text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Compensation) (West Yorkshire) Order 1989 and shall come into force on 30th March 1989.
2
In this Order —
“Bradford” means the City of Bradford Metropolitan Council;
“expenditure” means the expenditure and administrative expenses properly incurred by Bradford in the exercise of the functions and discharge of the liabilities transferred by article 2 of this Order; and
“the Residuary Body” means the West Yorkshire Residuary Body.
Transfer of compensation functions
2
On 31st March 1989 the functions and liabilities of the Residuary Body under Part III of the Local Government Reorganisation (Compensation) Regulations 1986 (loss or diminution of emoluments) shall become functions and liabilities of Bradford.
Payment by the Residuary Body
3
1
On 30th March 1989 the Residuary Body shall set aside from their revenue balances the sum of £1 million.
2
On 31st March 1989 the Residuary Body shall transfer that sum to Bradford; and Bradford shall credit it to a fund established by them under paragraph 16 of Schedule 13 to the Local Government Act 1972 which, subject to article 5, shall be applied only for defraying expenditure.
Reimbursement
4
1
The expenditure incurred by Bradford in any financial year shall, to the extent that it is not met from the fund established as mentioned in article 3(2), be apportioned among all the district councils in the county of West Yorkshire; and the appropriate proportion shall be recoverable by Bradford from each of the other district councils.
2
For the purposes of paragraph (1) —
a
the appropriate proportion in relation to any council is the proportion equal to that which the population of the area of that council bears to the population of the county; and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to the 30th June which falls 21 months before the beginning of the financial year in which the recovery is made.
3
Regulation 12 (apportionment of certain costs) of the Regulations mentioned in article 2 shall not apply to any costs which are met by virtue of any provision of this Order.
4
In the event of a dispute between Bradford and another council as to the amount which is to be recoverable by Bradford pursuant to paragraph (1), the matter shall be referred to an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to that arbitration as if it were an arbitration to which that section applied.
Distribution of surplus
5
1
If the defraying of expenditure does not exhaust the fund established as mentioned in article 3(2), Bradford shall apportion the amount of any balance among all the district councils in the county; and shall pay the appropriate proportion to each of the other district councils.
2
For the purposes of paragraph (1),“the appropriate proportion” shall be construed in accordance with article 4(2) as if, in paragraph (2)(b), there were substituted the word“payment” for the word“recovery”.
Continuity of the exercise of functions
6
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with the functions and liabilities transferred by article 2 shall, so far as is required for continuing its effect on or after 31st March 1989, have effect as if done by or in relation to Bradford.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, claim, decision or determination; to the giving of any notice, and to the bringing of any action or proceeding; but it shall not be construed as transferring any employee of the Residuary Body to the employment of Bradford.
3
Any pending action or proceeding may be amended in such manner as may be necessary or proper in consequence of this Order.
Nicholas Ridley
Secretary of State for the Environment
17th January 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the County of West Glamorgan (Electoral Arrangements) Order 1989.
2
This Order shall come into force on 4th May 1989 except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force forthwith.
3
1
The existing electoral divisions of the County of West Glamorgan shall be abolished and that County shall be divided into sixty-one electoral divisions which shall bear the names set out in column 1 of the Schedule to this Order, and each such electoral division shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each electoral division constituted by this Order shall be one.
4
Where a boundary is described in the Schedule to this Order as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line thereof.
5
The ordinary elections of all councillors for the County of West Glamorgan shall be held simultaneously on the ordinary day of election of county councillors in 1989 and every fourth year thereafter.
6
The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
1st February 1989


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of North Yorkshire that the new trunk road is open for through traffic.
2
In this Order–
All measurements of distance are measured along the route of the relevant highway; and
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 classifed road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/YHRO 9, marked“The A65 Trunk Road (Draughton Bypass De-Trunking) Order 1989”signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road” means the highway to be provided in pursuance of the A65 Trunk Road (Draughton Bypass) Order 1989 ; and
iv
“the Trunk Road” means the Liverpool–Preston–Leeds Trunk Road (A65).
3
This Order shall come into force on 19th October 1989 and may be cited as the A65 Trunk Road (Draughton Bypass De-Trunking) Order 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire & Humberside Region
Department of Transport
14th September 1989


text:
1
This Order may be cited as the British Steel Act 1988 (Government Shareholding) Order 1989 and shall come into force on 5th June 1989.
2
The target investment limit in relation to the Government shareholding shall be 0·0472 per cent. of the voting rights which are exercisable in all circumstances at general meetings of British Steel plc.
Alan Clark
Minister for Trade,
Department of Trade and Industry
12th May 1989


text:
1
This Order may be cited as the Combined Probation Areas (West Sussex) (No.2) Order 1989 and shall come into force on 1st December 1989.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the West Sussex Probation Committee shall be amended by substituting in column 3–
a
“3” for “5” in the entry in respect of the petty sessional division of Chichester and District; and
b
“3” for “2” in the entry in respect of the petty sessional division of Mid-Sussex.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
30th November 1989


text:
Title, commencement and interpretation
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment Order 1989 and shall come into force on 17th April 1989.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) Order 1989 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 8th January 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from any sheep described in paragraph (a) of this article,
and accordingly that Order is amended in accordance with the following provisions of this Order.
3
In article 5, for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
e
any sheep which was moved from any place in accordance with a consent given on or before 8th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
f
any sheep which was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.
.
4
In article 6, for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 8th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
e
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or
ii
was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,and which in either case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
N E Sharp
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
12th April 1989


text:
Citation and commencement
1
This Order may be cited as the London Government Reorganisation (Property) Order 1989 and shall come into force on 27th July 1989.
Specified housing property
2
All interests of the London Residuary Body in properties comprising or forming part of the estates specified in Column 1 of Schedule 1 to this Order shall vest in the local authority specified in Column 2.
3
All the interests of the London Residuary Body in the estates or properties specified in Column 1 of Schedule 2 to this Order shall vest in the local authority specified in Column 2.
Other property
4
All the interests of the London Residuary Body in the property described in Schedule 3 to this Order shall vest in the local authority in whose area it is situated.
Waterfield Playing Fields
5
All the interests of the London Residuary Body in the Waterfield Playing Fields, Thamesmead, Greenwich shall vest in the Inner London Education Authority.
Linley Sambourne House
6
1
All interests of the London Residuary Body in Linley Sambourne House, 18 Stafford Terrace, London, W8, together with the contents thereof, shall vest in the Royal Borough of Kensington and Chelsea (“the Royal Borough”).
2
The Royal Borough shall assume the obligations of the Greater London Council as lessor under the lease of 18 Stafford Terrace dated 11 April 1980 and made between the Greater London Council of the one part and Richard Michael Robbins, Mary Hermione Hobhouse, Philip Horsley Strode and Leslie Paul Rees (being the then Trustees of the Victorian Society) of the other part.
3
The Royal Borough shall use its best endeavours to secure reasonable public access to the property mentioned in paragraph (1).
Tottenham Magistrates Court
7
1
All the interests of the London Residuary Body in the Tottenham Magistrates Court and adjoining land fronting Lordship Lane shown east of the bold dotted line on the plan titled “Plan A referred to in the London Government Reorganisation (Property) Order 1989” and signed in duplicate by David Cyril Voysey and Jack Albert Young shall vest in the London Borough of Enfield.
2
All the interests of the London Residuary Body in the Probation Office and adjoining land fronting Lordship Lane shown west of the bold dotted line on the plan referred to in paragraph (1) shall vest in the London Borough of Haringey.
3
One copy of the plan referred to in paragraph (1) shall be deposited and may be inspected, at the principal offices respectively, of the London Borough of Enfield and of the London Borough of Haringey.
4
In this Article “Lordship Lane” means the road of that name in Tottenham, London, N17.
Kingsway Tram Tunnel
8
1
The interests of the London Residuary Body in that part of the former Kingsway Tram Tunnel, London, WC2 (the Tram Tunnel) shown coloured red on the plan titled “Plan B referred to in the London Government Reorganisation (Property) Order 1989” and signed in duplicate by Dugald Gonsal and Peter John Chester shall vest in the City of Westminster.
2
The interests of the London Residuary Body in that part of the Tram Tunnel shown hatched in black on the plan referred to in paragraph (1) shall vest in the London Borough of Camden.
3
One copy of the plan referred to in paragraph (1) shall be deposited, and may be inspected, at the principal offices, respectively, of the City of Westminster and of the London Borough of Camden.
Rights and Liabilities
9
All rights and liabilities of the London Residuary Body acquired or incurred exclusively in connection with any property transferred by this Order shall vest in the body to which such property is transferred.
Nicholas Ridley
Secretary of State for the Environment
29th June 1989


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Molesworth Aerodrome) (Revocation) Regulations 1989 and shall come into force forthwith.
2
The Air Navigation (Restriction of Flying) (Molesworth Aerodrome) Regulations 1987 are hereby revoked.
Signed by authority of the Secretary of State
R E Clarke
An Under Secretary in the
Department of Transport
12th July 1989


text:
Citation and commencement
1
This Order may be cited as the Water Reorganisation (Pensions etc.) (Designated Persons) (Amendment) Order 1989 and shall come into force on 1st September 1989.
Amendment of Order
2
The Water Reorganisation (Pensions etc.) (Designated Persons) Order 1989 is amended by the substitution for article 2(2)(a) of the following sub-paragraph–
a
Water International Limited
.
Signed by authority of the Secretary of State
Colin Moyniham
Parliamentary Under Secretary of State,
Department of the Environment
2nd August 1989
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
3rd August 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 3 Regulations 1989 and shall come into force, in relation to a particular claimant, as follows–
a
regulations 1, 2 to 8, 10, 11(a) and (b) and 12(b), on 9th October 1989;
b
regulations 9, 11(c) and 12(a) immediately after regulations 10 and 11 of the Income Support (General) Amendment Regulations 1989 come into force.
2
In paragraph (1) the expression “claimant” has the same meaning as in the General Regulations and in these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Insertion of regulation 3A into the General Regulations
2
After regulation 3 of the General Regulations (definition of non-dependant) there shall be inserted the following regulation–
Permitted period
3A
1
For the purposes of regulation 17(6), paragraph 7(10) of Schedule 3, paragraph 7(6) of Schedule 3A, paragraph 6(3) of Schedule 3B and paragraphs 4 and 6 of Schedule 8 (applicable amounts, mortgage interest, protected sums and earnings to be disregarded), where a claimant has ceased to be entitled to income support–
a
because he or his partner becomes engaged in remunerative work the permitted period, subject to paragraph (2), shall be twelve weeks; or
b
for any other reason, the permitted period shall be eight weeks.
2
Subject to paragraph (3), where the claimant or his partner has ceased to be engaged in the remunerative work referred to in paragraph (1)(a) the permitted period shall be eight weeks if–
a
the claimant’s weekly applicable amount is reduced under regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) because of the cessation of that work; or
b
the claimant or his partner has ceased to be engaged in that work within 6 weeks of beginning it; or
c
at any time during the period of 26 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it–
i
was engaged in remunerative work; or
ii
was in relevant education; or
iii
was a student.
3
Paragraph (2)(b) or (c) shall not apply if, by virtue of section 20A(2) of the Social Security Act (exemption from disqualification for unemployment benefit) , the person who has ceased to be engaged in remunerative work is exempted from disqualification for receiving unemployment benefit.
.
Amendment of regulation 3 of the General Regulations
3
In regulation 3(2)(c) of the General Regulations (definition of non-dependant) at the end there shall be added the words “and either is a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling.”.
Amendment of regulation 17 of the General Regulations
4
In regulation 17 of the General Regulations (applicable amounts)–
a
in paragraph (6) for the words “eight weeks” there shall be substituted the words “the permitted period determined in accordance with regulation 3A (permitted period)”;
b
after paragraph (6) there shall be inserted the following paragraph–
6A
For the purposes of paragraph (6), where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section, he shall be treated as if he had been entitled to income support for the period during which he or his partner is participating in such arrangements or attending such a course.
.
Amendment of regulation 19 of the General Regulations
5
In regulation 19 of the General Regulations (applicable amounts for persons in residential care and nursing homes)–
a
in paragraph (1A) after the reference “paragraph (1)(b)” there shall be inserted the reference “and Schedule 4”;
b
after paragraph (4) there shall be added the following paragraph–
5
Notwithstanding the foregoing paragraphs of this regulation, where–
a
a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and
b
an application for registration under that Act has been made by another person and that application has not been determined or abandoned,
the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under the Registered Homes Act 1984 in respect of those premises continued until the day on which the application is determined or abandoned.
.
Amendment of Schedule 2 to the General Regulations
6
In Schedule 2 to the General Regulations (applicable amounts)–
a
in paragraph 1(1)–
i
in head (a), for the reference “head (b) or (c)” there shall be substituted the reference “head (b)”;
ii
for heads (b) and (c) there shall be substituted the following head–
b
less than 18 who falls within any of the circum-stances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–
b
£27.40;
i
is eligible for income support under regu-lation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
;
b
in paragraph 1(2)–
i
in head (a), for the reference “head (b) or (c)” there shall be substituted the reference “head (b)”;
ii
for heads (b) and (c) there shall be substituted the following head–
b
less than 18 who falls within any of the circum-stances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–
b
£27.40;
i
is eligible for income support under regu-lation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
;
c
in paragraph 1(3) (aa), in column (1), for the words from “is a person” to “that member” there shall be substituted the words “falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and that member”;
d
in paragraph 6, in sub-paragraph (1) for the words from “either the higher pensioner premium” to the end of that sub-paragraph there shall be substituted the words “any other premium which may apply under this Schedule.”;
e
in paragraphs 7(b) and 12(5) after the words “Employment and Training Act 1973” there shall be added in each of those paragraphs the words “or for any period during which he is in receipt of a training allowance”;
f
in paragraph 13
i
in sub-paragraph (2)(a)(iii) the words “no one is in receipt of” shall be omitted; and after the words “Social Security Act” there shall be inserted the words “is not in payment to anyone”;
ii
in sub-paragraph (2)(b) for the words “there is someone in receipt of an invalid care allowance” there shall be substituted the words “an invalid care allowance is in payment to someone”; and, for the words “there is no one in receipt of such an allowance” there shall be substituted the words “such an allowance is not in payment to anyone”.
Amendment of Schedule 3 to the General Regulations
7
In Schedule 3 to the General Regulations (housing costs)–
a
in paragraph 7–
i
in sub-paragraph (1) for the words “sub-paragraph (2) to (9)” there shall be substituted the words “the following sub-paragraphs of this paragraph”;
ii
in sub-paragraph (9) at the beginning there shall be inserted the words “Subject to sub-paragraphs (10) and (11),”;
iii
after sub-paragraph (9) there shall be inserted the following sub-paragraphs–
10
Where–
a
a claimant has ceased to be in receipt of income support because he or his partner becomes engaged in remunerative work; and
b
immediately before ceasing to be so in receipt an amount under sub-paragraph (1)(b)(i) was applicable to him,
sub-paragraph (9)(a)(ii) shall apply to him as if for the words “any period of eight weeks or less” there were substituted the words “any period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.
11
For the purposes of sub-paragraph (1)(b)(i), where–
a
a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section; and
b
immediately before so ceasing an amount under that sub-paragraph was applicable to him,
he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.
;
b
in paragraph 10–
i
in sub-paragraph (5) for the words “under this paragraph” there shall be substituted the words “under sub-paragraph (3)”;
ii
in sub-paragraph (7) for the words “In this paragraph” there shall be substituted the words “In sub-paragraph (5)”.
Amendment of Schedule 3A to the General Regulations
8
In paragraph 7(6) of Schedule 3A to the General Regulations (protected sum) for the words “a period of not more than 8 weeks” there shall be substituted the words “a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.
Amendment of Schedule 3B to the General Regulations
9
In Schedule 3B to the General Regulations (protected sum)–
a
in paragraph 1(1)–
i
in paragraph (a) of the definition of “protected total” the words “in a case to which paragraph 6(4) applies,” shall be omitted; and for the words “in that week” there shall be substituted the words “for a period not exceeding 14 weeks which includes that week”;
ii
in the definition of “relevant provisions” after paragraph (d) there shall be inserted the following paragraph–
dd
paragraph 13 of Schedule 7 (persons in residential accommo-dation);
;
b
in paragraph 2(6) after the words “that week shall” there shall be inserted the words “, subject to the following paragraphs of this Schedule,”;
c
in paragraph 3–
i
in sub-paragraph (3) after head (b) there shall be added the following–
or
c
his applicable amount in the first week fell or would have fallen, but for any temporary absence, to be determined under regulation 20 but would not have fallen to be so determined in the March benefit week had he been in the same accommodation in that week and had his stay in that accommodation been other than temporary
;
ii
after sub-paragraph (3) there shall be added the following sub-paragraph–
4
For the purposes of sub-paragraph (3), where–
a
a claimant’s applicable amount in respect of the March benefit week has been determined under paragraph 13(1) of Schedule 7 and it is subsequently determined on review that it fell to be determined under regulation 20, he shall, notwithstanding that review, be treated as if his applicable amount fell to be determined under that paragraph;
b
a claimant has been temporarily absent from his accommo-dation in the March benefit week and immediatley before the period of temporary absence his applicable amount was determined under paragraph 13(1) of Schedule 7, he shall be treated as if his applicable amount would have fallen to be determined under that paragraph during the period of temporary absence notwithstanding that it is subsequently determined on review that immediately before the period of temporary absence it fell to be determined under regulation 20;
c
a claimant has entered his accommodation after the March benefit week, he shall be treated as if his applicable amount, had he been in that accommodation in the March benefit week, would not have fallen to be determined under regulation 20 in that week if the applicable amounts of other claimants in that accommodation in that week were determined otherwise than under that regulation notwithstanding that it is subsequently determined on review that they fell to be determined under regulation 20.
;
d
in paragraph 6(3) for the words “a period of not more than 8 weeks” there shall be substituted the words “a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.
Amendment of Schedule 4 to the General Regulations
10
In paragraph 5(1) of Schedule 4 to the General Regulations (applicable amounts of persons in residential care or nursing homes) for head (b) there shall be substituted the following head–
b
in the case of a claimant who is a member of a family the aggregate of the following amounts–
i
in respect of the claimant, the appropriate amount in respect of him specified in or determined in accordance with paragraph 6 to 11;
ii
in respect of each member of his family who lives in the home aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;
iii
in respect of each member of his family aged not less than 11 who lives in the home, an amount which would be the appropriate amount specified in or determined in accordance with paragraph 6 to 11 if the other member were the claimant.
.
Amendment of Schedule 7 to the General Regulations
11
In Schedule 7 to the General Regulations (special cases)–
a
in paragraph 9, in column 1, for the words from “where one of them is living in the home” to the end of that paragraph there shall be substituted the following
where–
a
one member of the couple is–
i
not a patient but is resident in a nursing home, or
ii
resident in a residential care home, or
iii
resident in premises used for the rehabilitation of alcoholics or drug addicts, or
iv
resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) , or
v
participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section, where the course requires him to live away from the dwelling occupied as the home, or
vi
in a probation or bail hostel approved for the purpose by the Secretary of State; and
b
the other member of the couple is–
i
living in the dwelling occupied as the home, or
ii
a patient, or
iii
in residential accommodation, or
iv
resident in a residential care home or nursing home.
;
b
after paragraph 10C, there shall be inserted the following paragraph–
Lone parents who are in residential care homes or nursing homes temp-orarily
10D
A claimant who is a lone parent who is in a residential care home or nursing home temporarily.
10D
Any amount applicable to the claimant under paragraph 1(1)(a) and (c) of Schedule 4, determined as if he were a single claimant, plus–
a
in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2(a) or (b) of Schedule 2 or under this Schedule as appropriate; and
b
any amount which would be applicable to the claimant, if he were not temporarily living away from the dwelling occupied as the home, under regulation 17(1)(c), (f) or (g), or (d) in so far as it relates to the lone parent premium under paragraph 8 of Schedule 2.
.
c
after paragraph 13, there shall be inserted the following paragraph–
Polish Resettlement
13A
A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps).
13A
—
1
The aggregate of–
a
the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and
b
a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3).
2
The maximum referred to in sub-paragraph (1)(a) shall be–
a
in the case of a single claimant, £140;
b
in the case of a claimant who is a member of a family the aggregate of the following amounts–
i
in respect of the claimant, £140;
ii
in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;
iii
in respect of each member of his family aged not less than 11 who lives in the accommodation, £140; and
iv
where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.
3
The amount for personal ex-penses referred to in sub-paragraph (1)(b) shall be–
a
for the claimant, £13.25;
b
for his partner, £13.25;
c
for a young person aged 18, £11.95;
d
for a young person aged under 18 but over 16, £7.00;
e
for a child aged under 16 but over 11, £6.05;
f
for a child aged under 11, £4.10.
4
The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (1)(b)(ii) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.
.
Amendment of Schedule 8 to the General Regulations
12
In Schedule 8 to the General Regulations (sums to be disregarded in the calculation of earnings)–
a
in paragraph 4, for sub-paragraph (7) there shall be substituted the following sub-paragraphs–
7
For the purposes of this paragraph–
a
except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring–
i
on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either was or both were not engaged in part-time employment or the claimant was not entitled to income support; or
ii
immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 or to attend a course at an employment rehabilitation centre established under that section;
b
in a case where the claimant has ceased to be entitled to income support because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to income support, not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which the claimant or, as the case may be, his partner attained the age of 60;
c
no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which the claimant was not entitled to income support because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section.
;
b
in paragraph 6–
i
in sub-paragraph (1)(b) for the words “receiving full-time education” there shall be substituted the words “ in relevant education or a student”;
ii
for sub-paragraph (2) there shall be substituted the following sub-paragraphs–
2
For the purposes of this paragraph in determining whether one of a couple has been in receipt of income support for a continuous period of two years–
a
no account shall be taken of any period not exceeding eight weeks during which the claimant was not a member of a couple;
b
subject to sub-paragraphs (2A) and (2C), no account shall be taken of any period not exceeding eight weeks during which the claimant was not in receipt of income support;
c
consecutive periods during which either member was in receipt of income support in respect of a couple shall be treated as periods during which one of that couple had been so in receipt.
2A
Where–
a
a claimant has ceased to be in receipt of income support because he or the other member of the couple becomes engaged in remunerative work; and
b
immediately before ceasing to be so in receipt this paragraph applied to him,
sub-paragraph (2)(b) shall apply to him as if for the words “not exceeding eight weeks” there were substituted the words “not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.
2B
In a case where sub-paragraph (2A) applies, sub-paragraph (1) shall apply as if for the words “a period exceeding eight consecutive weeks” there were substituted the words “a period exceeding the permitted period determined in accordance with regulation (3A)”.
2C
For the purposes of this paragraph, where–
a
a claimant has ceased to be in receipt of income support because he or the other member of the couple is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section; and
b
immediately before ceasing to be so in receipt this paragraph applied to him,
he shall be treated as if he had been in receipt of income support in respect of a couple for the period during which he or his partner is participating in such arrangements or attending such a course and no account shall be taken of any period during that time in which the other member is engaged in remunerative work, in relevant education or a student.
;
iii
in sub-paragraph (3) for the reference “sub-paragraph (2)” there shall be substituted the reference “sub-paragraphs (2) to (2C)”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th September 1989.


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Amendment Order 1989 and shall come into force at one minute past midnight on 8th November 1989.
Amendment of the principal Order
2
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1989 shall be amended by inserting in the Schedule to that Order (the designated area) at the end the further areas described in the Schedule to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
This Order may be cited as the Mostyn Docks (Pilotage) Harbour Revision Order 1989 and shall come into force on 20th January 1989.
Interpretation
2
In this Order–
“the Company” means Mostyn Docks Limited;
“the harbour” has the same meaning as in the Mostyn Docks Harbour Empowerment Order 1988 ;
Extension of limits of jurisdiction for purposes of pilotage
3
1
The limits within which the Company shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour)–
the waters of the River Dee from immediately below the Old Dee bridge at Chester to the imaginary straight lines mentioned in paragraph (2) below.
2
The lines referred to in paragraph (1) above are–
a
a line from a point at latitude 53° 21'.35N, longitude 3° 19'.20W, to a point at latitude 53° 22'.00N, longitude 3° 18'.20W; and
b
a line from that point to a point at latitude 53° 23'.15N, longitude 3° 11'.83W.
Signed by authority of the Secretary of State
J.W.S. Dempster
An Under Secretary in the
Department of Transport
19th January 1989


text:
1
1
This Order may be cited as the Summer Time Order 1989 and shall come into force on the fourteenth day after the day on which it is made.
2
This Order shall have effect in Great Britain, Northern Ireland and the Bailiwick of Guernsey.
3
In this Order “ the Act ” means the Summer Time Act 1972.
2
In relation to the year 1990, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 25th March 1990 and ending at one o'clock, Greenwich mean time, in the morning of 28th October 1990 instead of the period specified in section 1 of the Act.
3
In relation to the year 1991, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 31st March 1991 and ending at one o'clock, Greenwich mean time, in the morning of 27th October 1991 instead of the period specified in section 1 of the Act.
4
In relation to the year 1992, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 29th March 1992 and ending at one o'clock, Greenwich mean time, in the morning of 25th October 1992 instead of the period specified in section 1 of the Act.
G. I. de Deney
Clerk of the Privy Council


text:
1
Those lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as principal road as from the date on which the Secretary of State notifies the County Council of Devon that the new trunk roads are open for through traffic.
2
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA 10/2-SWM 56 marked “The A38 Trunk Road (Marsh Mills Junction Improvement) (Detrunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of the A38 Trunk Road (Marsh Mills Junction Improvement) Order 1989 ;
iii
“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; and
iv
“the trunk road” means the A38 Trunk Road.
3
This Order shall come into force on 19th May 1989 and may be cited as the A38 Trunk Road (Marsh Mills Junction Improvement) (Detrunking) Order 1989.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
26th April 1989


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Air Quality Standards Regulations 1989 and shall come into force on 31st March 1989.
2
Regulations 4 and 5 shall not apply to exposure to lead in the air as a result of a person’s occupation, and regulations 6 and 7 shall not apply in relation to exposure to nitrogen dioxide in the atmosphere at work or within buildings.
Limit values for sulphur dioxide and suspended particulates in the atmosphere
2
1
The Secretary of State shall take any appropriate measures to ensure that the concentrations of sulphur dioxide and suspended particulates in the atmosphere measured in accordance with regulation 3 do not exceed the limit values given in Annex I to Council Directive No. 80/779/ EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates (“the sulphur dioxide and suspended particulates Directive”).
2
Paragraph (1), insofar as it applies to suspended particulates, shall not apply to the areas specified in the Schedule until 1st April 1993.
Measurement of sulphur dioxide and suspended particulates
3
1
The Secretary of State shall ensure that measuring stations for measuring the concentrations of sulphur dioxide and suspended particulates in the atmosphere are established, and the concentration of sulphur dioxide and suspended particulates measured in accordance with Annexes III and V to the sulphur dioxide and suspended particulates Directive.
2
The measuring stations shall be established at sites where pollution is thought to be greatest and where the measured concentrations are representative of local conditions, and in particular in the zones specified in the Schedule and in zones where the limit values referred to in regulation 2(1) are likely to be approached or exceeded.
Limit value for lead in the air
4
1
The Secretary of State shall take any necessary measures to ensure that the mean annual value for the concentration of lead in the air, measured in accordance with regulation 5, does not exceed the limit value of 2 micrograms of lead per cubic metre expressed as an annual mean concentration.
2
Paragraph (1) shall not apply within a circular area one mile in radius centred on National Grid reference point 399350E 297750N (being an area near Walsall, West Midlands) until 9th December 1989.
Measurement of lead in the air
5
1
The Secretary of State shall ensure that sampling stations for measuring the concentration of lead in the air are installed and operated, and that the mean annual value is calculated in accordance with the Annex to Council Directive No. 82/884/EEC on a limit value for lead in the air .
2
The sampling stations shall be installed at sites where individuals may be exposed to lead in the air continually for a long period and where, in the opinion of the Secretary of State, the limit value referred to in regulation 4(1) is likely to be exceeded.
Limit value for nitrogen dioxide in the atmosphere
6
The Secretary of State shall take any necessary measures to ensure that the concentration of nitrogen dioxide in the atmosphere measured in accordance with regulation 7 does not exceed the limit value as defined in the table in Annex I to Council Directive No. 85/203/EEC on air quality standards for nitrogen dioxide (“the nitrogen dioxide Directive”).
Measurement of nitrogen dioxide in the atmosphere
7
1
The Secretary of State shall ensure that measuring stations for measuring the concentration of nitrogen dioxide in the atmosphere are established, and that the concentration of nitrogen dioxide in the atmosphere is measured in accordance with paragraph 4 of Annex III, and Annex IV , to the nitrogen dioxide Directive.
2
The measuring stations shall be established at sites selected in accordance with paragraphs 1 to 3 of Annex III to that Directive, and in particular in zones where the limit value referred to in regulation 6 is or is likely to be exceeded.
Nicholas Ridley
Secretary of State for the Environment
1st March 1989
Peter Walker
Secretary of State for Wales
2nd March 1989
Malcolm Rifkind
Secretary of State for Scotland
2nd March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Trade Effluents (Prescribed Processes and Substances) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations –
“the 1989 Act ” means the Water Act 1989;
“asbestos” means any of the fibrous silicates, namely, crocidolite, actinolite, anthophyllite, chrysotile, amosite and tremolite; and
“background concentration”, in relation to any substance, means such concentration of the substance as would, but for anything done on the premises in question, be present in the effluent discharged from those premises; and without prejudice to the generality of the foregoing, includes such concentrations of the substance as are present –
in water supplied to the premises;
in water abstracted for use in the premises; and
in precipitation onto the site within which the premises are situated.
Trade effluent containing prescribed substances
3
Section 74 of the 1989 Act (control of exercise of trade effluent functions in certain cases) shall apply to trade effluent in which any of the substances listed in Schedule 1 to these Regulations is present in a concentration greater than the background concentration.
Trade effluent derived from prescribed processes
4
Section 74 of the 1989 Act shall apply to trade effluent deriving from a process of a description mentioned in Schedule 2 to these Regulations if either asbestos or chloroform is present in that effluent in a concentration greater than the background concentration.
Variation of existing consents
5
1
A sewerage undertaker shall, in the circumstances referred to in paragraph (2), notify the Secretary of State of its proposal to vary, by direction under section 60(1) of the Public Health Act 1961 , the conditions attached to a consent having effect as if given by the undertaker under the Public Health (Drainage of Trade Premises) Act 1937 (consent to the discharge of trade effluent into a public sewer).
2
The circumstances mentioned in paragraph (1) are that –
a
the consent has not been reviewed by the Secretary of State in accordance with paragraph 2 of Schedule 9 to the 1989 Act; and
b
if the proposed variation were made, the consent would authorise the discharge of effluent containing a concentration of a substance referred to in Schedule 1 to these Regulations in excess of the background concentration.
3
A notification under paragraph (1) shall be treated as a reference to the Secretary of State under paragraph 1 of the said Schedule 9 of the question whether the relevant operations should be prohibited; and paragraphs 3 and 4 of that Schedule shall have effect accordingly.
4
Where the undertaker has notified the Secretary of State in accordance with paragraph (1) –
a
it shall inform the owner or occupier of the trade premises in question of that notification; and
b
it shall not vary the consent unless the Secretary of State has given such a notice as is described in paragraph 3(2)(c) of the said Schedule 9.
5
The requirements imposed on a sewerage undertaker by this regulation shall be enforceable under section 20 of the 1989 Act by the Secretary of State.
Signed by authority of the Secretary of State
Michael Howard
Minister for Water and Planning,
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6t July 1989


text:
1
This Order may be cited as the Fraudulent Reception of Transmissions (Guernsey) Order 1989 and shall come into force on 1st December 1989.
2
Section 297 of the Copyright, Designs and Patents Act 1988 applies in relation to programmes included in broadcasting or cable programme services provided from a place in the Bailiwick of Guernsey, and section 298 of the said Act applies in relation to such programmes and to encrypted transmissions of any other description provided or sent from a place in the Bailiwick of Guernsey.
G. I. de Deney
Clerk of the Privy Council


text:
1
The lengths of the trunk road described in the schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as principal road as from the date on which this Order comes into force.
2
In this Order –
1
All measurements of distance are measured along the route of the relevant highways;
2
i
“the deposited plan” means the plan numbered RSE A27/15A/65/2/1 marked “The Folkestone-Honiton Trunk Road (A27) (Windhover Roundabout to Southampton City Boundary and Park Gate Link Detrunking) Order 1989 signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;”
ii
“principal road” as a classification for a highway, means that the highway is 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; and
iii
“the trunk road” means The Folkestone-Honiton Trunk Road (A27).
3
This Order shall come into force on 20th June 1989 and may be cited as the Folkestone-Honiton Trunk Road (A27) (Windhover Roundabout to Southampton City Boundary and Park Gate Link Detrunking) Order 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
17th May 1989


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Sub-Contractors in the Construction Industry) (Amendment) Regulations 1989 and shall come into force on 18th August 1989.
Amendment to the Income Tax (Sub-Contractors in the Construction Industry) Regulations 1975
2
In regulation 12A(4) of the Income Tax (Sub-Contractors in the Construction Industry) Regulations 1975 for the words “has the same meaning as in section 89 of the Taxes Management Act 1970 as from time to time increased or decreased by the Treasury in accordance with that section for the purposes of section 86 of that Act” there shall be substituted – “means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 86 of the Taxes Management Act 1970 ”.
A.J.G. Isaac
L.J.H. Beighton
Two of the Commissioners of Inland Revenue
28th July 1989


text:
Title and commencement
1
1
This Order may be cited as the Tuberculosis (Deer) Order 1989 and, except for article 13, shall come into force on 1st June 1989.
2
Article 13 of this Order shall come into force on 1st September 1989.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“ the Act ” means the Animal Health Act 1981;
“affected animal” means a deer which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis or is a reactor, and “suspected animal” shall be construed accordingly;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or Wales, the Secretary of State;
“appropriate officer” means a veterinary inspector or, in relation to England another officer of the Ministry or, in relation to Scotland or Wales, an officer of the Secretary of State;
“approved disinfectant” means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order 1978 as being approved for the time being for use against tuberculosis;
“carcase” means the carcase of a deer, and includes part of a carcase and the flesh, bones, hide, skin, hooves, offal or other part of a deer, separately or otherwise, or any portion thereof;
“cattle” means bulls, cows, steers, heifers and calves;
“deer” means deer of any species;
“the Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“the Minister” and “the Ministry” mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“premises” includes land with or without buildings but does not include any part or parts of any premises used for the temporary detention of animals as a market, sale-yard, fairground, lair or place of exhibition;
“reactor” means a deer which gives rise to a reaction consistent with its being affected with tuberculosis when tested for that disease either by or on behalf of the appropriate Minister or otherwise, as the case may be, provided that in the case of a test otherwise so carried out the result thereof has been reported to the appropriate Minister;
“veterinary inspector” means a veterinary inspector appointed by the Minister;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or the supplementary veterinary register.
2
Any reference in this Order to a lettered form is a reference to a form bearing that letter in the Schedule to this Order.
Application of the Order
3
The provisions of this Order shall not apply in relation to approved premises, within the meaning of the Importation of Animals Order 1977 and shall apply in relation to imported animals only–
a
from the time specified in the licence issued under article 11(5) of that Order; or
b
where the existence or suspected existence of disease in any part of Great Britain makes it expedient that no such licence should be issued for the time being, from the time when those animals have completed the period of detention in quarantine required under the provisions of that Order, or, as the case may be, have been rested in an approved reception centre for the period so required.
Notification of disease in deer
4
1
A person who has in his possession or under his charge an affected or a suspected animal and a veterinary surgeon who in the course of his duties, examines any such animal shall, with all practicable speed, give notice of the fact to the Divisional Veterinary Officer.
2
A person who has in his possession or under his charge an affected or a suspected animal shall forthwith detain it on the premises where it then is and isolate it as far as practicable from other animals.
Notification of disease in carcases
5
1
A person who has in his possession or under his charge a carcase which is affected with or suspected of being affected with tuberculosis, and any veterinary surgeon or other person who in the course of his duties examines any such carcase shall, with all practicable speed, give notice of the fact to the Divisional Veterinary Officer.
2
A person who has in his possession or under his charge a carcase which is affected or suspected of being affected with tuberculosis shall detain it, or so much of it as is affected with or suspected of being affected with tuberculosis, on the premises where it then is until it has been examined by a veterinary inspector.
Veterinary enquiry as to the existence of disease
6
1
Where by reason of information received, whether under article 4 or article 5 above or otherwise, a veterinary inspector has reasonable grounds for supposing that there is on any premises an affected or a suspected animal or a carcase which is affected with or suspected of being affected with tuberculosis he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that information.
2
For the purposes of such an enquiry a veterinary inspector may–
a
examine any deer or carcase on the premises;
b
make such tests and take such samples from any deer or carcase on the premises as he may consider necessary for the purpose of diagnosis;
c
paint, stamp, clip, tag or otherwise mark any deer or carcase on the premises.
3
If so required by a veterinary inspector the owner or person in charge of any deer or carcase on the premises shall mark the deer or carcase in the manner required by the veterinary inspector.
4
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any deer or carcase which is or has been on the premises, shall–
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an appropriate officer give such information as he possesses as to–
i
any deer or carcase which is or has been on the premises,
ii
any other deer or carcase with which any deer or carcase which is or has been on the premises may have come into contact, and
iii
the location and movement of any deer or carcase which is or has been in his possession or charge.
5
A veterinary inspector shall serve a notice in Form A on the owner or person in charge of any deer examined by him which in his opinion is an affected or suspected animal.
6
On the service of a notice in Form A the requirements contained in that notice shall have effect.
7
A notice in Form A shall remain in force until it is withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the deer to which the notice in Form A relates.
Testing of deer
7
An appropriate officer may, by notice in writing served on the owner or person in charge of any deer, require him–
a
to arrange for any deer which may be specified in the notice to be tested for tuberculosis at his own expense and in such manner and within such period as may be so specified; and
b
to report the result of any such test to the Divisional Veterinary Officer as soon as practicable.
Prohibition on vaccination and therapeutic treatment
8
1
No person shall vaccinate any deer against tuberculosis.
2
No person shall treat any deer for tuberculosis.
Precautions against spread of infection
9
1
Where the appropriate Minister is satisfied that there is on any premises a deer which is an affected animal–
a
a veterinary inspector may, by notice in writing served on the owner or person in charge of such deer, require him to take such steps as may be reasonably practicable to prevent any deer kept on the premises from infecting by contact any deer or cattle kept on any adjoining premises; and
b
an appropriate officer may, by notice in writing served on the owner or person in charge of such deer, require him–
i
to arrange for the isolation of any deer which may be specified in the notice on any part or parts of the premises so specified;
ii
to ensure that any part or parts of the premises specified in the notice shall not be used by any deer or cattle on the premises, or by such deer or cattle as may be so specified;
iii
at his own expense, and within such time and in such manner as may be specified in the notice to cleanse and disinfect such part or parts of the premises as may be so specified;
iv
to treat and store manure or slurry from any place which has been used by such deer in accordance with the requirements of the notice;
v
not to spread any manure or to spray or spread any slurry from any place which has been used by any such deer otherwise than in accordance with the requirements of the notice;
vi
to cleanse and wash all utensils and other articles used for or about a deer to which the notice relates within such time and in such manner as may be specified in the notice.
2
Where an appropriate officer has reasonable grounds for supposing that a deer which is on, or which has been on, any premises which are used for any show, exhibition, market, sale or fair, is an affected animal or has been exposed to the infection of tuberculosis, he may, by notice in writing served on the occupier of such premises, require him–
a
to ensure that any part or parts of the premises specified in the notice shall not be used by any other deer for such period as may be so specified;
b
at his own expense, and within such time and in such manner as may be specified in the notice–
i
to cleanse and disinfect such part or parts of the premises as may be so specified;
ii
to dispose of any manure, slurry or other animal waste, straw, litter or other matter which, to his knowledge, has or might have come into contact with such deer.
3
If any person on whom a notice is served under paragraphs (1)(b) or (2) above fails to comply with the requirements of the notice, the appropriate Minister may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the appropriate Minister for the purpose of making good the default shall be recoverable by him as a civil debt from the person in default.
4
A notice served under paragraph (1)(b)(i) or (ii) above shall remain in force until withdrawn by a further notice in writing served by an appropriate officer on the owner or person in charge of the deer to which that notice relates.
Prohibition on movement of deer and carcases
10
1
A veterinary inspector may, by notice in writing served on the owner or person in charge of any deer kept on such premises as are specified in the notice, prohibit the movement of any deer or carcases on to or off such premises, except under the authority of a licence issued by an appropriate officer and in accordance with any conditions subject to which the licence is issued.
2
A notice served under paragraph (1) above shall remain in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the deer to which that notice relates.
Manure, slurry etc.
11
Where a notice has been served on the owner or person in charge of any deer under the provisions of article 10(1) above which prohibits the movement of such deer off the premises specified in the notice except under the authority of a licence, no manure, slurry or other animal waste shall be removed from such premises except under the authority of a licence issued by the appropriate officer and in accordance with any conditions subject to which such licence is issued.
Suspected animals in markets, shows and sales
12
1
Where a veterinary inspector has reasonable grounds for supposing that a deer on any premises at which a show, exhibition, market, sale or fair is being held, is infected with, or has been exposed to the infection of tuberculosis, he may require that deer to be removed from those premises, and (as the owner or person in charge of the deer may elect) taken either–
a
back to the premises from which the deer was brought to the show, exhibition, market, sale or fair; or
b
to such other premises as may be approved by the appropriate officer for the purpose.
2
A deer shall only be moved in accordance with the provisions of paragraph (1)(a) or (b) above on condition that it is immediately put into isolation for a period to be terminated by a notice in writing served on the owner or person in charge of the said deer by an appropriate officer.
Identification of deer
13
1
Subject to paragraph (3) below, the owner of a deer which is kept on a deer farm (whether or not that deer is a farmed deer) shall mark or identify the deer in a manner approved by the appropriate Minister and shall thereafter maintain such mark or identification so as to be clearly legible.
2
No person shall move a deer on to or off any premises unless it is marked or identified in a manner approved by the appropriate Minister.
3
The requirement in paragraph (1) above shall not apply in relation to any deer less than 16 weeks old.
4
In this article–
a
“deer farm” means any land on which farmed deer are kept; and
b
“farmed deer” means any deer which–
i
are kept by any person by way of business on land enclosed by a deer-proof barrier; and
ii
are kept by him —
for sale; or
primarily for the purpose of the production of meat or other foodstuffs or skins or other by-products; or
primarily for breeding purposes;
Restriction on the sale of unidentified deer in markets
14
The owner of a deer shall not expose it for sale or cause or permit it to be exposed for sale in any market or sale-yard unless–
a
the deer has been marked or identified in accordance with the provisions of article 13(2) above; and
b
such mark or identification is so maintained as to be clearly legible.
Production of licences
15
Where a deer is moved under the authority of a licence issued under this Order–
a
the deer shall be accompanied throughout such movement by the licence; and
b
the person in charge of the deer being so moved shall, on demand made under this Order by an appropriate officer, or by an inspector of the local authority or by a member of a police force furnish his name and address and shall produce the licence and allow a copy thereof or extract therefrom to be taken.
Enforcement by local authority
16
This Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Offences
17
Any person who, without lawful authority or excuse, proof of which shall lie on him–
a
defaces, obliterates or removes any mark or identification as is referred to in article 6(2)(c), 6(3) or 13 above; or
b
contravenes any provision of this Order or of a licence issued or of a notice served under this Order; or
c
fails to comply with any such provision or with any condition of any such licence or notice or with any requirement made under this Order;
d
causes or permits any such contravention or non-compliance,commits an offence against the Act.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd May 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
17th May 1989.
Peter Walker
Secretary of State for Wales
18th May 1989


text:
1
This Order may be cited as the Foreign Compensation (Financial Provisions) Order 1989 and shall come into force on 30th March 1989.
2
The Foreign Compensation Commission shall pay into the Consolidated Fund not later than 31st March 1989 out of the compensation funds named in Column 1 of the Schedule to this Order the amounts specified in Column 2 of the Schedule which are hereby determined to be the amounts of the expenses of the Commission during the periods specified in Column 3 of the Schedule attributable to the discharge by the Commission of their functions in relation to the distribution of sums from those compensation funds.
G. I. de Deney
Clerk of the Privy Council


text:
1
The Lancashire County Council (Improvement of Eanam/Higher Eanam, Blackburn – New Eanam Canal Bridge) Scheme 1987 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; the Director (Transport), Department of Transport, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE; the Lancashire County Council, Christ Church Precinct, County Hall, Preston; and Blackburn Borough Council, Town Hall, Blackburn.
3
The Scheme will become operative on the date on which notice that it has been made is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Lancashire County Council (Improvement of Eanam/Higher Eanam, Blackburn – New Eanam Canal Bridge) Scheme 1987 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
28th November 1989


text:
Title and commencement
1
This Order may be cited as the Warble Fly (England and Wales) (Amendment) Order 1989 and shall come into force on 1st March 1989.
Amendment of the Warble Fly (England and Wales) Order 1982
2
The Warble Fly (England and Wales) Order 1982 shall be amended as follows –
a
after paragraph (2) of article 2 (interpretation) there shall be inserted the following paragraph –
3
For the purposes of this Order any premises which are partly within and partly outside a radius referred to in this Order shall be deemed to be wholly within such radius.
;
b
for paragraph (3) of article 5 (service of notices in Form A) there shall be substituted the following paragraph –
3
If, on completing the inquiry, the veterinary inspector is satisfied that an affected animal or an affected carcase is present or within the previous 56 days has been present on the premises he may serve a notice in Form A –
a
on the owner or person in charge of any animal on the premises; and
b
on the owner or person in charge of any animal which is kept on any premises which are within a 3 km radius of the premises on which the affected animal or affected carcase is or has been present.
; and
c
after article 5 there shall be inserted the following article –
66C.26
5A
Where, on examination by an officer of the Ministry, a sample of blood taken from an animal is found to indicate warbly fly infestation in that animal a veterinary inspector may serve a notice in Form A -
a
on the owner or person in charge of that animal;
b
on the owner or person in charge of any other animal which is kept on the same premises as that animal; and
c
on the owner or person in charge of any animal which is kept on any premises which are within a 3 km radius of the premises on which that animal is kept.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd February 1989.
(L.S.)
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
23rd February 1989


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 1989 and shall come into force on 10th April 1989 immediately after the coming into force of the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1989 .
Amendment of Regulations
2
In column (2) of Table B in Schedule 1 to the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 , in the entry relating to paragraph 11 of Schedule 3 to the Income Support (General) Regulations 1987 –
a
for “£11.20” there shall be substituted “£12.50”;
b
for “£6.45” in both places where it occurs there shall be substituted “£7.20”;
c
for “£3.00” there shall be substituted “£3.35”.
Signed by the authority of the Secretary of State for Health.
D. Mellor
Minister of State,
Department of Health
6th April 1989


text:
Citation and commencement
1
This Order may be cited as the Nurses, Midwives and Health Visitors (Parts of the Register) Amendment (No. 2) Order 1989 and shall come into force on 1st September 1989.
Amendment of Order
2
1
The Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983 , shall be amended in accordance with the following paragraphs of this article.
2
After article 1 (citation and commencement) there shall be inserted the following article:
Interpretation
1A
In this Order the expression “course of preparation” shall have the same meaning as in the Nurses, Midwives and Health Visitors Rules 1983 .
.
3
In Schedule 1 (Parts of the Register) after the entry for “Part 11 — Health visitors” there shall be added the following entries:–
Part 12
Nurses qualified following a course of preparation in adult nursing.
Part 13
Nurses qualified following a course of preparation in mental health nursing.
Part 14
Nurses qualified following a course of preparation in mental handicap nursing.
Part 15
Nurses qualified following a course of preparation in children’s nursing.
.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
7th August 1989


text:
1
This Order may be cited as the Immigration (Variation of Leave) (Amendment) Order 1989 and shall come into force on 8th July 1989.
2
The Immigration (Variation of Leave) Order 1976 shall be varied as follows:
a
in article 3(1), for the words after “twenty-eighth day after”, there shall be substituted the words “either the date of the decision on the application or, if the application is withdrawn, the date of the withdrawal of the application.”; and
b
in article 3(2)(c), at the end there shall be added the words “and he has no other concurrent period of leave.”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
14th June 1989


text:
1
This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 1989 and shall come into force on 1st August 1989.
2
Paragraph 1(a) of the Schedule to the Non-Contentious Probate Fees Order 1981 shall be amended by the substitution for the words “2.50 per £1,000 or part thereof” with the figure “215.00”.
3
For paragraph 1(b) of the Schedule to the Non-Contentious Probate Fees Order 1981 there shall be substituted the following sub-paragraph–
b
if the assessed value exceed £100,000 but does not exceed £200,000
300.00
and, for every additional £100,000 or part thereof, a further fee of
50.00
.
Mackay of Clashfern, C.
Dated 28th June 1989
We concur,
Lane, C.J.
Donaldson, M.R.
N. Browne-Wilkinson
Stephen Brown, P.
Dated 26th June 1989
We concur,
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 28th June 1989


text:
1
This Order may be cited as the Road Traffic (Driver Licensing and Information Systems) Act 1989 (Commencement No. 1) Order 1989.
2
The provisions of the Act specified in the Schedule to this Order shall come into force on 8th November 1989.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
6th October 1989


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 1989 and shall come into force on 5th April 1989.
2
Subject to article 3 of this Order, the town council of Northam may bear and use the armorial bearings which were immediately before 1st April 1974 borne and used by Northam urban district council.
3
Armorial bearings shall not be borne or used pursuant to article 2 of this Order until they have been exemplified according to the laws of arms and recorded in the College of Arms.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 3) Order 1989.
2
In this Order “ the Act ” means the Local Government and Housing Act 1989.
3
The following provisions of the Act shall come into force on 16th January 1990 —
section 18,
section 20,
section 22,
section 31,
Part IV, subject to the transitional provisions in Schedule 1 to this Order,
section 99,
section 137,
section 138,
section 160,
section 162,
section 165(1) in so far as it relates to paragraphs 56(1) and (2) of Schedule 9 and, for the purposes only of section 369 of the Housing Act 1985 , paragraph 44 of that Schedule,
section 167 and 168,
section 171,
section 172(6), (7) and (8),
section 175,
section 180,
section 182,
section 194 in so far as it relates to paragraphs 28(4), 35(4), 37, 42, 49, 53(1), 58, 77 to 84, 89, 103, 107 and 109 to 112 of Schedule 11 and to the repeals in Part II of Schedule 12 specified in Schedule 2 to this Order, and
paragraphs 49(3), 60 and 63 of Schedule 5.
4
So much of the following provisions of the Act as confers on the Secretary of State a power to make orders, regulations or determinations, to give or make directions, to specify matters, to require information, to impose conditions or to give guidance or approvals, or makes provision with respect to the exercise of any such power, shall come into force on 16th January 1990 —
section 9,
section 13,
section 14,
section 15,
section 17,
section 19,
section 30,
sections 33 to 36,
sections 67 to 72,
sections 89 to 92,
sections 95 and 96,
section 98,
section 102,
section 104,
sections 109 and 110,
section 115,
section 121,
section 127,
section 130 to 132
section 165(1) in so far as it relates to paragraph 84 of Schedule 9, and
section 194 in so far as it relates to paragraphs 28(3), 35(3) and 88 of Schedule 11.
5
The following provisions of the Act shall come into force on 1st March 1990 —
section 1(1) to (4), (7) and (8),
section 172 in so far as it is not brought into force by article 3, and
section 173.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
20th December 1989