text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1988 and shall come into force on 14th April 1988.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“apportioned machair” means common machair land which has been apportioned by the Crofters Commission for the exclusive use of a particular crofter under the provisions of section 27(7) of the Crofters (Scotland) Act 1955;( )
“common grazings committee” means a committee appointed under section 24(1) or (3) of the Crofters (Scotland) Act 1955;
“conservation plan” means a layout plan of the land included in the agreement and an attached statement identifying relevant conservation features and setting out, as appropriate, details of how the requirements in the agreement will be implemented;
“cow” means a female bovine animal which has calved at least twice;
“croft” has the same meaning as in section 3(1) of the Crofters (Scotland) Act 1955( );
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State;
“inbye land” means enclosed fields near the croft or farm buildings;
“land based improvement works” means sub-soiling, drainage, cultivation, fertilising and reseeding;
“livestock unit” means —
1 cow, or
1.25 bovine animals (other than cows) over two years old, or
1.6 bovine animals (other than cows) from one year old to two years old inclusive, or
2.5 bovine animals less than one year old, or
6.66 sheep;
“machair” means sandy plains formed when calcareous shell-sand has been blown over glacial deposits and peat;
“rotational pattern of cultivation” means a pattern of temporary and changing cultivation of unfenced strips within the wider area of the common machair;
“seasonal grazing period” means a period of grazing of the common machair during late autumn, winter and early spring between dates determined from time to time by the common grazings committee in accordance with the grazings regulations of the appropriate township;
“traditional share of the common machair” means that portion of the common machair which has been allocated over time to individual crofters or farmers for cropping purposes by the common grazings committee;
“under-sowing” means the sowing of a cereal crop with a grass seed mixture for grazing and cultivation in subsequent seasons;
“unimproved machair” means machair which has not been re-seeded and is still used in a rotational pattern of cultivation;
“wetland” means any ground which is normally saturated with water.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area that area of land in the Western Isles known as the machair of the Uists and Benbecula, Barra and Vatersay and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area-Machair of the Uists and Benbecula, Barra and Vatersay” dated 2nd March 1988 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh.
Requirements to be included in agreement
4
1
An agreement with a crofter or farmer regarding his traditional share of the common machair shall include the requirements specified in Part I of the Schedule to this Order.
2
An agreement with a common grazings committee regarding land in the common machair shall include the requirements specified in Part II of the Schedule to this Order.
3
An agreement with a crofter or farmer regarding his inbye land or apportioned machair shall include the requirements specified in Part III of the Schedule to this Order.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that —
a
in the event of a breach by the crofter, farmer or common grazings committee of the requirements referred to in article 4, the Secretary of State may give the crofter, farmer or common grazings committee notice in writing terminating the agreement forthwith and may recover from the crofter, farmer or common grazings committee an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors.
Rates of payment under agreement
6
1
Subject to paragraphs (2) and (3) below, payments made by the Secretary of State under an agreement with any crofter or farmer regarding his traditional share of the common machair, inbye land or apportioned machair shall be at the following rates: —
a
£50 p er annum per hectare for the first 6 hectares of land;
b
£40 per annum per hectare for the next 4 hectares of land;
c
£30 per annum per hectare for the next 10 hectares of land;
d
£25 per annum per hectare for any remaining land.
2
The rates of payment under paragraph (1) above shall be subject to a maximum rate of £1,000 per annum for any one crofter or farmer.
3
Payments to a crofter or farmer with less than 6 hectares of land shall be at the rate of £300 per annum.
7
1
Subject to paragraphs (2) and (3) below, payments made by the Secretary of State under an agreement with a common grazings committee regarding the common machair shall be at the following rates: —
a
£10 per annum per hectare for the first 25 hectares of land;
b
£5 per annum per hectare for any remaining land.
2
The rates of payment under paragraph (1) above shall be subject to a maximum rate of £1,000 per annum for any one common grazings committee.
3
Payments to a common grazings committee with less than 10 hectares of land shall be at the rate of £250 per annum.
8
Where an agreement with a crofter or farmer regarding his inbye land or apportioned machair identifies in the conservation plan expenditure required to undertake additional agricultural operations as specified in paragraph 12 of Part III of the Schedule to this Order, the Secretary of State shall make additional payments according to the agricultural operations to be carried out. Such payments shall be either at a rate to be determined by the Secretary of State, up to a maximum rate of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £1,000 per annum per crofter or farmer, whichever is the lower.
9
Where an agreement with a common grazings committee identifies in the conservation plan expenditure required to undertake additional agricultural operations as specified in paragraph 6 of Part II of the Schedule to this Order, the Secretary of State shall make additional payments according to the agricultural operations to be carried out. Such payments shall be either at a rate to be determined by the Secretary of State, up to a maximum rate of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £1,000 per annum for each common grazings committee, whichever is the lower.
Sanderson of Bowden
Minister of State, Scottish Office,
New St Andrew’s House,
Edinburgh
2nd March 1988
We consent,
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Housing Act 1988 (Commencement No. 2) Order 1988.
2
The following provisions of the Housing Act 1988 shall come into force on 2nd January 1989 —
section 140(1) in so far as it relates to paragraphs 77, 78, 85 to 88 and 90 of Schedule 17,
section 140(2) in so far as it relates to the repeal by Schedule 18 of words in section 38 of the Housing (Scotland) Act 1988 .
3
The following provisions of the Housing Act 1988 shall come into force on 15th January 1989 —
section 49,
section 57,
section 59(1),
section 59(2) and (3) in so far as it relates to paragraphs 8(2), 25 and 26 (except paragraphs (b) and (c)) of Schedule 6 and, for the purposes only of section 59(1) of the Act and section 36A of the Housing Associations Act 1985 , paragraph 1 of that Schedule,
section 94,
section 106,
sections 111 to 114,
section 119, subject to the transitional provisions in paragraphs 2 and 3 of Schedule 1 to this Order,
section 140(1) in so far as it relates to paragraphs 1 to 16, 17(2), 18 to 37, 40, 42 to 65, 67 to 76 and 80 to 84 of Schedule 17, subject to the transitional provision for paragraph 21 in paragraph 1 of Schedule 1 to this Order,
section 140(2) in so far as it relates to the repeals in the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 , the Rent (Agriculture) Act 1976 , the Rent Act 1977 , the Protection from Eviction Act 1977 , the Housing Act 1980 , the Local Government Act 1985 , the Housing Act 1985 and to the repeals specified in Schedule 2 to this Order, subject, as the case may be, to the transitional provisions in that Schedule.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
8th December 1988


text:
1
This Order may be cited as the Service Charge Contributions (Authorised Investments) Order 1987 and shall come into force on 1st April 1989.
2
Any sums standing to the credit of any trust fund to which section 42 of the Landlord and Tenant Act 1987 applies may be —
a
deposited at interest with the Bank of England; or
b
deposited in the United Kingdom at interest with a person carrying on in the United Kingdom a deposit-taking business within the meaning of the Banking Act 1987 ; or
c
deposited at interest with, or invested in shares in, a building society within the meaning of the Building Societies Act 1986 .
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
25th July 1988


text:
Citation, interpretation and commencement
1
This Order, which may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1988, amends the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 (hereinafter referred to as “the principal Order”) and shall come into force on 16th December 1988.
Amendment of article 4 of the principal Order
2
In article 4 of the principal Order (medicinal products that are not prescription only) —
a
the following paragraph is inserted after paragraph (1A) —
1B
Notwithstanding Article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it consists of or contains the substance astemizole where —
a
it is for oral use;
b
it is not a sustained release preparation;
c
it is sold or supplied in a container or package containing not more than 100mg;
d
it is indicated only for the treatment of hay fever in adults or in children over the age of 12 years; and
e
its container or package is labelled to show a maximum daily dose of 10mg.
;
b
the following paragraph is substituted for paragraph (3) —
3
Notwithstanding Article 3(1)(d), any preparation of insulin for parenteral administration to human beings shall not be a prescription only medicine.
.
Insertion of article 11A into the principal Order
3
The following article is inserted after article 11 of the principal Order: —
Exemption in the case of a forged prescription
11A
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a pharmacist in accordance with a forged prescription where the pharmacist, having exercised all due diligence, believes on reasonable grounds that the prescription is genuine.
.
Amendment of Part I of Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in circumstances also listed) —
a
the following substances are inserted at the appropriate point in the alphabetical order of the substances listed in Column 1 —
Alclometasone Dipropionate
Astemizole
Auranofin
Buspirone Hydrochloride
Ciprofloxacin
Ciprofloxacin Hydrochloride
Clavulanic Acid
Danthron
Desogestrel
Disodium Etidronate
Etodolac
Gemeprost
Mesalazine
Metergoline
Mupirocin
Nabumetone
Nicardipine Hydrochloride
Potassium Clavulanate
Somatrem
Sulbactam Sodium
Thiabendazole
Trientine Dihydrochloride
Zidovudine
Zuclopenthixol Hydrochloride
;
b
the following substances in Column 1 are deleted —
Chlordiazepoxide Hydrochloride
Etidronate Disodium
Potassium Clorazepate
;
c
in Column 3 of the entry relating to Amodiaquine Hydrochloride, the words “Prophylaxis of malaria” are deleted;
d
for the entry relating to Ibuprofen there is substituted the entry set out in the Schedule to this Order.
Amendment of Part III of Schedule 1 to the principal Order
5
In Part III of Schedule 1 to the principal Order (medicinal products, specified by name and product licence number, which are prescription only medicines), the following entry is deleted: —
Cedocard 20
0424/0036
Amendment of Part IV of Schedule 1 to the principal Order.
6
In Part IV of Schedule 1 to the principal Order (specified medicinal products that are not prescription only medicines) —
a
the heading “TABLE A” is inserted above the words “NAME AND PRODUCT LICENCE NUMBER OF MEDICINAL PRODUCTS THAT ARE NOT PRESCRIPTION ONLY MEDICINES”;
b
the following entries are inserted at the appropriate point in the alphabetical order of medicinal products already listed therein —
Anflam Cream 0.5%
0142/0263
Anflam Ointment 0.5%
0142/0262
Dermacort Hydrocortisone Cream
8265/0002
.
c
the following Table is inserted at the end of the list of medicinal products already listed therein —
TABLE B
RELEVANT PRODUCT LICENCE HOLDER AND NAME AND PRODUCT LICENCE NUMBER OF MEDICINAL PRODUCTS THAT ARE NOT PRESCRIPTION ONLY MEDICINES
Leo Laboratories Limited:
Hydrocortisone Acetate Cream BP 0.5%
— 0043/0150
Hydrocortisone Acetate Cream BP 1.0%
— 0043/0151
Richard Daniel and Son Limited:
Hydrocortisone Cream BP 1.0%
— 0842/0011
.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State,
Department of Health
7th November 1988
Peter Walker
Secretary of State for Wales
9th November 1988
Malcolm Rifkind
Secretary of State for Scotland
10th November 1988
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th November 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 14th day of November 1988.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 14th day of November 1988.
W. H. Jack
Permanent Secretary


text:
1
This Order may be cited as the Transport Act 1985 (Commencement No. 6) (Amendment) Order 1988 and shall come into force on 31st December 1988.
2
In article 3 of the Transport Act 1985 (Commencement No. 6) Order 1986 , for the words “1st January 1989” there shall be substituted the words “1st July 1989”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
20th December 1988


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment No.3 Order 1988 and shall come into operation on 1st August 1988.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which —
i
was moved from any place in accordance with a consent given on or after 1st August 1988, which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 10th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 27th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 11th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
iii
was moved from any place in accordance with such a consent given on or after 1st August 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Finance Act 1987 (Commencement No. 1) Order 1988.
2
Section 40(4) of the Finance Act 1987 shall come into force on 18th February 1988.
3
Section 40(3) of the Finance Act 1987 shall come into force on 11th March 1988.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
9th February 1988


text:
1
These Regulations may be cited as the National Savings Bank (Amendment) (No. 2) Regulations 1988, and shall come into force on 1st January 1989.
2
The National Savings Bank Regulations 1972 shall be amended as follows:
a
by substituting for regulation 20 the following regulation–
20
An ordinary deposit of less than £5 may only be made at the principal office of the National Savings Bank unless the Director of Savings, in any case in which he thinks fit, accepts any such deposit made at any other savings bank office.
;
b
by substituting for regulation 28(5) the following regulation–;
5
An investment deposit of less than £5 may only be made at the principal office of the National Savings Bank unless the Director of Savings, in any case in which he thinks fit, accepts any such deposit made at any other savings bank office.
.
David Lightbown
David Maclean
Two of the Lord Commissioners of Her Majesty’s Treasury
7th December 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Financial Adjustments) Order 1988 and shall come into force on 11th April 1988.
2
In this Order —
“ the Act ” means the Social Security Act 1975;
“the 1979 Act ” means the Pensioners' Payments and Social Security Act 1979 ; and
“the 1986 Act ” means the Social Security Act 1986.
Cases specified for the purposes of section 133(6) of the Social Security Act 1975
2
1
The cases set out in paragraph (2) of this article shall be cases specified for the purposes of section 133(6) of the 1975 Act (in which cases the amount, and the times and manner of the making of payments on account, of certain payments by way of adjustment are such as may be determined by the Secretary of State in accordance with any Treasury directions).
2
The cases referred to in paragraph (1) of this article are those where adjustments fall to be made in respect of —
a
payments of benefit, or payments under section 1 of the 1979 Act, made or falling to be made out of the National Insurance Fund;
b
payments under Schedule 6 to the 1986 Act (Christmas bonus for pensioners) made or falling to be made out of the National Insurance Fund or out of money provided by Parliament;
c
payments of benefit, or payments under section 1 of the 1979 Act, made or falling to be made out of money provided by Parliament by virtue (in the case of payments of benefit) of the Supplementary Benefits Act 1976 or of section 135(3)(b) of the Act or (in the case of payments under section 1 of the 1979 Act) of section 6(1)(b) of the 1979 Act; and
d
payments of income support made or falling to be made out of money provided by Parliament by virtue of the 1986 Act.
Case specified for the purposes of section 85(10) of the Social Security Act 1986
3
1
The case set out in paragraph (2) of this article shall be a case specified for the purposes of section 85(10) of the 1986 Act (in which case the amount, and the times and manner of the making of payments on account, of certain payments by way of adjustment are such as may be determined by the Secretary of State in accordance with any Treasury direction).
2
The case referred to in paragraph (1) of this article is that where adjustments fall to be made in respect of payments of family credit made or falling to be made out of money provided by Parliament.
Case specified for the purposes of section 85(12) of the Social Security Act 1986
4
1
The case set out in paragraph (2) of this article shall be a case specified for the purposes of section 85(12) of the 1986 Act (in which case the amount, and the times and manner of the making of payments on account, of certain payments by way of adjustment are such as may be determined by the Secretary of State in accordance with any Treasury direction).
2
The case referred to in paragraph (1) of this article is that where adjustments fall to be made in respect of payments made or falling to be made out of the social fund.
Revocations
5
The Social Security (Financial Adjustments) Order 1975 and the Social Security (Financial Adjustments) Amendment Order 1980 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
9th March 1988
We consent,
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Ships' Names) (Amendment) Regulations 1988 and shall come into force on 1st December 1988.
2
The Merchant Shipping (Ships' Names) Regulations 1979 shall be amended as follows:
1
After regulation 2 a new regulation 2A shall be inserted as follows:
2A
In these Regulations “registry” and “registered” mean respectively registry under, and registered under Part I of the Merchant Shipping Act 1894 .
;
2
The proviso to regulation 3 shall be deleted.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
2nd November 1988
Philip Nash
Commissioner, Customs & Excise
4th November 1988


text:
1
The County Council of the Royal County of Berkshire A329(M) Relief Road Special Road Variation Scheme 1987 is hereby confirmed with modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto. Copies of the Scheme with its accompanying plan are deposited at the Department of Transport and at the offices of the County Council of Berkshire at Shire Hall, Shinfield Park, Reading, Berkshire.
3
The Scheme will come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of the Royal County of Berkshire A329(M) Relief Road Special Road Variation Scheme 1987 Confirmation Instrument 1988.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
28th January 1988


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 12) Order 1988.
2
Subject to article 3 of this Order, the following provisions of the Housing and Planning Act 1986 shall come into force on 17th November 1988 (“the commencement date”) —
section 42 (recovery of Minister’s costs in connection with inquiries),
section 49(2) (miscellaneous repeals) in so far as it effects the repeals specified in the Schedule to this order.
3
Article 2 does not apply —
a
where the inquiry was opened before the commencement date; or
b
where the inquiry does not take place and the principal parties were, before the commencement date, notified of a date for the opening of the inquiry.
Nicholas Ridley
Secretary of State for the Environment
11th October 1988
Peter Walker
Secretary of State for Wales
14th October 1988


text:
1
The Order may be cited as the Income and Corporation Taxes Act 1988 (Appointed Day) Order 1988.
2
The day appointed under section 470(3) of the Income and Corporation Taxes Act 1988 on which subsection (2) of that section shall cease to have effect is 29th April 1988.
T. J. Painter
J. G. Isaac
Two of the Commissioners of Inland Revenue
19th April 1988


text:
Citation and commencement
1
1
This Order may be cited as the West Midlands (District Boundaries) Order 1988.
2
This Order shall come into force on 25th March 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“borough ward” means a ward of the Borough of Solihull;
“boundary map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the West Midlands (District Boundaries) Order 1988”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“city ward” means a ward of the City of Birmingham.
Transfers from the City of Birmingham to the Borough of Solihull
3
1
The part of the City of Birmingham which is marked Area B on boundary map 1 shall be transferred to —
a
the Borough of Solihull;
b
the Castle Bromwich borough ward; and
c
the Solihull petty sessional division
and shall become part of the parish of Castle Bromwich and the Bradford ward of that parish.
2
The parts of the City of Birmingham which are marked Areas F to L on boundary map 2 shall be transferred to —
a
the Borough of Solihull;
b
the Fordbridge borough ward; and
c
the Solihull petty sessional division
and shall become part of the parish of Fordbridge.
3
The part of the City of Birmingham which is marked Area E on boundary map 3 shall be transferred to the Borough of Solihull, to the Elmdon borough ward, and to the Solihull petty sessional division.
Transfers from the Borough of Solihull to the City of Birmingham
4
1
The part of the Borough of Solihull and of the parish of Castle Bromwich which is marked Area A on boundary map 1 shall be transferred to —
a
the City of Birmingham;
b
the Sutton New Hall city ward; and
c
the City of Birmingham petty sessional division
and shall cease to form part of any parish.
2
The parts of the Borough of Solihull and of the parish of Fordbridge which are marked Areas M to R on boundary map 2 shall be transferred to —
a
the City of Birmingham;
b
the Shard End city ward; and
c
the City of Birmingham petty sessional division
and shall cease to form part of any parish.
3
The parts of the Borough of Solihull which are marked Area C and Area D on boundary map 3 shall be transferred to the City of Birmingham, to the Sheldon city ward, and to the City of Birmingham petty sessional division.
Town and Country Planning
5
Any provision of a local plan adopted by the council of a district which apply immediately before 1st April 1988 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which that area is transferred.
Differential rating
6
1
The amount in the pound of the general rate chargeable in any year in respect of any existing hereditament in the areas transferred to the City of Birmingham by article 4 of this Order shall, until that amount is greater than the amount in the pound of the general rate chargeable in the year in respect of hereditaments in any other area of the City (“the Birmingham poundage”), be the sum of —
a
the amount in the pound of the general rate chargeable in respect of those existing hereditaments for the preceding year;
b
the amount by which the Birmingham poundage increased over that for the preceding year; and
c
10.9p.
2
Upon the amount calculated in accordance with paragraph (1) in any year being greater than the Birmingham poundage for the year, the amount in the pound of the general rate for that and future years in respect of the existing hereditaments shall be the Birmingham poundage.
3
In this article “existing hereditament” means a hereditament which immediately before 1st April 1988 was included in the valuation list for the area transferred by article 4 of this Order and “general rate” does not include any such additional item as is mentioned in section 2(4)(a) of the General Rate Act 1967 .
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
22nd February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Amendment) Regulations 1988 and shall come into force on 1st July 1988.
Interpretation
2
In these Regulations“the 1986 Regulations ” means the Income Tax (Building Societies) Regulations 1986 .
Amendments to the 1986 Regulations
3
In Regulation 6(1) of the 1986 Regulations after paragraph ( i ) there shall be inserted —
ii
a payment for the purposes of approved personal pension arrangements as defined in section 630 of the Income and Corporation Taxes Act 1988;
.
4
In Regulation 8(1) of the 1986 Regulations after the words“paragraphs ( a ) to ( f )” there shall be inserted the words“, or paragraph ( ii ),”.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
9th June 1988


text:
1
This Order may be cited as the Home Purchase Assistance (Recognised Lending Institutions) (No. 1) Order 1988 and comes into force on 12th February 1988.
2
The bodies named in the Schedule to this Order are hereby added to the list in section 447(1) of the Housing Act 1985.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
13th January 1988
We consent,
David Lightbown
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st January 1988


text:
Citation and commencement
1
These Regulations, which may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1988, shall come into force on 1st January 1989.
Amendment of Regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
Regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 shall be amended as follows: —
a
in paragraph (1) (fee for registration of premises), for “£84” there shall be substituted “£88” and for “£43” there shall be substituted “£45”; and
b
in paragraph (2) (retention fee), for “£53” there shall be substituted “£56” and for “£38” there shall be substituted “£40”.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
23rd November 1988
Peter Walker
Secretary of State for Wales
25th November 1988
Malcolm Rifkind
Secretary of State for Scotland
29th November 1988
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 2nd day of December 1988.
F. A. Elliot
Permanent Secretary


text:
1
This Order may be cited as the Welsh Water Authority (Extension of Operation of Byelaws) Order 1988 and shall come into force on 23rd July 1988.
2
The byelaws made on 24th July 1978 by the Welsh Water Authority under section 17 of the Water Act 1945, which byelaws would, by virtue of section 19(6)(a) of the Water Act 1945 cease to have effect on 23rd July 1988, shall remain in force until 23rd July 1990.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
22nd July 1988
Signed by authority of the Secretary of State
Alwyn H. H. Jones
An Assistant Secretary in the Welsh Office
21st July 1988


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 1988 (Commencement No. 1) Order 1988.
2
In this Order“ the Act ” means the Housing Act 1988.
Coming into force of certain provisions of the Act
2
The provisions of the Act specified in column 1 of the Schedule to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said Column 1, come into force on 1st December 1988.
Peter Walker
Secretary of State for Wales
18th November 1988


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reciprocal Agreements) Order 1988 and shall come into force on 11th April 1988.
Modification of Orders
2
1
Any Order in Council specified in the Schedule to this Order shall, for the purposes of section 143 of the Social Security Act 1975, have effect subject to the further modifications contained in the following provisions of this Order.
2
Any such Order in Council shall have effect as if the agreement proposed by Her Majesty’s Government for modifying the agreement set out in the Schedule to such Order, so as to take account of changes in the legislation of the United Kingdom without otherwise altering the effect of such agreement, had been entered into.
3
Where in any agreements set out in the Schedule to any such Order in Council there are provisions relating to the calculation of widow’s allowance under the legislation of the United Kingdom such provisions shall be taken to include, subject to such modifications as may be required, a reference to a widow’s payment under the legislation of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Sheffield Development Corporation (Planning Functions) Order 1988 and shall come into force on 5th October 1988.
Interpretation
2
In this Order —
“the 1971 Act ” means the Town and Country Planning Act 1971 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Sheffield Development Corporation (Area and Constitution) Order 1988 ; and
“the development corporation” means the Sheffield Development Corporation.
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1971 Act
4
All the provisions of the 1971 Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with all the modifications specified in that Part.
Transitional provisions: planning applications
5
1
This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which —
a
was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
a
Subject to sub-paragraph (b), except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
b
Where an application relates to development or development of a class in respect of which there is in force a direction under article 10 of the Town and Country Planning General Development Order 1977 the previous authority shall not determine the application but shall, within 10 days of this Order coming into force, transmit it to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of this Order to be the local planning authority in relation to that matter the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order under section 276 in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose remains liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
7th September 1988


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Amendment) Regulations 1988 and shall come into force on 25th July 1988.
Preliminary
2
The Motor Vehicles (Type Approval) Regulations 1980 are hereby amended in accordance with the following provisions of these Regulations.
Amendments relating to the issue of type approval certificates
3
In regulation 5 after paragraph (1) there is added —
1A
Where the Secretary of State is satisfied that a vehicle component conforms with the requirements referred to in paragraph (1) but it appears to him that it fulfills its function or offers a specific feature only in conjunction with another vehicle component of a particular class, he may approve the first mentioned vehicle component as a type subject to —
a
restrictions relating to the use of components of that type, or
b
conditions relating to the fitting of components of that type,
and any such restrictions and conditions shall be shown on the type approval certificate.
.
4
In regulation 9(1) after sub-paragraph (b) there is added —
and
c
the delivery by the manufacturer with any component which —
i
is supplied by him other than as part of a complete vehicle, and
ii
is of a type to which the type approval certificate relates,
of a document giving details of any restrictions and conditions imposed under regulation 5(1A).
.
Amendments relating to form of information document
5
In the form set out in Part I of Schedule 1, in paragraph (a) of the notes at the end, there is inserted after the definition of “Category N3” —
“off-road vehicle: Off road vehicles are defined in paragraph (b) of the notes to Annex 1 of Council Directive 70/156/ EEC as last amended by Council Directive 87/403/EEC .”.
Amendments relating to type approval requirements
6
In Part I of Schedule 2 —
a
in item 2, in column 2, there is added —
or 70/220/EEC as amended by 74/290/EEC, 77/102/EEC, 78/665/EEC, 83/351/EEC and 88/76/EEC 3 December 1987 O.J. L 36, 9.2.88, p.1
b
in item 9, in column 2, there is added —
or 71/320/EEC as amended by 74/132/EEC, 75/524/EEC, 79/489/EEC, 85/647/EEC and 88/194/EEC 24 March 1988 O.J. L 92, 9.4.88, p.47
c
after item 11, there is inserted the following new item —
11A 88/77/EEC 3 December 1987 O.J. L36, 9.2.88, p.33 The emission of pollutants from diesel engines for use in vehicles
d
in item 40, in column 2, there is added —
or 80/1269/EEC as amended by 88/195/EEC 24 March 1988 O.J. L92, 8.4.88, p.50
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th June 1988


text:
1
This Order may be cited as the Education (Higher Education Corporations) (No. 2) Order 1988 and shall come into force on 21st November 1988.
2
There shall be established, as from 21st November 1988, a body corporate to conduct, as from 1st April 1989, the institution known as the Winchester School of Art being an institution which appears to the Secretary of State to satisfy the criteria set out in section 122(3) of the Education Reform Act 1988.
3
1st April 1989 is hereby appointed as the transfer date for the said corporation for the purposes of section 126 of that Act.
4
The County Council of Hampshire and the Council of the City of Winchester are each hereby specified as a local authority entitled to nominate a local authority nominee as an initial nominee member of the said corporation.
Kenneth Baker
Secretary of State for Education and Science
20th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1988 and shall come into force on 17th May 1988.
2
In these Regulations, unless the context otherwise requires —
“approval” unless otherwise stated includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the Health and Safety at Work etc. Act 1974;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ,
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in columns 2, 3 and 4 of that Part.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees payable in respect of approval of respiratory protective equipment, blasting helmets and automatic safe loading indicators
3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval —
a
of respiratory protective equipment —
i
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act,
ii
under the Control of Lead at Work Regulations 1980 ,
iii
under the Ionising Radiations Regulations 1985 ,
iv
under the Control of Asbestos at Work Regulations 1987 ;
b
of blasting helmets under the Factories Act 1961, or any Regulations made or having effect as if made under that Act; and
c
of automatic safe load indicators under the Construction (Lifting Operations) Regulations 1961 , and the Shipbuilding and Ship-Repairing Regulations 1960 .
2
The fee payable for approval of each item of each subject matter described in column 1 of Part I of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Part.
3
Where the Executive requires testing to be carried out by its staff to determine whether approval of any item of equipment specified in column 1 of Part II of Schedule 2 can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval and the fee shall be that specified in the corresponding entry in column 2 of that Part.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974 and the Poisonous Substances in Agriculture Regulations 1984
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under —
a
the Agriculture (Tractor Cabs) Regulations 1974 ; and
b
the Poisonous Substances in Agriculture Regulations 1984 .
2
The fee payable for the approval of each subject matter described in column 1 of Part I of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Part.
3
Where the Executive requires testing to be carried out by its staff to determine whether approval of respiratory protective equipment can be granted under the Poisonous Substances in Agriculture Regulations 1984, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval, and the fee shall be that specified in column 2 of Part II of Schedule 3.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable for licence of each subject matter described in column 1 of Schedule 5 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for examination by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services and for the annual reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985 .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, and the fee for annual reassessment of such approval in respect of each such matter shall be that specified in column 3 of that Schedule.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 and under the Gas Cylinders (Conveyance) Regulations 1931
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of Parts III, IV , V and VI of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 of those Parts.
4
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VII of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 , the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations, irrespective of the date of the application for that licence, transfer or renewal.
Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983
12
A fee shall be payable to the Health and Safety Executive by the applicant if any testing is carried out by or on behalf of the Executive with the agreement of the applicant in connection with any purpose specified in column 1 of Schedule 10, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Schedule for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.
Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
13
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee for each item specified in column 1 of Schedule 11 shall be that specified in the corresponding entry in column 2 of that Schedule.
Calculation of hours worked
14
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulations 3(2), 4(3), 10(4), 12 or 13(2) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Revocations
15
The regulations specified in columns 1 and 2 of Schedule 12 are hereby revoked to the extent specified in column 3 of that Schedule.
Northern Ireland
16
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
11th April 1988


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 1988 and, subject to paragraph (2) below, shall come into force on 22nd April 1988.
2
Regulations 3 and 7 shall come into force on 29th April 1988.
Interpretation
2
In these Regulations, “the Principal Regulations ” means the Personal Equity Plan Regulations 1986 and “regulation” means a regulation of the Principal Regulations.
Amendment to the Principal Regulations — definitions
3
In regulation 2(1) for sub-paragraph ( b ) there shall be substituted —
b
“authorised unit trust” means a unit trust scheme in the case of which an order under section 78 of the Financial Services Act 1986 is in force and which is an authorised securities scheme within the meaning of the Authorised Unit Trust Scheme (Investment and Borrowing Powers) Regulations 1988 ;
“unit holder” means a person entitled to a share of the investments subject to the trusts of a unit trust scheme;
“unit trust scheme” has the same meaning as in section 469 of the Income and Corporation Taxes Act 1988 ;
and references to a “unit” include references to a fraction of a unit.
Amendments to the Principal Regulations — monetary limits
4
In regulations 4(1)( c ), 13(2)( a ) and 13A(1)( a ) (a) for “£2,400” there shall be substituted “£3,000”.
5
In regulation 6(2)( b ) for “£420” there shall be substituted “£540”.
6
In regulation 7(2)( a ) for “£240” there shall be substituted “£300”.
Revocations
7
Sub-paragraphs (i), (ii) and (iii) of regulation 16(2)( b ) are hereby revoked.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1988


text:
1
These Regulations may be cited as the Motor Cycles (Eye Protectors) (Amendment) Regulations 1988 and shall come into force on 11th July 1988.
2
For regulation 3 of the Motor Cycles (Eye Protectors) Regulations 1985 there shall be substituted the following regulation —
3
The types of eye protector hereby prescribed as authorised for use by persons driving or riding (otherwise than in a sidecar) on a motor bicycle are —
a
those which conform to either —
i
the requirements relating to Grade X in British Standard BS 4110: 1979, or
ii
the requirements relating to Grades XA, YA or ZA in British Standard BS 4110: 1979 as amended by Amendment No. 1 (AMD 3368), Amendment No. 2 (AMD 4060) and Amendment No. 3 (AMD 4630),
and in either case are marked with the number of the said British Standard, the Grade and the certification mark of the British Standards Institution (whether or not they are required to be so marked by the said British Standard); and
b
until 1st April 1989, those which fulfil both of the following requirements, that is to say —
i
they are fitted with lenses that are designed to correct a defect in sight and that do not fly into fragments if fractured, and
ii
they transmit 50 per cent or more of the light with those lenses fitted; and
c
on or after 1st April 1989, those which were first used before that date and fulfill the two requirements mentioned in sub-paragraph (b) above.
.
Signed by the authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
10th June 1988


text:
Citation and Commencement
1
This Order may be cited as the Home Purchase Assistance (Price-limits) Order 1988 and shall come into force on 18th March 1988.
Prescribed price-limits
2
The amounts mentioned in the Schedule to this Order are hereby prescribed as the price-limits for the purposes of section 445 of the Housing Act 1985 or section 222 of the Housing (Scotland) Act 1987 (as the case may be) in respect of house property situated in the areas mentioned in relation thereto in that Schedule.
Revocation
3
The Home Purchase Assistance (Price-limits) Order 1987 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
15th February 1988
Peter Walker
Secretary of State for Wales
17th February 1988
Malcolm Rifkind
Secretary of State for Scotland
18th February 1988


text:
1
These Regulations may be cited as the Customs and Excise (Deferred Payment) (RAF Airfields and Offshore Installations) (No. 2) Regulations 1988 and shall come into force on 21st November 1988.
2
In these Regulations“the Act” shall mean the Customs and Excise Management Act 1979.
3
Subject to the following conditions, a passenger of an aircraft entering the United Kingdom from an offshore gas or oil installation or arriving at a Royal Air Force airfield shall be granted deferment of any customs or excise duties payable immediately, apart from these Regulations, on goods contained in his baggage or carried with him —
a
directions made by the Commissioners under section 78 of the Act as to the form and manner of his declaration of the goods shall be complied with;
b
he shall pay to the Commissioners any duty so deferred by the 15th day of the month following his arrival from the installation or at the airfield but, where an earlier time is specified in a notice of demand served on him by the Commissioners, he shall pay such duty by such earlier time; and
c
the owner or operator of the gas or oil installation shall provide the Commissioners with such security as the Commissioners consider adequate for the purposes of these Regulations.
4
In order, solely, to enable the passenger to remove the goods without payment of duty, for the purposes of section 43(1) of the Act duty deferred in accordance with these Regulations shall be treated as paid at the time the goods are landed.
5
These Regulations shall not apply to a person approved for duty deferment purposes under any Regulations made by the Commissioners under sections 45(1) or 127A of the Act other than these Regulations.
6
The Customs and Excise (Deferred Payment) (RAF Airfields and Offshore Installations) Regulations 1988 are revoked.
Philip Nash
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
2nd November 1988


text:
Title and commencement
1
This Order may be cited as the Renfrew and Cunninghame Districts (Whitehouse) Boundaries Amendment Order 1988, and shall come into force on 1st December 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office (which map is demonstrative only), marked “The Renfrew and Cunninghame Districts (Whitehouse) Boundaries Amendment Order 1988 Map” and deposited in accordance with regulation 3 of the 1977 Regulations; and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Part of Renfrew District, being the Area A described in the Schedule to this Order and shown delineated, hatched and marked “Area A” on the boundary map, shall be transferred to Cunninghame District.
2
Part of Cunninghame District, being the Area B described in the Schedule to this Order and shown delineated, hatched and marked “Area B” on the boundary map, shall be transferred to Renfrew District.
Consequential changes of electoral arrangements
5
1
Area A described in the Schedule to this Order (being the area transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 79 (Barrhead) of Strathclyde Region( ) and of ward 25 (Neilston) of Renfrew District( ); and
b
shall form part of electoral division 91 (Garnock Valley) of Strathclyde Region and of ward 18 (Garnock East) of Cunninghame District( ).
2
Area B described in the Schedule to this Order (being the area transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 91 (Garnock Valley) of Strathclyde Region and of ward 18 (Garnock East) of Cunninghame District; and
b
shall form part of electoral division 79 (Barrhead) of Strathclyde Region and of ward 25 (Neilston) of Renfrew District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
17th October 1988


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Goods Imported for Private Purposes) Relief Order 1988 and shall come into force on 1st August 1988.
Interpretation
2
In this Order —
“the Commissioners” means the Commissioners of Customs and Excise;
“competent authority” means an authority having powers under the laws in force in any member State to accept payment of tax on the importation of goods;
“exportation” means the exportation from a member State which immediately precedes the importation into the United Kingdom;
“last taxable transaction” means the most recent supply or previous importation, whichever is the later, upon which tax was paid in a member State;
“member State” means a state which is a member of the European Economic Community;
“proper officer” means the person appointed or authorised by the Commissioners to act in respect of any matter in the course of his duties;
“tax” means value added tax as referred to in Council Directive No. 77/388/EEC ;
“taxable person” has the meaning ascribed to it in section 2(2) of the Value Added Tax Act 1983.
Relief for goods imported from another member State
3
Subject to the provisions of this Order where goods are imported from another member State into the United Kingdom, the tax chargeable on the importation shall be reduced to an amount calculated in accordance with article 5 of this Order, if the Commissioners are satisfied that —
a
the importer is not a taxable person or, if he is, the goods are imported otherwise than in the course of his business;
b
the goods, prior to the importation into the United Kingdom, were supplied in or imported into a member State and that supply or importation was the last taxable transaction; and
c
the tax paid at the time of the last taxable transaction, or any part of it, has not been and will not be repaid or deducted as input tax in any member State.
Conditions of relief
4
No relief under article 3 of this Order shall be afforded unless —
a
a claim is made by the importer within such time and in such form and manner as the Commissioners may direct;
b
the claim referred to in paragraph (a) above is accompanied —
i
where the last taxable transaction was a supply, by an invoice or similar document or by a copy thereof identifying the goods and showing the price paid and the rate of tax or the amount of tax charged when the goods were supplied;
ii
where the last taxable transaction was an importation, by an importation document which was accepted or issued by the competent authority of the member State into which the goods were imported and which identifies the goods and shows their value for customs purposes and the rate of tax or the amount of tax paid upon importation or by a copy of such document; and
c
the goods are produced by the importer for inspection by the proper officer.
Method of calculating the relief
5
1
Where article 3 of this Order applies, the tax chargeable on the importation shall be calculated by —
a
excluding the residue of the tax paid in a member State from the value of the goods on which tax is chargeable; and
b
deducting the residue of the tax paid in a member State from the tax which, but for this Order, would be chargeable on the importation.
2
The residue of tax referred to in paragraph (1) above shall be —
a
where the value of the goods has decreased in the period between the last taxable transaction and exportation, the amount of tax paid in a member State less the percentage by which the value of the goods has decreased;
b
in any other case, the whole amount of the tax paid in a member State.
3
Where any sum relevant to this Order is expressed in a currency other than sterling that sum shall be converted into sterling at the rate of exchange in force at the time the tax becomes chargeable in accordance with the Community rules applicable to valuation for customs purposes.
4
Where the calculation referred to in paragraph (1) above produces a negative amount there shall not be any refund of tax.
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
7th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1988 and shall come into force on 1st October 1988.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provision in regulation 3, 4 and 7 of these Regulations (being provisions which vary the requirements as regards the construction of certain classes of vehicles) shall apply as from 1st October 1988 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provision will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to Regulations 36A and 70A (speed limiters)
3
In regulation 36A(5), at the end of the definition of “Part I of the British Standard” there shall be added the following words —
“as amended by Amendment Slip No. 1 under the number AMD 5969 which was published and came into effect on 30th June 1988”.
4
In regulation 70A —
a
in paragraph (4)(c) for the words “limiter supplier” there shall be substituted the words “limiter calibrator”; and
b
in paragraph (5)(b) for the words “limiter supplier” there shall be substituted the words “limiter calibrator”.
Amendments relating to unleaded petrol
5
After regulation 39, there shall be inserted the following regulations —
39A
1
Every vehicle to which this regulation applies shall be designed and constructed for running on unleaded petrol.
2
No person shall use or cause or permit to be used a vehicle to which this regulation applies on a road if it —
a
has been deliberately altered or adjusted for running on leaded petrol, and
b
as a direct result of such alteration or adjustment it is incapable of running on unleaded petrol.
3
Subject to paragraph (4) this regulation applies to every motor vehicle which is —
a
propelled by a spark ignition engine which is capable of running on petrol, and
b
is first used on or after the 1st April 1991.
4
Part I of Schedule 3A shall have effect for the purpose of excluding certain vehicles first used before specified dates from the application of this regulation.
5
In this regulation “petrol”, “leaded petrol” and “unleaded petrol” have the same meaning as in Community Directive 85/210 .
6
A vehicle shall be regarded for the purposes of this regulation as incapable of running on unleaded petrol at any particular time if and only if in its state of adjustment at that time prolonged continuous running on such petrol would damage the engine.
39B
1
Subject to paragraph (2), every fuel tank fitted to a vehicle to which regulation 39A applies shall be so constructed and fitted that it cannot readily be filled from a petrol pump delivery nozzle which has an external diameter of 23.6mm or greater without the aid of a device (such as a funnel) not fitted to the vehicle.
2
Paragraph (1) does not apply to a vehicle in respect of which both of the following conditions are satisfied, that is to say —
a
that at the time of its first use the vehicle is so designed and constructed that prolonged continuous running on leaded petrol would not cause any device designed to control the emission of carbon monoxide, hydrocarbons or nitrogen oxides to malfunction, and
b
that it is conspicuously and legibly marked in a position immediately visible to a person filling the fuel tank with —
i
the word “UNLEADED”, or
ii
the symbol shown in Part II of Schedule 3A.
3
In this regulation “fuel tank”, in relation to a vehicle, means a fuel tank used in connection with the propulsion of the vehicle.
.
6
A schedule shall be inserted after Schedule 3 in accordance with the provisions of the Schedule to these Regulations.
Amendments relating to exhaust emission
7
In regulation 61(4) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
if it is propelled by a spark ignition engine —
i
in a case where the first use is before 1st April 1991, with Community Directive 78/665, 83/351 or 88/76, or ECE Regulation 15.03 or 15.04 ; or
ii
in any other case, with Community Directive 83/351 or 88/76, or ECE Regulation 15.04.
.
Amendments to Schedule 2
8
In Table 1 in Schedule 2 —
a
after item 49 there shall be inserted the following item —
49A
85/210 20.3.85 L96, 3.4.85, p.25 The lead content of petrol
b
after item 51 there shall be added the following item —
52
88/76 3.12.87 L36, 9.2.88, p.1
Measures to be taken against air pollution by gases from the engines of motor vehicles 70/220 as amended by 74/290, 77/102, 78/665, and 83/351 4D 2B
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
5th September 1988


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (City of Newcastle upon Tyne) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order–
“the Corporation” means the Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to “the map” is a reference to the map entitled “Map referred to in the Tyne and Wear Development Corporation (Vesting of Land) (City of Newcastle upon Tyne) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the offices of the council of the city of Newcastle upon Tyne and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and edged internally with a stippled band on the map.
Vesting of Land
3
1
The land described in the Schedule hereto and now vested in the council of the city of Newcastle upon Tyne or any other local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
2
Nothing in this article shall operate to vest in the Corporation the highway known as Redheugh Bridge Approach Road and any land now vested in the council of the city of Newcastle Upon Tyne, as highway authority, for the purposes of that highway.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
15th June 1988


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Salmon and Freshwater Fisheries (Expenses) Regulations 1988 and shall come into force on 27th April 1988.
2
In these Regulations —
“ the Act ” means the Salmon and Freshwater Fisheries Act 1975;
“the Minister” means, in relation to those areas in which the water authorities other than the Welsh Water Authority exercise their functions, the Minister of Agriculture, Fisheries and Food, and in relation to the area in which the Welsh Water Authority exercise their functions, the Secretary of State for Wales.
Payment of expenses of inquiries etc
2
The expenses of and incidental to any public local inquiry held under Part I of Schedule 3 to the Act, and to any other matter of procedure respecting the making of any order under that Part of that Schedule, shall be paid by the applicant for the order or by any other party to the proceedings in such manner and in such proportion as the Minister may direct.
Revocation
3
The Salmon and Freshwater Fisheries Regulations 1924( ) are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th March 1988.
J. C. Edwards
Assistant Secretary
Signed by authority of the Secretary of State for Wales
H. R. Bollington
Assistant Secretary, Welsh Office
6th April 1988


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Transitional Provisions) Regulations 1988 and shall come into force on 2nd September 1988 but shall have effect in accordance with regulation 12.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“business” includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate;
“control”, in relation to a body corporate or partnership, has the meaning given to it by section 840; and the definition of
“control” in that section applies (with the necessary modifications) in relation to an unincorporated association as it applies in relation to a body corporate;
“relevant employer” means —
an associated employer, or
an employer —
who has acquired, or who has been acquired by, or who has merged with, an employer who had established a scheme before 17th March 1987, or
who has taken over the whole or part of the business of such an employer;
“section” means a section of, and “Schedule” means Schedule 23 to, the Income and Corporation Taxes Act 1988 ;
“total pension” means in relation to an employee the aggregate of all benefits (including the value in terms of an annual pension of any lump sum or sums received or receivable by the employee) —
from schemes established by his employer, or to which his employer has contributed, and
from schemes to which his employer has not contributed and which provide benefits in addition to those provided by schemes to which he has contributed.
2
For the purpose of these Regulations an employer is associated with another employer if (directly or indirectly) one is controlled by the other or if both are controlled by a third person, and the expression “associated employer” shall be construed accordingly.
Disapplication of paragraphs 2, 3, 4 and 6 of the Schedule
3
1
Subject to regulation 4, the provisions contained in paragraphs 2, 3, 4 and 6 of the Schedule shall not apply in the circumstances prescribed in any one or more of paragraphs (2) to (4) below.
2
The circumstances prescribed in this paragraph are circumstances where —
a
before 17th March 1987 an employee was a member of a scheme (in this paragraph and in regulation 4 referred to as “the scheme”); and
b
on or after that date —
i
benefits cease to accrue to the employee under the scheme and he becomes a member of another scheme established by his employer, or a scheme established by a relevant employer, (in this paragraph and in regulation 4 referred to as “the new scheme”); or
ii
benefits cease to accrue to the employee under the scheme by reason of his secondment or posting to another employer if —
a
at the end of the period of his secondment or posting he becomes a member of a scheme established by the employer by whom he was seconded or posted, or by a relevant employer, and
b
at the time of his secondment or posting he had a definite expectation that the condition contained in sub-paragraph (a) of this paragraph would be met; or
iii
benefits cease to accrue to the employee under the scheme by reason of his unpaid absence if, within one month of returning to work, he becomes a member of a scheme established by the employer who established the scheme, or a scheme established by a relevant employer; or
iv
benefits cease to accrue to the employee under the scheme by reason of her pregnancy or confinement if, within one month of returning to work, she becomes a member of a scheme established by the employer who established the scheme, or a scheme established by a relevant employer; or
v
benefits cease to accrue to the employee under the scheme (where the circumstances are other than those specified in paragraphs (ii), (iii) or (iv)) if, within one month of benefits ceasing so to accrue, benefits again accrue to the employee under that scheme; or
vi
the employee becomes a member of a scheme which provides benefits in addition to those under the scheme of which he remains a member.
3
The circumstances prescribed in this paragraph are circumstances where an employee was not a member of a scheme before 17th March 1987 but is to be regarded as being a member of that scheme before that date by virtue of regulation 2(2)(b) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 .
4
The circumstances prescribed in this paragraph are circumstances where an employer was contractually bound to an employee before 17th March 1987 to provide benefits for him but a scheme had not been established before that date.
4
Regulation 3(1) does not apply in the circumstances prescribed in regulation 3(2) so as to disapply paragraph 2 of the Schedule unless on 17th March 1987 the rules of either the scheme or the new scheme or of both schemes allowed for the accrual of benefits in excess of the rate of one-sixtieth of the employee’s relevant annual remuneration for each year of service.
Modification of paragraph 2 of the Schedule
5
1
In the circumstances prescribed in paragraph (2) below, paragraph 2 of the Schedule shall apply with the modifications prescribed in paragraph (3) below.
2
The circumstances prescribed in this paragraph are circumstances where a pension attributable to a transfer payment is provided for an employee in respect of service with a former employer of his other than a relevant employer.
3
The modifications prescribed in this paragraph are that —
a
in paragraph 2 of the Schedule at the end of sub-paragaph (2) there shall be added the words —
(excluding any pension attributable to a transfer payment provided for the employee in respect of service with a former employer of his other than a relevant employer)
; and
b
after that sub-paragraph there shall be added the following sub-paragraph —
3
In this paragraph a “relevant employer” has the same meaning as in the Occupational Pension Schemes (Transitional Provisions) Regulations 1988.
.
Disapplication of paragraphs 3, 4, 6 and 7 of the Schedule
6
1
The provisions contained in paragraphs 3, 4, 6 and 7 of the Schedule shall not apply in the circumstances prescribed in either or both of paragraphs (2) and (4) below.
2
The circumstances prescribed in this paragraph are circumstances where, subject to paragraph (3) below, the amount of an employee’s total pension is not more than £104 a year.
3
In a case where the pension is secured in part by voluntary contributions paid by the employee paragraph 7 shall apply unless the aggregate of the benefits secured for the employee by -
a
the voluntary contributions, and
b
all schemes established by his employer or to which his employer has contributed,
are commuted.
4
The circumstances prescribed in this paragraph are circumstances where —
a
the rules of a scheme provide that the trustees or administrator of the scheme have power to commute, in whole or in part, the pension secured for an employee if he is in exceptional circumstances of serious ill health, and
b
the trustees or administrator have exercised such power in relation to the employee.
Disapplication of paragraph 5(2) of the Schedule
7
1
The provision contained in paragraph 5(2) of the Schedule shall not apply in circumstances where —
a
a charge to income tax under Schedule E on an employee arises from the acquisition or disposal of shares or an interest in shares or from a right to acquire shares, and
b
the shares or interest in shares were acquired, or the right to acquire the shares was granted, before 17th March 1987.
2
For the purposes of this regulation “share” includes stock and this regulation applies in relation to any security (as defined in section 254(1)) issued by a body corporate as it applies to a share in that body corporate.
Disapplication of paragraph 5(3) of the Schedule
8
The provision contained in paragraph 5(3) of the Schedule shall not apply in circumstances where an employee within paragraph (a) of sub-paragraph (3) of that paragraph ceased to be a controlling director before 17th March 1987.
Modification of paragraph 5(3) and (4) of the Schedule
9
1
In the circumstances prescribed in paragraph (2) below, paragraphs 5(3) and (4) of the Schedule shall apply with the modifications prescribed in paragraph (3) below.
2
The circumstances prescribed in this paragraph are circumstances where the relevant annual remuneration of an employee within paragraph 5(3)(b) of the Schedule exceeds the permitted maximum.
3
The modifications prescribed in this paragraph are that —
a
at the end of paragraph 5(3) of the Schedule there shall be added the words —
“or, in the case of an employee within paragraph (b), the permitted maximum if greater”; and
b
in paragraph 5(4) of the Schedule —
i
for the word “higher” there shall be substituted “highest”,
ii
at the end of paragraph (a) the word “and” shall be omitted, and
iii
at the end of paragraph (b) there shall be inserted the words “and, (c) the permitted maximum”.
Disapplication of paragraph 7 of the Schedule
10
1
The provisions contained in paragraph 7 of the Schedule shall not apply in the circumstances prescribed in this regulation.
2
The circumstances prescribed in this regulation are circumstances where —
a
before 8th April 1987 an employee had entered into arrangements for the payment of voluntary contributions (in this paragraph referred to as “the original arrangements”); and
b
on or after that date —
i
the employee (having ceased to pay voluntary contributions whether or not on or after that date) —
a
recommences to pay such contributions under the original arrangements, or
b
commences to pay such contributions under other arrangements provision for which is made by the rules of a scheme established by his employer; or
ii
the employee ceases to pay voluntary contributions under the original arrangements and commences to pay such contributions under arrangements provision for which is made by the rules of a scheme established by a relevant employer; or
iii
any one or more of the terms of the original arrangements in relation to —
a
the amount of the voluntary contributions,
b
the date on which such contributions are paid, or
c
the manner in which such contributions are invested,
is varied.
Authorisation of the Board to direct
11
This regulation authorises the Board to direct that the Schedule or any provision of it shall not apply in any particular case where in the opinion of the Board the facts are such that its application would not be appropriate.
Effect of Regulations and of directions made under regulation 11
12
These Regulations —
a
shall take effect as from 17th March 1987, and
b
authorise any direction given under regulation 11 to take effect as from 17th March 1987 or any later date.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
11th August 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the main new trunk road with other highways at Weston in the County of Hampshire (the highways along these routes being in this order referred to as“the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
In this Order: —
i
“the deposited plan”means the plan numbered RSE A3/6B/65/2/16, marked“The London-Portsmouth Trunk Road A3 (Ham Barn-Petersfield Section Slip Roads) (No. 2) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the main new trunk road”means the highway to be provided by the Secretary of State in pursuance of the London-Portsmouth Trunk Road A3 (Ham Barn-Petersfield Section) Order 1987 .
4
This Order shall come into force on 30th June 1988 and may be cited as the London-Portsmouth Trunk Road A3 (Ham Barn-Petersfield Section Slip Roads) (No. 2) Order 1988.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
15th June 1988


text:
Citation and commencement
1
These Regulations may be cited as the Terms of Employment of Pilots (Arbitration) Regulations 1988 and shall come into force on 18th July 1988.
Interpretation
2
In these Regulations the following expressions have the meanings respectively assigned to them —
“ the Act ” means the Pilotage Act 1987;
“applicant” means the party who refers a dispute to arbitration pursuant to section 5(1) of, or paragraph 2(1) of Schedule 1 to, the Act;
“appointed day” means the day appointed under section 33(2) of the Act for the coming into force of Part I of the Act;
“Chairman”, “Members of the Panel” and “Panel” mean the Chairman, Members of the Panel and Panel appointed in accordance with section 5(2) of the Act;
“the parties” means the applicant and the respondent being —
in the case of a reference by a competent harbour authority before the appointed day, the competent harbour authority and the person or organisation representing the majority of the holders of licences under section 12 of the Pilotage Act 1983 for the pilotage district in which the harbour falls;
in the case of a reference by a competent harbour authority after the appointed day, the competent harbour authority and the pilot or pilots in relation to whose contracts of employment the question in dispute arises;
in the case of a reference before the appointed day by a person or organisation representing the majority of the holders of licences under section 12 of the Pilotage Act 1983 for a pilotage district in which a competent harbour authority’s harbour falls, that person or organisation and the competent harbour authority; and,
in the case of a reference after the appointed day by the majority of the authorised pilots for a harbour, or part of a harbour, the authorised pilots for the harbour, or part of the harbour, and the competent harbour authority;
“question in dispute” means the issue as to the terms of a contract of employment of pilots referred to arbitration by the applicant under section 5(1) of, or paragraph 2(1) of Schedule 1 to, the Act;
“respondent” means the party other than the applicant.
Arbitration proceedings
3
The Rules contained in the Schedule to these Regulations shall have effect in relation to the referral and determination of a question in dispute.
Expenses of arbitrations
4
The expenses of the Chairman incurred by him in connection with an arbitration (including any fees payable to him by virtue of his terms of appointment in respect of his conduct of that arbitration) shall be borne equally by the parties to the arbitration.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
21st June 1988


text:
Citation and commencement
1
These Regulations may be cited as the Funds for Trade Union Ballots (Amendment) Regulations 1988 and shall come into force on 26th July 1988.
Interpretation
2
In these Regulations —
“the 1980 Regulations ” means the Funds for Trade Union Ballots Regulations 1980 ;
“the 1982 Regulations ” means the Funds for Trade Union Ballots (Amendment) Regulations 1982 ;
“the 1984 Regulations ” means the Funds for Trade Union Ballots Regulations 1984 .
Revocation and application
3
1
The 1980 Regulations and the 1982 Regulations are hereby revoked.
2
Regulations 1(2) and 2 of the 1984 Regulations and the definition of “the 1980 Regulations” in regulation 3 of the 1984 Regulations are hereby revoked.
3
The amendments made to the 1984 Regulations by regulations 5 to 12 of these Regulations shall apply to a ballot if, but only if, the first day for casting votes in that ballot falls on or after 26th July 1988.
4
In regulation 3 of the 1984 Regulations (interpretation), after the definition of “the 1984 Act”, there shall be inserted ““the 1988 Act ” means the Employment Act 1988” .
5
1
In regulation 8 of the 1984 Regulations, after paragraph (1), there shall be inserted:
1A
The Certification Officer may, if he thinks fit, accept an application under paragraph (1) above in respect of more than one ballot relating to the same question or to related questions and in any such case, for all purposes of these regulations, he shall proceed as if each ballot had been the subject of a separate application.
.
2
In paragraph (2) of regulation 8 of the 1984 Regulations, after “form” there shall be inserted “, shall contain such assurances” and after “other” shall be inserted “assurances and”.
6
In regulation 9 of the 1984 Regulations, after paragraph (3), there shall be inserted:
4
For the avoidance of doubt, in paragraph (2) above, “legal proceedings” includes proceedings before the Certification Officer under section 4 of the 1964 Act, under section 5 of the 1984 Act or under section 16 of the 1988 Act.
.
7
For regulation 10 of the 1984 Regulations there shall be substituted:
10
1
Except as provided by regulation 24 below, the Certification Officer shall not make any payments under regulations 14 to 18 below unless he considers that adequate assurances have been given by the trade union as to compliance with —
a
the conditions mentioned in regulation 11 below (which are applicable to all ballots); and
b
such of the conditions mentioned in regulation 12 below (which are applicable to specific questions asked in ballots) as are applicable to the question or questions asked in the ballot.
2
for the purposes of paragraph (1) above, the Certification Officer shall not consider adequate such assurances as have been given if, on consideration of any matter which has come to his notice, he is of the opinion that any of the conditions referred to in that paragraph has not been satisfied.
.
8
In regulation 11 of the 1984 Regulations, for “10(a)(i)” there shall be substituted “10(1)(a)”.
9
1
In regulation 12 of the 1984 Regulations, for “10(a)(ii)” there shall be substituted “10(1)(b)”.
2
For paragraph (a) of regulation 12 of the 1984 Regulations there shall be substituted:
a
in the case of a question the purpose of which falls within paragraph (a) of regulation 5 above and is concerned only with the ending of a strike or other industrial action —
i
that the ballot was conducted so as to secure, so far as reasonably practicable, that all the members participating in the action were entitled to vote; and
ii
that as soon as was reasonably practicable after the holding of the ballot the trade union took such steps as were reasonably necessary to ensure that all persons entitled to vote on that question were informed of the number of —
A
votes cast on that question;
B
individuals voting in favour of that question;
C
individuals voting against that question; and
D
spoiled ballot papers;
.
3
For paragraph (b) of regulation 12 of the 1984 Regulations there shall be substituted:
b
in the case of a question the purpose of which falls within paragraph (a) of regulation 5 above, other than a question to which paragraph (a) of this regulation relates, that subsections (1), (1A), (1B), (2), (3), (4) and (8) of section 11 of the 1984 Act have, within the meaning of that section, been satisfied in relation to the ballot;
.
4
Paragraph (c) of regulation 12 of the 1984 Regulations shall cease to have effect.
5
In regulation 12 of the 1984 Regulations, after paragraph (e), there shall be inserted:
ea
in the case of a question the purpose of which falls within paragraph (b)(i) of regulation 5 above, that the requirements of subsection (2) of section 13 of the 1988 Act have been satisfied in relation to that ballot;
.
10
1
In paragraph (1) of regulation 13 of the 1984 Regulations, for “Where paragraph (2) of this regulation applies” there shall be substituted “In the case of a question the purpose of which falls within paragraphs (a) or (f) of regulation 5 above”.
2
Paragraph (2) of regulation 13 of the 1984 Regulations shall cease to have effect.
11
In paragraph (b) of regulation 22 of the 1984 Regulations, the words “following a request by the Certification Officer” shall be deleted and for “10(b)” there shall be substituted “10(1)”.
12
1
In paragraph (1) of regulation 24 of the 1984 Regulations, for “paragraph (d)” there shall be substituted “paragraphs (b)(i), (d) or (e)”.
2
In regulation 24 of the 1984 Regulations, after paragraph (1), there shall be inserted:
1A
In the case of a ballot containing a question the purpose of which falls within paragraph (b)(i) of regulation 5 above, no account shall be taken for the purposes of paragraph (d) of regulation 12 above of the treatment of any overseas member.
1B
In the case of a ballot containing a question the purpose of which falls within paragraph (e) of regulation 5 above, no account shall be taken, for the purposes of paragraph (h) of regulation 12, of the treatment of overseas members if rules made by the trade union for the purpose of complying with section 4(1) of the 1913 Act in relation to the ballot provided for such members not to be accorded entitlement to vote in the ballot.
.
3
In regulation 24 of the 1984 Regulations, for paragraph (2) there shall be substituted:
2
Where the Certification Officer is of the opinion that any of the conditions mentioned in regulation 11 and 12 above has not been satisfied in respect of overseas members, or any overseas member, but he considers that in all other respects adequate assurances have been given by the trade union he may, subject to paragraph (3) below, make payments under regulation 14 to 18 above, notwithstanding regulation 10 above.
.
Signed by order of the Secretary of State.
John Cope
Minister of State,
Department of Employment
28th June 1988.