text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (National Curriculum) (Temporary Exceptions for Individual Pupils) Regulations 1989 and shall come into force on 1st August 1989.
2
In these Regulations –
“the 1981 Act ” means the Education Act 1981 ;
“the 1988 Act ” means the Education Reform Act 1988;
“general direction” and “special direction” mean directions given in the circumstances specified in regulation 3(1)(b)(i) or (ii) respectively, and “direction”, where used without qualification, means either a general or a special direction or both as the context may require;
“maintained school” has the meaning given to it by section 25(1) of the 1988 Act;
“operative date” means the date on which a direction comes into force, and “operative period” means the period specified in the direction during which it is to have effect; and
references to a head teacher include references to his predecessor in office.
Cases and circumstances in which directions may be given
3
1
Subject to paragraph (2), where the head teacher of a maintained school is of the opinion in the case of any registered pupil at the school –
a
that it is not for the time being appropriate to offer him the National Curriculum as it would otherwise apply to him; and
b
either that –
i
the circumstances that give rise to that opinion are likely to change significantly so that, within six months from the operative date, the pupil will be able to follow the National Curriculum as it would otherwise apply to him; or
ii
those circumstances are indicative of a need for the pupil to be assessed under section 5 of the 1981 Act with a view to the making or amending of a statement of special educational needs in respect of him;
he may give a direction of the kind referred to in regulation 4.
2
A head teacher shall not give a direction in circumstances to which paragraph (1)(b)(ii) applies unless he has first consulted the local education authority.
General and special directions
4
1
Subject to paragraphs (2) to (4) below, a direction may direct as respects any registered pupil that the provisions of the National Curriculum –
a
shall not apply; or
b
shall apply with such modifications as may be specified in the direction;
from such operative date and for such operative period as may be so specified.
2
No operative date which is less than one month after the date on which the direction is given may be so specified unless the head teacher is satisfied that it is essential in the interests of the pupil or for other educational reasons that the direction should come into force earlier.
3
Subject to paragraph (4), the maximum operative period that may be specified in a direction shall be –
a
in the case of a general direction either –
i
a fixed period not exceeding six months; or
ii
a period determinable when the head teacher is satisfied that the circumstances giving rise to the direction no longer apply; and
b
in the case of a special direction either –
i
a period ending when a statement of special educational needs is made in respect of the pupil under section 7 of the 1981 Act or, as the case may be, where such an existing statement is amended under paragraph 6 of Schedule 1 to that Act; or
ii
a period ending not later than one month after the local education authority give notice to the head teacher that they have determined not to make or, as the case may be, to amend, such a statement in respect of the pupil.
4
In no case shall the operative period of a direction exceed six months, and in the case of any direction falling within paragraph (3)(a)(ii) or (3)(b) above, the direction shall cease to have effect six months from its operative date if it has not already done so but without prejudice to the making of a further direction under regulations 9 to 11.
Form and contents of directions
5
A direction shall be in writing, and shall include brief particulars of –
a
those provisions of the National Curriculum which are to be modified or disapplied;
b
the operative date of the direction and, if that date is less than one month after the date on which the direction is given, the reasons therefor;
c
the operative period of the direction;
d
the reasons for the direction, indicating whether it is general or special;
e
the provision which it is intended should be made for the pupil’s education during the operative period of the direction insofar as it differs from that which would otherwise apply to him;
f
either –
i
in the case of a general direction, the manner in which the head teacher proposes to secure the full implementation in relation to the pupil, after the end of the operative period, of the provisions of the National Curriculum; or
ii
in the case of a special direction, his opinion that the pupil has or probably has special educational needs by virtue of which the local education authority would be required to determine the special educational provision that should be made for the pupil, and of his reasons therefor; and
g
the right of the parent of the pupil to appeal to the governing body against the direction under section 19(7) of the 1988 Act.
Information
6
1
The head teacher shall –
a
keep a copy of the direction at the school with any other records relating to the pupil; and
b
send a copy of the direction as soon as possible, and in any event within three days from the date on which it was given, by first-class post to –
i
the chairman of the governing body of the school;
ii
in the case of a county, voluntary, or maintained special school, and, where the direction is a special direction, in the case of a grant-maintained school, the local education authority; and
iii
at least one parent of the pupil as registered at the school, at the address so registered.
2
In calculating the period of three days referred to in paragraph (1)(b) above, no account shall be taken of Saturdays, Sundays, public holidays or other days on which the school is closed.
3
Where the head teacher has reason to believe that the parent to whom a copy of the direction is to be sent under paragraph (1)(b)(iii) may have difficulty in understanding the direction, he shall take such steps as he considers appropriate, whether by providing a translation of the direction or otherwise, to assist the parent.
Variation and revocation of directions
7
1
A head teacher may vary any direction given by him except so as to extend its operative period.
2
Any such variation shall be by notice in writing, setting out those provisions of the direction which are to be varied and giving brief particulars of the variations and the reasons therefor.
3
A variation to a direction shall not come into force until at least one month after the date on which notice of variation is given unless the head teacher is satisfied that it is essential in the interests of the pupil or for other educational reasons for it to be brought into force earlier.
4
Regulation 6 shall apply to a variation of a direction as it applies to a direction.
8
1
A head teacher may revoke any direction given by him by a notice in writing giving brief particulars of –
a
the reasons for the revocation;
b
the date on which the revocation is to take effect; and
c
a description of the manner in which he proposes to secure the full implementation in relation to the pupil of the provisions of the National Curriculum after the direction has ceased to have effect, unless those particulars are unchanged from those contained in the initial direction (if any) except in their timing.
2
Regulation 6 shall apply to a notice revoking a direction as it applies to a direction.
Further directions
9
1
A head teacher who has given a general direction in respect of a pupil may, if he is still of the same opinion for which he gave the original direction, give a further such direction in respect of him for an operative period of not more than three months beginning –
a
immediately after the end of the operative period of the first direction subject to the prior written consent of three members of the governing body being obtained; and
b
immediately after the expiry of a further direction given under paragraph (a) subject to the prior written consent of three members of the governing body and, except in the case of a grant-maintained school, the local education authority, being obtained.
2
Regulation 6 shall apply to a further direction, and shall apply to the governing body’s (and, as the case may be, the local education authority's) consent as it applies to a direction.
10
1
Subject to paragraph (3), a head teacher who has given a special direction in respect of a pupil may, if he is still of the same opinion for which he gave the original direction, give a further such direction in respect of him –
a
if a statement of special educational needs has not been made or, as the case may be, amended in respect of the pupil before the end of the operative period of the first direction and the local education authority have not given notice to the head teacher that they have determined not to make or amend such a statement;
b
if the local education authority’s decision not to determine the special educational provision that should be made for the pupil is subject to appeal under section 5(6) of the 1981 Act at the time that the operative period of the first special direction expires; or
c
if a statement of special educational needs has been made in respect of the pupil but is subject to appeal under section 8 of the 1981 Act at the time that the operative period of the first special direction expires.
2
Any further special direction given under paragraph (1) shall be for an operative period beginning immediately after the expiry of the operative period of the first direction and shall be for an operative period ending not later than one month after the statement of special educational needs has been made or amended, or the appeal disposed of, as the case may be, and in any event that period shall not exceed six months.
3
A further special direction may be given –
a
once, while paragraph (1)(a) applies;
b
once, while paragraph (1)(b) applies; and
c
any number of times while paragraph (1)(c) applies.
4
Regulation 6 shall apply to a further special direction.
11
1
A head teacher shall not give a further direction in respect of a pupil which is based on the same reasons as an earlier direction unless it falls within regulation 9 or 10, but may give a further direction based on different reasons if he obtains the prior written consent of –
a
three members of the governing body; and
b
except in the case of a grant-maintained school, the local education authority.
2
Regulation 6 shall apply to a further direction and shall apply to the governing body’s (and, as the case may be, the local education authority's) consent as it applies to a direction.
Parental requests
12
1
Subject to paragraphs (2) and (3), a parent of a registered pupil may at any time request the head teacher to give a direction (or a further direction), or to revoke or vary a direction currently in force.
2
Such a request may be made orally or in writing and shall include the reasons for which it is made.
3
The head teacher shall not be obliged to entertain a request to revoke or vary a direction currently in force more than once during each of –
a
the operative period of that direction; and
b
the operative period of any further direction or directions given under regulations 9 or 10.
13
1
The head teacher shall, within two weeks of receiving any such request as is referred to in regulation 12 give, vary or revoke the direction as the case may be or give notice of his decision to refuse to do so in the manner set out in paragraph (2).
2
Where the head teacher’s decision is to refuse to give, vary or revoke the direction, as the case may be, he shall give his reasons therefor, and details of the right of appeal provided by regulation 14, in writing to –
a
the parent who has made the request;
b
the governing body; and
c
in the case of a school other than a grant-maintained school, the local education authority.
3
Regulation 6(3) shall apply to the reasons and details referred to in paragraph (2) as it does to a direction.
14
If the head teacher –
a
fails to give notice of his decision within two weeks; or
b
refuses to give, vary or revoke the direction as the case may be
the parent may appeal to the governing body under section 19(7) of the 1988 Act.
Kenneth Baker
Secretary of State for Education and Science
7th July 1989
Peter Walker
Secretary of State for Wales
10th July 1989


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Zoonoses Order 1989 and shall come into force on 1st March 1989.
Extension of definitions of “animals” and “poultry”
2
For the purposes of the Act in its application to the presence in animals or poultry of designated organisms –
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise –
i
any kind of mammal except man, and
ii
any kind of four-footed beast which is not a mammal; and
b
the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise birds of every species.
Interpretation
3
In this Order, unless the context otherwise requires –
“the Act” means the Animal Health Act 1981;
“the appropriate Minister” means, in relation to England, the Minister and in relation to Scotland or to Wales, the Secretary of State;
“approved disinfectant” means a disinfectant for the time being listed in the Diseases of Animals (Approved Disinfectants) Order 1978 as approved for use under a general order;
“animal” means any kind of mammal, except man, and any kind of four-footed beast which is not a mammal;
“carcase” means the carcase of an animal or of any poultry and includes part of a carcase or any portion thereof;
“designated organism” means an organism designated by article 4 of this Order for the purposes of section 29 of the Act;
“feedingstuff” means feedingstuff whatever its derivation and includes any ingredient used in the preparation of a feedingstuff;
“infected place” means premises declared to be an infected place by a notice served under article 6 of this Order;
“inspector of the Minister” means a person appointed by the Minister to be an inspector for the purposes of the Act and includes a veterinary inspector;
“the Minister” means the Minister of Agriculture, Fisheries and Food and “the Ministers” means the Minister, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly;
“premises” includes land;
“product” means milk, eggs, wool, meat, offal, dung or other substance directly derived from an animal or from any poultry, whether mixed with any other substance or not, and includes used bedding litter;
“poultry” means birds of any species;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
Designation of organisms for the purposes of section 29
4
1
The following organisms, being organisms which, when carried in animals or poultry, constitute in the opinion of the Ministers a risk to human health, are hereby designated for the purposes of section 29 of the Act, that is to say –
a
organisms of the genus salmonella; and
b
organisms of the genus brucella.
2
The provisions of the Act listed in Schedule 1 to this Order shall apply in relation to the presence of a designated organism in an animal or in any poultry as if the presence of the organism were a disease to which the Act applies.
Inspections, taking samples etc.
5
1
An inspector of the Minister who enters any land, building or other place in exercise of his powers under section 63(9) of the Act or who enters any pen, shed, land or other place in exercise of his powers under section 64(1) of the Act may –
a
carry out such inquiries, examinations and tests; and
b
take such number of birds and such other samples,
as are necessary to ascertain whether any designated organism exists or has existed there.
2
An inspector of the Minister may, for the purposes of identification, mark any animal, poultry, carcase, product or feedingstuff or other thing in relation to which any of the powers under paragraph (1) above has been exercised.
Infected places
6
1
Where a veterinary inspector has reasonable grounds for supposing that there is or has been on any premises an animal or any poultry or feedingstuff in which a designated organism is or was present, or the carcase of such an animal or poultry or a product derived from such an animal or poultry, he may serve a notice on the occupier of the premises declaring them to be an infected place.
2
A veterinary inspector may, by the same notice as is referred to in paragraph (1) above or by a further notice served in the like manner, –
a
prohibit the movement of any animal, poultry, carcase, product or feedingstuff into or out of the infected place except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued;
b
prohibit the movement out of the infected place of any dung, droppings, equipment, utensil, appliance, vehicle or other thing except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued;
c
require any animal, poultry, carcase, product or feedingstuff specified in the notice to be detained in such part of the infected place as may be so specified, except that any such animal, poultry, carcase or product or feedingstuff may be moved out of the infected place under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued;
d
require any animal, poultry, carcase, product or feedingstuff specified in the notice to be isolated from any other animal, poultry, carcase, product or feedingstuff or from human beings (other than those persons whose presence is necessary for the purposes of providing care and attention for them).
3
A notice served under this article may at any time be revoked or varied by a further notice served by a veterinary inspector on the occupier of the infected place.
4
Any notice which may be served or licence which may be issued by a veterinary inspector under this article may be served or issued by an inspector of the Minister acting under the direction of a veterinary inspector.
Cleansing and disinfection
7
1
An inspector of the Minister may, by notice in writing served on the occupier of an infected place or of any other premises in which a designated organism is known or suspected to have been present, require him to cleanse and disinfect at his own expense or, if the notice so specifies, at the expense of the appropriate Minister, with an approved disinfectant and in such manner and within such period as may be specified in the notice –
a
all or any part of the infected place or other premises; and,
b
any equipment, utensil, appliance or other thing used there in connection with any animal, poultry, carcase, product or feedingstuff.
2
An inspector of the Minister may, by notice in writing served on the owner or person in charge of any vehicle which is used for the carriage of any animal, poultry, carcase, product or feedingstuff in which a designated organism is known or suspected to have been present, require him to cleanse and disinfect at his own expense or, if the notice so specifies, at the expense of the appropriate Minister, with an approved disinfectant and in such manner and within such period as may be specified in the notice –
a
the vehicle; and
b
any equipment, utensil, appliance or other thing used in connection with such carriage.
3
If any person on whom a notice has been served under paragraph (1) or (2) above fails to comply with the requirements of the notice, an officer of 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, except where the requirements of the notice are to be carried out at the expense of the appropriate Minister, the amount of any expenses reasonably incurred by him in doing so shall be recoverable as a civil debt by the appropriate Minister from the person in default.
Reporting of presence of designated organisms
8
1
Subject to paragraphs (3) and (4) below, where the presence of a designated organism in a sample taken from an animal or bird, or from the carcase, products or surroundings of an animal or bird or from any feedingstuff is identified by a laboratory examination or by a serological or other examination carried out elsewhere than at a laboratory, the person in charge of the laboratory, or, in the case of an examination carried out elsewhere than at a laboratory, the person carrying out such examination shall forthwith make to a veterinary officer of the Minister a written or oral report containing the particulars specified in Schedule 2 to this Order.
2
A person who is under an obligation to make a report under paragraph (1) above shall, if so required by an officer of the appropriate Minister, supply that officer with a culture of the designated organism in respect of which that obligation arose.
3
Nothing in paragraph (1) above shall require a person to make a report where his knowledge or suspicion of the presence of a designated organism results from an identification made by or on behalf of the appropriate Minister.
4
Where a designated organism has been deliberately introduced into an animal or bird in a research establishment and neither the animal or bird, nor any other animal or bird to which the organism might be transmitted, nor any carcase of, or product derived from, any such animal or bird, is to be sold or otherwise disposed of either for human consumption or for consumption by animals or birds or in any other way which may create a risk to human health, the fact that the presence of the organism is identified in a sample taken from the animal or bird shall not give rise to any obligation to make a report under paragraph (1) above.
5
For the purposes of this article –
a
“animal” means a bull, cow, steer, heiver, calf, horse, deer, sheep, goat, pig or rabbit;
b
“bird” means a domestic fowl, turkey, goose, duck, guinea-fowl, pheasant, partridge, quail or pigeon;
c
“research establishment” means an establishment carrying out research into a designated organism;
d
“veterinary officer of the Minister” means an officer of the Minister who is a person registered in the register of veterinary surgeons or in the supplementary veterinary register; and
e
each serotype of the genus salmonella shall be regarded as a separate organism and a person shall not be absolved from an obligation under paragraph (1) above to make a report in respect of an animal, bird or feedingstuff or in respect of the carcase, products or surroundings of an animal or bird by reason of the fact that a report in relation to another serotype of the genus salmonella, or to salmonella of an unidentified serotype, has already been made in respect of that animal, bird, carcase or feedingstuff or in respect of those products or surroundings.
Offences
9
Any person who, without lawful authority or excuse, proof of which shall lie on him, –
a
defaces, obliterates or removes any mark applied to any animal, poultry or carcase under article 5(2) of this Order;
b
contravenes any provision of this Order or any provision 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 such a licence or notice; or
d
causes or permits any such contravention or non-compliance, commits an offence against the Act.
Local authority to enforce Order
10
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Revocation
11
The Zoonoses Order 1975 is revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th February 1989.
(L.S.)
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
28th February 1989
Peter Walker
Secretary of State for Wales
28th February 1989


text:
1
This Order may be cited as the Offices, Shops and Railway Premises Act 1963 (Commencement No. 3) Order 1989.
2
Section 91(4) of, and Schedule 2 to, the 1963 Act shall come into force on 16th January 1990 in so far as they relate to the repeal of section 37 of the Shops Act 1950 and that repeal is not already in force.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
5th December


text:
1
These Regulations may be cited as the Merchant Shipping (Weighing of Goods Vehicles and other Cargo) (Application to non-UK Ships) Regulations 1989 and shall come into force on 31st March 1989.
2
The Merchant Shipping (Weighing of Goods Vehicles and other Cargo) Regulations 1988 (which apply only to ro/ro passenger ships which are operating as ships of Class II or II(A) within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 and are United Kingdom ships) shall apply also to ro/ro passenger ships which are operating as ships of those classes but which are not United Kingdom ships, while they are in a port in the United Kingdom.
The Lord Brabazon of Tara
Parliamentary Under Secretary of State,
Department of Transport
28th March 1989


text:
1
This Order may be cited as the Performances (Reciprocal Protection) (Convention Countries) Order 1989 and shall come into force on 1st August 1989.
2
The following countries are hereby designated as enjoying reciprocal protection under Part II of the Copyright, Designs and Patents Act 1988 (rights in performances):
Austria
Barbados
Brazil
Burkina
Chile
Colombia
Congo, People’s Republic of
Costa Rica
Czechoslovakia
Denmark (including the Faeroe Islands)
Dominican Republic
Ecuador
El Salvador
Fiji
Finland
France (including all Overseas Departments and Territories)
Germany, Federal Republic of (and Berlin (West))
Guatemala
Ireland, Republic of
Italy
Luxembourg
Mexico
Monaco
Niger
Norway
Panama
Paraguay
Peru
Philippines
Sweden
Uruguay.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Water and Sewerage (Works) (Advance Payments) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations–
“the 1989 Act ” means the Water Act 1989; and
“the compensating authority” means such of the following bodies as is liable to pay the compensation in question, namely–
a water undertaker;
a sewerage undertaker;
the National Rivers Authority.
Advance payment of compensation
3
1
Where a water undertaker, a sewerage undertaker or the National Rivers Authority has–
a
given notice pursuant to sub-paragraph (4) of paragraph 4 of Schedule 19 to the 1989 Act of the proposed exercise of a power conferred by that paragraph (works other than street works); or
b
given notice pursuant to paragraph 10(4)(b) of that Schedule of intended entry for the purpose of exercising the power conferred by paragraph 5 of that Schedule (stopcocks); or
c
in an emergency entered any land for the purpose of exercising the power referred to in sub-paragraph (b),
it shall, if a request in that behalf is made in accordance with paragraph (2) below, make an advance payment on account of any compensation payable by it by virtue of paragraph 6(1) or (2) of that Schedule.
2
Any request under this regulation shall be made by the person entitled to the compensation (“the claimant”), shall be in writing, shall give particulars of his interest in the land (so far as not already given) and shall be accompanied or supplemented by such other particulars as the compensating authority may reasonably require to enable it to estimate the amount of the compensation in respect of which the advance payment is to be made.
3
The amount of any advance payment under this regulation shall be equal to 90% of the following amount, that is to say–
a
if the compensating authority has agreed with the claimant the amount of the compensation, the agreed amount;
b
in any other case, an amount equal to the compensation as estimated by the compensating authority.
4
Any advance payment under this regulation shall be made not later than three months after the date on which a request for the payment is made in accordance with paragraph (2).
5
Where an advance payment is made on the basis of an estimate under paragraph (3)(b) and the amount of that payment exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after an advance payment has been made to any person it is discovered that he was not entitled to it the amount of the payment shall be recoverable by the undertaker or by the Authority, as the case may be.
6
Any advance payment on account of compensation in respect of an interest which is settled land for the purposes of the Settled Land Act 1925 shall be made to the persons entitled to give a discharge for capital money and shall be treated as capital money arising under that Act.
7
Where an advance payment is made to the claimant in respect of an interest in any relevant land, then if thereafter he disposes of the interest to, or creates an interest in that land in favour of, a person other than the compensating authority, the amount of the advance payment shall be set off against any sum payable by the authority to that other person by virtue of paragraph 6(1) or (2) of Schedule 19 to the 1989 Act in respect of the exercise of the power to which the advance payment relates.
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State,
Department of the Environment
Signed by authority of the Secretary of State
Ian Grish
Parliamentary Under Secretary of State, Welsh Office
3rd August 1989


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (Central Electricity Generating Board) Order 1989 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Energy is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 and 2 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (Central Electricity Generating Board) Order 1989”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Energy, the Central Electricity Generating Board, the council of the borough of Sandwell and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and either stippled or edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in the Schedule hereto, and now vested in the Central Electricity Generating Board or a local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
21st June 1989
Cecil Parkinson
Secretary of State for Energy
19th June 1989


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Transfer Payments) (Amendment) Regulations 1989 and shall come into force on 25th July 1989.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Personal Pension Schemes (Transfer Payments) Regulations 1988 .
Amendments to the Principal Regulations
3
In regulation 2 of the Principal Regulations–
a
at the end of the definition of “appropriate personal pension scheme” there shall be added “and Articles 2(2) and 3(8) of the Social Security (Northern Ireland) Order 1986 ”;
b
at the end of the definition of “guaranteed minimum pension” there shall be added “and Article 28(2) of the Social Security Pensions (Northern Ireland) Order 1975 ”;
c
at the end of the definition of “personal pension protected rights premium” there shall be added “and Article 7(4) of the Social Security (Northern Ireland) Order 1986”;
d
at the end of the definition of “protected rights” there shall be added “and Schedule 1 to the Social Security (Northern Ireland) Order 1986 ”; and
e
at the end of the definition of “the relevant date” there shall be added “and paragraph 12 of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975 ”;
f
after the definition of “the relevant date” there shall be inserted–
“relevant statutory scheme” shall be construed in accordance with Chapter I of Part XIV of the Act ;
.
4
In regulation 3 of the Principal Regulations–
a
in paragraph (1)(c) for the words “statutory scheme” there shall be substituted “relevant statutory scheme”, and
b
for paragraph (2) there shall be substituted
2
A transfer payment shall comprise the whole of the accumulated fund held in connection with any arrangements made by the individual in accordance with the scheme except that, where the fund–
a
includes protected rights, or
b
has been, or will be, used to pay a personal pension protected rights premium,
the amount of the fund which represents those rights or has been, or will be, so used may be excluded.
5
In regulation 4 of the Principal Regulations for the words from “any part of the payment” to the end of the regulation there shall be substituted–
a
any part of the payment which had its origin in a transfer payment from–
i
a retirement benefits scheme, or
ii
a statutory scheme; and
b
any amount of that part which has been certified to him as payable under the rules of the scheme to the individual in respect of whom the transfer payment is made by way of lump sum together with any amount by which that amount has been enhanced at the date of the transfer payment to another personal pension scheme by virtue of regulation 11.
6
After regulation 4 of the Principal Regulations there shall be inserted–
4A
1
If a transfer payment is made to a retirement benefits scheme or a relevant statutory scheme, and the payment or any part of it had its origin in a previous transfer payment from a retirement benefits scheme or a statutory scheme, the administrator of the personal pension scheme from which the payment is made (in this regulation referred to as “the paying scheme”) shall, within 30 days after the date on which it is made, provide the administrator of the scheme which receives it with a certificate signed by him which shows separately the maximum amount of the transfer payment, calculated in accordance with paragraphs (2) and (3), which is payable to the individual by way of lump sum.
2
The maximum amount of a transfer payment which is payable to the individual by way of lump sum is the sum of–
a
the amount of any previous transfer payment in respect of that individual from a retirement benefits scheme or statutory scheme which has been certified to the administrator of the paying scheme as the amount of that payment which was payable under the rules of the scheme to the individual by way of lump sum together with any amount by which that amount has been enhanced at the date of the transfer payment by virtue of regulation 11; and
b
the amount of the balance (if any) of the transfer payment which is payable to the individual by way of lump sum in accordance with section 635 of the Act.
3
Where a previous transfer payment referred to in paragraph (2)(a) was made before the coming into force of these Regulations, that sub-paragraph shall apply as if the scheme from which the previous transfer payment was made was one to which section 635 of the Act applied and the amounts certified were the amounts payable in accordance with those sections.
7
In regulation 5 of the Principal Regulations in paragraph (c) for the words “a statutory scheme” there shall be substituted “a relevant statutory scheme.”
8
In regulation 6 of the Principal Regulations–
a
in paragraph (1)(b) for the words “a statutory scheme” there shall be substituted “a relevant statutory scheme”;
b
in paragraph (2)(b) for “£100,000” there shall be substituted “£60,000”;
c
in paragraph (3)(a)–
i
after the words “the proposed transfer payment” there shall be inserted “, and all other transfer payments proposed to be made at the same time from the paying scheme, together with the cash equivalent of the benefits under all relevant schemes not reflected in the proposed transfer payment or payments,”;
ii
for the words “does not exceed” there shall be substituted “do not exceed”;
iii
for the words “reflected in the transfer payment” to “based on” there shall be substituted–
“and all other relevant schemes being the product of”;
iv
for the definition of NS there shall be substituted–
NS is–
the number of years of potential service to normal retirement age under the rules of the paying scheme, and
where a transfer payment has been accepted by the paying scheme from a retirement benefits scheme or statutory scheme, the number of actual years service in respect of which benefits have accrued to the member under the retirement benefits scheme or statutory scheme,
up to a maximum of 40
;
v
in the definition of P after the words “number of potential” there shall be inserted “and actual” and in paragraph (i) of that definition for the words “the end of his actual service” there shall be substituted “the time when benefits started to accrue to him under the scheme, or under any scheme from which a transfer payment has been accepted,”;
d
in paragraph (3)(b) after “the proposed transfer payment” there shall be inserted “, together with any other transfer payment proposed to be made at the same time,”;
e
after paragraph (3) there shall be inserted–
3A
For the purposes of paragraph (3) a scheme is a relevant scheme if it is–
a
a retirement benefits scheme to which an employer of the individual makes or has made contributions;
b
a relevant statutory scheme; or
c
a scheme referred to in section 591(2)(h) of the Act to which the individual has made contributions.
9
Regulation 7 of the Principal Regulations shall be omitted.
10
In regulation 8(1) of the Principal Regulations–
a
after sub-paragraph (b) there shall be inserted–
or
c
another personal pension scheme in circumstances where the transfer payment, or part of it, had its origin in a transfer payment from such a scheme as is referred to in sub-paragraph (a) or (b),
;
b
after the words “from the transfer payment” there shall be inserted “or, as the case may be, the part of the payment that originated in a transfer payment from such a scheme”.
11
After regulation 9 of the Principal Regulations there shall be added–
10
Where a personal pension scheme accepts a transfer payment from–
a
a retirement benefits scheme, or
b
a statutory scheme, or
c
another personal pension scheme in circumstances where the transfer payment or part of it, had its origin in a transfer payment from such a scheme as is referred to in sub-paragraph (a) or (b),
(in this regulation referred to as “the paying scheme”) paragraph (2) shall apply.
2
Where this paragraph applies–
a
no amount of that payment or that part, as the case may be, may be paid to the individual by way of lump sum unless the administrator of the personal pension scheme which has accepted the transfer payment has obtained from the administrator of the paying scheme a certificate signed by him and showing the maximum amount of the transfer payment or part thereof payable to the individual under the rules of the paying scheme or of the scheme from which that part originated, as the case may require; and
b
the maximum lump sum that may be paid is the aggregate of the maximum amount so certified together with any amount by which that amount has been enhanced at the date of the transfer payment by virtue of regulation 11.
Enhancement of amounts payable by way of lump sum
11
Where any of these Regulations refers to any amount by which an amount payable by way of lump sum has been enhanced by virtue of this regulation, the amount of that enhancement shall be calculated on the basis of the formula
( A × AV / TP ) - A ,
where–
A is the amount of the transfer payment or part thereof payable by way of lump sum,
AV is the accumulated value arising from the transfer payment or part thereof at the relevant time, and
TP is the amount of the transfer payment or part thereof.
D. B. Rogers
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
4th July 1989.


text:
Title and commencement
1
This Order may be cited as the Building Societies (Designation of Qualifying Bodies) (Amendment) (No. 2) Order 1989 and shall come into force on 15th November 1989.
Amendment of previous Order
2
The Building Societies (Designation of Qualifying Bodies) Order 1988 , shall have effect subject to the following:
i
in Article 3(1)(a) there shall be inserted the words “the state in which it is registered or incorporated together with (if any) its number of registration or incorporation in that state or,” before the words “where that appropriate vehicle”;
ii
the amendments set out in Schedule 1 to this Order.
In witness whereof the common seal of the Building Societies Commission is hereto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 28th September 1989.
P. H. Gevers
Secretary to the Commission
We consent to this Order.
David Lightbown
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Teasury
4th October 1989


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 3) Order 1989 and shall come into force on 13th March 1989.
2
The Export of Goods (Control) Order 1987 shall be amended as follows:
In Group A of Part I of Schedule 1 after the entry for lead waste and scrap there shall be added the following new entry:
“7902Zinc waste and scrap T”
Eric Beston
An Assistant Secretary
Department of Trade and Industry
6th March 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1989 and shall come into force on 12th September 1989.
2
Any reference in this Order to“the Schedule” shall be construed as a reference to the Schedule to this Order, and a reference to column 3 of the Schedule shall be construed as including a reference to the note to that column.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop etc , as is mentioned in any entry in column 1 of the Schedule–
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount which, for the period of 12 months beginning with 12th September 1989, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount so specified in column 3 of the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th July 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
25th July 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) Order 1989, and shall come into force on 1st January 1990.
2
In this Order —
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“gill and other specified nets” means any of the following, that is to say gill nets, beach seines, trammel nets, tangle nets, stake nets, drift nets, ring nets, T nets, J nets, hoop nets and any similar nets used for the enmeshing or entrapment of fish, but does not include any trawl, Danish seine or similarly towed net;
“the specified sea area” means that area of sea within British fishery limits lying south of lines of latitude drawn through Haverigg Point in Cumbria, in the West, and Donna Nook in Lincolnshire, in the East but excluding waters in that area which are adjacent to Northern Ireland and are not nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Great Britain or the Isle of Man is measured than to any point on the corresponding Northern Irish baselines.
Prohibition
2
1
Subject to article 3 below, in the specified sea area there are hereby prohibited: —
a
the fishing for sea fish by any British fishing boat with gill and other specifed nets of a mesh size of at least 65 millimetres and not more than 89 millimetres; and
b
the carriage by any British fishing boat of any net of the description contained in subparagraph (a) above.
2
For the purposes of this Article the mesh size shall be determined by stretching the mesh lengthwise and inserting a flat measuring gauge of 2 millimetres in thickness when the net is wet.
Exemption
3
Article 2 of this Order shall not apply to: —
a
the carriage of gill or other specified nets which are properly lashed and stowed during carriage in such a way that they cannot readily be used; or
b
the carriage of drift nets, beach seines and ring nets, or the use of such nets where they are attended, in that area of sea within three miles of the baselines from which the breadth of the territorial sea is measured and bounded in the West by a line drawn due South from Rame Head in Cornwall and in the East by a line drawn due South from Beachy Head in Sussex.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of the enforcement of article 2 of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this Article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this Article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 3 or section 5 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of section 3 or section 5 of the Act as read with this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
21st July 1989
Peter Walker
Secretary of State for Wales
25th July 1989
Tom King
Secretary of State for Northern Ireland
25th July 1989


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Functions (Transport Tribunal) Order 1989.
2
This Order shall come into force on 13th April 1989.
Transfer of functions
2
1
The functions of the Secretary of State under paragraphs 5 to 7, 10, 11, 14 and 16 of Schedule 4 to the Transport Act 1985 (certain powers, proceedings and other matters relating to the Transport Tribunal) are hereby transferred to the Lord Chancellor.
2
In those paragraphs, for the words“Secretary of State”, wherever they occur, there shall be substituted the words“Lord Chancellor”.
3
In paragraph 15 of that Schedule (consultation with Lord Advocate), for the words“this Schedule” there shall be substituted the words“paragraph 2 or 3 above”.
Supplementary
3
1
Any instrument made before the coming into force of this Order shall have effect, so far as may be necessary for the purpose or in consequence of the transfers effected by this Order, as if references to the Secretary of State were references to the Lord Chancellor.
2
This Order does not affect the validity of anything done by or in relation to the Secretary of State before the coming into force of this Order; and anything which at the time of the coming into force of this Order is in process of being done by or in relation to the Secretary of State may, if it relates to a function transferred by this Order, be continued by or in relation to the Lord Chancellor.
3
Where any rule made or other thing done by the Secretary of State under any such provision of Schedule 4 to the Transport Act 1985 as is mentioned in article 2 above is in force or effective at the coming into force of this Order, that rule or other thing shall have effect, so far as required for continuing its effect after the coming into force of this Order, as if made or done by the Lord Chancellor.
G. I. de Deney
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1989 and shall come into force on 23rd December 1989.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned; “sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea described in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) of this article, fishing for mackerel (Scomber scombrus) —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or (b) within any part of a sea area which lies inside British fishery limits by any other British fishing boat, is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1990.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Vb (Faroes Grounds) which lies outside British fishery limits. Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat to which this Order applies the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence; but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port; and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
21st December 1989
Peter Walker
Secretary of State for Wales
20th December 1989
Peter Brooke
Secretary of State for Northern Ireland
20th December 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Water Reorganisation (Capital Allowances) Order 1989 and shall come into force on 15th November 1989.
2
In this Order “ the Act ” means the Water Act 1989.
Writing-down allowances – industrial buildings and structures
2
1
The amount specified in column (2) of Part I or Part II of Schedule 1 to this Order in relation to a successor company (being a company wholly owned by the Crown) shall be taken, for the purposes of subsection (3) of section 2 of the Capital Allowances Act 1968 (writing-down allowances), to be the residue on the transfer date of expenditure in relation to which the property vested in that company in accordance with a scheme under Schedule 2 to the Act and described in column (1) of the said Part I or Part II is a relevant interest for the purposes of the said section 2.
2
The period specified in column (3) of Part I or Part II of Schedule 1 in relation to a successor company shall be treated, for the purposes of the said section 2, and in relation to the property vested and described as mentioned in paragraph (1), as the part of the period of 25 or, as the case may be, 50 years which is unexpired on the transfer date.
Writing-down allowances – machinery and plant
3
For the purposes of section 95(2) of the Act, each successor company (being a company wholly owned by the Crown) shall be treated as having incurred on the transfer date capital expenditure of the amount specified in relation to that company in column (2) of Schedule 2 to this Order in respect of the deemed acquisition for the purposes for which they are used by that company on and after that date of the motor cars, plant and machinery vested in it in accordance with a scheme under Schedule 2 to the Act and described in column (1) of Schedule 2 to this Order.
Peter Walker
Secretary of State for Wales
30th October 1989
Chris Patten
Secretary of State for the Environment
31st October 1989
We consent,
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
1st November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1989 and shall come into force on 1st April 1989.
Revocation
2
The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
3
1
In these Regulations —
“AIP” in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled “Aeronautical Information Publication” or “AIP” and published by a public authority of that country;
“Authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“The CAA” means the Civil Aviation Authority;
“ FIR ” means “Flight Information Region”;
“The Organisation” means the European Organisation for the Safety of Air Navigation known as Eurocontrol;
“Specified airspace” means the airspace of a FIR described as set forth in columns 1 and 2 of Schedule 2 hereto;
“United Kingdom Air Pilot” means a document so entitled in force at the date of the making of these Regulations and published by the CAA.
2
Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1985 .
Charge to be paid to the Organisation
4
1
Subject to the provisions of these Regulations the operator of any aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to the Organisation, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as “the charge”) at the appropriate rate calculated in accordance with regulation 6 or 7 of these Regulations, whichever shall apply in the circumstances.
2
If the Organisation is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of the Organisation that some other person is the operator; and from the time when the notice is given the Organisation shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.
3
The operator of an aircraft shall not be required to pay any charge to the Organisation under these Regulations in respect of a flight if he has previously paid tothe Organisation in respect of that flight a charge of the same or a greater amount under the law of a country specified in column 1 of Schedule 2 hereto.
Payment
5
1
The amount of the charge shall be payable to the Organisation at its principal office in Brussels and shall be paid in United States dollars.
2
Without prejudice to any existing rule of law relating to the payment, under an order of the Court, of a debt expressed in foreign currency, the equivalent in Sterling of the charge may be recovered in any Court of competent jurisdiction in the United Kingdom.
3
Nothing in this regulation shall prevent the Organisation from accepting as a good discharge payment in currencies other than United States dollars or at places other than the principal office of the Organisation.
Calculation of the Charge
6
1
Except in the case of flights specified in regulation 7 of these Regulations, the charge shall be calculated in United States dollars according to the following formula —
r = N × U
where r is the charge for the flight, N is the number of service units relating to that flight and U is the appropriate unit rate specified in column 3 of Schedule 2 hereto in relation to the specified airspace through which the flight is made, increased or decreased as the case may be by the same percentage as the relevant national currency has increased or decreased against the United States dollar as compared with the rate of exchange specified in column 4 of the said Schedule in relation to that airspace.
2
For the purpose of the preceding paragraph, the number of service units relating to a flight shall be calculated in accordance with the following formula —
N = d × p
where d is the distance factor for the flight in the specified airspace in question and p is the weight factor for the aircraft concerned.
3
For the purposes of the preceding paragraph —
a
the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this regulation minus 20 kilometres for each landing and take-off in the specified airspace in question, divided by 100 and expressed to two places of decimals, and
b
the weight factor, subject to the provisions of paragraph (6) of this regulation, shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft and shall be expressed to two places of decimals.
4
The points referred to in paragraph (3) of this regulation are:
a
the aerodrome of departure within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of entry into that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of entry into that airspace; and
b
the aerodrome of first destination within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of exit from that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of exit from that airspace.
5
The standard points of entry and exit referred to in paragraph (4) of this regulation are the points, as described in the United Kingdom Air Pilot or relevant AIP as the case may be, where the median line of the appropriate airway or upper Air Traffic Service route so described crosses the boundary of the airspace.
For the purposes of this paragraph, the appropriate airway or route, in the case of a flight made between 1st January and 31st December in any year, shall be —
the airway or route between the aerodrome of departure and the aerodrome of first destination which appears to the Organisation on 1st January of that year to be the most frequently used such airway or route; or
if the Organisation is unable to ascertain on 1st January of that year which such airway or route is the most frequently used, the shortest such airway or route:
Provided that in the case of a flight in respect of which the aerodrome of departure or the aerodrome of first destination is situated in one of the zones specified in column 1 of Schedule 3 to these Regulations but that aerodrome is not specified in column 2 of the said Schedule the point of entry into or, as the case may be, of exit from the said airspace shall be the actual point where the flight in question crosses the lateral limits of that airspace as described in the United Kingdom Air Pilot or relevant AIP as the case may be.
6
The weight factor for an aircraft of any type shall be calculated by reference to the maximum total weight authorised of the heaviest aircraft of that type:
Provided that where an operator has indicated to the Organisation, within the period of one year immediately preceding the flight, the composition of the fleet of aircraft of which he disposes and that it includes two or more aircraft which are different versions of the same type of aircraft, the weight factor shall be calculated by reference to the average of the maximum total weight authorised of all his aircraft of that type so indicated to the Organisation.
7
The charge in relation to a flight which enters a specified airspace and in respect of which the aerodrome of departure or the aerodrome of first destination, as the case may be, is specified in column 2 of Schedule 3 hereto and the aerodrome of the first destination or the aerodrome of departure, as the case may be, is situated in any one of the zones specified in column 1 of that Schedule shall be calculated in United States dollars according to the following formula: —
C = Z × p
where C is the charge payable, Z is the charge specified in column 3 of the said Schedule (appropriate to the maximum total weight authorised of 50 metric tonnes) increased or decreased as the case may be by the same percentage as the relevant national currencieshave increased or decreased against the United States dollar as compared with the rate of exchange specified in column 4 of Schedule 2 hereto in relation to that airspace and p is the weight factor of the aircraft concerned determined in accordance with regulations 6(3)(b) and 6(6) of these Regulations.
8
1
For the purposes of regulations 6 and 7 the rate of exchange of the United States dollar to a national currency shall be the average monthly rate of exchange of the United States dollar to that national currency established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be conclusive evidence of that matter; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document.
2
In the event that the International Monetary Fund does not publish the International Financial Statistics for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the United States dollar to a national currency for the month preceding the month during which the flight takes place shall be conclusive evidence of that matter; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Exempt Flights
9
These Regulations shall not apply to the following flights —
i
flights by military aircraft;
ii
flights made for the purposes of search and rescue operations;
iii
flights by aircraft of which the maximum total weight authorised is 5700 kg or less made entirely in accordance with the Visual Flight Rules in the Rules of the Air and Air Traffic Control Regulations 1985 ;
iv
flights terminating at the aerodrome from which the aircraft has taken off;
v
flights other than the flights referred to in paragraph (i) of this regulation made by aircraft which are the property of a State (including customs and police aircraft) and which are not made for commercial purposes;
vi
flights made exclusively for the purpose of checking or testing equipment used or intended to be used as aids to air navigation;
vii
flights made exclusively for the purpose of instruction or testing of flight crew;(viii)flights made exclusively for the purpose of enabling an aircraft to qualify for the issue or renewal of a Certificate of Airworthiness or of the validation thereof or the approval of a modification of the aircraft, after an application has been made for such issue, renewal, validation or approval as the case may be;
ix
flights made by aircraft of which the maximum total weight authorised is less than two metric tonnes;
x
flights between points within the specified airspace of Austria;
xi
flights between points within the specified airspace of France;
xii
flights made by helicopters beween any point in the United Kingdom and an offshore installation within the area bounded by straight lines joining successively the following points —
N6200 W00400; N6200 E00400; N5600 E00400; N5600 W00100; N5740 W00100; N5740 W00400; N6200 W00400.
xiii
flights made by helicopters between any point in the United Kingdom and an offshore installation within the area bounded by straight lines joining successively the following points —
N5500 W00100; N5500 E00300; N5423 E00245; N5256 E00309; N5230 E00247; N5226 E00137; N5238 E00140; N5251 E00124; N5319 E00010; N5500 W00100.
Detention and sale of aircraft for unpaid charges
10
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations the Organisation may require the CAA to act on behalf of the Organisation in accordance with the provisions of regulations 11 to 14 or any of them.
11
Where such a requirement has been made, the CAA or an authorised person may on behalf of the Organisation, subject to the provisions of this and the following Regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if charges are not paid within 56 days of the date when the detention begins, the CAA may sell the aircraft on behalf of the Organisation in order to satisfy the charges.
12
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft on behalf of the Organisation under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 11(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the Organisation, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
13
The CAA shall not sell an aircraft on behalf of the Organisation under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the Organisation for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the Authority seeks leave to sell on behalf of the Organisation is liable to sale under these Regulations by reason of default.
14
The CAA shall, before applying to the court for leave to sell an aircraft on behalf of the Organisation under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 4 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold on behalf of the Organisation for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
15
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
16
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 11 to 15 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
17
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
18
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 for the time being applies.
19
Nothing in these Regulations shall prejudice any right of the Organisation to recover any charges, or any part thereof, by action.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1989


text:
1
This Order may be cited as the Protection of Wrecks (Designation No.2) Order 1989 and shall come into force on 3rd January 1990.
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed, and in respect of which this Order is made, is in position Latitude 51° 11.03' North, Longitude 04° 38.78' West.
2
The area within a distance of 50 metres of that position shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
6th December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations 1989 and shall come into force on 11th September 1989.
Amendments to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985
2
Schedule 4 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 shall be amended as follows:
a
in paragraph 1, there shall be inserted–
i
immediately before the definition of “nominated person”, the following definition–
“appropriate person” means–
in the case of a coal mine, the responsible person or any official superior to a person appointed as a deputy;
in the case of any other mine, the responsible person;
in the case of a quarry–
the responsible person, or
(where there is a sole manager) that manager, or
(where there are two or more managers) the manager of the part of the quarry where the accident or dangerous occurrence happened, or
any person who is for the time being treated for the purposes of the Mines and Quarries Act 1954 as such a manager;
, and
ii
between “person” and “who” in the definition of “nominated person”, the words “(if any)”; and
b
the following sub-paragraph shall be substituted for sub-paragraph (2) of paragraph 4–
2
The requirements of sub-paragraph (1) shall not apply to an accident or to a dangerous occurrence if an appropriate person–
a
has taken adequate steps to ascertain that disturbing the site–
i
is unlikely to prejudice any investigation by an inspector into the circumstances of the accident or dangerous occurrence, and
ii
is necessary to secure the safety of any person at the mine or quarry or to avoid disrupting the normal working thereof; and
b
(except in the case of a non-fatal accident or a dangerous occurrence, where the nominated person or any person designated by that nominated person pursuant to this sub-paragraph cannot be contacted within a reasonable time) has notified the nominated person, or any person designated in writing by the nominated person to receive any such notification, of the proposed disturbance, and gives such a person a reasonable opportunity to visit the site before it is disturbed; and
c
has taken adequate steps to ensure that there is obtained such information as will enable a full and accurate plan to be prepared forthwith, which plan shall show the position of any equipment or other item relevant to the accident or dangerous occurrence immediately after it happened; and
d
ensures that any equipment or other item relevant to the accident or dangerous occurrence is kept as it was immediately after the incident until an inspector agrees that it may be disposed of.
; and
c
the following sub-paragraphs shall be substituted for sub-paragraph (3) of paragraph 4:
3
The person who has taken the steps referred to in sub-paragraph (2)(c) of this paragraph shall ensure that the plan referred to in that sub-paragraph is signed by the person who prepared it and bears the date on which it was prepared, and that a copy of that plan is supplied on request to any inspector or to the nominated person.
4
It shall be a defence in proceedings against any person for contravening sub-paragraph (1) of this paragraph in any case which consists of the doing of any act, for that person to prove that the doing of that act was necessary for securing the safety of the mine or quarry or of any person.
.
Signed by order of the Secretary of State.
Strathclyde
Parliamentary Under Secretary of State,
Department of Employment
7th August 1989


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No.2) Order 1989 and shall come into force on 25th February 1989.
2
The Export of Goods (Control) Order 1987 shall be amended as follows:–
a
after Article 2(xiii) there shall be inserted the following:–
xiv
scheduled goods indicated by the letter “X” are prohibited to be exported to any destination in India or Pakistan.
;
b
in Group 3F of Part II of Schedule 1, in entry IL 1531 after head (6) there shall be inserted the following:–
7
Transceivers having an output frequency of up to 32 MHz and using frequency synthesis with a frequency of 10 Hz or better
X
In this entry “transceiver” means equipment which comprises a radio transmitter and a radio receiver and which uses part or all of the same circuitry in both transmit and receive modes.
.
Eric Beston
An Assistant Secretary
Department of Trade and Industry
24th February 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Isle of Man) Order 1989 and shall come into force on 10th April 1989.
2
In this Order–
“the Principal Order ” means the Social Security (Isle of Man) Order 1977 ;
“the Principal Agreement” means the Agreement set out in Schedule 1 to the Principal Order.
Modification of the Social Security Act 1975 and amendment of Principal Order
2
The Social Security Act 1975 shall be modified and the Principal Order shall be varied so as to give effect to the Principal Agreement as amended by the Agreement which is set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.
G. I. de Deney
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Colne Valley Water Company (Pipelaying and Other Works) (Code of Practice) Order 1989.
Code of Practice
2
The Code of Practice prepared by the Company and certified as such by the Secretary of State is hereby approved.
Signed by authority of the Secretary of State for the Environment
Dinah Nichols
An Under Secretary in the
Department of the Environment
18th November 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Sea Fish) Order 1989 and shall come into force on 21st March 1989.
2
In this Order–
a
“ the Act ” means the Food and Environment Protection Act 1985,
b
“designated area” means the area described in the Schedule to this Order;
c
“the relevant time” means one minute past midnight on 21st March 1989.
Designated incident
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food in the area described in the Schedule to this Order is, or may be, or may become unsuitable for human consumption in consequence of the likely escape of toxic substances as a result of the sinking in the English Channel of the m.v. Perintis on or about 13th March 1989.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Act.
Activity prohibited in the designated area
4
No person shall in the designated area fish for or take any fish.
Restrictions throughout the United Kingdom
5
No person shall, in the United Kingdom or in United Kingdom waters–
a
use any fish taken out of the designated area after the relevant time in the preparation or processing for supply of food or anything from which food could be derived,
b
land any fish or other form of aquatic produce which was taken from waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any fish, or any product derived from fish, from which food could be derived if such fish was taken from the designated area after the relevant time,
d
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th March 1989.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Isle of Man) (No. 2) Order 1989 and shall come into force on 1st August 1989.
2
1
The following provisions of the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man subject to the exceptions and modifications specified in paragraphs (2) and (3) below –
a
Part IV (registered designs), except section 272 (so far as that section relates to paragraph 21 of Schedule 3) and section 273;
b
section 300 (fraudulent application or use of trade marks an offence);
c
Schedule 3 (registered designs: minor and consequential amendments), except paragraph 21, and
d
paragraphs 12 to 16 of Schedule 5 (patents: miscellaneous amendments).
2
Any reference in any of those provisions to an Act of Parliament or to a provision of such an Act shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man.
3
Without prejudice to paragraph (2) above, sections 58A to 58D of the Trade Marks Act 1938 inserted by section 300 shall have effect subject to the exceptions and modifications specified in the Schedule to this Order.
3
The following provisions of the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man –
a
section 303 (consequential amendments and repeals), so far as it relates to the provisions specified in paragraphs (b) and (c) below;
b
paragraphs 5, 20, 22 and 23 of Schedule 7, and
c
Schedule 8, so far as it relates to –
i
the Registered Designs Act 1949 (except section 32 of that Act), and
ii
section 49(3) of, and paragraphs 1 and 3 of Schedule 5 to, the Patents Act 1977 .
4
The Copyright, Designs and Patents Act 1988 (Isle of Man) Order 1989 is hereby revoked.
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) (England) Amendment No. 4 Order 1989 and shall come into force on 2nd October 1989.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on –
a
the slaughter of a 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 30th July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
b
the slaughter of a sheep which –
i
was moved from any place in accordance with a consent given under the said section 2(1) on or after 2nd October 1989, which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
c
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) or (b) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
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 to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) 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;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 30th July 1989 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 under the said section 2(1) on or before 2nd October 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which–
i
was moved from any place in accordance with a consent given under the said section 2(1) 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 such a consent given on or after 2nd October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or
iii
was moved from any place in accordance with such a consent given on or after 31st July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th September 1989.
(L.S.)
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
1
These Regulations may be cited as the Police (Amendment) Regulations 1989.
2
These Regulations shall come into force on 1st July 1989 and shall have effect for the purposes of regulation 3(4) as from 1st July 1987.
3
1
The Police Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 34 (sick leave), there shall be substituted for proviso (b) to paragraph (1) the following proviso–
b
if, notwithstanding such certificate of unfitness for duty, a registered medical practitioner appointed or approved by the police authority has examined the member and considers him to be fit for duty, the police authority shall, if the medical practitioner who issued the certificate of unfitness for duty agrees, within 28 days of the difference of opinion coming to their attention arrange for a third registered medical practitioner to examine the member and to report in writing to the other two practitioners concerned; the third registered practitioner shall be acceptable to the practitioner who issued the certificate of unfitness for duty and to the practitioner who has examined the member on behalf of the police authority, except that in the event of a failure to agree, the police authority may appoint such third medical practitioner as it considers appropriate; and if the third registered medical practitioner certifies the member to be fit for duty, or if the medical practitioner who issued the certificate of unfitness for duty does not agree to such further examination, the member shall no longer be entitled to be absent from duty.
.
3
In regulation 47 (restriction on payment of allowances), there shall be inserted at the beginning of paragraph (2) the words“Subject to paragraph (3),” and there shall be inserted after paragraph (2) the following paragraph–
3
A member of a police force of the rank of superintendent or above who is required to travel by train in the execution of his duty shall be entitled to travel in first-class accommodation and to be reimbursed his expenses accordingly.
.
4
In paragraph 3(2) of Schedule 4 (university scholars) there shall be substituted for the words“£945 a year” the words“£1,017 a year in respect of the period from 1st July 1987 to 30th June 1988 and £1,089 a year with effect from 1st July 1988”.
5
In Schedule 5 (scales of pay)–
a
there shall be inserted after paragraph 1(9) the following sub-paragraph–
9A
Where a member is promoted–
a
to the rank of chief inspector after 3 years but less than 4 years service in the rank of inspector, or
b
to the rank of inspector after 3 years but less than 4 years service in the rank of sergeant, or
c
to the rank of sergeant after 11 years but less than 12 years service in the rank of constable,
and at any date during his first year of service in that new rank his annual pay ceases to exceed the amount which would have been his annual pay if he had continued to serve in his former rank, his annual pay for the period from that date until such date as he has completed two years reckonable service in his new rank shall be determined as if he had throughout that period more than one but less than two years' reckonable service in the new rank.
; and
b
in paragraph 1(10) there shall be substituted for the words“(7) to (9)” the words“(7) to (9A)”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
24th May 1989


text:
Citation, commencement and interpretation
1
This Order may be cited as the Social Security (Isle of Man) (No. 2) Order 1989 and shall come into force on 2nd November 1989.
Modification of the Social Security Act 1975 and the Social Security Act 1986 and variation of the Principal Order
2
The Social Security Act 1975 and the Social Security Act 1986 shall be modified and the Principal Order shall be varied so as to give effect to the Principal Agreement as amended by the Agreement set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.
G. I. de Deney
Clerk to the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Director General of Water Services' Register (Inspection and Charges) Order 1989 and shall come into force on 1st September 1989.
Hours at which the register is to be open for inspection
2
The register maintained by the Director General of Water Services under section 31 of the Water Act 1989 shall be open for inspection (without charge) between the hours of 9.30am and 1pm and 2pm and 4.30pm on Monday to Friday of each week except when his office is closed on public or other holidays or by reason of an emergency or industrial action.
Fee for certified copy
3
The fee payable for a certified copy of, or extract from, the contents of any part of the register shall be a fee calculated at the rate of £1 for any number of pages of the copy or extract supplied up to and including ten and 10 pence for each additional page.
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
6th July 1989


text:
1
The length of the trunk road described in the Schedule hereto 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 Cumbria that the new trunk road is open for through traffic.
2
In this Order:–
1
all measurement of distance are measured along the route of the 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
“the deposited plan”means the plan numbered HA10/1 CNW 259, marked“The Levens Bridge–Carlisle Trunk Road (A595 Hensingham 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;
iii
“the new trunk road”means the new trunk road to be provided by the Secretary of State in pursuance of the Levens Bridge–Carlisle Trunk Road (A595 Hensingham Bypass) Order 1989.
iv
“the trunk road”means The Levens Bridge–Carlisle Trunk Road (A595).
3
This Order shall come into force on 1st September 1989 and may be cited as the Levens Bridge–Carlisle Trunk Road (A595 Hensingham Bypass) (Detrunking) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
9th August 1989


text:
1
1
These Regulations may be cited as the Vehicles (Charges for Release from Immobilisation Devices) Regulations 1989 and shall come into force on 1st June 1989.
2
The Vehicles (Charges for Release from Immobilisation Devices) Regulations 1985 are hereby revoked.
2
For the purposes of section 104(4) of the Road Traffic Regulation Act 1984, the charge in respect of the release of a vehicle from an immobilisation device shall be £30.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd May 1989


text:
1
This Order may be cited as the Home Purchase Assistance (Recognised Lending Institutions) (No. 3) Order 1989 and shall come into force on 9th December 1989.
2
The following bodies are hereby added to the list in section 447(1) of the Housing Act 1985:
a
Halifax Loans Limited
b
BNP Mortgages Limited.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
4th December 1989
We consent,
John Taylor
Tom Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1989


text:
1
This Order may be cited as the Gipsy Encampments (Borough of Dacorum) Order 1989 and shall come into force on 2nd May 1989.
2
The area of the Borough of Dacorum is designed as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
3rd April 1989


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Camden Limited) Order 1989 and shall come into force on 17th November 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary under Secretary of State,
Department of Trade and Industry
17th October 1989


text:
1
This Order may be cited as the Copyright (Recording for Archives of Designated Class of Broadcasts and Cable Programmes) (Designated Bodies) Order 1989 and shall come into force on 1st August 1989.
2
Each of the bodies specified in the Schedule to this Order is designated as a body for which a recording of a broadcast or cable programme of the class designated under article 3 below, or a copy thereof, may be made for the purpose of placing the same in the archive maintained by it and specified in relation thereto in the Schedule.
3
All broadcasts other than encrypted transmissions and all cable programmes are designated as a class for the purposes of section 75 of the Act.
Eric Forth
Parliamentary Under Secretary of State for Consumer Affairs
Department of Trade and Industry
13th June 1989