text:
Citation and commencement
1
1
This Order may be cited as the Lerwick Harbour Revision Order 1989 and shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
2
This Order shall be included among the Acts and Orders which may be cited together as the Lerwick Harbour Acts and Orders 1877 to 1989 (hereinafter referred to as “the Harbour Acts and Orders”).
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively–
“existing harbour limits” means the limits of the port and harbour of Lerwick as described in Part II of the Schedule to the Lerwick Harbour (Miscellaneous Provisions) Order Confirmation Act 1975 ;
“level of high water” means the level of mean high water springs;
“the Trustees” means the Trustees of the port and harbour of Lerwick for the time being acting under the Harbour Acts and Orders.
Alteration of limits of port and harbour of Lerwick
3
1
As from the coming into force of this Order the limits of the port and harbour of Lerwick and of the area within which the Trustees shall have authority to exercise powers by virtue of any jurisdiction or function conferred or imposed or transferred to them by the Harbour Acts and Orders or by any other enactment shall be extended to include the area to the south of the existing harbour limits comprising the waters of the Sound of Bressay and Voe of Sound including all creeks, inlets and voes bounded by a straight line from the southern extremity of the level of high water of Ness of Sound in the mainland of Shetland in an easterly direction across the Sound of Bressay or Lerwick Harbour to the western extremity of the level of high water of Whinna Skerry thence proceeding on the same line through Whinna Skerry across the sea to the level of high water on the west coast of the Island of Bressay and by a straight line drawn from Kirkabister Ness (latitude 60° 07.19' N, longitude 01° 07.02' W) 271° (true) across the sea to Trebister Ness (latitude 60° 07.19' N, longitude 01° 10.39'W).
2
A map showing the harbour limits as extended under this Order and showing the added area hatched red, marked “The Lerwick Harbour Revision Order 1989 – Extended Limits of Lerwick Harbour” has been signed in triplicate on behalf of the Secretary of State for Transport and the Secretary of State for Scotland. Copies of the map have been deposited at the offices of the Secretary of State for Transport, Romney House, 43 Marsham Street, London SW1P 3EB; at the offices of the Secretary of State for Scotland, Department of Agriculture and Fisheries for Scotland, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW; and at the offices of the Shetland Islands Council, Town Hall, Lerwick. The said map shall be available for inspection at these offices at all reasonable hours.
3
In the event of any discrepancy between the foregoing description in words of the added area and the area hatched red on the said map the description in words shall prevail.
4
All enactments conferring rights, powers, privileges and immunities or imposing duties, obligations and liabilities upon the Trustees and all byelaws and regulations made by the Trustees which relate to or are in force in the existing harbour limits shall relate to and have effect in the area added under the terms of article 3(1) of this Order.
5
Nothing in this Order shall affect the operation within the existing harbour limits of such of the provisions of the Harbours, Docks, and Piers Clauses Act 1847 as immediately before the coming into force of this Order were operative within those limits and the said provisions shall extend and apply to the area added under the terms of article 3(1) of this Order.
Costs of Order
4
The costs, charges and expenses of and incidental to the preparing and obtaining of this Order, and otherwise in relation thereto (other than costs, charges and expenses which any person is lawfully ordered to pay by the Secretary of State or a Joint Committee of both Houses of Parliament or any costs incurred in opposing this Order) shall be paid by the Trustees.
Paul Channon
Secretary of State for Transport
8th April 1989
Malcolm Rifkind
Secretary of State for Scotland
20th April 1989


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (Port of Tyne Authority and British Railways Board) Order 1989 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 3 and 5 to 13 entitled “Maps referred to in the Tyne and Wear Development Corporation (Vesting of Land) (Port of Tyne Authority and British Railways Board) Order 1989”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Transport, the British Railways Board, the Port of Tyne Authority, the councils of the city of Newcastle upon Tyne, the boroughs of North Tyneside, South Tyneside and Sunderland and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and either stippled or edged internally with a stippled band on a numbered map.
Vesting of Land
3
The land described in
a
Part 1 of the Schedule hereto, and now vested in the Port of Tyne Authority, and
b
Part 2 of the Schedule hereto, and now vested in the British Railways Board, or, in either case, in a local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
7th June 1989
Paul Channon
Secretary of State for Transport
2nd June 1989


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Schools and Further and Higher Education) Regulations 1989 and shall come into force on 1st April 1989.
Revocations
2
Regulations 2, 3(b), 6, 7 and 8, and Part IV of, and the Schedules to the Education (Schools and Further Education) Regulations 1981 (“the 1981 Regulations ”) are hereby revoked to the extent that they continue to have effect on the repeal of section 27 of the Education Act 1980 and the coming into force of section 218 of the Education Reform Act 1988 on 1st April 1989.
Amendment
3
In regulation 13 of the 1981 Regulations (transfer of educational records) there shall be substituted for the words “further education establishment” in the first place where they appear the words “institution falling within section 218(10) of the Education Reform Act 1988” and in the second place where they appear the word “institution”.
Schools and institutions to which the Regulations apply
4
1
Except where the context otherwise requires, in these Regulations–
a
a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained or a grant-maintained school;
b
subject to paragraph (2) below, a reference to a further or higher education institution is a reference to an institution providing further education or higher education (or both) maintained by a local education authority or to one not so maintained which is designated by or under Schedule 1 as an institution substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the Education Act 1944 ;
c
a reference to a PCFC institution is a reference to an institution treated as within the Polytechnics and Colleges Funding Council funding sector by virtue of section 132(6) of the Education Reform Act 1988;
d
a reference to an institution, without qualification, is a reference to a further or higher education institution or a PCFC institution.
2
Part III of these Regulations does not apply to an institution in Wales.
Approvals
5
Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case.
Interpretation
6
1
In these Regulations any reference to a hostel for pupils with special educational needs is a reference to a boarding hostel provided by a local educational authority for pupils with such needs attending a school or further or higher education institution; and for the purposes hereof the expression “special educational needs” has the same meaning as in the Education Act 1981 .
2
Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained therein or to a Schedule thereto and any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule.
PART II
PROVISIONS APPLYING TO SCHOOLS AND FURTHER AND HIGHER EDUCATION INSTITUTIONS
Substances and apparatus involving health hazards
7
1
This regulation shall apply in relation to the use of–
a
any radioactive substance which has an activity in excess of 0.002 of a microcurie per gram, or
b
any apparatus in which electrons are accelerated by a potential difference of at least 5 kilovolts other than–
i
a television receiving set, or
ii
an apparatus designed primarily to produce visual images derived from video recordings, closed circuit television equipment or the output of a computer.
2
No such substance or apparatus shall be used for the purposes of instruction at a school or further or higher education institution unless that use is for the time being approved by the Secretary of State; and an approval given for the purposes hereof shall be withdrawn if at any time the Secretary of State is of the opinion that the arrangements made for the health and safety of the pupils and staff at the school or institution are inadequate.
Approval of premises
8
1
In the case of–
a
subject to paragraph (3), a school,
b
a further or higher education institution, or
c
a hostel for pupils with special educational needsno new premises shall be provided where the proposals involve building work (whether by way of alterations to premises to be acquired or the construction of new premises), and no alteration shall be made to existing premises, without the approval of the Secretary of State under this regulation.
2
For the purposes hereof, where it is proposed–
a
to provide new premises and the proposals involve building work, or
b
to make alterations to existing premises,the authority or persons making the proposals shall, at such time and in such form and manner as the Secretary of State may direct, submit to him such particulars with respect of the building work or alterations as he may require.
3
This regulation shall not apply in the case of a school where particulars with respect to the premises or alterations have been submitted to the Secretary of State for his approval in pursuance of section 14 of the Education Act 1980 or section 90 of the Education Reform Act 1988.
Inspection of hostels
9
A hostel for pupils with special educational needs shall be open to inspection by a person being either one of Her Majesty’s Inspectors appointed under section 77 of the Education Act 1944 or a person authorised for the purposes hereof by the Secretary of State.
PART III
PROVISIONS APPLYING TO INSTITUTIONS
10
This Part shall apply in the case of a course designated as a course of initial teacher training by or under Schedule 2 (“a designated course”).
Provision of designated courses
11
A designated course shall not be provided at an institution without the approval of the Secretary of State or, where such approval is given subject to conditions, otherwise than in accordance with those conditions.
Discontinuance of designated courses
12
A designated course shall cease to be provided at an institution if the Secretary of State so directs, at such time as may be specified in his direction subject, however, to such transitional provisions, if any, as may be so specified.
Directions as to numbers and categories of students
13
Without prejudice to the powers of the Secretary of State under regulations 11 and 12, he may from time to time give directions as to the numbers and categories of students to be admitted to a designated course provided at an institution and any such directions shall be binding on the persons concerned with admissions at the institution in question.


text:
Citation and commencement
1
This Order may be cited as the Medicines (Intermediate Medicated Feeding Stuffs) Order 1989 and shall come into force on 1st January 1990. Specification of intermediate medicated feeding stuffs to be treated as medicinal products
2
1
For the purposes of the Medicines Act 1968, the class of medicated feeding stuff specified in paragraph (2) below is to be treated as a medicinal product (subject to the provisions of section 130 (4) and (5) of that Act).
2
The class referred to in paragraph (1) above is any substance which is manufactured, 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. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th December 1989
Peter Walker
Secretary of State for Wales
18th December 1989
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 19th day of December 1989.
W J Hodges
Permanent Secretary


text:
Title, commencement and interpretation
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment (No.2) Order 1989 and shall come into force on 31st July 1989.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) Order 1989 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or after 31st July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from any sheep described in paragraph (a) of this article, and accordingly that Order is amended in accordance with the following provisions of this Order.
3
In article 5, for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
e
any sheep which was moved from any place in accordance with a consent given on or before 8th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
f
any sheep which was moved from any place in accordance with a consent given on or before 30th July 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
g
any sheep which was moved from any place in accordance with a consent given on or after 31st July 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark.
.
4
In article 6, for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 8th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
e
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or
ii
was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
iii
was moved from any place in accordance with a consent given on or after 31st July 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
D.J. Essery
Under Secretary, Scottish Office
St. Andrew’s House,
Edinburgh
27th July 1989


text:
Citation, commencement, interpretation and revocation
1
1
This Order may be cited as the Consumer Credit (Exempt Agreements) Order 1989 and shall come into force on 19th June 1989.
2
In this Order —
“ the Act ” means the Consumer Credit Act 1974;
“business premises” means premises for occupation for the purposes of a business (including any activity carried on by a body of persons, whether corporate or unincorporate) or for those and other purposes;
and references to the total charge for credit and the rate thereof are respectively references to the total charge for credit and the rate thereof calculated in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980 .
3
The Orders specified in Schedule 2 to this Order are hereby revoked.
Exemption of certain consumer credit agreements secured on land
2
1
The Act shall not regulate a consumer credit agreement which falls within section 16(2) of the Act, being an agreement to which this paragraph applies.
2
Where the creditor is a body specified in Part I of Schedule 1 to this Order, or a building society authorised under the Building Societies Act 1986 , or an authorised institution under the Banking Act 1987 or a wholly-owned subsidiary of such an institution, paragraph (1) above applies only to —
a
a debtor-creditor-supplier agreement falling within section 16(2)(a) or (c) of the Act;
b
a debtor-creditor agreement secured by any land mortgage to finance —
i
the purchase of land; or
ii
the provision of dwellings or business premises on any land; or
iii
subject to paragraph (3) below, the alteration, enlarging, repair or improvement of a dwelling or business premises on any land;
c
a debtor-creditor agreement secured by any land mortgage to refinance any existing indebtedness of the debtor, whether to the creditor or another person, under any agreement by which the debtor was provided with credit for any of the purposes specified in heads (i) to (iii) of sub-paragraph (b) above.
3
Head (iii) of sub-paragraph (b) of paragraph (2) above applies only —
i
where the creditor is the creditor under —
a
an agreement (whenever made) by which the debtor is provided with credit for any of the purposes specified in head (i) and head (ii) of that sub-paragraph; or
b
an agreement (whenever made) refinancing an agreement under which the debtor is provided with credit for any of the said purposes,
being, in either case, an agreement relating to the land referred to in the said head (iii) and secured by a land mortgage on that land; or
ii
where a debtor-creditor agreement to finance the alteration, enlarging, repair or improvement of a dwelling, secured by a land mortgage on that dwelling, is made as a result of any such services as are described in section 4(3)(dd) of the Housing Associations Act 1985 which are certified as having been provided by —
a
a local authority;
b
a housing association within the meaning of section 1 of the Housing Associations Act 1985 or Article 114 of the Housing (Northern Ireland) Order 1981 ;
c
a body established by such a housing association for the purpose of providing such services as are described in the said section 4(3)(dd);
d
a charity;
e
the National Home Improvement Council; or
f
the Northern Ireland Housing Executive.
4
Where the creditor is a body specified in Part II of Schedule 1 to this Order, paragraph (1) above applies only to an agreement of a description specified in that Part in relation to that body and made pursuant to an enactment or for a purpose so specified.
5
Where the creditor is a body specified in Part III of Schedule 1 to this Order, paragraph (1) above applies only to an agreement of a description falling within Article 2(2)(a) to (c) above, being an agreement advancing money on the security of a dwelling-house.
Exemption of certain consumer credit agreements by reference to the number of payments to be made by the debtor
3
1
The Act shall not regulate a consumer credit agreement which is an agreement of one of the following descriptions, that is to say —
a
a debtor-creditor-supplier agreement being either —
i
an agreement for fixed-sum credit under which the total number of payments to be made by the debtor does not exceed four, and those payments are required to be made within a period not exceeding 12 months beginning with the date of the agreement; or
ii
an agreement for running-account credit which provides for the making of payments by the debtor in relation to specified periods and requires that the number of payments to be made by the debtor in repayment of the whole amount of the credit provided in each such period shall not exceed one;
not being, in either case, an agreement of a description specified in paragraph (2) below; and in this sub-paragraph, “payment” means a payment comprising an amount in respect of credit with or without any other amount;
b
a debtor-creditor-supplier agreement financing the purchase of land being an agreement under which the number of payments to be made by the debtor does not exceed four; and in this sub-paragraph, “payment” means a payment comprising or including an amount in respect of credit or the total charge for credit (if any);
c
a debtor-creditor-supplier agreement for fixed-sum credit to finance a premium under a contract of insurance relating to any land or to anything thereon where —
i
the creditor is the creditor under an agreement secured by a land mortgage on that land which either is an exempt agreement by virtue of section 16(1) of the Act or of article 2 above, or is a personal credit agreement which would be an exempt agreement by virtue of either of those provisions if the credit provided were not to exceed £15,000;
ii
the amount of the credit is to be repaid within the period to which the premium relates, not being a period exceeding 12 months; and
iii
there is no charge forming part of the total charge for credit under the agreement other than interest at a rate not exceeding the rate of interest from time to time payable under the agreement mentioned in head (i) above,
and the number of payments to be made by the debtor does not exceed twelve; and in this sub-paragraph “payment” has the same meaning as it has in paragraph (1)(b) above; and
d
a debtor-creditor-supplier agreement for fixed-sum credit where —
i
the creditor is the creditor under an agreement secured by a land mortgage on any land which either is an exempt agreement by virtue of section 16(1) of the Act or of article 2 above, or is a personal credit agreement which would be an exempt agreement by virtue of either of those provisions if the credit provided were not to exceed £15,000;
ii
the agreement is to finance a premium under a contract of life insurance which provides, in the event of the death before the credit under the agreement referred to in head (i) above has been repaid of the person on whose life the contract is effected, for payment of a sum not exceeding the amount sufficient to defray the sums which, immediately after that credit has been advanced, would be payable to the creditor in respect of that credit and of the total charge for that credit; and
iii
there is no charge forming part of the total charge for credit under the agreement other than interest at a rate not exceeding the rate of interest from time to time payable under the agreement referred to in head (i) above,
and the number of payments to be made by the debtor does not exceed twelve; and in this sub-paragraph, “payment” has the same meaning as it has in sub-paragraph (1)(b) above.
2
The descriptions of agreement referred to in sub-paragraph (a) of paragraph (1) above and to which accordingly that sub-paragraph does not apply are —
a
agreements financing the purchase of land;
b
agreements which are conditional sale agreements or hire-purchase agreements; and
c
agreements secured by a pledge (other than a pledge of documents of title or of bearer bonds).
Exemption of certain consumer credit agreements by reference to the rate of the total charge for credit
4
1
The Act shall not regulate a consumer credit agreement which is an agreement of one of the following descriptions, that is to say —
a
subject to paragraphs (2), (3) and (4) below, any debtor-creditor agreement in respect of which the rate of the total charge for credit does not exceed the rate referred to in paragraph (5) below;
b
subject to paragraph (4) below, a debtor-creditor-supplier agreement for fixed-sum credit where —
i
the creditor is the creditor under an agreement secured by a land mortgage on any land which either is an exempt agreement by virtue of section 16(1) of the Act or of article 2 above, or is a personal credit agreement which would be an exempt agreement by virtue of either of those provisions if the credit provided were not to exceed £15,000;
ii
the agreement is to finance a premium under a contract of life insurance which provides, in the event of the death before the credit under the agreement referred to in head (i) above has been repaid of the person on whose life the contract is effected, for payment of a sum not exceeding the amount sufficient to defray the sums which, immediately after that credit has been advanced, would be payable to the creditor in respect of that credit and of the total charge for that credit; and
iii
there is no charge forming part of the total charge for credit under the agreement other than interest at a rate not exceeding the rate of interest from time to time payable under the agreement referred to in head (i) above,
and in respect of which the rate of the total charge for credit does not exceed the rate referred to in paragraph (5) below;
c
subject to paragraph (4) below, a debtor-creditor agreement in respect of which the only amount included in the total charge for credit is interest which cannot under the agreement at any time exceed the higher of the following, that is to say —
i
the sum of one per cent and the highest of any base rates published by the banks named in paragraph (6) below, being the latest rates in operation on the date 28 days before any such time; and
ii
13 per cent;
and for the purposes of this sub-paragraph, “interest” means interest at a rate determined in accordance with the formula set out in paragraph (1) of regulation 7 of the Consumer Credit (Total Charge for Credit) Regulations 1980 , and in that formula as applied by this paragraph “period rate of charge” has the meaning assigned to it in paragraph (2) of that regulation.
2
Subject to paragraph (3) below, sub-paragraph (a) of paragraph (1) above does not apply to agreements which provide for an increase in, or permit the creditor to increase, the rate or amount of any item which —
a
is included in the total charge for credit; or
b
would fall to be so included, apart from the operation of regulation 14 of the Consumer Credit (Total Charge for Credit) Regulations 1980,
after the relevant date of the agreement within the meaning of regulation 1(2) of those Regulations.
3
Sub-paragraph (a) of paragraph (1) above does apply to agreements —
a
in relation to which the debtor, or any one of two or more debtors where each debtor is a relative of the other debtor or of one of the other debtors, is an employee of the creditor or of an associate of his and which provide for an increase in, or permit the creditor to increase, the rate or amount of any item such as is mentioned in paragraph (2) above on the termination of such employment with the creditor or such associate, as the case may be; or
b
under which the rate or amount of any such item falls to be ascertained throughout the duration of the agreement by reference to the level of any index or other factor in accordance with any formula specified in the agreement;
and which do not provide for an increase in, or permit the creditor to increase, the rate or amount of any item mentioned in paragraph (2) above in any way other than those permitted by either or both of sub-paragraphs (a) or (b) of this paragraph.
4
Paragraph (1) above does not apply to agreements under which the total amount to be repaid by the debtor to discharge his indebtedness in respect of the amount of credit provided may vary according to any formula specified in the agreement having effect by reference to movements in the level of any index or to any other factor.
5
The rate mentioned in sub-paragraphs (a) and (b) of paragraph (1) above is the higher of the following, that is to say —
a
the sum of one per cent and the highest of any base rates published by the banks named in paragraph (6) below, being the latest rates in operation on the date 28 days before the date on which the agreement is made; and
b
13 per cent.
6
The banks referred to in paragraphs (1)(c) and (5)(a) above are —
Bank of England
Bank of Scotland
Barclays Bank PLC
Clydesdale Bank PLC
Co-operative Bank Public Limited Company
Coutts & Co.
Lloyds Bank PLC
Midland Bank Public Limited Company
National Westminster Bank Public Limited Company
The Royal Bank of Scotland p.l.c.
TSB England & Wales public limited company.
Exemption of certain consumer credit agreements having a connection with a country outside the United Kingdom
5
The Act shall not regulate a consumer credit agreement made —
a
in connection with trade in goods or services between the United Kingdom and a country outside the United Kingdom or within a country or between countries outside the United Kingdom, being an agreement under which credit is provided to the debtor in the course of a business carried on by him; or
b
between a creditor listed in Part IV of Schedule 1 to this Order and a debtor who is —
i
a member of any of the armed forces of the United States of America;
ii
an employee not habitually resident in the United Kingdom of any of those forces; or
iii
any such member’s or employee’s wife or husband or any other person (whether or not a child of his) whom he wholly or partly maintains and treats as a child of the family.
Exemption of certain consumer hire agreements
6
The Act shall not regulate a consumer hire agreement where the owner is a body corporate authorised by or under any enactment to supply electricity or water and the subject of the agreement is a meter or metering equipment used or to be used in connection with the supply of electricity or water, as the case may be.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
19th May 1989


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Further and Higher Education Funding Schemes) (Publication and Information) Regulations 1989 and shall come into force on 1st September 1989.
2
These Regulations apply to local education authorities in England only.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Education Reform Act 1988;
“aggregate budget”, in relation to an institution, means the sum of the formula based budget for that institution, the amount of any excepted items which are delegated to the governing body of the institution, and any funds provided by the Polytechnics and Colleges Funding Council for the provision of higher education at the institution;
“authority” means local education authority and, in relation to such an authority, “the offices” means the education offices;
“excepted items” means items of expenditure excepted by or under a scheme from the general colleges budget for the purpose of applying the formula;
“formula” means the formula laid down by an authority’s scheme pursuant to section 143 of the Act;
“formula based budget” means the sum obtained by multiplying the unit of resource by the weighted student number allocations for each institution and taking account of any other factor contained in the formula;
“full-time equivalent” means full-time equivalent as calculated in accordance with the authority’s scheme;
“general colleges budget” means that amount of the further and higher education budget of an authority that is appropriated for allocation to that authority’s institutions;
“governing body” means the governing body of an institution;
“institution” means an institution of further or higher education required or authorised to be covered by a scheme by virtue of section 139(4) of the Act, by virtue of regulations made under section 146(2) of the Act, or by virtue of regulations made under section 154(2)(b) of the Act;
“minor variation scheme” has the meaning assigned to it by section 141(4) of the Act;
“programme area” means any grouping of courses used by an authority for the purpose of planning their provision of further and higher education;
“scheme” means a scheme for the planning and funding of locally funded further and higher education prepared by an authority in accordance with Chapter III of Part II of the Act;
“student number allocation” means the number of expected students used by the authority for planning purposes and “weighted”, in relation to such a number, means weighted according to the provisions of the authority’s scheme; and
“unit of resource” has the meaning assigned to it by regulation 4(3)(h).
Publication of schemes
3
1
Within 30 days after such an event occurring relating to a scheme or proposed scheme as is referred to in paragraph (2), the authority shall publish the scheme in such a manner as is likely to bring it to the attention of the governing body, staff and students of any institution likely to be affected by it, and shall make copies of the scheme available for inspection at all reasonable times at their offices.
2
The events referred to above are–
a
that the Secretary of State has approved the scheme under section 140 of the Act;
b
that the Secretary of State has determined pursuant to section 141(8) of the Act that the variations proposed to be made by the scheme are all such that the proposed scheme will be a minor variation scheme; or
c
that the period of two months mentioned in section 141(8) of the Act has expired without the Secretary of State requiring the authority to send him a copy of their proposed scheme.
Publication of information relating to schemes
4
1
Subject to paragraph (2), before the beginning of each financial year every local education authority operating a scheme shall publish, in the manner set out in regulation 4, the information mentioned in paragraphs (3) and (4).
2
The information mentioned in paragraph (4) is not required to be published until the scheme has been in force for a full financial year.
3
That information is particulars of the following matters relating to the operation of the authority’s scheme in the forthcoming financial year–
a
the amount of the general colleges budget;
b
a list of excepted items and the planned expenditure on each;
c
any other amount to be set aside for factors in the formula other than the student number allocation;
d
the amount of available resources (that is to say, the amount remaining after deducting planning expenditure on excepted items and amounts to be set aside for other factors in the formula from the general colleges budget);
e
the student number allocations expressed in terms of full-time equivalent enrolments for each programme area used by the authority for planning purposes;
f
the funding weightings applied to each programme area;
g
the sum of weighted student number allocations in all programme areas at all institutions (that is to say, the figure arrived at by multiplying the figures referred to in sub-paragraphs (e) and (f));
h
the value of the authority’s unit of resource (that is to say, the sum arrived at by dividing the figure referred to in sub-paragraph (d) by that referred to in sub-paragraph (g));
i
the student number allocations by programme areas for each institution;
j
the formula based budget for each institution, identifying the institution’s share of the amount mentioned in sub-paragraph (c); and
k
the aggregate budget for each institution, identifying any funds provided by the Polytechnics and Colleges Funding Council.
4
That information is particulars of the following matters relating to the operation of the authority’s scheme in the last complete financial year–
a
the amount of expenditure actually incurred on the general colleges budget;
b
the amount of expenditure actually incurred on each excepted item;
c
the amount of expenditure actually distributed by the application of factors in the formula other than the student number allocation;
d
the amount of available resources (that is to say, the amount remaining after deducting the actual expenditure on excepted items and other factors in the formula from the amount of expenditure actually incurred on the general colleges budget);
e
the funding weightings applied to each programme area;
f
the amounts–
i
allocated to each institution through the formula, identifying each institution’s share of the amount mentioned in sub-paragraph (c); and
ii
incurred by each institution on excepted items;
g
actual enrolments in each programme area, expressed as a ratio (the number of students enrolled divided by the student number allocation, all expressed in full-time equivalent terms); and
h
actual enrolments, by programme area, by institution, expressed as a ratio (the number of students enrolled divided by the student number allocation, all expressed in full-time equivalent terms).
5
The authority shall publish the information required to be published by regulation 4 by making it available for inspection at all reasonable times at the authority’s offices by 1st April each year, and by sending a copy to the governing body of each institution covered by the authority’s scheme.
John MacGregor
Secretary of State for Education and Science
7th August 1989


text:
1
This Order may be cited as the Inheritance Tax and Capital Transfer Tax (Interest on Unpaid Tax) Order 1989 and shall come into force on 6th July 1989.
2
The rate prescribed for the purposes of section 233 of the Inheritance Tax Act 1984 (interest on unpaid tax) shall be 11 per cent. per annum and shall apply in each of the cases referred to in paragraphs (a) and (b) of section 233(2).
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 1989


text:
Title and commencement
1
This Order may be cited as the City of Glasgow and Strathkelvin Districts (Colston Road/Auchinairn Road) Boundaries Amendment Order 1989, and shall come into force on 1st April 1989.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map A” means the map prepared by the Scottish Office, marked “Map A of the City of Glasgow and Strathkelvin Districts (Colston Road/Auchinairn Road) Boundaries Amendment Order 1989” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map B” means the map prepared by the Scottish Office marked “Map B of the City of Glasgow and Strathkelvin Districts (Colston Road/Auchinairn Road) Boundaries Amendment Order 1989” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Part of the City of Glasgow District, being the Area A described in Part I of the Schedule to this Order and shown delineated, cross-hatched and marked “Area A” on boundary map A, shall be transferred to Strathkelvin District.
2
Those parts of Strathkelvin District, being the Area B, the Area C, and the Area D described in Part II of the Schedule to this Order and shown delineated, hatched and marked “Area B” and “Area C” on boundary map A and “Area D” on boundary map B, shall be transferred to the City of Glasgow District.
Consequential changes of electoral arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the Area A transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 18 (Springburn/Robroyston) of Strathclyde Region( ) and of ward 19 (Springburn) of the City of Glasgow District( ); and
b
shall form part of electoral division 47 (Bishopbriggs) of Strathclyde Region and of ward 9 (Auchinairn/Crowhill) of Strathkelvin District( ).
2
Area B described in Part II of the Schedule to this Order (being the Area B transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 47 (Bishopbriggs) of Strathclyde Region and of ward 9 (Auchinairn/Crowhill) of Strathkelvin District; and
b
shall form part of electoral division 18 (Springburn/Robroyston) of Strathclyde Region and ward 19 (Springburn) of the City of Glagow District.
3
Area C and Area D described in Part II of the Schedule to this Order (being the Area C and Area D transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 47 (Bishopbriggs) of Strathclyde Region and of ward 9 (Auchinairn/Crowhill) of Strathkelvin District; and
b
shall form part of electoral division 18 (Springburn/Robroyston) of Strathclyde Region and of ward 20 (Robroyston) of the City of Glasgow District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
21st February 1989


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1989 and shall come into force on 1st May 1989.
Amendment of Regulations
2
Regulation 26D of the National Health Service (General Dental Services) Regulations 1973 (amount and time of payments in consequence of suspension) shall be amended as follows:–
a
in paragraph (1)(a)(i) for “£1935” there shall be substituted “£2,243”;
b
in paragraph (1)(a)(ii) for “£967” there shall be substituted “£1,121”;
c
in paragraph (1)(b)(i) for “£967” there shall be substituted “£1,121”;
d
in paragraph (1)(b)(ii) for “£1935” there shall be substituted “£2,243”; and
e
in paragraph (2) for “£107,103” in both places where it occurs there shall be substituted “£117,689”.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State
Department of Health
6th April 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the National Health Service Act 1977;
“Authority” means, as the case may require, a Regional Health Authority, a District Health Authority, or a special health authority;
“child” means a person who is–
under the age of sixteen; or
under the age of nineteen and treated for the purposes of the Child Benefit Act 1975 , or the Child Benefit (Northern Ireland) Order 1975 , as receiving full-time education at an educational establishment recognised under that Act or that Order;
“Continental Shelf”, except in reference to a designated area of the Continental Shelf, means the sea-bed and subsoil of the submarine area (other than in the Baltic or Mediterranean Seas, including the Adriatic and Aegean, or the Black Sea) adjacent to the coasts, lying north of the latitutde of 25 degrees north and between the longtitude of 30 degrees west and 35 degrees east, of the territory (including islands) of–
any country situated on the Continent of Europe, or
the Republic of Ireland, where the submarine area is outside the seaward limits of the territorial limits of those countries and the Republic of Ireland and is an area with respect to which the exercise by any of them of sovereign rights in accordance with international law is recognised by Her Majesty’s Government in the United Kingdom;
“designated area of the Continental Shelf” means any area which is for the time being designated by an Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the sea-bed and subsoil and their natural resources may be exercised;
“member of the family”, in relation to a national of a member State or a stateless person or refugee entitled to receive treatment by virtue of Regulations made by the Council of the European Communities under Article 51 of the Treaty establishing the European Economic Community, means a member of the family as defined for the purpose of such Regulations ;
“member State” means a member State of the Communities;
“overseas visitor” means a person not ordinarily resident in the United Kingdom;
“reciprocal agreement” means arrangements mutually agreed between the Government of the United Kingdom and the Government of a country or territory outside the United Kingdom for providing health care;
“refugee” means a person who is a refugee within the meaning of Article 1 of the Convention relating to the Status of Refugees 1951 and Article 1 of the Protocol relating to the Status of Refugees 1967 and any other person taking refuge in the territory of a member State with leave of the Government of that State;
“services forming part of the health service” means accommodation, services and other facilities provided under section 3(1) of the Act (the Secretary of State’s duty to provide accommodation and services) other than accommodation and services made available under section 65 of the Act (accommodation and services for private patients);
“ship or vessel” includes hovercraft;
“stateless person” has the meaning assigned to it in article 1 of the Convention relating to the Status of Stateless Persons 1954 ;
“treatment” includes medical, dental and nursing services required for the care of women who are pregnant or in childbirth or for the prevention or diagnosis of illness;
“treatment the need for which arose during the visit” means diagnosis of symptoms or signs occurring for the first time after the visitor’s arrival in the United Kingdom and any other treatment which, in the opinion of a medical or dental practitioner employed by, or under contract with, an Authority, is required promptly for a condition which arose after the visitor’s arrival in the United Kingdom, or became, or but for treatment would be likely to become, acutely exacerbated after such arrival.
3
In calculating, for the purpose of any provision of these Regulations, a period of residence in the United Kingdom, any interruption by reason of temporary absence of not more than three months shall be disregarded.
4
Unless the context otherwise requires, in these Regulations any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations.
Making and recovery of charges
2
1
Where an Authority provides an overseas visitor with services forming part of the health service, that Authority, having determined, by means of such enquiries as it is satisfied are reasonable in all the circumstances, including the state of health of that overseas visitor, that the case is not one in which these Regulations provide for no charge to be made, shall make and recover from the person liable under regulation 7 charges for the provision of those services.
2
An Authority which makes and recovers a charge in accordance with paragraph (1) of this regulation shall give or send to the person making the payment a receipt for the amount paid.
Services exempted from charges
3
No charge shall be made in respect of any services forming part of the health service provided for an overseas visitor–
a
at a hospital accident and emergency department, casualty department, or dental or ophthalmic emergency department unless and until he has been accepted as an in-patient at the hospital, for treatment of the condition in respect of which such services are provided; or
b
otherwise than at, or by staff employed to work at, or under the direction of, a hospital; or
c
for treatment in respect of a disease listed in Schedule 1; or
d
at a special clinic for the treatment of sexually transmitted diseases or in respect of a sexually transmitted disease by virtue of a reference from such a clinic, but in the case of services which relate to infection with any Human Immunodeficiency Virus, only to the extent that they consist of a diagnostic test for evidence of infection with any such Virus and counselling associated with that test or its result;
e
who is detained in a hospital, or received into guardianship, under the Mental Health Act 1983 or any other enactment authorising orders for admission to, and detention in, hospital by reason of mental disorder; or
f
with a view to the improvement of his mental condition where submission to the treatment is, under section 3(1) of the Powers of the Criminal Courts Act 1973 , included by the Court in a probation order under section 2 of that Act.
Overseas visitors exempt from charges
4
No charge shall be made in respect of any services forming part of the health service provided for an overseas visitor, being a person, or the spouse or child of a person–
a
who is shown to the satisfaction of the Authority to be present in the United Kingdom or in a designated area of the Continental Shelf or, if his employer has his principal place of business in the United Kingdom, in or over any area of the Continental Shelf, or on a stationary structure within the territorial waters of the United Kingdom, for the purpose of–
i
engaging in employment as an employed or self-employed person; or
ii
working as a volunteer with a voluntary organisation that is providing a service similar to a relevant service as defined in sections 64 and 65 of the Health Services and Public Health Act 1968 , or service to which Article 71 of the Health and Personal Social Services (Northern Ireland) Order 1972 applies; or
iii
pursuing a course of study where the period of study during the first year of the course is broken by a period or periods of industrial or analogous experience forming an integral part of the course amounting in aggregate to not less than 12 weeks; or
iv
taking up permanent residence in the United Kingdom; or
b
who has resided in the United Kingdom for the period of not less than one year immediately preceding the time when the services are provided, whether or not immediately prior to the completion of one year’s residence as aforesaid, charges under these Regulations may have been made in respect of services provided as part of the same course of treatment; or
c
who has been accepted as a refugee in the United Kingdom, or who has made a formal application for leave to stay as a refugee in the United Kingdom; or
d
who is employed on a ship or vessel registered in the United Kingdom; or
e
who is in receipt of any pension or other benefit under a Personal Injuries Scheme, service pensions instrument or a 1914-1918 War Injuries Scheme as defined in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 ; or
f
who is a diplomatic agent for the purposes of the Articles of the Vienna Convention on Diplomatic Relations set out in Schedule 1 to the Diplomatic Privileges Act 1964 ; or
g
who is a member of Her Majesty’s United Kingdom Forces; or
h
who is some other Crown servant employed in the right of Her Majesty’s Government of the United Kingdom having been recruited in the United Kingdom; or
i
who is an employee, recruited in the United Kingdom, of the British Council or the Commonwealth War Graves Commission; or
j
who is working in employment that is financed in part by the Government of the United Kingdom in accordance with arrangements made with the Government of some other country or territory or a public body in such other country or territory; or
k
who has at any time had not less than ten years continuous residence in the United Kingdom and is engaged in employment as an employed or self-employed person outside the United Kingdom–
i
that has not lasted for a period of five years; or
ii
that has lasted for five or more years, if he takes or has a contractual right to take home leave in the United Kingdom at least once in every two years or if he has a right, under the contract by which he was engaged, to have the cost of his passage to the United Kingdom paid on completion of his engagement; or
l
who is employed in another member State and who is contributing as an employed or self-employed earner under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 ; or
m
who, in the case of a national of a member State, a refugee or a stateless person, has entitlement to the provision of the services in question by virtue of Regulations made by the Council of the European Communities under Article 51 of the Treaty establishing the European Economic Community or, in the case of a national of another country, is entitled to be provided with such services by virtue of an agreement entered into between that Community and any other country; or
n
whose detention in prison or in an institution provided by the Secretary of State under section 43(1) of the Prison Act 1952 is for the time being authorised by law; or who is detained under the provisions of the Immigration Act 1971 ; or
o
in whose case the services are provided in circumstances covered by a reciprocal agreement with a country or territory specified in Schedule 2.
Exemption from charges for treatment the need for which arose during the visit
5
No charge for services forming part of the health service, provided only for the purpose of giving treatment the need for which arose during the visit, shall be made in respect of any overseas visitor who is–
a
a national of a member State, or a refugee or a stateless person, or a member of the family of any of them, resident in each case in the territory of a member State; or
b
a person, or the spouse or child of a person, who has at any time had not less than ten years continuous residence in the United Kingdom or not less than ten years continuous service as a Crown servant employed in the right of Her Majesty’s Government of the United Kingdom and is in receipt of a pension or benefit under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975; or
c
a person resident in a country, other than Israel, or territory specified in Schedule 2; or
d
a person who is without sufficient resources to pay the charge and who is a national of a country which is a contracting party to the European Convention on Social and Medical Assistance 1954 ; or
e
a person, or the spouse or child of a person, who has at any time had not less than ten years continuous residence in the United Kingdom and who is resident in a member State or in a country, other than Israel, or territory specified in Schedule 2.
Exemption from charges for treatment provided to a member of the forces of the North Atlantic Treaty Organisation
6
No charge shall be made or recovered for the provision of services forming part of the health service required for the treatment of a person to whom Article IX (5) of the North Atlantic Treaty Organisation Status of Forces Agreement applies, where such treatment cannot readily be provided by the medical services of the armed forces of his own country or of the United Kingdom.
Liability for payment of charges
7
The person liable to pay charges payable by virtue of these Regulations shall be the overseas visitor in respect of whom the services are provided except that–
a
if the overseas visitor is employed to work on and for the purposes of a ship or vessel and is present in the United Kingdom in the course of such employment, the person liable to pay such charges shall be the owner of the ship or vessel on which the overseas visitor is employed; and
b
if the overeseas visitor is employed to work on and for the purposes of an aircraft and is present in the United Kingdom in the course of such employment, the person liable to pay such charges shall be his employer.
Repayments
8
1
Where a sum has been paid as a charge for services forming part of the health service by or on behalf of a person who, at the time services were provided for such person, was not an overseas visitor in respect of whom, or did not receive services for which, such a charge was payable, a claim for repayment of the sum may be made by presenting to the Authority by which the charge was made and recovered–
a
the receipt for payment of such sum;
b
a declaration in support of the claim signed by or on behalf of the claimant; and
c
such evidence in support of the declaration as the Authority may require.
2
The Authority, if satisfied by the evidence so produced that the sum to which the receipt relates was not payable by virtue of these Regulations, shall repay to the claimant the amount of any such sum.
Revocation of Regulations
9
The Regulations specified in column 1 of Schedule 3 are hereby revoked. Signed by authority of the Secretary of State for Health
R. N. Freeman
Parliamentary Under-Secretary of State,
Department of Health
3rd March 1989


text:
1
These Regulations may be cited as the Public Service Vehicles (Temporary Driving Entitlement) Regulations 1989 and shall come into force on 8th November 1989.
2
The prescribed period, for the purposes of paragraph 10(2) of Part II of Schedule 1 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, during which a person may drive, or be employed to drive, a public service vehicle on a road without being the holder of a licence under section 22 of the Public Passenger Vehicles Act 1981 to drive such a vehicle, is one month beginning with the date on which the test of competence to drive was passed.
3
The prescribed period, for the purposes of paragraph 10(4) of Part II of Schedule 1 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, during which a person who takes a test of competence to drive, for the purposes of an application for the grant of a licence, is guilty of an offence, is 21 days beginning with the date on which the application for the licence was made.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
6th October 1989


text:
1
This Order may be cited as the Borough of Tonbridge and Malling (Electoral Arrangements) Order 1989.
2
1
Subject to paragraph (2) below, this Order shall come into force on the ordinary day of election of councillors (within the meaning of section 37 of the Representation of the People Act 1983 in 1991 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force on 10th October 1990.
2
Articles 5(1) and 6(1) shall come into force forthwith.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE BOROUGH OF TONBRIDGE AND MALLING (ELECTORAL ARRANGEMENTS) ORDER 1989” and deposited with the Secretary of State.
2
Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE BOROUGH OF TONBRIDGE AND MALLING (ELECTORAL ARRANGEMENTS) ORDER 1989” shall be deposited with the council of the Borough of Tonbridge and Malling and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the Borough of Tonbridge and Malling shall be abolished and that Borough shall be divided into twenty-seven wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the area designated on the map by reference to the name of the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of the Schedule to this Order opposite to the name of the ward as given in column 1 of that Schedule.
5
1
The ordinary elections of councillors to the Borough of Tonbridge and Malling due to take place in 1990 shall not take place.
2
The ordinary elections of all councillors to the Borough of Tonbridge and Malling shall take place simultaneously on the ordinary day of election of councillors in 1991 and every fourth year thereafter.
3
All the councillors of the Borough of Tonbridge and Malling shall retire together in 1991 on the fourth day after the ordinary day of election and the newly elected councillors shall come into office on the day on which their predecessors retire.
6
1
The ordinary elections of parish councillors for any parish or ward of a parish situated in the Borough of Tonbridge and Malling due to take place in 1990 shall take place instead in 1991 and every fourth year thereafter.
2
The parish councillors to whom the foregoing paragraph applies shall retire on the fourth day after the ordinary day of election of councillors in 1991 and the newly elected councillors shall come into office on the day on which their predecessors retire.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
5th December 1989