text:
Citation and commencement
1
These Regulations may be cited as the Quarries (Explosives) Regulations 1988 and shall come into force on 1st January 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“appoint” means appoint in writing with a written statement of duties and jurisdiction;
“explosives” means —
any solid or liquid substance or any mixture of solid or liquid substances or both which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions; or
any article containing any substance or mixture such as is described in sub-paragraph (a) above;
“explosives store” means —
premises registered in accordance with section 21 of the Explosives Act 1875 (“the 1875 Act ”); or
a magazine licensed in accordance with sections 6 to 8 of the 1875 Act; or
a store licensed in accordance with section 15 of the 1875 Act;
“manager” means the manager for the time being of a quarry or where there are two or more managers, the manager having jurisdiction over the relevant part of a quarry, and any duty imposed upon the manager by these Regulations shall relate to the quarry or part of a quarry of which he is the manager;
“misfire” means an occurrence in relation to the firing of shots where —
testing before firing reveals broken continuity which cannot be rectified; or
a shot or any part of a shot fails to explode when an attempt is made to fire it;
“owner” means the owner of a quarry within the meaning of section 181 of the 1954 Act;
“quarry” means a quarry within the meaning of section 180 of the 1954 Act;
“shot” means a single shot or a series of shots fired as part of one blast;
“shotfirer” means a person appointed by the manager pursuant to regulation 7(1) to carry out shotfiring operations;
“shotfiring operations” includes —
mixing explosives;
priming a cartridge;
charging and stemming a shothole;
linking or connecting a round of shots;
coupling a shotfiring circuit to a detonator circuit, circuit tester or exploder;
determining a danger zone;
withdrawal and sheltering of persons;
testing a shotfiring circuit; and
firing a shot;
“trainee shotfirer” means a person appointed by the manager pursuant to regulation 7(1) to undergo training in shotfiring operations under the close personal supervision of a shotfirer.
2
Expressions to which meanings are assigned by the 1974 Act or these Regulations shall, unless the context otherwise requires, have the same meanings in any document issued under these Regulations.
3
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation is a reference to the regulation of these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference appears.
Application
3
These Regulations shall apply to the keeping, handling and use of explosives at a quarry, but they shall not apply to —
a
explosives or detonators while they are in the course of being transported from outside a quarry directly to —
i
an explosives store inside the quarry; or
ii
a point inside the quarry from which they will be taken for use inside that quarry during the same day as they were delivered; or
b
the vehicle being used so to transport them.
Owner’s duties
4
The owner of every quarry at which explosives and detonators are used shall so far as is practicable —
a
satisfy himself that any person he appoints to be a manager has attained the age of 21 years and is competent to perform the duties imposed on him by these Regulations; and
b
provide such facilities and equipment as are necessary to enable shotfiring operations to be carried out safely.
Manager’s duties
5
1
The manager of every quarry at which explosives and detonators are used shall ensure, so far as is reasonably practicable, that explosives and detonators at the quarry are kept, handled and used safely and securely.
2
Without prejudice to the generality of paragraph (1), the manager shall —
a
ensure that any equipment, including any vehicle, which is provided for use in relation to shotfiring operations is —
i
suitable for its intended use;
ii
so kept, tested and maintained that it can be used safely; and
iii
in the case of a vehicle, so marked as to be readily visible from a distance;
b
make and keep up to date suitable rules (which must be amended or modified if so required by an inspector), which rules shall lay down in writing procedures for shotfiring operations at the quarry, procedures for dealing with misfires, and arrangements for ensuring, so far as is reasonably practicable, that they are complied with;
c
approve adequate written specifications (whether prepared by him or not) for the firing of shots at the quarry to ensure so far as is reasonably practicable that when such firing occurs it will not give rise to danger;
d
appoint a suitable person to be in charge of the explosives store; and
e
ensure that at all times explosives and detonators are either in a locked explosives store or under the constant supervision of a suitable person.
3
The manager shall ensure that the rules referred to in paragraph (2)(b) and any amendments or modifications made to them are kept at the office of the quarry and copies of them are —
a
posted in the covered accommodation provided in pursuance of section 135 of the 1954 Act; and
b
given to any person at the quarry on whom they impose duties.
4
The manager shall ensure that the specification referred to in paragraph (2)(c) and any amendments made to it are kept at the office of the quarry for a period of one year from the date of being made; and he shall give a copy of the specification to any person at the quarry on whom it imposes duties.
5
The manager shall ensure that a legible and permanent record of the results of any examination of or test on any exploder or circuit tester at the quarry is recorded and kept for a period of 3 years in a safe place at that quarry.
Security of explosives and detonators
6
No person (other than a shotfirer, trainee shotfirer, a person authorised by the manager to handle explosives or detonators at a quarry, or a person appointed to be in charge of the explosives store) shall handle explosives or detonators at a quarry.
Appointment of shotfirers and trainee shotfirers
7
1
For the purpose of enabling shotfiring operations to be carried out at a quarry, the manager shall appoint shotfirers and trainee shotfirers.
2
The manager shall take all reasonable steps to —
a
satisfy himself that any person he appoints to be a shotfirer has attained the age of 21 years and has such training, knowledge and experience as are appropriate to ensure that he is competent to fire shots safely; and
b
ensure that a trainee shotfirer at the quarry does not fire shots and is not required to fire shots —
i
until the manager is satisfied that he has completed a suitable period of training and appropriate practical experience; and
ii
except when he is under the close personal supervision of a shotfirer.
3
A person at a quarry shall not fire shots unless he is a shotfirer or trainee shotfirer, or was, immediately before the coming into force of these Regulations, a shotfirer at that quarry within the meaning of regulation 5 of the Quarries (Explosives) Regulations 1959 .
4
The manager shall ensure that a record of the appointment at a quarry of any shotfirer or trainee shotfirer is kept at the office of the quarry until one year after that shotfirer’s or, as the case may be, trainee shotfirer’s employment at the quarry ends.
Shotfirer’s duties
8
1
A shotfirer at a quarry who is to fire a shot or supervise the firing of a shot shall ensure so far as is reasonably practicable that each stage of the shotfiring operation is carried out safely and in accordance with the rules required to be made in pursuance of regulation 5(2)(b) and any specification required to be approved in pursuance of regulation 5(2)(c).
2
Before a shot is fired electrically, a shotfirer shall —
a
where a transformer coupled electric detonator is not used, ensure that the electric detonator is connected in series and test the circuit for continuity and electrical resistance with an ohmmeter suitable for the purpose from a safe place; or
b
where a transformer coupled electric detonator is used, test the primary loop wire of the circuit for continuity and check the circuit for electrical impedance with an instrument suitable for the purpose; and
c
in either case, ensure that the electrical resistance or impedance of the shotfiring circuit is such as to make a misfire unlikely; and
d
ensure that the shot is fired from a safe place.
3
No person shall fire a shot other than by means of a suitable exploder or suitable safety fuse.
4
No person shall cap safety fuse with a detonator unless he is using crimpers designed for the purpose and he is in a suitable sheltered place designated by the manager for the purpose.
Exploders
9
1
The manager shall ensure that no exploder is used at a quarry unless it is one which can only be operated by means of a removable handle or key.
2
A shotfirer at a quarry who is to fire a shot or supervise the firing of a shot shall —
a
not place the removable handle or key in position in the exploder until he is about to use the exploder to test the circuit or fire a shot;
b
withdraw the removable handle or key from the exploder immediately after the operation of the exploder or an unsatisfactory test on the firing circuit; and
c
keep the removable handle or key in his personal possession throughout his period of duty.
3
The manager shall ensure that all duplicate removable handles and keys are kept in a secure place.
Misfires
10
In the event of a misfire the shotfirer in charge of the shot shall consult the manager who shall ensure so far as is reasonably practicable —
a
that, apart from himself, no person other than the shotfirer, trainee shotfirer or any other person authorised by him enters the danger area —
i
where the shot was fired by means of safety fuse, until a period of 30 minutes has elapsed since the misfire; or
ii
where the shot was fired by other means, until a period of 5 minutes has elapsed since the misfire and any electrical shotfiring apparatus has been disconnected from the shot;
b
that appropriate steps are taken to determine the cause of and to deal with the misfire;
c
that a suitable record is kept of the misfire; and
d
that appropriate steps are taken to prevent theft of the explosives and detonators or their initiation by an unauthorised person.
Prohibited shots
11
1
No person shall charge or fire a shot at a quarry —
a
between one hour after sunset and one hour before sunrise;
b
in a shothole which has previously been fired, unless he is dealing with a misfire in accordance with action taken in pursuance of regulation 10(b); or
c
in any tunnel or other excavation (not being merely a shothole) in the face or side of the quarry for the purpose of getting minerals or products of minerals (a “heading blast”), but this sub-paragraph shall not apply to any quarry at which heading blasts were used at any time during the period of 2 years immediately preceding the coming into force of these Regulations.
2
No person shall forcibly remove any detonator lead, safety fuse or other system for initiating shots from a shothole after the shothole has been charged and primed.
Prohibited activities near explosives
12
No person shall smoke within 10 metres of any explosives or detonators or (except for the purpose of lighting igniter cord or safety fuse) take any naked flame within 10 metres of any explosives or detonators.
Exemption certificates
13
1
Subject to paragraph (2), the Health and Safety Executive may, by certificate in writing, exempt any person or class of persons, any quarry or class of quarries or any part of a quarry, or any thing or class of things and any operation or class of operations from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisified that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the security of explosives or detonators will not be so prejudiced.
Modification of the Mines and Quarries Act 1954
14
Sections 102(2) and 103(2) of the 1954 Act (which provide respectively for the temporary appointment of quarry managers and supervision by quarry managers) shall each have effect as if the reference to the purposes of that Act and regulations included a reference to the purposes of these Regulations.
Disapplication of section 157 of the Mines and Quarries Act 1954
15
Section 157 of the 1954 Act (which provides a defence in legal proceedings and prosecutions in certain circumstances) shall not apply in relation to any legal proceedings or prosecution based on an allegation of a contravention of a requirement or prohibition imposed by or under these Regulations.
Revocations and modifications
16
1
The following Regulations are hereby revoked —
a
Regulation 11 of the Quarries (General) Regulations 1956 ;
b
the Quarries (Explosives) Regulations 1959; and
c
the Tregargus Quarry (Explosives) Special Regulations 1960 .
2
In the 1954 Act, the Mines and Quarries (Tips) Act 1969 and the Mines Management Act 1971 , and in regulations made under any of those Acts, or in health and safety regulations, any reference to any of those Acts shall be treated as including a reference to these Regulations.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
3rd November 1988


type: legislation

jurisdiction: UK

text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the route described in Schedule 2 to this Order (the highway along this route being in this Order referred to as “the slip road”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of a new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclose or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The length of trunk road described in Schedule 3 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Bedfordshire that the new trunk roads are open for through traffic.
5
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purposes of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/2 — E234 marked “The London-Carlisle-Glasgow-Inverness Trunk Road (A6) (Barton-Le-Clay Bypass and Slip Road) 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 main new trunk road” and “the slip road” and “a new trunk road” means one of those highways;
iv
“the Trunk Road”
means the London-Carlisle-Glasgow-Inverness Trunk Road (A6).
6
This Order shall come into force on 7th March 1988 and may be cited as the London — Carlisle-Glasgow-Inverness Trunk Road (A6) (Barton-Le-Clay Bypass and Slip Road) Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
12th February 1988


text:
1
This Order may be cited as the Merchant Shipping (Prevention of Oil Pollution) (Bermuda) Order 1988 and shall come into force on 26th May 1988.
2
The provisions of Articles 3(1) and 6 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983 , as modified in the Schedule hereto, shall extend to Bermuda.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Shorthand Writer’s Fees) 1988 and shall come into force on 18th July 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Chapter II of the Schedule to the Act of Sederunt of 7th May 1935 in the paragraphs specified in column 1 of the following table, for the figures specified in column 2, substitute the figures specified in column 3 of that table: —
TABLE
Column 1 Column 2 Column 3 (Old fees) (New fees)
1 £12.48 £13.10 1 £30.12 £31.63 1 £37.20 £39.06 2 £ 2.66 £ 2.79 3 £ 0.21 £ 0.22
Emslie
Lord President, IPD
Edinburgh
9th June 1988


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988.
2
These Regulations shall come into force on the third day after the day on which they are made.
3
These Regulations apply throughout England and Wales: but in the Isles of Scilly regulations 12, 13 and 17(7) apply subject to the modifications set out in regulation 26.
Interpretation
2
1
In these Regulations, unless the contrary intention appears —
“ the Act ” means the Town and Country Planning Act 1971 , references to sections are references to sections of that Act and expressions used in that Act and these Regulations have the meaning they have in the Act save that, in relation to an appeal, references to the Secretary of State shall not be construed as references to an inspector;
“aerodrome” means a defined area on land or water (including any buildings and other installations) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
“controlled waste” has the meaning assigned to it by section 30(1) of the Control of Pollution Act 1974 ;
“documents” include photographs, drawings, maps and plans;
“environmental information” means the environmental statement prepared by the applicant or appellant or in a case falling within regulation 17 by the author-ity, any representations made by any body required by these Regulations to be invited to make representations or to be consulted and any representations duly made by any other person about the likely environmental effects of the proposed development;
“environmental statement” means such a statement as is described in Schedule 3;
“exempt development” means particular proposed development which is the subject of a direction by the Secretary of State that these Regulations do not apply in relation to it;
“the General Development Order ” means the Town and Country Planning General Development Order 1977 ;
“the General Regulations ” means the Town and Country Planning General Regulations 1976 ;
“inspector” means a person appointed by the Secretary of State pursuant to Schedule 9 to the Act to determine an appeal;
“the land” means the land on which proposed development would be carried out;
“local planning authority” means the body to whom it falls or would but for a direction under section 35 fall, to determine an application for planning permission, or to whom it would fall (but for any such direction) to determine a proposed application;
“principal council” has the meaning assigned to that term by section 270(1) of the Local Government Act 1972 ;
“register” means a register kept pursuant to section 34 and “appropriate register” means the register on which particulars of an application for planning permission for the relevant development would fall to be placed when such an application is made;
“Schedule” means a Schedule to these Regulations;
“Schedule 1 application” means an application for planning permission (other than an application made pursuant to section 31A or section 32) for the carrying out of development of any description mentioned in Schedule 1, which is not exempt development;
“Schedule 2 application” means, subject to paragraph (2), an application for planning permission (other than an application made pursuant to section 31A or section 32) for the carrying out of development of any description mentioned in Schedule 2, which is not exempt development and which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;
“special road” means a special road authorised by a scheme made by a local highway authority under section 16 of the Highways Act 1980 for the use of traffic within Classes I and II of Schedule 4 to that Act; and
“special waste” means waste to which that term is applied by regulation 2 of the Control of Pollution (Special Waste) Regulations 1980 .
2
Where the Secretary of State gives a direction which includes a statement that in his opinion proposed development would be likely, or would not be likely, to have significant effects on the environment by virtue of factors such as its nature, size or location, or includes such a statement in a notification under regulation 10(1), that statement shall determine whether an application for planning permission for that development is, or is not, a Schedule 2 application by reason of the effects the development would be likely to have; and references in these Regulations to a Schedule 2 application shall be interpreted accordingly.
Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with
3
The provisions enabling the Secretary of State to give directions which may be included in a development order by virtue of section 31 shall include provisions enabling him to direct —
a
that particular proposed development of a description set out in Schedule 1 or 2 is exempt development to which these Regulations do not apply;
b
that particular proposed development is not development in respect of which the consideration of environmental information is required before planning permission can be granted;
c
that particular proposed development or development of any class is development in respect of which such consideration is required.
Prohibition on the grant of planning permission without consideration of environmental information
4
1
This regulation applies to any Schedule 1 or Schedule 2 application received by the authority with whom it is lodged on or after 15th July 1988 and any such application lodged with the Secretary of State by an authority pursuant to regulation 7 of the General Regulations on or after that date.
For the purposes of this paragraph, the date of receipt of an application by an authority shall be determined in accordance with article 7(6A) of the General Development Order .
2
The local planning authority or the Secretary of State or an inspector shall not grant planning permission pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration.
3
Subject to any direction of the Secretary of State, the occurrence of an event mentioned in paragraph (4) shall determine in the case of an application for planning permission for development, other than exempt development, that, for the purposes of this regulation, the application is a Schedule 1 or 2 application.
4
The events referred to in paragraph (3) are —
i
the submission by the applicant of an environmental statement expressed to be for the purposes of these Regulations;
ii
a failure by the applicant to apply to the Secretary of State for a direction where the local planning authority have given such an opinion as is mentioned in regulation 5(6)(a); and
iii
the making to that authority by the applicant of a written statement agreeing or conceding that the submission of an environmental statement is required.
Opinion as to whether an application will be a Schedule 1 or 2 application
5
1
A person who is minded to apply for planning permission may ask the local planning authority to state in writing whether in their opinion the proposed development would be within a description mentioned in Schedule 1 or 2 and, if so, —
a
within which such description; and
b
if it falls within a description in Schedule 2, whether its likely effects would be such that regulation 4 would apply.
2
A request made pursuant to paragraph (1) shall be accompanied by —
a
a plan sufficient to identify the land;
b
a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;
c
such other information or representations as the person making the request may wish to provide or make.
3
An authority receiving a request under paragraph (1) shall, if they consider that they have not been provided with sufficient information to give an opinion on the questions raised, notify the person making the request of the particular points on which they require further information.
4
An authority shall respond to a request under paragraph (1) within 3 weeks beginning with the date of the request or such longer period as may be agreed in writing with the person making the request; and if they express an opinion to the effect that the consideration of environmental information would be required before planning permission could be granted for the proposed development, they shall provide with the opinion a written statement giving clearly and precisely their full reasons for their conclusion.
5
An authority shall make a copy of any opinion given pursuant to a request under paragraph (1), and any accompanying statement of reasons and a copy of the relevant request and the accompanying documents available for public inspection at any reasonable hour at the place where the appropriate register (or relevant section of that register) is kept until such time, if any, as a copy of that opinion is required by regulation 7 to be placed on Part I of that register.
6
Where an authority —
a
give an opinion to the effect mentioned in paragraph (4); or
b
fail to give an opinion within the relevant period mentioned in paragraph (4),
the person who requested the opinion may apply in accordance with regulation 6 to the Secretary of State for a direction on the matter.
7
Paragraph (6)(b) applies notwithstanding that the authority may not have received further information which they have sought under paragraph (3).
Pre-application directions
6
1
A person applying to the Secretary of State for a direction pursuant to regulation 5(6) shall submit with his application —
a
a copy of his request under regulation 5(1) to the local planning authority and the documents which accompanied it;
b
a copy of any notification under regulation 5(3) which he has received and of any response;
c
a copy of any opinion given by the authority and of the accompanying statement of reasons; and
d
any representations he wishes to make.
2
A person applying as aforesaid shall, when he makes the application, send the local planning authority a copy of the application and of any representations he makes to the Secretary of State.
3
The Secretary of State shall notify an applicant in writing of any points on which he considers the information provided pursuant to paragraph (1) is insufficient to enable him to give a direction; and may request the local planning authority to provide such information as they can on any of those points.
4
The Secretary of State shall issue a direction within 3 weeks beginning with the date of the application or such longer period as he may reasonably require.
5
The Secretary of State shall upon giving a direction send a copy to the applicant and the local planning authority; and where he gives a direction that the proposed application would be a Schedule 1 or Schedule 2 application, he shall at the same time send them a written statement giving his full reasons for his conclusion clearly and precisely.
Availability of directions etc. for inspection
7
1
Where particulars of a planning application are placed on Part I of the register, the local planning authority shall take steps to secure that there is also placed on that Part a copy of any direction which the Secretary of State has given as to whether the application is, or is not, a Schedule 1 or 2 application; and of any relevant opinion given pursuant to regulation 5.
2
Where the Secretary of State gives any such direction as is mentioned in paragraph (1) after particulars of the relevant application have been placed on Part I of the register or sends the applicant a notification under regulation 10, the local planning authority shall take steps to secure that a copy of that direction or notification is also placed on that Part of the register.
3
Where the local planning authority notify an applicant under regulation 9 that they consider his application cannot be granted unless he submits an environmental statement, they shall take steps to secure that a copy of that notification is placed on Part I of the register.
4
Where the Secretary of State gives, otherwise than pursuant to regulation 6, a direction as to whether the consideration of environmental information is required before planning permission can be granted for a particular proposed development he shall forthwith send a copy of the direction to the local planning authority and to such other persons as he considers it desirable to send a copy together, where necessary, with documents sufficient to identify the land and the development.
5
Where a copy of a direction is received by the local planning authority before application is made for planning permission for the development in question, the authority shall take steps to secure that a copy of the direction and any documents sent with it are available for public inspection at all reasonable hours at the place where the appropriate register (or section of that register) is kept.
Procedure to facilitate preparation of environmental statements
8
1
A prospective applicant may give the local planning authority notice in writing that he intends to make a Schedule 1 or Schedule 2 application and to submit an environmental statement with his application.
2
A notice under paragraph (1) shall include the information necessary to identify, or be accompanied by documents identifying, the land and the nature and purpose of the proposed development, and shall indicate the main environmental consequences to which the prospective applicant proposes to refer in his environmental statement.
3
Paragraph (4) applies where —
a
the local planning authority receive in relation to a proposed planning application —
i
such a notice as is mentioned in paragraph (1); or
ii
such a statement as is mentioned in regulation 4(4)(iii); or
iii
a copy of a direction by the Secretary of State under regulation 6 that a proposed application would be a Schedule 1 or Schedule 2 application; or
b
an authority proposes to prepare an environmental statement in connection with an application for planning permission to be made to the Secretary of State under regulation 7 of the General Regulations;
but only paragraph (4)(a) shall apply by virtue of sub paragraph (b).
4
Where this paragraph applies, the authority in question shall —
a
notify the bodies mentioned in paragraph (5) in writing of the name and address of the prospective applicant and of the duty imposed upon them by regulation 22 to make information available to the prospective applicant;
b
inform the prospective applicant in writing of the names and addresses of the bodies so notified.
5
The bodies referred to in paragraph (4) are —
a
any body which the local planning authority would be required by article 15 of the General Development Order or any direction under that article to consult if the application were before them;
b
the following bodies if not referred to in subparagraph (a), —
i
any principal council for the area where the land is situated, if not the local planning authority;
ii
the Countryside Commission;
iii
the Nature Conservancy Council;
c
where the proposed development is a development of a description referred to in paragraph (6), Her Majesty’s Inspectorate of Pollution.
6
The development referred to in paragraph (5)(c) is any development which in the opinion of the local planning authority will —
a
involve mining operations, or manufacturing industry or the disposal of waste; and
b
is likely either —
i
to give rise to waste, the disposal of which requires an authorisation under the Radioactive Substances Act 1960 , or to discharges (other than of domestic sewage) which are controlled waste or special waste or are likely to require the licence or consent of a water authority; or
ii
to involve works specified in Schedule 1 to the Health and Safety (Emissions to the Atmosphere) Regulations 1983 .
7
Paragraph (4) shall apply (but subject to the modifications mentioned in paragraph (8)) where a Schedule 1 or Schedule 2 application has been made without an environmental statement and —
i
the Secretary of State has given a direction to the effect that the consideration of environmental information is required before planning permission can be granted; or
ii
the applicant has informed the local planning authority or, where the application has been referred to the Secretary of State or is the subject of an appeal, the Secretary of State, that he proposes to submit an environmental statement.
8
In its application by virtue of paragraph (7), paragraph (4) shall have effect —
a
as if references to the prospective applicant were references to the applicant or appellant, as appropriate; and
b
where the application has been referred to the Secretary of State or is the subject of an appeal, as if references to the local planning authority in paragraphs (4) and (6) were references to the Secretary of State and regulation (5)(a) referred to such bodies as the Secretary of State considers would be required to be consulted by or under article 15 of the General Development Order if the case were before the local planning authority.
Application made to a planning authority without an environmental statement
9
1
Where it appears to the local planning authority that an application for planning permission is a Schedule 1 or a Schedule 2 application, and it is not accompanied by an environmental statement, they shall (unless the application is the subject of a direction under section 35) within 3 weeks beginning with the date of receipt of the application, or such longer period as they may agree with the applicant in writing, notify the applicant in writing that they consider the submission of such a statement is required, giving their full reasons for their view clearly and precisely.
2
An applicant receiving a notification pursuant to paragraph (1) may within 3 weeks beginning with the date of the notification write to the authority to inform them that he —
i
accepts their view and is providing an environmental statement; or
ii
is applying in writing to the Secretary of State for his direction on the matter.
3
If the applicant does not write in accordance with paragraph (2), the permission sought shall be deemed to be refused at the end of the 3 week period; but no appeal shall lie to the Secretary of State by virtue of section 36 or 37 .
The deemed refusal shall be treated as a decision of the authority for the purposes of article 21(2)(c) of the General Development Order.
4
Except where the Secretary of State gives a direction to the effect that regulation 4 does not apply, an authority which has given a notification in accordance with paragraph (1) shall determine the relevant application only by refusing planning permission if the applicant does not submit an environmental statement and comply with regulation 13(5).
5
A person applying to the Secretary of State for a direction pursuant to paragraph (2) shall send with his application copies of —
a
his application for planning permission;
b
all documents sent to the authority as part of the application; and
c
all correspondence with the authority relating to the development proposed,
and paragraphs (3) to (5) of regulation 6 shall apply in relation to the application.
Application referred to the Secretary of State without an environmental statement
10
1
Where it appears to the Secretary of State that an application for planning permission which has been referred to him for determination is a Schedule 1 or a Schedule 2 application, and it is not accompanied by an environmental statement, he shall within 3 weeks beginning with the date he received the application, or such longer period as he may reasonably require, notify the applicant in writing that the submission of an environmental statement is required, giving his full reasons for his view clearly and precisely.
2
An applicant receiving a notification pursuant to paragraph (1) may within 3 weeks beginning with the date of the notification write to the Secretary of State to inform him that he proposes to provide an environmental statement.
3
If the applicant does not write in accordance with paragraph (2), the Secretary of State shall be under no duty to deal with the application: and at the end of the 3 week period he shall inform the applicant in writing that no further action is being taken on the application.
4
Where the Secretary of State has given a notification in accordance with paragraph (1), he shall determine the relevant application only by refusing planning permission if the applicant does not submit an environmental statement and comply with regulation 13(5).
5
The Secretary of State shall send a copy of any notification under paragraph (1) to the local planning authority.
Appeal to the Secretary of State without an environmental statement
11
1
Where the Secretary of State on consideration of an appeal under section 36 forms the view that the relevant application is a Schedule 1 or a Schedule 2 application, and the documents sent to him for the purposes of the appeal do not include a copy of an environmental statement, regulation 10 shall apply subject to any necessary modifications.
2
Where an inspector is dealing with an appeal and any question arises as to whether the relevant application is a Schedule 1 or a Schedule 2 application and it appears to the inspector that it may be such an application and no environmental statement has been submitted, the inspector shall refer the matter to the Secretary of State.
3
Where a question is referred pursuant to paragraph (2), the Secretary of State shall direct whether or not the application is a Schedule 1 or Schedule 2 application; and the inspector shall not determine the appeal, except by refusing planning permission, before he receives a direction.
4
Where the Secretary of State directs as aforesaid, he shall forthwith send copies of the direction to the appellant, the local planning authority and the inspector, and to any other person he considers desirable, and where he directs that the application is a Schedule 1 or Schedule 2 application he shall at the same time send those persons a written statement giving his full reasons for his conclusions clearly and precisely.
5
Where the Secretary of State directs that the application is a Schedule 1 or Schedule 2 application, the appellant may within 3 weeks beginning with the date of the direction write to the Secretary of State to inform him that he proposes to provide an environmental statement.
6
If the appellant does not write in accordance with paragraph (5), the inspector shall be under no duty to deal with the appeal; and at the end of the 3 week period he shall inform the appellant that no further action is being taken on the appeal.
7
Where the Secretary of State has directed that the relevant application is a Schedule 1 or Schedule 2 application, the inspector shall determine the appeal only by refusing planning permission if the appellant does not submit an environmental statement and comply with regulation 13(5).
Publicity where a planning application is accompanied by an environmental statement
12
1
Section 26 (publication of notices of an application) shall apply to development which is the subject of a Schedule 1 or Schedule 2 application accompanied by an environmental statement as it applies to a class of development prescribed for the purposes of that section, but subject to the following provisions of this regulation.
2
The notice mentioned in section 26(2)(a) or required by section 26(3) shall, in addition to complying with the requirements set out in section 26(6) and the General Development Order, state —
a
that a copy of the environmental statement is included in documents which will be open to inspection by the public;
b
an address in the locality in which the land is situated at which copies of the environmental statement may be obtained;
c
that copies may be obtained there so long as stocks last; and
d
if a charge is to be made for a copy, the amount of the charge.
3
For the purposes of section 26, the requirements of paragraph (2) shall be regarded as requirements of section 26(6); and references to the relevant form of notice prescribed by a development order shall be read as references to a form which also provides the information mentioned in paragraph (2).
4
Where section 26 applies by virtue of this regulation, that section shall not otherwise apply.
Publicity where an environmental statement is submitted in course of planning procedures
13
1
Where a Schedule 1 or a Schedule 2 application has been made without an environmental statement and the applicant proposes to submit one, he shall before submitting it, comply with paragraphs (2) to (5).
2
The applicant shall publish in a local newspaper circulating in the locality in which the land is situated (hereinafter referred to as “the locality”) a notice stating —
a
his name and that he is the applicant for planning permission and the name and address of the local planning authority;
b
the date on which the application was made and, if it be the case, that it has been referred to the Secretary of State for determination or is the subject of an appeal to him;
c
the address or location and the nature of the proposed development;
d
that a copy of the application and of the plans and other documents submitted with it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;
e
an address in the locality at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 20 days later than the date on which the notice is published);
f
an address in the locality (whether or not the same as that given pursuant to sub-paragraph (e)) at which copies of the environmental statement may be obtained;
g
that copies may be obtained there so long as stocks last;
h
if a charge is to be made for a copy, the amount of the charge; and
i
that any person wishing to make representations about the application should make them in writing, before the date named in accordance with sub-paragraph (e), to the local planning authority or (in the case of an application referred to the Secretary of State or an appeal) to the Secretary of State.
3
The applicant shall, unless he has not, and was not reasonably able to acquire, such rights as would enable him to do so, post on the land a notice containing the information specified in paragraph (2), except that the date named as the latest date on which the documents will be available for inspection shall be not less than 20 days later than the date on which the notice is first posted.
4
The notice mentioned in paragraph (3) must —
a
be left in position for not less than 7 days in the month immediately preceding the date of the submission of the environmental statement; and
b
be affixed firmly to some object on the land and sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land.
5
The environmental statement, when submitted, shall be accompanied by —
a
a copy of the notice mentioned in paragraph (2) certified by or on behalf of the applicant as having been published in a named newspaper on a date specified in the certificate; and
b
a certificate by or on behalf of the applicant which states either —
i
that he has posted a notice on the land in compliance with this regulation and when he did so, and that the notice was left in position for not less than 7 days in the month immediately preceding the date of the submission of the statement, or that, without any fault or intention on his part, it was removed, obscured or defaced before 7 days had elapsed and he took reasonable steps for its protection or replacement, specifying the steps taken; or
ii
that the applicant was unable to comply with paragraphs (3) and (4) above because he did not have the necessary rights to do so; that he has taken such reasonable steps as are open to him to acquire those rights; and has been unable to do so, specifying the steps taken.
6
Where an applicant proposes to provide an environmental statement in the circumstances mentioned in paragraph (1), the local planning authority, the Secretary of State or the inspector, as the case may be, shall (unless disposed to refuse the permission sought) suspend consideration of the application or appeal until receipt of the statement and the other documents mentioned in paragraph (5); and shall not determine it during the period of 21 days beginning with the date of receipt of the statement and the other documents so mentioned.
7
If any person issues a certificate which purports to comply with the requirements of paragraph (5)(b) and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
The reference in paragraph (7) to a fine not exceeding level 3 on the standard scale shall be construed in accordance with section 37 (standard scale of fines for summary offences) of the Criminal Justice Act 1982.
9
Where it is proposed to submit an environmental statement in connection with an appeal, this regulation applies with the substitution, except in paragraph 2(a), of references to the appellant for references to the applicant.
Procedure where the planning authority receive an environmental statement
14
1
When an applicant making a Schedule 1 or Schedule 2 application submits an environmental statement to the local planning authority he shall provide the authority with an additional copy of the statement for transmission to the Secretary of State and, if at the same time he serves a copy of the statement or of a part of it on any other body, he shall —
a
serve with it a copy of the application and any plan submitted with it (unless he has already served these documents on the body in question);
b
inform the body that representations may be made to the local planning authority;
c
inform the authority of the name of every body whom he has so served, of the date of service and, where he has not served a copy of the whole of the statement, of the part of which a copy was served.
2
When a local planning authority receive an environmental statement in connection with a Schedule 1 or Schedule 2 application the authority shall —
a
take steps to secure that a copy of the statement is placed on Part I of the register with the application;
b
send to the Secretary of State a copy of the statement, of the relevant application and of any documents submitted with the application;
c
advise any body mentioned in regulation 8(5) on whom the applicant has not served a copy of the statement or a part of it, that a statement will be taken into consideration in determining the application, elicit whether they wish to receive a copy of the statement or any part of it and inform them that they may make representations;
d
inform the applicant of the copies required by those bodies and of the names and addresses of the bodies concerned and enquire of him whether he proposes to serve the required copy on each of those bodies or send the required copies to the authority for service;
e
serve on the relevant body any copy sent to them by the applicant for service.
3
The applicant shall inform the authority which of the courses mentioned in paragraph 2(d) he proposes to follow and shall serve copies of the environmental statement or a part of it on each body on whom he has said he will serve a copy or send the necessary copies to the authority, as the case may be. Where the applicant elects to send copies to the bodies directly he shall inform the authority as mentioned in paragraph (1)(c).
4
The local planning authority shall not determine the application until the expiry of 14 days from the last date on which a copy of the environmental statement or a part of it was served in accordance with this regulation.
Procedure where the Secretary of State receives an environmental statement
15
1
This regulation applies where an applicant submits to the Secretary of State an environmental statement relating to a Schedule 1 or Schedule 2 application which is before the Secretary of State for determination or is the subject of an appeal to him.
2
The applicant shall submit two copies of the statement to the Secretary of State who shall transmit one copy to the local planning authority.
3
The local planning authority shall take steps to secure that the copy so transmitted is placed on the register.
4
If at the same time as he submits a statement to the Secretary of State the applicant serves a copy of it or a part of it on any other body, the applicant shall comply with regulation 14(1)(a) and (b) and inform the Secretary of State of the matters mentioned in regulation 14(1)(c).
5
The Secretary of State shall comply with regulation 14(2)(c) to (e) and the applicant with regulation 14(3) as if —
a
references in any of those provisions and regulation 8(6) to the local planning authority were references to the Secretary of State; and
b
regulation 8(5)(a) referred to such bodies as the Secretary of State considers would be required to be consulted by or under article 15 of the General Development Order if the matter were before the local planning authority;
and the Secretary of State or the inspector shall comply with regulation 14(4) as if it referred to him instead of to the local planning authority.
6
Where an application is deemed to be referred to the Secretary of State under regulation 7 (applications by local planning authorities) of the General Regulations, paragraph (2) above shall only require the submission of a single copy of the environmental statement.
7
In this regulation, references to the applicant include references to an appellant.
Extension of the period for an authority’s decision on a planning application
16
1
In determining for the purposes of section 37 (appeal in default of planning decision) the time which has elapsed without the local planning authority giving notice to the applicant of their decision in a case where —
a
the authority have notified an applicant in accordance with regulation 9(1) that the submission of an environmental statement is required; and
b
the Secretary of State has given a direction in the matter,
no account shall be taken of any period before the issue of the direction.
2
Where it falls to an authority determining an application for planning permission to take environmental information into consideration, article 7 of the General Development Order shall have effect as if —
a
there were substituted for the reference in paragraph (6) thereof to a period of 8 weeks, a reference to a period of 16 weeks; and
b
there were included in paragraph (6A)(a) and (b) thereof references to the environmental statement and the documents required by virtue of regulation 12 or 13 to accompany it.
Obtaining of planning permission by local authorities
17
1
Where this paragraph applies an authority shall not —
i
pass a resolution pursuant to regulation 4(1) or 5(2) of the General Regulations without first preparing an environmental statement in respect of the proposed development; or
ii
pass a resolution pursuant to regulation 4(5) thereof or that regulation as applied by regulation 5(4) thereof without first taking the environmental information into consideration.
2
Paragraph (1) applies where a resolution is passed pursuant to regulation 4(1) or 5(2) of the General Regulations on or after 15th July 1988 and an application for planning permission for the relevant development would be a Schedule 1 or Schedule 2 application.
3
An authority may request the Secretary of State in writing for a direction as to whether proposed development in relation to which they are minded to pass such a resolution as is mentioned in paragraph (1) is development in relation to which that paragraph applies. Any such application shall be accompanied by —
i
a plan sufficient to identify the land; and
ii
a brief description of the nature and purpose of the proposed development.
4
An authority applying under paragraph (3) shall send the Secretary of State any further information he may request in writing to enable him to give a direction.
5
An authority proposing to prepare an environmental statement shall consult the bodies mentioned in regulation 8(5).
6
Regulation 22 (and 20(2)) shall apply to any body consulted under paragraph (5) as it applies where that body is notified pursuant to regulation 8(4)(a): but with the substitution of references to the consulting authority for references to the applicant.
7
Where an authority pass a resolution pursuant to regulation 4(1) or 5(2) of the General Regulations in a case where paragraph (1) applies, regulation 4(2)(b) thereof shall apply (whether or not it would otherwise apply) with the additional requirement that the notice shall —
i
state that an environmental statement has been prepared;
ii
name an address at which a copy of it may be inspected; and
iii
state that copies of the statement may be obtained, for so long as stocks last, at that address and, if a charge is to be made for a copy, the amount of the charge.
8
An authority passing such a resolution as is mentioned in paragraph (1)(i) shall take steps to secure that a copy of any relevant environmental statement is placed on Part I of the register with the copy of the resolution.
9
When they publicise their proposals in accordance with paragraph (7) an authority shall also —
i
send a copy of the relevant resolution and the environmental statement to the Secretary of State;
ii
supply to any body consulted pursuant to paragraph (5) which requests a copy of the statement or of any part of it, the copy requested and inform the body that it may make representations;
iii
ensure that a reasonable number of copies of the statement are available at the address named in the notice referred to in paragraph (7),
and shall not pass a resolution pursuant to regulation 4(5) or 5(4) of the General Regulations in relation to the proposed development until the expiry of 14 days from the date on which any body was last supplied with any document under subparagraph (ii).
10
Without prejudice to paragraph (1), an authority shall comply with the procedures set out in this regulation in any case where the Secretary of State gives a direction to the effect that environmental information is required to be taken into consideration before planning permission can be deemed to be granted by regulation 4(5) or 5(4).
Availability of copies of an environmental statement
18
An applicant for planning permission or an appellant who submits an environmental statement in connection with his application or appeal shall ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to regulation 12 or 13 as the address at which such copies may be obtained.
Provision of a copy of an environmental statement for the Secretary of State
19
Where an applicant for planning permission has submitted an environmental statement in connection with his application and the application —
a
is directed to be referred to the Secretary of State under section 35; or
b
occasions an appeal under section 36,
the applicant shall supply the Secretary of State with a copy of the statement unless, in the case of a referred application, the local planning authority have done so when referring the application to him.
Charges
20
1
A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of an environmental statement made available in accordance with regulation 17(9)(iii) or 18 and for any copy, in excess of one, of the whole or part of a statement supplied to a body pursuant to regulation 14, 15 or 17(9)(ii).
2
A reasonable charge reflecting the cost of making the relevant information available may be made by a body supplying in accordance with regulation 22(1) information sought by an applicant or appellant.
Further information and evidence respecting environmental statements
21
1
The local planning authority or the Secretary of State or an inspector, when dealing with an application or appeal in relation to which an environmental statement has been provided, may in writing require the applicant or appellant to provide such further information as may be specified concerning any matter which is required to be, or may be, dealt with in the statement; and where in the opinion of the authority or the Secretary of State or the inspector —
a
the applicant or appellant could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in paragraph 3 of Schedule 3; and
b
that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,
they or he shall notify the applicant or appellant in writing accordingly, and the applicant or appellant shall provide that further information.
2
The local planning authority or the Secretary of State or an inspector may in writing require an applicant or appellant to produce such evidence as they may reasonably call for to verify any information in his environmental statement.
Provision of information
22
1
Subject to paragraph (2), the local planning authority and any body notified in accordance with these Regulations that a person has made or is proposing to make a Schedule 1 or Schedule 2 application, shall, if requested by the applicant (or prospective applicant) or may without such a request, enter into consultation with him to determine whether the body has in its possession any information which he or they consider relevant to the preparation of an environmental statement and, if they have, the body shall make any such information available to him.
2
Paragraph (1) shall not require the disclosure by a body of confidential information.
Duty to inform the Secretary of State
23
Where after environmental information has been taken into consideration a local planning authority —
i
determine an application for planning permission; or
ii
pass a resolution whereby planning permission is by regulation 4 or 5 of the General Regulations deemed to be granted for the development to which the information relates; or
iii
decide not to pass such a resolution,
the authority shall inform the Secretary of State of the decision taken or of the resolution passed and furnish him with particulars of any conditions subject to which any planning permission was granted or deemed to be granted.
Service of notices etc.
24
Any notice or other document to be sent, served or given under these Regulations may be served or given in a manner specified in section 283(1).
Application to the High Court
25
For the purposes of Part XII of the Act (validity of certain decisions), the reference in section 245 to action of the Secretary of State which is not within the powers of the Act shall be taken to extend to a grant of planning permission in contravention of regulation 4 of these Regulations.
Isles of Scilly
26
In their application to the Isles of Scilly —
a
regulations 12 and 13 shall not be taken to require the publication of a notice in a local newspaper; and
b
regulation 17(7) shall not require the publication of a notice in a local newspaper, but shall require the display on or near the land for not less than 7 days of a notice describing the development proposed, giving the information respecting the environmental statement that is mentioned in that regulation and stating that any objection to the proposed development should be made to the authority in writing within such period (not being less than 21 days) as may be specified in the notice.
Nicholas Ridley
Secretary of State for the Environment
12th July 1988
Peter Walker
Secretary of State for Wales
12th July 1988


text:
Citation, Commencement and Introduction
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1988 and shall come into force on 12th July 1988.
2
1
The Road Vehicles (Construction and Use) Regulations 1986 hereinafter “the principal Regulations” shall be further amended in accordance with regulation 3.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 3 of these Regulations (being provisions which vary the requirements as regards the construction of certain classes of vehicles) shall apply as from 12th July 1988 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
3
The principal Regulations shall have effect as if the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1988 had never been made.
4
The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1988 are hereby revoked.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
8th July 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1988 and shall come into force on 27th May 1988.
2
In these Regulations —
“the approved list” means the list described in regulation 4 of the principal Regulations ;
“the principal Regulations” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 .
Amendments to the principal Regulations
2
1
Paragraphs (1) and (2) of regulation 16 of the principal Regulations are hereby revoked.
2
The principal Regulations shall be amended in accordance with Schedule 1 to these Regulations.
3
Regulation 4 of the principal Regulations as it will have effect after the coming into force of paragraph (2) of this regulation is set out in Schedule 2 to these Regulations.
Transitional provision
3
1
Subject to the following paragraphs of this regulation, where the Health and Safety Commission has approved a revision to the approved list to which this paragraph relates, that revision shall not come into effect for the purposes of the principal Regulations until 27th November 1988 but until that date a supplier or consignor may classify and label a substance to which the revision relates in accordance with that revision.
2
Paragraph (1) of this regulation shall relate to the revisions to the approved list introduced by the document approved by the Health and Safety Commission on 9th February 1988 entitled “Information approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition)” and there set out in Part VII.
3
Until 27th May 1989 in any proceedings for an offence under the principal Regulations consisting of supplying or conveying by road a dangerous substance in a receptacle or package, with a capacity of 25 litres or less, which does not comply with the requirements of those Regulations, it shall be a defence for the person charged to prove —
a
that if the substance had been supplied or, as the case may be, had been conveyed by road before 27th May 1988 no offence would have been committed;
b
that the substance was packaged and labelled before 27th May 1988 and had not been removed from the receptacle or the package, as the case may be, after that date; and
c
that it was not reasonably practicable either —
i
to relabel or repackage the substance before it was supplied, or conveyed by road, or
ii
to supply it or convey it by road on a date earlier than it was in fact supplied or conveyed by road.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
21st April 1988
John Butcher
Parliamentary Under Secretary of State,
Department of Trade and Industry
21st April 1988
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
21st April 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Amendment Regulations 1988 and shall come into force on 6th April 1988.
Amendment of regulation 2 of the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978
2
1
Regulation 2 of the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978 (preclusion from regular employment for the purposes of paragraph 5(6) of Schedule 3 to the Social Security Act 1975) shall be further amended in accordance with the following provisions of this regulation.
2
Except in relation to a tax year ending before 6th April 1988, the following paragraphs shall be substituted for paragraphs (1) and (2) —
1
For the purpose of paragraph 5(6) of Schedule 3 to the Act a person shall, subject to paragraph (4) below, be precluded from regular employment by responsibilities at home in any year —
a
throughout which he satisfies any of the conditions specified in paragraph (2) below;
b
in which he satisfies, for at least 48 weeks in that year, the conditions specified in paragraph (2A) below, or
c
throughout which he satisfies, for part of the year, any of the conditions specified in paragraph (2) below and for the remainder of the year the conditions specified in paragraph (2A) below.
2
The conditions referred to in paragraph (1)(a) and (c) above are —
a
that child benefit, awarded to him under the Child Benefit Act 1975 , was payable in respect of a child under the age of 16;
b
that —
i
as a person to whom paragraph 4 of Schedule 1 to the Income Support (General) Regulations 1987 applies he is not required to be available for employment, and
ii
income support is payable to him.
2A
The conditions referred to in paragraph (1)(b) and (c) above are that he was engaged in caring for a person in respect of whom there was payable any of the benefits specified in paragraph (3) below and was regularly so engaged for at least 35 hours per week.
2B
In respect of any day falling before 11th April 1988 in the 1988 — 1989 tax year, the following provisions shall be substituted for paragraph (2)(b) above —
b
that a supplementary allowance under the Supplementary Benefits Act 1976 was payable to him, he being a person who by reason of his being engaged in caring for an elderly or incapacitated person was excepted, under regulation 6 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1981 from the requirement to register for employment as a condition of his right to that allowance
.
.
3
In paragraph (3) for the words “paragraph (2)(b) above” there shall be substituted the words “paragraph (2A) above”.
Signed by Authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,Department of Health and Social Security
25th March 1988


text:
1
The London-Carlisle-Glasgow-Inverness Trunk Road (Barton-in-the-Clay Diversion) Order, 1937 is hereby revoked.
2
This Order shall come into force on 7th March 1988 and may be cited as the London-Carlisle-Glasgow-Inverness Trunk Road (Barton-in-the-Clay Diversion) (Revocation) Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
12th February 1988


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.3) (Shorthand Writers' Fees) 1988 and shall come into force on 18th July 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Chapter IV of the Table of Fees in rule 347 of the Rules of the Court of Session , in the paragraphs specified in column 1 of the following table, for the figures specified in column 2, substitute the figures specified in column 3 of that table: —
TABLE
Column 1 Column 2 Column 3 (Old fees) (New fees)
1 £30.12 £31.63 1 £12.48 £13.10 2 £ 2.66 £ 2.79 2 £ 3.20 £ 3.36 5 £ 0.21 £ 0.22
Emslie
Lord President, IPD
Edinburgh
9th June 1988


text:
Citation and commencement
1
These Regulations may be cited as the Control of Industrial Major Accident Hazards (Amendment) Regulations 1988, and shall come into force on 21st September 1988.
Interpretation
2
In these Regulations “the principal Regulations ” means the Control of Industrial Major Accident Hazards Regulations 1984( ).
Amendments
3
Schedules 2, 3 and 4 to the principal Regulations shall be amended in accordance with Parts I, II and III respectively of Schedule 1 to these Regulations.
Application of the principal Regulations
4
Where an industrial activity becomes subject to regulations 7 to 12 of the principal Regulations in consequence of an amendment made by regulation 3 above, then in relation to that activity the principal Regulations shall have effect subject to the modifications specified in Schedule 2 to these Regulations.
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
16th August 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 5 Regulations 1988 and shall come into force as follows —
a
for the purposes of this regulation and regulations 2(b), 3 to 15, 17(b), 18 and 20 to 23, 12th December 1988;
b
for the purposes of regulations 2(a), 16, 17(a) and 19, 10th April 1989.
2
In these Regulations“the General Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) —
a
after the definition of“benefit week”, there shall be inserted the following definition —
“board and lodging accommodation” means —
a
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or
b
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;
;
b
for the definition of“polygamous marriage” there shall be substituted the following definition —
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
.
Amendment of regulation 5 of the General Regulations
3
In regulation 5(5) of the General Regulations (persons treated as engaged in remunerative work) for the word“payable” there shall be substituted the word“paid”.
Amendment of regulation 19 of the General Regulations
4
In regulation 19(3) of the General Regulations (applicable amounts for persons in residential care and nursing homes), in the definition of“residential care home”, after the words“personal care by reason of” there shall be inserted the word“old”.
Omission of regulation 24 of the General Regulations
5
Regulation 24 of the General Regulations (treatment of charitable or voluntary payments) shall be omitted.
Amendment of regulation 28 of the General Regulations
6
In regulation 28(2) of the General Regulations (calculation of income) the reference“24 and” and the words“treatment of charitable or voluntary payments,” shall be omitted.
Amendment of regulation 29 of the General Regulations
7
In regulation 29 of the General Regulations (calculation of earnings derived from employed earner’s employment and income other than earnings) —
a
in paragraph (1) the words“Except where regulation 33 applies (weekly amount of charitable or voluntary payment)” shall be omitted;
b
in paragraph (2) for the reference“paragraph (3)” there shall be substituted the reference“paragraphs (3) and (4A)”;
c
after paragraph (4) there shall be inserted the following paragraph —
4A
Where earnings to which regulation 35(1)(b) to (d) (earnings of employed earners) applies are paid in respect of part of a day, those earnings shall be taken into account over a period equal to a day.
.
Omission of regulation 33 of the General Regulations
8
Regulation 33 of the General Regulations (weekly amount of charitable or voluntary payment) shall be omitted.
Amendment of regulation 40 of the General Regulations
9
In regulation 40(1) of the General Regulations (calculation of income other than earnings) the reference“24(3),” and the words“treatment of charitable and voluntary payments,” shall be omitted.
Amendment of regulation 46 of the General Regulations
10
In regulation 46(1) of the General Regulations (calculation of capital), for the words beginning“regulations 24(2) and 48” to the end there shall be substituted the words“regulation 48 (income treated as capital).”.
Amendment of regulation 48 of the General Regulations
11
In regulation 48 of the General Regulations (income treated as capital) —
a
in paragraph (4), for the reference“or 12” there shall be substituted the reference“12 or 25 to 28”; and
b
after paragraph (8) there shall be added the following paragraphs —
9
Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.
10
This paragraph applies to a payment —
a
which is made to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work) or to a member of the family of such a person;
b
to which regulation 44(2) (modification in respect of children and young persons) applies; or
c
which is made under the Macfarlane Trust or the Independent Living Fund.
.
Amendment of regulation 51 of the General Regulations
12
In regulation 51(1) of the General Regulations (notional capital) 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.”.
Amendment of regulation 53 of the General Regulations
13
In regulation 53(3) of the General Regulations (calculation of tariff income from capital) the reference“24(2),” and the words“charitable or voluntary payments,” shall be omitted.
Amendment of regulation 61 of the General Regulations
14
In regulation 61 of the General Regulations (interpretation) in the definition of“education authority” after the words“Education (Scotland) Act” there shall be inserted“1980”.
Amendment of regulation 72 of the General Regulations
15
In regulation 72 of the General Regulations (assessment of income and capital in urgent cases) —
a
in paragraph (1)(a), after the words“Independent Living Fund” there shall be inserted the words“or income to which paragraph 5, 40, 42, or 44 of Schedule 9 (disregard of income other than earnings) applies”;
b
in paragraph (1)(c) for the words“regulations 24(1) and (2) (treatment of charitable or voluntary payments) and 48(1), (2) and (3)” there shall be substituted the words“regulation 48(1), (2), (3) and (9)”;
c
in paragraph (2), for the words“and 7, 9(b) and 31 of Schedule 10” there shall be substituted the words“and, except to the extent that the arrears referred to in paragraph 7 consist of arrears of housing benefit payable under Part II of the Act or Part II of the Social Security and Housing Benefits Act 1982 , 7, 9(b), 19, 30 and 32 of Schedule 10”.
Amendment of Schedule 1 to the General Regulations
16
In Schedule 1 to the General Regulations (persons not required to be available for employment) —
a
for paragraph 5 there shall be substituted the following paragraph —
5
A person who provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined that that person is not incapable of work, or a person who is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982.
;
b
in paragraph 13 for the words“who is within 10 years of attaining pensionable age and” there shall be substituted the words“aged not less than 50 who”;
c
in paragraph 22 for the word“abroad” there shall be substituted the words“not present in the United Kingdom”.
Amendment of Schedule 2 to the General Regulations
17
In Schedule 2 to the General Regulations (applicable amounts), in paragraph 12 —
a
for head (b) of sub-paragraph (1) there shall be substituted the following —
b
the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within paragraph 5 of Schedule 1 or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;
;
b
after sub-paragraph (4) there shall be added the following sub-paragraph —
5
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 .
.
Amendment of Schedule 3 to the General Regulations
18
In Schedule 3 to the General Regulations (housing costs) —
a
in paragraph 1 there shall be inserted after sub-paragraph (a) the following sub-paragraph —
aa
interest payments under a hire purchase agreement to buy the dwelling occupied as a home;
;
b
in paragraph 7(3) for the reference“(4) to (6)” there shall be substituted the reference“(3A) to (6)”;
c
after paragraph 7(3) there shall be added the following sub-paragraph —
3A
For the purpose of this paragraph any reference to a loan includes a reference to payments specified in paragraph 1(aa).
;
d
in paragraph 7(4), after the words“Subject to sub-paragraphs” there shall be inserted the reference“(3A),”;
e
in paragraph 7(5), (6) and (7), for the reference“sub-paragraph (3)” in each place it occurs there shall be substituted the words“sub-paragraphs (3) and (3A)”;
f
in paragraph 8(4), for the reference“or 20” there shall be substituted the reference“, 20 or 22 to 34”.
Amendment of Schedule 3A to the General Regulations
19
In Schedule 3A to the General Regulations (protected sum) —
a
in paragraph 1(1), in the definition of“eligible housing benefit”, for the reference“10th April, 1989” there shall be substituted the words“10th April, 1989 which relates to the board and lodging accommodation normally occupied as the home by him or, if he has a partner, by him and his partner;”;
b
in paragraph 1(2)(b) at the beginning there shall be inserted the words“except in so far as it relates to any temporary absence to which paragraph 7(7) refers,”;
c
in paragraph 3 at the end there shall be added the following sub-paragraphs —
2
A protected sum shall not be applicable to a claimant where he, or any partner of his, has not made or is not treated as having made, a claim for housing benefit under regulation 72 of the Housing Benefit (General) Regulations 1987 (time and manner in which claims are to be made) for the period of 7 consecutive days beginning 10th April 1989 in respect of the board and lodging accommodation normally occupied as the home by him, or if he has a partner, by him and his partner.
3
Subject to paragraph 7, a protected sum shall not be applicable to a claimant where he changes or vacates his accommodation during the period of 7 consecutive days beginning 10th April 1989.
;
d
in paragraph 6(b) for the word“leaves” there shall be substituted the word“vacates”;
e
in paragraph 7(1)(b)(i) after the words“by reason of” there shall be inserted the words“old age,”;
f
in paragraph 7(4)(c), for the reference“(i) and (iii)” there shall be substituted the reference“(i) to (iii)”;
g
for paragraph 7(7) there shall be substituted the following —
7
Where a protected person or any partner of his is temporarily absent from his accommodation for a period not exceeding 13 weeks which includes the first week, on the protected person’s or, as the case may be, his partner’s return to that accommodation he shall be entitled to a protected sum equal to the difference between —
a
the amount which would have fallen to be calculated under regulation 20 as his applicable amount for the first week if he or, as the case may be, his partner had been living in that accommodation, without regard to any temporary absence, and any eligible housing benefit for the period beginning 3rd April 1989; and, if less,
b
either —
i
if the full charge is made for the accommodation during the temporary absence, his applicable amount in the first complete week after he or, as the case may be, his partner has returned to the accommodation and any eligible housing benefit for the period beginning 10th April 1989, or
ii
if no charge or a reduced charge is made for the accommodation during the temporary absence, his applicable amount in the first week after he or, as the case may be, his partner has returned to the accommodation and the amount of any housing benefit in respect of that accommodation to which he or his partner was entitled in the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence) or, as the case may be, regulation 68(2) of those Regulations (date on which change of circumstances is to take effect) following his return to the accommodation.
.
Amendment of Schedule 4 to the General Regulations
20
In Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes) —
a
in paragraph 5(1)(b)(ii) for the words“the appropriate amount” there shall be substituted the words“an amount which would be the appropriate amount” and at the end there shall be added the words“if the other member were the claimant.”;
b
in paragraph 6(2) for head (a) there shall be substituted the following —
a
he is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act (welfare services) or, in Scotland has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
.
Amendment of Schedule 7 to the General Regulations
21
In Schedule 7 to the General Regulations (applicable amounts in special cases) —
a
in column (2) for paragraph 1(d)(ii) there shall be substituted the following —
ii
the applicable amount shall be £8.25 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f) or (g), or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.
;
b
in column (2) for paragraph 10A there shall be substituted the following paragraph —
10A
£41.15 of which £32.90 is in respect of the cost of the accommodation and £8.25 for personal expenses plus any amounts applicable under regulation 17(1)(e) or (f)
;
c
after paragraph 10B there shall be inserted the following paragraph —
Lone parents who are in residential accommodation temporarily
10C
A claimant who is a lone parent who has entered residential accommodation temporarily.
£41.15 of which £32.90 is in respect of accommodation and £8.25 for personal expenses plus a personal allowance in respect of each child for whom he is responsible calculated under regulation 17, 20 or 21, as appropriate, plus any amount which is applicable in his case under regulation 17(1)(c), (e) or (f), or (d) in so far as it relates to lone parent premium under paragraph 8 of Schedule 2.
.
Amendment of Schedule 9 to the General Regulations
22
In Schedule 9 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 40 there shall be added the following paragraphs —
41
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.
42
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 .
43
Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
44
Any housing benefit in the form of a community charge rebate.
.
Amendment of Schedule 10 to the General Regulations
23
In Schedule 10 to the General Regulations (capital to be disregarded) —
a
for paragraph 27 there shall be substituted the following paragraph —
27
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 earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
;
b
after paragraph 31 there shall be added the following paragraphs —
32
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.
33
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.
34
Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
35
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
21st November 1988


text:
Citation and interpretation
1
1
This Order may be cited as the Children and Young Persons (Amendment) Act 1986 (Commencement No. 2) Order 1988.
2
In this Order “ the Act ” means the Children and Young Persons (Amendment) Act 1986.
Day specified for the coming into force of section 1 of the Act
2
Section 1 of the Act (Regulations as to accommodation of children in care) shall come into force on 1st June 1989.
Signed by authority of the Secretary of State for Health.
D Mellor
Minister of State,
Department of Health
12th December 1988