text:
PART I
GENERAL
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1989 and shall come into force on 24th April 1989.
2
These Regulations apply only to fees payable–
a
in connection with applications for the grant, variation or renewal of licences or certificates under Part II of the Act relating wholly or partly to medicinal products for animal use; or
b
in respect of inspections made in connection with applications for the grant, renewal or variation of, or during the currency of any such licence or certificate; or
c
in respect of samples submitted for testing in connection with applications for the grant, renewal or variation of, or during the currency of a product licence.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“the Act” means the Medicines Act 1968 ;
“annual fee” in relation to any product licence means the appropriate amount calculated in accordance with the provisions of Part II of Schedule 4;
“capital fee” means any fee (other than an annual fee) payable under the provisions of these Regulations;
“licence year” means the period beginning with the first day of April and ending with the last day of March of the year next ensuing;
“medicinal product” includes any substance or article specified in any Order made under (a) section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article; or (b) section 130(3A) of the Act which provides that such substance or article shall, or shall not, be treated as a medicinal product.
2
In these Regulations any reference to a regulation or a Schedule shall be construed as a reference to a regulation contained in these Regulations, or as the case may be, to a Schedule thereto, and any reference in a regulation or a Schedule to a paragraph shall be construed as a reference to a paragraph of the regulation or, as the case may be, Schedule.
PART II
CAPITAL FEES FOR APPLICATIONS FOR LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Applications for Licences
3
Subject to regulations 22 and 24, in connection with an application for a product licence, a manufacturer’s licence or a wholesale dealer’s licence there shall be payable by the applicant–
a
the fee prescribed in Part II of Schedule 1 in connection with that application;
b
in respect of any inspection of a description falling within paragraph 1 of Schedule 2 made in connection with that application the fee payable in accordance with paragraphs 2 to 5 of that Schedule; and
c
if appropriate, the fee prescribed in Part III of Schedule 1 in respect of samples submitted for testing at the request of the Licensing Authority in connection with that application.
Applications for Animal Test Certificates
4
Subject to regulation 24, in connection with an application for an animal test certificate, there shall be payable by the applicant a fee of £2,500.
Applications for certificates for exports of medicinal products
5
1
In connection with an application for a certificate issued under section 50 of the Act, there shall be payable by the applicant–
a
if the applicant requests that the certificate be issued within 24 hours of receipt of the application, a fee of £100; or
b
in any other case, a fee of £50; and
c
in either case–
i
a fee of £10 for each certified copy of the original certificate requested by the applicant in excess of four, and
ii
a fee of £50 for each set of certificates requested by the applicant in addition to one.
2
In paragraph (1)(c)(ii) “set of certificates” means the original certificate plus up to four certified copies of that certificate.
PART III
FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Variations of Licences
6
Subject to regulations 8, 9, 22 and 24, in connection with an application under section 30 of the Act for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, there shall be payable by the applicant–
a
the fee prescribed in Part IV of Schedule 1; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Variations of Animal Test Certificates
7
1
Subject to paragraph (2) and regulations 8, 9, 22 and 24, in connection with an application under section 39(4) of the Act for the variation of a provision of an animal test certificate, there shall be payable by the applicant a fee of £200.
2
Where an application is made for a variation to a provision of the animal test certificate and the variation applied for consists of no more than a change of either or both the name and address of the holder of the certificate, there shall be payable by the applicant a fee of £50.
Applications for Multiple Variations
8
A separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same licence or certificate which is applied for in the same application.
Variations at the Invitation of the Licensing Authority
9
Where an application for a variation is made at the express written invitation of the Licensing Authority, no fee shall be payable under this Part of these Regulations.
PART IV
FEES FOR APPLICATIONS FOR RENEWALS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Renewal of Licences
10
Subject to regulations 12, 22 and 24, in connection with an application under section 24(2) of the Act for renewal of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, there shall be payable by the applicant–
a
the appropriate fee prescribed in Part V of Schedule 1; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with that application a fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Renewal of Certificates
11
Subject to regulations 12 and 24, in connection with an application under section 38(2) of the Act for renewal of an animal test certificate there shall be payable by the applicant a fee of £500.
Renewals in terms which are not identical to the existing licence or certificate
12
Where an applicant applies for renewal of a licence, or as the case may be, an animal test certificate so as to contain provisions which are not identical to that licence or certificate as in force at the date of that application, the fee payable under this Part of these Regulations shall be increased by an amount equal to the fee which would have been payable under Part III of these Regulations had he made a separate application for each variation of that licence or certificate.
PART V
FEES FOR INSPECTIONS MADE DURING THE CURRENCY OF A LICENCE
13
1
Subject to paragraph (4) and to regulations 22 and 24, a fee in accordance with paragraphs 2 to 5 of Schedule 2 shall be payable in respect of any inspection of a site made during the currency of a product licence, a manufacturer’s licence or a wholesale dealer’s licence (except for any inspection in respect of which a fee is otherwise payable under Parts III or IV of these Regulations).
2
The fee payable under paragraph (1) in respect of an inspection of a site made during the currency of a manufacturer’s licence or a wholesale dealer’s licence shall be payable by the holder of the manufacturer’s licence or, as the case may be, the wholesale dealer’s licence.
3
Where a fee is payable under paragraph 1 in respect of an inspection of a site located outside the United Kingdom, the fee shall be payable in equal proportions by each holder of a product licence in which that site is named as a possible site for manufacture of the medicinal product in respect of which the product licence is granted.
4
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned, which were required in writing by the Licensing Authority as the result of that previous inspection, have been implemented.
PART VI
FEES FOR BATCH CONTROL TESTING DURING THE CURRENCY OF A LICENCE
14
1
A fee calculated in accordance with paragraph (2) shall be payable in respect of each product licence held, in which, as a condition of that licence there is a requirement that the licence holder shall submit for testing samples of each batch of the medicinal product which he has manufactured.
2
During any licence year the fees referred to in paragraph (1) shall be–
a
for the first sample and up to and including three samples, a fee of £600, payable by the licence holder at the time the first sample is submitted for testing;
b
for four samples and up to and including ten samples, an additional fee of £200, payable by the licence holder at the time the fourth sample is submitted for testing;
c
for ten samples or more, a further additional fee of £200 payable by the licence holder at the time the tenth sample is submitted for testing.
PART VII
ANNUAL FEES
Product Licences — annual fee
15
1
Subject to paragraph (3) and regulation 24 in connection with any application for the grant or renewal of any product licence there shall be payable by the applicant an annual fee in respect of each licence year during any part of which a product licence, granted or renewed in pursuance of the application is in force, or a product licence already held by the applicant, is in force, save that no annual fee shall be payable in respect of the licence year during which the last to expire of such product licences expires if that licence expires on a date earlier than the anniversary of that date on which that licence was granted which falls in that licence year.
2
The annual fee shall be calculated in accordance with Schedule 4.
3
The annual fee may be adjusted or refunded in any of the circumstances set out in Schedule 5. PART VIII ADMINISTRATION
Payment of fees to Ministers
16
Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Agriculture Ministers specified in section 1(1)(b) of the Act as appropriate.
Time for payment of capital fees in connection with applications or inspections and refunds of such fees
17
1
Subject to paragraphs (2) and (3), all sums payable by way of capital fees under these Regulations in connection with any application shall be payable at the time of the application.
2
If, following either the determination of an application or an inspection, it becomes apparent that–
a
a lesser fee was properly payable, the excess shall be refunded to the applicant, or as the case may be, the holder of the licence or certificate concerned; or
b
a higher fee was properly payable, the balance due shall be payable within 14 days following written notice from the Licensing Authority to the applicant or, as the case may be, the holder of the licence or certificate concerned.
3
All sums payable by way of fees in respect of inspections made either in connection with an application or during the currency of a licence or certificate or in respect of samples submitted for testing shall become payable within 14 days following written notice from the Licensing Authority.
Time for payment of annual fees
18
1
Subject to paragraphs (2) and (3), all annual fees shall be payable on 1st April of the licence year to which they relate: Provided that the annual fee payable under these Regulations for the licence year beginning 1st April 1989 shall not become payable until 1st September 1989.
2
Subject to the proviso to paragraph (1), where an applicant first becomes liable to make any payment by way of annual fees of a particular kind during the course of a licence year, such fees shall be payable forthwith.
3
Where an application is made by an applicant who has not previously held a product licence he shall be liable to pay a sum at the basic rate referred to in Part II of Schedule 4 at the time of the application in respect of the licence year in which the licence is granted.
Late payment of annual fees
19
1
Where an annual fee has not been paid by the holder or former holder of the licence by the end of the period of three months from the due date, a further fee, calculated in accordance with the provisions of the following paragraphs, shall be payable.
2
The further fee referred to in the preceding paragraph shall be an amount equivalent to 1 per cent of the annual fee payable multiplied by the number of complete months contained in the period from the day after the end of the period of three months from the due date until the date when the annual fee is paid, rounded down to the nearest £10. Where the annual fee payable is less than £10, no such fee shall be payable.
3
Where the holder or former holder of a licence has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 4 so that the annual fee payable in respect of a licence year cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him (in this regulation referred to as a “payment on account”).
4
Where the holder or former holder of a licence has made a payment on account in the circumstances mentioned in the preceding paragraph the further fee payable by him shall be calculated as if in paragraph (2) above the reference to the annual fee payable were to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation–
a
“due date” means the date upon which an annual fee became payable in accordance with the provisions of these Regulations;
b
references to a period calculated from a day are references to the period inclusive of that day.
Suspension of Licences
20
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the Licensing Authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the Licensing Authority may allow, the said sum remains unpaid, the Licensing Authority may forthwith suspend the licence or certificate until such sum has been paid.
Civil proceedings to recover unpaid fees
21
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
Waiver, Reduction or Refund of Fees
22
The Licensing Authority may waive payment of, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in exceptional circumstances or in any of the circumstances specified in Schedule 3.
PART IX
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and Savings
23
1
Subject to paragraph (2), the Regulations specified in Schedule 6 are hereby revoked in so far as they apply in relation wholly or partly to medicinal products for animal use.
2
Paragraph (1) shall not affect–
a
any annual fee or part of such a fee under any of the Regulations specified in Schedule 6;
b
any notice given or any suspension made under the Regulations specified in Schedule 6 and any such notice or suspension shall have effect as if given or made under these Regulations; and
c
any proceedings constituted under the Regulations specified in Schedule 6 for the recovery of any fees due as debts due to the Crown.
Transitional provisions
24
1
Subject to paragraphs (2) and (3), these Regulations shall not apply to any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made or any sample testing required after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application is made before the date these Regulations come into force to review a licence or certificate which is due to expire on or after 1st October 1989 a fee shall be payable in accordance with Part IV of these Regulations in connection with that application within 14 days following written notice from the Licensing Authority.
Kenneth Clarke
Secretary of State for Health
23rd March 1989
Peter Walker
Secretary of State for Wales
20th March 1989
Sanderson of Bowden
Minister of State, Scottish Office
22nd March 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland 30th March 1989.
Zelma I. Davies
Under Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland 30th March 1989.
J. C. Chalmers
Under Secretary
We consent,
Kenneth Carlisle
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1989


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Fire Precautions Act 1971 (Modifications) (Revocation) Regulations 1989 and shall come into force on 1st April 1989.
2
The Fire Precautions Act 1971 (Modifications) Regulations 1976 are hereby revoked.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
20th January 1989


text:
1
This Order may be cited as the Representation of the People (Welsh Forms) Order 1989 and shall come into force on 21st April 1989.
2
The Elections (Welsh Forms) Order 1970 is hereby revoked.
3
In this Order “the 1983 Act ” means the Representation of the People Act 1983 .
4
Each of the forms set out in Schedule 1 to this Order is hereby prescribed as the version partly in Welsh and partly in English which shall be used:
a
in the case of form 1, at a parliamentary election in Wales in place of the notice required by rule 29(5) of the parliamentary elections rules in Schedule 1 to the 1983 Act (voting compartment notice) ;
b
in the case of form 2, as the proxy paper to be issued by the registration officer in Wales in place of form D (proxy paper) in Schedule 2 to the Representation of the People Regulations 1986 ; and
c
in the case of forms 3, 4 and 5, at a parliamentary election in Wales in place of forms H, J and K (declarations of identity), respectively, in Schedule 2 to the Representation of the People Regulations 1986.
5
Each of the forms set out in Schedule 2 to this Order is hereby prescribed as the Welsh version which may be used at a parliamentary election in Wales in place of the forms prescribed by the following provisions in the parliamentary elections rules in Schedule 1 to the 1983 Act, which provisions are:
a
in the case of form 1, rule 35(1)(a),
b
in the case of form 2, rule 35(1)(b),
c
in the case of form 3, rule 35(2),
d
in the case of forms 4, 5 and 6, the form of nomination paper, the form of directions for the guidance of the voters in voting and the form of declaration to be made by the companion of a blind voter, respectively, set out in the Appendix to those rules.
6
The forms set out in Schedules 1 and 2 to this Order, except forms 1, 2 and 3 in Schedule 2, may be used with such modifications as circumstances require.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
9th March 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Surrey Water (Constitution and Regulation) Order 1989 and shall come into force on 11th December 1989.
2
In this Order –
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved for the purposes of section 101(2) of the Act.
Cessation of local statutory provisions
3
The date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 11th December 1989.
Consequential provision
4
The provisions of the East Surrey Water Acts and Orders 1862 to 1987 mentioned in Schedule 2 hereto shall be repealed to the extent indicated in that Schedule with effect from the date mentioned in article 3.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
14th November 1989


text:
1
These Regulations may be cited as the European Parliamentary Elections (Returning Officers' Expenses) Regulations 1989, and shall come into force on 13th June 1989.
2
These Regulations shall not extend to Northern Ireland.
3
Unless the context otherwise requires, in these Regulations
“European Parliamentary constituency” means a constituency for the time being specified in an Order in Council made, or having effect as if made, under paragraph 4B of Schedule 2 to the European Parliamentary Elections Act 1978 ;
“European Parliamentary election” means the election of a representative to the European Parliament;
“Parliamentary constituency” means an area having separate representation in the House of Commons;
and other expressions have the same meaning as in the Representation of the People Act 1983 and the European Parliamentary Elections Act 1978.
4
The maximum charges to which a returning officer for a European Parliamentary election shall be entitled are: —
a
in respect of services rendered by him for the purposes of or in connection with the election, the amounts specified in Part A of Schedule 1 to these Regulations; and
b
in respect of expenses incurred by him for the purposes of or in connection with the election, the amounts specified in Part B of the said Schedule.
5
Where a returning officer discharges functions in accordance with regulation 97(4) of the Representation of the People Regulations 1986 or regulation 95(4) of the Representation of the People (Scotland) Regulations 1986 (combined European Parliamentary and parliamentary and local government elections), the maximum charges to which he shall be entitled in respect of those functions are:
a
in respect of services rendered by him, the amounts specified in Part A ofSchedule 2 to these Regulations; and
b
in respect of expenses incurred by him, the amounts specified in Part B of the said Schedule.
6
The European Parliamentary Elections (Returning Officers' Expenses) Regulations 1984 are hereby revoked.
Stephen Dorrell
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Severe Disablement Allowance (Amendment) and Local Councillors Consequential) Regulations 1989 and shall come into force on 9th October 1989.
2
In these Regulations–
“councillor” and “councillor’s allowance” have the same meanings as they have in paragraph 2(6) of Schedule 8 to the Social Security Act 1989; and
“the Severe Disablement Allowance Regulations ” means the Social Security (Severe Disablement Allowance) Regulations 1984 .
Amendment of The Severe Disablement Allowance Regulations
2
1
The Severe Disablement Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
After paragraph 1 of regulation 2 (interpretation) there shall be added the following paragraph–
1A
In these Regulations, “councillor” and “councillor’s allowance” have the same meanings as they have in paragraph 2(6) of Schedule 8 to the Social Security Act 1989 .
.
3
After regulation 7 (days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance) there shall be inserted the following regulation–
Treatment of duties as a councillor as a day of incapacity for work
7A
A person who is a councillor shall be treated as incapable of work for the purposes of subsections 2(b) and 3(b) of section 36 of the Social Security Act 1975 on any day on which he undertakes work as a councillor, and which would, but for this regulation, have been a day on which he was regarded as not incapable of work solely by reason of the work he undertook as a councillor.
.
4
After regulation 8 (circumstances in which a person is to be treated as receiving full-time education) there shall be inserted the following regulation–
Severe disablement allowance for persons who are councillors
8A
Where the amount of a councillor’s allowance to which a person is entitled in respect of any week exceeds the sum for the time being specified in regulation 3(3) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations , then an amount equal to the excess shall be deducted from the amount of any severe disablement allowance to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable.
.
Treatment of a local councillor’s allowance paid otherwise than weekly
3
1
Where a councillor’s allowance is paid otherwise than weekly, an amount calculated in accordance with the following provisions of this regulation shall be regarded as the weekly amount of that allowance.
2
In the case of an attendance allowance, the weekly amount shall be the amount paid in respect of attendances undertaken in respect of the week in question.
3
In the case of a special responsibility allowance, the weekly amount shall be calculated–
i
where the allowance is paid annually, by dividing the amount paid by 52;
ii
where the allowance is paid quarterly, by dividing the amount paid by 13;
iii
where the allowance is paid monthly, by multiplying the amount by 12 and dividing by 52; and
iv
in any other case, by dividing the amount of the allowance by the number of days in the period and multiplying it by 7.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th September 1989


text:
Citation and commencement
1
This Order may be cited as the East Lewis Salmon Fishery District Designation Order 1989 and shall come into force on 6th November 1989.
Designation of East Lewis Salmon Fishery District
2
1
The area described in the Schedule to this Order is designated as a salmon fishery district to be known as the East Lewis Salmon Fishery District.
2
The existing salmon fishery districts of the River Creed or Stornoway and River Laxay and of the River Greiss, being salmon fishery districts superseded by the East Lewis Salmon Fishery District, are abolished.
Application of Regulations
3
The general regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868( ) as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 shall have effect in relation to the East Lewis Salmon Fishery District as they had effect, immediately before the coming into force of this Order, in the districts abolished by article 2(2) of this Order.
Annual close time
4
The annual close time for the East Lewis Salmon Fishery District shall be the period from 27th August to 10th February, both dates inclusive, in each year, and the period within that time when it is permitted to fish for and take salmon by rod and line shall be the period from 27th August to 31st October, both dates inclusive, in each year.
T J Kelly
Assistant Secretary Scottish Office
Department of Agriculture and Fisheries for Scotland
Pentland House,
Edinburgh
10th October 1989


text:
1
The (A5) London-Holyhead Trunk Road and Slip Roads and the (A49) Newport-Shrewsbury-Whitchurch-Warrington Trunk Road (AS/A49 Shrewsbury By-Pass and Improvements) Order 1985 is amended so as to —
a
substitute for Schedule 4 to that order the Schedule to this order;
b
substitute for the part of the route of the main new trunk road described in paragraph (1) of Schedule l to that order and shown on site plan B of the deposited plan referred to in that order which lies between a point 100 metres north east of its junction with the A5 trunk road to a point 800 metres north east of that junction, the route shown by a heavy black line on the deposited plan referred to article 2 below.
2
In this Order —
1
the measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2WM123 marked “The (A5) London-Holyhead Trunk Road and Slip Roads and the (A49) Newport-Shrewsbury-Whitchurch-Warrington Trunk Road (A5/A49 Shrewsbury By-Pass and Improvements) Order 1985 (Emstrey Amendment) 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;
3
This Order shall come into force on 5th January 1990 and may be cited as the (A5) London-Holyhead Trunk Road and Slip Roads and the (A49) Newport-Shrewsbury-Whitchurch-Warrington Trunk Road (A5/A49 Shrewsbury By-Pass and, improvements) Order 1985 (Emstrey Amendment) Order 1989.
Signed by authority of the Secretary of State
D. A. Ritchie
Regional Director West Midlands Region
Department of Transport
7th December 1989


text:
1
These Regulations may be cited as the Excise Duties (Small Non-Commercial Consignments) Relief (Amendment) Regulations 1989 and shall come into force on 1st January 1990.
2
In regulation 3(2) of the Excise Duties (Small Non-Commercial Consignments) Relief Regulations 1986 –
a
in sub-paragraph (2)(a) for “£71” there shall be substituted “£75”.
P.G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th December 1989


text:
1
These Regulations shall come into force on 7th August 1989 and may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 1989.
2
For the definition of “ ATP ” in regulation 2 (Interpretation and transitional provision) of the International Carriage of Perishable Foodstuffs Regulations 1985 there shall be substituted the following definition–
“ATP” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment used for such Carriage (ATP) concluded at Geneva on 1st September 1970 as amended pursuant to article 18 of the agreement and as further amended pursuant to that article by amendments to Annex 1, appendices 1 and 2 which came into operation on 6th July 1989
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
6th July 1989


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1989 and shall come into force on 10th April 1989.
Amendment of Regulations
2
1
Part II of Schedule 1 to the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (calculation of requirements) is amended in accordance with the following paragraphs of this regulation.
2
In paragraph 4 there are added after the words“column 2” the words“except that where a claimant or his partner is liable to a personal community charge under section 8 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 or a collective community charge under section 11 of that Act the provisions of those Regulations shall be applied in accordance with the modifications specified in the corresponding entries in column 2 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 ”.
3
In Table B, in column (2) for the words“As if in paragraph 1” to“omitted” where they appear in relation to the entry in column (1)“Schedule 3”, there are substituted the following words:–
As if in paragraph 1–
for sub-paragraph (aa) there were substituted–
aa
payments of interest and capital under a hire purchase agreement to buy the dwelling occupied as a home;
; and
after sub-paragraph (h) there were added–
i
mortgage capital payments;
j
payments in respect of an endowment policy in connection with the purchase of the dwelling occupied as the home;
k
payments by way of rent which do not otherwise fall within sub-paragraph (c) or (e) of this paragraph;
l
80 per cent of the general rates payable in respect of the dwelling occupied as the home.
.
As if paragraphs 5(a), 7 and 8 were omitted.
As if in paragraph 9(1) for the words“paragraph 1(c) to (h)” there were substituted the words“paragraph 1(c) to (h) and (k)”.
As if paragraph 10 were omitted.
As if in paragraph 11–
for sub-paragraph (1)(a) and (b) there were substituted–
a
in respect of a non-dependant aged 18 or more who is in remunerative work or is a person to whom regulation 3(3) applies (non-dependants), £11.20;
b
in respect of a non-dependant aged 18 or more to whom (a) does not apply–
i
except where sub-paragraph (ii) applies, £6.45;
ii
where the non-dependant is aged under 25 and is in receipt of income support, £3.00.
;
in sub-paragraph (2) for the words“the deduction specified in sub-paragraph (1)(b) appropriate in his case” there were substituted“£6.45”; sub-paragraphs (7)(d) and (e) were omitted.
Signed by the authority of the Secretary of State for Health
D. Mellor
Minister of State
Department of Health
20th March 1989


text:
1
This Order shall come into force on 7th June 1989 and may be cited as the Consular Fees (Amendment) Order 1989.
2
Part IX of the table of consular fees in the Schedule annexed to the Consular Fees Order 1989 shall be amended as follows–
in Fee 46 the words“payable to” shall be replaced by the words“payable by”.
G. I. de Deney
Clerk of the Privy Council


text:
1
On the operative date–
1
each of the lengths of trunk road described in the Schedule to this Order and shown on the deposited plan by broad striped hatching and by the reference letter opposite the description in that Schedule shall cease to be a trunk road;
2
the lengths of trunk road in respect of which the reference letters A and D are stated shall become classified as a classified road;
3
the length of trunk road in respect of which the reference letter C is stated shall become classified as a principal road.
2
In this Order–
i
“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;
ii
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the 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;
iii
“the deposited plan”
means the plan numbered HA10/EM50 marked “The A6 Trunk Road (Market Harborough Bypass) 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;
iv
“the operative date”
means the date on which the Secretary of State notifies the County Council of Leicestershire that the trunk road to be constructed by the Secretary of State in pursuance of The A6 Trunk Road (Market Harborough Bypass) Order 1989 is open for through traffic.
3
This order shall come into force on 26th October 1989 and may be cited as The A6 Trunk Road (Market Harborough Bypass) Detrunking Order 1989.
Signed by authority of the Secretary of State 20th September 1989
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport


text:
Citation and Commencement
1
These Regulations may be cited as the Outer Space Act 1986 (Fees) Regulations 1989 and shall come into force on the day following that on which they are made.
Interpretation
2
In these Regulations:
“ the Act ” means the Outer Space Act 1986;
“further education” has the meaning given in section 41 of the Education Act 1944 ;
“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;
“school” has the meaning given in section 114 of the Education Act 1944 ;
“university” has the same meaning as in the Education Reform Act 1988 .
Prescribed Fee
3
1
A fee of £1,000 shall be paid to the Secretary of State on the grant of a licence under the Act where application is or was made for the licence on or before 31st July 1989.
2
A fee of £1,000 shall be paid to the Secretary of State on an application for a licence under the Act where application is made for the licence after 31st July 1989.
Educational Institutions
4
These Regulations shall not apply in respect of an application for a licence made by, or in respect of a licence granted to:–
a
a school,
b
an institution for the provision of higher education, including a university, or
c
an institution for the provision of further education,
to carry on an activity to which the Act applies for the purpose of scientific research or teaching.
Douglas Hogg
Minister of State,
Department of Trade and Industry
31st July 1989


text:
Citation and commencement
1
This Order may be cited as the Education (Modification of Enactments Relating to Employment) Order 1989 and shall come into force on 1st September 1989.
Interpretation
2
In this Order, unless the context otherwise requires–
1
“ the Act ” means the Education Reform Act 1988;
“governing body” means the governing body for the time being of an institution which provides higher education or further education (or both) and which is maintained by a local education authority or of a school which is so maintained, and references in relation to governing bodies to the local education authority are references to the local education authority by which the institution or school is maintained; and
“school” has the meaning assigned to it by section 114 of the Education Act 1944 ;
2
references to employment powers are references to the powers as to appointment, suspension, discipline and dismissal of staff conferred by or under sections 44, 45, 46, 148 and 149 of, and Schedule 3 and paragraph 4 of Schedule 4 to, the Act; and
3
references to governing bodies with delegated budgets are references to governing bodies to whom powers as to the expenditure of the budget share of the school or institution for which they are responsible are for the time being delegated by virtue of sections 36 or 142 of the Act, or to whom powers in relation to the budget shares of new schools are for the time being delegated by section 48 thereof and Schedule 4 thereto, as the case may be.
General modifications of employment enactments
3
1
In their application to governing bodies with delegated budgets, the enactments set out in the Schedule hereto shall have effect as if–
a
any reference (however expressed) to an employer, a person by whom employment is offered, or a principal included a reference to the governing body acting in the exercise of their employment powers and as if that governing body had at all material times been such an employer, person or principal;
b
in relation to the exercise of the governing body’s employment powers, employment by the local education authority at a school or institution were employment by the governing body of that school or institution;
c
references to employees were references to employees at the school or institution in question;
d
references to dismissal by an employer included references to dismissal by the local education authority following notification of a determination by a governing body under paragraph 8(1) of Schedule 3 to, or section 148(6) of, the Act; and
e
references to trade unions recognised by an employer were references to trade unions recognised by the local education authority or the governing body.
2
Nothing in paragraph (1) shall be taken as causing the governing body to meet the conditions stated in–
a
section 56A(1)(a) of the Employment Protection (Consolidation) Act 1978 ; or
b
section 2(3)(b) of the Employment Act 1980 ;
if it would not have done so but for the operation of that paragraph.
Dismissals
4
Without prejudice to the generality of article 3, where an employee employed at a school or institution with a governing body with a delegated budget is dismissed by the local education authority following notification of such a determination as if mentioned in article 3(1)(d) above–
a
section 53 of the Employment Protection (Consolidation) Act 1978 shall have effect as if the governing body had dismissed him and as if references to the employer’s reasons for dismissing the employee were references to the reasons for which the governing body made their determination; and
b
Part V of the Employment Protection (Consolidation) Act 1978 shall have effect in relation to the dismissal as if the governing body had dismissed him, and the reason or principal reason for which the governing body did so had been the reason or principal reason for which they made their determination.
Trade disputes
5
A dispute between staff employed to work at a school or institution which has a governing body with a delegated budget and that governing body which relates wholly or mainly to one or more of the matters set out in section 29(1) of the Trade Union and Labour Relations Act 1974 shall be a trade dispute within the meaning of that Act but, in any case where there is a trade dispute only by virtue of the operation of this article, nothing in section 13 of that Act shall prevent an act from being actionable in tort where, as the case may be, the inducement, interference or threat mentioned in that section relates to a contract the performance of which does not affect directly or indirectly the school or institution over which the governing body in question exercises its functions.
Applications to Industrial Tribunals
6
1
Without prejudice to anything in articles 3 and 4 and notwithstanding any provision in the Employment Protection (Consolidation) Act 1978 or in any regulations made under section 128 of that Act, this article applies in respect of any application to an industrial tribunal, and any proceedings pursuant to such an application, in relation to which by virtue of article 3 or 4 the governing body is to be treated as if it were an employer, person by whom employment is offered, or a principal.
2
The application shall be made, and the proceedings shall be carried on, against that governing body.
3
Notwithstanding paragraph (2), any decision, declaration, order, recommendation or award made in the course of such proceedings except in so far as it requires reinstatement or re-engagement shall have effect as if made against the local education authority.
4
Where any application is made against a governing body pursuant to paragraph (2)–
a
the governing body shall notify the local education authority within 14 days of receiving notification thereof; and
b
the local education authority shall, on written application to the industrial tribunal, be entitled to be made an additional party to the proceedings and to take part in the proceedings accordingly.


text:
Citation and Commencement
1
The Regulations may be cited as the Hovercraft (Fees) Regulations 1989 and shall come into force on 1st October 1989.
Interpretation and Revocation
2
1
In these Regulations, unless the context otherwise requires –
“costs of making an investigation” means any costs incurred by the CAA in making an investigation;
“hoverplatform” means a hovercraft with no installed means of propulsion or directional control and where any external agency providing propulsion or directional control is not itself a hovercraft;
“item” means an engine, propeller, fan, instrument, component, radio apparatus or equipment;
“maximum weight of the hovercraft” means the maximum total weight specified in the relevant application;
“ the Order ” means the Hovercraft (General) Order 1972;
“the weight of the type of hovercraft” means the maximum permissible weight specified in the Type Certificate.
2
The Hovercraft (Fees) Regulations 1987 are hereby revoked.
3
The provisions of the Schedule to these Regulations shall have effect with respect to the fees to be paid in connection with the Certificates and other documents and with tests, inspections, investigations, permissions and approvals, required by or for the purposes of the Order.
4
For the purposes of these Regulations a variation of a document incorporated by reference in a Certificate shall be treated as variation of the Certificate itself.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
29th August 1989
We approve the making of these Regulations.
Kenneth Carlisle
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
4th September 1989


text:
1
The Leeds City Council (Urban Motorway) Special Road Schemes (Revocation) Scheme 1988 is hereby confirmed with modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme are deposited at the Department of Transport and at the offices of Leeds City Council, at the Information Centre, Ground Floor, Civic Hall, Leeds 1.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Leeds City Council (Urban Motorway) Special Road Schemes (Revocation) Scheme 1988 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
6th March 1989


text:
1
This Order may be cited as the St. Helena and Dependencies (Territorial Sea) Order 1989 and shall come into force on 1st January 1990.
2
The boundaries of the Colony of St. Helena and its Dependencies are hereby extended to include, as territorial sea, that part of the sea which is situated within 12 nautical miles of St. Helena and its Dependencies, measured from the baselines as established by articles 3 and 4 of this Order, together with the seabed of the territorial sea and its subsoil.
3
1
Except as otherwise provided in paragraph (2) of this article and in article 4 of this Order, the baseline from which the breadth of the territorial sea adjacent to St. Helena and its Dependencies is measured shall be the low-water line along the coast of all islands comprised in the Colony of St. Helena and its Dependencies.
2
For the purposes of this article a low-tide elevation which lies wholly or partly within the breadth of sea which would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth thereof shall be treated as an island.
4
In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured shall–
a
if the bay has only one mouth and the distance between the low-water lines of the natural entrance points of the bay does not exceed 24 nautical miles, be a straight line joining the said low-water lines;
b
if, because of the presence of islands, the bay has more than one mouth and the distances between the low-water lines of the natural entrance points of each mouth added together do not exceed 24 nautical miles, be a series of straight lines across each of the mouths drawn so as to join the said low-water lines;
c
if neither paragraph (a) nor (b) of this article applies, be a straight line 24 nautical miles in length drawn from low-water line to low-water line within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length.
5
In this Order–
a
“bay” means an indentation of the coast such that its area is not less than that of the semi-circle whose diameter is a line drawn across the mouth of the indentation, and for the purposes of this definition the area of an indentation shall be taken to be the area bounded by the low-water line around the shore of the indentation and the straight line joining the low-water lines of its natural entrance points, and where, because of the presence of islands, an indentation has more than one mouth the length of the diameter of the semi-circle referred to shall be the sum of the lengths of the straight lines drawn across each of the mouths, and in calculating the area of an indentation the area of any islands lying within it shall be treated as part of the area of the indentation;
b
“island” means a naturally formed area of land surrounded by water which is above water at mean high-water spring tides;
c
“low-tide elevation” means a naturally formed area of drying land surrounded by water which is below water at mean high-water spring tides; and
d
“nautical miles” means international nautical miles of 1,852 metres.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Outer Space Act 1986 (Commencement) Order 1989.
2
The day appointed for the coming into force of the Outer Space Act 1986 shall be 31st July 1989.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Trade and Industry
29th June 1989


text:
Citation, commencement and extent
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) Regulations 1989 and shall come into force on 1st August 1989.
2
These Regulations do not extend to Scotland or Northern Ireland.
Interpretation
3
In these Regulations “the Principal Regulations ” means the Capital Transfer Tax (Delivery of Accounts) Regulations 1981 .
Amendments to Principal Regulations
4
In Regulation 3 of the Principal Regulations –
a
in paragraph (b) for “£70,000” there shall be substituted “£100,000”;
b
in paragraph (c) for “£10,000” there shall be substituted “£15,000”;
c
in paragraph (d) for “1st April 1987” there shall be substituted “1st April 1989”.
A J G Isaac
L J H Beighton
Two of the Commissioners of Inland Revenue
27th June 1989


text:
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1989 and come into force on 10th March 1989.
2
The form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 is amended as follows:–
a
the following is substituted for the first sentence of the form–“This notice is for use by certain secure tenants of local authorities and new town development corporations, and of certain housing associations and other bodies, who wish to claim the right to buy their homes.”
b
the list of public sector landlords at the end of the form is amended–
i
by the insertion of the words“Housing action trusts” after the entry“Commission for New Towns”;
ii
by the insertion of the words“AFRC Institute for Grassland and Animal Production” after the entry“Agricultural and Food Research Council”;
iii
by the omission of the words“National Coal Board” and the insertion of the words“British Coal Corporation” after the entry“British Broadcasting Corporation”;
iv
by the insertion of the words“Church Commissioners” after the entry“Civil Aviation Authority”;
v
by the insertion of the words“Historic Buildings and Monuments Commission for England” after the entry“Electricity Council”;
vi
by the insertion of the words“Lee Valley Regional Park Authority” after the entry“Lake District Special Planning Board”;
vii
by the insertion of the words“Sports Council for Northern Ireland” after the entry“Police Authority for Northern Ireland”;
viii
by the omission of the asterisk against the entry“Ministers of the Crown and Government Departments” and of the corresponding footnote.
3
Nothing in these Regulations shall affect the validity of any notice served by a secure tenant under section 122(1) of the Housing Act 1985 before 10th June 1989 if the notice was in the form set out in Schedule 1 to the Regulations mentioned in regulation 2 above, as originally made, or in a form substantially to the like effect.
Nicholas Ridley
Secretary of State for the Environment
15th February 1989
Peter Walker
Secretary of State for Wales
22nd February 1989


text:
Application, citation and commencement
1
1
This Order shall apply to the Sheffield urban development area.
2
This Order may be cited as the Town and Country Planning (Sheffield Urban Development Area) Special Development Order 1989 and shall come into force on27th December 1989.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1971 Act ” means the Town and Country Planning Act 1971;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Sheffield Development Corporation (Area and Constitution) Order 1988 ;
“the development corporation” means the Sheffield Development Corporation;
“the General Development Order ” means the Town and Country Planning General Development Order 1988 ; and expressions used in this Order shall have the meaning which they bear in the General Development Order; and
“new street” has the same meaning as in Part X of the Highways Act 1980 .
Permitted development
3
Subject to the following provisions of this Order development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject —
a
to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;
b
where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading and unloading, provision for the storage of vehicles and containers, and the storage of materials in the open and the landscaping of the site; and
c
where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.
Exception where section 45 order previously made
4
Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5
Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6
1
The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the Sheffield City Council, except where that council have advised the development corporation that they do not wish to be consulted.
2
The development corporation shall, before beginning any development permitted by this Order which, in its opinion, falls within a category set out in the Schedule hereto, or granting any approval required by article 3(b) or (c) of this Order in relation to such development, consult the authority, person or body mentioned in relation to that category, except where the authority, person or body so mentioned has advised the development corporation that they do not wish to be consulted.
3
Where this Order requires the development corporation to consult any authority or other person or body, the corporation shall —
a
give to that authority or other person or body not less than 14 days' notice of the proposed development together with particulars sufficient to identify the site and describe the development and, where the consultation relates to an approval required by article 3(b) or (c) of this Order, particulars of the proposed approval;
b
not begin to carry out the development or grant the proposed approval until the expiration of the period of such notice; and
c
take into account any objections or other representations received from such authority, person or body.
4
Where any objection or representation has been made by an authority or other person or body consulted as aforesaid and has not been withdrawn, the development corporation shall send particulars of the proposed development and, where applicable, of the proposed approval under article 3(b) or (c) of this Order, and of the objection or representation to the Secretary of State in writing, and shall not begin the development or grant any such approval until the Secretary of State has notified the corporation that he does not intend to give a direction under article 7 of this Order in respect of the development.
Directions restricting development permitted by this Order
7
1
If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, he may direct that the permission granted by that article shall not apply to that development.
2
Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the corporation on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.
Chris Patten
Secretary of State for the Environment
24th November 1989


text:
1
These Regulations may be cited as the Air Navigation (General) (Third Amendment) Regulations 1989 and shall come into force on 1st June 1989.
2
The Air Navigation (General) Regulations 1981 shall be amended as follows–
1
For regulation 7(7)(a), there shall be substituted the following–
7
a
i
In the case of a turbine-jet powered aeroplane, the landing distance required does not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on–
aa
the most suitable runway for a landing in still air conditions; and
bb
the runway that may be required for landing because of the forecast wind conditions.
ii
In the case of an aeroplane powered by turbine propeller or piston engines, the landing distances required, respectively specified as being appropriate to aerodromes of destination and alternate aerodromes, do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on–
aa
the most suitable runway for a landing in still air conditions; and
bb
the runway that may be required for landing because of the forecast wind conditions:
Provided that if an alternate aerodrome is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
13th April 1989


text:
1
This Order may be cited as the Hovercraft (General) (Amendment) Order 1989, and shall come into force on 31st August 1989.
2
The Hovercraft (General) Order 1972 is hereby amended as follows–
a
in article 18(3) the following sub-paragraph shall be added at the end–
l
medical equipment to be carried.
;
b
in article 22 all words after “hovercraft” where it secondly appears shall be omitted; and
l
in article 24(2):–
i
in sub-paragraph (c) “or” shall be deleted;
ii
the following shall be added at the end–
or
e
causes any damage.
.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Amendment Order 1989 and shall come into force on 11th November 1989.
Amendment of the principal Order
2
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Order 1989 shall be amended by substituting for the Schedule to that Order (the designated area) the Schedule to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th November 1989.
Derek Andrews
Permanent Secretary Ministry of Agriculture, Fisheries and Food


text:
Citation and commencement
1
This Order may be cited as the War Pensions (Miscellaneous Amendments) Order 1989, and shall come into force on April 1989.
Public Funds to include reference to community charge
2
1
In article 2(9) of the War Pensions (Naval Auxiliary Personnel) Scheme 1964 (meaning of “public funds”) after the words “general or local Act” there shall be inserted the words “moneys provided under the Abolition of Domestic Rates etc. (Scotland) Act 1987 ”.
2
In article 2(26) of the War Pensions (Mercantile Marine) Scheme 1964 (meaning of “public funds”) after the words “general or local Act”, there shall be inserted the words “moneys provided under the Abolition of Domestic Rates etc. (Scotland) Act 1987”.
3
In article 1(10) of the War Pensions (Coastguards) Scheme 1944 (meaning of “public funds”), after the words “general or local Act” there shall be inserted the words “moneys provided under the Abolition of Domestic Rates etc. (Scotland) Act 1987”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
20th March 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the General Practice Finance Corporation (Transfer of Property etc. and Abolition) Order 1989 and shall come into force on 27th February 1989.
2
In this Order –
“ the Act ” means the Health and Medicines Act 1988;
“ the Corporation ” means the General Practice Finance Corporation .
Transfer of property, rights and liabilities of the Corporation
2
On 27th February 1989 all the property, rights and liabilities to which the Corporation is entitled or subject immediately before that date shall become the property, rights and liabilities of the General Practice Finance Corporation Limited, a company which is incorporated under the Companies Act 1985 (registered number 2334210) and is the company nominated for the purposes of section 1 of the Act by the Secretary of State.
Abolition of the Corporation
3
The day appointed for the purposes of section 1(9) of the Act (as the day on which the Corporation shall cease to exist) is 27th February 1989.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
26th January 1989


text:
1
This Order may be cited as the Home Purchase Assistance (Recognised Lending Institutions) Order 1989 and shall come into force on 28th June 1989.
2
Mortgage Express Ltd is hereby added to the list in section 447(1) of the Housing Act 1985.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
30th May 1989
We consent,
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1989


text:
1
1
These Rules may be cited as the Matrimonial Causes (Costs) (Amendment) Rules 1989 and shall come into force on 1st April 1989.
2
In these Rules, unless the context otherwise requires, a rule or Schedule referrred to by number means the rule or Schedule so numbered in the Matrimonial Causes (Costs) Rules 1988 .
2
For rule 11(1), there shall be substituted the following–
1
Subject to the following provisions of this rule, on any taxation of the costs of a litigant in person there may be allowed such costs as would have been allowed if the work and disbursements to which the costs relate had been done or made by a solicitor on the litigant’s behalf together with any payments reasonably made by him for legal advice relating to the conduct of or the issues raised by the proceedings.
.
3
In rule 11(3), for the sum “£6.50”, there shall be substituted the sum “£7.00”.
4
For Schedule 2, there shall be substituted the following Schedule–
SCHEDULE 2
PART I
preparation
Column 1 Column 2 Column 3 High Court County Court
ITEM
1
Writing routine letters
£3.50 per item £3.00 per item
2
Receiving routine letters
£1.75 per item £1.50 per item
3
Routine telephone calls
£3.50 per item £3.00 per item
4
All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties;
obtaining evidence;
preparation and consideration of, and dealing with, documents, negotiations and notices;
dealing with letters written and received and
telephone calls which are not routine
Where the proceedings were conducted in the divorce registry or in another court on the South-Eastern Circuit at the time when the relevant work was done: £38.50 per hour £34.00 per hour All other circuits: £36.00 per hour £32.00 per hour
5
In addition to items 1–4 above, to cover the general care and conduct of the proceedings
+50% +50%
6
Travelling and waiting time in connection with the above matters
£26.50 per hour £24.50 per hour
PART II
conferences with counsel
7
Attending counsel in conference
£31.00 per hour £27.00 per hour
8
Travelling and waiting
£26.50 per hour £24.50 per hour
PART III
attendances
9
Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment
£31.00 per hour £27.00 per hour
10
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment
£46.00 per hour £43.00 per hour
11
Travelling and waiting
£26.50 per hour £24.50 per hour
PART IV
fees for junior counsel
12
With a brief on an unopposed application for an injunction, or procedural issue
Standard £74.00 £64.00 Maximum £122.00 £106.00
13
With a brief on the trial of a cause or matter or on the hearing of an ancillary application or on a children appointment where the hearing lasts for
a
one hour
Standard £111.00 £95.00 Maximum £223.00 £191.00
b
a half day
Standard £154.00 £133.00 Maximum £254.00 £223.00
c
a full day
Standard £307.00 £265.00 Maximum £488.00 £424.00
d
more than a full day
Discretionary Discretionary
14
For each day or part of a day on which the trial of a cause or matter, or the hearing of an ancillary application, or a children appointment, is continued after the first day
Discretionary Discretionary
15
Conference (including time reasonably spent in preparation and conference, but not otherwise remunerated)
Standard £17.00 per ½ hour Standard £15.00 per ½ hour
16
a
Complex items of written work (such as advices on evidence, opinions and affidavits of a substantial nature, requests for particulars or answers)
Standard £80.00 per item Standard £69.00 per item
b
All other written work
Standard £48.00 per item Standard £42.00 per item
17
Except where the court is within 25 miles of Charing Cross or where there is no local Bar in the court town, or within 25 miles thereof, for travelling time
Standard £15.40 per hour+ expenses Standard £13.20 per hour+ expenses
PART V
taxation and review of taxation
18
Preparing the bill (where allowable) and completing the taxation (excluding preparing for and attending the taxation).
£26.50–£74.00 £26.50–£42.50
19
Preparing for and attending the taxation (including travelling and waiting).
Discretionary Discretionary
20
Review by registrar or judge (including preparation)
Discretionary Discretionary
.
Mackay of Clashfern, C.
Stephen Brown, P.
Mathew Thorpe, J.
Joyanne W. Bracewell
Roy Ward
C. F. Turner
Roger Bird
T. A. C. Coningsby
Eleanor F. Platt
Henry Hodge
M. J. W. Churchouse
Dated 8th March 1989


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the trunk road with the roundabout (being in this Order referred to as “the new roundabout”) proposed to be constructed at Waen in accordance with the provisions of The Chester-Bangor Trunk Road (A55) (Rhuallt Hill Improvement and Slip Roads, Side Roads) Order 1989, at the places stated in Schedule 2 to this Order (the highways along these routes being in this Order referred to as “the slip roads”)shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure, or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The lengths of the trunk road described in Schedule 3 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road and an unclassified road respectively, as from the date on which the Secretary of State notifies the County Council of Clwyd that the new trunk roads are open for through traffic.
5
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the 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
“unclassified road” as a classification for a highway, means that the highway is not a principal road or classified road for the purposes of enactments or instruments which refer to highways classified as principal or classified roads but is an unclassified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the deposited plan” means the plan numbered HA 10/2–WO71 marked “The Chester-Bangor Trunk Road (A55) (Rhuallt Hill Improvement and Slip Roads) Order 1989” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
iv
“the main new trunk road” and “the slip roads” have the meanings given in article 1 of this Order;
v
“the new roundabout” means the roundabout mentioned in article 1(b) of this Order;
vi
“the new trunk roads” means the new highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
vii
“the trunk road” means the Chester-Bangor Trunk Road (A55).
6
This Order shall come into force on 29th November 1989 and may be cited as The Chester-Bangor Trunk Road (A55) (Rhuallt Hill Improvement and Slip Roads) Order 1989.
Signed by authority of the Secretary of State
K. J. Thomas
Director of Highways
Welsh Office.
9th November 1989


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1989 and shall come into force on 6th June 1989.
Revaluation of earnings factors
2
The earnings factors relevant –
a
to the calculation –
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Social Security Pensions Act 1975 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule hereto by the percentage of their amount shown opposite the said tax years in the said Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
9th May 1989


text:
1
This Order may be cited as the Registration of Title Order 1989 and shall come into force on 1st January 1990.
2
1
In addition to the areas mentioned in column 2 of the Schedule to the Registration of Title ( No. 2) Order 1988 (being the areas in England and Wales in which registration of title to land is already compulsory on sale) registration of title shall be compulsory on sale,
a
on and after 1st January 1990 in the districts of North Shropshire, Oswestry, Shrewsbury and Atcham, South Shropshire, and
b
on and after 1st April 1990 in the districts of Kennet, North Dorset, North Wiltshire, Purbeck, Salisbury, West Dorset, and
c
on and after 1st December 1990 in the districts of Babergh, Castle Point, Forest Heath, Leominster, Maldon, Malvern Hills, Mid Suffolk, Rochford, St. Edmundsbury, South Herefordshire, Suffolk Coastal, Tendring, Wychavon and Wyre Forest.
2
Accordingly, on and after 1st December 1990, registration of title to land shall be compulsory on sale in the areas mentioned in column 2 of the Schedule to this Order.
3
As from 1st December 1990 the Registration of Title (No. 2) Order 1988 shall cease to have effect.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Financial Services (Disclosure of Information) (Designated Authorities) (No.5) Order 1989 and shall come into force on 7th June 1989.
Designation of authorities and specification of functions
2
For the purposes of section 180 of the Financial Services Act 1986 and section 449 of the Companies Act 1985–
a
the Charity Commissioners are designated as authorities in relation to their functions under the Charities Act 1960 ; and
b
the Attorney-General is designated as an authority in relation to his functions in connection with charities.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
5th June 1989


text:
1
This Order may be cited as the Patents (Licences of Right) (Exception of Pesticidal Use) Order 1989 and shall come into force on 14th August 1989.
2
1
The following uses of a product are excepted under paragraph 4A of Schedule 1 to the Patents Act 1977–
a
use of a product as a pesticide, and
b
the doing of any other act mentioned in section 60(1)(a) of the Patents Act 1977 with a view to such use.
2
In paragraph (1)(a) above“pesticide” means–
any substance, preparation or organism prepared or used for any of the following purposes:
a
destroying any pest;
b
protecting plants or wood or other plant products from harmful organisms;
c
regulating the growth of plants;
d
giving protection against harmful creatures;
e
rendering such creatures harmless;
f
controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products;
g
protecting animals against ectoparasites;
other than:
aa
organisms other than bacteria, protozoa, fungi, viruses and mycoplasmas, used for destroying or controlling pests;
bb
substances whose use or sale within the United Kingdom is controlled under any of the following enactments–
Medicines Act 1968 ;
Agriculture Act 1970, Part IV ;
Food Act 1984 ;
Food and Drugs (Scotland) Act 1956 ;
The Cosmetics Products (Safety) Regulations 1984 ;
when those substances are used or sold for the purpose over which control under that enactment is exercised;
cc
substances prepared or used for the purpose of disinfecting, bleaching or sterilising any substance (including water), other than soils, compost or other growing medium;
dd
substances used in laboratories for the purpose of the micropropagation of plants or substances used in the production of novel food;
ee
substances designed and used for–
i
the stimulation of the growth of plants, excluding materials which act as plant growth hormones, or which mimic the action of such materials;
ii
the modification of micro-biological processes in soil, excluding soil sterilants;
iii
assistance in the anaerobic fermentation of silage;
ff
substances, preparations or organisms, prepared or used for destroying any pest,–
i
used in adhesive pastes, decorative paper or textiles;
ii
used as part of a manufacturing process, other than for the purpose of preserving timber or timber products or in the production of food;
iii
used in preparations intended for topical application to human beings for the purpose of repelling insects;
iv
used in metal working fluids;
v
used in paint;
vi
used in water supply systems or in swimming pools.
3
Notwithstanding sub-paragraph (ff)(ii) and (v) above the expression“pesticide” when used in paragraph (1)(a) above includes paints used to prevent the fouling of the hulls of vessels or structures below the waterline, or applied to nets, floats or other apparatus used in the cultivation of fish.
4
In this Order–
“agricultural” is to be construed in accordance with section 109(3) of the Agriculture Act 1947 ;
“creature” means any living organism other than a human being or a plant;
“crops” includes any form of vegetable produce;
“food” has the meaning assigned to it by section 131 of the Food Act 1984, except that it includes water which is–
bottled; or
an ingredient of food;
“metal working fluid” means any fluid used to facilitate the cutting, drilling, forming or machining of metal;
“micropropagation” means the growth of plantlets from tissue culture or small parts of a plant in culture solution and under conditions which are sterile apart from the presence of that plant;
“mycoplasma” means a genus of organisms which have a unit membrane without a rigid cell wall and are highly pleomorphic, having no independent form or spore stage in the life cycle;
“novel food” means any food or food ingredient produced from raw material which hitherto has not been used for human consumption or has been so used only in small amounts, or produced by new or extensively modified processes not previously used in the production of food;
“paint” includes surface coatings;
“pest” means–
any organism harmful to plants or to wood or other plant products;
any undesired plant; and
any harmful creature;
“plants” means any form of vegetable matter, while it is growing and after it has been harvested, gathered, felled or picked, and in particular, but without prejudice to the generality of this definition, includes–
agricultural crops;
trees and bushes grown for purposes other than those of agriculture;
wild plants; and
fungi;
“soil sterilant” means a substance used to control harmful organisms in soil or compost;
“vessel” has the meaning assigned to it by section 742 of the Merchant Shipping Act 1894 .
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
13th July 1989