text:
1
The London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Order 1986 is hereby varied as follows: —
a
in Article 4, in paragraph (2), for the definition of “the deposited plan” there is substituted the following definition
“the deposited plan” means the plan folio numbered HA 10/2E/239 containing three site plans bound together and numbered 1 to 3 inclusive, marked “The London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Order 1988” as amended in respect of site plan 1 by the plan folio numbered HA 10/2E/256 containing one site plan, marked “The London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Variation 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;
; and
b
in Schedule 1, for “4.77” there is substituted “4.745” and for “40” there is substituted “65”.
2
This Order shall come into force on 3rd November 1988 and may be cited as the London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Variation Order 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
26th October 1988


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Scheme may be cited as the Agriculture Improvement (Variation) (No. 2) Scheme 1988 and shall come into force on 17th November 1988.
Variation of the Agriculture Improvement Scheme 1985
2
The Agriculture Improvement Scheme 1985 (hereinafter called “the principal Scheme”) shall be varied in accordance with paragraphs 3 to 8 below.
3
In paragraph 3(1) thereof (payment of grants) there shall be substituted for paragraph (a) the following paragraph —
a
has been incurred —
i
on or after 1st October 1985 in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 8 and 10 in column 1 of Schedule 1 or, in relation to Scotland only, paragraph 9 in column 1 of Schedule 1;
ii
on or after 17th November 1988 in relation to the Isles of Scilly only in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 1A;
.
4
In paragraph 4(2) thereof (restrictions on payment of grant) there shall be inserted at the end the words “or, in the case of the Isles of Scilly only, has been incurred in relation to any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 1A”.
5
In paragraph 5 thereof (amounts of grant) —
a
in sub-paragraph (2) there shall be inserted after the words “In the case of any” the word “such”;
b
after sub-paragraph (4) there shall be inserted the following sub-paragraph —
4A
Subject to the provisions of paragraphs 8 and 9, the amount of any grant payable under paragraph 3(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 1A shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
.
6
In paragraph 7 thereof (closing dates for claims) —
a
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bA
any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 1A unless the claim for grant is received by him on or before 16th November 1994;
;
b
in sub-paragraph (c) for the words “sub-paragraph (a) or (b)” there shall be substituted the words “sub-paragraph (a), (b) or (bA)”.
7
After paragraph 7 thereof there shall be inserted the following paragraph —
7A
The appropriate Minister shall not pay grant under this Scheme in relation to any expenditure incurred on or after 17th November 1993 in respect of any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 1A.
.
8
The Schedule to this Scheme shall be inserted after Schedule 1 to the principal Scheme as Schedule 1A thereto.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th November 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
9th November 1988
Peter Walker
Secretary of State for Wales
11th November 1988
We approve,
David Maclean
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
14th November 1988


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 1988 and shall come into force on 12th July 1988.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
20th June 1988


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Breckland and Suffolk River Valleys) Designation (Amendment) Order 1988 and shall come into force on 20th October 1988.
Amendment of principal Orders
2
1
The Environmentally Sensitive Areas (Breckland) Designation Order shall be amended in accordance with paragraph 2 below.
2
In the first sentence of Schedule 2 (Requirements for arable land which is to revert to heathland or dry grassland), Schedule 4 (Requirements relating to uncropped wildlife strips) and Schedule 5 (Requirements relating to conservation headlands), the words “in rotation” shall be deleted.
3
1
The Environmentally Sensitive Areas (Suffolk River Valleys) Designation Order shall be amended in accordance with paragraph 2 below.
2
In the first sentence of Schedule 3 (Reversion to grassland) the words “in rotation” shall be deleted.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th September 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
We consent,
Alan Howarth
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
21st September 1988


text:
1
This Order may be cited as the Agricultural Levy Reliefs (Frozen Beef and Veal) Order 1988 and shall come into force on 11th March 1988.
2
In this Order, unless the context otherwise requires —
“the Board” means the Intervention Board for Agricultural Produce established under section 6 of the European Communities Act 1972;
“entered for home use” means entered for home use within the meaning of the Customs and Excise Management Act 1979 or regulation 13 of the Customs Warehousing Regulations 1979 ;
“international organisations established in the Economic Community” means the following: —
Delegation of the Commission of European Communities;
International Coffee Organisation;
International Labour Organisation;
International Sugar Council;
International Wheat Council;
United Nations International Children’s Emergency Fund;
United Nations Information Centre;
United Nations High Commission for Refugees;
Western European Union;
Commonwealth Secretariat;
“intervention agency” means the Board or any other agency appointed by a Member State of the Economic Community in pursuance of Article 6 of Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal;
“licence” means an import licence issued by the Board under the provisions of Council Regulation (EEC) No. 805/68 , Commission Regulation (EEC) No. 3183/80 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, and Commission Regulation (EEC) No. 2377/80 on special detailed rules for the application of the system of import and export licences in the beef and veal sector;
“local authorities” means —
in Greater London the Inner London Education Authority, the councils of London boroughs and the Common Council of the City of London,
in England and Wales outside Greater London the county and metropolitan district councils,
in Scotland the councils of islands areas and regions,
in Northern Ireland Education and Library Boards;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“the quota” means the Community quota for the levy-free importation of frozen beef and veal provided for by Council Regulation (EEC) No. 234/88 opening, allocating and providing for the administration of a Community tariff quota for frozen beef and veal falling within heading 0202 of the combined nomenclature (1988) and for products falling within subheading 0206 29 91 thereof;
“the reference period” means the period from 1st October 1985 to 30th September 1987;
“the Second Lomé Convention” means the second ACP-EEC Convention signed at Lomé on 31st October 1979 between the African, Caribbean and Pacific States of the one part and the Economic Community and its Member States of the other part as set out in Council Regulation (EEC) No. 3225/80 and extended by Council Regulations (EEC) Nos. 485/85 and 690/86 ;
“the Third Lomé Convention” means the third ACP-EEC Convention signed at Lomé on 8th December 1984 between the African, Caribbean and Pacific States of the one part and the Economic Community and its Member States of the other part as set out in Council and Commission Decision 86/125/EEC / ECSC ;
3
1
The Minister shall determine the allocation of the United Kingdom’s share of the quota.
2
The determination mentioned in paragraph (1) of this article shall be made by the Minister by allocating an amount not exceeding one third of the United Kingdom’s share to local authorities and government departments (including Northern Ireland departments) and allocating the remainder to persons established within the United Kingdom as follows: —
a
as to 70% thereof to importers of frozen beef and veal by reference to the amounts of frozen beef and veal which such importers have imported from outside the Economic Community and entered for home use during the reference period, other than amounts imported free of duty pursuant to the Second Lomé Convention or the Third Lomé Convention;
b
as to 20% thereof to exporters of fresh, chilled or frozen beef and veal by reference to the amounts of fresh, chilled or frozen beef and veal which such exporters have exported during the reference period from the United Kingdom to countries outside the Economic Community or to one of the following destinations: —
i
seagoing vessels, or aircraft serving on international routes, including routes between Member States of the Economic Community;
ii
international organisations established in the Economic Community;
iii
armed forces stationed in the territory of a Member State but not serving under its flag;
iv
drilling or extraction platforms, including workpoints providing support services for such operations, situated within the area of the European continental shelf, or within the area of the continental shelf of the non-European part of the Community, but beyond a three mile zone starting from the base line used to determine the width of the territorial sea of a Member State of the Economic Community; and
c
as to the remaining 10% thereof to purchasers of frozen beef and veal from an intervention agency by reference to the amounts of frozen beef and veal which they have purchased from that intervention agency during the reference period, other than frozen beef and veal sold by that intervention agency on condition that it should be exported from the Economic Community.
3
For the purposes of this article, the amounts of beef and veal imported, exported or purchased by a person during the reference period shall include any amounts so imported, exported or purchased during that period by any other person whose business relating to such import, export or purchase has been transferred to the first mentioned person.
4
An allocation under this article shall be made subject to such conditions as appear to the Minister to be expedient to secure the object or prevent abuse of the relief.
4
Any entitlement to relief under the United Kingdom’s share of the quota shall be subject to —
a
the production of the licence in respect of the goods on which relief is sought appropriately endorsed by the Board with a statement that the amount of frozen beef or veal appearing in the licence may be imported free of levy under the quota; and
b
the observance by the importer of any conditions subject to which the allocation was made.
5
A licence endorsed with the statement referred to in article 4(a) of this Order shall not be issued to an importer unless the Board is satisfied, after taking into account any levy-free imports of beef or veal authorised under previous licences issued to that importer, that the amount of levy-free beef or veal allocated to him in pursuance of this Order will not be exceeded by the import of beef or veal under that licence.
6
Goods shall be treated as forming part of the quota when they are entered for home use under the authority of a licence endorsed with the statement referred to in article 4(a) of this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
12th February 1988
Tom King
Secretary of State for Northern Ireland
15th February 1988
Peter Walker
Secretary of State for Wales
11th February 1988


text:
Citation, commencement, revocation and transitional provision
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 and shall come into force on 11th April 1988 in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after that date.
2
Subject to paragraph (3), the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985 are revoked.
3
Notwithstanding the revocation in paragraph (2), those Regulations shall continue to have effect as provided in those Regulations in any case in which a person first satisfies the conditions of entitlement to a payment under the Act before 11th April 1988.
Interpretation
2
1
In these Regulations unless the context otherwise requires: —
a
“the Act” means the Pneumoconiosis etc. (Workers' Compensation) Act 1979;
b
“the appropriate percentage” means, in the case of any disease, the percentage specified in section 57(1) of the Social Security Act 1975 or, if Regulations have been made under section 77 of that Act specifying a different percentage in relation to that disease, the percentage specified in the Regulations;
c
“the appropriate period” means, in the case of any disease, the period specified in section 57(4) of the 1975 Act or, if Regulations have been made under section 77 of that Act specifying a different period in relation to that disease, the period specified in the Regulations;
d
“claim” means a claim made in accordance with the Pneumoconiosis etc. (Workers' Compensation) (Determination of Claims) Regulations 1985 ;
e
“determination” as respects a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), a Silicosis Medical Board or a Medical Appeal Tribunal means a determination in connection with a claim for disablement benefit;
f
“disease” means a disease to which the Act applies, namely pneumoconiosis, byssinosis, diffuse mesothelioma, primary carcinoma of the lung and bilateral diffuse pleural thickening;
g
“extent of incapacity” means extent of incapacity, either “total” or “partial”, assessed by a Silicosis Medical Board for the purposes of determining entitlement to an allowance under a scheme made, or having effect as if made, under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 or under any corresponding provision of the former Old Cases Acts ;
h
“percentage assessment” means percentage disability assessed in respect of a disease by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, for the purpose of determining entitlement to disablement benefit under section 76 of the Social Security Act 1975 or under any corresponding provision of the former Industrial Injuries Acts ;
i
“primary carcinoma of the lung” means primary carcinoma of the lung where there is accompanying evidence of one or both of the following: —
i
asbestosis
ii
bilateral diffuse pleural thickening;
j
“Secretary of State” means the Secretary of State for Employment.
2
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations and any reference to the Schedule shall be construed as a reference to the Schedule to these Regulations.
Payments to persons disabled by a disease
3
1
The amount of any payment made to any person disabled by a disease who has made a claim for, and in respect of whom there is entitlement to a payment under the Act, shall be determined in accordance with Table 1 of the Schedule.
2
For the purpose of a determination as respects Part A of Table 1 of the Schedule the age of the person concerned and the percentage assessment shall be related to the first determination that he was suffering from the disease in the following manner —
a
in any case where the said determination was a determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which that determination was made, and the percentage assessment shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination by that Board;
b
in any case where the said determination was a determination of a Medical Appeal Tribunal, the age of that person shall be his age at his last birthday preceding the first day of the month in which his case was last considered by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), (being at a time prior to the aforesaid determination of a Medical Appeal Tribunal) and the percentage assessment shall be that which is applicable for the period immediately following the date of that last consideration by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be).
3
For the purpose of a determination as respects Part B of Table 1 of the Schedule the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month of the first determination of a Silicosis Medical Board that he was suffering from the disease, or in the case of diffuse mesothelioma, the age of the person concerned shall be the age of that person at his last birthday preceding the first day of the month in which the Administrative Board (established for the purposes of the Industrial Injuries and Diseases (Old Cases) Act 1975 or any of the former Old Cases Acts) or an insurance officer, or an adjudication officer, as the case may be, first awarded disablement benefit in respect of the disease: and the extent of incapacity shall be that which is applicable either at the time or retrospectively for the period immediately following the date of the determination or the award of disablement benefit, as the case may be.
4
In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the provisions of this regulation shall apply subject to the provisions of regulation 6.
Payments to dependants of persons disabled by a disease
4
1
The amount of any payment made to a dependant of a person to whom disablement benefit in respect of a disease was payable immediately before he died, or would have been payable but for his disablement amounting to less than the appropriate percentage, being the dependant entitled to a payment under the Act, shall be determined by ascertaining the amount which would have been payable to the deceased in accordance with regulation 3 had he still been alive and had duly made a claim for payment under the Act, deducting from that amount the sum which would have been payable to the deceased if his age at his last birthday preceding his death were substituted for the age used in ascertaining the said amount in accordance with the said regulation 3.
2
Where the Secretary of State is satisfied that the deceased died as a result of the disease, there shall be added to the amount calculated in accordance with paragraph (1) of this regulation a further amount determined in accordance with Table 2 of the Schedule and the age of the deceased for this purpose shall be his age at his last birthday preceding his death. In the case of a disease other than diffuse mesothelioma, the percentage disablement or extent of incapacity, as the case may be, shall be the same as that used in determining the amount payable under the provisions of regulation 3.
3
For the purpose of determining whether a payment should be made under the provisions of paragraph (2) of this regulation, it shall be sufficient evidence that the deceased died as a result of the disease if death benefit is payable or was paid as a lump sum by reason of the deceased’s death as a result of the disease.
4
It shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence that a claim for death benefit has been disallowed on the ground that the deceased did not die as a result of the disease.
5
Where no claim for death benefit has been made, it shall not be open to the Secretary of State to be satisfied that the deceased died as a result of the disease if there is clear evidence available that in the opinion of two doctors of the pneumoconiosis medical panel or Medical Boarding Centre (Respiratory Diseases), as the case may be, the deceased did not die as a result of the disease.
6
a
A dependant of a person to whom disablement benefit in respect of a disease was not payable immediately before he died, being the dependant entitled to a payment under the Act, shall be paid an amount determined in accordance with Table 2 of the Schedule if: —
i
death benefit is payable to or in respect of the said dependant, or
ii
disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed benefit, or but for his having died before he had suffered from the disease for the appropriate period.
b
The relevant percentage assessment or extent of incapacity, as the case may be, for the purposes of Parts A and B of the aforesaid Table, shall be that determined by a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or a Silicosis Medical Board in respect of the period immediately prior to the deceased’s death or if no such determination was made the said relevant percentage assessment or extent of incapacity shall be taken as 10 per cent. or “partial” respectively: and the age of the deceased, for this purpose, shall be taken as his age at his last birthday preceding his death.
7
As respects any claim made by the dependant of a deceased person where that person has died as a result of diffuse mesothelioma, the provisions of this regulation shall apply subject to the provisions of regulation 5.
Payment where death results from diffuse mesothelioma
5
1
In any case where the Secretary of State is satisfied, as respects a claim by a dependant of a deceased person who died on or after 22nd August 1966 (the said dependant being the dependant who is entitled to a payment under the Act), that the said deceased person died as a result of diffuse mesothelioma the amount of the payment to that dependant shall be: —
a
the amount payable in accordance with regulation 4 in respect of diffuse mesothelioma if —
i
disablement benefit was payable to the deceased immediately before he died solely in respect of diffuse mesothelioma, or
ii
death benefit is payable to or in respect of the said dependant where disablement benefit in respect of a disease was not payable to the deceased immediately before he died, or
iii
disablement benefit would have been payable to the deceased immediately before he died but for his not having claimed the benefit or but for his having died before he had suffered from the disease for the appropriate period;
b
if disablement benefit was payable to the deceased immediately before he died solely in respect of pneumoconiosis, either —
i
the total amount payable in accordance with regulation 4 in a case where the deceased’s death resulted from pneumoconiosis or, if greater —
ii
the amount payable in accordance with regulation 4(6) in respect of the deceased’s death as a result of diffuse mesothelioma;
c
if disablement benefit was payable to the deceased immediately before he died in respect of both pneumoconiosis and diffuse mesothelioma or would have been payable to him but for the circumstances specified in (a)(iii) above, either the amount payable in accordance with paragraph (a) of this regulation or that payable in accordance with paragraph (b)(i), whichever amount is the greater.
Provided that in any case the amount payable to a dependant under this regulation shall be at least £1,263 more than the amount which would have been payable to him if he had been entitled to a payment calculated in accordance with regulation 4(6).
2
In the case of any amount payable in accordance with this regulation to the dependant of a deceased person the Secretary of State shall deduct from any such amount a sum equal to any payment made under the provisions of the Act to the said deceased person prior to death, save that any amount so payable after any such deduction shall not, in any event, be less than the minimum payment prescribed in regulation 8.
Payment where pneumoconiosis is accompanied by tuberculosis
6
1
In any case where, at the time of the first determination of a Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal that the disabled person was suffering from the disease, the aforesaid Board or Tribunal, as the case may be, diagnosed that pneumoconiosis was accompanied by tuberculosis, the amount payable to any such disabled person under the provisions of the Act shall be determined by adding together —
a
the sum of £2,613, if the percentage assessment applicable for the period immediately following the date relevant for the purposes of regulation 3(2) was one hundred per cent. or if less than one hundred per cent. that percentage of £2,613, in respect of the year beginning on that date (that is to say the date relevant for the purpose of regulation 3(2)), and in respect of each successive year beginning on the anniversary of that date on the first day of which the said disabled person was, or appears to the Secretary of State to have been, suffering from pneumoconiosis accompanied by active tuberculosis, and
b
a lump sum determined in accordance with Part A of Table 1 of the Schedule, taking, for this purpose, the age of the disabled person as his age at his last birthday prior to the end of the last year to which paragraph (1)(a) of this regulation applies, and taking also for this purpose the percentage assessment as that applicable for the period immediately following the end of the period during which the said disabled person was suffering from pneumoconiosis accompanied by active tuberculosis.
2
The amount payable to a dependant of any disabled person who, had he been alive, would have been entitled to a payment determined in accordance with paragraph (1) of this regulation, being the dependant entitled to a payment under the Act, shall be determined in accordance with regulation 4, save that the amount which would have been payable to the deceased in accordance with paragraph (1) of this regulation shall be substituted for the amount which would have been payable to him in accordance with regulation 3 with the percentage disablement taken for the purpose of determining the sum to be deducted under regulation 4(1) from the aforesaid amount being the percentage disablement used for the purpose of determining the lump sum under paragraph (1)(b) of this regulation.
3
In any case to which the provisions of this regulation apply and where it appears to the Secretary of State that tuberculosis either remains active at the time a claim is made under the provisions of the Act, or remained active until the time when the disabled person died, the amount of the payment shall be determined as if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.
4
No payment made in accordance with this regulation shall exceed the amount which would have been payable if at the time of its first determination that the disabled person was suffering from the disease the Pneumoconiosis Medical Board, (or Special Medical Board, as the case may be), or Medical Appeal Tribunal, as the case may be, had not diagnosed that pneumoconiosis was accompanied by tuberculosis.
Power of Secretary of State to determine amount of payment
7
In the case of a claim by any person who appears to the Secretary of State to be entitled to a payment under the Act but in respect of whose claim the Secretary of State is unable to determine affirmatively or accurately, to his satisfaction, the amount which should properly be paid to that person in accordance with these Regulations (whether because the date relevant for the purposes of regulation 3 is unknown or uncertain or for some other reason), payment shall nevertheless be made to that person of whatever amount, in any particular case, appears to the Secretary of State to be just and equitable:
Provided that in the case of any such payment —
a
where the date relevant for the purposes of regulation 3 is unknown or uncertain, the date to be taken as the relevant date shall be the latest date which, on the evidence available, could have been the relevant date;
b
where the relevant percentage disablement is unknown or uncertain this shall be taken as the lowest percentage on the evidence available which could have been the relevant percentage disablement;
c
where the relevant extent of incapacity is unknown or uncertain this shall be taken to be “partial”.
Minimum amount payable to dependant
8
In any case where entitlement to payment under the Act has been established by the dependant of any person who immediately before he died was disabled by a disease and the amount of any payment to the said dependant under the foregoing provisions of these Regulations is less than the sum of £1,263 the amount actually payable to that dependant shall, in no such case, be less than that sum.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
30th March 1988


text:
1
The existing highways specified in the Schedule to this Order and shown by striped hatching on the deposited plan shall become trunk roads as from the date when this Order comes into force.
2
In this Order —
a
“the deposited plan” means the plan numbered HA10/2 W069 marked “The London — Fishguard Trunk Road (A48) (Cross Hands Industrial Site Interchange, Slip Roads Trunking) Order 1988”, signed by authority of the Secretary of State and deposited at the Welsh Office, Curran Embankment Repository, Cardiff;
b
“the trunk road” means the London — Fishguard Trunk Road (A48).
3
This Order shall come into force on 30th September 1988, and may be cited as the London — Fishguard Trunk Road (A48) (Cross Hands Industrial Site Interchange, Slip Roads Trunking) Order 1988.
Signed by authority of the Secretary of State.
J. A. Morgan
An Assistant Secretary, Welsh Office
2nd September 1988


text:
1
This Order may be cited as the Copyright (International Conventions) (Amendment No. 2) Order 1988 and shall come into force on 24th August 1988.
2
The Copyright (International Conventions) Order 1979 shall be amended as follows:
a
in Article 4(3)(a) (which names the countries in respect of which Article 4 does not apply) there shall be included a reference to Trinidad and Tobago;
b
in Schedule 1 (which names the countries of the Berne Copyright Union) there shall be included references to Peru and to Trinidad and Tobago, indicated in the case of Peru with an asterisk to denote that Peru is also party to the Universal Copyright Convention; and
c
in Schedule 2 (which names the countries party to the Universal Copyright Convention but not members of the Berne Union) the name of Peru, and the date indicated in relation to that country, shall be omitted.
3
This Order shall extend to the countries mentioned in the Schedule hereto.
G.I. de Deney
Clerk of the Privy Council


text:
1
The length of 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 classified as a principal road as from the date when this Order comes into force.
2
In this Order —
i
“the deposited plan”
means the plan numbered HA10/2 — /N212 marked “The (A167) London — Edinburgh — Thurso Trunk Road (Former Darlington County Borough Boundary to Coatham Mundeville (Aycliffe) Interchange De-Trunking) 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; and
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 26th February 1988 and may be cited as the (A167) London — Edinburgh — Thurso Trunk Road (Former Darlington County Borough Boundary to Coatham Mundeville (Aycliffe) Interchange De-Trunking) Order 1988.
Signed by authority of the Secretary of State.
J. A. Owen
Regional Director, Northern Region,
Department of Transport
27th January 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Credits) Amendment Regulations 1988 and shall come into force on 6th April 1988.
2
In these Regulations,“the principal Regulations ” means the Social Security (Credits) Regulations 1975 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 9 (credits for unemployment or incapacity for work) —
a
in paragraph (5) —
i
in sub-paragraph (a), for the words“of section 22(3)” there shall be substituted the words“of section 22(4)”;
ii
the word“or” shall be added at the end of sub-paragraph ( c );
b
in paragraph (9) —
i
for the words“sickness benefit, maternity grant or maternity allowance” there shall be substituted the words“sickness benefit or maternity allowance”;
ii
the word“or” shall be added at the end of sub-paragraph ( e ).
3
After regulation 9A there shall be inserted the following two regulations —
Credits for jury service
9B
1
Subject to paragraphs (2) and (3), for the purposes of entitlement to any benefit by virtue of a person’s contributions he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week for any part of which he attended at Court for jury service.
2
A person shall be entitled to be credited with earnings in respect of a week by virtue of the provisions of this regulation only if —
a
his earnings in respect of that week from any employment of his as an employed earner are below the lower earnings limit then in force; and
b
he furnished to the Secretary of State notice in writing of his claim to be entitled to be credited with earnings and did so before the end of the benefit year immediately following the tax year in which that week or part of that week fell or within such further time as may be reasonable in the circumstances of his case.
3
Paragraph (1) shall not apply —
a
to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under Regulations made under section 3(2) of the Social Security Pensions Act 1975 had effect; or
b
in respect of any week falling wholly or partly within a year commencing before 6th April 1988.
Credits for maternity pay period
9C
1
Subject to paragraphs (2) and (3), for the purposes of entitlement to any benefit by virtue of a woman’s contributions she shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week during a maternity pay period in respect of which statutory maternity pay was paid to her.
2
A woman shall be entitled to be credited with earnings in respect of a week by virtue of this regulation only if she furnished to the Secretary of State notice in writing of her claim to be entitled to be credited with earnings and did so before the end of the benefit year immediately following the tax year in which that week or part of that week fell or within such further time as may be reasonable in the circumstances of her case.
3
Paragraph (1) shall not apply to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under Regulations made under section 3(2) of the Social Security Pensions Act 1975 had effect.
4
In this regulation“maternity pay period” and“statutory maternity pay” have the same meanings as in the Social Security Act 1986 .
.
Revocations and savings
3
1
Subject to the savings in paragraph (2), regulation 6 and sub-paragraphs ( b )(iii) and ( cc ) of regulation 9(9) of the principal Regulations are hereby revoked.
2
The principal Regulations shall have effect for the purposes of the determination of a person’s entitlement to be credited with earnings or with contributions —
a
in respect of the year ending on 5th April 1988, as if these Regulations, with the exception of that part of regulation 2(3) which inserts regulation 9C in the principal Regulations, had not been made;
b
in respect of any year before 6th April 1987, as if these Regulations had not been made.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
9th March 1988


text:
1
These Regulations may be cited as the Industrial Assurance (Fees) Regulations 1988 and shall come into force on 1st April 1988.
2
In the Regulations “ the Act ” means the Industrial Assurance Act 1923.
3
The fees set out in the Schedule hereto shall be payable in respect of the matters set out therein.
4
The Industrial Assurance (Fees) Regulations 1987 are hereby revoked.
J. M. Bridgeman
Industrial Assurance Commissioner
7th March 1988
We approve these Regulations,
David Lightbown
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1988


text:
Citation and commencement
1
This Order may be cited as the Urban Development Corporations (Appropriate Ministers) Order 1988 and shall come into force on 9th June 1988.
Meanings of “the appropriate Minister”
2
In Part XVI of the Local Government, Planning and Land Act 1980 “the appropriate Minister” means —
a
in relation to the British Coal Corporation or any wholly-owned subsidiary of the British Coal Corporation, the Secretary of State for Energy; and
b
in relation to British Shipbuilders and the British Steel Corporation or any wholly-owned subsidiary of either of them, the Secretary of State for Trade and Industry
and any reference to the Secretary of State and the appropriate Minister, in relation to those bodies, is a reference to the Secretary of State for the Environment and the Secretary of State mentioned in sub-paragraph (a) or (b), as appropriate.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
18th May 1988


text:
1
This Order may be cited as the Gipsy Encampments (District of Lewes) Order 1988 and shall come into force on 12th August 1988.
2
The area of the District of Lewes is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
14th July 1988