text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1988 and shall come into force on 12 May 1988.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 19 of the principal Regulations
2
In sub-paragraph (d) of paragraph (1) of regulation 19 of the principal Regulations (payments to be disregarded), after the words “in kind” there shall be inserted the words “(other than a payment to which regulation 19C of these Regulations applies),”.
Insertion of regulation 19C in the principal Regulations
3
After regulation 19B of the principal Regulations there shall be inserted the following regulation:
Payments in kind not to be disregarded
19C
1
A payment in kind shall not by virtue of regulation 19(1)(d) of these Regulations be excluded from the computation of a person’s earnings in respect of any employed earner’s employment so far as it consists of the conferment of a beneficial interest in any security falling within paragraph (2) of this regulation or in any derivative instrument falling within paragraph (3) of this regulation.
2
In this regulation “security” means debentures, including debenture stock, loan stock, bonds, certificates of deposit and other instruments creating or acknowledging indebtedness issued by or on behalf of a government, local authority public authority, body corporate or any other person, but does not include shares and stock in the share capital of a company.
3
In this regulation “derivative instrument” means —
a
a warrant or other instrument entitling the holder to subscribe for securities falling within paragraph (2) of this regulation;
b
a certificate or other instrument which confers —
i
property rights in respect of any security falling within paragraph (2) of this regulation or of any derivative instrument falling within sub-paragraph (a), (c), (d) or (e) of this paragraph; or
ii
any right to acquire, dispose of, underwrite or convert a security falling within paragraph (2) of this regulation or a derivative instrument falling within sub-paragraph (a), (c), (d) or (e) of this paragraph, being a right to which the holder would be entitled if he held any such security or derivative instrument to which the certificate or instrument relates; or
iii
a contractual right (other than an option) to acquire, otherwise than by subscription, any security falling within paragraph (2) of this regulation or any derivative instrument falling within sub-paragraph (a), (c), (d) or (e) of this paragraph;
not being a certificate or other instrument in relation to units in an authorised unit trust scheme or a recognised scheme within the meaning of the Financial Services Act 1986 ;
c
an option to acquire or dispose of —
i
a security falling within paragraph (2) of this regulation or a derivative instrument falling within sub-paragraph (a), (b), (d) or (e) of this paragraph;
ii
an option to acquire or dispose of a security or derivative instrument falling within paragraph (i) of this sub-paragraph;
d
rights under a contract for the sale of any security falling within paragraph (2) of this regulation or of any derivative instrument falling within sub-paragraph (a), (b), (c) or (e) of this paragraph under which delivery is to be made at a future date agreed upon when the contract is made and at a price agreed upon when the contract is made;
e
rights under a contract for differences or under any other contract, the purpose or pretended purpose of which is to secure a profit or avoid a loss by reference to fluctuations in the value or price of a security falling within paragraph (2) of this regulation or a derivative instrument falling within sub-paragraph (a), (b), (c) or (d) of this paragraph or by reference to fluctuations in an index or other factor relating to such securities or derivative instruments designated for that purpose in the contract.
4
So far as a payment in kind consisting of the conferment of a beneficial interest falls by virtue of paragraph (1) of this regulation to be taken into account in the computation of a person’s earnings, the amount of his earnings comprised in that payment shall be calculated or estimated at the price which that interest might reasonably be expected to fetch if sold in the open market on the day on which it is conferred.
.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
10th May 1988


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Foreign Prison-made Goods Act 1897 (Amendment) Regulations 1988 and shall come into force on 10th November 1988.
Amendment of the Foreign Prison-made Goods Act 1897:
2
The Foreign Prison-made Goods Act 1897 shall be amended as follows: —
a
by adding at the end of section 1 the following words “or originating or in free circulation in another member State”;
b
by the insertion after section 1 of the following section: —
“Interpretation. 1A. Any question under section 1 whether goods originate or are in free circulation in another member State shall be determined in accordance with the Treaties”.
Alan Clark
Minister for Trade,
Department of Trade and Industry
17th October 1988


text:
1
These Regulations may be cited as the Water (Meters) (Amendment) Regulations 1988 and shall come into force on 1st October 1988.
2
For regulation 7 of the Water (Meters) Regulations 1988 (expenses of testing) there shall be substituted —
7
1
Subject to paragraph (2), where a test is carried out in accordance with Regulation 6 at the request of the customer, and the meter on being tested falls within the prescribed limits of error, the undertakers may recover from the customer the expenses reasonably incurred by them in carrying out the test.
2
In the case of a meter which is connected to a supply of water to a house, the expenses recoverable under this Regulation shall not exceed: —
a
where the test is carried out by removing the meter from premises, £70;
b
in any other case, £20.
.
Nicholas Ridley
Secretary of State for the Environment
25th July 1988


text:
1
This Order may be cited as the Free Zone (Liverpool) Designation (Variation) Order 1988 and shall come into force on 21st March 1988.
2
In this Order “the principal order” means the Free Zone (Liverpool) Designation Order 1984 .
3
The area designated a free zone by article 2(1) of the principal order shall be varied so as to consist of an area of 621 acres, in the Borough of Sefton in the County of Merseyside, shown enclosed by a red line on a map, being of a scale of 25 inches to a mile, and signed by a Collector of Customs and Excise.
4
The map referred to in article 3 above shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ (and a copy thereof at the offices of The Mersey Docks and Harbour Company) in substitution for the map kept as required by article 2(2) of the principal order.
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1988


text:
1
This Order may be cited as the Gipsy Encampments (The Borough of North Bedfordshire and the District of Mid Bedfordshire) Order 1988 and shall come into force on 10th February 1988.
2
The combined areas of the Borough of North Bedfordshire and the District of Mid Bedfordshire are designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
12th January 1988


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1988 and, subject to paragraph (2), shall come into force on 6th April 1988.
2
Regulation 3(2)(c) shall come into force on 6th April 1988 immediately after the coming into force of the Personal and Occupational Pension Schemes (Consequential Provisions) Regulations 1987 .
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984
2
1
The Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 shall be amended in accordance with the provisions of this regulation.
2
In regulation 12(1)(a) —
a
for the words “a benefit smaller than that” there shall be substituted the words “a benefit or benefits smaller than that or those”;
b
for the words “becoming payable” there shall be substituted the words “being or including a benefit which becomes payable to the member”; and
c
after the words “normal pension age” there shall be inserted, “whether or not it or they also include benefit or benefits as an alternative to short service benefit which is prospectively payable to the widow, widower or dependant of the member,”.
3
In regulation 12(1)(b) —
a
for the words “a benefit larger than that” there shall be substituted the words “a benefit or benefits larger than that or those”;
b
for the words “becoming payable” there shall be substituted the words “being or including a benefit which becomes payable to the member”; and
c
after the words “normal pension age” there shall be inserted “, whether or not it or they also include a benefit or benefits as an alternative to short service benefit which is prospectively payable to the widow, widower or dependant of the member”.
4
In regulation 12(5), for the words “when the alternative” there shall be substituted the words “when the benefit to which the member is entitled”.
5
In regulation 12(9), for “(5) to (7)” there shall be substituted “(6) and (7)”.
6
For paragraph (2) of regulation 19 there shall be substituted —
2
In a case where a scheme is being wound up regulation 12(1)(c), (d) and (e)(i) and (ii) shall not apply and the member’s consent shall not be required —
a
in the case of a member who at the time of winding up is employed in employment to which the scheme relates, to the transfer of his accrued rights to another scheme relating to the same employment or another employment with the same employer or his successor, with a view to the acquisition for him of transfer credits under that other scheme; and
b
in the case of a member who at the time of winding up is not so employed, to the transfer of the liabilities of the scheme in respect of short service benefit or, as the case may be, payment of pension to another scheme which, if he were so employed, would satisfy the provisions of sub-paragraph (a) above.
.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1985
3
1
The Occupational Pension Schemes (Transfer Values) Regulations 1985 shall be amended in accordance with the provisions of this regulation.
2
In regulation 3 of those Regulations —
a
In paragraph (1) for “paragraph (3)” there shall be substituted “paragraphs (1A) or (3)”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
Where the member (in respect of whom a cash equivalent such as is mentioned in paragraph 12(1) is to be calculated and verified) is a member of a scheme having particulars from time to time set out in regulations made under section 7 of the Superannuation Act 1972 , his cash equivalent shall be calculated and verified in such manner as may be approved by the Government Actuary or by an actuary authorised by the Government Actuary to act on his behalf for that purpose, and in such a case “actuary” in this regulation means the Government Actuary or the actuary so authorised.
; and
c
in paragraph (3)(a) , the words “which is or was formerly a money purchase contracted-out scheme” shall be omitted.
3
In regulation 4 of those Regulations —
a
in paragraph (1), for the words from the beginning to the word “discretion” there shall be substituted “Where it is the established custom for additional benefits to be awarded from the scheme at the discretion of the trustees or the employer”; and
b
after paragraph (5), there shall be inserted the following paragraphs —
5A
In a case where a contributions equivalent premium or an accrued rights premium has been paid in respect of a member in accordance with section 42 or, as the case may be, section 44, the cash equivalent referred to in paragraph 12(1) shall be reduced (to nil if need be) to the extent that it represents the member’s accrued rights to a guaranteed minimum pension under the scheme.
5B
Where a member of a scheme has had provided to or in respect of him an alternative to short service benefit such as is mentioned in regulation 12(1)(e) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 (benefit provided under an insurance policy or annuity contract), and that alternative was provided —
a
in accordance with sub-paragraph (a) of paragraph (4) of that regulation and the conditions specified in sub-paragraphs (c) to (f) of paragraph (4A) of it are satisfied; or
b
in accordance with sub-paragraph (aa) or paragraph (4) of that regulation,
and the trustees of the scheme are in consequence discharged from their liability to provide short service benefit by virtue of section 52C, the cash equivalent in respect of that member shall be reduced to nil.
4
In regulation 6 of those Regulations —
a
in paragraph (b), for “in the circumstances specified in paragraph 2 of Schedule 1 to those regulations,” there shall be substituted “without his consent; or”; and
b
after paragraph (b), there shall be inserted the following paragraphs —
c
the member’s accrued rights under the transferring scheme have been transferred without his consent to the receiving scheme by virtue of regulation 19(2) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984; or
d
the member’s accrued rights, where they do not include any right to short service benefit, under the transferring scheme have been transferred without his consent to the receiving scheme,
.
5
After regulation 6 of those Regulations there shall be inserted the following regulations —
Application of transfer value requirement to schemes with an overseas element
7
1
This regulation applies to any scheme which has an overseas element within the meaning of regulation 21(1) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984.
2
In the case of a scheme to which this regulation applies, Schedule 1A shall be so modified that the provisions of that Schedule relating to transfer values apply to that scheme only to the extent that the preservation requirements apply to it by virtue of regulation 21 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984.
Termination of pensionable service
8
1
Subject to paragraph (3) below, where the pensionable service of a member of an occupational pension scheme terminates in the circumstances set out in paragraph (2) below, Part II of Schedule 1A shall have effect as if that pensionable service had not terminated.
2
The circumstances referred to in paragraph (1) above are that —
a
the pensionable service which has terminated is a period of such service which is one, other than the last one, of a series of such periods in employment to which the scheme relates; and
b
there is between successive periods of pensionable service —
i
no interval, or
ii
an interval not exceeding 1 month, or
iii
an interval of any length if it is between 2 periods of pensionable service the second of which results from the exercise of a right to return to work under section 45(1) of the Employment Protection (Consolidation) Act 1978 (right to return to work following pregnancy or confinement), or
iv
an interval of any length if it is between 2 periods of pensionable service the second of which results from a return to work by the member following a period of absence arising in consequence of a trade dispute within the meaning of section 19(2)(b) of the Social Security Act 1975 .
3
This regulation shall not have effect where the trustees or managers of a scheme have, during any interval such as is set out in paragraph (2)(b)(ii) to (iv) above, done what is needed to carry out what a member requires in exercising an option available to him under paragraph 13 of Schedule 1A.
.
Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985
4
1
The Occupational Pension Schemes (Discharge of Liability) Regulations 1985 shall be amended in accordance with the provisions of this regulation.
2
In regulation 4 of those Regulations the word “and” at the end of sub-paragraph (b)(iii) shall be omitted and at the end of paragraph (b) (but not as part of sub-paragraph (iii) of that paragraph) there shall be inserted “and in each case mentioned in sub-paragraphs (i) to (iii) that any increase of guaranteed minimum pension under section 37A results in a similar increase in the annuity; and”.
3
In regulation 5(b)(ii), after “12(4)(a)” there shall be inserted “(and the conditions specified in regulation 12 (4A)(c) to (f) are satisfied)” .
Amendment of the Occupational Pension Schemes (Revaluation) Regulations 1985
5
1
The Occupational Pension Schemes (Revaluation) Regulations 1985 shall be amended in accordance with the provisions of this regulation.
2
In regulation 1(2), in the definition of “normal pension age” etc. for “regulation 3” there shall be substituted “regulations 3 and 10 to 12”.
3
After regulation 9 of those Regulations there shall be inserted the following regulations —
Retirement benefits varied at state pension age
10
In a case where a scheme contains a provision that the pension or other retirement benefit payable to a member under it at normal pension age falls to be varied at state pension age (that is age 60 years for a woman or age 65 years for a man), Schedule 1A to the Social Security Pensions Act 1975 shall have effect as if: —
a
on the date on which the member attains normal pension age, D in the formula set out in paragraph 2(2) was the amount of the pension or other retirement benefit payable at normal pension age; and
b
on the member attaining state pension age the appropriate amount fell to be recalculated on the basis that state pension age was normal pension age for that member except that for the purposes of the calculation any increase in the member’s pension or other retirement benefit between his actual normal pension age and state pension age was to be disregarded.
Refunds in respect of service prior to 6th April 1975
11
Where a member’s pensionable service includes a period before 6th April 1975 and in respect of which payment of a lump sum (whether or not being or including a payment by way of a refund of contributions) has been made to him, Schedule 1A to the Social Security Pensions Act 1975 shall have effect as if —
a
that period of service was excluded from C in the formula set out in paragraph 2(2); and
b
D in that formula was reduced by an amount representing any pension or other retirement benefit which accrued in consequence of the lump sum.
Rounding
12
Schedule 1A to the Social Security Pensions Act 1975 shall have effect so as to allow scheme rules to make provision for the length of a member’s qualifying pensionable service and pensionable service, set out in paragraph 2(2) as items B and C respectively, to be expressed in whole numbers of months, provided that —
a
the method of rounding to a whole month is the same for both item B and item C and involves rounding only to the nearest, next highest or next lowest month;
b
subject to paragraph (c) below, in calculating the amount of any pension or other benefit due to the member under scheme rules provision is made for rounding pensionable service to a period of a whole month or a greater period; and
c
where the member’s pensionable service commenced prior to 1st January 1985 his qualifying pensionable service shall, for the purposes of any calculation such as is referred to in paragraph (a) above, be taken to have commenced on that date.
Application of revaluation requirement to schemes with an overseas element
13
1
This regulation applies to any scheme which has an overseas element within the meaning of regulation 21(1) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 .
2
In the case of a scheme to which this regulation applies Schedule 1A to the Social Security Pensions Act 1975 shall be so modified that provisions of that Schedule relating to revaluation apply to that scheme only to the extent that the preservation requirements apply to it by virtue of regulation 21 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984.
Termination of pensionable service
14
1
Subject to paragraph (3) below, where the pensionable service of a member of an occupational pension scheme terminates in the circumstances set out in paragraph (2) below, Part I of Schedule 1A to the Social Security Pensions Act 1975 shall have effect as if that service had not terminated.
2
The circumstances referred to in paragraph (1) above are that —
a
the pensionable service which has terminated is a period of such service which is one, other than the last one, of a series of such periods in employment to which the scheme relates; and
b
there is between successive periods of pensionable service —
i
no interval;
ii
an interval not exceeding 1 month, or
iii
an inerval of any lenth if it is between 2 periods of pensionable service the second of which results from the exercise of a right to return to work under section 45(1) of the Employment Protection (Consolidation) Act 1978 (right to return to work following pregnancy or confinement), or
iv
an interval of any length it it is between 2 periods of pensionable service the second of which results from a return to work by the member following a period of absence arising in conseqence of a trade dispute within the meaning of section 19(2)(b) of the Social Security Act 1975 .
3
This regulation shall not have effect where the trustees or managers of a scheme have, during any interval such as is set out in paragraph (2)(b)(ii) to (iv) above, done what is needed to carry out what a member requires in exercising an option available to him under paragraph 13.
.
Amendment of the Occupational Pension Schemes (Auditors) Regulations 1987
6
1
The Occupational Pension Schemes (Auditors) Regulations 1987 shall be amended in accordance with the provisions of this regulation.
2
There shall be inserted at the end of regulation 2 of those Regulations “or which is established outside the United Kingdom”.
Amendment of the Occupational Pension Schemes (Managers) Regulations 1986
7
1
The Occupational Pension Schemes (Managers) Regulations 1986 shall be amended in accordance with the provisions of this regulation.
2
After regulation 2 of those Regulations, there shall be inserted the following regulation —
Person to be treated as manager of scheme established outside the United Kingdom
3
For the purposes of sections 56A, 56E and 56L of the Act (disclosure of information about occupational pension schemes), in their application to the making available of information and documents to a particular member or prospective member of any occupational pension scheme established outside the United Kingdom, or by reason of his membership or prospective membership to any other person or body, the person or body to be treated as the manager of the scheme shall be such person as is for the time being treated by the Board of Inland Revenue as the administrator of the scheme for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 .
.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986
8
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1986 shall be amended in accordance with the provisions of this regulation.
2
In regulation 1(2) of those Regulations, in the definition of “trustees” there shall be added at the end “, except in relation to a scheme established outside the United Kingdom and in such a case “trustees” means the person or body treated by the Board of Inland Revenue for the time being as the administrator of the scheme for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988”.
3
In regulation 3 of those Regulations —
a
after sub-paragraph (b) of paragraph (1) there shall be inserted the word “or” and the following sub-paragraph —
c
unless it has at least 2 members in employment in the United Kingdom to which it relates and either —
i
it is established in the United Kingdom, or
ii
it has 1 or more trustees resident in the United Kingdom.
;
b
after sub-paragraph (c) of paragraph (2) there shall be inserted the word “or” and the following sub-paragraph —
d
any person whose employment is not in the United Kingdom, unless he is a person whose earnings give rise to a liability for payment of primary Class I contributions, or would do if they were equal to or greater than the lower earnings limit.
.
4
In regulation 4 of those Regulations, after paragraph (4) there shall be inserted the following paragraph —
5
Any document of which disclosure is required by paragraph (1) which is not in the English language shall be accompanied by a translation in that language.
.
5
In regulation 7 of those Regulations, after paragraph (5) there shall be inserted the following paragraph —
6
Where the audited accounts of a scheme established outside the United Kingdom such as are mentioned in paragraph (1) fall to be prepared outside of the United Kingdom, they shall be prepared in accordance with the law of, and the professional practices prevalent in, the country in which they are prepared.
.
6
In regulation 8 of those Regulations, after sub-paragraph (a) of paragraph (2) there shall be inserted the following sub-paragraph —
aa
to a scheme established outside the United Kingdom; or
.
7
In regulation 9 of those Regulations —
a
in sub-paragraph (a) of paragraph (1) there shall be inserted at the beginning “subject to sub-paragraph (aa);”;
b
after sub-paragraph (a) of paragraph (1) there shall be inserted the following sub-paragraph: —
aa
in relation to a scheme established outside the United Kingdom, a copy of the accounts for the scheme year to which the document relates;
; and
c
in paragraph (4), after “request and of the person who” there shall be inserted “or trade union which”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
10th March 1988


text:
Title and commencement
1
These Regulations may be cited as the Cereals Co-responsibility Levy (Certified Seed Exemption) Regulations 1988 and shall come into force on 1st August 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“cereals” means cereals referred to in Article 1(a) and (b) of the Council Regulation produced in the Community;
“cereals co-responsibility levy” means levy imposed by Articles 4 and 4b of the Council Regulation;
“cereals marketing year” means the marketing year specified in Article 2 of the Council Regulation;
“Commission Regulation” means Commission Regulation ( EEC ) No. 1432/88 laying down detailed rules for applying the co-responsibility levy in the cereals sector ;
“Council Regulation” means Council Regulation (EEC) No. 2727/75 on the common organisation of the market in cereals as amended .
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Council Regulation and the Commission Regulation.
Exemptions for certified seed
3
1
84 per cent of cereals purchased by and delivered to a seed merchant under multiplication contracts shall be exempt from cereals co-responsibility levy where the proportion of cereals so purchased and delivered which is certified and sold as seed is 75 per cent or more of the total quantity of cereals delivered during the marketing year to that seed merchant under the terms of multiplication contracts.
2
Where the proportion of cereals purchased by and delivered to a seed merchant under multiplication contracts which is certified and sold as seed is less than 75 per cent of the total quantity of cereals delivered during the marketing year to that seed merchant only that amount of cereal seed certified and sold as such shall be exempt from cereals co-responsibility levy.
In witness whereof the Official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
19th July 1988


text:
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Collective Investment Schemes) (Guernsey) Order 1988 and shall come into force on 30th December 1988.
2
The Bailiwick of Guernsey is designated for the purposes of section 87 of the Financial Services Act 1986 in respect of any collective investment scheme managed in and authorised under the law of the Bailiwick which is a scheme of a class specified in the Schedule to this Order.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
8th December 1988


text:
Citation, and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1988 and shall come into force on 1st March 1988.Amendment of principal Order
2
The Environmentally Sensitive Areas (The Broads) Designation Order 1986 shall be amended in accordance with articles 3 and 4 below.
3
In article 2(1) (interpretation) there shall be inserted immediately after the definition of “agreement” the following definition:
“cow” means a female bovine animal which has calved at least twice;
.
4
In article 2 (interpretation) there shall be substituted for the definition of “livestock unit” the following definition:
“livestock unit” means —
1 cow, or
1.4 bovine animals (other than cows) more than 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
1 equine animal more than six months old, or
6.66 sheep;
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
We consent,
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1988


text:
1
These Regulations may be cited as the Wireless Telegraphy (Broadcast Licence Charges and Exemption) (Amendment No. 2) Regulation 1988 and shall come into force on 19th May 1988.
2
For Schedule 2 to the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984 (meaning of “accommodation for residential care”, “mentally disordered person” and “pensionable age”) there shall be substituted the Schedule to these Regulations.
3
Nothing in regulation 2 above shall affect the status as accommodation for residential care of a dwelling which, before the coming into force of the Regulations would have qualified as accommodation for residential care, if it is occupied by a person who, immediately before the coming into force of these Regulations, was licensed by a television licence for accommodation for residential care; and accordingly such a dwelling shall be deemed to be accommodation for residential care for as long as it is occupied by such a person.
4
For the entry numbered 7 in Schedule 3 to the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984 (issue fees for television receiving licences) there shall be substituted the following:
Type of Licence Description of Licence Issue Fee
7
Television Licence (including colour) Accommodation for Residential Care Composite Form.
A licence to instal and use black and white or colour television receiving apparatus at such parts of accommodation for residential care described therein as consist of living rooms or bedrooms provided for the private occupation of residents in that accommodation. In the case of the accommodation described in paragraphs 1(a), 2(a), 3(a), 4, 5(a) and 6(a) of Schedule 2, £5 for each unit of accommodation occupied by a resident; and in the case of the accommodation described in paragraph 1(b), 2(b), 3(b), 5(b) and 6(b) of that Schedule, £5 for each dwelling.
Home Office 18th May 1988
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
We consent to these Regulations 18th May 1988
Peter Lloyd
Mark Lennox-Boyd
Two of the Commissioners of Her Majesty’s Treasury


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) (No. 3) Order 1988 and shall come into force on 6th October 1988.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 10.75per cent. per annum.
TABLE
Section 8 of the Finance (No. 2) Act 1947 (unpaid profits tax, excess profits tax and excess profits levy) Paragraph 10(1) of Schedule 7 to the Finance Act 1960 (unpaid profits tax recovered to make good loss due to taxpayer’s fault) Sections 86 , 86A , 87 and 88 of the Taxes Management Act 1970 (unpaid income tax, surtax, capital gains tax, corporation tax, including advance corporation tax, development land tax, and overpaid development land tax) Paragraph 15(1) of Schedule 2 to the Oil Taxation Act 1975 (unpaid petroleum revenue tax)
3
The prescribed rate of interest for the purposes of section 47(1) of the Finance (No. 2) Act 1975 and sections 824(1) and 825(2) of the Income and Corporation Taxes Act 1988 (supplement in respect of repayments of certain taxes) shall be 10.75 per cent. per annum.
Alan Howarth
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 1988


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Venezuela) Order 1988.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Shipping and Air Transport Profits) (Venezuela) Order 1979 , have been made with the Government of the Republic of Venezuela, with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Venezuela; and
b
that it is expedient that those arrangements should have effect.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Wireless Telegraphy Apparatus (Approval) (Test Fees) Order 1988 and shall come into force on 12th December 1988.
Interpretation
2
In this Order,“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
Application
3
This Order applies to the charging of fees in respect of the testing of apparatus to MPT Performance Specifications conducted in the exercise of the Secretary of State’s functions under section 84 of the Act for the purpose of the determination of an application for approval under that section.
Test fees
4
Schedule 1 shall have effect for the purposes of setting the scale of test charges applicable to the charging of fees pursuant to this Order and the points on that scale, and“scale” and“point” shall be construed accordingly.
5
The fee to be charged in respect of the testing of each description of apparatus listed in Column 1 of Schedule 2 to any one MPT Performance Specification, or any one combination of MPT Performance Specifications, as the case may be, specified in relation to that description of apparatus in Column 2 shall be the sum of —
a
the test charge at the point on the scale specified in relation to such testing in Column 3; and
b
an amount equal to the amount of value added tax payable by the Secretary of State in respect of such testing.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Trade and Industry
7th November 1988


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) Regulations 1988 and shall come into force on 15th January 1989.
2
In these Regulations —
“assisted” has the same meaning as in section 114(2)(b) of the Education Act 1944 ;
“further education” means —
full-time and part-time education for persons over compulsory school age (including vocational, social, physical and recreational training); and
organised leisure-time occupation provided in connection with the provision of such education;
but does not include higher education;
“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;
“publicly funded” shall mean that the relevant institution is —
provided or assisted by a local education authority;
in receipt of grant under regulations made under section 100(1)(b) of the Education Act 1944 ; or
within the PCFC funding sector by virtue of section 132 of the Education Reform Act 1988; and
“the relevant enactments” means section 8 of the Rent Act 1977 and paragraph 8 of Schedule 1 to the Housing Act 1988 (lettings to students).
3
The following institutions are hereby specified as educational institutions for the purposes of the relevant enactments, that is to say —
a
any university or university college and any constituent college, school or hall or other institution of a university;
b
any other institution which provides further education or higher education or both and which is publicly funded;
c
the David Game Tutorial College, London.
4
The following bodies of persons (whether unincorporated or bodies corporate) are hereby specified as bodies for the purposes of the relevant enactments, that is to say —
a
the governing body of any educational institution specified in Regulation 3 above;
b
the body, other than a local education authority, providing any such educational institution, and
c
a body listed in the Schedule to these Regulations.
5
The Protected Tenancies (Exceptions) Regulations 1986 and the Protected Tenancies (Exceptions) (Amendment) Regulations 1988 are hereby revoked.


text:
Title and commencement
1
This Order may be cited as the River Tummel Catchment Area Protection (Renewal) Order 1988 and shall come into force on 7th October 1988.
Interpretation
2
In this Order —
“the 1983 Order ” means the River Tummel Catchment Area Protection Order 1983( );
“the 1986 Order ” means the River Tummel Catchment Area Protection (Renewal) Order 1986( ).
Renewal of Order
3
The 1986 Order is hereby renewed.
Prohibition
4
During the period from 7th October 1988 to 6th October 1991, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1983 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
T J Kelly
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
6th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contribution Conditions for Unemployment and Sickness Benefit) Transitional Regulations 1988 and shall come into force on 2nd October 1988.
2
In these Regulations —
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1988 Act ” means the Social Security Act 1988;
“day of unemployment”,“day of incapacity for work” and“period of interruption of employment” shall be construed in accordance with section 17 of the 1975 Act.
Transitional provisions for unemployment and sickness benefit and statutory sick pay
2
1
Where after 1st October 1988 a person has a day of unemployment and that day falls within a period of interruption of employment which began before 2nd October 1988, Schedule 3 to the 1975 Act shall continue to apply to him as though the amendments made to it by section 6 of the 1988 Act (contribution conditions for short-term benefits) had not been enacted until either the day immediately following the last day of that period of interruption of employment or 1st October 1989, whichever is the earlier.
2
Where after 1st October 1988 a person has a day of incapacity for work and that day falls within a period of interruption of employment which began before 2nd October 1988, Schedule 3 to the 1975 Act shall continue to apply to him as though the amendments made to it by section 6 of the 1988 Act had not been enacted, until —
a
where that period of interruption of employment ends before 2nd October 1989, the day immediately following the last day of that period,
b
where that period of interruption of employment continues after 1st October 1989 —
i
the day on which entitlement to invalidity pension begins, or
ii
the first day after 1st October 1989, not being a day referred to in section 17(1)(e) of the 1975 Act, which is not a day of incapacity for work,
whichever is the earlier.
3
Where after 1st October 1988 a person has a day of incapacity for work and that day falls within —
a
a period of interruption of employment, and
b
a period of 57 days immediately following the end of a period of entitlement to statutory sick pay which contained at least one day of incapacity for work which fell before 2nd October 1988,Schedule 3 to the 1975 Act shall continue to apply to him as though the amendments made to it by section 6 of the 1988 Act had not been enacted until the day specified in the following paragraph.
4
The day referred to in the preceding paragraph is —
a
where that period of interruption of employment ends before 2nd October 1989, the day immediately following the last day of that period,
b
where the period of interruption of employment continues after 1st October 1989 —
i
the day on which entitlement to invalidity pension begins, or
ii
the first day after 1st October 1989, not being a day referred to in section 17(1)(e) of the 1975 Act, which is not a day of incapacity for work,whichever is the earlier.
John Moore
Secretary of State for Social Security
29th July 1988


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 a special road along the route described in the Schedule to this scheme.
2
The centre line of the special road is indicated by a heavy black line on the deposited plan.
3
The special road shall become a trunk road on the date when this scheme comes into operation.
4
In this Scheme: —
1
all measurements of distance are measured along the route of the special road;
2
i
“the deposited plan” means the plan numbered HA16/1 CNW 247 marked “The M53 Motorway (Southern Terminal Roundabout Section) Scheme 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the special road” means the special road which the Secretary of State is authorised by this scheme to provide.
5
This Scheme shall come into force on 25th February 1988, and may be cited as the M53 Motorway (Southern Terminal Roundabout Section) Scheme 1988.
Signed by authority of the Secretary of State
F Kendall
Regional Director North West Region
Department of Transport
15th January 1988


text:
Citation and commencement
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (Foreign Loan Interest) Regulations 1988 and shall come into force on 29th February 1988 but shall apply in accordance with regulation 6.
Interpretation
2
In these Regulations unless the context otherwise requires —
“interbank market” and “relevant interbank market” have the same meaning as in regulation 4;
“interest period” has the meaning given to it by regulation 5;
“loan” means a loan in respect of which —
foreign loan interest is payable, (b) the lender is entitled in accordance with Chapter II of Part XVIII of the Income and Corporation Taxes Act 1970 to credit for foreign tax chargeable on or by reference to the foreign loan interest, and (c) the amount of the lender’s financial expenditure is not readily ascertainable;
“loan agreement” means, in relation to a loan, any agreement in pursuance the loan is made;
“subsection (5B)” means subsection (5B) of section 65 of the Finance Act 1982 .
Determination of just and reasonable sums attributable to the financing of loans — matters to be taken into account
3
1
This regulation specifies, for the purposes of supplementing subsection (5B), matters to be taken into account in determining such sum as it is just and reasonable to attribute to the financing of a loan in circumstances where the amount of the lender’s financial expenditure in relation to the loan is not readily ascertainable.
2
Paragraph (3) below applies where the rate of interest payable on a loan is, in pursuance of the loan agreement, to be determined in respect of each interest period applicable to the loan by reference to the rate at which deposits are offered in an interbank market having regard to
a
the amount of principal outstanding on the loan during the interest period, (b) the currency in which the loan is denominated, and (c) the length of the interest period.
3
Where this paragraph applies, there shall be taken into account the interbank bid rates, determined in accordance with regulation 4, which correspond to each of the offered rates referred to in paragraph (2) above, by reference to which the rate of interest payable on the loan is at any time to be determined, having regard to each of the factors set out in that paragraph.
4
Where, in relation to a loan —
a
the interest rate is not determined under the loan agreement by reference to rates at which deposits are offered in an interbank market, or (b) it would be impracticable to establish the bid rates corresponding to the rates at which deposits are offered in the interbank market in question,
there shall be taken into account such amount as would, when deducted from the interest payable on the loan in any interest period, provide the lender with a margin no greater than would be usual in the case of loans of that description.
5
Where a lender establishes to the satisfaction of the inspector that if, in relation to all loans made by him on which interest arose in any chargeable period, the interbank bid rates referred to in paragraph (3) above and the amounts referred to in paragraph (4) above (or, where such loans fell exclusively within either paragraph (3) above or paragraph (4) above, the said bid rates or the said amounts as the case may be) were taken into account in determining the sums attributable to his financial expenditure, the sums so attributable would be greater than the total amount of the expenditure incurred in financing those loans, then, in that chargeable period only and only if in all the circumstances it is reasonable to do so, there shall be taken into account the apportioned financing cost of the loan determined in accordance with paragraph (6) below.
6
In determining the apportioned financing cost of a loan, regard is to be had to the cost to the lender in the chargeable period in question of obtaining funds for purposes which include the making of loans in that period, to the terms on which the loan was made and to any other relevant matters.
Determination of interbank bid rates of interest
4
1
Where the interbank bid rates referred to in regulation 3(3) are to be taken into account in determining such a just and reasonable attribution as is referred to in subsection (5B), those bid rates shall be taken to be the average of the bids that would be made in relation to each interest period applicable to the loan in the relevant interbank market on terms corresponding to the terms of the loan.
2
In this regulation “interbank market” means the market that exists between banks in a particular place for the purpose of borrowing and lending funds and dealing in currencies; and “the relevant interbank market” means the interbank market which is most appropriate in relation to a loan having regard to all the terms on which it was made.
Definition of interest period
5
For the purposes of these Regulations, an interest period in relation to a loan is —
a
any period specified in the loan agreement as a period for which interest is to be calculated, or, as the case may be, selected in accordance with that agreement by one of the parties thereto, beginning either on the date on which the loan was first made or on the expiry of the preceding interest period; or
b
where no such period is specified in the loan agreement, but interest is to be calculated under that agreement by reference to a period of at least 360 days, and is payable on two or more specified dates within that period, any period beginning immediately after one and ending on the next of those dates; or
c
in any other case, any period not exceeding one year which is appropriate in the circumstances of the loan.
Application of these Regulations
6
1
Subject to paragraph (2) below, these Regulations apply in relation to interest payable on or after 1st April 1987.
2
Where the loan on which interest is payable was made pursuant to an agreement entered into before 1st April 1987, these Regulations do not apply in relation to interest payable before 1st April 1989.
B Pollard
T J Painter
Two of the Commissioners of Inland Revenue
22nd January 1988


text:
1
This Order may be cited as the Criminal Justice Act (Commencement No. 2) Order 1988.
2
Subject to article 3 of this Order, the provisions of the Criminal Justice Act 1988 (hereinafter called “the Act”) referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 12th October 1988 (hereinafter called “the commencement date”).
3
1
Section 33 of the Act (evidence of persons under 14 in committal proceedings) shall not apply to proceedings before a magistrates' court acting as examining justices which began before the commencement date.
2
Section 34 of the Act (abolition of requirement of corroboration for unsworn evidence of children) shall not apply to proceedings before a magistrates' court acting as examining justices, or to a trial, which began before the commencement date.
3
Sections 37 and 39 of the Act (offences of taking motor vehicle or other conveyance without authority etc. , driving while disqualified, common assault and battery to be summary offences) shall not apply to any offence in respect of which before the commencement date it has been decided, in accordance with the provisions of sections 18 to 21 of the Magistrates' Courts Act 1980 , whether the accused is to be tried summarily or on indictment.
4
Appendix A to the Schedule to the Criminal Justice Act 1988 (Commencement No. 1) Order 1988 is hereby amended by the deletion of the reference to section 133 of the Magistrates' Courts Act 1980 .
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
29th September 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment Order 1988 and shall come into force on 1st June 1988.
2
In this Order “the principal Order” means the Food Protection (Emergency Prohibitions) Order 1988( ).
Designated incident
2
In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Amendment of the principal Order
3
1
In article 4 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which —
i
was moved from any place in accordance with a consent given on or after 11th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, and (ii) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
2
In article 5 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or after 11th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.
.
3
In article 6 of the principal Order for paragraph (2) there shall be substituted the following pargraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which —
i
was moved from any place in accordance with a consent given on or after 11th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
N E Sharp
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
31st May 1988


text:
Citation
1
This Order may be cited as the Social Security Act 1988 (Commencement No. 2) Order 1988.
Appointed day
2
The day appointed for the coming into force of the provisions of the Social Security Act 1988 specified below is 12th September 1988 —
a
section 4 (income support and child benefit);
b
Schedule 4, paragraphs 2 (employment and training) and 30 (overpayments), and section 16(1) so far as it relates to those paragraphs; and
c
the repeal in Schedule 5 of paragraph 45 of Schedule 10 to the Social Security Act 1986 , and section 16(2) so far as it relates to it.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
14th July 1988


text:
Citation and commencement
1
This Order may be cited as the Housing Defects (Expenditure Limits) Order 1988 and shall come into force on 31st May 1988.
Expenditure limits
2
The amount opposite each category of dwelling mentioned in the first column of the Schedule to this Order is hereby specified as the expenditure limit for that category for the purposes of section 543 of the Housing Act 1985.
Revocation
3
The Housing Defects (Expenditure Limits) Order 1986 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
3rd May 1988
Peter Walker
Secretary of State for Wales
3rd May 1988


text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) (No. 2) Regulations 1988 and shall come into force on 1st September 1988.
2
For regulation 3(1) of the Fire Services (Appointments and Promotion) Regulations 1978 there shall be substituted the following provision —
1
A person shall not be appointed to be a chief officer of a brigade unless —
a
he has —
i
served in the rank of Divisional Officer (Grade 1), or in a higher rank, as a member of a fire brigade maintained by a fire authority in Great Britain under the Fire Services Act 1947 or by the Fire Authority for Northern Ireland, and
ii
completed the Senior Officers' Course, the Senior Command Course or the Brigade Command Course at a training institution established and maintained by the Secretary of State under section 23(1)(a) of that Act, or
b
on 1st September 1988 he is serving, other than in a temporary or acting capacity, as the chief officer of a fire brigade maintained by —
i
a fire authority mentioned in sub-paragraph (a)(i) above,
ii
the States of Guernsey Island Police Committee,
iii
the States of Jersey Defence Committee, or
iv
the Isle of Man Department of Home Affairs.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
1st August 1988


text:
1
1
These Rules may be cited as the Prison (Amendment) Rules 1988 and shall come into force on 1st March 1988.
2
The Prison (Amendment No. 2) Rules 1987 are hereby revoked.
2
The Prison Rules 1964 shall be amended as follows —
a
in rule 21 paragraph (1) and the words “convicted” in paragraphs (2) and (3) shall be deleted;
b
in rule 22(1) the words “, or under Rule 21(1) of these Rules” shall be deleted; and
c
in rules 50(g) and 51(4)(g) the words
any of the following —
i
the right to be supplied with food and drink under Rule 21(1) of these Rules; and
ii
shall be deleted.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd January 1988


text:
Citation and commencement
1
This Order may be cited as the Local Government (Miscellaneous Provisions) Act 1982 (Repeal of Local Acts) Order 1988 and shall come into force on 1st May 1988.
Local Acts repealed
2
The local Acts specified in the Schedule to this Order are hereby repealed to the extent specified in the third column of that Schedule.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
19th January 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1975;
“the 1986 Act ” means the Social Security Act 1986;
“the up-rating order ” means the Social Security Benefits Up-rating ( No. 2) Order 1987 ;
and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Conditions relating to payment of additional benefit under awards made before the appointed or prescribed day
2
1
This regulation applies to a case where —
a
either —
i
an award of any benefit under Chapters 1 to III of Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a higher rate provided in or by virtue of the up-rating order, or
ii
an award of any benefit under Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a lower rate provided in or by virtue of the up-rating order;
b
the period to which the award relates has not ended before that day; and
c
the award does not, in accordance with the provisions of section 64(3) of the 1986 Act, provide for the payment of the benefit at a higher or lower rate (as the case may be) as from that day.
2
In a case to which this regulation applies, section 64(2) of the 1986 Act shall have effect subject to the condition that if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
the benefit shall, until the question has been determined in accordance with the provisions of the Act, be or continue to be payable at the weekly rate specified in paragraph (3).
3
The weekly rate referred to in paragraph (2) is the weekly rate specified in the award or the weekly rate at which the benefit would have been paid if the question had not arisen, whichever is the lower.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
4
Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) shall be further amended by the substitution in paragraph (3) for “£26.00” of “£27.00”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
Regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) shall be further amended by the substitution for “£1352.00” of “£1404.00”.
Earnings limit
6
The sums specified in paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) shall be increased from £85, £10, and £85 to £90, £11 and £90 respectively.
Revocation
7
The Social Security Benefits Up-rating Regulations 1987 are hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
7th March 1988


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Mostyn Docks Harbour Empowerment Order 1988 and shall come into force on 23rd September 1988.
Interpretation
2
In this Order, except where the context otherwise requires —
“the Company” means Mostyn Docks Limited;
“the dock estate” means the docks, quays, land and premises at any time belonging to, vested in or occupied by the Company and used, intended to be used or set aside for the purposes of the dock undertaking;
“the dock undertaking” means the undertaking of the Company at the harbour as authorised by this Order;
“the harbour” means the area mentioned in article 4 of this Order within which the Company shall exercise jurisdiction as a harbour authority;
“level of high water” means the level of mean high-water springs;
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Company situated at Mostyn Docks, Mostyn, Holywell, Clwyd, CH8 9HE;
“special direction” means a direction given under article 6 of this Order;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“vessel” means a ship, boat or raft of any description, including a hovercraft within the meaning of the Hovercraft Act 1968 or any other amphibious vehicle or a seaplane and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily).
Incorporation of Harbours, Docks, and Piers Clauses Act 1847
3
1
The Harbours, Docks, and Piers Clauses Act 1847 (except sections 6 to 21, 24, 25, 31, the proviso to section 32, sections 42, 48 to 50 and 83 to 90), so far as applicable to the purposes of and not inconsistent with the provisions of this Order, is hereby incorporated with this Order subject to the following modifications, that is to say: —
a
section 23 shall be read and have effect as if the words “provided that no such lease be granted for a longer term than three years” were omitted;
b
section 63 shall be read and have effect as if for the words from “liable to” to the end of the section there were substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100”; and
c
section 69 shall be read and have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding £400”.
2
In construing the provisions so applied the expression “the special Act ” means this Order.
PART II
LIMITS OF JURISDICTION
Limits of jurisdiction
4
The area within which the Company shall exercise jurisdiction as a harbour authority and within which the powers of the harbour master shall be exercised shall comprise the dock estate, together with so much of the Dee Estuary below the level of high water as is shown coloured pink on the signed plan, being an area within the following imaginary straight lines: —
a
a line from a point at 53°19.25'N, 3°16.23'W to a point at 53°19.72'N, 3°15.72'W;
b
a line from that point to a point at 53°19.40'N, 3°15.05'W;
c
a line from that point to a point at 53°19.13'N, 3°16.47'W.
PART III
BYELAWS
Byelaws as to harbour
5
1
Subject to the provisions of this Order, the Company may make byelaws for the good rule and government of the harbour and, without prejudice to the generality of the foregoing, the Company may make byelaws applicable within all or any part of the harbour for all or any of the following purposes: —
a
for the purposes specified in section 83 of the Harbours, Docks, and Piers Clauses Act 1847;
b
for regulating the use of any works and facilities provided by the Company;
c
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
d
for regulating the conduct of all persons in the harbour, not being —
i
members of a police force;
ii
officers or servants of the Crown;
iii
members of a fire brigade acting in pursuance of the Fire Services Act 1947 ; or
iv
officers of the Welsh Water Authority;
whilst in the exercise of their duties as such;
e
for regulating the placing, maintenance and use of moorings;
f
for preventing and removing obstructions or impediments within the harbour;
g
for regulating the launching of vessels within the harbour;
h
for regulating or prohibiting the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Company considers involves a risk of fire;
i
for prohibiting persons from smoking in the harbour;
j
for prohibiting the use of or regulating the movement, speed and parking of vehicles within the harbour;
k
for requiring the use of effectual silencers on vessels in the harbour;
l
for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
m
for regulating the embarkation of persons into, or their disembarkation from, vessels within the harbour;
n
for prescribing the lights and signals to be exhibited or made —
i
by vessels aground within the harbour;
ii
by vessels used for marking obstructions within the harbour; and
iii
at the entrance to any dock or at any wharf, pier or other work for assisting the navigation of vessels within the harbour;
o
for prohibiting or regulating the discharge into the harbour of any material or substance;
p
for regulating fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf or other installation or structure of any kind within the harbour;
q
for regulating or prohibiting bathing, and for securing the protection of bathers, within the harbour;
r
for regulating or prohibiting the use by vehicles of the foreshore within the harbour; and
s
for imposing upon any person contravening or failing to comply with any byelaw under this article a fine not exceeding £400, recoverable on summary conviction.
2
In this article “signals” includes sound signals.
3
Byelaws under this article —
a
may make different provision in relation to different classes of vessels; and
b
may otherwise make different provision for different circumstances.
4
Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Company under this article as if the Company were a local authority and the secretary of the Company were a proper officer of a local authority; and as if, in subsection (7) of section 236 of that Act, after the words “the confirming authority may confirm” there were inserted the words “with or without modifications” and, at the end of that subsection there were added the following proviso: —
Provided that where the Secretary of State proposes to make a modification to a byelaw which appears to him to be substantial he shall inform the Company and require it to take any steps which he considers to be necessary for informing persons likely to be concerned with the modification; and he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the consideration of, and comment upon, the proposed modification by the Company and by any other persons who have, or are likely to have, been informed of it.
.
PART IV
SPECIAL DIRECTIONS
Special directions
6
1
The harbour master may give a special direction in respect of a vessel anywhere in the harbour for any of the following purposes: —
a
regulating or requiring the movement, berthing, mooring or unmooring of the vessel;
b
specifying the precautions to be taken in respect of apparatus, machinery and equipment;
c
as to the use of the motive power of the vessel;
d
prohibiting or restricting the use of fires or lights;
e
regulating the loading, discharging, storing and safeguarding of cargo, fuel, water or stores, and the dispatch of the business of the vessel at the dock estate;
f
as to the use of ballast;
g
requiring the removal of the vessel from any part of the harbour if —
i
it is on fire;
ii
it is in such condition as to be liable to become immobilised or waterlogged, to sink, or to constitute a danger to life or property;
iii
it is making an unlawful use of the dock estate;
iv
it is interfering with the use of the dock estate by other vessels, or otherwise interfering with the proper use of the dock estate or the dispatch of business thereat;
v
its removal is necessary to enable maintenance or repair work to be carried out to the dock estate;
and requiring its removal outside the harbour if such removal is considered by the harbour master to be necessary in order to avoid danger to life (including wildlife) or to property.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
Failure to comply with special directions
7
The master of a vessel who without reasonable excuse fails to comply with a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
Enforcement of special directions
8
1
Without prejudice to any other remedy available to the Company, if a special direction is not complied with within a reasonable time, the harbour master may put persons aboard the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no-one on board a vessel to attend to a special direction, the harbour master may proceed as if the direction had been given and not complied with:
Provided that the powers of this paragraph shall not be exercised —
a
in relation to a vessel other than a lighter unless, after reasonable inquiry has been made, the master cannot be found; or
b
in relation to a lighter unless it is obstructing or interfering with navigation.
3
Expenses incurred by the Company in the exercise of the powers conferred by paragraph (1) above shall be recoverable by them as if they were a charge of the Company in respect of the vessel.
Master’s responsibility in relation to special directions
9
The giving of a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, to persons on board the vessel, to the cargo or any other person or property.
PART V
POWERS OF COMPANY
Subsidiaries
10
The Company may enter into arrangements with any of its subsidiaries for the transfer to that subsidiary from the Company or any of its other subsidiaries in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of the Company, or, as the case may be, that other subsidiary, relating to the dock undertaking:
Provided that, in the case of a transfer of the whole or any part of the dock undertaking, the transferees shall be subject to all the restrictions, liabilities and obligations in respect of the dock undertaking or that part (as the case may be) which the Company or other transferors are subject and shall perform all the duties of the Company or those transferors under this Order in respect of the dock undertaking or that part.
Power to make charges
11
1
Subject to paragraph (2) below, the Company may make such reasonable charges as it thinks fit for services and facilities provided by it or its subsidiaries in connection with the dock undertaking.
2
Paragraph (1) above does not authorise the levying of ship, passenger or goods dues within the meaning of the Harbours Act 1964.
3
Nothing in this article shall affect any power of the Company to demand, take or recover charges which it has under or by virtue of any enactment or rule of law.
Use of dock undertaking
12
The Company may appropriate and set apart any part of the dock undertaking for the exclusive use of any particular vessel or class of vessel.
Power to remove goods
13
1
If any goods are left on or in any part of the dock undertaking the Company may require the owner to remove them and if the goods are not so removed within six hours after the requirement has been made the Company may cause the goods to be removed to its own or any other public warehouse or store.
2
Any such removal shall be carried out at the expense and risk of the owner of the goods.
3
Notwithstanding any such removal on behalf of the Company, the goods shall be liable to a general lien for the cost of removal, and for any charges payable to the Company by the owner.
4
The power of the Company to prevent the recovery of the goods until the cost of removal and the charges have been paid shall extend and apply to any goods removed or placed in store under this article.
Restriction on levying ship, passenger and goods dues
14
The Company shall not have power to levy charges of any of the kinds mentioned in paragraphs (a), (b) and (c) of the definition of “ship, passenger and goods dues” in section 57 of the Harbours Act 1964 where the vessel in question is of less than 50 gross registered tonnes, or under 24 metres in length, except to the extent that use is made of the dock estate in respect of the vessel, its passengers or cargo.
PART VI
MISCELLANEOUS AND GENERAL
Obstruction of officers
15
Any person who —
a
intentionally obstructs an officer of the Company acting in pursuance of this Order; or
b
without reasonable excuse fails to comply with a requirement properly made by such an officer; or
c
without reasonable excuse fails to give such an officer any information which he may reasonably require for the purpose of the performance of his functions; or
d
in giving such information makes a statement which he knows to be false;
shall be liable on summary conviction to a fine not exceeding £400.
Crown rights
16
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that department.
2
Consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Saving for Trinity House
17
None of the provisions of this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House.
Saving for The Mersey Docks and Harbour Company
18
None of the provisions of this Order shall prejudice or affect the exercise by The Mersey Docks and Harbour Company of any of its rights, powers, duties or privileges.
Saving for Welsh Water Authority
19
None of the provisions of this Order shall prejudice or affect the exercise by the Welsh Water Authority of any of their rights, powers, duties or privileges; and without prejudice to the generality of the foregoing, nothing in this Order shall affect the operation of any byelaws made by the Authority under section 34 of the Land Drainage Act 1976 .
Repeal of Mostyn Dock Order 1889
20
The Mostyn Dock Order 1889 and the Schedule thereto are hereby repealed.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
22 September 1988


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1988 and shall come into force on 27th June 1988.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the provisions of these Regulations.
3
In paragraph 3 of regulation 18 (Appointments for tests and notice of cancellation thereof), for the word“three” there shall be substituted the word“ten”.
4
In regulation 19 (Fees in respect of tests) —
a
in paragraph 3(b) for“£15.00” there shall be substituted“£16.50”,
b
in paragraph (5) for“£14.40” there shall be substituted“£16.50”.
5
Regulation 3 of these Regulations shall not apply in respect of the cancellation of an appointment made before 27th June 1988.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
27th May 1988
We approve the making of regulation 4 of these Regulations.
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
17th May 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit (General) Amendment Regulations 1988 and shall come into force as follows —
a
regulations 1, 2, 3, 5, 7 and 8, on 5th August 1988; and
b
regulations 4 and 6, on 12th September 1988.
2
In these Regulations“the principal Regulations ” means the Child Benefit (General) Regulations 1976 .
Amendment of regulation 1(2) of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) the following definitions shall be inserted after the definition of“full-time education” —
“remunerative work” means work of not less than 24 hours a week —
in respect of which payment is made; or
which is done in expectation of payment;
“youth training scheme” means —
arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State);
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces); or
for the purposes of the application of Council Regulation ( EEC ) No. 1408/71 , any corresponding provisions operated in another member State,
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.
Amendment of regulation 6(2) of the principal Regulations
3
In regulation 6(2) of the principal Regulations (interruption of full-time education) for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
provision is made for the training of that person, and for an allowance to be payable to that person, under the youth training scheme; or
.
Amendment of regulation 7(3) of the principal Regulations
4
In regulation 7(3) of the principal Regulations (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child for the words“full-time in gainful employment” there shall be substituted the words“in remunerative work”.
Substitution of regulation 7B of the principal Regulations
5
The following regulation shall be substituted for regulation 7B of the principal Regulations (child receiving financial support under the Employment and Training Act 1973) —
Child receiving training under the youth training scheme
7B
Child benefit shall not be payable by virtue of section 2(1)(b) of the Act in respect of a child aged 16 or over for any week —
a
in which training for that child is being provided under the youth training scheme; and
b
in respect of which an allowance may be paid under that scheme to that child.
.
Insertion of regulation 7D into the principal Regulations
6
The following regulation shall be inserted after regulation 7C of the principal Regulations (child receiving income support) —
Circumstances in which a person who has ceased to receive full-time education is to be treated as a child
7D
1
For the purposes of section 2(1)(aa) of the Act, in relation to a person under the age of 18 who is not receiving full-time education, the prescribed conditions are —
a
that person is registered for work or for training under the youth training scheme with —
i
the Department of Employment;
ii
the Ministry of Defence;
iii
in England and Wales, a local education authority within the meaning of section 114(1) of the Education Act 1944 (interpretation);
iv
in Scotland, an education authority within the meaning of section 135(1) of the Education (Scotland) Act 1980 (interpretation); or
v
for the purposes of applying Council Regulation (EEC) No. 1408/71 , any corresponding body in another member State;
b
that person is not engaged in remunerative work;
c
the extension period which applies in the case of that person has not expired;
d
immediately before the extension period begins, the person who is responsible for him is entitled to benefit in respect of him without regard to this regulation; and
e
the person who is responsible for him has made a written request to the Department for the payment of benefit during the extension period.
2
For the purposes of paragraph (1)(c), (d) and (e), the extension period —
a
begins on the first day of the week in which benefit would cease to be payable in respect of a person but for this regulation; and
b
where a person ceases to be treated as a child by virtue of section 2(1)(a) of the Act (meaning of child) or regulation 7 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) —
i
on or after the first Monday in September, but before the first Monday in January of the following year, ends on the last day of the week which falls immediately before the week which includes the first Monday in January in that year;
ii
on or after the first Monday in January but before the Monday following Easter Monday in that year, ends on the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;
iii
at any other time of the year, ends on the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year.
3
Child benefit shall not be payable by virtue of section 2(1)(aa) of the Act in respect of a child aged 16 or over for any week in which —
a
he is engaged in training under the youth training scheme; or
b
he is entitled to income support.
.
Insertion of regulation 14A into the principal Regulations
7
After regulation 14 of the principal Regulations (modification of priority provisions in Schedule 2 to the Act) there shall be inserted the following regulation —
Exception to section 6(3) of the Act
14A
1
A person shall not be disentitled to benefit in respect of a child for any week by virtue of the provisions of section 6(3) of the Act (persons not entitled to benefit for any week if benefit already paid for that week to another person, whether or not that other person was entitled to it) if in respect of that week —
a
the determining authority has decided that the Secretary of State shall be entitled to recover benefit which has already been paid in respect of that child from a person in consequence of his misrepresentation of, or his failure to disclose, any material fact and, where that determining authority is one from whose decision an appeal lies, the time for appealing has expired and no appeal has been made; or
b
the benefit already paid to the other person has been voluntarily repaid to, or recovered by, the Department in a case where the determining authority either —
i
has decided on review that while there was no entitlement to benefit it is not recoverable, or
ii
has decided on review that there was no entitlement to benefit but has made no decision as to its recoverability.
2
In this regulation“determining authority” means, as the case may require, the Chief or any other adjudication officer, a social security appeal tribunal, the Chief or any other Social Security Commissioner or a tribunal of three such Commissioners constituted in accordance with section 116 of the Social Security Act 1975 as applied to appeals concerning child benefit by section 52(3) and (6) of the Social Security act 1986 .
.
Revocation
8
The Child Benefit (Claims and Payments) Regulations 1984 in so far as they are in force are hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
15th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Incentive Payments) Amendment Regulations 1988 and shall come into force on 26th January 1989.
Amendment of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987
2
Regulation 3 of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987 shall be amended as follows —
a
in paragraph (2)(b) after the words “the identity of the employer, or” there shall be inserted the words “, subject to paragraph (2A),”; and
b
after paragraph (2) there shall be inserted the following paragraph —
2A
For the purposes of paragraph (2)(b) the employment of the earner in question is distinguishable from the employment mentioned in paragraph (2)(a) if —
a
throughout the period beginning on 6th April 1988 and ending on the last day of the last tax week in respect of which the payment is claimed it is a condition for admission to membership of the scheme other than the scheme in question that the earner has attained a minimum age or completed a minimum period of service, or both, and on 6th April 1988 the earner in question had not attained that age or completed that period of service; and
b
membership of the scheme in question is open only to earners who do not satisfy that condition or those conditions.
.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
20th December 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund (Applications) Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“appropriate office” means an office of the Department of Health and Social Security.
Form and manner in which an application is to be made
2
1
Every application for a payment out of the social fund under section 32(2)(b) of the Act (payment to meet needs other than in prescribed circumstances) shall be made in writing, on a form approved by the Secretary of State and completed in accordance with the instructions on that form, or in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case.
2
Forms of application shall be supplied, without charge, by such persons as the Secretary of State may appoint or authorise for that purpose.
3
Every application shall be delivered or sent to an appropriate office.
4
Where an application is to be made on behalf of a person, that person shall signify in writing his consent to the application being made on his behalf unless the person making the application is a person appointed by the Secretary of State under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987 to act on the beneficiary’s behalf.
5
Where it appears to the Secretary of State that an application which has been submitted is incomplete in that —
a
the form approved has been used but it has not been completed in accordance with the instructions given on that form, the Secretary of State may return the form to the person making the application for proper completion by him; or
b
it contains insufficient particulars to enable any material question to be determined, the Secretary of State may request that person to furnish in writing or by attendance at the appropriate office such further particulars as may reasonably be required to complete the application.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minster of State,
Department of Health and Social Security
16th March 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas Designation (England) (Amendment) Order 1988 and shall come into force on 1st March 1988.
2
In this Order “the principal Orders” means the statutory instruments set out in the Schedule to this Order.Amendment of principal Orders
2
The principal Orders shall each be amended in accordance with articles 3 and 4 below.
3
In article 2(1) (interpretation) there shall be inserted immediately after the definition of “chalk downland”, where that definition appears, or immediately after the definition of “agreement”, where it does not, the following definition:
“cow” means a female bovine animal which has calved at least twice;
.
4
In article 2(1) (interpretation) there shall be substituted for the definition of “livestock unit” the following definition:
“livestock unit” means —
1 cow, or
1.4 bovine animals (other than cows) more than 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;
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
We consent,
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1988


text:
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Collective Investment Schemes) (Jersey) Order 1988 and shall come into force on 1988.
2
The Bailiwick of Jersey is designated for the purposes of section 87 of the Financial Services Act 1986 in respect of any collective investment scheme managed in and authorised under the law of the Bailiwick which is a scheme of a class specified in the Schedule to this Order.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
8th December 1988


text:
1
This Order may be cited as the London Government Reorganisation (Property) Order 1988 and shall come into force on 25th August 1988.
2
The property described in Schedule 1 to this Order shall vest in the Inner London Education Authority.
3
The property described in Schedule 2 to this Order shall vest in the council of the London borough in which it is situated.
4
All rights and liabilities of the London Residuary Body acquired or incurred exclusively in connection with any property transferred by this Order shall vest in the body to which such property is transferred.
Nicholas Ridley
Secretary of State for the Environment
27th July 1988


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Turkey) Order 1988.
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in the Schedule to this Order have been made with the Government of the Republic of Turkey with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Turkey;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Turkey concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasiOn with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
G I de Deney
Clerk Of the Privy COuncil


text:
1
1
These Regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations 1988.
2
Regulation 6 of these Regulations shall come into force on 1st April 1988 and all other regulations shall come into force on 11th April 1988.
3
In these Regulations, a regulation or Schedule referred to by number means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations (No.2) 1980 .
2
Regulation 3 shall be amended as follows —
a
after the definition of “extension”, there shall be inserted the following definition —
“family credit” means family credit under the Social Security Act 1986 ;
;
b
after the definition of “fund”, there shall be inserted the following definition —
“income support” means income support under the Social Security Act 1986;
.
3
For regulation 5(2), there shall be substituted the following —
2
Except where regulation 7A or regulation 19A apply, the client shall furnish the solicitor with the information necessary to enable the solicitor to determine —
a
his disposable capital,
b
where appropriate, whether he is in receipt of supplementary benefit, income support or family credit, and
c
his disposable income.
.
4
For regulation 6(2), there shall be substituted the following —
2
The person so authorised shall furnish the solicitor with the information necessary to enable the solicitor to determine —
a
the client’s disposable capital,
b
where appropriate, whether the client is in receipt of supplementary benefit, income support or family credit, and
c
the client’s disposable income.
.
5
For regulation 7(2), there shall be substituted the following —
2
Where the solicitor is satisfied that any of the persons whose disposable incomes are to be determined under paragraph (1) is in receipt of supplementary benefit, income support or family credit, he shall not determine that person’s disposable income.
.
6
For regulation 7B, there shall be substituted the following —
Limits on advice and assistance under regulation 7A
7B
The cost of advice and assistance given to a client who has been arrested and held in custody or who is a volunteer except in connection with an arrestable offence shall not exceed the limit imposed by virtue of section 3(2) of the Act .
.
7
Paragraph 4 of Schedule 2 shall be amended by substituting, for the words “section 17 of the Supplementary Benefits Act 1976” , the words “section 26(3) and (4) of the Social Security Act 1986”.
8
After paragraph 7 of Schedule 2, there shall be inserted the following new paragraph —
7A
In computing the capital of the person concerned where that person is (directly or indirectly) in receipt of income support and assistance by way of representation is to be given, there shall also be left out of account any sum which exceeds the sum for the time being specified in section 1(1) of the Act in relation to assistance by way of representation .
.
9
For paragraph 8(b)(ii) of Schedule 2, there shall be substituted the following —
ii
in the case of a dependent child or a dependent relative, at a rate equivalent to 25 per cent above the amount specified for the time being in paragraph 2 of Part I of Schedule 2 to the Income Support (General) Regulations 1987 appropriate to the age of the child or relative.
.
10
In paragraph 2(d) of Schedule 4, for the words “or section 18 of the Supplementary Benefits Act 1976;”, there shall be substituted the words “, section 18 of the Supplementary Benefits Act 1976 or section 24 of the Social Security Act 1986;”.
11
For paragraph (e) of Schedule 5, there shall be substituted the following —
dd
any payment made out of the social fund under section 32 of the Social Security Act 1986;
e
supplementary benefit, family income supplement, income support, family credit and benefit payable under the Child Benefit Act 1975 ;
.
12
For paragraph (g) of Schedule 5, there shall be substituted the following —
g
any rebate or allowance under Part II of the Social Security and Housing Benefits Act 1982 or housing benefit under the Social Security Act 1986;
.
Mackay of Clashfern, C.
Dated 8th March 1988
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1988