text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (School Government) Regulations 1989 and shall come into force on 8th September 1989.
Revocation
2
The Education (School Government) Regulations 1987 are hereby revoked.
Interpretation
3
Except where the context otherwise requires, in these Regulations–
a
“the 1986 Act ” means the Education (No. 2) Act 1986;
“the 1988 Act ” means the Education Reform Act 1988 ; and
“spouse” includes a woman who lives with a man as his wife;
b
any reference to a school is a reference to a school or new school which is, or will be, a county, voluntary or maintained special school;
c
any reference to a governing body, in relation to a school, is a reference to the governing body or temporary governing body of the school, and any reference to a governor is a reference to a member of such a governing body;
d
any reference to a governing instrument, in relation to a school, is a reference to the instrument of government or arrangement under which the governing body of the school is constituted; and
e
any reference to a regulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.PART II PROCEEDINGS OF GOVERNING BODIES OF SCHOOLS
Disqualification from membership of governing bodies — general
4
Regulations 5 to 8 and 15 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a governor of a school and the circumstances and cases so prescribed shall be the only circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as such a governor.
Disqualification from membership of more than four governing bodies
5
1
A person shall be disqualified for holding office as a governor of a school if, were he to be appointed or elected to that office, he would, at the date the appointment or election would have taken effect, be a member of the governing bodies of more than four schools.
2
Where a person is on 8th September 1989 a member of the governing bodies of more than four schools then, on that date, he shall be disqualified for continuing to hold office as a governor of those schools, without prejudice however, subject to paragraph (1), to his re-appointment or re-election as a governor of one or more thereof.
3
a
A person who becomes an ex officio member of the governing bodies of more than four schools shall be disqualified for continuing to hold office as such save in the case of such four or lower number of those bodies as may for the time being be designated by him for the purposes hereof by notice in writing given to the clerks to the governing bodies so designated and to the clerks to the other governing bodies of which he would otherwise have been an ex officio member.
b
A notice under sub-paragraph (a) shall be expressed to have effect from a date not earlier than two months after the date thereof.
4
Where a person–
a
is a temporary governor of a school by virtue of his having been appointed under a provision made by virtue of Schedule 2 to the 1986 Act; or
b
is a governor or temporary governor of a school ex officio;
that governorship shall be disregarded when the number of governorships is calculated for the purpose of paragraphs (1) and (2) above.
5
Where there is a single governing body for a group of two or more schools, that group shall be treated for the purposes of this regulation as if it were a single school.
Disqualification from membership of governing bodies — bankruptcy etc.
6
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a governor of a school if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a governor, on becoming so disqualified, shall give written notice of the fact to the clerk to the governing body.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of governing bodies — criminal convictions
7
1
Subject to paragraph (4) a person shall be disqualified for holding, or for continuing to hold, office as a governor of any school if–
a
within five years before his appointment or election would otherwise have taken effect or since his appointment or election or, as the case may be, within five years before he would otherwise have become an ex officio governor or while such a governor, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment or election would otherwise have taken effect or, as the case may be, within twenty years before he would otherwise have become an ex officio governor, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
A person shall be disqualified for holding, or for continuing to hold, office as a governor of any school if within five years before his appointment or election would otherwise have taken effect or since that appointment or election or, as the case may be, within five years before he would otherwise have become an ex officio governor of that school or while such a governor, he has been convicted of an offence under section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on education premises) which took place on the premises of a school (including a grant-maintained school) and has been sentenced to a fine.
3
Where, by virtue of this regulation, a person becomes disqualified for holding office as a governor of any school of which he is, or was seeking to become, a governor he shall, upon becoming so disqualified, give written notice of the fact to the clerk to the governing body of the school.
4
For the purposes of this regulation, there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Tenure of office — absence from meetings
8
1
This regulation shall apply in the case of any governor of a school who is not an ex officio or temporary governor.
2
Such a governor who, without the consent of the governing body concerned, has failed to attend the meetings thereof for a continuous period of twelve months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to hold office as a governor of that school without prejudice, however, to his re-appointment or re-election.
Chairmen and Vice-chairmen of governing bodies and meetings
9
1
The governing body of a school shall each school year, at their first meeting in that year or such other meeting as is specified for the purpose in the governing instrument for the school, elect a chairman and vice-chairman from among their number (subject however to paragraph (5)).
2
In the event of a casual vacancy occurring in the office of chairman or vice-chairman, the governing body, unless they have no further meeting before that referred to in paragraph (1), shall at their next meeting elect one of their number (subject however to paragraph (5)) to fill that vacancy.
3
The chairman or vice-chairman of a governing body elected in pursuance of paragraph (1) or (2) shall hold office as such until his successor has been elected in pursuance of paragraph (1) without prejudice, however, to his re-election:
Provided that such a chairman or vice-chairman shall cease to hold office as such if–
a
he resigns his office by written notice given to the clerk to the governing body;
b
he ceases to be a member thereof; or
c
in the case of the vice-chairman, he is elected in pursuance of paragraph (2) to fill a casual vacancy in the office of chairman.
4
The chair at any meeting of the governing body of a school shall be taken by the chairman thereof or, in his absence, by the vice-chairman except that where both are absent those present shall elect from among their number (subject however to paragraph (5)) a person to take the chair at the meeting during such absence.
5
A governor who is employed as a teacher or otherwise at the school in question or is a registered pupil thereat shall not be eligible for election as chairman or vice-chairman of the governing body or as chairman of a meeting thereof but, subject as aforesaid, every governor shall be so eligible.
6
This regulation does not apply in relation to temporary governing bodies of new schools.
Chairmen and Vice-Chairmen of temporary governing bodies and meetings
10
1
The temporary governing body of a new school shall, at their first meeting, elect a chairman and vice-chairman from among their number (subject however to paragraph (5)).
2
In the event of a casual vacancy occurring in the office of chairman or vice-chairman, the temporary governing body shall, at their next meeting, elect one of their number (subject however to paragraph (5)) to fill that vacancy.
3
The chairman or vice-chairman of a temporary governing body shall cease to hold office as such if–
a
he resigns his office by written notice given to the clerk to the temporary governing body;
b
he ceases to be a member thereof; or
c
in the case of a vice-chairman, he is elected in pursuance of paragraph (2) to fill a casual vacancy in the office of chairman.
4
The chair at any meeting of the temporary governing body of a new school shall be taken by the chairman thereof or, in his absence, by the vice-chairman except that where both are absent those present shall elect from among their number (subject however to paragraph (5)) a person to take the chair at the meeting during such absence.
5
A member of the temporary governing body of a new school who is–
a
the head teacher of the new school;
b
a temporary teacher governor of the new school;
c
a pupil at the new school or, in the opinion of the other temporary governors, likely to become such a pupil; or
d
a person employed at the new school or, in the opinion of the other temporary governors, likely to become so employed;
shall not be eligible for election as chairman or vice-chairman of the temporary governing body of the new school or as chairman of a meeting thereof but, subject as aforesaid, every temporary governor shall be so eligible.
Right of head teacher to attend meetings
11
1
A head teacher of a school who is not a governor thereof shall be entitled to attend any meeting of the governing body of the school subject, however, to regulation 14(2).
2
Where two or more schools are to be discontinued (“the discontinued schools”), and the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school, the head teachers of the discontinued schools shall be entitled to attend any meeting of the temporary governing body of the new school until a head teacher is appointed for that new school subject, however, to regulation 14(2).
Meetings
12
1
The governing body of every school, other than a new school, shall hold a meeting at least once in every term.
2
The temporary governing body of a new school shall hold a meeting as often as occasion may require.
3
Any three members of the governing body of a school may requisition a meeting of that body; and it shall be the duty of the clerk thereof to convene a meeting which is so requisitioned.
Quorum
13
1
The quorum for a meeting of the governing body of a school shall, except where paragraph (2) applies, be any three members of that body or, where greater, any one third (rounded up to a whole number) of the membership thereof when complete.
2
Where the governing instrument for a school includes a provision specifying the quorum for a meeting of the governing body of the school and that provision is different from the provision contained in paragraph (1) by reason only that the quorum specified in the governing instrument is greater than that provided for in that paragraph, the quorum specified in the governing instrument shall, provided it does not exceed two fifths (rounded up to a whole number) of the membership of the governing body of the school when complete, be the quorum for a meeting of the governing body of the school.
3
The quorum for the purpose of–
a
making appointments of parent governors in accordance with any provision made by virtue of section 5 of the 1986 Act;
b
co-opting governors (otherwise than as foundation governors) in accordance with any provision made by virtue of section 3 of that Act, or by virtue of that section as applied by paragraph 2(1)(a) of Schedule 2 to that Act;
c
co-opting temporary teacher governors in accordance with paragraph 8 of Schedule 2 to that Act; or
d
appointing members of, or determining any question relating to, any committee established under regulation 26;
shall be any three quarters (rounded up to a whole number) of the governors entitled to vote on those respective matters.
Proceedings and minutes
14
1
Any question coming or arising before the governing body of a school shall be decided by a majority of the members thereof present and voting on the question at a meeting of the governing body except that, in the case of an equality of votes, the chairman shall have a second or casting vote.
2
Subject to paragraphs (3) and (4), the provisions of the Schedule hereto shall have effect for the purpose of prescribing the only circumstances and cases in which a member of a governing body, head teacher or other person present at a meeting thereof shall be required to–
a
withdraw from the meeting;
b
not take part in the consideration or discussion of specified matters; and
c
in the case of a member, not vote on any question with respect to a specified matter.
3
In the case of a person who is a registered pupil at the school, the governing instrument for the school may contain provisions specifying circumstances and cases additional to those mentioned in the Schedule hereto, in which such a person shall act, or refrain from acting, as mentioned in paragraph (2).
4
Where the governing body of a school are considering disciplinary action (within the meaning of paragraph 5 of the Schedule) against a teacher or other person employed at the school, against a pupil, or arising out of an alleged incident involving a pupil, nothing in the Schedule and no such provision of the governing instrument as is mentioned in paragraph (3) shall be construed as precluding the governing body, at any disciplinary hearing conducted by them (including the hearing of an appeal), from allowing–
a
that teacher or other person, the pupil concerned, or a parent of the pupil, to attend the hearing and to be heard in the matter;
b
a person who has made relevant allegations, to present those allegations at the hearing; or
c
a person who is a material witness, to give relevant evidence.
5
Minutes of proceedings of meetings of the governing body of a school shall be drawn up and entered in a book kept for the purpose and shall be signed at the same or next subsequent meeting by the person who is the chairman thereof:
Provided that minutes may be entered on loose leaves consecutively numbered but in such case the person signing the minutes shall initial each leaf.
6
On request made in that behalf by the chief education officer of the local education authority by whom a school is maintained, in relation to a particular meeting or generally, that authority shall be supplied with a copy of the signed minutes of the relevant meeting or (as the case may be) of any meeting of the governing body of the school.
Tenure of office — teacher governors etc.
15
1
This regulation shall apply–
a
in the case of a teacher governor of a school other than a temporary teacher governor of a new school;
b
if the governing instrument for an aided or special agreement school provides for the election by persons employed at the school, otherwise than as teachers, of a governor who at the time when he is elected is so employed, in the case of a governor so elected.
2
A governor to whom this regulation applies shall, upon his ceasing to be employed at the school, be disqualified for continuing to hold office as such a governor.
Head teacher governors
16
Where the head teacher of a school decides not to be a governor thereof, or not to continue as a governor thereof, he shall give written notice of that decision to the clerk to the governing body of the school.
Resignation and removal of governors
17
Where a governor of a school resigns his office or is removed from office, the governor or, where he is removed from office, those removing him, shall give written notice thereof to the clerk to the governing body of the school.
Notification of appointments and vacancies
18
1
Where a casual vacancy occurs among the appointed members of the governing body of a school or such a member’s term of office is about to expire, the clerk thereto shall give written notice to the authority, body or persons by whom the vacancy falls, or will fall, to be filled unless they have notified him of an appointment to fill the vacancy.
2
Where any authority, body or persons make an appointment to the governing body of a school they shall give written notice of the appointment to the clerk thereto, specifying the name and usual place of residence of the person appointed.
Convening of meetings
19
1
Without prejudice to paragraph 2(4) of Schedule 2 to the 1986 Act, regulation 12(3) or any provision contained in the governing instrument, a meeting of the governing body of a school may be convened by the clerk thereto but he shall comply with any direction in the matter–
a
given by the governing body at a previous meeting; or
b
given by the chairman or, in his absence, the vice-chairman of the governing body, so far as such direction is not inconsistent with a direction given as mentioned in sub-paragraph (a),
2
Every member of the governing body of a school, the head teacher (if he is not a member of the governing body) and the chief education officer of the local education authority by whom the school is maintained shall be given, at least seven clear days before the date of a meeting–
a
written notice thereof, signed by the clerk; and
b
a copy of the agenda for the meeting:
Provided that where the chairman or, in his absence, the vice-chairman, so directs on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice convening a meeting, and the copy of the agenda therefor, are given within such shorter period as he specifies.
3
For the purposes of this regulation, written notice of a meeting and a copy of the agenda therefor may be given to a person by leaving it at, or sending it by post to, his usual place of residence.
4
The convening of a meeting and the proceedings conducted thereat shall not be invalidated by reason of an individual not having received written notice of the meeting or a copy of the agenda therefor.
5
For the purposes of paragraph (2) “head teacher” means any head teacher entitled, by virtue of regulation 11, to attend the meetings of the governing body.
Rescission and variation of resolutions
20
A resolution to rescind or vary a resolution carried at a previous meeting of the governing body of an aided or special agreement school shall not be proposed at a meeting of the governing body of the school unless the consideration of the rescission or variation of the previous resolution is a specific item of business on the agenda for that meeting.
Public access to meetings of governing bodies
21
Any question whether any person who is not–
a
a member of the governing body of a school;
b
a head teacher entitled, under regulation 11, to attend meetings of the governing body of a school; or
c
the clerk to the governing body of a school;
should be allowed to attend a meeting of the governing body of the school, shall be determined by that body.
Record of persons present at a meeting
22
The names of the members of the governing body of a school present at a meeting of that body and of any head teacher (not being a governor) who attends such a meeting shall be recorded alongside the minutes of the meeting drawn up and entered as mentioned in regulation 14(5).
Power of chairman or vice-chairman of governing body to act in cases of urgency
23
1
The chairman or, if he cannot be contacted, the vice-chairman of the governing body of a school shall, in the circumstances mentioned in paragraph (2) below, have power to discharge, as a matter of urgency, any function of the governing body of the school.
2
The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of the school, or to the interests of any registered pupil at the school, his parent, or a person employed at the school.
3
In paragraph (2) above, “a delay” means a delay for a period extending beyond the day preceding the earliest date on which it would be reasonably practicable for a meeting of the governing body to be held.
Publication of minutes and papers
24
1
Subject to paragraph (2), a copy of–
a
the agenda for every meeting of the governing body of a school;
b
the draft minutes of every such meeting if they have been approved by the chairman of the meeting;
c
the signed minutes of every such meeting; and
d
any report, document or other paper considered at any such meeting;
shall, in each case as soon as may be, be made available at the school by the governing body to persons wishing to inspect them.
2
There may be excluded from any item required to be made available in pursuance of paragraph (1), any material relating to–
a
a named teacher or other person employed at, or proposed to be employed at, the school;
b
a named pupil at, or candidate for admission to, the school; or
c
any matter which, by reason of its nature, the governing body are satisfied should be dealt with on a confidential basis.
3
This regulation does not apply in relation to temporary governing bodies of new schools.
PART III
DELEGATION OF FUNCTIONS AND ESTABLISHMENT OF COMMITTEES
Delegation of functions
25
1
Subject to paragraphs (3) and (4), the governing body of a school may resolve to delegate to a committee established in accordance with regulation 26 or to any member of the governing body, or to the head teacher, if he is not such a member, any of its functions other than those listed in paragraph (2).
2
The functions which may not be delegated under paragraph (1) are functions relating to the powers conferred and the duties imposed on governing bodies by or under–
a
section 14 of the Education Act 1944 (which relates to restrictions on discontinuance of voluntary schools by governors);
b
sections 6 to 8 of the Education Act 1980 (which relate to admission to schools);
c
section 13 of the Education Act 1980 (which relates to establishment and alteration of voluntary schools);
d
section 14 of the Education Act 1980 (which relates to approval of school premises);
e
sections 3 to 6 of the 1986 Act (which relate to the appointment of governors);
f
sections 18 and 19 of the 1986 Act (which relate to the curriculum);
g
section 21(2) and (4) of the 1986 Act (which relate to the times of school sessions and the dates of school terms and holidays);
h
section 22(b)(i) of the 1986 Act (which relates to the governing body’s statement of general principles concerning pupil discipline);
i
section 30 of the 1986 Act (which relates to the governors' annual report to parents), insofar as the approval of the governors' report is concerned;
j
sections 44 and 45 of the 1986 Act (which relate to the prohibition of political indoctrination and to the balanced treatment of political issues);
k
section 46 of the 1986 Act (which relates to sex education);
l
section 1 of the 1988 Act (which relates to the curriculum);
m
section 6(3) of the 1988 Act (which relates to collective worship);
n
section 10 of the 1988 Act (which relates to collective worship, religious education, implementation of the National Curriculum and external qualifications);
o
section 12(1) of the 1988 Act (which relates to applications to advisory councils concerning the requirements for Christian collective worship in county schools);
p
section 22(1) of the 1988 Act (which relates to the provision of information);
q
sections 26 to 32 of the 1988 Act (which relate to admission of pupils to county and voluntary schools);
r
section 60 of the 1988 Act (which relates to the initiation of procedure for acquisition of grant-maintained status);
s
section 110 of the 1988 Act (which relates to policies on charges and remissions);
t
regulations 9(1) and (2) and 10(1) and (2);
u
regulation 12; and
v
regulation 25(1).
3
The functions of the governing body of a school under paragraph 8 of Schedule 3 to the 1988 Act (which relates to the dismissal of staff) shall not be delegated to an individual, but may (subject to regulation 26(5)) be delegated to a committee.
4
The functions of the governing body of a school conferred by or under sections 24 to 26 of the 1986 Act (which relate to the reinstatement of excluded pupils) shall not be delegated to an individual but may (subject to regulation 26(6)) be delegated to a committee.
Establishment of committees
26
1
Where the governing body of a school resolve under regulation 25 to delegate any function to a committee, that committee shall be established in accordance with this regulation.
2
Subject to paragraphs (3) to (7), the constitution, membership and proceedings of any such committee shall be determined by the governing body.
3
The membership of any such committee may include persons who are not members of the governing body: Provided that any members of such a committee who are not members of the governing body shall not be entitled to vote in any proceedings of the committee.
4
The chair at any meeting of a committee shall be taken by the chairman thereof except that when he is absent those present shall elect from among their number a person to take the chair at the meeting during such absence.
5
a
A committee to which any functions are delegated under regulation 25(3) shall include not less than three members of the governing body and, where a committee is established to take any initial or preliminary decision as to the dismissal of any member of staff (referred to below in this paragraph as a “first committee”), no member of that committee shall take part in the proceedings of any committee established to consider any appeal against that decision (referred to below in this paragraph as an “appeal committee”); and
b
the membership of an appeal committee shall include no fewer members of the governing body than that of the first committee the decision of which is subject to appeal; Provided that where fewer than six governors are qualified for membership of any committee established in accordance with this paragraph, or it is otherwise not reasonably practicable for the requirement that the membership of any such committee should include three members of the governing body to be satisfied, the membership of any first committee and of any appeal committee shall include such numbers of members of the governing body as the governing body may determine subject, however, to sub-paragraph (b).
6
A committee to which any functions are delegated under regulation 25(4) shall include not less than three members of the governing body, none of whom shall be the head teacher.
7
Regulations 6, 7, 9(5), 11(2), 14, 19(2) to (5) (other than the requirement for notice of meetings to be signed by the clerk), 22, 24 and the Schedule hereto shall apply to membership of any committee and to the proceedings thereof as they apply to membership of the governing body and to proceedings thereof.
8
A head teacher of a school, whether or not he is a governor thereof, shall be entitled to attend any meeting of any committee of the governing body thereof subject, however, to regulation 14(2) as applied by paragraph (7).
Reports to the governing body
27
Where any functions of the governing body of a school have been delegated to a member thereof, the head teacher or a committee established in accordance with regulation 26, that member, head teacher or committee shall report any action or decision taken in relation to those functions to the next meeting of the governing body.
PART IV
SELECTION PANELS FOR THE APPOINTMENT OF HEAD TEACHERS AND DEPUTY HEAD TEACHERS
General
28
This part shall apply in relation to any selection panel constituted in accordance with the provision made by the articles of government for any county, controlled, special agreement or maintained special school by virtue of section 36(1) of, or paragraph 22 of Schedule 2 to, the 1986 Act.
Proceedings of Selection Panel
29
1
The proceedings of a selection panel shall be under the control of the panel and any question coming or arising before such a panel shall be decided by a majority of its members (including any not voting on the question), with no member of the panel having a second or casting vote.
2
Meetings of such panels shall be requisitioned by the local education authority concerned as occasion may require: Provided that the authority shall give the governing body of the school reasonable notice of any such meeting.
3
Any question whether a person who is neither a member of such a panel nor the chief education officer of the local education authority concerned (or a member of his department nominated by him), should be entitled to attend any proceedings of the panel (including interviews), shall be decided by the panel. PART V POWER OF LOCAL EDUCATION AUTHORITY TO ACT WITHOUT CONSULTING GOVERNING BODY
Exclusion of pupils from school
30
Where–
a
a pupil has been excluded from a school in circumstances in which that pupil would, as a result of his exclusion from the school, lose an opportunity to take any public examination; and
b
the local education authority concerned wish to consult the governing body of the school with a view to exercising, as a matter of urgency, any power vested in the authority (by virtue of section 24 or 25 of the 1986 Act) of directing the head teacher of the school to reinstate the pupil, but are unable to contact the chairman or vice-chairman of the governing body;
the authority may direct the head teacher to reinstate the pupil without consulting the governing body.
Appointment of teachers at certain schools
31
Where, in the case of any county, controlled, special agreement or maintained special school, a local education authority–
a
are minded to appoint a particular person in their employ to fill a teaching post at the school in accordance with the procedure laid down by virtue of section 38(4) of the 1986 Act, or in accordance with that procedure as applied in relation to new schools by paragraph 24(1) of Schedule 2 to that Act, (the authority having had regard to any specification provided by the governing body of the school under that procedure); and
b
require (in accordance with that procedure) to consult the governing body of the school with a view to appointing that person to that post as a matter of urgency, but are unable to contact the chairman or vice-chairman of the governing body;
the authority may proceed with the appointment of that person to that post without consulting the governing body.


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 2) Order 1989, shall apply to Great Britain and shall come into force on 14th July 1989.
Amendment of the Plant Health (Great Britain) Order 1987
2
The Plant Health (Great Britain) Order 1987 shall be amended as follows:–
1
in section A of Part III of Schedule 1 after the words “4. Ditylenchus dipsaci (Kühn) Filipjev – Stem Nematode” there shall be inserted the following –
5
Frankliniella occidentalis (Pergande) – Western Flower Thrips
; and
2
in Part IIA of Schedule 3 in column 2 of Item 4 for the words “The Import and Export of Trees, Wood and Bark (Health) (Great Britain) Order 1980” there shall be substituted the words “The Plant Health (Forestry) (Great Britain) Order 1989”, and the corresponding footnote shall read “ S.I. 1989/823 ”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th June 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
13th June 1989
Peter Walker
Secretary of State for Wales
14th June 1989


text:
Citation, commencement and interpretation
1
1
This Order which may be cited as the Housing Benefit (Subsidy) Order 1989 shall come into force on 1st May 1989.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the Social Security Act 1986;
“ the Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“allowance” means a rent allowance;
“authority” means a housing, rating or local authority;
“rebate” means a rent or rate rebate;
“relevant year” means the year ending 31st March 1989;
“scheme” means the housing benefit scheme as defined in section 28 of the Act;
“subsidy” means subsidy under section 30(1) of the Act (rate rebate, rent rebate and rent allowance subsidy);
and other expressions shall have the same meaning as in the Regulations.
3
In this Order “qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less–
a
the deductions specified in article 10; and
b
where, under subsection (6) of section 28 of the Act (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
4
In this Order, reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, reference in an article or a Schedule to a numbered paragraph is to the paragraph bearing that number in that article or that Schedule.
Amount of subsidy
2
The amount of an authority’s subsidy for the relevant year–
a
for the purposes of section 30(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 3;
b
for the purposes of section 30(3) of the Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the cost of administering housing benefit calculated in accordance with Schedule 1.
Rebates and allowances
3
1
For the purposes of section 30(2) of the Act, an authority’s subsidy for the relevant year shall, subject to paragraph (2), be–
a
in the case of an authority to which articles 4, 5, 6, 7 and 8 do not apply, 97 per cent. of its qualifying expenditure;
b
in the case of an authority to which at least one of those articles is relevant–
i
97 per cent. of so much of its qualifying expenditure as remains after deducting the amount of the rebates or allowances to which each of those articles which is relevant applies; and
ii
the amount calculated in respect of the rebates or allowances under each such article,
plus, in each case, the addition, where applicable, under article 9.
2
Where the authority is the Scottish Special Housing Association or a new town corporation in Scotland, its subsidy for the relevant year shall include a further sum being–
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 3.5 per cent. of its qualifying expenditure but subject to the relevant maximum specified in column (2) of Schedule 2;
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 3.5 per cent. of so much of its qualifying expenditure as remains after the deduction set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 2.
Backdated payments
4
1
Subject to paragraph (2), where–
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Regulations (time and manner in which claims are to be made), treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and
b
any part of that authority’s qualifying expenditure is attributable to such earlier period,
that authority’s subsidy for the relevant year in respect of such part shall be 25 per cent. of the qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 7 applies.
Treatment of rent increases
5
1
Subject to paragraph (3), where any part of an authority’s qualifying expenditure is attributable to an increase exceeding 13 per cent. in the average of the eligible rents of the persons to whom it granted allowances, that authority’s subsidy for the relevant year in respect of such part shall be 25 per cent. of an amount calculated in accordance with Schedule 3.
2
In this article “rent” includes all the payments in respect of a dwelling specified in paragraph (1) of regulation 10 of the Regulations (rent), less, except where a person is separately liable for rates or charges for water, sewerage or allied environmental services, the deductions in respect of rates and such charges set out in paragraph (6) of that regulation.
3
This article shall not apply in a case to which article 7 applies.
Treatment of high rents
6
1
Subject to paragraphs (3) and (4), where any part of the qualifying expenditure of an authority within an area listed in column (1) of Schedule 4 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that authority in column (2) of that Schedule the amount of the authority’s subsidy under this article in respect of that allowance shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies–
a
if the allowance granted is the same as or less than the excess of eligible rent over the threshold, the amount shall be 25 per cent. of the qualifying expenditure attributable to such allowance;
b
if the allowance granted is greater than the excess of the eligible rent over the threshold, the amount shall be the aggregate of 25 per cent. of the portion of the qualifying expenditure attributable to such allowance which is equal to the excess and 97 per cent. of the balance.
3
Paragraph (1) shall not apply to an allowance payable by an authority in respect of–
a
rents which exceed the threshold and which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ;
b
rents which exceed the threshold but which have been referred to the rent officer and not registered by him because he is satisfied the rent is at or below the fair rent level and he has in writing so notified the authority; or
c
rents which exceed the threshold where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 applied .
4
This article shall not apply in a case to which article 7 applies.
Treatment of certain residential accommodation
7
1
Where any part of an authority’s qualifying expenditure is attributable to rebates or allowances granted under the Social Security and Housing Benefits Act 1982 to persons in respect of accommodation provided under–
a
sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation);
b
section 21(1) of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 (prevention, care and after-care); or
c
section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,
that authority’s subsidy for the relevant year in respect of such part shall be 90 per cent. of the qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 8 applies.
Overpayment of rebates or allowances
8
1
Where any part of an authority’s qualifying expenditure is attributable to an overpayment of rebates or allowances its subsidy for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the amount of that subsidy shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the qualifying expenditure attributable to the overpayment;
b
in the case of an overpayment caused by an error of a local office of the Department of Social Security, 97 per cent. of so much of the qualifying expenditure attributable to the overpayment as has not been recovered by the authority; or
c
in the case of any other overpayment, 30 per cent. of the qualifying expenditure attributable to the overpayment.
3
This article shall not apply in a case to which paragraph (15) of regulation 72 of the Regulations (time and manner in which claims are to be made) applies.
Addition to subsidy
9
Where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt, of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, the addition referred to in article 3(1) shall be equal to 30 per cent. of the amount of the duplicate payments.
Deductions to be made in calculating subsidy in respect of rebates or allowances
10
The deductions referred to in article 1(3) are of the following amounts where–
a
a tenant of an authority, who is in receipt of rent rebate, while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement–
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights and chooses or chose to be so provided; or
ii
is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,
the amounts attributable during the relevant year to such services, facilities or rights whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rent rebate to which he is entitled under the Regulations, the amount of rebate which is or was payable to him in respect of such rent-free period;
c
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of rent rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award–
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligation;
iii
made under section 137 of the Local Government Act 1972 (Power of local authorities to incur expenditure for certain purposes not otherwise authorised);
iv
except where paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased under paragraph (8) of regulation 69 of the Regulations (calculations of weekly amounts), the amount of such increase;
e
during the relevant year a rebate has been paid in advance and an overpayment has occurred because a change in the circumstances of the recipient has reduced or eliminated entitlement to such rebate, the amount overpaid calculated from the end of the second benefit week after the recipient has disclosed such change of circumstances to the authority;
f
during the relevant year an overpayment of rebate or allowance has occurred in circumstances to which regulation 91A of the Regulations (payment on account of a rent or rate rebate), or regulation 4A of the Housing Benefit (Transitional) Regulations 1987 (payments on account of housing benefit) applies, the amount of such overpayment;
g
during the relevant year rebate or allowance has been granted under the Social Security and Housing Benefits Act 1982 in excess of entitlement to a person in respect of accommodation provided under–
i
sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation);
ii
section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 (prevention, care and after-care); or
iii
section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,
the amount of such overpayment.
Modification of subsidy on payments in excess of entitlement made before 1st April 1988
11
1
Notwithstanding any provision made under the Social Security and Housing Benefits Act 1982 in respect of housing benefit paid in excess of entitlement, where an overpayment of benefit to which any such provision applies made before 1st April 1988 under that Act is discovered on or after 1st July 1988, an authority’s subsidy in respect of such a payment shall be calculated as set out in paragraph (2).
2
The amount of that subsidy shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment;
b
in the case of an overpayment caused by an error of a local office of the Department of Social Security, 97 per cent. of so much of the overpayment as has not been recovered by the authority; or
c
in the case of any other overpayment, 30 per cent. of the overpayment.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 1989
We consent,
David Maclean
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
4th April 1989


text:
Citation and Commencement
1
These Rules may be cited as the Board of Inquiry (Air Force) (Amendment) Rules 1989 and shall come into force on 31st March 1989.
Amendment to the Principal Rules
2
The Board of Inquiry (Air Force) Rules 1956 shall be amended in rule 13 by the deletion in paragraph (3)(a) of the words
“and states as the ground of his objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief,”.
George Younger
One of Her Majesty’s Principal Secretaries of State
23rd February 1989


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) (No. 3) Order 1989, shall come into force on 31st July 1989 and shall cease to have effect on 1st September 1989.
2
In this Order–
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea or the area known as CECAF Division 34.1.1 ( EC Zone) described in the Schedule hereto;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length” means–
in relation to a boat registered under Part II of the Merchant Shipping Act 1988 , the length recorded as the registered length in the Certificate of Registry, that is to say the certificate of registration of the boat under that Part;
in relation to a boat not registered under Part II of that Act, the length calculated in accordance with the rules specified in Schedule 1 to the Merchant Shipping (Fishing Vessels — Tonnage) Regulations 1988 .
Prohibition and exception
2
1
Subject to paragraph (2) of this article, fishing for cod (Gadus morhua)–
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat to which this Order applies the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
4
The Cod (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th July 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
27th July 1989
Peter Walker
Secretary of State for Wales
27th July 1989
Peter Brooke
Secretary of State for Northern Ireland
27th July 1989


text:
1
This Order may be cited as the A12 Trunk Road (Colchester Road, Havering) (Prescribed Routes) Order 1989 and shall come into force on 20th November 1989.
2
In this Order: — “Colchester Road” means the length of the trunk road in the London Borough of Havering known as Colchester Road;“central reservation” means that part of Colchester Road which separates the two carriageways of Colchester Road for the safety and guidance of vehicles using that road;“the junction” means the junction of Colchester Road with Whitelands Way;“the northeastbound right-turn lane” means the traffic lane, being part of the northeastbound carriageway of Colchester Road, which is bounded on its southern side by the central reservation, has a width of approximately 3·5 metres and extends from the junction southeastwards for a distance of 98 metres;“the southwestbound nearside lane” means the traffic lane, being a part of the southwestbound carriageway of Colchester Road, which lies nearest to its southern side, has a width of 3·5 metres and extends northeastwards from the junction for a distance of 73 metres; and“the Whitelands Way left-turn lane” means the traffic lane, being a part of the carriageway of Whitelands Way, which lies nearest to its southwestern side, has a width of approximately 5·0 metres and extends from the junction for a distance of45 metres.
3
Every person causing any vehicle to proceed in the northeastbound right-turn lane shall cause that vehicle to turn right into Whitelands Way.
4
Every person causing any vehicle to proceed in the southwestbound nearside lane shall, upon reaching the junction, either continue southwestwards across the junction or turn left into Whitelands Way.
5
Every person causing any vehicle to proceed in the Whitelands Way left-turn lane shall cause that vehicle to turn left into Colchester Road.
6
Every person causing any vehicle to proceed in any traffic lane of the northeastbound carriageway of Colchester Road, other than in the northeastbound right-turn lane, shall, upon reaching the junction, continue northeastwards.
7
Every person causing any vehicle to proceed in any traffic lane of the southwestbound carriageway of Colchester Road, other than in the southwestbound nearside lane, shall, upon reaching the junction, continue southwestwards.
8
Every person causing any vehicle to proceed northwestwards in Whitelands Way, other than in the Whitelands Way left-turn lane, shall, upon reaching the junction, turn right into the northeastbound carriageway of Colchester Road.
9
No person shall cause or permit any vehicle proceeding in Colchester Road to make a “U”-turn so as to proceed in the opposite direction to that in which it was proceeding —
a
at the northeastern side of the junction; and
b
at the southwestern side of the junction.
10
Nothing in the Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by the authority of the Secretary of State
S. Chatterjee
Director (Transport)
London Regional Office of the Department of Transport
16th November 1989


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping Act 1988 (Amendment) Order 1989 and shall come into force on 2nd November 1989.
Application
2
1
This Order applies to any fishing vessel which —
a
immediately before 1st April 1989 —
i
was by virtue of section 13(3) of the Merchant Shipping Act 1988 registered under Part I of the Merchant Shipping Act 1894 , under section 373 of that Act (registry of British fishing boats) or under the Sea Fishing Boats (Scotland) Act 1886 , and
ii
was used for sea fishing as a British fishing boat pursuant to a licence granted under section 4 of the Sea Fish (Conservation) Act 1967 ; and
b
on 1st April 1989 was ineligible for registry under Part II of the Merchant Shipping Act 1988 by reason only of the requirement of British citizenship imposed by virtue of section 14(7) of that Act.
2
In this Order “fishing vessel” has the same meaning as in Part II of the Merchant Shipping Act 1988.
Modification of Merchant Shipping Act 1988 for certain fishing vessels
3
In relation to a fishing vessel to which this Order applies, section 14 of the Merchant Shipping Act 1988 shall, so long as this Order remains in force, have effect as if —
a
for “British-owned” in paragraph (a) of subsection (1) and in subsection (2) there was substituted “Community-owned”; and
b
in the definition of “qualified person” in subsection (7), after “British citizen” there were inserted “or a national of a member State other than the United Kingdom and in either case”.
G. I. de Deney
Clerk of the Privy Council


text:
Commencement and interpretation
1
1
These Rules may be cited as the Community Service Orders Rules 1989 and shall come into force on 1st April 1989.
2
In these Rules–
“the Act of 1973 ” means the Powers of Criminal Courts Act 1973;
“offender” means a person in respect of whom a community service order is in force;
“relevant officer” has the same meaning as it has in sections 14 to 17 of the Act of 1973;
“supervisor” means the person appointed to supervise the performance of work under the community service order at any particular time and who is responsible for ensuring that the work is satisfactorily performed;
“working day” means any day other than a Saturday or Sunday, Good Friday, Christmas Day or any bank holiday.
Arrangements for persons to perform work under community service orders Information for offenders
2
1
Every probation committee shall make arrangements for persons subject to community service orders in its area to be given written information in ordinary language concerning such orders, including information as to the meaning of community service and the obligations of offenders, guidance as to attendance and the action to be taken by an offender if prevented from attending work by illness or other unavoidable reason, and information as to the consequences which may follow under section 16 of the Act of 1973 if an offender fails to comply with the requirements of an order and as to the powers of the courts to amend and revoke orders under section 17 of that Act.
2
The relevant officer shall, on the first occasion on which an offender reports to him, ensure that the offender is given a copy of the written information mentioned in the preceding paragraph and that he understands it.
Group placements, etc
3
1
Every probation committee shall secure that the arrangements for persons to perform work under community service orders for its area shall include provision–
a
for work to be available designed to improve the appearance and amenities of the neighbourhood, and
b
to enable every person in respect of whom a community service order is made specifying a number of hours of not less than 60 to be required to perform work for at least 21 of those hours in a group placement.
2
Subject to paragraph (3) below, every person required to work under any community service order made on or after the date on which these Rules come into force which specifies a number of hours of at least 60 shall be required to perform work in a group placement for at least 21 of those hours.
3
The preceding paragraph shall not apply to any offender–
a
who is considered by the relevant officer to be physically or mentally unsuited to work in a group placement; or
b
who is unsuited to work in a group placement because he is considered by the relevant officer to be likely to disrupt the work of other offenders or be a bad influence on them; or
c
who could perform work in a group placement only by travelling for at least two hours in each direction before and after a period of work; or
d
who is considered by the relevant officer to have special domestic responsibilities and who could perform work in a group placement only by travelling for at least one hour in each direction before and after a period of work.
4
For the purposes of this rule,“work in a group placement” means work of a manual nature in which at least one other offender has been instructed to participate at the same time.
Commencement of work
4
1
Subject to paragraph (2) below, the relevant officer shall arrange for an offender’s performance of work under the order to begin no later than the tenth working day following that on which the relevant officer is notified that the community service order in question has been made.
2
The relevant officer may permit an offender to begin to perform work under a community service order later than the tenth working day following that on which he is notified of the making of the order if the relevant officer is unable before then to obtain sufficient information about the offender and his circumstances to enable him to satisfy himself that the work then available may be performed by that offender without undue risk to the public, or if the illness of the offender or other exceptional circumstances make such delay unavoidable.
Reckoning of time worked under community service orders
5
Time spent by an offender in travelling shall not be reckoned as time worked under the order except where he travels under the supervision of his supervisor.
6
1
While performing work under a community service order an offender shall be required to comply with any reasonable directions of the supervisor as to the manner in which the work is to be performed and with any rules reasonably imposed by the supervisor in the place of work having regard to the circumstances of that workplace, the interests of health or safety or the interests and well-being of other persons present.
2
Where an offender–
a
fails to comply with any such direction or rule as is mentioned in the preceding paragraph or
b
in any other way fails satisfactorily to perform the work he has been instructed to do or
c
behaves in a disorderly or disruptive manner or in a manner likely to give offence to members of the public or any person for whose benefit the work is being performed or
d
reports for work later than the appointed time
he may (without prejudice to any proceedings for failure to comply with the requirements of the community service order under section 16 of the Act of 1973) be required to cease work that day and may in addition be required to leave the place of work forthwith; and where he is so required to cease work, the relevant officer may direct that some or all of any period of work for that day shall not be reckoned as time worked under the community service order.
7
1
Where bad weather prevents the performance of work for a continuous period of at least 30 minutes, it shall be open to the supervisor, at the request of the person or organisation for whose benefit the work is being performed, to require the offender to remain in the expectation of its being possible to resume work; in any other case the supervisor may make arrangements for the offender to perform work at some other place or, where that is not practicable, shall dismiss the offender for the remainder of that day.
2
Any time during which bad weather prevents or interrupts the performance of work may not be reckoned as time worked under a community service order except that–
a
subject to paragraph (b) below, not more than one hour during which the offender remains at the place of work in the charge of the supervisor may be reckoned as time worked, and
b
where the supervisor, at the request of the person or organisation for whose benefit the work is being performed requires the offender to remain, the whole of the time during which the offender so remains may be reckoned as time worked.
Failure to attend, etc
8
1
Where an offender fails to attend for work on a day when he has been instructed to do so by the relevant officer or where he is required to cease work in accordance with rule 6(2) above, the supervisor shall take steps to inform the relevant officer of the failure or other alleged misconduct; and the relevant officer shall, on the day on which he is so informed or the next following working day, seek (orally or in writing) from the offender an explanation for the failure or his account of the misconduct.
2
The relevant officer shall make a record of the explanation or account. He shall also record his opinion as to whether an explanation for a failure to attend or to attend on time amounts to a valid reason for the failure. In considering whether or not there was a valid reason, the relevant officer shall have regard to whether or not any failure to attend or lateness in attendance was due to medical reasons, family or religious responsibilities, requirements of the offender’s employment or other circumstances beyond the control of the offender, and in each case whether the circumstances arose so late that it was reasonable for the offender to have failed to inform the relevant officer in advance and to seek fresh instructions from him.
3
In a case in which the relevant officer considers that there was not a valid reason for a failure to attend or that there has been a failure to comply with any other requirement of the community service order, he shall either–
a
lay an information before a justice of the peace in accordance with section 16(1) of the Act of 1973, or
b
send a warning letter to the offender reminding him of his obligations under the community service order and of the consequences which may follow under the said section 16 if he fails again to comply with its requirements.
Records
9
1
Every probation committee shall secure that arrangements are made for records to be kept of the work done by offenders in its area, and for such records to be maintained in an identical form in respect of each such offender.
2
The relevant officer or a person nominated by him shall make a report on an offender in respect of any week during which the offender has been instructed to perform work under the order. Such report shall include a record of the time worked during the week in question, the total time worked under the order and the number of hours which remain to be worked. A copy of each such report shall be given to the offender and, if it is made by another person, to the relevant officer.
3
The relevant officer shall maintain records of any action taken by him in pursuance of rule 8(3) above.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
14th February 1989


text:
1
This Order may be cited as the Parliamentary and other Pensions Act 1987 (Commencement No. 2) Order 1989.
2
The provisions of the Parliamentary and other Pensions Act 1987, to the extent that they are not already then in force, shall come into force on 24th May 1989.
John Wakeham
Leader of the House of Commons
Privy Council Office
24th May 1989


text:
PART I
Citation and commencement
1
This Order may be cited as the London Government Reorganisation (Hampstead Heath) Order 1989 and shall come into force on 30th March 1989.
Interpretation
2
In this Order –
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1986 Order ” means the Local Government Reorganisation (Property, etc. ) Order 1986 ;
“ the City ” means the Common Council of the City of London and, in relation to the vesting of property, means the Mayor and Commonalty and Citizens of the City of London acting by the Common Council; and for the purposes of this definition references to the Common Council are references to that body in a capacity other than as local authority, police authority or port health authority;
“Council member” means a member of the Common Council of the City of London;
“the Heath lands” means –
the land which vested in the Residuary Body by virtue of article 13(3) of the 1986 Order; and
any land acquired by that Body after 1st April 1986 and held by that Body immediately before the transfer date for the purposes of the better management of the land mentioned in sub-paragraph (a) or by way of an addition to that land;
“the Kenwood lands” means such land adjacent to Kenwood House as is specified in article 13(1) of the 1986 Order;
“the Residuary Body” means the London Residuary Body;
“the transfer date” means 31st March 1989.
PART II
Transfer of the Heath lands
3
On the transfer date there shall vest in the City all interests of the Residuary Body in the Heath lands.
Transfer of rights and liabilities
4
On the transfer date there shall vest in the City all rights and liabilities of the Residuary Body –
a
relating to or connected with the Heath lands; or
b
attributable to any notice served by that Body on the council of the London Borough of Camden pursuant to article 21(2) of the 1986 Order in connection with that Body’s functions in respect of the Heath lands.
Functions of the City
5
1
Subject to paragraph (2), the functions that were exercisable by the Greater London Council immediately before 1st April 1986 in respect of, or in connection with, such part of the Heath lands as was vested by the 1986 Order, shall be exercisable by the City on and after the transfer date in respect of, or in connection with, all the Heath lands.
2
The City shall not exercise any power to dispose of land as respects any part of the Heath lands.
3
Without prejudice to the generality of paragraph (1), the functions exercisable by the City by virtue of that paragraph include functions under –
a
the Hampstead Heath Act 1871 ;
b
the Hampstead Heath Enlargement Acts 1886 and 1888 ;
c
section 28 of the London County Council (General Powers) Act 1899 ;
d
sections 27 and 28 of the London County Council (General Powers) Act 1905 ;
e
the Open Spaces Act 1906 ;
f
the Greater London Parks and Open Spaces Order 1967 ;
g
section 120 of the 1972 Act (acquisition of land by agreement);
h
section 145 of the 1972 Act (provision of entertainments); and
i
section 19 of the Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities).
4
the purpose of giving effect to paragraph (1)–
a
references in the provisions mentioned in paragraph (3)(a) to (f) to any authority shall, where appropriate, be deemed to include references to the City;
b
without prejudice to section 32 of the Local Government (Miscellaneous Provisions) Act 1976 (power of local authorities to execute works outside their areas), the Heath lands shall be deemed to be land within the City of London for the purposes of the provisions mentioned in paragraph (3)(a) to (d); and
c
the City shall be treated as a principal council for the purposes of section 120 of the 1972 Act.
5
Any function exercisable by the City otherwise than by virtue of this Order shall not be exercised in respect of, or in connection with, the Heath lands.
PART III
Financial arrangements
6
1
Immediately before the transfer date the Residuary Body shall set aside from the reserved amount of their direct capital receipts the sum of £19.067 millions.
2
On the transfer date, the Residuary Body shall pay that sum to the City; and the City shall credit –
a
the sum of £15 millions to the Hampstead Heath Trust Fund (“the Trust Fund”) which, subject to article 7, shall be applied for defraying expenditure on the management and maintenance of the Heath lands; and
b
the sum of £4.067 millions to the Hampstead Heath Works Fund which shall be applied for defraying expenditure on work of any of the descriptions specified in Schedule 1 on, or in connection with, the Heath lands.
3
For the purposes of this article –
a
“direct capital receipts” has the same meaning as in article 2(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1988 ; and
b
“the reserved amount” means the sum of £70 millions referred to at the end of the definition of “R” in paragraph 2 of Schedule 3 to that Order.
Further restrictions on use of the Trust Fund
7
1
In each of the financial years ending 31st March 1990, 31st March 1991 and 31st March 1992 the City may apply the money in the Trust Fund for defraying no more than 4/9ths of its expenditure in that year on the management and maintenance of the Heath lands.
2
In each financial year commencing with the financial year beginning 1st April 1992, the City may defray part of its expenditure on the management and maintenance of the Heath lands by applying such amount of the money in the Trust Fund as does not exceed the maximum contribution for that year.
3
For the purposes of paragraph (2), the maximum contribution is the amount determined in accordance with Schedule 2.
PART IV
The Hampstead Heath Management Committee
8
1
The City shall no later than one month after this Order comes into force appoint a committee to be known as the Hampstead Heath Management Committee (“the Management Committee”) for the purposes of giving advice on, and implementing, the City’s policies and programmes of work in relation to the Heath lands; and in fulfilling those purposes, the Management Committee shall have regard to any representations made to it by the Consultative Committee appointed in accordance with article 9.
2
The Management Committee shall consist of not less than 18 members appointed by the City.
3
At least six of the members of the Management Committee shall be appointed from among persons who are neither Council members nor employees of the City; and of these –
a
one shall be appointed after consultation with the Council of the London Borough of Barnet;
b
one shall be appointed after consultation with the Council of the London Borough of Camden;
c
one shall be appointed after consultation with the owners for the time being of the Kenwood lands; and
d
three shall be appointed after consultation with such bodies appearing to the City to represent local, ecological, environmental or sporting interests as it considers appropriate.
4
Schedule 3 to this Order shall have effect for the purposes of supplementing this article.
The Hampstead Heath Consultative Committee
9
1
The City shall within three months of the coming into force of this Order appoint a committee to be known as the Hampstead Heath Consultative Committee (“the Consultative Committee”) for the purposes of making representations to the Management Committee about any matter which, in the opinion of the Consultative Committee, affects or is likely to affect the Heath lands.
2
Schedule 4 to this Order shall have effect for the purposes of supplementing this article.
PART V
Consequential provision
10
Articles 5(2) and (5) shall apply in relation to land acquired by the City pursuant to article 5(1) as if that land were part of the Heath lands; and references in articles 6 to 9 to the Heath lands shall be taken to include references to land so acquired.
Continuity of the exercise of functions
11
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes the function of the City shall, so far as is required for continuing its effect after the transfer date, have effect as if done by or in relation to the City.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, byelaw, decision, or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such manner as may be appropriate in consequence of this Order.
Nicholas Ridley
Secretary of State for the Environment
2nd March 1989


text:
1
This Order may be cited as the Income Tax (Reduced and Composite Rate) Order 1989 and shall come into force on 6th April 1990.
2
The Treasury hereby determine that the rate which, under the provisions of the said section 483, shall for the year 1990–91 be the reduced rate (for building societies) and the composite rate (for deposit-takers) shall be 22 per cent.
David Lightbown
Tom Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1989


text:
1
The Principal Scheme is hereby varied by substituting for the lengths of road described in Schedule 1 of this Scheme (hereinafter referred to as “the superseded lengths” and contained in paragraph 3(2)(c) and (d) of the Schedule to the Principal Scheme) the lengths of road described in Schedule 2 to this Scheme (hereinafter referred to as “the substituted lengths”).
2
The effect of the variation to the Principal Scheme made by article 1 of this Scheme is shown on the deposited plan, the superseded lengths being shown by thin black hatching on Schedule 1 of the said plan and the substituted lengths being shown by solid black lines on Schedule 2 of that plan.
3
The substituted lengths shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme–
“the deposited plan” means the plan numbered HA 16/1 WO2 marked “The East of Christchurch–Tredegar Park Motorway (Connecting Roads Special Roads) (Variation) Scheme 1989” signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“the Principal Scheme” means “The East of Christchurch–Tredegar Park Motorway Connecting Roads Special Roads Scheme 1965 ”;
“ the Motorway ” means the M4 Motorway;
“the new Trunk Road Order ” means the “M4/Newport–Shrewsbury Trunk Road A4042 (Relief of Brynglas Tunnels and Malpas Road) Order 1989”;
“the reference point” means the point of intersection of the centre line of the Motorway and the centre line of Caerleon Road (B4596); and
“the roundabout” means the existing roundabout at Junction 25 of the Motorway (Caerleon Interchange).
This Scheme shall come into force on 20th October 1989 and may be cited as The East of Christchurch–Tredegar Park Motorway (Connecting Roads Special Roads) (Variation) Scheme 1989.
Signed by authority of the Secretary of State for Wales.
H. R. Bollington
An Assistant Secretary,Welsh Office
4th October 1989


text:
Citation, commencement and introduction
1
This Order may be cited as the Transport Act 1985 (Extension of Eligibility for Travel Concessions) (Amendment) Order 1989 and shall come into force on 1st January 1990.
2
The Transport Act 1985 (Extension of Eligibility for Travel Concessions) Order 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendment of interpretation
3
In article 2–
a
for the words ““the 1972 Act ” means the Road Traffic Act 1972;” there shall be substituted the words “ “the 1988 Act ” means the Road Traffic Act 1988” ;
b
in the definition of “driving licence” for the words “Part III of the 1972 Act” there shall be substituted the words “Part III of the 1988 Act”.
Amendment of eligible classes in England and Wales
4
In article 3–
a
for paragraph (1)(b) there shall be substituted–
b
persons–
i
to whom the Secretary of State has refused to grant driving licences pursuant to section 92 of the 1988 Act; or
ii
whose driving licences have been revoked by the Secretary of State pursuant to section 93 of the 1988 Act;
;
b
after paragraph (1)(b) there shall be inserted the following sub-paragraph–
bb
persons who in the opinion of the authority or any of the authorities responsible for administration of the travel concession scheme in question are the persons referred to in paragraph (1A);
; and
c
after paragraph (1) there shall be inserted the following paragraph–
1A
The persons mentioned in paragraph (1)(bb) are persons who if they applied to the Secretary of State for the grant of a driving licence would be likely to be refused such a grant pursuant to section 92 of the 1988 Act.
.
Amendment of eligible classes in Scotland
5
In article 4–
a
for paragraph (1)(a) there shall be substituted–
a
persons–
i
to whom the Secretary of State has refused to grant driving licences pursuant to section 92 of the 1988 Act; or
ii
whose driving licences have been revoked by the Secretary of State pursuant to section 93 of the 1988 Act;
;
b
after paragraph (1)(a) there shall be inserted the following sub-paragraph–
aa
persons who in the opinion of the authority or any of the authorities responsible for administration of the travel concession scheme in question are the persons referred to in paragraph (1A);
; and
c
after paragraph (1) there shall be inserted the following paragraph–
1A
The persons mentioned in paragraph (1)(aa) are persons who if they applied to the Secretary of State for the grant of a driving licence would be likely to be refused such a grant pursuant to section 92 of the 1988 Act.
.
Cecil Parkinson
Secretary of State for Transport
1st December 1989
Malcolm Rifkind
Secretary of State for Scotland
5th December 1989
Peter Walker
Secretary of State for Wales
3rd December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Enforcing Authority) Regulations 1989 and shall come into force on 1st April 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“agricultural activities” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use; and for this purpose “livestock breeding and keeping” does not include activities the main purpose of which is entertainment or the breeding or keeping of livestock at a shop;
“ the Commission ” means the Health and Safety Commission;
“common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;
“construction work” means a “building operation” or a “work of engineering construction” within the meanings assigned to those expressions by section 176(1) of the Factories Act 1961 ;
“contractor” means a self-employed person, or an employer of persons, carrying out construction work, except that in the case of a self-employed person who contracts to provide his labour only to another person, it shall mean that other person;
“dangerous substance” has the meaning assigned to it by regulation 2(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 ;
“dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988 ;
“electricity system” does not include the consumer’s installation within the meaning of regulation 3(1) of the Electricity Supply Regulations 1988 ;
“ the Executive ” means the Health and Safety Executive;
“fairground” means any part of premises which is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered childrens' playground equipment or a swimming pool slide;
“gas” has the meaning assigned to it by section 48 of the Gas Act 1986 ;
“gas fitting” has the meaning assigned to it by section 48 of the Gas Act 1986;
“gas system” does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;
“ionising radiation” has the meaning assigned to it by regulation 2(1) of the Ionising Radiations Regulations 1985 ;
“livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;
“local authority” means —
in relation to England and Wales, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly;
in relation to Scotland, an islands or district council;
“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954 ;
“office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machinecalculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;
“pleasure craft” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988 ;
“quarry” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;
“railway” means a railway or tramway with (in either case) a gauge of 350 millimetres or more;
“theatre” does not include a cinema;
“transport undertaking” means an undertaking primarily engaged in the transport of passengers or goods;
“veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 1966 ;
“work” in relation to a gas fitting has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations 1984 ;
“zoo” has the meaning assigned to it by section 1(2) of the Zoo Licensing Act 1981 .
2
In these Regulations (except regulation 4(8)), unless the context otherwise requires, any reference to the enforcing authority for premises or parts of premises is a reference to the enforcing authority for the relevant statutory provisions in relation to those premises or parts, as the case may be, and to any activity carried on in them.
3
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Local authorities to be enforcing authorities in certain cases
3
1
Where the main activity carried on in non-domestic premises is specified in Schedule 1, the local authority for the area in which those premises are situated shall be the enforcing authority for them, and the Executive shall be the enforcing authority in any other case.
2
Where such premises are occupied by more than one occupier each part separately occupied shall be regarded as being separate premises for the purposes of paragraph (1).
3
Where paragraph (2) applies, the local authority shall be the enforcing authority for the common parts, except that if the Executive is the enforcing authority for —
a
all other parts of the premises, the Executive shall be the enforcing authority for the common parts;
b
any other part of the premises and the occupier of that part has any obligations under the relevant statutory provisions for any matters appertaining to the common parts, the Executive shall be the enforcing authority for those provisions in respect of such matters.
4
Paragraph (2) shall not apply to —
a
any land within the perimeter of an airport;
b
the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987 ;
c
an offshore installation within the meaning of section 1(4) of the Mineral Workings (Offshore Installations) Act 1971 ;
d
a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purpose of or in connection with such work;
e
the campus of a university, polytechnic, college, school or similar educational establishment;
f
a hospital;and the Executive shall be the enforcing authority for the whole of any such premises.
5
In relation to a railway operated by the British Railways Board, London Regional Transport or a subsidiary of that body, Tyne and Wear Passenger Transport Executive or Strathclyde Passenger Transport Executive, notwithstanding paragraph (3), the Executive shall be the enforcing authority for the common parts in a railway station or in a goods yard served by the railway.
6
Where any part of premises at or adjacent to a railway track or railway station is occupied by a railway undertaking not mentioned in paragraph (5), then notwithstanding paragraph (2), the Executive shall be the enforcing authority for the whole premises.
7
This regulation shall have effect subject to regulations 4, 5 and 6.
Exceptions
4
1
The Executive shall be the enforcing authority for —
a
the enforcement of any of the relevant statutory provisions against a body specified in paragraph (3) or the officers or servants of such a body;
b
any part of premises occupied by such a body.
2
Where premises are mainly occupied by a body specified in paragraph (3) and are partly occupied by another person for the purpose of providing services at the premises for that body, the Executive shall be the enforcing authority for the part of the premises occupied by that other person.
3
The bodies referred to in paragraphs (1) and (2) are —
a
a local authority as defined in regulation 2;
b
Parish Councils in England and Community Councils in Wales and Scotland;
c
any other local authority within the meaning of section 53(1) of the 1974 Act;
d
a police authority or the Receiver for the Metropolitan Police District;
e
a fire authority within the meaning of section 43(1) of the Fire Precautions Act 1971 ;
f
a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964 ; or a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952 ;
g
the United Kingdom Atomic Energy Authority;
h
the Crown, but regulation 3 shall apply to any part of premises occupied by the Executive and to any activity carried on there.
4
The Executive shall be the enforcing authority for premises if the main activity carried on there is indoor sports and any body referred to in paragraph (3)(a) to (c) has any duty under section 4 of the 1974 Act in respect of those premises or any plant therein.
5
The Executive shall be the enforcing authority for —
a
section 6 of the 1974 Act;
b
the other relevant statutory provisions in respect of any activity specified in Schedule 2 (whether or not it is the main activity carried on in premises).
6
Regulation 3 and the preceding provisions of this regulation shall have effect subject to any provisions made for enforcement responsibility by other regulations made under the 1974 Act or by any of the existing statutory provisions.
7
The preceding provisions of this regulation shall have effect subject to regulations 5 and 6.
8
Notwithstanding regulation 3 and the preceding provisions of this regulation, an authority empowered to grant a licence for a factory, magazine or store or to register premises under the 1875 Act shall be the enforcing authority for the 1875 Act in relation to such factory, magazine, store or premises, as the case may be; and in this paragraph “the 1875 Act” means such provisions of the Explosives Act 1875 and such Orders in Council, Orders, Byelaws, Regulations and Rules made thereunder as are relevant statutory provisions.
Arrangements enabling responsibility for enforcement to be transferred
5
1
The responsibility for enforcing any of the relevant statutory provisions in respect of any particular premises, part of premises, or any activity carried on there may be transferred from the Executive to the local authority or from the local authority to the Executive.
2
A transfer may be made only by agreement between the enforcing authority which has the current responsibility and the authority to which it proposed to transfer it, or by the Commission.
3
Where a transfer has been made, the authority to which responsibility has been transferred shall cause notice of the transfer to be given to persons affected by it, and where a transfer has been made by the Commission the Commission shall cause notice of it to be given to both enforcing authorities concerned.
4
The preceding provisions of this regulation shall not apply to any part of premises occupied by the Crown or to any activity carried on there but responsibility for enforcing any of the relevant statutory provisions in respect of office activities and the premises used for them may be transferred by an agreement between the Executive, the local authority concerned and the Government Department or other public body concerned.
Arrangements enabling responsibility for enforcement to be assigned in cases of uncertainty
6
1
The responsibility for enforcing any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there may be assigned to the Executive or to the local authority; and an assignment under this paragraph may be made only by the Executive and the local authority jointly and only where they agree —
a
that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act; and
b
which authority is more appropriate to be responsible for enforcement in that case;and where such an assignment is made the authority to which responsibility has been assigned shall cause notice of assignment to be given to persons affected by it.
2
For the purpose of removing uncertainty in any particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act either the Executive or the local authority may apply to the Commission and where the Commission considers that there is uncertainty it shall, after considering the circumstances and any views which may have been expressed to them by either enforcing authority or by persons affected, assign responsibility to whichever authority it considers appropriate; and where such an assignment is made the Commission shall cause notice of the assignment to be given to both enforcing authorities concerned and to persons affected by it.
Repeals and revocations
7
1
Sections 52(5) and 83(5) of the Offices, Shops and Railway Premises Act 1963 are hereby repealed.
2
The following Regulations are hereby revoked —
a
The Health and Safety (Enforcing Authority) Regulations 1977 ;
b
The Health and Safety (Enforcing Authority) (Amendment) Regulations 1980 ;
c
The Health and Safety (Enforcing Authority) (Amendment) Regulations 1985 .
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
16th October 1989


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) Order 1989 and shall come into force on 6th July 1989.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 12.25 per cent. per annum.
TABLE
Section 8 of the Finance ( No. 2) Act 1947 (unpaid profits tax, excess profits tax and excess profits levy) Paragraph 10(1) of Schedule 7 to the Finance Act 1960 (unpaid profits tax recovered to make good loss due to taxpayer’s fault) Sections 86 , 86A , 87 and 88 of the Taxes Management Act 1970 (unpaid income tax, surtax, capital gains tax, corporation tax, including advance corporation tax, development land tax, and overpaid development land tax) Paragraph 15(1) of Schedule 2 to the Oil Taxation Act 1975 (unpaid petroleum revenue tax)
3
The prescribed rate of interest for the purposes of section 47(1) of the Finance (No. 2) Act 1975 and sections 824(1) and 825(2) of the Income and Corporation Taxes Act 1988 (supplement in respect of repayments of certain taxes) shall be 12.25 per cent. per annum.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 1989


text:
1
This Order may be cited as the Visiting Forces (Designation) Order 1989, and shall come into force forthwith.
2
The Kingdom of Spain is hereby designated for the purposes of all the provisions of the Visiting Forces Act 1952 following section 1(2).
3
This Order shall not extend to any of the territories specified in section 15(3) of the Visiting Forces Act 1952.
G. I. de Deney
Clerk of the Privy Council