text:
Citation and commencement
1
1
This Order may be cited as the Gloucester Harbour Revision Order 1988 and shall come into force on 30th March 1988.
2
The Gloucester Harbour Orders 1889 to 1963 and this Order may be cited together as the Gloucester Harbour Orders 1889 to 1988 and shall be construed and read together as one enactment except so far as may be inconsistent with or repugnant to the purposes thereof.
Interpretation
2
In this Order, unless the context otherwise requires —
“appointing authority” means each of the persons by whom Trustees may be appointed in accordance with article 3 (Constitution of Trustees) of this Order;
“the harbour” means the harbour of Gloucester within the limits prescribed by article 10 (Limits of harbour) of this Order;
“the new constitution date” means the first day after the expiry of two weeks following the coming into force of this Order;
“the Order of 1890
”,“the Order of 1959
” and“the Order of 1963
” mean respectively the Gloucester Harbour Order 1890, confirmed by the Pier and Harbour Orders Confirmation ( No. 3) Act 1890 , the Gloucester Harbour Order 1959, confirmed by the Pier and Harbour Order (Gloucester) Confirmation Act 1959 , and the Gloucester Harbour Order 1963, confirmed by the Pier and Harbour Order (Gloucester Harbour) Confirmation Act 1963 ;
“the Trustees” means the Gloucester Harbour Trustees incorporated by the Order of 1890.
Constitution of Trustees
3
1
On and after the new constitution date the Trustees shall consist of not less than nine, nor more than twelve, persons of whom nine shall be appointed as follows —
a
three by the British Waterways Board;
b
one, representative of shipowning interests trading to or within or using the harbour, jointly by the General Council of British Shipping and the Institute of Chartered Shipbrokers;
c
one, representative of commercial interests other than the British Waterways Board trading to or within, or dependent upon, the harbour, by the Trustees otherwise holding office under this paragraph after consultation with those persons appearing to them to be representative of those commercial interests;
d
one by the Central Electricity Generating Board;
e
one by the Gloucestershire County Council;
f
one by the Gloucester City Council;
g
one by the Stroud District Council.
2
a
If a majority of the persons being relevant licence holders or of the relevant authorised pilots (as the case may be) have agreed in the terms of paragraph (a) or (b) of section 4(2) of the Pilotage Act 1987 (as to not needing contracts of employment) there shall be added to the nine Trustees appointed under paragraph (1) above one person, representative of pilots, appointed by the Amalgamated Gloucester Pilots or if that body ceases to have an identifiable existence, by the Trustees otherwise holding office under paragraph (1) above after consultation with such other bodies or persons appearing to them to be representative of pilots.
A person appointed under this paragraph shall cease forthwith to hold office and this paragraph shall cease to have effect if a majority of the relevant authorised pilots are offered and accept employment by the Trustees.
2
b
The Trustees otherwise holding office, at a meeting at which not less than six of them are present —
i
in default of an appointment made under paragraph (1)(b) above, in accordance with paragraph (1) of article 4 (Appointment of Trustees) of this Order, shall appoint a person appearing to them to be representative of shipowning interests;
ii
may, at their discretion, appoint not more than two persons as additional Trustees being in each case a person who in the opinion of the Trustees has knowledge or experience which would be of value to the Trustees in the discharge of their functions;
but a Trustee holding office in right of an appointment made under sub-paragraph (ii) hereof shall not vote respecting any appointment proposed under that sub-paragraph.
3
a
The persons appointed under paragraphs (1)(b) and (c) and (2)(a) above by the General Council of British Shipping, the Institute of Chartered Shipbrokers and the Trustees otherwise holding office under paragraph (1) above, as the case may be, shall in each case by persons who appear to them to have had wide experience of, and shown capacity in, the interests to be represented by the person to be appointed or to have had in some other respect knowledge or experience which would be of value to the Trustees in the discharge of their functions.
3
b
Regard shall be had under paragraphs (1)(b) and (c) and (2)(b) above to the desirability of appointing persons who are familar with the special requirements and circumstances of the areas predominantly served by the undertaking of the Trustees.
4
The first appointment under paragraph (1)(c) above after the coming into operation of this Order shall be made as soon as reasonably practicable after the new constitution date by the other Trustees then in office; and every subsequent such appointment shall be made in anticipation by the Trustees (including any in office under paragraph (2)(b)(ii) above) before the expiry of their term of office.
Appointment of Trustees
4
1
Each appointing authority shall not later than the new constitution date, and not later than 1st June in every third year thereafter, make their respective appointments in accordance with article 3 (Constitution of Trustees) of this Order.
2
Each Trustee so appointed shall (unless he shall previously die or resign) hold office —
a
in the case of the first appointments from the appointed day until 31st July 1990; and
b
in the case of subsequent appointments (other than appointments to fill a casual vacancy) from 1st August next following his appointment for a term of three years; and upon ceasing to hold office shall be eligible for reappointment.
3
The provisions of the Order of 1890 mentioned below are hereby amended as follows —
In sections 4 (provision in case Trustee not appointed), 5 (casual vacancies) and 6 (removal of Trustees) for the words“two years” there shall in each case be substituted“three years”;
In the said sections 5 and 6 and in section 7 (notice of appointment of Trustees to be given) for the words“commissioners corporation County council or company” there shall in each case be substituted“body or person”;
In paragraph 1 of section 9 (as to quorum) for the word“seven” there shall be substituted“four”.
4
Section 1 (Constitution of Trustees) and section 3 (Appointment of additional Trustees) of the order of 1890 are hereby repealed.
Reserve fund
5
Section 8 (Reserve fund) of the Order of 1959 is hereby amended as follows —
After the word“undertaking” there shall be inserted the words“(including so much thereof as relates to the provision of pilotage services)”;
For the words“the revenue received under the Gloucester Harbour Orders 1889 to 1959” there shall be substituted the word“revenue”.
Acceptance of contributions, loans, etc.
6
The Trustees may accept from any person gifts (including gifts of land), contributions, grants, loans or guarantees on such terms as the Trustees think fit for or in connection with any of their functions.
Power to borrow
7
1
The Trustees may from time to time borrow upon the security of all or any of the revenues and property of the Trustees and by any method or methods they see fit, such sums of money as they think necessary:
Provided that:
i
the amount outstanding in respect of monies so borrowed shall not at any time exceed £500,000;
ii
in calculating for the purpose of this article the amount outstanding in respect of monies borrowed by the Trustees there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
2
Monies borrowed by the Trustees under this article shall be applied only to purposes to which capital money is properly applicable.
3
For the purposes of the last foregoing paragraph, but without prejudice to the generality thereof, purposes to which capital money is properly applicable shall be deemed to include: —
a
the provision of pilotage services;
b
the payment of any interest falling due within the five years immediately following the date of the borrowing of any sum of money borrowed by the Trustees under this article; and
c
the repayment within twelve months of the date of borrowing of any sum for the time being outstanding by way of principal on any amount previously borrowed.
4
Section 28 (Power to borrow) of the Order of 1890 is hereby repealed.
Temporary borrowing
8
The Trustees may borrow temporarily, by way of overdraft or otherwise, such sums as they may require for meeting their obligations or discharging their functions under or in pursuance of any enactment:
Provided that the total amount outstanding at any one time of the money as borrowed shall not exceed £50,000.
Byelaws
9
1
The byelaws which may be made by the Trustees under section 83 of the Harbours Docks and Piers Clauses Act 1847 or otherwise under the Gloucester Harbour Orders 1889 to 1988 may provide that any person contravening or failing to comply with any byelaw shall be liable on summary conviction to a fine not exceeding £400.
2
All byelaws so made by the Trustees after the coming into operation of this Order shall be subject to the provisions contained in section 236(3) to (8) and (11) and section 238 of the Local Government Act 1972 and those sections shall for the purposes of this article be construed as if the Trustees were a local authority within the meaning of those sections and the clerk to the Trustees were the proper officer of that local authority.
3
The said section 236 in its application to byelaws made by the Trustees shall have effect as if in subsection (7) of that section after the word“confirm”, where it firstly occurs in that subsection, the words“with or without modification” were inserted:
Provided that where the Secretary of State proposes to make a modification which appears to him to be substantial he shall inform the Trustees and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Trustees and by other persons who have been informed of it.
4
As from the coming into operation of this Order, section 11 (Byelaws) of the Order of 1959 shall cease to have effect and section 12 (Inquiries) of that Order shall be amended by the substitution of the words“section 9 (Byelaws) of the Gloucester Harbour Revision Order 1988” for the words“this Order”.
Limits of harbour
10
1
The limits within which the Trustees have authority and within which the enactments relating to the harbour apply shall comprise the area of the tideway of the Severn estuary to mean high water springs and lying between the following seaward and inward limits, namely: —
The seaward limit — a line from the Welsh shore at Redwick in the county of Gwent at reference point ST 41293 83182 (latitude 51° 32.6' north, longitude 2° 50.8' west) due south to the limits of the Port of Bristol as prescribed by Article 3 and Schedule 1 to the Bristol Port and Harbour Revision Order 1972 at reference point ST 41239 78475 (latitude 51° 30.1' north, longitude 2° 50.8' west) and (thereafter conterminous with the limits of that Port) thence north-eastward to the beacon on Denny Island at reference point ST 45932 81017 and thence to the English shore south of Severn Beach in the county of Avon at reference point ST 53780 83720.
The inward limits —
on the river Severn, the foot of the weir at Maisemore in the county of Gloucestershire at reference point SO 81812167 on the western parting of the river and to the foot of the weir known as Llanthony Weir in the city of Gloucester at reference point SO 82191820 on the eastern parting of the river;
on the river Wye, the downstream face of Bigsweir Bridge at reference point SO 538051 on the boundary of the county of Gloucestershire and the county of Gwent.
In this paragraph reference points refer to the map co-ordinates on the National Grid used by the Ordnance Survey and shall be construed as if the words“or thereabouts” were inserted after each such reference point.
2
Section 12 (Limits of Order) of the Order of 1890 and section 6 (Extension of harbour limits) of the Order of 1963 are hereby repealed.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
29th March 1988


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Safety of Places of Sport Regulations 1988 and shall come into force on 1st January 1989.
2
These Regulations do not extend to the Isles of Scilly.
Interpretation
2
For the purposes of these Regulations “the 1987 Act ” means the Fire Safety and Safety of Places of Sport Act 1987.
Applications
3
1
An application for a safety certificate shall be in the form contained in the Schedule to these Regulations or a form to the like effect and a separate application shall be made in respect of each regulated stand to which spectators are to be admitted.
2
An application for the cancellation, amendment, replacement or transfer of a safety certificate shall be made in writing and, except in the case of an application for the cancellation of a safety certificate, shall set out the names and addresses of any persons who to the applicant’s knowledge will or may be concerned in ensuring compliance with the terms and conditions of a safety certificate as amended, replaced or transferred.
Notices by local authorities
4
1
As soon as practicable after a local authority have decided:
a
to issue a safety certificate (including an issue by way of replacement of a safety certificate); or
b
to amend a safety certificate; or
c
to refuse to amend or replace a safety certificate,
they shall serve on every interested party notice in writing of their decision setting out the information referred to in paragraph (6) below, together, in the case of a refusal, with their reasons for it.
2
Where on an application for a special safety certificate a local authority have determined to refuse that application on grounds other than the one set out in section 28(9) of the 1987 Act, they shall as soon as practicable after that refusal, serve on the applicant notice in writing of their decision, together with their reasons for it.
3
Where on an application for the transfer of a safety certificate a local authority:
a
determine that the person to whom it is proposed to transfer the certificate is not a qualified person, they shall, in addition to the notice referred to in section 29(5) of the 1987 Act, serve on the holder of the certificate a copy of that notice;
b
determine that the person to whom it is proposed to transfer the certificate is a qualified person but decide not to transfer the certificate, they shall serve on that person and the holder of the certificate notice in writing of their decision together with their reasons for it.
4
As soon as practicable after a local authority have decided to refuse an application for the cancellation of a safety certificate under section 29(1)(a) of the 1987 Act, they shall serve on the applicant notice in writing of their decision together with their reasons for it.
5
As soon as practicable after a local authority have issued a notice under section 29(1)(a) of the 1987 Act cancelling a safety certificate, they shall serve a copy of the notice on the persons referred to in subparagraphs (b), (c) and (d) of paragraph (8) below.
6
A notice served under paragraph (1) above shall state that a copy of the safety certificate and a copy of any application in respect of which the local authority’s decision was taken is available for inspection at a place and at the times specified in the notice.
7
As soon as may be after the decision referred to in paragraph (1) above, the local authority shall cause to be published in a newspaper circulating in the locality of the regulated stands to which the safety certificate relates a notice setting out that decision and the information referred to in paragraph (6) above.
8
In this regulation “interested party” means:
a
the holder of a safety certificate whose application to have it amended or replaced has been refused;
b
any other person known to the local authority to be or likely to be concerned in ensuring compliance with the terms and conditions of the safety certificate;
c
the chief officer of police; and
d
where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case, the building authority.
Appeals under section 30 of the 1987 Act
5
1
An appeal under section 30(1) of the 1987 Act (appeals against determination that any stand at a sports ground is a regulated stand) shall be brought not later than twenty-eight days:
a
in the case of a preliminary determination, after the date when that determination becomes final under section 28(3) of the 1987 Act; or
b
in the case of a final determination under section 28(6) of the 1987 Act, after the date of the receipt of the notice of that determination.
2
An appeal under subsection (2), (3) or (4) of section 30 of the 1987 Act (other appeals) shall be brought in the case of an appeal in respect of:
a
a general safety certificate, not later than twenty-eight days; and
b
a special safety certificate, not later than seven days,
after the relevant date.
3
In paragraph (2) above “relevant date” means:
a
in the case of a person to whom a safety certificate is issued, the date of the receipt by him of that certificate;
b
in the case of a person on whom a notice is served under section 28(9), 29(1)(b) or (5) of the 1987 Act or regulation 4(1), (2) or (3) above, the date of the receipt by him of that notice; and
c
in the case of any other person, the date of the publication of the notice required by regulation 4(7) above.
Fees
6
1
Subject to paragraph (2) below, a local authority may determine the fee to be charged in respect of an application for the issue, amendment, replacement or transfer of a safety certificate or in respect of an application for the cancellation of a safety certificate for a stand which has ceased to be a regulated stand.
2
A fee under paragraph (1) above shall not exceed an amount commensurate with the work actually and reasonably done by or on behalf of the local authority in respect of the application.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st October 1988


text:
1
These Regulations may be cited as the Public Service Vehicles (Drivers' Licences) (Amendment) (No. 2) Regulations 1988 and shall come into force on 26th September 1988.
2
Regulation 11 (Fees for licences and duplicates) of the Public Service Vehicles (Drivers' Licences) Regulations 1985 shall be further amended —
a
in paragraph (1)(a) by the substitution for “£3” of “£5”,
b
in paragraph (1)(b) by the substitution for “£10” of “£22.50”, and
c
in paragraph (2) by the substitution for “£3” of “£5”.
3
The amendments effected by these Regulations shall not apply where an application for a licence or a duplicate licence was received before 26th September 1988.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th June 1988


text:
1
This Order may be cited as the District of South Somerset (Electoral Arrangements) Order 1988.
2
1
This Order shall come into force on the ordinary day of election of councillors in 1991 (within the meaning of section 37 of the Representation of the People Act 1983 ) 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
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE DISTRICT OF SOUTH SOMERSET (ELECTORAL ARRANGEMENTS) ORDER 1988” and deposited with the Secretary of State.
3
The existing wards of the District of South Somerset shall be abolished and that District shall be divided into forty 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.
4
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.
5
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.
6
Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE DISTRICT OF SOUTH SOMERSET (ELECTORAL ARRANGEMENTS) ORDER 1988” shall be deposited with the council of the District of South Somerset and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
7
The ordinary elections of all councillors for the District of South Somerset shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1991 and every fourth year thereafter.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of StateHome Office
4th October 1988


text:
1
These Rules may be cited as the Indictments (Procedure) (Amendment) Rules 1988 and shall come into force on 31 October 1988.
2
Rule 5 of the Indictments (Procedure) Rules 1971 shall be amended by substituting for paragraph (1) the following new paragraph —
1
Subject to the provisions of this rule, a bill of indictment shall be preferred —
a
where a defendant has been committed for trial, within a period of 28 days commencing with the date of committal, or
b
where a notice of transfer has been given under Section 4 of the Criminal Justice Act 1987 , within a period of 28 days commencing with the date on which notice is given.
Mackay of Clashfern, C.
Dated 10th October 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Property, etc.) (Greater Manchester) Order 1988 and shall come into force on 30th December 1988.
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“the 1985 Act ” means the Local Government Act 1985;
“the abolished council” means the former Greater Manchester County Council;
“the county” means the county of Greater Manchester;
“the local council” means the council of a district in the county and in relation to property and mortgages means the council of the district in which the property or, as the case may be, the mortgaged land is situated;
“the Residuary Body” means the Greater Manchester Residuary Body;
“Stockport” means the council of the metropolitan borough of Stockport;
“Tameside” means the council of the metropolitan borough of Tameside;
“the transfer date” means 31st December 1988.
3
For the purpose of any provision of this Order, other than article 5, which requires the payment or recovery of sums in the appropriate proportions —
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the county; and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to the 30th June which falls 21 months before the beginning of the financial year in which the payment falls to be made or the sum recovered, as the case may be.
PART II
TRANSFER OF PROPERTY, FUNCTIONS, RIGHTS AND LIABILITIES
Transfer of property, etc.
2
1
On the transfer date —
a
all immovable property of the Residuary Body other than that mentioned in the Schedule to this Order; and
b
all interests of the Residuary Body in respect of any mortgage granted in pursuance of section 132 of the Housing Act 1985 ,
shall vest in the local council.
2
All rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, property and interests transferred by paragraph (1) shall vest in the council to which it is so transferred.
Transfer of monies
3
1
Immediately before the transfer date, the Residuary Body shall set aside from their revenue balances the sum of £2,350,000 (“the special fund”).
2
On the transfer date the Residuary Body shall transfer to Tameside from the special fund the sum of £350,000 which Tameside shall credit to a fund established by them under paragraph 16 of Schedule 13 to the Local Government Act 1972 which shall be applied only for defraying expenditure incurred by them in the exercise of the functions or the discharge of the liabilities transferred by article 4(1).
3
On the transfer date the Residuary Body shall transfer to Stockport from the special fund the sum of £2 millions which Stockport shall credit to a fund established by them under the said paragraph 16 which shall be applied only for defraying expenditure incurred by them in the discharge of the liabilities transferred by article 6(1).
4
If the defraying of the expenditure mentioned in paragraphs (2) and (3) does not exhaust the funds established as so mentioned, Tameside or, as the case may be, Stockport shall apportion the amount of the balance among the local councils and shall pay the appropriate proportion to each of the other local councils.
Compensation and superannuation matters
4
1
Subject to paragraph (3), all the functions of the Residuary Body so far as they relate to any contract of employment with the abolished council or a contract of employment with the Residuary Body terminating before the transfer date and all rights and liabilities of that Body which arise from any such contract shall on the transfer date become functions of, or vest in, Tameside.
2
Any function of the Residuary Body relating to the making of payments under the Local Government Reorganisation (Reduction of Redundancy Payment Cases) Scheme 1986 shall on the transfer date transfer to Tameside.
3
Any rights of the Residuary Body to recover sums paid unlawfully by the abolished council to any of its employees or former employees shall on the transfer date vest in Stockport.
4
Regulation 3(3) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 shall apply to the exercise by Tameside of any discretionary function transferred by paragraph (1) as if references to the appropriate residuary body were references to that council.
Block Grant
5
1
Any payment which by virtue of any provision of Part VI of the 1980 Act would but for this Order have fallen, by virtue of section 81 of the 1985 Act, to be made by or to the Residuary Body, shall be made by or to the local councils in the appropriate proportions.
2
For the purposes of paragraph (1) —
a
“the appropriate proportions” shall be construed in accordance with article 1(3)(a); and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference —
i
in the case of any payment attributable to the financial year ended 31st March 1985, 30th June 1982; and
ii
in the case of any payment attributable to the financial year ended 31st March 1986, 30th June 1983.
3
Any information, notice or request under section 65, 66 or 67 of the 1980 Act which but for this article would have fallen to be given or made by or to the Residuary Body shall be given or made by or to Stockport.
Transfer of rights and liabilities
6
1
On the transfer date all rights and liabilities of the Residuary Body other than those mentioned in paragraph (2) shall vest in Stockport; but shall be held for the benefit of, or discharged on behalf of, all the local councils.
2
The rights and liabilities excluded from transfer by paragraph (1) are those —
a
in respect of the Midland Hotel site, Manchester or in connection with immovable property which is excluded from transfer by virtue of article 2(1)(a);
b
transferred by any other article of this Order;
c
relating to grant from the European Commission, or from the Exchequer under section 1 of the Local Government Grants (Social Need) Act 1969 or section 1 of the Derelict Land Act 1982 ;
d
connected with any function which is exercisable after the transfer date by the Residuary Body; and
e
relating to any contract connected with the occupation of offices by the Residuary Body.
Nominations and appointments
7
1
On the transfer date the right of the Residuary Body to nominate trustees of the Trust which administers the Greater Manchester County Disaster Fund shall vest in the local councils jointly.
2
On the transfer date the Council of the Metropolitan Borough of Wigan shall succeed the Residuary Body as Trustee of the Jessie Winstanley Littler Special Bequest.
PART III
MISCELLANEOUS AND GENERAL
Apportionment
8
1
All sums realised by Stockport or Tameside, as the case may be, in pursuance of the transfer by article 4 or 6 of this Order of any rights shall, after deduction of any relevant expenditure, be apportioned among the local councils; and Stockport or, as the case may be, Tameside, shall pay the appropriate proportion to each of the other local councils and shall retain the balance.
2
If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure for that year, that expenditure shall, to the extent that it is not met from that aggregate, be apportioned among the local councils; and the appropriate proportion shall be recoverable by Stockport or Tameside, as the case may be, from each of the other local councils.
3
In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
Continuity of the exercise of functions
9
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes the function of a local council shall, so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to that council.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Continuity of employment in certain cases
10
Where the employment by the Residuary Body of any person is terminated, and that termination is attributable to any provision of this Order, regulation 5 (continuity of employment) of the Local Government Superannuation (Local Government Reorganisation) Regulations 1985 shall apply as if, for the purposes of paragraph (1)(b)(ii), the termination were not attributable to an order under section 67(3) of the 1985 Act.
Amendment of the capital money order
11
The Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 shall have effect in relation to the county and in respect of the financial year ending 31st March 1989, with the addition —
a
at the end of article 4(1) (additions to net capital receipts) of the words “and (c) the sum of £1 million.”; and
b
in article 5(1), in the definition of “distributable capital money”, of the words “and (e) the sum of £1 million.”.
Disputes
12
In the event of a dispute between any of the local councils as to the amount of any expenditure recoverable by Stockport or Tameside pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
Nicholas Ridley
Secretary of State for the Environment
2nd December 1988


text:
1
This Order may be cited as the Registration of Title Order 1988 and shall come into force on 1st December 1988.
2
1
In addition to the areas mentioned in column 2 of the Schedule to the Registration of Title Order 1987 (being the areas in England and Wales in which registration of title to land is already compulsory on sale) registration of title shall be compulsory on sale on and after 1st December 1988,
a
in the districts of Aberconwy, Arfon, Carmarthen, Carrick, Ceredigion, Dinefwr, Dwyfor, East Cambridgeshire, East Staffordshire, Fenland, Hambleton, Kerrier, Meirionnydd, North Cornwall, Penwith, Preseli, Richmondshire, Ryedale, Scarborough, South Pembrokeshire, South Staffordshire, Stafford, Staffordshire Moorlands, Torridge, and West Devon, and
b
in the administrative area of the Isles of Scilly.
2
Accordingly, on and after 1st December 1988, registration of title to land shall be compulsory on sale in the areas mentioned in column 2 of the Schedule to this Order.
3
As from 1st December 1988 the Registration of Title Order 1987 shall cease to have effect.
G. I. de Deney
Clerk of the Privy Council


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”);
b
along the route described in Schedule 2 to this Order (the highway along this route being in this Order referred to as “the Rochester Way Relief Road Interchange”);
c
along the routes described in Schedule 3 to this Order (the highways along these routes being in this Order referred to as “the Rochester Way Relief Road slip roads”);
d
along the routes described in Schedule 4 to this Order (the highways along these routes being in this Order referred to as “the Shooters Hill slip roads”);
e
along the routes described in Schedule 5 to this Order (the highways along these routes being in this Order referred to as “the Thamesmead slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
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 GLRT065/5012/36/TO1/1-1, marked “The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Trunk Road and Slip Roads) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the new trunk roads” means the new trunk roads described in article 1 of this Order.
5
This Order shall come into force on 11th August 1988 and may be cited as the A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Trunk Road and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
1st August 1988


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 1988 and shall come into force on 3rd October 1988.
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 3.15 3.50 2 3.75 4.50 3 7.50 8.50 4 5.00 5.50 4 5.00 5.50 5(a) 20.60 23.00 5(a) 10.30 11.50 5(b) 12.50 13.00 5(b) 6.25 7.00 6 41.25 46.00 7(a) 7.50 8.50 7(a) 2.50 2.75 7(b) 2.50 2.25 7(d) 2.00 2.25 7(f) 7.50 8.50 8(a) 4.10 4.50 8(b) 2.00 2.25 8(c) 3.75 4.50 8(d) 2.00 2.25 8(e) 10.30 11.50 8(f) 6.25 7.00 8(g) 2.00 2.25 8(i) 3.15 3.50 9 0.70 0.75 11 0.65 0.75 11 0.65 0.75 11 0.30 0.35 12 3.15 3.50
Emslie
Lord President IPD
Edinburgh
25th August 1988


text:
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 11) Order 1988.
2
Article 3 of the Financial Services Act 1986 (Commencement) (No. 10) Order 1988 shall not have effect in relation to —
a
an open-ended investment company managed in and authorised under the law of Bermuda units in which are, on 31st December 1988, included in the Official List of The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited; or
b
any prospectus issued by or on behalf of an open-ended investment company which fulfils the conditions described in paragraph (a) of this article, being a prospectus which complies with Chapter II of Part III of the Companies Act 1985 or the corresponding provisions of the Companies (Northern Ireland) Order 1986 and the issue of which in the United Kingdom does not contravene section 74 or 75 of the Companies Act 1985 or the corresponding provisions of the Companies (Northern Ireland) Order 1986 as the case may be.
3
Article 4 of the Financial Services Act 1986 (Commencement) (No. 10) Order 1988 shall not have effect in relation to a prospectus offering for subscription, or to any application form for, units in an open-ended investment company which fulfils the conditions described in article 2(a) of this Order.
4
Section 76 of the Financial Services Act 1986 shall come into force on 1st May 1989 insofar as it has effect in relation to —
a
an open-ended investment company which fulfils the conditions described in article 2(a) of this Order and which is a scheme of a class specified in the Schedule to the Financial Services (Designated Countries and Territories) (Overseas Collective Investment Schemes) (Bermuda) Order ; or
b
any prospectus issued by or on behalf of an open-ended investment company falling within paragraph (a) of this article, being a prospectus which fulfils the conditions described in article 2(b) of this Order,
and shall come into force on 28th February 1989 insofar as it has effect in relation to an open-ended investment company falling within article 2(a) of this Order but not falling within paragraph (a) of this article or to any prospectus which fulfils the conditions described in paragraph 2(b) of this Order issued by or on behalf of any such company.
5
Section 212(3) of and Schedule 17 to the Financial Services Act 1986 shall come into force on 1st May 1989 insofar as is necessary to have the effect that, to the extent that they do apply, the provisions of Part III and section 693 of, and Schedule 3 to, the Companies Act 1985 and the corresponding provisions of the Companies (Northern Ireland) Order 1986 cease to apply to a prospectus offering for subscription, or to any application form for, units in an open-ended investment company falling within article 4(a) of this Order and shall come into force on 28th February 1989 insofar as is necessary to have the effect described in this article with respect to a prospectus offering for subscription, or to any application form for, units in an open-ended investment company falling within article 2(a) of this Order but not within article 4(a).
6
Articles 3(b) and 4 of the Financial Services Act 1986 (Commencement) (No. 10) Order 1988 shall have effect as if “or (a)(ii)” were inserted after “(a)(i)” in each place in which it occurs.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
29th December 1988


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Transfer to Self-employed Pension Arrangements) Regulations 1988 and shall come into force on 1st July 1988.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1985
2
The Occupational Pension Schemes (Transfer Values) Regulations 1985 shall be amended as follows —
a
in sub-paragraphs (a) and (c) of regulation 2(3) for the words “Chapter II of Part II of the Finance Act 1970” there shall be substituted the words “Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 ”;
b
in sub-paragraph (b) of regulation 2(3) for the words “section 26(1) of the Finance Act 1970” there shall be substituted the words “section 612(1) of the Income and Corporation Taxes Act 1988”;
c
in sub-paragraph (d) of regulation 2(3) for the words “section 36 of the Finance Act 1980” there shall be substituted the words “section 608 of the Income and Corporation Taxes Act 1988”; and
d
after regulation 2C there shall be inserted the following regulation —
Use of cash equivalents for subscribing to self-employed arrangements
2D
1
For the purposes of paragraph 13(3) (except in prescribed circumstances paragraph 13(2) to be construed as if paragraph (c) were omitted) the prescribed circumstances are that a member of a scheme who has acquired a right to a cash equivalent under paragraph 12 in respect of rights which are not rights to a guaranteed minimum pension or protected rights has become, or proposes to become, a member of a self-employed pension arrangement.
2
For the purposes of paragraph 13(2) (c) the prescribed requirements are that the other pension arrangement to which it is proposed to subscribe is a self-employed pension arrangement.
3
In this regulation “self-employed pension arrangement” means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 which is approved by the Inland Revenue under that Chapter; but which is neither a personal pension scheme within the meaning of the Social Security Act 1986 nor a contract or a scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988.
.
Amendment of the Personal Pension Schemes (Transfer Values) Regulations 1987
3
The Personal Pension Schemes (Transfer Values) Regulations 1987 shall be amended as follows —
a
in regulation 2(a) (i) for the words “Chapter II of Part II of the Finance Act 1970” there shall be substituted the words “Chapter I of Part XIV of the Income and Corporation Taxes Act 1988”;
b
in regulation 2(a) (ii) for the words “section 26(1) of the Finance Act 1970” there shall be substituted the words “section 612(1) of the Income and Corporation Taxes Act 1988”; and
c
after regulation 2 there shall be inserted the following regulation —
Use of cash equivalents for subscribing to self-employed pension arrangements
2A
1
For the purposes of paragraph 13(3) of Schedule 1A to the Act (except in prescribed circumstances paragraph 13(2) to be construed as if paragraph (c) were omitted) the prescribed circumstances are that a member of a personal pension scheme who has acquired a right to a cash equivalent under paragraph 12 of Schedule 1A to the Act in respect of rights which are not protected rights has become, or proposes to become, a member of a self-employed pension arrangement.
2
For the purposes of paragraph 13(2) (c) of Schedule 1A to the Act the prescribed requirements are that the other pension arrangement to which it is proposed to subscribe is a self-employed pension arrangement.
3
In this regulation “self-employed pension arrangement” means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 which is approved by the Inland Revenue under that Chapter; but which is neither a personal pension scheme within the meaning of the Social Security Act 1986 nor a contract or a scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988.
.
Consequential amendments
4
1
In paragraph (b) of regulation 2 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 for the words “either or both” there shall be substituted the words “one or more” and at the end of sub-paragraph (ii) of that paragraph there shall be added “and” and after that sub-paragraph there shall be inserted the following sub-paragraph —
iii
in the case only of benefits which are not, and do not include, guaranteed minimum pensions, the award of rights to money-purchase benefits under a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985 or regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987.
.
2
The Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987( ) shall be amended as follows: —
a
in paragraph (4) of regulation 4 the word “both” shall be inserted after the word “included” and at the end there shall be added the words “and a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985 or regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987”; and
b
in paragraph 9(c) of Schedule 4 and paragraph 3 of Schedule 6, in the substituted paragraph (a) of sub-paragraph (5) after “appropriate scheme,” there shall be inserted “or of a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985 or regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
9th June 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment Regulations 1988 and shall come into force on 5th September 1988.
Amendment of the meaning of “training allowance”
2
In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 , in the definition of “training allowance”, for the words “but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education or is training as a teacher”, there shall be substituted the following words —
but it does not include —
a
an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education or is training as a teacher; or
b
a payment made by or on behalf of the Secretary of State to any person by way of training premium or training bonus in consequence of that person’s use of facilities for training provided in pursuance of arrangements made under section 2 of the Employment and Training Act 1973 .
.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State
Department of Social Security
12th August 1988.


text:
Citation and commencement
1
These Regulations may be cited as the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1988 and shall come into force on 18th April 1988.
Interpretation
2
In these Regulations: —
“the 1971 Regulations ” means the Rent Assessment Committees (England and Wales) Regulations 1971( ); and
“the 1981 Regulations ” means the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1981( ).
3
The 1971 Regulations are amended by the addition in regulation 2(2), in the definition of “committee”, after the words “section 13 (determination by rent assessment committees of questions relating to purchase notices)” of the words “or by section 31 (determination of terms by rent assessment committees)”.
The 1981 Regulations
4
The 1981 Regulations are amended as follows: —
a
in regulation 2, after the words “or under section 13”, insert the words “or section 31”;
b
in regulation 3
i
at the end of paragraph (c) delete the word “and”;
ii
after paragraph (d) insert the following words
and
e
in the case of an application under section 31 of the Landlord and Tenant Act 1987, Form No. 5 in the Schedule hereto,
;
c
in the Schedule, after Form No. 4, add, as Form No. 5, the form set out in the Schedule to these Regulations.
Nicholas Ridley
Secretary of State for the Environment
9th March 1988
Peter Walker
Secretary of State for Wales
10th March 1988


text:
1
The Service Departments Registers Order 1959 shall be amended as follows:
1
In article 1(b) there shall be inserted after the word “deaths” the words “and births”;
2
For article 2(1)(a) there shall be substituted “(a) any person authorised in that behalf by the Defence Council”;
3
In article 2(1)(b) for the words “Admiralty, the Army Council, the Air Council or the Minister of Aviation.” there shall be substituted the words “Defence Council.”
4
In article 4(2) for the words “Admiralty, Army Council, Air Council or Minister of Aviation, as may be appropriate,” there shall be substituted the words “Defence Council,”
5
In article 5(3) the word “column” shall be omitted;
6
For Part II of the Schedule there shall be substituted the words contained in the Schedule to this Order.
2
This Order may be cited as the Service Departments Registers (Amendment) Order 1988 and shall come into force on 1st October 1988.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, interpretation and application
1
1
These Regulations may be cited as the Merchant Shipping (Passenger Boarding Cards) Regulations 1988 and shall come into force on 29th February 1988.
2
In these Regulations the following expressions have the following meanings respectively unless the context otherwise requires: —
“the Notice” means Merchant Shipping Notice No. M1312;
“passenger” has the meaning given in section 26 of the Merchant Shipping (Safety Convention) Act 1949 ;
“passenger ship” means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power; and
“United Kingdom passenger ship” means a passenger ship which is a United Kingdom ship.
3
A reference to the Notice shall include reference to any subsequent Merchant Shipping Notice amending or replacing the Notice which specifies the date on which such subsequent Notice takes effect and which the Secretary of State considers relevant from time to time.
4
These Regulations apply to United Kingdom passenger ships when operating as passenger ships of Classes II and II(A) within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 .
5
Where a ship is managed by a person other than its owner (whether on behalf of the owner or some other person or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
6
A reference in these Regulations to a numbered regulation is a reference to the regulation of that number in these Regulations.
7
Any approval given pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
Operation of a boarding card system
2
1
The owner of a passenger ship shall ensure that there is a system of individual passenger boarding cards which —
a
conforms to the requirements stated in the Notice; and
b
if so required by the Notice is approved by the Secretary of State.
2
No passenger shall be permitted to board a passenger ship unless he has been issued with an individual boarding card.
3
No passenger ship shall leave its berth before the total number of passengers on board has been determined by means of the boarding card system and the master informed of that number.
Retention of documents
3
1
Such relevant records and documents (if any) as are specified for the purposes hereof in the Notice, relating to the issue of boarding cards shall, if on the ship when it sails, be sealed by an officer on the authority of the master before the end of the voyage to which it relates, or, if on shore, within six hours of the commencement of the voyage by a person authorised by the owner.
In this paragraph “relevant records and documents” means, in relation to each occasion on which the ship sails, records and documents relating to the operation of the system of boarding cards on that occasion.
2
Any person duly authorised by the Secretary of State shall be furnished with such information relating to the operation of the system of boarding cards as he may request including, if he so requests, (for retention by him or otherwise as he may specify) any records or documents sealed under paragraph (1) above which have been retained and records and documents so sealed shall be retained pending any such request for a period of two weeks or such longer or shorter period (if any) as may be specified in, or approved in accordance with, the Notice.
Arrangements for determining the number of passengers remaining on board from a previous voyage
4
1
Arrangements shall be made by the owner of the ship for the number of passengers remaining on board from the previous voyage to be determined by a reliable method, and if so required by the Notice, such arrangements shall be approved by the Secretary of State.
2
The arrangements made in pursuance of the requirement in paragraph (1) shall be described in written instructions which shall be kept on board the ship at all times in the custody of the master.
False statements
5
A person shall not, in connection with the system of individual passenger boarding cards, knowingly or recklessly make any false statement liable or intended to lead to error in the determination of the total number of passengers, or falsify the records or documents referred to in regulation 3, or the sealing thereof.
Offences
6
1
If there is any breach of regulation 2(1) then the owner of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
2
If there is any breach of regulation 2(2) or 4 then the master and owner of the ship shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
3
If there is any breach of regulation 2(3) then the master and owner of the ship shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
4
If there is any breach of regulation 3 then the owner of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
5
Any person contravening regulation 5 shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
6
It shall be a good defence to a charge under Regulations to prove that the person charged took all reasonable steps to avoid commission of the offence.
Offences by Bodies Corporate
7
1
Where an offence under any of these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Exemptions
8
The Secretary of State may make such exemptions from the provisions of regulations 2 and 3 in relation to such ships or services or classes thereof, and subject to such conditions, as he may specify and may, subject to giving reasonable notice, alter or cancel any exemption so granted.
Paul Channon
Secretary of State for Transport
11th February 1988


text:
Citation, commencement, interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988 and shall come into force on 31st December 1988.
2
For the purpose of these Regulations:
“adequate” means in relation to reception facilities for garbage from ships, adequate to receive garbage from ships using the port or terminal in question without causing undue delay to, and according to the needs of, those ships;
“garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except sewage originating from ships;
“harbour” means a harbour, port, estuary, haven, dock or other place used by ships but does not include a terminal as hereinafter defined;
“harbour authority” means a person or body of persons having, for the time being, the management of a harbour in the United Kingdom;
“harmful substances in packaged form” means those substances which are identified as marine pollutants in the IMDG Code and which are in the form of containment specified in the schedules of that Code;
“noxious liquid substances” and“non-polluting liquid substances” have the meanings respectively given to them in the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 ;
“oil” and“oily mixtures” have the meanings respectively given to them in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 ;
“operational wastes” means all maintenance wastes, cargo associated wastes and cargo residues except residues or wastes from oil or oily mixtures, noxious liquid substances, non-polluting liquid substances or harmful substances in packaged form but does not include waste directly arising from the exploration, exploitation and associated off-shore processing of sea bed mineral resources;
“reception facilities” means facilities into which ships may discharge garbage;
“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a floating platform but excludes hovercraft;
“terminal” means a terminal, jetty, pier, wharf, or mono-buoy used by ships which is within a harbour but is managed by a person or body of persons other than the harbour authority for that harbour;
“terminal operator” means a person or body of persons having, for the time being, the management of a terminal;
“the IMDG Code” means the 1977 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time by any document which is considered by the Secretary of State to be relevant and is specified in a Merchant Shipping Notice.
Application
2
1
These Regulations apply to every harbour authority or terminal operator of a harbour or terminal in the United Kingdom or the territorial waters thereof.
2
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations to any harbour authority or terminal operator.
Requirement to provide adequate reception facilities
3
1
The powers exercisable by a harbour authority or terminal operator in respect of any harbour or terminal in the United Kingdom shall include power to provide reception facilities for garbage from ships using the harbour or terminal.
2
Any power of a harbour authority or terminal operator to provide such reception facilities shall include power to join with any other person in providing them, and references in these Regulations to the provision of such reception facilities by a harbour authority shall be construed accordingly; and any such power shall also include power to arrange for the provision of such facilities by any other person.
3
Subject to any directions given by the Secretary of State under regulation 4 below, a harbour authority in respect of its harbour, except any part thereof which is a terminal managed separately by a terminal operator, and a terminal operator in respect of its terminal shall ensure that —
i
if the harbour or terminal has reception facilities for garbage from ships, those facilities are adequate, or
ii
if the harbour or terminal has no such facilities, adequate facilities are provided.
4
A harbour authority or terminal operator shall provide the Secretary of State with such information as he directs in respect of any reception facilities for garbage from ships provided by it or by arrangement with it at its harbour or its terminal as the case may be.
Direction to provide adequate reception facilities
4
Where in the case of any harbour or terminal it appears to the Secretary of State, after consultation with the harbour authority or terminal operator, that:
a
the harbour or terminal has no reception facilities for garbage from ships, or
b
if the harbour or terminal has such reception facilities for garbage, those facilities are not adequate;
the Secretary of State may direct the harbour authority or terminal operator to provide, or arrange for the provision of, such reception facilities as may be specified in the direction.
Use of reception facilities
5
1
A harbour authority or terminal operator providing reception facilities for garbage from ships, or a person providing such facilities by arrangement with a harbour authority or terminal operator, may make reasonable charges for the use of those facilities, and may impose reasonable conditions in respect of the use thereof.
2
Any such reception facilities provided by, or by arrangement with, a harbour authority or terminal operator shall, on payment of charges, and subject to any conditions imposed in accordance with paragraph (1), be open to all vessels which in the opinion of the harbour authority or terminal operator (as appropriate) are using the harbour or terminal for a primary purpose other than utilising the reception facilities.
Penalties
6
Any harbour authority or terminal operator which fails to comply with any direction given under regulation 3(3) or 4 above within the period specified in the direction, or within any extended period allowed by the Secretary of State (whether before or after the end of the period so specified), shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
Signed by authority of the Secretary of State
Michael Portillo,
Minister of State,
Department of Transport
23rd December 1988


text:
1
These Regulations may be cited as the Education (Publication of Proposals for Reduction in Standard Number) Regulations 1988 and shall come into force on 1st October 1988.
2
Any proposals which are required to be published by section 28(1) of the Education Reform Act 1988 in its application to secondary schools (proposals for reducing any standard number applying to such a school under section 27 of that Act) shall be published —
a
in at least one newspaper circulating in the area served by the school to which the proposals relate;
b
by being posted in at least one conspicuous place within that area; and
c
by being posted at or near any main entrance to the school concerned.
Kenneth Baker
Secretary of State for Education and Science
19th August 1988
Peter Walker
Secretary of State for Wales
24th August 1988


text:
Citation and commencement
1
This Order may be cited as the Leeds Development Corporation (Area and Constitution) Order 1988 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
In this Order, “the map” means the map entitled “Map referred to in the Leeds Development Corporation (Area and Consitution) Order 1988”, 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 and the offices of the council of the city of Leeds
Designation of urban development area
3
The area comprising the two areas shown on the map bounded externally by a blank line edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Leeds Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Leeds Development Corporation” with nine members in addition to the chairman and deputy chairman.
Nicholas Ridley
Secretary of State for the Environment
10th May 1988


text:
Title and commencement
1
These Regulations may be cited as the Intervention Functions (Delegation) (Amendment) Regulations 1988 and shall come into force on 1st July 1988.
Amendment of the Intervention Functions (Delegation) Regulations 1972
2
The Intervention Functions (Delegation) Regulations 1972 are hereby amended —
a
by the insertion in regulation 1(3) of the following definition after the definition of “the Board”: — ““cereals” means cereals referred to in article 1(a) and (b) of Council Regulation ( EEC ) No. 2727/75 on the common organisation of the market in cereals , as amended , produced in the Community;”; and
b
by the substitution for regulation 2 of the following regulation: —
2
The Authority shall have power to carry out in the United Kingdom such of the Board’s functions with respect to cereals and oilseed rape as the Board may with the approval of the Ministers and the agreement of the Authority delegate to the Authority in writing.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th June 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
6th June 1988
Tom King
Secretary of State for Northern Ireland
8th June 1988
Wyn Roberts
Minister of State, Welsh Office
7th June 1988


text:
Citation and commencement
1
1
This Order may be cited as the Northamptonshire and Oxfordshire (County Boundaries) Order 1988.
2
This Order shall come into force on 16th March 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Interpretation
2
In this Order “boundary map” means one of the 6 maps prepared by the Department of the Environment, marked “Maps of the Northamptonshire and Oxfordshire (County Boundaries) Order 1988”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Northamptonshire to Oxfordshire
3
1
The parts of the county of Northamptonshire, the district of South Northamptonshire and the parishes of King’s Sutton and Warkworth which are marked Areas C, E, G, H, J and L on boundary maps 2, 3 and 4 shall be transferred to —
a
the county of Oxfordshire and the Bloxham electoral division of that county;
b
the district of Cherwell and the Adderbury ward of that district;
c
the parish of Adderbury;
d
the North Oxfordshire and Chipping Norton petty sessional division;
e
the Oxfordshire Coroner’s district.
2
The parts of the county of Northamptonshire, the district of South Northamptonshire and the parish of Warkworth which are marked Areas A and B on boundary map 1 shall be transferred to —
a
the county of Oxfordshire and the Bloxham electoral division of that county;
b
the district of Cherwell and the Bodicote ward of that district;
c
the parish of Bodicote;
d
the North Oxfordshire and Chipping Norton petty sessional division;
e
the Oxfordshire Coroner’s district.
Transfers from Oxfordshire to Northamptonshire
4
1
The parts of the county of Oxfordshire, the district of Cherwell and the parishes of Adderbury and Deddington which are marked Areas N, O and P on boundary maps 5 and 6 shall be transferred to —
a
the county of Northamptonshire and the Middleton Cheney electoral division of that county;
b
the district of South Northamptonshire and the Rainsborough ward of that district;
c
the parish of Aynho;
d
the Towcester petty sessional division;
e
the Northamptonshire Coroner’s district.
2
The parts of the county of Oxfordshire, the district of Cherwell and the parish of Adderbury which are marked Areas F, K and M on boundary maps 2, 4 and 5 shall be transferred to —
a
the county of Northamptonshire and the Middleton Cheney electoral division of that county;
b
the district of South Northamptonshire and the King’s Sutton ward of that district;
c
the parish of King’s Sutton;
d
the Towcester petty sessional division;
e
the Northamptonshire Coroner’s district.
3
The part of the county of Oxfordshire, the district of Cherwell and the parish of Adderbury which is marked Area D on boundary map 2 shall be transferred to —
a
the county of Northamptonshire and the Middleton Cheney electoral division of that county;
b
the district of South Northamptonshire and the Middleton Cheney ward of that district;
c
the parish of Warkworth;
d
the Towcester petty sessional division;
e
the Northamptonshire Coroner’s district.
Town and Country Planning
5
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan adopted by a county or district council which apply immediately before 1st April 1988 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
16th February 1988


text:
1
This Order may be cited as the Landlord and Tenant Act 1987 (Commencement No. 3) Order 1988.
2
Subject to the transitional provisions in the Schedule to this Order, the provisions of the Landlord and Tenant Act 1987 (except section 42) which are not already in force shall come into force on 1st September 1988 and section 42 of that Act (service charge contributions to be held in trust) shall come into force on 1st April 1989.
Nicholas Ridley
Secretary of State for the Environment
25th July 1988
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
25th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) Regulations 1988 and shall come into force on 10th April 1988.
Application of the Scheme
2
The Scheme set out in Schedule 1 to these Regulations (hereinafter referred to as “the Scheme”) shall apply to those classes of persons prescribed therein.
Revocation and Transitional Provisions
3
1
Subject to the following provisions of this Regulation, the Regulations described in Schedule 2 are hereby revoked.
2
In respect of the week of eligibility of a steel employee which is current on the coming into force of the Scheme, payments may be made in accordance with the Regulations referred to in Part I of Schedule 2 and hereby revoked.
3
The first week in respect of which payments may be made under the Scheme to a steel employee who is eligible to receive a payment under paragraph (2) above shall be the first completed week of eligibility commencing after the week referred to above.
4
For the avoidance of doubt it is hereby declared that payments may be made in accordance with the Regulations referred to in Part I of Schedule 2 and hereby revoked in respect of completed weeks of eligibility occurring before the coming into force hereof.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Trade and Industry
17th March 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Loch Lomond) Designation (Amendment) Order 1988 and shall come into force on 14th April 1988.
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Loch Lomond) Designation Order 1987( ).
Amendment of principal Order
2
The principal Order shall be amended in accordance with articles 3, 4 and 5 below.
3
In article 2 (Interpretation) there shall be inserted before the definition of “enclosed land” the following definition: —
“cow” means a female bovine animal which has calved at least twice;
.
4
In article 2 (Interpretation) for the definition of “livestock unit” there shall be substituted the following definition: —
“livestock unit” means —
1 cow, or
l.25 bovine animals (other than cows) over two years old, or
1.6 bovine animals (other than cows) from one year old to two years old inclusive, or
2.5 bovine animals less than one year old, or
6.66 sheep;
.
5
After paragraph 17(b)(ii) of the Schedule there shall be added the following: —
iii
any additional fencing work that may be necessary to implement the requirements specified in paragraphs 6 and 10 above.
.
Sanderson of Bowden
Minister of State, Scottish Office
New St Andrew’s House,
Edinburgh
2nd March 1988
We consent,
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1988


text:
1
This Order may be cited as the Housing Defects (Reinstatement Grant) (Amendment of Conditions for Assistance) Order 1988 and shall come into force on 16th May 1988.
2
The conditions for assistance by way of reinstatement grant set out in section 538(1) of the Housing Act 1985 are amended by the omission of paragraph (d).
Nicholas Ridley
Secretary of State for the Environment
12th May 1988
Peter Walker
Secretary of State for Wales
13th May 1988


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Amendment) Rules 1988 and shall come into force on 1st August 1988.
2
1
For Rules 64 and 65 of the Trade Marks and Service Marks Rules 1986 there shall be substituted the following Rules:
64
1
At any time not earlier than three months nor later than one month before the expiration of the last registration of a trade mark or a service mark the Registrar shall, in accordance with Rule 13(5) above, send to the registered proprietor notice of the approaching expiration.
2
The said notice shall be in the form of form TM 11 but need not be a replica of that form.
65
1
Renewal of registration shall be effected upon the filing of either —
a
the notice sent in accordance with Rule 64 above or an exact replica thereof, or
b
form TM 11,
duly completed and accompanied by the prescribed renewal fee.
2
If the said filing is effected on or before the date one month before the expiration of the last registration, it shall be treated as having been effected on the first day after that date.
2
In Rule 66 of the said Rules, for the words “filing form TM 11” there shall be substituted the words “effecting the filing under Rule 65 above”.
3
In paragraph (1) of Rule 67 of the said Rules there shall be inserted after the word “advertisement” the words “the notice or replica referred to in Rule 65(1)(a) above or”.
4
Paragraph (2) of Rule 67 of the said Rules shall be left out.
5
For form TM 11 set out in the Schedule to the Trade Marks and Service Marks (Forms) Rules 1986 there shall be substituted the form set out in the Schedule to these Rules.
3
1
In Rule 16(f) of the Trade Marks and Service Marks Rules 1986, for the words “trade mark infringement” there shall be substituted the words “infringement of a trade mark or a service mark”.
2
In Rule 59(3) of the said Rules, for the word “he” where it first appears there shall be substituted the words “the Registrar”.
John Butcher
Department of Trade and Industry
27th June 1988


text:
1
This Order may be cited as the London Government Reorganisation (Staff Compensation) Order 1988 and shall come into force on 5th October 1988.
2
Without prejudice to any other power vested in it, the London Residuary Body may, where a claim in that behalf has been made before the date of coming into force of this Order, pay compensation to —
a
any person formerly employed by the Greater London Council who sustained an injury in the course of that employment, or
b
the widow, widower or child of any person who, in the course of such employment, died or sustained an injury resulting in death,
provided that the power conferred by this article may only be exercised in accordance with principles applied by the Greater London Council in the exercise of the power conferred on it by section 75 of the London Government Act 1963 .
Nicholas Ridley
Secretary of State for the Environment
7th September 1988


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1988 and shall come into force on the 18th November 1988.
2
The Goods Vehicle (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980 , shall be amended in accordance with the following provisions of these Regulations.
3
After regulation 28 (Exemption for Romanian goods vehicles) there shall be inserted the following Regulation:
Exemptions and modification for Soviet Union goods vehicles
28A
1
In this regulation:
“Soviet Union goods vehicle” means a foreign goods vehicle —
a
which is owned by, or operated on behalf of, a person who is authorised under the law of the Union of Soviet Socialist Republics to use the vehicle in that country for the international carriage of goods; and
b
which, in the case of a motor vehicle, is registered in the Union of Soviet Socialist Republics; and
c
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Soviet Union goods vehicle; and
“relevant date” means the date on which the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics concerning international road transport signed on the 22nd January 1988 enters into force for the United Kingdom of Great Britain and Northern Ireland, which date shall be notified in the London Gazette.
2
On or after the relevant date and subject to paragraph (6) and (7) below, section 60(1) of the Act shall not apply to the use of a Soviet Union goods vehicle by virtue of the carriage of such goods as are specified in paragraphs 3, 4 and 7 of Schedule 1.
3
On or after the relevant date and subject to paragraph (6) and (7) below, section 60(1) of the Act shall not apply to the use of a Soviet Union goods vehicle by virtue of the carriage of such goods as are specified in paragraph 19, 19A and 19B of Schedule 1 if the goods are to be, or are being, returned to the country of origin of the vehicle or are to be, or are being, taken to another country.
4
On or after the relevant date and subject to paragraph (6) and (7) below, section 60(1) of the Act shall not apply to the use of a Soviet Union goods vehicle which is a vehicle specified in paragraph 2 or 3 of Schedule 2.
5
On or after the relevant date and subject to paragraph (6) and (7) below, in relation to a Soviet Union goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 60(1) shall have effect as set out in Schedule 4.
6
The foregoing exemptions and modification shall not apply unless there is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn —
a
in the case of the carriage of goods under a contract to which the Convention on the Contract for the International Carriage of Goods by Road (as given the force of law in the United Kingdom by section 1 of the Carriage of Goods by Road Act 1965 ) applies, a consignment note made out in accordance with that Convention and containing the particulars specified therein, or
b
in the case of the carriage of goods otherwise than under such a contract, a document or documents containing the following particulars:
i
the date of the document and the place at which it is made out;
ii
the name and address of the sender of the goods, if any;
iii
the name and address of the carrier;
iv
the date and place of taking over of the goods, if any, and the place designated for delivery, if any;
v
the name and address of the consignee, if any;
vi
the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description;
vii
the number of packages and their special marks and numbers;
viii
the gross weight of the goods and their quantity otherwise expressed;
ix
charges relating to the carriage (carriage charges, supplementary charges, Customs duties and other charges incurred during the journey); and
x
the requisite instructions for Customs and other formalities.
7
The foregoing exemptions and modification shall not apply to the use of a Soviet Union goods vehicle for the carriage of goods between a place in Great Britain and a place in a country other than Great Britain or the Soviet Union, or vice versa, unless there is carried on the vehicle, or if the vehicle is a trailer, on the motor vehicle by which it is drawn, a permit for the use of the vehicle for that purpose issued with the authority of the Secretary of State.
4
In paragraph 2 of Schedule 2 for the word “carrying” shall be substituted the words “used for the carriage of”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
14th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Banking Act 1987 (Exempt Transactions) Regulations 1988, and shall come into force on 29th April 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Banking Act 1987;
“company” means a body corporate, including a body corporate constituted under the law of a country or territory outside the United Kingdom;
“the corresponding Northern Ireland legislation” means, in relation to any of the provisions of the Companies Act 1985 specified in these Regulations, the corresponding provisions of the Companies (Northern Ireland) Order 1986 ;
“the Council” means the Council of The Stock Exchange;
“debt security” includes bonds, notes, debentures and debenture stock;
“deposit”, except in the expressions “pre-contract deposit” and “deposit fund”, shall be construed in accordance with section 5 of the Act;
“exempt transaction” shall be construed in accordance with regulation 2 of these Regulations;
“industrial and provident society” means a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or under the Industrial and Provident Societies Act (Northern Ireland) 1969 but does not include a credit union within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985 ;
“the listing rules” means any rules made pursuant to section 142(6) of the Financial Services Act 1986 ;
“net assets” has the meaning ascribed to it by section 264(2) of the Companies Act 1985;
“the Official List” means the Official List of The Stock Exchange;
“redemption value”, in relation to any debt security, means the amount of the principal which is payable upon redemption of that security;
“sterling commercial paper” means a sterling debt security which may not be redeemed in whole or in part until after seven days beginning with the date of issue but which must be redeemed within one year beginning with the date of issue;
“sterling debt security” means a debt security in relation to which the principal, interest and subscription moneys are payable solely in sterling;
“The Stock Exchange” means The International Stock Exchange of the United Kingdom and Republic of Ireland Limited;
“subsidiary” and “wholly-owned subsidiary” shall be construed in accordance with section 736 of the Companies Act 1985;
“successor to the British Steel Corporation” means any company in which property, rights and liabilities of the British Steel Corporation shall have become vested by virtue of an Act; and
“the Unlisted Securities Market” means the Unlisted Securities Market of The Stock Exchange.
Exempt transactions
2
The transactions referred to in the following regulations are prescribed for the purposes of section 4(4) of the Act as transactions to which the prohibition in section 3 of the Act on the acceptance of a deposit does not apply. Such transactions are referred to in these Regulations as “exempt transactions”.
Charities
3
1
The acceptance by a charity of a deposit is an exempt transaction if —
a
the deposit is made by another charity, or
b
there is payable in respect of the deposit neither interest nor a premium.
2
In this regulation “charity” means any institution, trust or undertaking, whether corporate or not, which is established solely for charitable purposes, and in the application of this regulation to Scotland “charitable” shall be construed in the same way as in the Income Tax Acts.
Church deposit funds
4
1
The acceptance by the Central Board of Finance of the Church of England of a deposit in the course of administering a deposit fund within the meaning of paragraph 1 of the scheme contained in the Schedule to the Church Funds Investment Measure 1958 is an exempt transaction.
2
The acceptance by the Central Finance Board of the Methodist Church of a deposit in the course of administering a deposit fund within the meaning of paragraph 1 of the scheme contained in the First Schedule to the Methodist Church Funds Act 1960 is an exempt transaction.
Industrial and provident societies
5
The acceptance by an industrial and provident society of a deposit in the form of a withdrawable share capital is an exempt transaction.
Agricultural, forestry and fisheries associations
6
1
Without prejudice to regulation 5, the acceptance by an association to which section 33 of the Restrictive Trade Practices Act 1976 applies of a deposit by a member of that association is an exempt transaction.
2
The reference in paragraph (1) of this regulation to a member of an association to which section 33 of the Restrictive Trade Practices Act 1976 applies includes a reference to —
a
a member of any such association which is a member of that association, and
b
a prospective member, provided that the deposit is made in order to qualify him for membership of the association.
Retail and other co-operative societies
7
1
Without prejudice to regulation 5, the acceptance by a co-operative society of a deposit is an exempt transaction if the society fulfils the requirements of paragraph (2) of this regulation and the deposit is not taken in breach of the society’s obligations under the Scheme.
2
The requirements of this paragraph are —
a
that the society is an industrial and provident society,
b
that either —
i
the principal business of the society is the sale by retail of goods for the domestic or personal use of individuals dealing with the society, or the provision of services for such individuals, or
ii
at least seventy-five per cent. of the votes which may be cast to determine the conduct of the society’s affairs and at least ninety per cent. of its shares by reference to their nominal value are held by qualifying shareholders, and
c
the society participates in the Scheme and accordingly is a Participating Society within the meaning of clause 2(4) thereof.
3
In this regulation —
a
references to the Scheme are to the Scheme constituted by deed dated the 29th February 1980 between the Co-operative Union Limited of the one part and the Co-operative Bank Limited of the other part the provisions of which are set out in Schedule 1 to these Regulations, and such references do not include references to the Scheme as amended or varied;
b
the reference to qualifying shareholders is to industrial and provident societies which have the principal business described in paragraph 2(b)(i) of this regulation and societies which are registered within the meaning of the Friendly Societies Act 1974 or are registered or deemed to be registered under the Friendly Societies Act (Northern Ireland) 1970 .
Solicitors
8
1
The acceptance by a practising solicitor in the course of his profession of a deposit is an exempt transaction.
2
In this regulation “practising solicitor” means a solicitor who is qualified to act as such under section 1 of the Solicitors Act 1974 , article 4 of the Solicitors (Northern Ireland) Order 1976 or section 4 of the Solicitors (Scotland) Act 1980 , and in Scotland includes a firm of practising solicitors.
Deposits accepted in the course of estate agency work
9
1
The acceptance in the course of estate agency work of a deposit which is a pre-contract deposit is an exempt transaction.
2
In this regulation “estate agency work” has the meaning assigned to it by section 1(1) of the Estate Agents Act 1979 , and “pre-contract deposit” has the meaning assigned to it by section 12(3) of that Act.
Certain public undertakings
10
1
Subject to paragraph (2) of this regulation, the acceptance by a body listed in Schedule 2 to these Regulations of a deposit made by another such body is an exempt transaction.
2
Paragraph (1) shall apply to a successor to the British Steel Corporation only so long as each of its issued shares is held by, or by a nominee of, the Treasury or the Secretary of State.
The National Children’s Charities Fund
11
The acceptance by The National Children’s Charities Fund of a deposit is an exempt transaction if the deposit is accepted on terms that no interest or premium shall be payable in respect thereof unless the total amount of deposits by that person with The National Children’s Charities Fund exceeds £10,000.
Sterling debt securities
12
The acceptance by a company of a deposit on terms involving the issue of any sterling debt security is an exempt transaction if —
a
either —
i
the company has issued shares which have either been admitted to the Official List (and are not the subject of a Council notice cancelling or suspending the listing or suspending dealings) or are dealt in on the Unlisted Securities Market (and are not the subject of a Council notice cancelling or suspending dealings), and the company at the time that it accepts the deposit is in compliance with its obligations in respect of such shares under the listing rules or (as the case may be) under any undertaking given to The Stock Exchange pursuant to which its shares are dealt in on the Unlisted Securities Market, or
ii
the company is a wholly-owned subsidiary of a company which satisfies the condition set out in sub-paragraph (a)(i) of this paragraph and the latter company has guaranteed to the holder of the sterling debt security the repayment of the principal and the payment of any interest or premium in connection with that sterling debt security;
b
the deposit is an amount of not less than £100,000 and in consideration of the deposit a single sterling debt security is issued the whole or any part of which —
i
may not be redeemed for at least one year from the date of issue, and
ii
may be transferred only if the aggregate redemption value of sterling debt securities being transferred is not less than £100,000; and
c
either —
i
application has been made for admission of the sterling debt security to the Official List in accordance with the listing rules and the Council has approved the applicable listing particulars, and the company at the time that it accepts the deposit is in compliance with its obligations under the listing rules in respect of such security, or
ii
the sterling debt security is offered by a prospectus which contains the information specified in sections 56(1) and 63 of the Companies Act 1985 , or which, in the case of a company of a kind described in section 72 of that Act, contains the information specified in subsections (2) and (3) of that section, or which complies with the requirements of the corresponding Northern Ireland legislation.
Sterling commercial paper
13
The acceptance by a company of a deposit on terms involving the issue of any sterling commercial paper is an exempt transaction if —
a
either —
i
the company has issued shares which have been admitted to the Official List (and are not the subject of a Council notice cancelling or suspending the listing or suspending dealings), or
ii
the company is a wholly-owned subsidiary of a company which, at the time of acceptance of the deposit, satisfies the condition set out in sub-paragraph (a)(i) of this paragraph and the latter company has guaranteed to the holder of the sterling commercial paper the repayment of the principal and the payment of any interest or premium in connection therewith;
b
the net assets of the company accepting the deposit or, if sub-paragraph (a)(ii) of this paragraph applies, of the guarantor company were shown in its last audited individual or group accounts (as the case may be) to be not less than £50 million;
c
in consideration of the deposit a single debt security is issued, in the form of sterling commercial paper, which has a redemption value of not less than £500,000, the whole or part of which may be transferred only if the aggregate redemption value of sterling commercial paper being transferred is not less than £500,000;
d
except as provided in sub-paragraph (a)(ii) of this paragraph, repayment of the principal and payment of any interest or premium in connection with the sterling commercial paper (if guaranteed) is guaranteed only by an authorised institution; and
e
the sterling commercial paper —
i
bears the rubric
“sterling commercial paper issued in accordance with regulations made under section 4 of the Banking Act 1987”,
ii
either states that repayment of the principal and the payment of any interest or premium in connection with the sterling commercial paper have not been guaranteed by an authorised institution, or, if they have been so guaranteed, states that this is the case and the name of the guarantor, and
iii
unless it is offered by a prospectus to which section 56 or 72 of the Companies Act 1985 or the corresponding Northern Ireland legislation applies, includes a statement made by the company accepting the deposit, or, if sub-paragraph (a)(ii) of this regulation applies, the guarantor company, that the relevant company is in compliance with its obligations under the listing rules in respect of its listed shares and that, since the last publication in compliance with the listing rules of information about the relevant company, the relevant company, having made all reasonable enquiries, has not become aware of any change in the circumstances of the company which could reasonably be regarded as significantly and adversely affecting the company’s ability to meet its obligations in respect of the sterling commercial paper as they fall due.
Authorised and exempted persons under the Financial Services Act 1986
14
1
Subject to paragraphs (2) and (3) below, the acceptance of a deposit by a person who is an authorised person or an exempted person under the Financial Services Act 1986 (in this regulation called “an authorised person” and “an exempted person” respectively) is an exempt transaction if the deposit is accepted in the course of or for the purpose of engaging in any dealing activity with or on behalf of the person by whom or on whose behalf the deposit is made or any service activity on behalf of that person.
2
Paragraph (1) applies to an authorised person only if the activity is one in which he may engage without contravening any rules (made by the appropriate authority or a recognised organisation) of the kind described in section 48(2)(a) and (b) of the Financial Services Act 1986 (rules as to the type of business carried on or the persons in relation to whom business is carried on) or any prohibition of the kind described in section 65 of that Act.
3
Paragraph (1) applies to an exempted person only if the activity is one in respect of which he is exempt under the Financial Services Act 1986.
4
In this regulation —
a
“appropriate authority” means the Secretary of State or a designated agency within the meaning of section 114(3) of the Financial Services Act 1986;
b
“dealing activity” means an activity falling within paragraph 12 of Schedule 1 to that Act, construed without reference to Parts III and IV of that Schedule;
c
“recognised organisation” means a body which is a recognised professional body or a recognised self-regulating organisation within the meaning of section 207(1) of that Act and references to rules made by a recognised organisation include rules (whether or not laid down by the organisation itself) which the organisation has power to enforce; and
d
“service activity” means an activity falling within paragraph 13, 14 or 16 of Schedule 1 to that Act, construed without reference to Parts III and IV of that Schedule.
Revocation
15
The Banking Act 1979 (Exempt Transactions) Regulations 1986 and the Banking Act 1979 (Exempt Transactions) (Amendment) Regulations 1987 are hereby revoked.
Peter Lloyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 1988