text:
PART I
PRELIMINARY
Title and commencement
1
These Regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 and shall come into force on 1st April 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
a
any reference to a numbered regulation or Part or to the Schedule is to be construed as a reference to the regulation or Part which bears that number in, or as the case may be to the Schedule to, these Regulations, and any reference to a numbered paragraph in a regulation of or the Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in the Schedule,
b
any reference to, or to things done or falling to be done under or for the purposes of, any provision of these Regulations is, if and so far as the nature of the reference permits, to be construed as including, in relation to circumstances or purposes in relation to which the corresponding provision in the 1985 Regulations has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision, and
c
subject to paragraph (2), any expression for which there is an entry in the first column of Schedule 1 to the Superannuation Regulations has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.
2
In these Regulations, unless the context otherwise requires–
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1978 Act ” means the Employment Protection (Consolidation) Act 1978 ;
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1985 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985 ;
“the Superannuation Regulations” means the Teachers' Superannuation (Consolidation) Regulations 1988 ;
“annual compensation” means annual compensation payable under regulation 7;
“assumed retirement pension” is to be construed in accordance with regulation 7(5);
“compensating authority” is to be construed in accordance with regulation 17;
“compensation” means compensation payable under these Regulations;
“credited teacher” means an eligible teacher who has been credited with a period of service under regulation 6, and “credited period” means the period with which he has been credited;
“effective service” is to be construed in accordance with regulation 6(2);
“eligible teacher” is to be construed in accordance with regulation 4(3);
“former employment”, in relation to an eligible teacher or a credited teacher, means relevant employment in relation to which the conditions in regulation 4(4) are satisfied, and “former employer” means the person who employed him in that employment;
“lump sum compensation” means lump sum compensation payable under regulation 7;
“material date”, in relation to an eligible teacher or a credited teacher, means the date on which he ceased to hold his former employment;
“new employment” has the meaning given in regulation 15(2);
“redundancy payment”, in relation to a person’s former employment, means the aggregate of the amounts paid in respect of its cessation by way of–
the redundancy payment to which he became entitled under the Redundancy Payments Act 1965 or under Part VI of the 1978 Act ,
any increase paid by the former employer before 11th August 1983 so that the payment, as increased, corresponded to that which would have been payable had the Redundancy Payments (Local Government) (Modification) Order 1983 been in force on the material date, and
any compensation which was paid by the former employer under regulation 5 or was of an amount corresponding to that which would have been payable under that regulation if it had been in force on the material date; and
“relevant employment” is to be construed in accordance with regulation 3.
3
Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.
Relevant employment
3
1
Where the material date is a date earlier than 6th April 1988, relevant employment is employment that fell within regulation 4(2) of the 1985 Regulations.
2
Where the material date is a date later than 5th April 1988 but earlier than 1st November 1988, relevant employment is employment that fell within regulation 4(2) of the 1985 Regulations or would have done so but for an election under regulation 10 (voluntary membership) of the Teachers' Superannuation (Miscellaneous Provisions) ( No. 2) Regulations 1988 .
3
In any other case, subject to paragraphs (4) to (6) relevant employment is employment falling within paragraph 1, 3, 5 or 25 of Schedule 2 to the Superannuation Regulations.
4
An employment falling within paragraph 3 of that Schedule is relevant employment only if it is at a school maintained under Chapter IV of Part I of the 1988 Act (grant-maintained schools).
5
An employment falling within paragraph 5 of that Schedule is relevant employment only if it is at an institution which falls within section 218(10) or (11) of the 1988 Act.
6
An employment falling within paragraph 25 of that Schedule is relevant employment only if it has at some time been pensionable employment.
7
For the purposes of these Regulations–
a
employment category A comprises relevant employment at a single school or institution maintained by a local education authority which for the time being had a delegated budget within the meaning of Chapter III of Part I or Chapter III of Part II of the 1988 Act,
b
category B comprises relevant employment at a school or institution maintained by a local education authority which did not have a delegated budget, relevant employment by a local education authority otherwise than at a school or institution, and relevant employment at a maintained school or institution with a delegated budget which was concurrent with employment of either of those kinds or with relevant employment at another such school or institution,
c
category C comprises relevant employment at a school maintained under Chapter IV of Part I of the 1988 Act (grant-maintained schools),
d
category D comprises relevant employment at an institution not maintained by a local education authority which for the time being had a delegated budget within the meaning of Chapter III of Part II of the 1988 Act,
e
category E comprises relevant employment at an institution falling within section 218(10) of the 1988 Act which was designated as an institution substantially dependent for its maintenance on assistance from local education authorities and which did not have a delegated budget,
f
category F comprises relevant employment at an institution falling within section 218(10) of the 1988 Act which was designated as an institution substantially dependent for its maintenance on grants under section 100(1)(b) of the Education Act 1944 , and
g
category G comprises relevant employment at an institution falling within section 218(11) of the 1988 Act and relevant employment at a university.
Persons to whom the Regulations apply
4
1
Part II applies to any person who has become entitled to a redundancy payment under the 1978 Act in consequence of his having–
a
ceased after 31st August 1985 and before 1st April 1989 to be employed in a capacity which was referred to in regulation 5(1) of the 1985 Regulations, or
b
ceased after 31st March 1989 to be employed in relevant employment.
2
Parts III to V apply to eligible teachers.
3
An eligible teacher is a person–
a
who immediately before the material date was employed in relevant employment, and
b
in relation to whom the conditions in paragraph (4) are satisfied.
4
The conditions are that–
a
when his employment was terminated he had attained the age of 50 but had not attained the age of 65,
b
he then had, or but for an election under regulation B6 of the Superannuation Regulations would have, completed a qualifying period (within the meaning of regulation E3 of those Regulations) of at least 5 years,
c
he did not become entitled to payment of retirement benefits under regulation E4(6) of those Regulations (incapacity),
d
he is not entitled to have his case considered or considered further for the payment of long-term or retirement compensation under the Colleges of Education (Compensation) Regulations 1975 (whether or not by way of review under regulation 32 of those Regulations) in respect of that termination of employment, and
e
the former employer has notified the Secretary of State in writing that the employment was terminated by reason of his redundancy or in the interests of the efficient discharge of the employer’s functions.
5
Where–
a
the former employment fell within category A, and
b
the former employer is the local education authority, and
c
the governing body of the school or institution requests the authority to do so,
the authority must notify the Secretary of State as mentioned in paragraph (4)(e).
PART II
REDUNDANCY
Compensation for redundancy
5
1
Subject always to sections 46(2) to (4) and 149(1) to (3) of the 1988 Act (determinations by governing bodies as to making by local education authorities of certain payments in respect of dismissal, etc. ), where a person to whom this Part applies has ceased to be employed the appropriate person may pay him compensation which does not exceed the difference between–
a
the redundancy payment to which he is entitled under Part VI of the 1978 Act, and
b
the redundancy payment to which he would have been so entitled if paragraph 8(1)(c) of Schedule 14 to the 1978 Act (weekly pay in excess of specified limit to be disregarded in calculating redundancy payments) had been repealed.
2
Where the employment was at an aided school within the meaning of section 15 of the Education Act 1944 , the appropriate person is the local education authority.
3
In any other case, the appropriate person is the person by whom he was employed.
PART III
COMPENSATION FOR PREMATURE RETIREMENT
Additional service credit
6
1
Subject to paragraph (3), the deciding authority, ascertained from the first and second columns of the table in Part I of the Schedule, may, within 6 months after the material date, credit an eligible teacher with a period of service not exceeding the shortest of–
a
the period by which his effective service falls short of 40 years,
b
the period beginning on the day following the material date and ending with his 65th birthday, less, where paragraph 1 of Part II of the Schedule applies, any period required by paragraph 2 to be deducted,
c
the length of his effective service, and
d
10 years.
2
An eligible teacher’s effective service comprises–
a
any period which he is entitled to count as reckonable service, and
b
if his former employment was not pensionable employment, any period which he would have been entitled so to count if it had been.
3
If his former employment fell within category E or F, an eligible teacher may not be credited with a period of service without the consent–
a
where the employment fell within category E, of every local education authority providing the institution with assistance, and
b
where it fell within category F, of the Secretary of State.
Compensation payable to credited teacher
7
1
A credited teacher is entitled to lump sum compensation and to annual compensation.
2
Subject to regulations 12 and 13, the amount of the lump sum compensation is A – B, where–
A is the retirement lump sum to which he would be entitled on the hypothesis specified in paragraph (4), and
B is the assumed retirement lump sum.
3
Subject to paragraph (6) and to regulations 12 and 14 to 16, the rate of the annual compensation is C – D, where–
C is the annual rate of the retirement pension to which he would be entitled on the hypothesis specified in paragraph (4), and
D is the annual rate of the assumed retirement pension.
4
The hypothesis is that–
a
all his effective service counts as reckonable service, and
b
the credited period counts as reckonable service after 30th September 1956.
5
The assumed retirement lump sum and the assumed retirement pension are–
a
where all his effective service counts as reckonable service, those to which he is entitled, and
b
in any other case, those to which he would have been entitled if all his effective service had counted as reckonable service.
6
Where–
a
the material date is a date later than 30th August 1985, and
b
an occupational pension is being paid in respect of service before the material date, and
c
the aggregate of his effective service, any period in respect of which he is entitled to the occupational pension, and the credited period would exceed 40 years, and
d
the aggregate of the annual rates for the time being of the occupational pension and of the annual compensation would exceed the relevant amount,
the rate of the annual compensation is to be reduced so that the relevant amount is not exceeded.
7
For the purposes of paragraph (6)–
a
the annual rates at any time of the annual compensation and of any other official pension within the meaning of the 1971 Act are their annual rates as increased under that Act, and
b
the annual rate at any time of an occupational pension which is not such an official pension is its annual rate as increased under any contract, scheme or other arrangement.
8
The relevant amount mentioned in paragraph (6) is E + F, where–
E is the amount specified in paragraph (9), and
F is any amount by which E would have been increased if it had been the annual rate of an official pension within the meaning of the 1971 Act beginning, and first qualifying for increases under that Act, on the day after the material date.
9
The amount constituting E is–
G 100 × 50 - 5 × H4
where–
G is his average salary, and
H is the length in years of his effective service.
10
For the purposes of this regulation an occupational pension is a pension by way of periodical payments, other than a retirement pension under the Superannuation Regulations, which is payable under an occupational pension scheme; and for the purposes of paragraph (9) regulation E29 of the Superannuation Regulations (average salary) is in every case to be construed as if the former employment were pensionable employment.
Allocation of part of annual compensation
8
1
This regulation applies to a credited teacher who–
a
has under regulation E11 of the Superannuation Regulations allocated the largest permissible part of his retirement pension, and
b
has, within one month after being given notification under regulation 19 of the rate of his annual compensation, given written notice to the compensating authority that he wishes this regulation to apply to him.
2
A person to whom this regulation applies may, by delivering a declaration to the compensating authority, allocate part of his annual compensation to the provision of an alternative benefit of either of the kinds described in regulation E11(2) of the Superannuation Regulations.
3
The ratio of the part allocated to the rate of the annual compensation must not be higher than the ratio of the part of the retirement pension that was allocated to that pension.
4
For the purposes of paragraph (3) any reduction under Part IV of the annual compensation is to be disregarded.
5
Regulation E11(3) of the Superannuation Regulations and paragraphs 1(1), 2(2), 4 to 6, 7(1) to (3), (5) and (6), and 9 to 11 of Schedule 11 to those Regulations are to be treated as applying, with any necessary modifications, in relation to the making of allocations under this regulation as they apply in relation to the making of allocations under those Regulations by persons to whom retirement benefits become payable by virtue of regulation E4(7) of those Regulations (redundancy, etc.).
6
The modifications include the substitution–
a
for references to a retirement pension of references to annual compensation,
b
for references to the Secretary of State of references to the compensating authority, and
c
for the reference in paragraph 10(1) to a retiring employee of a reference to a credited teacher.
Short-term compensation on death
9
1
This regulation applies where a credited teacher dies and a short-term pension–
a
becomes payable under regulation E23 of the Superannuation Regulations, or
b
would have become so payable but for an election under regulation B6 of those Regulations.
2
Subject to regulation 11 (duration), where this regulation applies short-term compensation is to be paid to, or as the case may be for the benefit of, the person or persons who are or would have been entitled to payment of the short-term pension.
3
Subject to paragraph (4) and to regulation 14, the rate of the short-term compensation is the rate at which the deceased’s annual compensation would have been payable immediately before his death if any reduction under regulation 13, 15 or 16(4) had been left out of account.
4
If the deceased died in new employment which was pensionable employment, he is for the purposes of paragraph (3) to be taken to have ceased to be in that employment immediately before his death.
5
If the rate calculated in accordance with paragraph (3) is less than that of long-term compensation to which there is a prospective entitlement under regulation 10, the rate of the short-term compensation is the same as that of the long-term compensation.
Long-term compensation on death
10
1
This regulation applies where a credited teacher dies and one or more long-term pensions–
a
become payable under regulation E25 of the Superannuation Regulations, or
b
would have become so payable but for an election under regulation B6 of those Regulations.
2
Subject to regulation 11 (duration), where this regulation applies long-term compensation is to be paid to, or as the case may be for the benefit of, every person who became or would have become entitled to payment of a long-term pension.
3
Subject to regulation 14, the rate of the long-term compensation payable to a person who is not a child (“adult compensation”) is one half of the notional annual compensation rate.
4
Subject to regulation 14, the rate of the long-term compensation payable to or for the benefit of a child or children (“children’s compensation”) is the appropriate fraction of the notional annual compensation rate.
5
While adult compensation is payable, then–
a
while children’s compensation is payable to or for the benefit of two or more children, the appropriate fraction is one half, and
b
while it is payable to or for the benefit of one child, the appropriate fraction is one quarter.
6
If adult compensation did not become payable, or has ceased to be payable, then–
a
while children’s compensation is payable to or for the benefit of two or more children, the appropriate fraction is two thirds, and
b
while it is payable to or for the benefit of one child, the appropriate fraction is one third.
7
Subject to paragraph (8), the notional annual compensation rate is the rate at which the deceased’s annual compensation would have been payable immediately before his death if there had been left of account any allocation under regulation 8 and any reduction under regulation 12(4)(b), 13, 15 or 16(7).
8
If the deceased died in new employment which was pensionable employment, he is for the purposes of paragraph (7) to be taken to have ceased to be in that employment immediately before his death.
Duration of compensation on death
11
1
Subject to paragraph (4), a person’s short-term compensation under regulation 9 is payable from the day after that of the death and ceases to be payable–
a
after two months if he is the only child to or for whose benefit it was payable,
b
after three months if he is not a child,
c
after four months if he is one of two or more children to or for whose benefit it was payable,
or on his death if earlier.
2
Subject to paragraphs (3) and (4), a person’s long-term compensation under regulation 10 is payable–
a
from the day on which his short-term compensation ceases to be payable, or
b
if no short–term compensation was payable, from the day after that of the death,
and is payable for life.
3
Unless the compensating authority determines otherwise in the particular case, long-term adult compensation is not payable during or after any marriage or period of cohabitation outside marriage.
4
Short-term or long-term compensation payable to or for the benefit of a child ceases to be payable when he ceases to be a child.
PART IV
ADJUSTMENTS
Redundancy payments
12
1
This regulation applies to a credited teacher–
a
whose credited period exceeds 6⅔rds years, and
b
who has received, or is entitled to receive, a redundancy payment in respect of the cessation of his former employment.
2
If his lump sum compensation would exceed the relevant amount, it is to be reduced by that amount.
3
If his lump sum compensation would equal the relevant amount, it is not to be paid.
4
If his lump sum compensation would be less than the relevant amount–
a
it is not to be paid, and
b
the rate of his annual compensation is to be reduced in accordance with paragraph (6).
5
The relevant amount is–
( 3 × A 10 × B ) - C
where–
A is the amount of the redundancy payment,
B is the length of time, expressed in years and any fraction of a year, by which the credited period exceeds 6⅔rds years, and
C is any amount by which the redundancy payment is reduced under the Redundancy Payments Pensions Regulations 1965 .
6
The reduction mentioned in paragraph (4)(b) is to be calculated from the Table below.
TABLE
Age last birthday Amount of reduction per £100 of difference between lump sum compensation and relevant amount Men Women
50 6.26 5.43 51 6.36 5.48 52 6.47 5.55 53 6.61 5.64 54 6.77 5.75 55 6.96 5.87 56 7.17 6.01 57 7.40 6.16 58 7.64 6.32 59 7.89 6.49 60 8.15 6.67 61 8.43 6.87 62 8.73 7.08 63 9.05 7.32 64 9.39 7.58
Termination payments
13
1
This regulation applies to a credited teacher who receives a termination payment.
2
A termination payment is the aggregate of any lump sum payments made to him by his former employer which–
a
are made in consequence of, or as compensation for, the loss of his former employment, and
b
are made in pursuance of any contract or arrangement or any provision contained in, or made under, any enactment, whenever made or enacted, and
c
are not made by way of compensation under regulation 7 or by way of an excepted payment.
3
The excepted payments are–
a
a redundancy payment in respect of the cessation of his former employment, disregarding any reduction under the Redundancy Payments Pensions Regulations 1965, and
b
so much of any payment in lieu of notice of termination of that employment as does not exceed the remuneration he would, but for its termination, have received for the three months following the material date, and
c
compensation paid under regulation 5.
4
If his lump sum compensation would exceed the termination payment, it is to be reduced by the amount of the termination payment.
5
If his lump sum compensation would equal the termination payment, it is not to be paid.
6
If his lump sum compensation would be less than the termination payment–
a
it is not to be paid, and
b
his annual compensation is to be reduced by the difference.
7
If–
a
by reason of regulation 12(3) or (4) no lump sum compensation is payable, or
b
lump sum compensation was paid before the termination payment became payable,
his annual compensation is to be reduced by the amount of the termination payment.
8
Reductions of annual compensation under paragraphs (6)(b) and (7) are reductions of the total amount payable, and accordingly payment is to be suspended until the full reduction has been achieved.
Periodic payments
14
1
This regulation applies where–
a
relevant periodic payments are payable to a credited teacher or to a person to whom compensation is payable under regulation 9 or 10, and
b
the material date is a date later than 31st August 1985.
2
Relevant periodic payments are payments made by the credited teacher’s former employer which–
a
are in respect neither of a lump sum nor of a return of contributions, and
b
are made as mentioned in regulation 13(2).
3
If the relevant periodic payments in respect of any period equal or exceed the annual or other compensation that would be payable in respect of that period, the compensation is not to be paid.
4
If the relevant periodic payments in respect of any period are less than the compensation, the compensation is to be reduced by the amount of those payments.
New employment
15
1
References in this regulation to regulation E14 are references to regulation E14 of the Superannuation Regulations.
2
This regulation applies while a credited teacher is in employment falling within regulation E14(1)(a) or (b) (“new employment”); but if he is concurrently both in employment falling within regulation E14(1)(a) and in other new employment it applies only in respect of the former.
3
Where this regulation applies in respect of employment falling within regulation E14(1)(a)–
a
while the assumed retirement pension would fall to be reduced under regulation E14(3), no annual compensation is to be paid, and
b
while sub-paragraph (a) does not apply, the rate of his annual compensation is to be reduced by the exess (if any) of (A + G + H) over (C + D − E), where A, C, D and E are the same as in regulation E14(3) and–
G is the full annual rate of his annual compensation, and
H is the annual rate of the assumed retirement pension.
4
Where this regulation applies in respect of employment falling within regulation E14(1)(b)–
a
for any pension quarter in which the assumed retirement pension would fall to be reduced under regulation E14(4), no annual compensation is to be paid, and
b
for any other pension quarter the rate of his annual compensation is to be reduced by the excess (if any) of (F + G + H) over (C + D − E), where C, D, E, G and H are the same as in paragraph (3)(b) and F is the same as in regulation E14(4).
5
For the purposes of paragraphs (3) and (4)–
a
regulation E14(3) and (4) are in every case to be construed as if the former employment were pensionable employment, and
b
if the credited teacher has more than one entitlement to annual compensation, G comprises his total annual compensation but each component is to be reduced only in the proportion which it bears to that total,
and for the purposes of paragraph (4) the pension quarters are the same as in regulation E14(5).
Cessation of new employment
16
1
This regulation applies where–
a
a credited teacher has ceased to be in new employment, other than employment in comparable British service, and
b
the condition in paragraph (2) is satisfied.
2
The condition is that A + B + (C −: D) + E exceeds F, where–
A is his effective service,
B is any period, after the material date and before the earlier of the cessation of the new employment and his 65th birthday, which he is entitled, or would have been entitled if the new employment had been pensionable employment, to count as reckonable service,
C is the credited period,
D is any period by reference to which a previous reduction was calculated under paragraph (3),
E is any period of additional service, or increase in his period of service, falling within paragraph 1 of Part II of the Schedule, and
F is what his effective reckonable service would be on the assumption that his former employment was pensionable employment and continued until his 65th birthday.
3
The full rate of his annual compensation is to be reduced by–
G × H 80
where–
G is the shortest of B, (C − D), and the excess of A + B + (C − D) + E over F, and
H is the smaller of his average salary in his former employment and the amount specified in paragraph (4).
4
The amount is–
J - : J × K K + 100
where–
J is his average salary in his new employment, and
K is the amount by which an official pension within the meaning of the 1971 Act would, by the day after the cessation of the new employment, have been increased if it had begun, and first qualified for increases under that Act, on the day after the material date and had then been payable at an annual rate of £100.
5
For the purposes of paragraph (3) the full rate of his annual compensation is the rate at which it would be payable if no account were taken of any suspension or reduction under regulation 13 or 14, and any reduction required by a previous application of this regulation.
6
For the purposes of paragraphs (3) and (4) regulation E29 of the Superannuation Regulations (average salary) is in every case to be construed as if the former employment and the new employment were pensionable employment.
7
The total amount of annual compensation payable is to be reduced by three times the reduction under paragraph (3) in its full rate, and payment is to be suspended until the reduction required by this paragraph has been achieved.
PART V
MISCELLANEOUS AND SUPPLEMENTAL
Liability for compensation
17
1
Subject to paragraph (6), the cost of compensation to which a person is entitled under these Regulations is to be met by the compensating authority.
2
Subject to paragraphs (3) to (5), the compensating authority is to be ascertained from the first and third columns of the table in Part I of the Schedule.
3
Where–
a
the former employment fell within category D, E, F or G, and
b
in consequence of any amalgamation, merger or other arrangement the institution or university becomes part of another (the “successor establishment”) and ceases to have a separate governing body,
the governing body of the successor establishment becomes the compensating authority.
4
Where–
a
the former employment fell within category D or E, and
b
the institution closes and there is no successor establishment,
the local education authorities who provided the institution with assistance become, jointly, the compensating authority, and each is to meet that proportion of the cost which the aggregate of the assistance it provided during the three years preceding the closure bears to the aggregate of the assistance provided by them all.
5
Where–
a
the former employment fell within category F or G, and
b
the institution or university closes and there is no successor establishment,
the Secretary of State becomes the compensating authority.
6
Where the former employment fell within category C, the Secretary of State may–
a
require the governing body of the school to repay him any amounts paid by him in respect of compensation, or
b
accept from the governing body a single payment of a sum equal to the actuarial value of the total compensation payable, or
c
accept from them the payment of such a sum by not more than five annual instalments.
Arrangements for payment
18
1
A compensating authority may–
a
itself pay any compensation for which it is liable under regulation 17, or
b
arrange for the compensation to be paid by any suitable person and for its reimbursement by the authority.
2
Arrangements for reimbursement may provide–
a
for the periodical repayment by the authority of amounts paid on its behalf, or
b
for a single payment by the authority of a sum equal to the actuarial value of the total compensation payable, or
c
for the payment of such a sum by not more than five annual instalments.
Notification
19
1
As soon as is reasonably practicable after–
a
a teacher has been credited with a period of service under regulation 6, or
b
a credited teacher has died, or
c
any adjustment has been made under Part IV,
the compensating authority is to give a written notification to every person to whom compensation became payable or whose compensation is affected.
2
The notification is to state–
a
where paragraph (1)(a) or (b) applies, what compensation is payable, and
b
where paragraph (1)(c) applies, what adjustment has been made,
and how the compensation or adjustment has been calculated.
Information
20
1
A credited teacher is, within one month after entering or leaving a new employment, to notify the compensating authority in writing that he has done so.
2
A person to whom compensation is payable is to provide the compensating authority with such information, and to produce such documents, as the authority may reasonably require for the purposes of its functions under these Regulations.
Payment of compensation
21
1
Compensation, other than lump sum compensation, is to be paid in arrears–
a
at intervals of one month, or
b
at such longer intervals as may be agreed between the compensating authority and the recipient.
2
Where compensation ceases to be payable before the next date on which a payment would be due, a proportionate payment is to be made for the period ending on the date of cessation.
3
A proportionate payment is a payment of–
( A 12 × B ) + A12 × CD
where–
A is the annual rate of the compensation,
B is the number of complete months, if any, in the period,
C is the number of days remaining in the period after deducting B, and
D is the number of days in the month in which the period ended.
4
If a person entitled to payment of compensation has not attained the age of 18, or is incapable by reason of infirmity of mind or body of managing his affairs, the compensating authority may–
a
pay it to any person having the care of the person entitled, or
b
apply it for the benefit of the person entitled or his dependants.
Compensation not assignable
22
1
Any assignment of or charge on or agreement to assign or charge any compensation payable under these Regulations is void.
2
On the bankruptcy of a person entitled to such compensation no part of the compensation passes to any trustee or other person acting on behalf of the creditors, except in accordance with an income payments order made by a court under section 310 of the Insolvency Act 1986 .
Revocation and transitional provisions
23
1
The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985 are revoked.
2
Part III of the Schedule has effect with respect to transitional matters in connection with the coming into force of these Regulations.


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1989 and shall come into force on 5th June 1989.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be further amended in accordance with the provisions of these Regulations.
3
In regulation 19 (Fees in respect of tests) –
a
for paragraph (3)(b) there shall be substituted the following sub-paragraphs –
b
in the case of Part II of the test for a motor bicycle and the test for motor vehicles of group E, £16.50; and
c
in the case of any other test, £18.00, save that no fee is payable in respect of a test to be taken in an invalid carriage.
; and
b
in paragraph (5) for “£16.50” there shall be substituted “£18.00”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
27th April 1989
We approve the making of these Regulations
Stephen Dorrell
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 1989


text:
1
This Order may be cited as the Aerodromes (Designation) (Facilities for Consultation) Order 1989 and shall come into force on 15th August 1989.
2
The aerodromes specified in the Schedule hereto are hereby designated for the purposes of section 35 of the Civil Aviation Act 1982.
3
The Aerodromes (Designation) (Facilities for Consultation) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Transport
2nd August 1989


text:
Title and commencement
1
This Order may be cited as the Agricultural Wages Committees (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989 and shall come into force on 1st August 1989.
Establishment of a new agricultural wages committee
2
Instead of the separate agricultural wages committees for the county of Northumberland and for the existing combination of the counties of Cleveland, Durham and Tyne and Wear, there shall be an agricultural wages committee for the following combination of counties, namely:-
Cleveland, Durham, Northumberland and Tyne and Wear.
Amendment of the Agricultural Wages Committees (Areas) Order 1974
3
The Agricultural Wages Committees (Areas) Order 1974 shall be amended by substituting for the provisions of the Schedule thereto the provisions set out in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th July 1989.
L.S.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
6th July 1989


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Leicestershire that the new trunk roads are open for through traffic.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“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 contained in the folio numbered HA10/EM48 marked “The (A6) London–Inverness Trunk Road (Quorn–Mountsorrel Bypass De-Trunking) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways to be constructed by the Secretary of State in pursuance of the (A6) London–Inverness Trunk Road (Quorn–Mountsorrel Bypass and Slip Roads) Order 1989; and
iv
“the Trunk Road” means the (A6) London–Inverness Trunk Road.
3
This Order shall come into force on 18th August 1989 and may be cited as the (A6) London–Inverness Trunk Road (Quorn–Mountsorrel Bypass De-Trunking) Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
28th July 1989


text:
Citation and commencement
1
This Order may be cited as the British Railways Board (Vale of Rheidol) Light Railway (Amendment) Order 1989 and shall come into force on 30th March 1989.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“the Board” means the British Railways Board;
“the Company” means Vale of Rheidol Railway Limited incorporated under the Companies Act 1985 and having its registered office at Euston House, 24 Eversholt Street, London NW1 1D2;
“Railway No. 1” and “Railway No. 2” mean respectively the railways more particularly described in the Schedule to this Order;
“the railways” means Railway No. 1 and Railway No. 2;
“the Scheme” means a scheme made under Part I of the Transport Act 1981 transferring the property, rights and liabilities of the Board in the railways to the Company;
“the specified enactment” means section 25 (Restrictions on weight on rails and speed) of the Vale of Rheidol Light Railway (Aberayron Extension) Order 1898; and
“the transfer date” means the day on which the railways are vested in the Company by virtue of the Scheme.
Maintenance and working of Railway No. 1 as a light railway
3
The Board may maintain and work Railway No. 1 as a light railway under, and subject to, the provisions of the Vale of Rheidol (Light) Railway Act 1897 , the Vale of Rheidol Light Railway (Amendment) Order 1902 and this Order.
Assumption of rights, powers, etc. , by the Company
4
As from the transfer date the Company shall, to the exclusion of the Board, be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise for the time being in force in respect of the railways.
Provision as to bridges
5
Sections 116, 117 and 118 of the Transport Act 1968 shall from the transfer date apply to the railways as if references therein to the Board were references to the Company.
Restrictions and conditions as to working of railways
6
The specified enactment is hereby revoked and substituted by the following:–
25
1
The Company shall not use upon the railways any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of the railways at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the railways shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the Company shall comply with any conditions which the Secretary of State may from time to time prescribe for the safety of persons using the railways.
4
If the Company contravenes any of the provisions of this article it shall for each offence be liable on summary conviction to a fine not exceeding one hundred pounds.
.
Public liability insurance
7
1
In this article–
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railways of not less than one million pounds.
2
i
The Company shall not work the railways unless there is in force a policy in accordance with the provisions of this article.
ii
In default of compliance with the provisions of this article the Company shall be liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the Company.
Costs of Order
8
All costs, charges and expenses of and incidental to the preparing for, obtaining and making of this Order or otherwise in relation thereto shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
A.J. Goldman
An Under Secretary in the
Department of Transport
29th March 1989


text:
Title and commencement
1
These Regulations may be cited as the Cereals Co-responsibility Levy (Amendment) Regulations 1989 and shall come into force on 28th April 1989.
Amendment of the Cereals Co-responsibility Levy Regulations 1988
2
The Cereals Co-responsibility Levy Regulations 1988 are hereby amended in accordance with the following provisions of these Regulations.
3
In regulation 2(1) (interpretation)–
a
for the definition of “the Commission Regulation” there shall be substituted the following definition–
“the Commission Regulation” means Commission Regulation ( EEC ) No. 1432/88 laying down detailed rules for applying the co-responsibility levy in the cereals sector , as amended by Commission Regulation (EEC) No. 2324/88 and Commission Regulation (EEC) No. 3858/88 ;
;
b
for the definition of “trader” there shall be substituted the following definition–
“trader” means–
a
any person who purchases from their producer cereals other than cereals placed on the market in the framework of a forward transaction; or
b
any person who places on the market cereals produced by him–
i
by way of direct export from the United Kingdom;
ii
in the form of cereal products; or
iii
in the framework of a forward transaction.
.
4
In regulation 5(3) (registration of traders) for the words “incapacitated or” there shall be substituted the words “incapacitated by reason of physical or mental illness or becomes”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd March 1989


text:
Citation
1
1
This Order may be cited as the Great Yarmouth Port Authority Harbour Revision Order 1989.
2
The Great Yarmouth Port and Haven Acts and Orders 1866 to 1986 and this Order may be cited together as the Great Yarmouth Port Authority Acts and Orders 1866 to 1989.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the respective meanings hereby assigned to them–
“the Act of 1866 ” means the Great Yarmouth Port and Haven Act 1866 ;
“the Chief Executive ” means the Chief Executive and Clerk of the Commissioners ;
“the Commissioners” means the Great Yarmouth Port and Haven Commissioners;
“the 1984 Order ” means the Great Yarmouth Port and Haven (Constitution) Revision Order 1984 ;
“pleasure boat” has the meaning given by section 2 of the Great Yarmouth Port and Haven Act 1963 ;
“the Port Authority” means (on and after the reconstitution date) the body constituted in accordance with article 4;
“the reconstitution date” means the first day of the third month after the expiry of the month current at the coming into force of the Order.
Change of name
3
On and after the reconstitution date the Commissioners as a body shall be called“the Great Yarmouth Port Authority” and individual Commissioners shall be known as Members.
Reconstitution of the Port Authority
4
1
On and after the reconstitution date the Port Authority shall, subject to any casual vacancies, consist of–
a
Three Members appointed by the following local authorities, that is–
i
by the Great Yarmouth Borough Council two.
ii
by the Norfolk County Council one.
b
Seven Members appointed as follows–
i
by the General Council of British Shipping after consultation with persons appearing to them to be representative of owners and operators of vessels other than pleasure boats using the port two
ii
by the British Shippers' Council incorporated in the Freight Transport Association after consultation with the Great Yarmouth Chamber of Commerce one.
iii
by the British Shippers' Council incorporated in the Freight Transport Association after consultation with the Great Yarmouth Port Users' Association and any other persons seeming to them to be, or to represent the interests of, commercial users of the port two.
iv
by the Royal Yachting Association after consultation with the Broads Hire Boat Federation one.
v
by the Transport and General Workers' Union one.
c
the Chief Executive.
2
a
The General Council of British Shipping shall endeavour, in making the appointments referred to in paragraph (1)(b)(i) of this article, to secure the representation of different groups of owners and operators of vessels using the port.
b
The British Shippers' Council shall have regard to the desirability, in making the appointments referred to– (i) in paragraph (1)(b)(ii) and (iii) of this article, of appointing persons with local knowledge and experience;
ii
in paragraph (1)(b)(iii) of this article, of appointing one person to be representative of the oil and gas industries using the port.
c
The Transport and General Workers' Union in exercising its power under paragraph (1)(b)(v) of this article, shall appoint a person involved in port activities in Great Yarmouth.
Rivers Committee
5
On the coming into force of this Order the Rivers Committee shall cease to exist and all members of the Committee shall cease to hold office therein.
Appointment of Members and tenure of Office
6
1
All Commissioners appointed in accordance with article 5 of the 1984 Order except the Chief Executive shall cease to hold office immediately befoe the reconstitution date, which date shall be deemed to be the end of their normal term of office for the purposes of the proviso to article 8(1) of the 1984 Order.
2
a
Not less than one month before the reconstitution date and not later than 1st March in every third year following the year 1989 the appointing authorities referred to in paragraphs (a) and (b) of article 4(1) of this Order shall appoint the Members in accordance with this Order, and shall notify their appointments in writing as soon as possible to the Chief Executive.
b
No Member appointed in accordance with paragraph (a) or (b) of article 4(1) of this Order shall act until notification of his appointment has been received by the Chief Executive.
3
Each Member shall (unless he shall previously die or resign or become disqualified from holding office) hold office–
a
in the case of the first appointments of Members, from the reconstitution date until 31st March 1992;
b
in the case of subsequent appointments of Members (other than appointments to fill a casual vacancy) from 1st April next following appointment for a term of three years.
Amendment of the Act of 1866
7
Section 8 of the Act of 1866 (incorporation of the Great Yarmouth Port and Haven Commissioners) shall have effect as if for the words“the Great Yarmouth Port and Haven Commissioners” there were substituted the words“the Great Yarmouth Port Authority”.
Amendment of the 1984 Order
8
1
In the 1984 Order for the word“Commissioners” wherever it appears there shall be substituted the word“Members”.
2
Article 10(1) of the 1984 Order shall have effect as if after the word“Commissioner” where it first appears were inserted the words“except the Chief Executive” and as if the following sub-paragraph were inserted after sub-paragraph (d)–
e
persistently acts in a manner calculated seriously to impede or prejudice the carrying on of the business of the Members.
3
Paragraphs 1(1) and 7 of Schedule 1 to the 1984 Order shall have effect as if in each case“April” were substituted for“March”.
Repeal
9
The provisions of the enactments specified in the Schedule to this Order shall be repealed on the dates shown.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
22nd August 1989


text:
1
1
This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) Order 1989 and shall come into force on 1st August 1989.
2
In this Order —
references to the third and fourth key stages are references to the periods set out in section 3(3)(c) and (d) respectively of the Education Reform Act 1988; and
references to relevant pupils are references to pupils in the third and fourth key stages in respect of whom there is a requirement to study a modern foreign language as a foundation subject.
2
1
Subject to paragraph (2), the modern foreign languages listed in Schedules 1 and 2 hereto are hereby specified as foundation subjects in relation to the third and fourth key stages.
2
A language listed in Schedule 2 is not a foundation subject unless the condition set out in paragraph (3) is satisfied.
3
The condition referred to in paragraph (2) is that the school at which the language is taught also offers all relevant pupils the opportunity of studying one or more of the languages set out in Schedule 1 for the purposes of the National Curriculum.


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The length of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Northamptonshire that the new trunk road is open for through traffic.
5
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/EM53 marked “The A6 Trunk Road (Burton Latimer Bypass) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order; and
iv
“the trunk road”
means the A6 Trunk Road
8
This Order shall come into force on 26th October 1989 and may be cited as the A6 Trunk Road (Burton Latimer Bypass) Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
3rd October 1989


text:
1
These Regulations shall be cited as the Service Subsidy Agreements (Tendering) (Amendment) Regulations 1989 and shall come into force on 11th April 1989.
2
The Service Subsidy Agreements (Tendering) Regulations 1985 shall be amended in accordance with the following Regulations.
3
In regulation 3(1)(b)–
a
for “£4,000” in both places where it occurs there shall be substituted “£8,000”; and
b
for “£20,000” there shall be substituted “£40,000”.
Paul Channon
Secretary of State for Transport
3rd March 1989
Malcolm Rifkind
Secretary of State for Scotland
8th March 1989
Peter Walker
Secretary of State for Wales
9th March 1989


text:
Citation and commencement
1
This Order may be cited as the Financial Services (Disclosure of Information) (Designated Authorities) (No. 6) Order 1989 and shall come into force on 28th November 1989.
Designation of authorities and specification of functions
2
For the purposes of section 180 of the Financial Services Act 1986,
a
the Director General of Fair Trading is designated as an authority in relation to his functions under:
i
the Fair Trading Act 1973 (other than Part II of that Act);
ii
the Consumer Credit Act 1974 ;
iii
the Estate Agents Act 1979 ;
iv
the Control of Misleading Advertisements Regulations 1988 ;
v
the Restrictive Trade Practices Act 1976 ; and
vi
the Competition Act 1980 ; and
b
the Monopolies and Mergers Commission are designated as an authority in relation to their functions under the Fair Trading Act 1973 and the Competition Act 1980.
3
For the purposes of section 449 of the Companies Act 1985 the Director General of Fair Trading is designated as an authority in relation to his functions under: —
a
Part III of the Fair Trading Act 1973;
b
the Consumer Credit Act 1974;
c
the Estate Agents Act 1979; and
d
the Control of Misleading Advertisements Regulations 1988.


text:
Citation and commencement
1
This Order may be cited as the Bodmin Railway Centre Light Railway Order 1989 and shall come into force on 1st September 1989.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:–
“ the Board ” means the British Railways Board;
“ the Company ” means the Bodmin and Wenford Railway plc incorporated under the Companies Acts 1948 to 1981 and whose registered office is at 6, Harleigh Road, Bodmin, Cornwall;
“ the Council ” means the North Cornwall District Council;
“the lease” means any lease granted in pursuance of the powers of paragraph (1) of article 7 (Leasing of railway to Trust) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operator” means the body for the time being authorised pursuant to the powers of this Order to operate any part of the railway;
“the principal Act ” means the Light Railways Acts 1896 and 1912, as amended by the Railways Act 1921;
“the railway” means the railway more particularly described in the Schedule to this Order including all lands and works relating thereto;
“the sub-lease” means any sub-lease granted in pursuance of the powers of paragraph (1) of article 8 (Sub-letting of railway to Company) of this Order, any extension of the same or any new sub-lease granted under any statutory powers or provisions:
“ the Trust ” means the Bodmin and Wenford Railway Trust, a company limited by guarantee and incorporated on 24th November 1987 whose registered office is at 6, Harleigh Road, Bodmin, Cornwall.
Incorporation of general Acts
3
1
Section 16 (Works to be executed), sections 18 to 23 (Protection of gas and water mains) and section 87 (Company empowered to contract with other companies) of the Railways Clauses Consolidation Act 1845 are incorporated with and form part of this Order, so far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be the special Act for the purposes of the incorporated provisions.
2
Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the Light Railways Act 1896 as are still in force (except section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and the Company’s servants to be provided) and sections 1 and 5 of the Regulation of Railways Act 1889 (power to order certain provisions to be made for public safety and penalty for avoiding payment of fare), shall not apply to the railway.
3
In its application to the railway the said section 22 of the Regulation of Railways Act 1868 shall have effect as if the words“and travels more than twenty miles without stopping” were omitted therefrom.
4
Without prejudice to the foregoing provisions of this article, sections 116 to 119 of the Transport Act 1968 shall apply to the railway as if references in those sections to the Board were references to the Council.
Transfer of rights, etc. in railway to Council
4
1
On the coming into force of this Order all such rights, interests, powers, privileges and obligations as are vested in or borne by the Board immediately before that day with respect to the railway shall be transferred to and vest in the Council and thereafter the Council shall to the exclusion of the Board be entitled to the benefit of, and to exercise, all such rights, interests, powers and privileges and be subject to all such obligations, whether statutory or otherwise, then in force to the intent that the Board shall be released from all such obligations.
2
The Council may work the railway as a light railway under the principal Act and in accordance with the provisions of this Order.
Gauge of railway and motive power
5
The railway shall be operated on a gauge of 1.435 metres (4 feet 8½ inches) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of any such apparatus.
Restriction of weight on rails and of speed and as to conveyance of passengers
6
1
The operator shall not use upon the railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The operator shall not run any train or engine upon any part of the railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the operator shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the railway.
4
If the operator acts in contravention of any of the provisions of this article it shall for each offence be liable on summary conviction to a fine not exceeding one hundred pounds.
Leasing of railway to Trust
7
1
The Council may lease to the Trust the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council in accordance with article 4 (Transfer of rights, etc. in railway to Council) of this Order on such terms and conditions as may be agreed between the Council and the Trust.
2
During the continuance and subject to the terms of any lease granted under paragraph (1) above the Trust shall to the exclusion of the Council be entitled to the benefit of, and to exercise, all such rights, interests, powers and privileges and be subject to all such obligations of the Council whether statutory or otherwise as are transferred to or conferred on the Council in accordance with article 4 above and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.
Sub-letting of railway to Company
8
1
During the continuance and subject to the terms of any lease granted under article 7 (Leasing of railway to Trust) of this Order the Trust may sub-let to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obigations vested in the Trust in accordance with that article on such terms and conditions as may be agreed between the Trust and the Company.
2
During the continuance of any sub-lease granted under paragraph (1) above the Company shall to the exclusion of the Trust be entitled to the benefit of, and to exercise, all such rights, interests, powers and privileges and be subject to all such obligations of the Trust whether statutory or otherwise as are transferred to or conferred on the Trust pursuant to article 7 (Leasing of railway to Trust) of this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the sub-lease.
Public liability insurance
9
1
In this article–
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in Great Britain or in Northern Ireland insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than one million pounds.
2
a
The operator shall not work the railway unless there is in force a policy in accordance with the provisions of this article.
b
In default of compliance with the provisions of this paragraph the operator shall be liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine.
3
The Trust shall while it is the operator–
a
at all times maintain a policy approved by the Council in the joint names of the Trust and the Council and in default thereof the Council may (without prejudice to any other powers granted under this Order) effect and maintain such policy and pay the premiums payable in respect thereof so that the premiums so paid and all incidental expenses shall be repaid by the Trust to the Council on demand;
b
at the request of the Council produce to the Council such evidence as may be requisite for the purpose of proving compliance with the provisions of this paragraph.
4
The Company shall while it is the operator–
a
at all times maintain a policy approved by the Trust and the Council in the joint names of the Company, the Trust and the Council and in default thereof the Council or the Trust may (without prejudice to any other powers granted under this Order) effect and maintain such policy and pay the premiums payable in respect thereof so that the premiums so paid and all incidental expenses shall be repaid by the Company to the Council or the Trust, as the case may be, on demand;
b
at the request of the Council or the Trust produce to the Council or the Trust such evidence as may be requisite for the purpose of proving compliance with this paragraph.
5
Notwithstanding and without prejudice to the provisions of this article, the Council and the Trust or any of them may while the railway is sub-let to the Company effect and maintain a public liability policy in their own name with an insurer providing such cover for such period or periods and generally in such manner as they may from time to time determine.
6
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the operator.
For protection of public gas suppliers
10
Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986 , in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the railway is constructed.
For protection of Water Authority
11
Nothing in this Order shall prejudice or affect the rights of the South West Water Authority in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the railway is constructed.
Expenditure outside district
12
The capital expenditure of the Council on the part of the railway outside their district shall not exceed £2,000 or such other sum as the Secretary of State may under the circumstances think fit.
Costs of Order
13
All costs, charges and expenses of and incidental to the preparing for, obtaining and making of this Order or otherwise in relation thereto shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State.
J. R. Coates
An Under Secretary in the
Department of Transport
31st August 1989


text:
1
This Order may be cited as the Visiting Forces and International Headquarters (Application of Law) (Amendment) Order 1989, and shall come into force forthwith.
2
In article 3 (3) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 (which applies that Order to the visiting forces mentioned therein) for “Italy and the Federal Republic of Germany” there shall be substituted “Italy, the Federal Republic of Germany and Spain”.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1989 and shall come into force on 19th June 1989.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
2
1
The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (citation, commencement and interpretation) after the definition of “preserved board” there shall be inserted the following definition–
“training course” includes any arrangements made by the Secretary of State pursuant to section 2(1) of the Employment and Training Act 1973 by way of courses of training, instruction or rehabilitation for the purpose of assisting persons to select, train for, obtain and retain employment;
.
3
In regulation 7(4) (days not to be treated as days of unemployment or incapacity for work) for the words “where such award” to the end, there shall be substituted the words “so long as such an award remains upaid and the employer is, or subsequently becomes, insolvent within the meaning of section 127 of that Act.”.
4
In regulation 7A(1) (days deemed to be days of entitlement to sickness benefit) for paragraph (c) there shall be substituted the following paragraph–
c
the first day of that period of interruption of employment–
i
falls within a period of 57 days immediately following the last day upon which an employer was liable to make to him a payment of statutory sick pay in that period of entitlement, or
ii
is a day of unemployment and falls before the commencement of that period of entitlement.
.
5
For paragraph (2) of regulation 15 (reckoning periods of interruption of employment as a result of certain regular treatment) there shall be substituted the following paragraph–
2
The cases referred to in paragraph (1) are those where the days of incapacity for work in question result from–
a
regular weekly treatment by way of haemodialysis for chronic renal failure or peritoneal dialysis for chronic renal failure, or
b
treatment by way of plasmapheresis, chemotherapy with cytotoxic drugs or radiotheraphy.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
22nd May 1989


text:
1
The M40 (London–Oxford) Motorway (Stokenchurch to Waterstock Crossroads Section) Scheme 1970 is hereby varied by deleting therefrom that part of the route of the special road described in Schedule 1 thereto which extends for a distance of 242 yards eastwards from a point on the London-Oxford-Fishguard Trunk Road (A40) 25 yards east of Waterstock Lane at Great Milton in Oxfordshire.
2
This Scheme shall come into force on the 5th April 1989 and may be cited as the M40 (London–Oxford) Motorway (Stokenchurch to Waterstock Crossroads Section) Variation Scheme 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
15th March 1989


text:
Title and commencement
1
This Order may be cited as the Precept Limitation (Prescribed Maximum) (Inner London Education Authority) Order 1989 and shall come into force on 14th February 1989.
Prescription of maximum precept
2
There is hereby prescribed under section 1 of the Rates Act 1984, for the financial year beginning on 1st April 1989, as the maximum precept for the Inner London Education Authority the amount of 78.42 pence in the pound.
Kenneth Baker
Secretary of State for Education and Science
9th February 1989


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 1989 and shall come into force on 17th July 1989.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In the Schedule to the Act of Sederunt (Fees of Messengers-at-Arms) 1978 , in the paragraphs specified in column 1 of the following table, for the fees specified in column 2 substitute the fees specified in column 3 of the table, and the fees so substituted shall be payable in respect of work done on or after the date on which this Act of Sederunt comes into force.
TABLE
Column 1 Column 2 Column 3 (paragraphs) (old fees) (new fees)
1 3.50 3.80 2 4.50 4.85 3 8.50 9.20 4 5.50 5.95 4 5.50 5.95 5(a) 23.00 24.85 5(a) 11.50 12.40 5(b) 13.50 14.05 5(b) 7.00 7.55 6 46.00 49.70 7(a) 8.50 9.20 7(a) 2.75 2.95 7(b) 2.75 2.95 7(d) 2.25 2.45 7(f) 8.50 9.20 7(g) 4.20 4.55 7(h) 7.05 7.60 7(i) 3.55 3.85 7(j) 3.55 3.85 7(k) 3.55 3.85 7(l) 7.05 7.60 8(a) 4.50 4.85 8(b) 2.25 2.45 8(c) 4.50 4.85 8(d) 2.25 2.45 8(e) 11.50 12.40 8(f) 7.00 7.55 8(g) 2.25 2.45 8(i) 3.50 3.80 8(j) 3.55 3.85 8(k) 4.20 4.55 8(l) 3.55 3.85 8(m) 7.05 7.60 8(n) 4.60 4.95 8(o) 4.20 4.55 8(p) 5.60 6.05 8(q) 2.25 2.45 8(r) 2.25 2.45 8(s) 11.55 12.45 8(s) 4.60 4.95 8(s) 2.25 2.45 8(t) 8.50 9.20 8(t) 2.75 2.95 8(u) 11.55 12.45 8(v) 11.55 12.45 8(v) 4.60 4.95 8(v) 2.25 2.45 8(w) 7.05 7.60 8(x) 7.05 7.60 9 0.75 0.80 11 0.75 0.80 11 0.75 0.80 11 0.35 0.40 11 7.05 7.60 12 3.50 3.80
Emslie
Lord President, IPD
Edinburgh
15th June 1989


text:
1
The new highways which the Secretary of State proposes to construct –
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as the “main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the roundabout and the slip roads”)
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that –
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA 10/2E/319 marked “The A47 Leicester-Great Yarmouth Trunk Road (Norwich Southern Bypass and Slip Roads) (Southern and Eastern Section) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means “the main new trunk road” and “the roundabout and the slip roads”; and
iii
“the trunk road” means the A47 Leicester-Great Yarmouth Trunk Road.
5
This Order shall come into force on 9th January 1990 and may be cited as the A47 Leicester-Great Yarmouth Trunk Road (Norwich Southern Bypass and Slip Roads) (Southern and Eastern Section) Order 1989.
Signed by authority of the Secretary of State
Pter Emms
Regional Director Eastern Region
Department of Transport
29th November 1989


text:
Title, commencement and revocation
1
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) Regulations 1989 and shall come into force on 1st January 1990.
2
The Medicines (Medicated Animal Feeding Stuffs) Regulations 1988 are hereby revoked.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Medicines Act 1968;
“animal feeding stuff” means any substance which is intended for use either by being fed to one or more animals or as an ingredient in the preparation of such a substance, not being in either case a medicinal product;
“the Department” means the Department of Agriculture for Northern Ireland;
“final medicated feeding stuff” means any substance, not being a medicinal product which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;
“fish farmer” means–
a person carrying on a business of fish farming or shellfish farming which is registered in a register kept by the Minister or the Secretary of State (as the case may be) pursuant to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 ; or
a person to whom a licence has been granted by the Department under section 11 of the Fisheries Act (Northern Ireland) 1966 ;
“intermediate feed” means a medicated feeding stuff sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
“medicinal product” means a medicinal product as defined in section 130 of the Act and, for the purposes of these Regulations, includes “intermediate feed”;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“prescription only medicine” means a medicinal product falling within a description or class for the time being specified for the purposes of section 58 of the Medicines Act 1968 in an Order made under that section ;
“the Register” means the Register kept under regulation 6(1)–
by the registrar as respects Great Britain, or
by the Department as respects Northern Ireland;
“the Society” means the Royal Pharmaceutical Society of Great Britain;
“veterinary written direction” means a written direction given by a veterinary surgeon or a veterinary practitioner in accordance with regulation 5.
2
Reference in these Regulations to the incorporation of a medicinal product in an animal feeding stuff do not include a reference to it being so incorporated in the course of making a medicinal product; but subject to that, they include a reference to the incorporation–
a
for a medicinal purpose of a substance or article other than a medicinal product, or
b
of a substance in which a medicinal product has been incorporated,
in an animal feeding stuff.
3
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Restrictions on incorporation of medicinal products in animal feeding stuffs
3
1
No person shall, in the course of a business carried on by him, incorporate a medicinal product of any description in an animal feeding stuff unless–
a
there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and, subject to paragraph (2) below–
i
where the medicinal product is incorporated at a rate below 2 kilograms per tonne, his name is entered in Part A of the Register in respect of the premises where the medicinal product is incorporated, or
ii
in any other case, his name is entered in Part A or Part B of the Register in respect of the premises where the medicinal product is incorporated; and
b
the medicinal product is incorporated–
i
in accordance with provisions relating to the incorporation of the medicinal product in animal feeding stuffs contained in a product licence or animal test certificate (whether held by him or another person), or
ii
in accordance with a veterinary written direction; or
c
his name is entered in the Register and he–
i
intends to export the animal feeding stuff in accordance with a written export order;
ii
stores such animal feeding stuff in a part of a building separate from the storage of any other animal feeding stuff; and
iii
keeps, for a period of at least 2 years from the date of the sale or supply, a record of–
aa
the name and address of the purchaser;
bb
the written export order; and
cc
the name, identification and quantity of the animal feeding stuff.
2
The requirement for this name to be entered in the Register, specified in paragraph (1)(a)(i) or (ii) above, shall not apply–
a
to a fish farmer;
b
to a person incorporating a medicinal product in accordance with a veterinary written direction where–
i
a veterinary surgeon or veterinary practitioner has reason to believe it necessary to authorise a derogation from that paragraph on grounds of immediate danger to the health of animals under his care and the veterinary written direction authorises such derogation on those grounds, and
ii
the person incorporating the medicinal product sends a copy of the veterinary written direction to the Society or the Department within 28 days of incorporation; or
c
to a person operating mobile mixing equipment if–
i
his name is entered in the Register in respect of the premises where his mobile equipment is normally kept, and
ii
in a case where his name is entered in Part B of the Register, the medicinal product is incorporated in the animal feeding stuff at a rate of at least 2 kilograms per tonne.
Restrictions on sale, supply and importation of animal feeding stuffs in which medicinal products have been incorporated
4
1
No person shall, in the course of a business carried on by him, sell or supply any animal feeding stuff in which a medicinal product, not being a prescription only medicine, has been incorporated unless the medicinal product was incorporated in accordance with regulation 3.
2
No person, shall import any animal feeding stuff in which a medicinal product, not being a prescription only medicine, has been incorporated unless there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person), and the medicinal product was incorporated in accordance with regulation 3(1)(b).
3
No person shall, in the course of a business carried on by him, sell or supply any animal feeding stuff in which a prescription only medicine has been incorporated unless–
a
subject to paragraph (5) below, there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and the animal feeding stuff is sold or supplied in accordance with a veterinary written direction; or
b
that person is satisfied that the sale or supply has been requested by a veterinary surgeon or a veterinary practitioner who, by reason of any emergency, is unable to furnish a veterinary written direction immediately but who has undertaken to furnish that person with a veterinary written direction within 72 hours.
4
No person shall import any animal feeding stuff in which a prescription only medicine has been incorporated unless there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and the animal feeding stuff is sold, supplied or imported in accordance with a veterinary written direction.
5
Paragraph (3)(a) above shall not apply where any animal feeding stuff in which a prescription only medicine has been incorporated in accordance with regulation 3(1)(b)(i) is sold or supplied to a person–
a
whose name is entered in Part A of the Register and whom the seller or supplier knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, and in the course of carrying on a business, either as his sole business activity or as a part of his business activities unless for research or educational purposes only, or
b
whose name is entered in the register kept by the Society or by the Department of Health and Social Services for Northern Ireland under article 3(7) of the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) ( No. 2) Order 1989 .
Veterinary written directions
5
A veterinary written direction given for the purposes of regulation 3 or 4 shall–
a
be in the form, including the notes thereto, set out in the Schedule to these Regulations or in a form substantially to the like effect,
b
be written in ink or otherwise so as to be indelible, and
c
be signed in ink in his own name by the veterinary surgeon or veterinary practitioner giving it.
Registration of persons incorporating medicinal products in animal feeding stuffs
6
1
The registrar and the Department shall each keep for the purposes of these Regulations a Register–
a
Part A of which shall be a list of persons entitled in the course of businesses carried on by them, to incorporate medicinal products in animal feeding stuffs on premises in respect of which their names are entered in that Part of the Register, and to sell or supply animal feeding stuffs in which medicinal products have been incorporated; and
b
Part B of which shall be a list of persons as being persons entitled, in the course of businesses carried on by them, to incorporate medicinal products in animal feeding stuffs on premises in respect of which their names are entered in that Part of the Register at a rate of at least 2 kilograms per tonne, and to sell or supply animal feeding stuffs in which medicinal products have been so incorporated.
2
Where a person who, whilst carrying on a business elsewhere than in Northern Ireland, makes an application in writing to the registrar on or after the date these Regulations come into force for his name to be entered in Part A or Part B of the Register, in respect of any premises on which any medicinal product is to be incorporated in an animal feeding stuff by him in the course of that business or, in the case of a person operating mobile mixing equipment, in respect of the premises where that equipment is normally kept, the registrar shall, subject to paragraphs (7) and (8) below, enter his name in Part A or B (as the case may be) of the Register in respect of those premises.
3
Where a person who, whilst carrying on a business in Northern Ireland, makes an application in writing to the Department on or after the date these Regulations come into force for his name to be entered on Part A or Part B of the Register, in respect of any premises on which any medicinal product is to be incorporated in an animal feeding stuff by him in the course of that business or, in the case of a person using mobile mixing equipment, in respect of the premises where that equipment is normally kept, the Department shall, subject to paragraphs (7) and (8) below, enter his name in Part A or B (as the case may be) of the Register in respect of those premises.
4
Subject to paragraphs (9) and (11) below, a person whose name is entered in the Register in respect of any premises shall, in order to retain his name in the Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of July in any such year make an application in writing to the registrar or the Department (as the case may be) for his name to be retained in the Register in respect of those premises.
5
Subject to paragraphs (10) and (11) below, a person whose name is removed from the Register in respect of any premises by reason only that he failed either to make proper application for the retention of his name in the Register pursuant to paragraph (4) above or to pay the fee due in respect of the retention of his name in the Register pursuant to paragraph (9) below may, in order to restore his name to the Register in respect of those premises, make an application in writing to the registrar or the Department (as the case may be) for his name to be restored to the Register in respect of those premises.
6
There shall be paid to the registrar or the Department–
a
in respect of the entry of the name of any person in respect of any premises–
i
in Part A of the Register a fee of £150 for each premises;
ii
in Part B of the Register a fee of £50 for each premises;
b
in respect of the retention of the name of any person in respect of any premises–
i
in Part A of the Register a fee of £150 for each premises;
ii
in Part B of the Register a fee of £50 for each premises;
c
in respect of the restoration of the name of any person in respect of any premises–
i
to Part A of the Register a fee of £270 for each premises;
ii
to Part B of the Register a fee of £95 for each premises.
7
The registrar or the Department shall refuse to enter in the Register the name of any person in respect of any premises unless–
a
that person–
i
has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6)(a)(i) above for the entry of his name in Part A of the Register, and
ii
has given an undertaking in writing to the registrar or the Department (as the case may be) that he will comply with the provisions of the Code of Practice for Category A Registered Manufacturers of Medicated Animal Feeding Stuffs published by the Ministry of Agriculture, Fisheries and Food on 18th December 1987; or
b
that person–
i
has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6)(a)(ii) above for the entry of his name in Part B of the Register, and
ii
has given an undertaking in writing to the registrar or the Department (as the case may be) that he will comply with the provisions of the Code of Practice for Category B Registered Manufacturers of Medicated Animal Feeding Stuffs published by the Ministry of Agriculture, Fisheries and Food on 18th December 1987.
8
The registrar, with the approval of the Minister, or the Department, may refuse to enter in the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (as the case may be), that person cannot demonstrate that the standards required by the Code of Practice referred to in paragraph (7)(a)(ii) or (7)(b)(ii) above as appropriate are met.
9
The registrar or the Department shall refuse to retain in the Register in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the registrar or the Department (as the case may be) on or before 31st July in that year the fee specified in paragraph (6)(b)(i) or (ii) above as appropriate for the retention of his name in the Register.
10
The registrar or the Department shall refuse to restore to the Register the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (5) above, has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6)(c)(i) or (ii) above as appropriate for the restoration of his name to the Register.
11
The registrar, with the approval of the Minister, or the Department, may refuse to retain in or to restore to, or may remove from, the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (as the case may be), that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (7)(a)(ii) or (7)(b)(ii) above as appropriate.
12
In respect of any premises the registrar or the Department may remove from the Register the name of any person entered in it, at the request of that person.
13
The registrar and the Department shall furnish to the Minister on or before 1st November each year an up to date copy of the Register and at monthly intervals thereafter any amendments to the Register.
Defences
7
1
Any person who, in the course of a business carried on by him, sells, supplies, imports or incorporates a medicinal product of any description in an animal feeding stuff in accordance with a forged veterinary written direction, shall not be guilty of an offence under these Regulations if, having exercised all due diligence, he believes on reasonable grounds that the veterinary written direction is genuine.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
7th December 1989
Peter Walker
Secretary of State for Wales
8th December 1989
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th day of December 1989.
W. J. Hodges
Permanent Secretary
We consent
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1989