finance Act 1960 (unpaid profits tax recovered to make good loss due to taxpayer’s fault)
Sections 86 , 86A , 87 and 88 of the Taxes Management Act 1970 (unpaid income tax, surtax, capital gains tax, corporation tax, including advance corporation tax, development land tax, and overpaid development land tax)
Paragraph 15(1) of Schedule 2 to the Oil Taxation Act 1975 (unpaid petroleum revenue tax)
3
The prescribed rate of interest for the purposes of section 47(1) of the Finance (No. 2) Act 1975 and sections 824(1) and 825(2) of the Income and Corporation Taxes Act 1988 (supplement in respect of repayments of certain taxes) shall be 9.75 per cent. per anum.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 1988 and shall come into force on 11th April 1988.
Amendment of terms of service
2
1
Schedule 1 to the National Health Service (General Ophthalmic Services) Regulations 1986 (terms of service) shall be amended according to the following provisions of this regulation.
2
In paragraph 4(1) and (2) (premises and equipment) and paragraph 6(2) (records), in each case, for the words “A contractor” there shall be substituted the words “Subject to paragraph 8(5), a contractor”.
3
In paragraph 7(3) (deputies) there shall be added, at the end, the following words “to the same extent as the contractor for whom he is deputising”.
4
In paragraph 8(5) (employees) there shall be added, at the end, the following words —
but only, in the case of paragraphs 4(1) and (2) and 6(2), to the extent that he has not taken all reasonable steps to secure that the requirements of those provisions are met.
.
4
In paragraph 10 (testing of sight) after sub-paragraph (3) there shall be inserted the following sub-paragraph —
3A
Where a contractor issues to a patient a prescription for glasses, he shall, immediately thereafter, require the patient to acknowledge its receipt on a sight test form.
.
Signed by authority of the Secretary of State for Social Services
Tony Newton
Minister of State,
Department of Health and Social Security
11th March 1988


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Transfer Payments) Regulations 1988 and shall come into force on 1st July 1988.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Income and Corporation Taxes Act 1988;
“appropriate personal pension scheme” shall be construed in accordance with sections 1(8) and 84(1) of the Social Security Act 1986 ;
“ Board ” means the Commissioners of Inland Revenue;
“cash equivalent” in relation to benefits means the actuarial value of benefits which have accrued to, or in respect of, an individual at the relevant date;
“controlling director” means a director within the meaning of section 612(1) of the Act to whom subsection (5)(b) of section 417 of the Act (read with subsections (3), (4) and (6) of that section) applies;
“guaranteed minimum pension” shall be construed in accordance with section 26(2) of the Social Security Pensions Act 1975 ;
“personal pension scheme” means a personal pension scheme approved, or provisionally approved, by the Board under Chapter IV of Part XIV of the Act;
“personal pension protected rights premium” means a premium payable under section 5(4) of the Social Security Act 1986;
“protected rights” shall be construed in accordance with Schedule 1 to the Social Security Act 1986 ;
“the relevant date” shall be construed in accordance with paragraph 12 of Schedule 1A to the Social Security Pensions Act 1975 ;
“remuneration” shall be construed in accordance with section 612(1) of the Act;
“retirement annuity contract or trust scheme” means a retirement annuity contract or trust scheme approved by the Board under Chapter III of Part XIV of the Act;
“retirement benefits scheme” means a retirement benefits scheme approved by the Board under Chapter I of Part XIV of the Act;
“statutory scheme” has the meaning given to it by section 612(1) of the Act.
Requirements as to the making of transfer payments
3
1
Subject to paragraph (2), the administrator of a personal pension scheme if requested so to do in writing by an individual who is a member of the scheme shall make a transfer payment to —
a
another personal pension scheme,
b
a retirement benefits scheme to which an employer of the individual makes or has made contributions, or
c
a statutory scheme.
2
A transfer payment shall comprise the whole of the accumulated fund unless, and to the extent that, the fund —
a
includes protected rights, or
b
has been, or will be, used to pay a personal pension protected rights premium.
4
If a transfer payment is made to another personal pension scheme, the administrator of the personal pension scheme from which the payment is made shall, within the period of 30 days after the date on which it is made, notify in writing the administrator of the scheme which receives it of any part of the payment which represents a transfer from —
a
a retirement benefits scheme, or
b
a statutory scheme.
Requirements as to the acceptance of transfer payments
5
Subject to regulation 6, a personal pension scheme shall accept a transfer payment from —
a
another personal pension scheme,
b
a retirement benefits scheme,
c
a statutory scheme, or
d
a retirement annuity contract or trust scheme.
6
1
A personal pension scheme shall not accept a transfer payment from —
a
a retirement benefits scheme, or
b
a statutory scheme
(in this regulation referred to as “the paying scheme”) in the circumstances specified in paragraph (2) unless the administrator of the personal pension scheme has obtained the certificate specified in paragraph (3) from the individual referred to in paragraph (2).
2
The circumstances specified in this paragraph are circumstances where, in respect of any employment to which the proposed transfer payment, or any part of it, relates —
a
an individual is, or has been at any time during the period of ten years prior to the date on which a right to a cash equivalent arose, a controlling director, or
b
an individual’s annual remuneration is, or was for any year during the period of ten years prior to the date on which the right to a cash equivalent arose, £100,000 or in excess of that amount.
3
The certificate specified in this paragraph is a certificate, signed by the administrator of the paying scheme, and which shows that —
a
the proposed transfer payment calculated in accordance with “Retirement Benefit Schemes — Transfer Values (GN11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at the date of the calculation does not exceed the cash equivalent of the benefits under the paying scheme reflected in the transfer payment (together with, in circumstances where paragraph (4) is applicable, such cash equivalent as is not so reflected) based on the formula N/NS × P where — N is the number of actual years service in respect of which benefits have accrued to the member under —
i
the paying scheme, and
ii
where a transfer payment has been accepted by the paying scheme from a retirement benefits scheme or statutory scheme, the retirement benefits scheme or statutory scheme,
NS up to a maximum of 40, NS is the number of years of potential service to normal retirement age under the rules of —
i
the paying scheme, and
ii
where a transfer payment has been accepted by the paying scheme from a retirement benefits scheme or statutory scheme, the retirement benefits scheme, or statutory scheme, NS up to a maximum of 40, and NS is the maximum benefits which could have been provided under the rules of the paying scheme in respect of the number of potential years of service expressed in the denominator NS, taking into account the maximum benefits that the scheme could have provided for the individual and his dependants, and on the assumptions that —
i
had the individual remained a member of the scheme the benefits which would have accrued to him throughout the period between the end of his actual service and his normal retirement age under the rules of the paying scheme would have increased at the rate of 5 per cent. per annum, and
ii
that pensions payable thereafter would increase at the rate of 3 per cent. per annum; and
b
except in the circumstances and to the extent specified in paragraph (4), the proposed transfer payment represents the whole of the individual’s accrued rights to benefits under the paying scheme.
4
The circumstances specified in this paragraph are circumstances where, to the extent that any enactment requires or permits an occupational pension scheme to restrict the amount which may be transferred —
a
regulation 2A of the Occupational Pension Schemes (Transfer Values) Regulations 1985 applies and the transfer value provided by the occupational pension scheme does not include benefits which accrued to the individual as a member of the scheme in relation to the service before 6th April 1988, or
b
the individual’s benefits include rights to a guaranteed minimum pension or protected rights and the personal pension scheme receiving the transfer payment is not an appropriate personal pension scheme.
Requirements as to the application of transfer payments
7
Where a personal pension scheme accepts a transfer payment the whole of the transfer payment shall be applied to a personal pension arrangement made in accordance with the scheme.
8
1
Subject to regulation 9, where a personal pension scheme accepts a transfer payment from —
a
a retirement benefits scheme, or
b
a statutory scheme,
the accumulated value arising from the transfer payment at the date of death of the individual (in this regulation and in regulation 9 referred to as “the accumulated value”) shall be applied in accordance with sub-paragraph (2).
2
The accumulated value may be applied —
a
wholly to secure the payment of an annuity which satisfies the conditions contained in section 636 of the Act, or
b
as to not more than 25 per cent. to secure the payment of a lump sum and as to the balance to secure the payment of such an annuity as is referred to in paragraph (a).
9
Where the administrator of a personal pension scheme, having taken all reasonable steps, is satisfied that there is no surviving spouse to whom an annuity referred to in regulation 8(2)(a) can be paid, the whole of the accumulated value may be paid as a lump sum.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
9th June 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment No. 3 Regulations 1988 and shall come into force as follows —
a
for the purposes of this regulation and regulations 5 and 6, 5th September 1988;
b
for the purposes of regulations 2, 4 and 8, 12th September 1988;
c
for the purposes of regulation 7 in any case to which paragraph (2)(a) or (b) of this regulation applies, 1st April 1989;
d
for the purposes of regulation 7 in any other case, 3rd April 1989; and
e
for the purposes of regulation 3, 10th April 1989.
2
This paragraph applies in any case where —
a
rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof; or
b
payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof.
3
In these Regulations “the General Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) there shall be inserted after the definition of “student” the following definition —
“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
.
Amendment of regulation 8 of the General Regulations
3
In regulation 8 of the General Regulations (eligible housing costs) —
a
in paragraph (2), sub-paragraph (c) shall be omitted;
b
in paragraph (3) for the words “for board and lodging at” there shall be substituted the words “in respect of a payment made by him in respect of”.
Amendment of regulations 27, 35, and 43 of, paragraph 34 of Schedule 4 to, and paragraph 23 of Schedule 5 to, the General Regulations
4
In the following provisions of the General Regulations there shall be inserted after the words “the Macfarlane Trust” the words “or the Independent Living Fund” —
a
regulation 27(1) (treatment of charitable or voluntary payments);
b
regulation 35(3) (notional income);
c
regulation 43(3) (notional capital);
d
paragraph 34 of Schedule 4 (income other than earnings to be disregarded);
e
paragraph 23 of Schedule 5 (capital to be disregarded).
Amendment of regulation 51 of the General Regulations
5
In regulation 51(1) of the General Regulations (eligible rent) for “£17.80” and “£13.60” there shall be substituted “£18.50” and “£14.00” respectively.
Amendment of regulation 53 of the General Regulations
6
In regulation 53(2)(g) of the General Regulations (calculation of grant income) for the sum of “£210” there shall be substituted the sum of “£220”.
Amendment of Schedule 1 to the General Regulations
7
In Schedule 1 to the General Regulations (ineligible service charges) —
a
in paragraph 1(a), at the beginning of head (i) there shall be inserted the words “subject to paragraph 1A”;
b
after paragraph 1 there shall be added the following paragraph —
Amount ineligible for meals
1A
1
Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.
2
Where the charge includes provision for at least three meals a day, the amount shall be —
a
for a single claimant, £12.50;
b
if the claimant is a member of a family —
i
for the claimant and for each member of his familyaged 16 or over, £12.50;
ii
for each member of his family under age 16, £6.25.
3
Except where sub-paragraph (4) applies, where the charge includes provision for less than three meals a day, the amount shall be —
a
for a single claimant, £8.30;
b
if the claimant is a member of a family —
i
for the claimant and for each member of his family aged 16 or over, £8.30;
ii
for each member of his family under age 16 £4.15.
4
Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be £1.50.
;
c
in paragraphs 2(1) and 3, at the beginning of each of those paragraphs there shall be inserted the words “Subject to paragraph 1A,”;
d
in paragraph 5 —
i
in sub-paragraph (2) for the words “sub-paragraph (3)” there shall be substituted the words “sub-paragraphs (2A) and (3)”;
ii
after sub-paragraph (2) there shall be inserted the following sub-paragraph —
2A
Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one-half of the aggregate of the amounts specified in sub-paragraph (2)(a), (b) and (c).
.
iii
in sub-paragraph (3) after the words “sub-paragraph (2)” there shall be inserted the words “or (2A)”.
Amendment of Schedule 5 to the General Regulations
8
In paragraph 24 of Schedule 5 (capital to be disregarded) at the end there shall be added the following sub-paragraph —
2
In this paragraph “dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
12th August 1988


text:
Citation and commencement
1
This Order may be cited as the Dutch Elm Disease (Restriction on Movement of Elms) (Amendment) Order 1988 and shall come into force on 1st May 1988.
Amendment of the Dutch Elm Disease (Restriction on Movement of Elms) Order 1984
2
The Dutch Elm Disease (Restriction on Movement of Elms) Order 1984 shall be amended by substituting for the Schedule to that Order (areas into and within which the movement of elm with bark is restricted) the Schedule to this Order.
In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 23rd March 1988.
P. J. Clarke
Secretary to the Forestry Commissioners


text:
Citation and Commencement
1
These Regulations may be cited as the Use of Invalid Carriages on Highways Regulations 1988 and shall come into force on 30th January 1989.
Revocation and saving
2
1
Subject to paragraph (2), the Use of Invalid Carriages on Highways Regulations 1970 (“the 1970 Regulations ”) are hereby revoked.
2
Nothing in these Regulations shall apply to invalid carriages manufactured before 30th January 1989, and the 1970 Regulations shall continue to apply to such invalid carriages as if these Regulations had not been made.
Interpretation
3
In these Regulations —
the “ 1970 Act ” means the Chronically Sick and Disabled Persons Act 1970;
the “ 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
a “Class 1 invalid carriage” means an invalid carriage which is not mechanically propelled;
a “Class 2 invalid carriage” means a mechanically propelled invalid carriage which is so constructed or adapted as to be incapable of exceeding a speed of 4 miles per hour on the level under its own power;
a “Class 3 invalid carriage” means a mechanically propelled invalid carriage which is so constructed or adapted as to be capable of exceeding a speed of 4 miles per hour but incapable of exceeding a speed of 8 miles per hour on the level under its own power;
“horn” has the meaning given by regulation 37(10)(a) of the 1986 Regulations;
“reversing alarm” has the meaning given by regulation 37(10)(c) of the 1986 Regulations;
“road” has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984 ;
“two-tone horn” has the meaning given by regulation 37(10)(d) of the 1986 Regulations.
Prescribed conditions for purposes of section 20(1) of the 1970 Act
4
The conditions in accordance with which an invalid carriage must be used, in order that the modifications of the statutory provisions mentioned in subsection (1) of section 20 of the 1970 Act shall have effect in the case of the invalid carriage (being modifications of certain statutory provisions which relate to the use of vehicles on footways and roads) shall be —
a
in the case of Class 1, Class 2 and Class 3 invalid carriages that the invalid carriage must be used —
i
by a person falling within a class of persons for whose use it was constructed or adapted, being a person suffering from some physical defect or physical disability;
ii
by some other person for the purposes only of taking the invalid carriage to or bringing it away from any place where work of maintenance or repair is to be or has been carried out to the invalid carriage;
iii
by a manufacturer for the purposes only of testing or demonstrating the invalid carriage;
iv
by a person offering to sell the invalid carriage for the purpose only of demonstrating it; or
v
by a person giving practical training in the use of the invalid carriage for that purpose only;
b
in the case of Class 1, Class 2 and Class 3 invalid carriages, that any horn fitted to it must not be sounded in the circumstances set out in regulation 5;
c
in the case of Class 3 invalid carriages only —
i
that the invalid carriage must not be used by a person who is aged under 14 years;
ii
that, when being used on a footway, the invalid carriage must not be driven at a speed greater than 4 miles per hour;
iii
that the invalid carriage must not be used on a footway unless the device fitted in accordance with regulation 10(1)(a) is operating; and
iv
that the invalid carriage must not be used at any time unless the speed indicator fitted to it in accordance with regulation 10(1)(b) is operating.
5
The circumstances referred to in regulation 4(b) are that the invalid carriage is either —
a
stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or
b
in motion on a road which is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 between 23.30 hours and 07.00 hours in the following morning.
Prescribed requirements for purposes of section 20(1) of the 1970 Act
6
The requirements with which an invalid carriage must comply in order that the modifications of the statutory provisions mentioned in subsection (1) of section 20 of the 1970 Act shall have effect in the case of the invalid carriage (being modifications of certain statutory provisions which relate to the use of vehicles on footways and roads) shall be —
a
that it shall be a Class 1, Class 2 or Class 3 invalid carriage; and
b
the requirements specified in regulations 7 to 14.
Unladen weight
7
1
The unladen weight of a Class 1 or Class 2 invalid carriage shall not exceed 113.4 kilograms.
2
The unladen weight of a Class 3 invalid carriage shall not exceed 150 kilograms.
3
In this regulation, “unladen weight” means the weight of the invalid carriage inclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for its propulsion and of loose tools, but exclusive of the weight of any other load or of a person carried by the invalid carriage.
Means of stopping
8
1
A Class 2 or Class 3 invalid carriage shall be so constructed and maintained that it meets the requirements set out in paragraphs (2) to (4).
2
The invalid carriage shall be capable of being brought to rest in all conditions of use with reasonable directional stability and within a reasonable distance.
3
When the invalid carriage is not being propelled or is left unattended it shall be capable of being held stationary indefinitely in all conditions of use on a gradient of at least 1 in 5.
4
The requirements of paragraphs (2) and (3) shall not be regarded as met unless the necessary braking effect can be achieved by the appropriate use —
a
of the invalid carriage’s propulsion unit or transmission gear or of both the propulsion unit and transmission gear;
b
of a separate system fitted to the vehicle (which may be a system which operates upon the propulsion unit or transmission gear); or
c
of a combination of the means of achieving a braking effect referred to in sub-paragraphs (a) and (b);
and in the case of paragraph (3) without depending upon any hydraulic or pneumatic device or on the flow of electrical current.
Lighting
9
A Class 2 or Class 3 invalid carriage when on the carriageway of any road shall comply with the requirements specified in the Road Vehicles Lighting Regulations 1984 as if it was a motor vehicle within the meaning of the Road Traffic Act 1972 and as if any reference to an invalid carriage in those Regulations included an invalid carriage within the meaning of the 1970 Act.
Speed device and speed indicator
10
1
A Class 3 invalid carriage shall be fitted with —
a
a device which is capable of limiting the maximum speed of the invalid carriage to 4 miles per hour on the level under its own power and which can be put into operation by the user; and
b
a speed indicator.
2
A speed indicator fitted in accordance with this regulation shall be kept free from any obstruction which might prevent it being easily seen by the user of the invalid carriage and shall be maintained in efficient working order.
3
In this regulation, “speed indicator” means a device fitted to an invalid carriage for the purpose of indicating to the user of the invalid carriage whether the device referred to in paragraph (1)(a) is in operation.
Width
11
The overall width of a Class 3 invalid carriage shall not exceed 0.85 metres.
Audible Warning Instrument
12
1
A Class 3 invalid carriage shall be fitted with a horn, not being a reversing alarm or a two-tone horn.
2
The sound emitted by any horn fitted to an invalid carriage shall be continuous and uniform and not strident.
Vision
13
1
A Class 2 or Class 3 invalid carriage shall be so constructed that the user of the invalid carriage can at all times have a full view of the road and traffic ahead when controlling the invalid carriage.
2
Any windscreen or window fitted to a Class 2 or Class 3 invalid carriage shall be made of safety glass or safety glazing and shall be maintained in such condition that it does not obscure the vision of the user of the invalid carriage while the invalid carriage is being driven.
3
In this regulation —
“safety glass” means glass so manufactured or treated that if fractured it does not fly into fragments likely to cause severe cuts; and
“safety glazing” means material other than glass so manufactured or treated that if fractured it does not fly into fragments likely to cause severe cuts.
Rear view mirrors
14
1
A Class 3 invalid carriage shall be fitted either internally or externally with a rear view mirror.
2
Any rear view mirror fitted to an invalid carriage shall be so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.
3
In this regulation “rear view mirror” means a mirror to assist the user of the invalid carriage to become aware of traffic to the rear of the invalid carriage.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
21st December 1988


text:
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 8) Order 1988.
2
The provisions of the Financial Services Act 1986 specified in the Schedule to this Order shall come into force on 29th April 1988.
3
Except as provided in articles 4 and 5 of this Order, section 57 of the Financial Services Act 1986 shall come into force on 29th April 1988.
4
Except as provided in article 5 of this Order, section 57 of the Financial Services Act 1986 shall come into force on —
a
6th May 1988 insofar as it relates to an advertisement not falling within sub-paragraph (b) or (c) below which is issued or caused to be issued by a person who is not an authorised person;
b
29th May 1988 insofar as it relates to an advertisement issued for valuable consideration in a newspaper, journal, magazine or other periodical publication which is published at intervals of less than 7 days; and
c
29th July 1988 insofar as it relates to an advertisement issued for valuable consideration either —
i
in any newspaper, journal, magazine or other publication which does not fall within sub-paragraph (b) above; or
ii
by way of sound broadcasting or television, by the exhibition of cinematographic films or by the distribution of recordings.
5
Section 57 of the Financial Services 1988 shall not come into force on whichever is applicable of the dates specified in article 3 or 4 of this Order insofar as it has effect in relation to an advertisement issued on or after whichever is applicable of those dates in an edition of a newspaper, magazine, journal or other publication first issued before the relevant date.
6
1
Section 76 of the Financial Services Act 1986 shall come into force on 29th April 1988 except insofar as it has effect in relation to —
a
a collective investment scheme which takes the form of an open-ended investment company units in which are either included in the Official List of The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited or are offered on terms such that any agreement for their acquisition is conditional upon their admission to that List; or
b
any prospectus issued by or on behalf of an open-ended investment company which complies with Chapter II of Part III of the Companies Act 1985 or the corresponding provisions of the Companies (Northern Ireland) Order 1986 and the issue of which in the United Kingdom does not contravene section 74 or 75 of the Companies Act 1985 or the corresponding provisions of the Companies (Nothern Ireland) Order 1986 as the case may be.
2
Section 76 of the Financial Services Act 1986 shall come into force for all remaining purposes on 1st July 1988.
7
Section 212(3) of and Schedule 17 to the Financial Services Act 1986 shall come into force on 1st July 1988 insofar as is necessary to have the effect that, to the extent that they do apply, the provisions of Part III and section 693 of and Schedule 3 to the Companies Act 1985 and the corresponding provisions of the Companies (Northern Ireland) Order 1986 cease to apply to a prospectus offering for subscription, or to any application form for, units in a body corporate which is an open-ended investment company.
Alan Clark
Minister of State,
Department of Trade and Industry
8th April 1988


text:
Citation and interpretation
1
1
This Order may be cited as the Anatomy Act 1984 (Commencement) Order 1988.
2
In this Order —
“ the Act ” means the Anatomy Act 1984;
“the 1832 Act ” means the Anatomy Act 1832 .
Day specified for the coming into force of the Act.
2
The Act shall come into force on 14th February 1988.
Transitional provisions
3
1
Where, immediately before 14th February 1988, there is in force a licence to practice anatomy granted to a person under section 1 of the 1832 Act he shall be deemed to have been granted a licence under section 3(2) of the Act to carry out anatomical examinations and to have possession of anatomical specimens for a period commencing with that date and expiring on the date on which he attains the age of 70 years or the date on which his tenure of appointment to the post he occupied on 14th February 1988 ceases, whichever of those dates first occurs.
2
Where notice was given to the Secretary of State before 14th February 1988 under section 12 of the 1832 Act of a place where it was intended to practise anatomy an application shall be made for a licence under section 3(1) of the Act for the use of those premises for carrying out anatomical examinations before the expiration of the period of 1 year commencing with 14th February 1988 and the premises shall be deemed to be licensed under section 3(1) of the Act for carrying out anatomical examinations until —
a
the date on which a licence under section 3(1) of the Act is granted or refused, as the case may be; or
b
13th February 1991,
whichever of those dates first occurs.
3
A person who is deemed by virtue of paragraph (1) above to have been granted a licence under section 3(2) of the Act who has in his possession parts of bodies in the circumstances specified in paragraphs (a), (b) and (c) of section 5(4) of the Act shall before the end of the period of 6 months commencing on 14th February 1988 make application for a licence under section 5(5) of the Act and shall be deemed to have been granted such a licence until either —
a
the date on which a licence under section 5(5) is granted or refused, as the case may be; or
b
if no application is made before the end of the period of 6 months mentioned above, on the expiry of that period.
4
Any direction or permission given under the 1832 Act to permit or cause the body of a deceased person to undergo anatomical examination shall be deemed for the purposes of the Act to be an authority given in pursuance of the Act.
Signed by Authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
21st January 1988


text:
Citation and commencement
1
These Regulations may be cited as the Funds for Trade Union Ballots (Amendment No. 2) Regulations 1988 and shall come into force on 1st February 1989.
Interpretation
2
In these Regulations “the 1984 Regulations ” means the Funds for Trade Union Ballots Regulations 1984 .
Application
3
1
Subject to paragraph (2), below, the amendments made to the 1984 Regulations by regulations 4 to 7 of these Regulations shall apply to a ballot if, but only if, the last day for casting votes in that ballot falls on or after 1st February 1989.
2
The amendments made by regulations 5 to 7, below, shall not apply to a ballot containing a question the purpose of which falls within regulation 5(b)(i) of the 1984 Regulations if the latest time at which a person might have become a candidate in the election in question fell before 1st February 1989.
Amendment of the 1984 Regulations
4
In regulation 3 of the 1984 Regulations (interpretation), after the definition of “the Scheme” there shall be inserted —
“the scrutineer” means the person appointed by a trade union in relation to the ballot in question in accordance with section 15(2) of the 1988 Act;
.
5
1
In regulation 8 of the 1984 Regulations, after paragraph (1A) there shall be inserted —
1B
Notwithstanding anything in paragraph (1), above, no application shall be made in respect of a ballot containing a question the purpose of which falls within paragraphs (b)(i) or (e) of regulation 5, above, before the date on which the trade union publishes the result of the ballot in accordance with subsection (7) of section 15 of the 1988 Act.
.
2
In regulation 8 of the 1984 Regulations, after regulation (2) there shall be inserted —
2A
Every application under paragraph (1) in respect of such a ballot as is mentioned in paragraph (1B), above, shall be accompanied by a copy of such report with respect to the ballot as is mentioned in subsection (5) of section 15 of the 1988 Act.
.
6
In regulation 12 of the 1984 Regulations, after paragraph (ea) there shall be inserted —
eb
in the case of a question the purpose of which falls within paragraphs (b)(i) or (e) of regulation 5, above, that the requirements of subsection (2) of section 15 of the 1988 Act have been satisfied in relation to that ballot;
ec
in the case of a question the purpose of which falls within paragraphs (b)(i) or (e) of regulation 5, above, that each voting paper —
i
clearly specified the address to which, and the date by which, the voting paper was to be returned;
ii
was given one of a series of consecutive whole numbers every one of which was used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot; and
iii
was marked with its number;
.
7
In regulation 19 of the 1984 Regulations, after paragraph (c) there shall be inserted —
ca
in the case of a ballot containing a question the purpose of which falls within paragraphs (b)(i) or (e) of regulation 5, above, with respect to which ballot the report mentioned in paragraph (2A) of regulation 8, above, indicates that the scrutineer was not satisfied as to one or more of the matters specified in subsection (6) of section 15 of the 1988 Act, the last date on which an application under section 5 of the 1984 Act, or, as the case may be, section 16 of the 1988 Act, could be made in respect of the ballot;
.
Signed by order of the Secretary of State.
John Cope
Minister of State,
Department of Employment
5th December 1988


text:
1
This Order may be cited as the Submarine Pipe-lines (Designated Owners) (No. 11) Order 1988 and shall come into force on 1st July 1988.
2
For the purposes of Part III of the Act, BP Petroleum Development Limited, whose registered office is at Britannic House, Moor Lane, London EC2Y 9BU, is hereby designated as the owner of so much of the pipe-lines specified in Part I of the Schedule hereto as are controlled pipe-lines and the owner of the controlled pipe-lines specified in Part II of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
1st June 1988


text:
1
This Order may be cited as the South West Water Authority (River Lew Discharge) Order 1988 and shall come into force on the 29th April 1988.
2
The South West Water Authority may for the purpose of augmenting the flow of the River Lew discharge water from the Roadford Reservoir into the River Lew at a discharge point between National Grid References SX 505968 and SX 508973 at a rate not exceeding 81,500 cubic metres per day.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
28th April 1988


text:
1
The (A1) London — Edinburgh — Thurso Trunk Road (Newcastle Western Bypass and Slip Roads) Order 1986 is hereby varied by substituting, for the figure “1240”, in Schedule 1 and in Schedule 3, the figure “1490”.
2
This Order shall come into force on 21st April 1988 and may be cited as the (A1) London-Edinburgh-Thurso Trunk Road (Newcastle Western Bypass and Slip Roads) Order 1986 Variation Order 1988.
Signed by authority of the Secretary of State
J. A. Owen
Regional Director Northern Region
Department of Transport
24th March 1988


text:
Citation
1
This Order may be cited as the Southampton (Pilotage) Harbour Revision Order 1988.
Interpretation
2
In this Order —
“the harbour” means the limits of the Port of Southampton, as defined in section 5 of the Southampton Harbour Act 1887 , as that section has effect in accordance with section 16 of the British Transport Docks Act 1972 , and excluding the navigation as defined in the said section 16;
“the 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 office of the Port Director of Associated British Ports at Dock House, Canute Road, Southampton, SO9 1PZ.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which Associated British Ports shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour) the eastern and southern added areas, the boundaries of which are shown in red on the signed plan and described respectively in Parts I and II of the Schedule to this Order.
Paul Channon
Secretary of State for Transport
22nd September 1988


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1988 and shall come into force on 1st August 1988.
Amendment of Regulations
2
1
The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 shall be amended in accordance with the following paragraphs of this regulation.
2
In Schedule 1 (terms of service for doctors), there shall be inserted after paragraph 33A the following paragraph —
33B
A doctor shall not without reasonable excuse demand or accept from a Committee any fee or other remuneration to which he is not entitled under the provisions of the regulations, the Statement published under regulation 24 or the Drug Tariff.
.
3
In Schedule 3A (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
the following entries shall be omitted: —
Congesteze Paediatric Syrup
Congesteze Syrup
Congesteze Tablets
Normacol Standard Granules
Normacol Standard Sugar Free Formula Granules
Q-Panol Tablets
ROC Total Sunblock Creams (light tan; deep tan)
Trufree Bread Mix
Trufree Pasta Mix
Trufree Plain Flour
Trufree Sweet Biscuit Mix;
b
the following entries shall be inserted: —
i
immediately after “10 Hour Capsules” —
10.10 Cleaning and Disinfecting Solution
10.10 Rinsing and Neutralising Solution,
ii
at the appropriate point in the alphabetical order —
Ami — 10 Rinsing and Storage Solution
Amiclear Contact Lens Cleanser Tablets
Amidose Saline Solution 30ml
Amin-Aid
Barnes — Hind Cleaning and Soaking Solution
Barnes — Hind Intensive Cleaner
Barnes — Hind No. 4 Cleaner
Barnes — Hind Wetting and Soaking Solution
Bausch and Lomb Cleaning Tablets
Bausch and Lomb Daily Lens Cleaner
Bausch and Lomb Saline Solution
BC 500 Vitamin Sachets Effervescent
Bergasol Ultra Protection Tanning Lotion
Biactol Anti-Bacterial Face Wash
Boots Baby Oil
Boots Soft Lens Comfort Solution
Boots Soft Lens Soaking Solution
Boston Lens Cleaning Solution
Boston Lens Wetting and Soaking Solution
Carnation Slender Meal Replacement (All Flavours)
Clean and Soak
Coda-Med Tablets
Contactaclean Cleaning Solution
Contactasoak Disinfecting and Soaking Solution
Contactasol Wetting Solution
Elizabeth Arden Flawless Finish
Elizabeth Arden Sunblock Cream Factor 15
Ener-G Gluten-free and Soya-free Macaroon Cookies
Ener-G Gluten-free and Yeast-free Brown Rice Bread
Ener-G Gluten-free Rice Peanut-Butter Cookies
Ener-G Gluten-free Rice Walnut Cookies
Ener-G Low-Protein and Gluten-free Egg Replacer
Falkamin
Flexcare Soft Lens Solution
Flexsol Solution
GF Brand Chocolate Nut Cookies
GF Brand Fruit Bran Biscuits
GF Brand Ginger Cookies
GF Brand Gluten-free Coconut Cookies
GF Brand Gluten-free Pastry Mix
GF Brand Muesli
GF Brand Muesli Fruit Biscuits
Healtheries Rice Crispbread
Hexidin Solution
Hydrocare Boiling/Rinsing Solution
Hydrocare Cleaning and Soaking Solution
Hydrocare Preserved Saline Solution
Hydrocare Protein Remover Tablets
Hydroclean Solution
Hydron Europe Cleaning Solution
Hydron Europe Comfort Soaking Solution
Hydron Europe Solusal
Hydron Europe Solution Comfort
Hydrosoak Disinfecting and Soaking Solution
Hydrosol Comfort Solution
Infa-Care Baby Bath
Johnson & Johnson Baby Oil
Johnson & Johnson Baby Powder
Junior Disprol Tablets
Junior Paraclear Tablets
Kelsoak 2 Solution
Kelvinol 2 Wetting Solution
Lactaid Lactase enzyme for milk drops
Lactaid Lactase enzyme tablets
Lactaid Lactose reduced skimmed and whole milk UHT
LC 65 Cleaning Solution
Lensept Solution
Lensine 5 All in One Solution
Lensplus Sterile Saline Spray
Lensrins Solution
Liquifilm Wetting Solution
Listerine Antiseptic Mouthwash
Listermint Mouthwash
Marvel
Maxisorb
Mediclean Soft Lens Solution
Medisoak Soft Lens Solution
Milupa 7 Cereal Breakfast
Milupa Special Formula HN25
Minoxidil Lotion
Mira Flow Soft Lens Solution
Mira Soak Soft Lens Soaking Solution
Mira Sol Soft Lens Solution
Panadol Junior Sachets
Paraclear Tablets
Paracodol Capsules
Paxalgesic Tablets
Phisoderm
Piz Buin Children’s Balm SPF 8
Piz Buin Creme factor 6
Piz Buin Creme factor 8
Piz Buin Lip Protection Stick SPF8
Piz Buin SPF 6 Lotion
Piz Buin SPF 8 Lotion
Pliagel Soft Lens Solution
Preflex Solution
Prenatol Anti Stretch Mark Cream
Regaine
Rite Diet Diabetic Fruit Cake
Rite Diet Gluten-free Baking Powder
Rite Diet Gluten-free Crunchy Bars
Rite Diet Gluten-free Muesli Cookies
RoC Compact Cleanser
RoC Foundation Cream
RoC Vitamin Cream
Ruthmol
Savlon Baby Care Cream
Savlon Baby Care Lotion
Savlon Baby Care Oil
Savlon Baby Care Powder
Savlon Baby Care Shampoo
Savlon Baby Care Soap
Selora Sodium-free Salt Substitute
Soaklens Solution
Softtab Soft Lens Care Tablets
Solpadeine Capsules
Solusol Solution
Soquette Soaking Solution
Steri-Clens Solution
Steri-Solve Soft Lens Solution
Titan Hard Cleanser
Total All Purpose Solution
Transclean Cleaning Solution
Transdrop
Transoak Solution
Transol Solution
Trufree Crispbran
Vaseline Intensive Care Lotion
Vaseline Intensive Care Lotion Herbal and Aloe.
Signed by authority of the Secretary of State for Social Services
Tony Newton
Minister of State,
Department of Health and Social Security
27th June 1988


text:
Title and commencement
1
This Order may be cited as the Tayside, Fife and Central Regions and Perth and Kinross, Dunfermline and Clackmannan Districts (Solsgirth) Boundaries Amendment Order 1988, and shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The Tayside, Fife and Central Regions and Perth and Kinross, Dunfermline and Clackmannan Districts (Solsgirth) Boundaries Amendment Order 1988 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Part of Perth and Kinross District in Tayside Region, being the Area A described in the Schedule to this Order and shown delineated, hatched and marked “Area A” on the boundary map, shall be transferred to Clackmannan District in Central Region.
2
Part of Dunfermline District in Fife Region, being the Area B described in the Schedule to this Order and shown delineated, hatched and marked “Area B” on the boundary map, shall be transferred to Clackmannan District in Central Region.
Consequential changes of electoral arrangements
5
1
Area A described in the Schedule to this Order (being the area transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 46 (Kinross) of Tayside Region( ) and of ward 28 (West Kinross) of Perth and Kinross District( ); and
b
shall form part of electoral division 2 (Forthbank) of Central Region( ) and of ward 4 (Clackmannan) of Clackmannan District( ).
2
Area B described in the Schedule to this Order (being the area transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 30 (Dunfermline Linburn) of Fife Region( ) and of ward 4 (Saline Oakley) of Dunfermline District( ); and
b
shall form part of electoral division 2 (Forthbank) of Central Region and of ward 4 (Clackmannan) of Clackmannan District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
29th February 1988


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Stabilisation) Order 1988 and shall come into force on the day after the day on which it is made.
Amendment of section 48(7) of the Financial Services Act 1986
2
Subsection (7) of section 48 of the Financial Services Act 1986 shall be amended by —
a
inserting “(i)” after “(a)”;
b
substituting “(ii)” for “(b)”;
c
adding at the end of the subsection —
or
b
i
in respect of such investments as are mentioned in subparagraph (a)(i) above: and
ii
during a period starting with the date of the first public announcement of an offer of those investments which states the price or the minimum price at which the investments are to be sold and ending on the 30th day after the closing date specified in the announcement for acceptances of such offer.
d
adding a new subsection after the subsection —
7A
For the purposes of subparagraph (b)(ii) of subsection (7) above “an offer” means an offer for cash (other than in relation to the issue of the investments in question) where either —
a
the investments have been admitted to dealing on a recognised investment exchange or any other exchange of repute outside the United Kingdom; or
b
the offer is on the occasion of such admission or conditional on such admission:
and the total cost of the investments subject to the offer at the price stated in the first public announcement mentioned in subsection (7) above is at least ±¤÷15,000,000 (or the equivalent in the currency or unit of account in which the price is stated on the date of the announcement).
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
5th April 1988


text:
Title and commencement
1
These Regulations may be cited as the Milk (Special Designation) (Amendment) Regulations 1988, and shall come into force on 16th November 1988.
2
The Milk (Special Designation) Regulations 1986 shall be amended as follows: —
a
by inserting in regulation 2 thereof after the definition of “brucellosis” the following definition: —
“bulk milk” means milk which is not pre-packed;
;
b
by inserting in regulation 12(1)(b)(i) thereof after the words “from a producer” the words “or bulk milk which has already been heat treated for the purposes of transportation,”;
c
by adding after paragraph 4 of Schedule 1 thereto the following paragraph: —
5
1
Where bulk milk which has, for the purposes of transportation, been heat treated in another heat treatment establishment is to be subjected to further heat treatment in accordance with these Regulations, the additional conditions specified in the following sub-paragraphs shall apply.
2
Milk shall not be accepted for further heat treatment unless it has a temperature not exceeding 6°C on admission to the heat treatment establishment and is retained at such a temperature until that further treatment.
3
Milk, which has been heat treated in another Member State of the European Economic Community shall not be accepted for further heat treatment unless it is accompanied by a certificate prescribed by the Importation of Milk Regulations 1988 .
4
The holder of the licence shall check and record the temperature of the milk on admission to the heat treatment establishment and immediately before further heat treatment.
5
For purposes of identifying sources of supply which consistently exceed a colony count of 100,000 per ml, in order to exclude such milk from further heat treatment in accordance with these Regulations, the holder of the licence shall —
a
before further heat treatment take a sample of the milk in accordance with Part I of Schedule 3;
b
submit it to the test for enumeration of microorganisms by poured plate technique for colony count in British Standard 4285: Section 2.1: 1984 ( ISBN 0 580 14091 1);
c
record the result.
6
The holder of the licence shall retain for a period of not less than three months —
a
from the date of further heat treatment, the certificate referred to in sub-paragraph (3) above;
b
the records made in compliance with sub-paragraphs (4) and (5) above.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health for the Secretary of State for Social Services
20th October 1988
Peter Walker
Secretary of State for Wales
14th October 1988


text:
1
These Regulations may be cited as the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1988 and shall come into force on 20th May 1988.
2
The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 as amended shall be further amended by adding in Part II of the Schedule to those Regulations, after paragraph 14, the following paragraph: —
15
1
Any vehicle which is by virtue of its construction and equipment suitable for carrying passengers and which on the occasion on which it is being driven —
a
is a vintage vehicle;
b
is not carrying more than 9 persons including the driver;
c
is not used for carrying passengers with a view to profit; and
d
is being driven —
i
in a vintage vehicle rally or to or from such a rally, or
ii
to or from a museum, or other place where the vehicle is to be or has been displayed to members of the public, or
iii
to or from a place where the vehicle is to be or has been repaired, maintained or tested.
2
For the purposes of this paragraph: —
a
a vehicle is a vintage vehicle on any occasion on which it is being driven if it was manufactured more than 25 years before that occasion; and
b
“vintage vehicle rally” means an event in which a collection of historic vehicles are driven on a road open to the public along a pre-determined route.
.
Signed by authority of the Secretary of State
David Mitchell
Minister of State,
Department of Transport
21st April 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
The Merchant Shipping (Light Dues) (Amendment) Regulations 1987 are hereby revoked.
3
The Schedule to the Merchant Shipping (Light Dues) Regulations 1981 shall be amended as follows: —
a
For the scale of payments relating to the levying of light dues set out in Part I thereof there shall be substituted the following scale: —
SCALE OF PAYMENTS
1
Home-trade sailing ships: 78p per 10 tons per voyage.
2
Foreign-going sailing ships: £1.56 per 10 tons per voyage.
3
Home-trade steamers: Full rate: £1.56 per 10 tons per voyage. Reduced rate (visiting cruise ships): 78p per 10 tons per voyage.
4
Foreign-going steamers: Full rate: £3.12 per 10 tons per voyage. Reduced rate (visiting cruise ships): £1.56 per 10 tons per voyage.
5
In the place of payments per voyage, the following payments: —
a
for pleasure yachts which the general lighthouse authority is satisfied are ordinarily kept or used outside any of the following countries and territories (including the territorial waters thereof), namely the United Kingdom, Isle of Man, Republic of Ireland, a payment in respect of any visit of 78p per 10 tons for every period of 30 days or less comprised in such visit;
b
for tugs and pleasure yachts not included in sub-paragraph (a) of this paragraph an annual payment of £9.36 per 10 tons;
c
with effect from 1 June 1988, for fishing vessels of 10 metres or more in length for each year a payment per vessel of £180 plus a payment of £18 for each metre of length in excess of 10 metres.
b
In Part II thereof: —
i
in sub-paragraph (a) of the proviso to rule (1), for“£24.22” and“£12.11” there shall be substituted respectively“£21.84” and“£10.92”
ii
in rule (7) for“86.5p” there shall be substituted“78p”.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
25th February 1988


text:
1
These Regulations may be cited as the Royal Irish Constabulary (Lump Sum Payments to Widows) Regulations 1988 and shall come into force on 5th December 1988.
2
In these Regulations —
any reference to the principal Regulations is a reference to the Royal Irish Constabulary (Widows' Pensions) Regulations 1971 ;
“the relevant week”, in relation to any year, means the week beginning with the first Monday in December or such other week as may be specified in an order made by the Secretary of State under paragraph 1(3) of Schedule 6 to the Social Security Act 1986 for the purposes of that Schedule.
3
These Regulations shall be construed as one with the principal Regulations which shall have effect subject to the provisions of these Regulations.
4
1
This regulation shall apply to a widow who is in receipt of an allowance or pension under either of the following provisions of the principal Regulations, namely under —
a
regulation 4 (supplementary allowance payable to certain widow pensioners), or
b
regulation 5 (pension payable to certain widows not otherwise entitled to pension),
where the allowance or pension is payable in respect of a period which includes a day in the relevant week and, in this regulation, such an allowance or pension is referred to as a “relevant award”.
2
Except where a widow to whom this regulation applies is entitled to a payment by virtue of section 66 of and Schedule 6 to the Social Security Act 1986, her relevant award shall be paid, in respect of the year in which the relevant week falls, at such rate as will secure that the amount thereof for that year exceeds by £10 (or such larger sum as may be specified in an order made by the Secretary of State under paragraph 2(3)(b) of Schedule 6 to the Social Security Act 1986 for the purposes of that Schedule) the amount for that year which would have been paid had these Regulations not been made.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st October 1988
We consent,
David Lightbown
David MacLean
Two of the Lords Commissioners of Her Majesty’s Treasury
31st October 1988


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No. 2) Order 1988, shall come into force on 1st February 1989.
2
In this Order, the expression“the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Payment by direct credit transfer
2
After article 65 of the principal Order there shall be inserted the following article —
Direct Credit Transfer
65A
1
The Secretary of State may direct in relation to any particular case or class of case that a pension shall be paid by way of automated or other direct credit transfer into a bank or other account —
a
in the name of the person entitled to the pension or a person acting on his behalf, or
b
in the joint names of the person entitled to the pension and his spouse, or the person entitled to the pension and a person acting on his behalf.
2
Pension paid in accordance with paragraph (1) shall be paid —
a
for periods of 4 weeks, or for such other periods as the Secretary of State may in any particular case or class of case determine;
b
within 7 days of the last day of each successive period determined in accordance with (a) above; and
c
in advance, or in arrears, or partly in advance and partly in arrears, as the Secretary of State may in any particular case or class of case determine.
3
Where pension is payable in accordance with this article the Secretary of State may make a particular payment by credit transfer otherwise than as provided in paragraph (2) if it appears to him to be appropriate to do so for the purpose of —
a
paying any arrears of pension, or
b
making a payment of pension at the termination of an award.
4
Payment of pension in accordance with this article may be terminated by the Secretary of State if the arrangement seems to him to be no longer appropriate to the particular case or class of case.
.
Payment of pension
3
1
In article 66 of the principal Order (payment of pensions) for paragraph (1) there shall be substituted the following paragraphs: —
1
The provisions of this article, other than paragraph (1A), are subject to the provisions of article 65A.
1A
Payment of a pension may be made provisionally or upon any other basis.
1B
Subject to paragraph (1C) pension awarded in terms of a weekly amount may be paid weekly in advance and pension not awarded in such terms may be paid quarterly or monthly in arrears.
1C
The Secretary of State may in any particular case or class of case determine that pension shall be paid in advance or in arrears or partly in advance and partly in arrears, and for a period different from that specified in paragraph (1B).
1D
Pension shall be paid by such means as appears to the Secretary of State to be appropriate in the circumstances of the case or class of case.
.
2
In article 66(2)(a) of the principal Order, for the words“paragraph (1)” there shall be substituted the words“the preceding provisions of this article”.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Conservation of Seals (England and Wales) Order 1988 and shall come into force on 19th December 1988.
2
Without prejudice to its earlier revocation this Order shall cease to have effect on the expiration of two years beginning with the date of its coming into force.
2
There is hereby prohibited in England and Wales and within the seaward limits of the territorial waters adjacent thereto the killing, injuring or taking of the seals of the species known as Halichoerus grypus (grey seals).
3
For the purposes of article 2 above, the territorial waters adjacent to England and Wales shall be taken to be —
a
on the east coast, the territorial waters south of a line drawn at 055° true from the point on the mainland at 55° 48'.67 North latitude and 02° 02'.0 West longitude; and
b
on the west coast, the territorial waters south of a line drawn at 050° true from Point of Ayre light on the Isle of Man to the Barnkirk Point light near Annan: provided that any waters which are nearer to any point on the coast of Scotland than to any point on the coasts of England or Northern Ireland shall be deemed to be north of that line.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st November 1988


text:
1
These Regulations may be cited as the Friendly Societies (Fees) Regulations 1988 and shall come into force on 1st April 1988.
2
The Friendly Societies Regulations 1975 shall be amended by substituting for Schedule 2 thereto the following Schedule: —
SCHEDULE 2
FEES PAYABLE FOR REGISTRATION AND SUNDRY OTHER MATTERS
Regulation 16
£
1
For the acknowledgement of registration of a society (except as hereinafter provided)
275
2
For the acknowledgement of registration of a branch
100
3
For the registration of an annual return (except where the society or branch concerned has by written notice sent to the Central Office or the Assistant Registrar for Scotland irrevocably elected to pay the fees specified in paragraph 4 of this Schedule):
a
in the case of an annual return for a year of account ended on or before 31st December 1987 —
where it relates to a society
40
where it relates to a branch
13.50
b
in the case of an annual return for any subsequent year of account —
where it relates to a society
45
where it relates to a branch
15
4
The fees specified in this paragraph shall be payable where the society or branch concerned has by notice elected as aforesaid:
For the acknowledgement or registration of an amendment of rules (and including approval of name in the case of an amendment effecting a change of name of a society or branch) —
if the amendment substitutes an entire set of rules for the existing set of rules (except as hereinafter provided)
where made by a society
180
where made by a branch
50
if the amendment does not substitute an entire set of rules for the existing set of rules
where made by a society
85
where made by a branch
25
b
For the acknowledement of registration of a notice of change in the situation of the registered office —
of a society
23
of a branch
12.50
c
For a receipt issued in respect of a notice of appointment of trustee or trustees —
of a society
23
of a branch
12.50
5
For the registration of a special resolution —
1
where the special resolution relates to an amalgamation or a transfer of engagements and the society passing it has —
a
100 members or less
50
b
more than 100 members but not more than 500
75
c
more than 500 members but not more than 1,000
95
d
more than 1,000 members
120
2
where the special resolution relates to a conversion
120
6
For the appointment of an inspector or calling of a special meeting by a Registrar under section 90 of the Friendly Societies act 1974
135
7
For a registration of an instrument of dissolution or alteration therein where a society or branch has —
a
100 members or less
50
b
more than 100 members but not more than 500
75
c
more than 500 members but not more than 1,000
95
d
more than 1,000 members
120
8
For a reference of a dispute to the Registrar
7.50
9
For the determination of a Registrar on a dispute or for the award of a registrar for dissolution where the matter is settled without a hearing or upon one hearing without an adjournment
31
10
Where on a dispute or on an application for an award of dissolution more than one hearing is required or where the hearing is adjourned —
the same fee as where the matter is settled upon one hearing without adjournment and in addition for every hearing after the first and for every adjournment
31
11
For the award or direction of a Registrar for the appropriation or division of assets of a society or branch, an additional fee as follows: —
where the value of the assets is less than £600, 22 per cent of that value;
where the value of the assets is £600 or more, £130 with an additional £8 for every £100 or part thereof in excess of £600.
12
Where an application is made for an investigation into the affairs of a society or branch with a view to an award of dissolution thereof, the Chief Registrar may, if he thinks fit, at any time before making his award require the payment of such further fee as he may deem reasonable not exceeding —
where the number of members does not exceed 150
370
where the number of members exceeds 150 but does not exceed 250
490
where the number of members exceeds 250 but does not exceed 350
605
where the number of members exceeds 350 but does not exceed 500
730
where the number of members exceeds 500 but does not exceed 700
1,100
where the number of members exceeds 700 but does not exceed 1,000
1,465
where the number of members exceeds 1,000, £1,430 for the first 1,000 members and £275 for every 500 members or part thereof, exceeding 1,000 members, subject to a maximum fee of £2,700.
13
For the inspection on any particular day of documents relating to a single society or branch
3
14
For every document (except as otherwise provided) required to be signed by a Registrar, or to bear the seal of the Central Office, not chargeable with any other fee to the Registrar
provided that such fee shall not be paid by a society or branch which has not by notice elected as in paragraph 4 of this Schedule.
15
15
For the provision of a copy of the whole of or an extract from any document —
a
where the copy is a photocopy and is not certified as a true copy of a document in the custody of the Registrar (except as may be necessary for the examination of the copy) —
i
where the copy does not exceed 5 pages, or for the first 5 pages of a copy which exceeds 5 pages
0.85
ii
for every page of a copy after the fifth page
0.15
b
where the copy is not a photocopy and is not so certified —
i
where the copy does not exceed 216 words, or for the first 216 words of a copy which exceeds 216 words
6.10
ii
for each complete folio of 72 words by which a copy exceeds 216 words
1.20
c
where the copy, whether a photocopy or not, is certified as provided in subparagraph (a) above (as an addition to whatever fee would be payable if the copy were not so certified and the fee for the signature of a Registrar or the seal of the Central Office)
3
16
The fee for the acknowledgement of registration of a society registered as a working men’s club the rules of which are in the form of model rules, where the application for the registration is made through and endorsed by the association or body which has sponsored the rules contained in the said model, shall be £150.
17
The fee for the acknowledgement of registration of an amendment of rules of a society registered as a working men’s club, being a substitution of an entire set of rules for the existing set of rules, where the entire set of rules is in the form of model rules and where the application for registration is made through and endorsed by the association or body which has sponsored the rules contained in the said model, shall be £105.
18
No fee shall be payable in respect of the examination or authentication of copies of rules or amendments of rules to be used for recording under section 10 of the Friendly Societies act 1974.
3
The Friendly Societies (Fees) Regulations 1987 are hereby revoked.
David Lightbown
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1988


text:
Citation and commencement
1
This Order may be cited as the Housing (Contributions Towards Expenditure for Area Improvement) Order 1988 and shall come into force on 1st September 1988.
Substitution of amount
2
In sections 245(3) and 259(3) of the Housing Act 1985 (calculation of contributions towards expenditure of local housing authorities in respect of environmental works relating to housing action areas and of general improvement areas respectively) for the amount of £400 there shall be substituted the amount of £600.
Nicholas Ridley
Secretary of State for the Environment
14th July 1988
Peter Walker
Secretary of State for Wales
14th July 1988
We consent,
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 1988


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1988 and shall come into force on 11th April 1988.
2
In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of Article 18 of the principal Scheme
2
In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,352” there shall be substituted the amount “£1,404”.
Substitution of Schedules 3 and 4 to the principal Scheme
3
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule hereto and numbered 3 and 4.
Amendment of Article 66 of the principal Scheme
4
For paragraph (2) of Article 66 of the principal Scheme (payment of public claims out of pensions), there shall be substituted the following paragraph:
2
Where payment in respect of a pension is in arrears for any period and any one or more of the following, that is to say —
a
benefit under the Supplementary Benefits Act 1976 , or
b
income support under the Social Security Act 1986 or under the Income Support (Transitional) Regulations 1987 , or
c
any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to benefit under the 1976 Act or, as the case may be, income support under the 1986 Act, or the Income Support (Transitional) Regulations 1987,
has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in sub-paragraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1) of this Article, and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority adminstering the benefit or as the case may be income support.
Signed by authority of the Secretary of State for Social Services
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Health and Social Security
24th February 1988
We approve,
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1988