text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988, and shall come into force on 31st March 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions have the following meanings:
“approved body” means a body appointed by the Secretary of State under regulation 4;
“certificate of conformity” means a certificate that the earth-moving machine specified in the certificate has been manufactured in conformity with the EEC type-examination requirements;
“construction plant and equipment” means earth-moving machines which are designed for use in or about the site of building or civil engineering operations and not primarily for the transport of goods or persons;
“earth-moving machine” means any of the following items of construction plant and equipment namely: —
a hydraulic or rope-operated excavator that is to say a machine combining a self-propelled undercarriage with an upper structure capable of more than 360° rotation, which excavates, lifts, carries and dumps material by moving either a boom, an arm and bucket or a bucket controlled by winding-gear;
a dozer that is to say a self-propelled wheeled or crawler machine fitted in front with a blade which serves primarily to displace or spread materials;
a loader that is to say a self-propelled wheeled or crawler machine fitted in front with a bucket and which loads, raises, transports and dumps material by combining its own movements and those of the bucket; and
an excavator-loader that is to say a self-propelled wheeled or crawler machine, designed to be fitted with a loading bucket at the front which loads, raises, transports and dumps material by combining its own movements with those of the machine and an excavating arm at the rear which excavates, raises and dumps material by movements of the boom, arm and bucket.
“EEC mark” means an EEC mark of conformity referred to in regulation 6;
“EEC type-examination certificate” means a certificate that a type of earth-moving machine conforms with the EEC type-examination requirements;
“EEC type-examination requirements” means the requirements contained in the Special Directive being requirements with respect to the sound power level of airborne noise emitted in the environment by earth-moving machines;
“the Framework Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to common provisions for certain construction plant and equipment ;
“market” means supply by way of sale, lease, hire or hire-purchase, whether as principal or agent for another; and
“Special Directive” means the Directive adopted by the Council of the Communities concerning the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders .
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Marketing of earth-moving machines
3
1
No person shall on or after 29th December 1988 market any earth-moving machine manufactured on or after that date unless an EEC type-examination certificate and a certificate of conformity has been issued in respect of that machine and an EEC mark has been placed thereon in accordance with these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom.
2
Where a person (“the ostensible supplier”) markets any earth-moving machine by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier: —
a
carries on the business of financing the acquisition of goods by others by means of such agreements; and
b
in the course of that business acquired his interest in the machine supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purpose of this regulation as marketing the machine to the customer and any duty imposed by these Regulations on those who market earth-moving machines shall accordingly fall on the effective supplier and not on the ostensible supplier.
3
Where a person (“the ostensible supplier”) markets any earth-moving machine by supplying the same to another (“the customer”) under a lease, and the ostensible supplier —
a
has not previously granted any lease to the customer in respect of that machine; and
b
carries on the business of financing the use of goods by others by means of leases; and
c
in the course of that business acquired his interest in the machine supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”); and
d
he or his agent either
i
has not had physical possession of the machine, or
ii
has had physical possession of the machine only for the purpose of passing it to the customer; and
e
he or his agent has not modified, overhauled, repaired or restored the machine;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the machine to the customer and any duty imposed by these Regulations on those who market earth-moving machines shall accordingly fall on the effective supplier and not on the ostensible supplier.
4
Where —
a
paragraph (3) of this regulation has applied in respect of a lease; and
b
the ostensible supplier grants a further lease of the machine to the said customer; and
c
the machine has remained in the physical possession of the customer since he took possession of it under the first lease; and
d
the machine has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier;
then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.
Appointment of approved bodies
4
The Secretary of State shall appoint a body or bodies of persons in accordance with the conditions of the Framework Directive and subject to such conditions as he shall think fit —
a
to carry out examinations and periodic checks of construction plant and equipment;
b
to issue EEC type-examination certificates; and
c
to do such other things as may be required or permitted under or in connection with these Regulations.
EEC type-examination certificates
5
1
An application for an EEC type-examination certificate shall be made to the approved body by or on behalf of a manufacturer in writing and shall be accompanied by an information document duly completed so as to furnish all the information required by the information document in the form set out in Schedule 1 applicable to the earth-moving machine of the type in respect of which the application is made together with such other documents as are required to be furnished by that document.
2
Where in pursuance of this regulation an application has been made to an approved body in respect of a type of earth-moving machine then no other application in any member State for an EEC type-examination certificate in respect of an earth-moving machine of that type shall be made by or on behalf of the same manufacturer and any application made to an approved body which to the knowledge of the approved body is contrary to this paragraph shall be rejected by the approved body.
3
Where the approved body is satisfied on application made to it under paragraph (1) above and after examination of the type of earth-moving machine in respect of which the application was made that the type of earth-moving machine conforms with the EEC type-examination requirements and after payment of the prescribed fee it shall grant an EEC type-examination certificate in the form set out in Schedule 2 in respect of that type of machine which shall be valid for a period of 6 years:
Provided that a certificate granted during a period of 6 years from the date that the Special Directive entered into force shall cease to be valid after the expiry of a period of 7 years from that date.
4
Where the approved body is satisfied on application made to it under paragraph (1) above and after examination of the type of earth-moving machine in respect of which the application was made that the type of earth-moving machine does not conform with the EEC type-examination requirements and after payment of the prescribed fee it shall issue a full test failure report for such type of machine which states the reasons for the issue of such report and informs the applicant of his right to apply for review of the decision of the approved body under regulation 8.
5
The approved body shall on application made to it and after payment of the prescribed fee extend the period of validity of an EEC type-examination certificate issued under these Regulations in accordance with the conditions of the Special Directive, and if the approved body refuses to grant such extension it shall inform the applicant of his right to apply for a review of the decision of the approved body under regulation 8.
6
The prescribed fee payable under paragraphs (3), (4) and (5) above in every case shall be equal to the sum of: —
a
the costs of the approved body of and in connection with the functions carried out or to be carried out by it under these Regulations (“the relevant service”); and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and the extent of the work done or to be done by the approved body in providing the relevant service, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
7
An EEC type-examination certificate may be issued or the period of validity of such a certificate may be extended under these Regulations subject to conditions with respect to the carrying out by an approved body of periodic checks of earth-moving machines of a type in respect of which any EEC type-examination certificate is issued under these Regulations or under the law of Northern Ireland and, for that purpose, a duly authorised officer of an approved body may, on production if requested of his authority, at all reasonable times enter into premises where any such machine is for the time being held by or on behalf of the manufacturer; and if it appears to the approved body which so issued or extended the period of validity of an EEC type-examination certificate that there has been a breach of any such conditions, or if it so appears to the Secretary of State, the approved body, or the Secretary of State as the case may be, may by notice under regulation 7 suspend or withdraw the EEC type-examination certificate issued or extended subject to such conditions and in the case of a decision by the approved body it shall inform the applicant of his right to apply for the review of the decision under regulation 8.
Certificate of conformity and EEC mark of conformity
6
1
The manufacturer of an earth-moving machine which has been manufactured in conformity with the EEC type-examination requirements referred to in an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom which is in force shall issue a certificate of conformity in the form set out in Schedule 3 that such machine has been so manufactured, and shall place on the machine clear and permanent EEC marks of conformity in the form set out in Schedule 4 and shall indicate thereon the net power as defined in Annex I to Directive 80/1269/EEC and the corresponding swivel system.
2
The EEC marks shall be placed on each such earth-moving machine indicating the sound power level and sound pressure level at the operator’s position of the type of earth-moving machine to which it conforms ascertained in accordance with the Special Directive by the approved body or in the case of the sound power level ascertained by the manufacturer if the sound power level so ascertained is higher than that ascertained in accordance with the Special Directive but falls within the maximum permissible sound power level under that Directive.
EEC inspections
7
1
The approved body may carry out periodic checks of any earth-moving machine of a type in respect of which an EEC type-examination certificate has been issued under these Regulations or under the law of Northern Ireland and is in force to ascertain whether such machine has been manufactured to conform with the type of earth-moving machine so certified.
2
If the approved body, after checking an earth-moving machine under paragraph (1) above of the same type as that in respect of which an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland is in force, is satisfied that such a machine has not been manufactured to conform with the EEC type-examination requirements in respect of such a machine, the approved body shall give notice of that fact to the holder of that EEC type-examination certificate and such notice shall specify —
a
the respects in which the earth-moving machine has not been manufactured so as to conform with the EEC type-examination requirements in respect of it;
b
that unless steps are taken which ensure that such machine does so conform within a specified period the certificate will be suspended or withdrawn; and
c
if the approved body thinks fit, that the certificate will be suspended immediately.
3
If the approved body decides to suspend or withdraw an EEC type-examination certificate it shall immediately give notice of the decision to the holder of the certificate and to the Secretary of State.
4
A notice to a holder of an EEC type-examination certificate of suspension or withdrawal given under paragraph (2) of this regulation or of suspension or withdrawal under paragraph (3) shall specify the date on which the suspension or withdrawal is to take effect and shall specify the grounds for the decision and shall inform the holder of the certificate of his right to apply for a review of the decision under regulation 8.
5
The suspension or withdrawal of an EEC type-examination certificate shall not affect the validity of any certificate of conformity or EEC mark issued or placed on an earth-moving machine under regulation 6 or under the law of Northern Ireland.
Review
8
1
A person who is aggrieved by a decision given by an approved body under regulation 5(4), (5) or (7) or 7(2), (3) or (4) may, in accordance with paragraphs (2) and (3) of this regulation, apply to the Secretary of State to review the decision and on such application the Secretary of State —
a
shall have the like powers and duties as an approved body has on an application for an EEC type-examination certificate or an extension of the period thereof under regulation 5 or under regulation 7(2), (3) or (4),
b
may hold an inquiry in connection therewith, and
c
may appoint an assessor for the purpose of assisting him with his review or any such inquiry.
2
An application under paragraph (1) of this regulation shall be made by notice to the Secretary of State, and shall be lodged with him not later than fourteen days from the date of the decision in respect of which the application for review is made.
3
A notice of application for review under this regulation shall state the grounds on which the application is made and shall be accompanied by the following documents: —
a
where the application is for review of a decision under regulation 5(4) copies of the information document which, in accordance with regulation 5(1), accompanied the application under that regulation for the certificate in question, and
b
where the application for review relates to the extension of the period of validity of the certificate under regulation 5(5) or the suspension or withdrawal of a certificate, a copy of that certificate.
9
Any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1) shall be guilty of an offence, and liable on summary conviction to a fine not exceeding £2000.
Offences by corporations
10
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed guilty of the offence.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Robert Atkins
Parliamentary Under-Secretary of State,
Department of Trade and Industry
3rd March 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the European Parliamentary Elections (Day of By-election) (Hampshire Central Constituency) Order 1988 and shall come into force on 1st November 1988.
2
The by-election to fill the vacancy in the European Parliamentary constituency of Hampshire Central shall be held on 15th December 1988.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
24th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Payments for Optical Appliances) Amendment (No. 3) Regulations 1988 and shall come into force on 1st September 1988.
2
In these Regulations “the principal Regulations ” means the National Health Service (Payments for Optical Appliances) Regulations 1986 .
Amendment of the principal Regulations
2
1
For each amount specified in column 2 of the Schedule to these Regulations, where it appears in column 3 in Part I of Schedule 1 to the principal Regulations in relation to the letter code specified in column 1 of the Schedule to these Regulations, there is substituted the amount specified in column 3 of the Schedule to these Regulations.
2
In Part II of Schedule 1 to the principal Regulations (prisms, tints, photochromic lenses, special glasses and complex appliances), in paragraph 1(1)(e) and (g) for “£30.00” and “£30” respectively there is substituted in each case “£31.50”.
Application of Regulations and revocations
3
1
The increases effected by these Regulations apply only in relation to vouchers accepted pursuant to regulation 6 of the principal Regulations on or after 1st September 1988 or sent to a health authority pursuant to regulation 8(2)(c) of the principal Regulations in respect of cost incurred on or after that date; and for the purposes of those Regulations the redemption value of a voucher so accepted before that date or so sent in respect of cost incurred before that date shall be determined according to its face value when it was accepted or when the cost was incurred.
2
Regulation 2(4) of, and Schedule 1 to, the National Health Service (Payments for Optical Appliances) Amendment Regulations 1988 are revoked.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
11th August 1988


text:
1
This Order may be cited as the Customs Duties (ECSC) (Amendment No. 1) Order 1988 and shall come into force on 20th June 1988.
2
Up to and including 31 December 1988, article 6(1) of the Customs Duties (ECSC) Order 1987 (which exempts from duty goods to which that Order applies originating in certain countries) shall not apply to good which fall within headings 7207 19 31, 7207 20 71, 7216 10 00, 7216 21 00, 7216 22 00, 7216 31 00, 7216 32 00, 7216 33 00, 7216 40 10, 7216 40 90, 7216 50 10, 7216 50 90, 7216 90 10, and 7301 10 00 which originate in Yugoslavia.
Peter Lloyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
16th June 1988


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1988 and shall come into force on 29th February 1988.
Amendment
2
The Diseases of Animals (Approved Disinfectants) Order 1978 shall be amended as follows:–
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the provisions of Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the provisions of Schedule 2 to this Order; and
c
in article 6(2) of that Order (which relates to disinfectants subject to transitional provisions) for the words “31st December 1987” there shall be substituted the words “30th June 1988”.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1987 and the Diseases of Animals (Approved Disinfectants) (Amendment) ( No. 2) Order 1987 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
9th February 1988
Peter Walker
Secretary of State for Wales
11th February 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1988 and shall come into force on 6th April 1988.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979( ).
Substitution of regulation 89 of the principal Regulations
2
For regulation 89 of the principal Regulations (modification of section 4(6)(b) of the Act in relation to mariners) there shall be substituted the following regulation —
Modification of section 4(6E) of the Act
89
1
As respects earnings paid to or for the benefit of a mariner for employment as such in any employment specified in paragraph (2) of this regulation, being employment which by virtue of the last preceding regulation is treated as employed earner’s employment, the appropriate percentage rate of the secondary Class 1 contribution specified in section 4(6E) of the Act shall be reduced by 0·5 and section 4(6E) of the Act shall be modified accordingly.
2
The employment referred to in paragraph (1) of this regulation is employment as a master or member of the crew of a ship where —
a
the employment is on a foreign-going ship and the payment of earnings is exclusively in respect of that employment; or
b
the employment is partly on a foreign-going ship and partly otherwise than on such a ship and the payment of earnings in respect of that employment is made during the employment on the foreign-going ship.
3
In this regulation the word “employment” includes any period of leave, other than leave for the purpose of study, accruing from the employment.
.
Amendment to the principal Regulations
3
In regulation 90(2) of the principal Regulations (earnings periods for mariners and apportionment of earnings), for the reference to regulation 89(1)(a) or (b) in sub-paragraph (b)(iii) there shall be substituted a reference to regulation 89(1) .
Revocation
4
The Social Security (Contributions) Amendment (No. 6) Regulations 1983( ) are hereby revoked.
Transitional
5
In respect of any period before 6th April 1988 the provisions of the principal Regulations shall apply as if these Regulations had not come into force notwithstanding that calculation of contributions falls to be made after 5th April 1988.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
29th March 1988
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 1988


text:
1
This Order may be cited as the County of Gwent (Electoral Arrangements) Order 1988.
2
This Order shall come into force on 4th May 1989, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force forthwith.
3
1
The existing electoral divisions of the County of Gwent shall be abolished and that county shall be divided into sixty-three electoral divisions which shall bear the names set out in column 1 of the Schedule to this Order, and each electoral division shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each electoral division constituted by this Order shall be one.
4
The ordinary elections of all councillors for the County of Gwent shall be held simultaneously on the ordinary day of election of county councillors in 1989 and every fourth year thereafter.
5
The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
9th November 1988


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Fifth Amendment) Regulations 1988 and shall come into force on 1st January 1989.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1984 shall be further amended as follows —
1
For Schedule 1 thereof there shall be substituted Schedule 1 to these Regulations.
2
For Schedule 2 thereof there shall be substituted Schedule 2 to these Regulations.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
6th December 1988


text:
Title and commencement
1
This Order may be cited as the City of Edinburgh and East Lothian Districts (Newhailes) Boundaries Amendment Order 1988, and shall come into force on 15th February 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 City of Edinburgh and East Lothian Districts (Newhailes) 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 district 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 change 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 change
4
Part of City of Edinburgh District containing an area of ground at Newhailes, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to East Lothian District.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 39 (Niddrie/Craigmillar) of Lothian Region and of ward 61 (Niddrie) of City of Edinburgh District ; and
b
shall form part of electoral division 45 (Musselburgh) of Lothian Region and of ward 4 (Musselburgh (West)) of East Lothian District .
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
15th January 1988


text:
1
The Secretary of State is authorised to provide, for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980, special roads along the routes described in the Schedule to this Scheme (these roads being in the Scheme referred to as “the special roads”) for the purpose of connecting the road to be provided by the Secretary of State in pursuance of article 1(a) of the A102(M) Motorway (Eastway Section) Scheme 1986 (this road being in this Scheme referred to as “the motorway”) with other highways at the places stated in that schedule.
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme: —
“the deposited plan” means the plan folio numbered HA 16/1EC/51 marked “The A102(M) Motorway (Eastway Section) Connecting Roads Scheme 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
5
This Scheme shall come into force on 3rd November 1988, and may be cited as the A102(M) Motorway (Eastway Section) Connecting Roads Scheme 1988.
Signed by authority of the Secretary of State
D. Wood
An Under Secretary in the
Department of Transport
26th October 1988


text:
1
These Regulations may be cited as the Police (Amendment) Regulations 1988 and shall come into force on 23rd May 1988.
2
The Police Regulations 1987 shall be amended as follows: —
a
at the end of regulations 16 and 17 there shall, in each case, be added the following provision: —
5
In its application to the metropolitan police force this regulation shall have effect as if the expression“chief officer” includes an assistant commissioner of police.
;
b
for regulation 29(7)(f) there shall be substituted the following provision: —
f
Where a member is required to do duty, or is recalled to duty, for a period of less than 4 completed hours on a day which is a public holiday or a rostered rest day, such period or, as the case may be, each such period, shall be treated as though it were a period of 4 completed hours;
;
c
in regulation 35(2), after the words“as respects” there shall be inserted the words“the first”;
d
in regulation 53(4), for the words“(1) or (2)” there shall be substituted the words“(1) or (3)”;
e
in regulation 58 (subsistence, refreshment and lodging allowances) —
i
for paragraph (1) there shall be substituted the following provision: —
1
A member of a police force of or below the rank of superintendent who, having been retained on duty beyond his normal daily period of duty or engaged on duty away from his usual place of duty, certifies that, by reason of being so retained or engaged, he has been unable to obtain a meal in his usual way and that, as a consequence thereof, he has incurred additional expenditure to obtain food, shall —
a
if the period for which he is so retained or engaged is not less than two hours but does not exceed five hours, be paid a refreshment allowance;
b
if the period for which he is so retained or engaged exceeds 5 hours, be paid a subsistence allowance.
;
ii
after paragraph (1) there shall be inserted the following provision: —
1A
A member of a police force of or below the rank of superintendent who, having been retained on duty beyond his normal daily period of duty or engaged on duty away from his usual place of duty, certifies that he has incurred additional expense for the purpose of obtaining lodging which he would not have required if he had not been so retained or engaged shall be paid a lodging allowance.
;
iii
for paragraph (2) there shall be substituted the following provision: —
2
A member of a police force of or below the rank of superintendent who satisfies the chief officer of police that during his normal daily period of duty he has, though not away from his usual place of duty, been prevented by the exigencies of duty from obtaining a meal in his usual way and that he has, as a consequence thereof, incurred additional expenditure to obtain food, may be paid a refreshment allowance.
;
iv
for paragraph (3) there shall be substituted the following provision: —
3
For the purposes of this regulation the expression“usual place of duty” means —
a
in the case of a member of the rank of superintendent, the divisional or sub-divisional headquarters or other police establishment, or
b
in the case of a member below the rank of superintendent, the police station or other police establishment,
in which the member is stationed or, where such place of duty has been temporarily changed, and after such period from the date of change as the chief officer of police may determine, in which he is temporarily stationed, as the case may be.
; and
f
paragraphs 4 and 5 of Schedule 7 shall be omitted.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
14th April 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Credit (General) Amendment No. 4 Regulations 1988 and shall come into force on 5th December 1988.
2
In these Regulations “the General Regulations ” means the Family Credit (General) Regulations 1987 .
Amendment of regulation 14 of the General Regulations
2
In regulation 14(1) of the General Regulations (normal weekly earnings of employed earners) for the words “the claim is received”, wherever those words occur, there shall be substituted the words “the date of claim falls”.
Amendment of regulation 15 of the General Regulations
3
In regulation 15 of the General Regulations (normal weekly earnings of self-employed earners) —
a
in paragraph (1) —
i
in sub-paragraph (a) at the beginning there shall be inserted the words “except where sub-paragraph (b) applies,”; and for the words “the claim is received” there shall be substituted the words “the date of claim falls”;
ii
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where the claimant provides in respect of the employment a profit and loss account and, where appropriate, a trading account or a balance sheet or both, and the profit and loss account is in respect of a period of at least 6 months but not exceeding 15 months and that period terminates within the 12 months preceding the date of claim, over that period; or
;
iii
in sub-paragraph (c) for the words “the claim is received” there shall be substituted the words “the date of claim falls”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
in paragraph (1)(b) —
a
“balance sheet” means a statement of the financial position of the employment disclosing its assets, liabilities and capital at the end of the period in question;
b
“profit and loss account” means a financial statement showing the net profit or loss of the employment for the period in question; and
c
“trading account” means a financial statement showing the revenue from sales, the cost of those sales and the gross profit arising during the period in question.
.
Amendment of regulation 16 of the General Regulations
4
In regulation 16 of the General Regulations (normal weekly income other than earnings) —
a
in paragraph (1) for the words “date of claim” there shall be substituted the words “the week in which the date of claim falls”; and for the words “that date” there shall be substituted the words “that week”;
b
in paragraph (2) for the words “the claim is received” there shall be substituted the words “the date of claim falls”.
Amendment of regulation 18 of the General Regulations
5
In regulation 18 of the General Regulations (calculation of weekly amount of income) for paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of regulation 15 (normal weekly earnings of self-employed earners) the weekly amount of earnings of a claimant shall be determined —
a
except where sub-paragraph (b) applies, by dividing his earnings received in the assessment period or, as the case may be, estimated for that period by the number equal to the number of weeks in that period;
b
in a case where regulation 15(1)(b) applies, by multiplying his earnings relevant to the assessment period (whether or not received in that period) by 7 and dividing the product by the number equal to the number of days in that period.
.
Amendment of regulation 22 of the General Regulations
6
In regulation 22 of the General Regulations (calculation of net profit of self-employed earners) —
a
in paragraph (3), after the words “except where paragraph” there shall be inserted the reference “(3A),”; and for the words “over the assessment period” there shall be substituted the words “received in the assessment period”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
For the purposes of paragraph (1)(a), in a case where the assessment period is determined under regulation 15(1)(b), the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period), less —
a
subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly and exclusively incurred for the purposes of that employment;
b
an amount in respect of —
i
income tax; and
ii
social security contributions payable under the Social Security Act,
calculated in accordance with regulation 23; and
c
one-half of any qualifying premium payable.
;
c
in paragraph (4) after the words “except where paragraph” there shall be inserted the reference “(4A), (9) or”; and for the words “over the assessment period” there shall be substituted the words “received in the assessment period”;
d
after paragraph (4) there shall be inserted the following paragraph —
4A
For the purposes of paragraph (1)(b), in a case where the assessment period is determined under regulation 15(1)(b), the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period) less, subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly and exclusively incurred for the purposes of that employment.
;
e
in paragraphs (5), (6), (7) and (8) for the words “paragraph (3)(a) or (4)” there shall be substituted in each of those paragraphs the words “paragraphs (3)(a), (3A)(a), (4) or (4A), as the case may be,”;
f
for paragraph (10) there shall be substituted the following paragraph —
10
Where regulation 15(2) (normal weekly earnings of self-employed earners) applies —
a
for the purposes of paragraph (1)(a), the net profit derived from the employment shall be calculated by taking into account the claimant’s estimated and, where appropriate, actual earnings from the employment less the amount of the deductions likely to be made and, where appropriate, made under sub-paragraphs (a) to (c) of paragraph (3); or
b
for the purposes of paragraph (1)(b), his share of the net profit of the employment shall be calculated by taking into account the claimant’s estimated and, where appropriate, his share of the actual earnings from the employment less the amount of his share of the expenses likely to be deducted and, where appropriate, deducted under paragraph (4); or
c
in the case of employment as a child-minder, the net profit of the employment shall be calculated by taking into account one-third of the claimant’s estimated earnings and, where appropriate, actual earnings from that employment less the amount of the deductions likely to be made and, where appropriate, made under sub-paragraphs (a) and (b) of paragraph (9).
.
Amendment of regulation 23 of the General Regulations
7
In regulation 23 of the General Regulations (deduction of tax and contributions for self-employed earners) —
a
in paragraph (1) after the reference “(3)(b)(i)” there shall be inserted the reference “, (3A)(b)(i)”;
b
in paragraph (2) after the reference “(3)(b)(ii)” there shall be inserted the reference “, (3A)(b)(ii)”;
c
for paragraph (3) there shall be substituted the following paragraph —
3
In this regulation “chargeable income” means —
a
except where sub-paragraph (b) or (c) applies, the earnings derived from the employment, less any expenses deducted under paragraph (3)(a), (3A)(a), (4) or (4A), as the case may be, of regulation 22;
b
except where sub-paragraph (c)(iii) applies, in the case of employment as a child minder one-third of the earnings of that employment; or
c
where regulation 15(2) applies (normal weekly earnings of self-employed earners) —
i
in the case of a self-employed earner who is engaged in employment on his own account, the claimant’s estimated and, where appropriate, actual earnings from the employment less the amount of the deductions likely to be made and, where appropriate, made under sub-paragraph (a) of paragraph (3) of regulation 22;
ii
in the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975 , the claimant’s estimated and, where appropriate, his share of the actual earnings from the employment less the amount of his share of the expenses likely to be deducted and, where appropriate, deducted under paragraph (4) of regulation 22;
iii
in the case of employment as a child minder, one-third of the claimant’s estimated and, where appropriate, actual earnings from that employment.
.
Amendment of regulation 26 of the General Regulations
8
In regulation 26(3)(a) of the General Regulations (notional income) for the words “a family” there shall be substituted the words “the family”.
Amendment of regulation 31 of the General Regulations
9
In regulation 31(4) of the General Regulations (income treated as capital) for the reference “or 13” there shall be substituted the reference “, 13 or 26 to 30”.
Amendment of regulation 34 of the General Regulations
10
In regulation 34 of the General Regulations (notional capital) —
a
in paragraph (1) at the end there shall be added the words “except where that capital is derived from a payment made in consequence of any personal injury and is placed on trust for the benefit of the claimant”;
b
in paragraph (3)(a) for the words “a family” there shall be substituted the words “the family”.
Amendment of Schedule 2 to the General Regulations
11
In Schedule 2 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 18 for the words “member of his household” there shall be substituted the words “person who normally resides with the claimant”;
b
after paragraph 35 there shall be added the following paragraphs —
36
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
37
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983 .
38
Any payment made to a juror or witness in respect of attendance at court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
39
Any housing benefit in the form of a community charge rebate.
.
Amendment of Schedule 3 to the General Regulations
12
In Schedule 3 to the General Regulations (capital to be disregarded) —
a
for paragraph 28 there shall be substituted the following paragraph —
28
Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
;
b
in paragraph 32 at the end there shall be added the words “but only for a period of 52 weeks from the date of the receipt of that payment”;
c
after paragraph 33 there shall be added the following paragraphs —
34
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
35
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
36
Any payment made to a juror or witness in respect of attendance at court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
37
Any housing benefit in the form of a community charge rebate.
.
Signed by Authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
10th November 1988


text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the Housing Benefit (Supply of Information) Regulations 1988, shall come into force on 1st April 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“appropriate DHSS office” means an office of the Department of Health and Social Security which is normally open to the public for the receipt of claims for income support and includes an office for the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;
“authority” means any of the authorities to which section 28(3) of the Act refers;
“benefit” means any benefit under the benefit Acts and any social fund payments such as are mentioned in section 32(2) of the Act;
“claimant” means a person claiming housing benefit;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“partner” means —
where a claimant is a member of a married or unmarried couple, the other member of that couple; or
where a claimant is polygamously married to two or more members of his household, any such member.
Information to be supplied by the Secretary of State to an authority
2
1
For the purposes of section 31(1) of the Act (information which may be supplied by the Secretary of State where required by authorities in connection with the exercise of their functions relating to housing benefit), the information prescribed by this regulation is —
a
the date on which a claim for income support by a claimant was received by the appropriate DHSS office;
b
that a claimant’s claim for income support has been disallowed;
c
where a claimant’s claim for income support has been disallowed on account of his capital exceeding the amount prescribed in regulation 45 of the Income Support Regulations (capital limit), the reason for the disallowance;
d
where an award of income support has been made, the first day of entitlement to that benefit;
e
the date on which a claimant’s entitlement to income support ended or is to end;
f
where a claimant’s entitlement to income support ends, the reason for it ending;
g
any further information required for the purpose of —
i
the calculation and recovery of overpayments of housing benefit,
ii
the investigation and prevention of offences relating to housing benefit,
iii
any proceedings for an offence under the benefit Acts relating to housing benefit.
2
Where the Secretary of State is aware of a claim for housing benefit in a case where an amount of income support payable to the claimant or his partner is being paid direct to the claimant’s landlord, the Secretary of State may inform the authority concerned with the claim that such payments are being made and when such payments cease.
Information to be supplied by an authority to the Secretary of State
3
For the purposes of section 31(2) of the Act (information which shall be supplied by an authority where required by the Secretary of State in connection with any of his functions under the benefit Acts), the information prescribed by this regulation is —
a
that a claim for housing benefit has been disallowed;
b
the date on which a person’s entitlement to housing benefit ended or is to end;
c
any further information required for the purpose of —
i
the calculation and recovery of overpayments of benefits paid under the benefit Acts,
ii
the investigation and prevention of offences relating to benefits under the benefit Acts,
iii
any proceedings for offences relating to benefits under the benefit Acts.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
30th March 1988


text:
Citation and Commencement
1
These Regulations may be cited as the Stock Transfer (Gilt-edged Securities) (Exempt Transfer) Regulations 1988 and shall come into force on 18th March 1988.
Interpretation
2
In these Regulations: —
“the Bank” means the Bank of England;
“the CGO ” means the Central Gilts Office of the Bank;
“the CGO Service ” means the computer-based system established by the Bank and The Stock Exchange to facilitate the transfer of gilt-edged securities; and “CGO Service member” means a person who is entitled under a contract with the Bank to use the CGO Service.
Exempt Transfers
3
The securities specified in the Schedule hereto may be transferred by a CGO Service member through the medium of the CGO Service.
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 1988


text:
1
The length of trunk road described in the schedule to this order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classifed as a classifed road as from the date on which the Secretary of State notifes the County Council of Northamptonshire that all new trunk roads are open for through traffc.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classifed road” as a classifcation for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classifed as principal roads but is a classifed road for the purpose of every enactment and instrument which refers to highways classifed by the Secretary of State and which does not specifcally refer to their classifcation as principal roads;
ii
“the deposited plan” means the plan numbered HA10/EM 37 marked “The (A43) Oxford — Market Deeping Trunk Road (Blisworth and Milton Malsor Bypass and Slip Roads to Rothersthorpe Service Area) Detrunking Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk roads” means the trunk roads to be constructed by the Secretary of State in pursuance of the (A43) Oxford — Market Deeping Trunk Road (Blisworth and Milton Malsor Bypass and Slip Roads to Rothersthorpe Service Area) Order 1988 ; and
iv
“the trunk road” means the (A43) Oxford — Market Deeping Trunk Road.
3
This Order shall come into force on 5th January 1989 and may be cited as the (A43) Oxford — Market Deeping Trunk Road (Blisworth and Milton Malsor Bypass and Slip Roads to Rothersthorpe Service Area) Detrunking Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional DirectorEast Midlands RegionDepartment of Transport
5th December 1988


text:
1
This Order may be cited as the Control of Pollution Act 1974 (Commencement No. 19) Order 1988.
2
The provisions of the Control of Pollution Act 1974 specified in the Schedule to this Order (the subject matter of which is described in the second column of the Schedule) shall come into force in England and Wales, so far as they are not already in force, on 6th June 1988.
Nicholas Ridley
Secretary of State for the Environment
29th April 1988
Peter Walker
Secretary of State for Wales
3rd May 1988


text:
Citation and commencement
1
These Regulations may be cited as the Crown Prosecution Service (Witnesses' etc. Allowances) Regulations 1988 and shall come into force on 21st November 1988.
Revocations
2
The Regulations listed in the Schedule to these Regulations are hereby revoked.
Interpretation
3
In these Regulations, unless the context requires otherwise —
“appropriate officer” means any member of the Crown Prosecution Service as may be designated by the Director for any of the purposes of these Regulations;
“interpreter” shall be construed in accordance with the qualification imposed by regulation 4(1)(b) below;
“professional witness” means a witness practising as a member of the legal or medical profession or as an accountant, dentist or veterinary surgeon; and
“relevant amount” shall be construed in accordance with regulation 5 below.
Scope of the Regulations and general provisions
4
1
Without prejudice to the power of the Director to allow more than the entitlements under these Regulations where he sees fit to do so, these Regulations provide for the entitlements to costs and expenses of —
a
a witness who attends court or elsewhere to give evidence at the instance of the Service, whether he gives evidence or not; and
b
any other person who, in the opinion of the appropriate officer, necessarily attends court or elsewhere for the purpose of the prosecution case otherwise than to give evidence (including an interpreter, but only if he is required because of the lack of English of a person attending to give evidence at the instance of the Service),
in any proceedings conducted by the Director in the discharge of his functions under Part I of the Prosecution of Offences Act 1985; but nothing in these Regulations gives an entitlement to a person who when called refuses to give evidence.
2
Such entitlements shall be the same for a person whether his attendance on any occasion is for the purpose of one case or more than one case.
3
Where a person claims an entitlement under these Regulations it shall be for the appropriate officer to satisfy himself of the person’s entitlement before authorising the claim to be met.
Determination of scales or rates of allowances
5
The scales or rates of the costs and expenses for which entitlements are provided under these Regulations shall be determined by the Attorney General with the consent of the Treasury; and in these Regulations a reference to an allowance of or not exceeding the relevant amount is a reference to an allowance of or not exceeding an amount calculated in accordance with the scales or rates so determined.
Allowances to professional witnesses for attendance
6
1
A professional witness shall be entitled for attending to give professional evidence on any day to receive a professional witness allowance, which may be either —
a
where the witness has necessarily incurred expenditure in providing a substitute professional person to take care of his practice during that day, a locum allowance of an amount equal to actual expenditure incurred not exceeding the relevant amount; or
b
where no claim is made under sub-paragraph (a) above, a compensatory allowance of the relevant amount.
2
This regulation does not apply to an expert witness attending to give expert evidence.
Overnight subsistence allowances to professional or expert witnesses and to interpreters
7
1
Any of the persons mentioned in paragraph (2) below whose attendance causes him to be necessarily absent from his place of residence overnight shall be entitled to receive an overnight subsistence allowance of the relevant amount in respect of each such night of absence.
2
The persons referred to in paragraph (1) above are —
a
a witness who receives an allowance under regulation 6 above;
b
an expert witness who attends to give expert evidence; and
c
an interpreter.
Allowances to witnesses, other than professional or expert, and to others for attendance
8
1
Any of the persons mentioned in paragraph (2) below whose attendance causes him —
a
to incur any expenditure (other than on travelling, lodging or subsistence) to which he would not otherwise be subject; or
b
to suffer any loss of earnings, or of benefit under the enactments relating to National Insurance, which he would otherwise have received,
shall be entitled to receive a financial loss allowance of an amount equal to the actual expenditure incurred or loss suffered not exceeding any relevant amount in respect of that expense or loss.
2
The persons referred to in paragraph (1) above are —
a
a witness who attends to give evidence (other than professional or expert evidence); and
b
any other person who, in the opinion of the appropriate officer, necessarily attends for the purpose of the prosecution case otherwise than to give evidence (excluding an interpreter).
Subsistence allowances to witnesses, other than professional or expert, and to others
9
1
Any of the persons mentioned in paragraph (3) below who attends court or elsewhere shall be entitled to a day subsistence allowance of the relevant amount or, if his attendance makes it necessary for him to stay overnight away from home, to an overnight subsistence allowance of the relevant amount for each night of absence.
2
An overnight subsistence allowance under paragraph (1) above shall be in respect of a period of 24 hours and a witness who receives such an allowance shall be entitled to a further allowance in respect of any period in excess of 24 hours which is not covered by such an allowance at the rate appropriate to a day subsistence allowance under that paragraph.
3
The persons referred to under paragraph (1) above are —
a
a witness who attends to give evidence (other than professional or expert evidence); and
b
any other person who, in the opinion of the appropriate officer, necessarily attends for the purpose of the prosecution case otherwise than to give evidence (excluding an interpreter).
Reimbursement of travelling expenses incurred by witnesses and others
10
1
Where a person who is entitled to an allowance under any of regulations 6 to 9 above travels to or from the place of his attendance by public transport (including by air) he shall, subject to paragraphs (2) and (3) below, be entitled to be reimbursed the fare actually paid.
2
Unless the appropriate officer for special reason authorises otherwise, only the standard fare shall be reimbursed under paragraph (1) above for travel by railway.
3
Where such person travels to or from such place by air his entitlement under paragraph (1) above to be reimbursed the fare actually paid arises only if, in the opinion of the appropriate officer —
a
there was no reasonable alternative to travel by air and the class of fare paid was reasonable in all the circumstances; or
b
travel by air was more economical in the circumstances (taking into account any savings of time resulting from the adoption of such mode of travel and its consequent effect in reducing the amount of allowances payable under other provisions of these Regulations).
4
Where such person travels to or from such place by a hired vehicle, he shall be entitled to be reimbursed in respect thereof —
a
in a case of urgency or where no public service is reasonably available, the amount of the fare and any reasonable gratuity paid; and
b
in any other case, the amount of the fare for travel by the appropriate public service.
5
Where such person travels to or from such place by a private motor vehicle, other than one in respect of which reimbursement under this paragraph is claimed by another person in respect of the same journey, he shall be entitled to be reimbursed in respect thereof —
a
in a case to which paragraph (6) below applies by payment of mileage at the “standard rate” determined under regulation 5 above and of any parking fee actually and reasonably incurred; and
b
in any other case, by payment of mileage at the public transport rate' so determined.
6
This paragraph applies where a journey to or from such place is necessarily undertaken by private motor vehicle or where the use of the vehicle is more economical in the circumstances (taking into account the factors mentioned in parenthesis in paragraph (3)(b) above) or is otherwise reasonable.
Certain persons not to be entitled to allowances or travelling expenses
11
Notwithstanding anything contained in these Regulations, in the case of —
a
a member of, or special constable appointed or person employed for the purposes of, a police force, attending in his capacity as such;
b
a whole-time officer of an institution to which the Prison Act 1952 applies attending in his capacity as such;
c
an inmate of such an institution in respect of any occasion on which he is conveyed to attend at any place in custody,
there shall be no entitlement to any allowance or reimbursement of travelling expenses provided for by these Regulations.
P. B. B. Mayhew
Her Majesty’s Attorney General
5th October 1988
We approve.
D. Lightbown
T. Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
24th October 1988


text:
1
These Regulations may be cited as the Education (Parental Ballots for Acquisition of Grant-maintained Status) (Prescribed Body) Regulations 1988 and shall come into force on 20th September 1988.
2
The Electoral Reform Society whose principal office is at 6 Chancel Street, Blackfriars, London SE1 is hereby prescribed for the purposes of section 61(1) of the Education Reform Act 1988.
Kenneth Baker
Secretary of State for Education and Science
11th August 1988
Peter Walker
Secretary of State for Wales
18th August 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Stanswood Bay Oyster Fishery Order 1988 and shall come into operation on 12th July 1988.
2
In this Order —
“the company” means Stanswood Bay Oystermen Limited, whose registered office is at 37 Hocombe Drive, Chandler’s Ford, Eastleigh, Hampshire SO5 1QE;
“ the grantee ” means the company or such other person as is for the time being entitled to the right of several fishery conferred by this Order;
“the Minister” means the Minister of Agriculture, Fisheries and Food; and
“the 1973 Order ” means the Stanswood Bay Oyster Fishery Order 1973 as extended by the Stanswood Bay Oyster Fishery (Extension of Period) Order 1979 .
Right of several fishery
2
Subject to the following provisions of this Order, there is hereby conferred on the company until 1st June 1995 the right of several fishery for oysters with respect to the areas specified in paragraphs 1 and 2 of the Schedule to this Order.
Marking of limits of fishery
3
The grantee shall mark the limits of the area to which this Order and the 1973 Order together apply in such manner as the Minister may from time to time direct and shall maintain such marks in position and in good repair.
Taking of samples for the purpose of disease control
4
The grantee shall permit any person authorised in that behalf by the Minister to do the following things for any purpose connected with preventing the spreading of disease —
a
at any reasonable time to obtain samples of any shellfish found within the area to which this Order and the 1973 Order together apply and, provided they have been marked, labelled or otherwise made capable of identification, to remove them from that area;
b
when the purpose for which any such sample was taken has been satisfied, to dispose of it as he may determine.
Approval of Associated British Ports for certain fishing
5
The grantee shall not dredge, fish for or take oysters within the area specified in paragraph 1 of the Schedule to this Order without the prior approval in writing of Associated British Ports.
Control of deposits
6
The grantee shall not without the written consent of the Minister deposit or permit any other person to deposit within the limits of the area to which this Order and the 1973 Order together apply any oyster of the species Ostrea edulis and shall comply with any condition subject to which the Minister gives his consent to the deposit of any such oyster.
Accounts of income and expenditure and other information
7
The grantee shall render to the Minister annual accounts of its income and expenditure under this Order and the 1973 Order, and shall furnish to the Minister all other information required by him with reference to those Orders and the area to which they together apply in such form and at such times as he may require, and shall allow any person authorised by the Minister in that behalf to inspect that area and all books of account and other documents in the possession of the grantee relating to those Orders and that area and give to such person any information relating thereto as he may require.
Variation of the 1973 Order
8
The 1973 Order is hereby varied by substituting for articles 4 and 5 thereof the following articles: —
Marking of limits of fishery
4
The grantee shall mark the limits of the area to which this Order and the Stanswood Bay Oyster Fishery Order 1988 together apply in such manner as the Minister may from time to time direct and shall maintain such marks in position and in good repair.
Taking of samples for the purpose of disease control
5
The grantee shall permit any person authorised in that behalf by the Minister to do the following things for any purpose connected with preventing the spreading of disease —
a
to obtain and take away samples, provided they are marked, labelled or otherwise made capable of identification, of any shellfish found within the area to which this Order and the Stanswood Bay Oyster Fishery Order 1988 together apply;
b
when the purpose for which any such sample was taken has been satisfied, to dispose of it as he may determine.
Control of deposits
5A
The grantee shall not without the written consent of the Minister deposit or permit any other person to deposit within the limits of the area to which this Order and the Stanswood Bay Oyster Fishery Order 1988 together apply any oyster of the species Ostrea edulis and shall comply with any condition subject to which the Minister gives his consent to the deposit of any such oyster.
.
Saving for rights of the Crown
9
Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing in the Order shall authorise the grantee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.
Restrictions relating to Associated British Ports, the Central Electricity Generating Board, the Southern Electricity Board and the Southern Water Authority
10
Nothing in this Order shall affect prejudicially Associated British Ports, the Central Electricity Generating Board, the Southern Electricity Board or the Southern Water Authority in respect of any operations carried out by any of those bodies in the exercise of their statutory functions.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th June 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Financial Services (Recognised Collective Investment Schemes from Other Member States) (Luxembourg) Order 1988 and shall come into force on 31st December 1988.
2
Collective investment schemes constituted in the Grand Duchy of Luxembourg which satisfy the requirements specified in article 3 of this Order shall be recognised schemes for the purposes of the Financial Services Act 1986.
3
The requirements specified in this article are that the scheme —
a
is an organisme de placement collectif en valeurs mobilières, within the meaning of the Law of the Grand Duchy of Luxembourg dated 30 March 1988 relating to undertakings for collective investment and is a scheme to which Part I of that Law applies and which has been authorised in pursuance of Chapter 13 of it; and
b
has been issued with an attestation by the authority which is the supervisory authority for the purposes of that Law that it fulfils the conditions imposed by Part I of it.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
20th December 1988


text:
1
1
This Order may be cited as the Cwmbran Development Corporation (Transfer of Property and Dissolution) Order 1988 and shall come into force on 1st April 1988.
2
In this Order —
“ The Act ” means the New Towns Act 1981;
“ The Corporation ” means the Cwmbran Development Corporation and
“The transfer date” means 1st April 1988.
2
The Secretary of State hereby directs that on the transfer date — 3
a
The property of the Corporation shall vest in the Commission, and
b
The Corporation shall cease to act except for the purposes of the carrying out its functions under sections 67( ), 68 and 70 of the Act (accounts of development corporation, audit and report) and taking such other steps as are necessary to wind up its affairs.
3
For the purpose of ensuring the satisfactory discharge of the functions remaining to the Corporation on and after the transfer date, the Commission shall provide the Corporation with all necessary facilities including, in particular, access to any books, papers or documents which immediately before the transfer date were the property of the Corporation.
4
Any property received by the Corporation on or after the transfer date shall be transferred by the Corporation to the Commission.
5
The Secretary of State hereby directs that the Corporation shall be dissolved on 30th June 1988.
Signed by authority of the Secretary of State for Wales
J. C. Lewis
An Assistant Secretary in the Welsh Office
15th February 1988


text:
1
This Order may be cited as the Local Loans (Increase of Limit) Order 1988, and shall come into force on the day after the day on which it is made.
2
The sum of £42,000 million specified in section 4(1) of the National Loans Act 1968 as a limit for local loans shall be increased to £50,000 million.
Peter Lloyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 1988


text:
Citation, commencement and interpretation
1
This Order may be cited as the School Curriculum Development Committee and Secondary Examinations Council (Designation of Staff) Order 1988, and shall come into force on 3rd January 1989.
Designation of staff to be transferred from existing bodies
2
1
Any employee of the School Curriculum Development Committee who is named in column 1 of Schedule 1 to this Order is designated as respects the Council specified in relation to that employee in column 2 of that Schedule.
2
Any employees of the Secondary Examinations Council who is named in column 1 of Schedule 2 to this Order is designated as respects the Council specified in relation to that employee in column 2 of that Schedule.


text:
1
This Order may be cited as the Education (Listed Bodies) Order 1988 and shall come into force on 30th November 1988.
2
The bodies which are specified in the Schedule to this Order comprise all those bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.


text:
Citation and commencement
1
1
This Order may be cited as the Cowes Harbour Revision Order 1988 and shall come into force on 1st February 1988.
2
The Cowes Harbour Acts and Orders 1897 to 1970 and this Order may be cited together as the Cowes Harbour Acts and Orders 1897 to 1988.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1897 Act ” means the Cowes Harbour Act 1897 ;
“ the Commissioners ” means the Commissioners for the Harbour of Cowes incorporated by the 1897 Act.
Changes in constitution of Commissioners
3
As from the 7th December 1988, for section 5 of the 1897 Act (constitution of Commissioners) there shall be substituted the following section: —
Constitution of Commissioners.
5
1
The Commissioners shall, subject to any casual vacancies, consist of not less than 18 nor more than 20 persons, constituted as follows: —
a
the Queen’s Harbour Master at Portsmouth for the time being;
b
five to be appointed by the Medina borough council from among themselves in accordance with rules made by them from time to time;
c
two to be appointed by the Cowes town council from among themselves in accordance with rules made by them from time to time;
d
four traders' members elected in accordance with the following provisions of this Act (in this Act called “the traders' members”);
e
one being a director or officer of any ferry service operator using the harbour or, if there is more than one, the major operator and appointed by that operator;
f
one being a director or officer of the operators for the time being of Medina wharf and appointed by them;
g
one to be appointed by the Isle of Wight county council from among themselves in accordance with rules made by them from time to time, to be called “the county council member”;
h
one to be appointed by the Solent Cruising and Racing Association after consultation with the chairman of the Commissioners;
i
one to be appointed by the Royal Yachting Association;
j
the Chief Executive of the Commissioners for the time being;
k
not more than two to be co-opted as provided in subsection (2) below.
2
The Commissioners mentioned in subsection (1)(a) to (i) above may, by a resolution supported by the votes of at least five of the Commissioners after notice of the meeting and of its purpose has been given in the manner in which notices of meetings of the Commis-sioners are usually given, co-opt as additional Commissioners not more than two persons who in their opinion have a substantial interest in the improvement, maintenance or management of the harbour or who in their opinion have special knowledge or experience that would be of value to the Commissioners in the discharge of their functions or who are engaged to a significant extent in the import or export of goods through the harbour.
3
A person shall not be eligible for co-option under this section if he is employed by or is a member of any of the appointing authorities mentioned in subsection (1) above or any body controlling any of those authorities.
4
A Commissioner co-opted under this section shall (unless his office previously becomes vacant for any reason) continue in office for a period not exceeding one year beginning with the date of his co-option and on the expiry of that term shall be eligible for co-option again.
.
Appointment of council Commissioners and tenure of office
4
In section 6 of the 1897 Act (election and rotation of members representing councils) for the words from “the town council” to “succeeding year” there shall be substituted the words “the Medina borough council, the Cowes town council, and the county council respectively shall be appointed at meetings of those bodies respectively to be held in November in the year 1988 and in every third year thereafter”.
Election of traders' and other members and tenure of office
5
1
Section 7 of the 1897 Act (election and rotation of traders' and other members) shall be amended as follows.
2
For subsections (1) to (3) there shall be substituted the following subsections: —
1
Traders' members shall be elected by the electors of traders' members on the 1st December 1988 and every third year thereafter in the manner by this Act provided and shall hold office until the 7th December three years later.
2
As soon as practicable after the commencement of the Cowes Harbour Revision Order 1988 (“the commencement date”) the Chief Executive of the Commissioners shall make out and deliver to the Commissioners a list of the electors of traders' members qualified on the 31st October 1988 in accordance with the provisions of that Order, and that list shall have effect for the first election of traders' members after the commencement date and shall for all purposes of this Act be substituted for the list of electors in force under this Act immediately before the commencement date.
3
The Commissioners to be appointed as provided in section 5(1)(e) and (f) of this Act shall be appointed prior to the 1st November in the year 1988 and in every third year thereafter.
.
3
In subsection (4) (as substituted by article 4 of the Harbour Authorities (Constitition) Order 1985 ) for the words from “1985” to the end there shall be substituted the words “1988 and in every third year thereafter”.
4
Subsection (5) shall cease to have effect.
5
In subsection (6) for the words “Yacht Racing Association” there shall be substituted the words “Royal Yachting Association” and for the words from “first day of November” to the end there shall be substituted the words “1st November in the year 1988 and in every third year thereafter”.
6
In subsection (7) the words from “fail to make” to “elect Commissioners”, in the first place where they occur, and the word “subsequent” shall cease to have effect.
7
In subsection (9) for the words “following year” there shall be substituted the words “third year thereafter”.
8
Nothing in this article shall preclude a Commissioner appointed or elected under section 6 or 7 of the 1897 Act before the commencement of this Order from continuing in office until the 7th December 1988.
Qualification of traders' members
6
For section 9 of the 1897 Act (qualification of traders' members) there shall be substituted the following section: —
Qualification of traders' members.
9
1
Subject to subsection (2) below and section 10 of this Act, a person shall be qualified to be a traders' member if he is, or is a partner in a firm or a director of a body corporate which is, qualified as an elector of traders' members in accordance with section 11 of this Act, or the sole agent duly appointed in writing by any such person, firm or body corporate, being at the date of nomination either a ratepayer of the borough of Medina or having a residence or place of business within a radius of 30 miles of the harbour office.
2
Only one partner in any firm or one director of any body corporate shall be qualified to be a traders' member and, in case more than one partner in any firm or more than one director of any body corporate is nominated at any election, only the nomination of the partner or director first nominated shall be valid.
.
Qualification of electors of traders' members
7
1
For section 11(1) and (2)(A) and (B) of the 1897 Act (qualification of electors of traders' members) there shall be substituted the following: —
1
Any person, partnership or body corporate —
a
importing or exporting goods to or from the harbour by means of ships; or
b
being the registered owner of commercial ships registered in the United Kingdom elsewhere than at the port of Cowes and used to import or export goods to or from the harbour;
in respect of which, during the 12 months ending the 31st October immediately preceding the election, dues have been paid in respect of —
i
at least one single cargo of 500 tonnes or more; or
ii
the carrying on at least one journey of 100 passengers or more,
shall be qualified to vote for each traders' member according to the scale in subsection (2) below.
2
The scale is —
a
one vote for the first such 500 tonnes of cargo or 100 passengers carried; and
b
in the case of cargoes, an additional vote for every 2000 tonnes of cargo carried, in addition to the first 500 tonnes but ignoring tonnages comprised in cargoes of less than 500 tonnes; and
c
in the case of passengers, one additional vote for every 200 passengers carried in addition to the first 100 passengers but ignoring any passengers carried in a journey involving fewer than 100 passengers,
up to a maximum of six votes.
2A
Any person, partnership or body corporate being the registered owner of commercial ships registered at, or trading wholly or mainly to or from, the harbour of Cowes of a gross registered tonnage of 25 tons or upwards in respect of which dues have been paid to the Commissioners during the 12 months ending the 31st October immediately preceding the election shall be qualified to vote for each traders' member according to the following scale, that is to say: —
a
one vote in respect of the first 25 tons of registered tonnage, and
b
an additional vote for every 150 tons above the first 25 tons,
up to a maximum of six votes.
.
2
In section 13 of the 1897 Act (list of electors of traders' members to be made out) for the words “companies municipal corporations and councils” and “company municipal corporation and council” there shall be substituted respectively the words “and bodies corporate” and “and body corporate”.
3
In section 15 of the 1897 Act (revision of lists of electors of traders' members) for the words “company municipal corporation or council”, wherever they occur, there shall be substituted the words “or body corporate”.
4
In section 18 of the 1897 Act (revised lists to be conclusive evidence of rights to vote) for the words “companies municipal corporations or councils”, in both places where the occur, there shall be substituted the words “or bodies corporate”.
Occasional vacancies among Commissioners
8
As from the 7th December 1988, in section 21 of the 1897 Act (mode of supplying occasional vacancies), in subsection (3) for the words from “the Admiralty” to “Association” there shall be substituted the words “the ferry service operator, the operators of Medina wharf or the Royal Yachting Association”.
Chief Executive of Commissioners
9
The clerk to the Commissioners shall on and after the coming into operation of this Order be known as the Chief Executive of the Commissioners; and references to the clerk in any local enactment or in any document shall be construed accordingly.
Repeals
10
The enactments specified in the Schedule to this Order are hereby repealed to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
15th January 1988


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1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1988.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) ( No. 2) Order 1987 is revoked.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 thereto and substituting therefor the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the state or Territory
Australia Australian States and mainland Territories 1st January 1987 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 The Swiss Confederation — 1st August 1986
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Restriction on Movement of Spruce Wood (Amendment) Order 1988 and shall come into force on 28th June 1988.
Amendment of the Restriction on Movement of Spruce Wood Order 1982
2
The Restriction on Movement of Spruce Wood Order 1982 shall be further amended by substituting for the Schedule thereto (areas in respect of which the movement of spruce wood is restricted) the following Schedule —
SCHEDULE
AREAS IN RESPECT OF WHICH THE MOVEMENT OF SPRUCE WOOD IS RESTRICTED
Article 3
Column 1 Column 2 Counties Those parts of the counties within which restrictions apply
Avon That part of the county which lies to the north of the southern boundary of the M4. Cheshire That part of the county which lies to the west of the eastern boundary of the M6.
Clwyd
Dyfed
Gloucestershire
} The whole county. Greater Manchester That part of the county which comprises the district of Wigan.
Gwent
Gwynedd
Hereford and Worcester
Lancashire
Merseyside
Mid Glamorgan
} The whole county. North Yorkshire That part of the county which comprises the district of Craven.
Powys
Shropshire
South Glamorgan
} The whole county. Staffordshire That part of the county which comprises the districts of Cannock Chase, Newcastle-under-Lyme, Stafford, Stoke-on-Trent and South Staffordshire. West Glamorgan The whole county. West Midlands That part of the county which comprises the districts of Birmingham, Dudley, Sandwell, Walsall and Wolverhampton.
Revocation
3
The Restriction on Movement of Spruce Wood (Amendment) Order 1986 is hereby revoked.
In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 27th May 1988.
P. J. Clarke
Secretary to the Forestry Commissioners


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Planning Functions) (Wolverhampton) Order 1988 and shall come into force on 31st August 1988.
Interpretation
2
In this Order —
“the 1971 Act ” means the Town and Country Planning Act 1971 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Wolverhampton Urban Development Area Order 1988 ; and
“the development corporation” means the Black Country Development Corporation .
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1971 Act
4
The provisions of the 1971 Act specified in Part II of Schedule 29 to the 1980 Act, which have effect in relation to the development corporation , with all the modifications specified in that Part, shall similarly have effect in relation to the development area.
Transitional provision: planning applications
5
1
This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which —
a
was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
Except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order under section 276 in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose remain liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
5th August 1988


text:
1
This Order may be cited as the British Steel Act 1988 (Nominated Company) Order 1988.
2
The company nominated for the purposes of section 1 of the British Steel Act 1988 is British Steel plc (registered number 2280000).
Lord Young of Graffham
Secretary of State for Trade and Industry
2nd August 1988


text:
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (No. 2) Order 1988 and shall come into force on 27th October 1988.
Amendment of 1985 Order
2
The Housing (Right to Buy) (Priority of Charges) Order 1985 is hereby amended by the substitution for the third item in the list set out in the Schedule thereto, of the following:
3
London and Manchester (Mortgages) (No. 1) Limited.
.
Approved Lending Institutions
3
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985:
a
Abbey Life Mortgage Finance Limited,
b
Abbey Life Mortgage Loans Limited,
c
CIS Mortgage Maker Limited,
d
London and Manchester (Mortgages) (No. 2) Limited.
Nicholas Ridley
Secretary of State for the Environment
19th September 1988
Peter Walker
Secretary of State for Wales
22nd September 1988
We consent,
David Lightbown
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
5th October 1988


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1986 (Commencement No. 9) Order 1988.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1986.
Appointed days
2
The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in the Schedule to this Order is 11th April 1988.
Revocations
3
In the Social Security Act 1986 (Commencement No. 7) Order 1987 , the commencement in the Schedule to that Order of the following provisions of the Social Security Act 1986 are revoked, that is to say —
a
Schedule 3, paragraph 11, and section 39 in so far as it relates to that paragraph;
b
the repeals in Schedule 11, and section 86(2) so far as it relates to those repeals, of the following provisions —
i
in the Social Security Act 1975 , Schedule 4, Part V, paragraphs 13 and 15, and in Schedule 20, the definitions of“The deceased” and“Industrial death benefit”;
ii
in the Social Security (Consequential Provisions) Act 1975 , Schedule 3, paragraph 18;
iii
in the Pneumoconiosis etc. (Workers' Compensation) Act 1979 , section 2(3), the words“industrial death benefit under section 76 of the Social Security Act 1975, or”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
21st March 1988