text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1989.
2
Subject to paragraphs (3) to (6) below, this Order shall come into force for the purposes of articles 1, 2, 18 and 19 on 1st April 1989, for the purposes of article 10 on 2nd April 1989, for the purposes of articles 9 and 12 on 6th April 1989, for the purposes of articles 13 and 14 on 11th April 1989, and for all other purposes on 10th April 1989.
3
Articles 15, 16 and 17 of this Order shall come into force in relation to any particular beneficiary at the beginning of the first benefit week to commence for that beneficiary on or after 10th April 1989, and for this purpose “benefit week” has the same meaning as in the Income Support Regulations .
4
Article 18 of this Order shall come into force in relation to any case to which paragraph (5) below applies on 1st April 1989, and in any other case on 3rd April 1989.
5
This paragraph applies in any case where –
a
rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof; or
b
payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof.
6
The increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 5 of the Order.
Interpretation
2
In this Order, unless the context otherwise requires –
“the 1975 Act” means the Social Security Act 1975 ;
“the 1986 Act ” means the Social Security Act 1986;
“the Pensions Act” means the Social Security Pensions Act 1975
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
“the Community Charge Rebates Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988
PART II
SOCIAL SECURITY BENEFITS
Alterations in rates or amounts of certain benefits under the 1975 Act
3
1
In this article, “Schedule 4” means Schedule 4 to the 1975 Act .
2
The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 5 below; and Schedule 4 shall accordingly have effect as set out in Schedule 1 to this Order.
3
The sums mentioned in paragraph (2) above are the sums specified in Parts I, III , IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increase of benefits for dependants and rates or amounts of industrial injuries benefits, respectively), except in Part III the sum specified for age addition.
Increase of rates or amounts of certain benefits under the Pensions Act
4
1
The sums specfied in paragraphs (2) and (3) below shall be increased from and including the respective dates specified in article 5 below.
2
In section 6(1)(a) of the Pensions Act (basic pension in a Category A retirement pension) –
a
so far as the sum is relevant for the purpose of calculating under section 14(6) of the 1975 Act the rate of sickness benefit, for the sum of £39.45 there shall be substituted the sum of £41.80.
b
except so far as mentioned in sub-paragraph (a) above, for the sum of £41.15 there shall be substituted the sum of £43.60.
3
It is hereby directed that the sums which are –
a
the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1988/89,
b
the increases in the rates of retirement pensions under Schedule 1 to the Pensions Act (increases of pension where pensioner defers retirement), and
c
i
payable by virtue of section 35(6) of the Pensions Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 36(3)); or
ii
payable to such a person as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the 1975 Act or section 63 of the 1986 Act,
shall in each case be increased by 5.9 per cent. of their amount apart from this Order.
Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are increased by this Order
5
1
The following provisions of this article specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case.
2
In relation to the case of a person over pensionable age who has not retired from regular employment and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with section 14(6) or 15(4) of the 1975 Act , the increases in the sums mentioned in articles 3, 4 and 7 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependents) shall take effect on 13th April 1989 and in relation to all other cases the increases in such sums shall take effect on 10th April 1989.
3
The increase in the sums mentioned in article 4(3)(c) shall take effect on 10th April 1989.
4
The increases in the sums specified for the rate of maternity allowance, widow’s allowance , widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), guardian’s allowance and industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children (together with, where appropriate, increases for dependants) shall in all cases take effect on 10th April 1989.
5
The increases in the sums specified for the rate of mobility allowance, invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) (together with, where appropriate, increases for dependants), disablement benefit (together with increases of disablement pension), maximum disablement gratuity under section 57(5) of the 1975 Act , increase of unemployability supplement under section 59 of the 1975 Act and maximum, under section 91(1) of the 1975 Act, of the aggregate of weekly benefit payable for successive accidents, shall in all cases take effect from 12th April 1989.
6
Where a person’s weekly rate of Category A or B retirement pension falls to be increased under the provisions of section 28(7) or 29(8) of the 1975 Act by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 10th April 1989 and where it does not fall to be so increased the sum so specified shall take effect on 13th April 1989.
7
The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increase for dependants), shall take effect in all cases on 13th April 1989.
Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975
6
In the Industrial Injuries and Diseases (Old Cases) Act 1975 the sum of £24.75 referred to in section 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and section 7(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 12th April 1989 for that sum in section 2(6)(c), and from and including 13th April 1989 for that sum in section 7(2)(b), there shall be substituted the sum of £26.20.
Increase in rate of graduate retirement benefit and increments thereof
7
1
In the National Insurance Act 1965 the sum of 5.39 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 5.9 per cent.; and from and including 10th April 1989 the reference in that provision to that sum shall accordingly have effect as a reference to 5.71 pence
2
It is hereby directed that the sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 (increases for deferred retirement) shall be increased by 5.9 per cent. of their amount apart from this Order.
Sum specified for child benefit
8
In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) –
a
in paragraph (1), the sum specified is £7.25; and
b
in paragraph (2), for the sum of £4.90, there shall be substituted the sum of £5.20.
Statutory Sick Pay
9
1
The sums specified in section 7(1) of the Social Security and Housing Benefits Act 1982 (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) shall be increased in accordance with the following provisions of this article.
2
In section 7(1)(a) for the sums of £49.20 and £79.50 there shall be substituted the sums of £52.10 and £84.00 respectively.
3
In section 7(1)(b) for the sum of £34.25 there shall be substituted the sum of £36.25.
Statutory Maternity Pay
10
The sum specified in regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) shall be increased by the substitution for the sum of £34.25 of the sum of £36.25.
Earnings Limits
11
1
The sum specified in subsection (1) of section 30 of the 1975 Act (Category A and B retirement pensions where pensioner has earnings) is £75 and the sums specified –
a
in paragraph (a) of that subsection, are £4, 5 pence and 10 pence respectively, and
b
in paragraph (b) of that subsection, are £4, 5 pence, 10 pence, £4, 5 pence and 5 pence respectively.
2
The sums specified in section 41(2B) of the 1975 Act (earnings limits for child dependency increases shall be increased from £90, £11 and £90 to £95, £12 and £95 respectively.
Statutory Sick Pay transitional provision
12
Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1989 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or treated for the purpose of section 7(1) of the Social Security and Housing Benefits Act 1982 as not less than £79.50, they shall be treated as not less than £84.00 for the remainder of that period.
PART III
FAMILY CREDIT, INCOME SUPPORT AND HOUSING BENEFIT
Family Credit
13
In the Family Credit Regulations –
a
in regulation 46(4) (determination of appropriate maximum family credit), the sum prescribed is £3,000;
b
in regulation 47 (applicable amount for family credit) for the sum of £51.45 there shall be substituted the sum of £54.80; and
c
in paragraph 19 of Schedule 2 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.
Sums prescribed for the purpose of Family Credit
14
The sums prescribed in Schedule 4 to the Family Credit Regulations (determination of maximum family credit), shall be increased as from 11th April 1989; and Schedule 4 shall accordingly have effect as set out in Schedule 2 to this Order.
Applicable amounts for Income Support
15
1
As from 10th April 1989 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules to the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), and in paragraph 14(a) of Part III of Schedule 2, paragraph 1(2) of Part I of Schedule 4 and paragraph 1(2) of Part I of Schedule 5, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 3 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (family premium) for the sum of £6.15 there shall be substituted the sum of £6.50.
5
The sums specified in Part IV of Schedule 2 (weekly amounts of premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 4 to this Order.
6
In paragraph 11(1) of Schedule 3 (housing costs: non-dependent deductions) for the sums of £11.20, £8.20, £6.45 and £3.45 there shall be substituted the sums of £12.50, £9.15, £7.20 and £3.85 respectively.
7
paragraph 11(2) of Schedule 3 for the sum of £49.20 there shall be substituted the sum of £52.10.
8
In any provision of Schedule 4 (applicable amounts of persons in residential care and nursing homes) shown in column (1) of Part I of Schedule 5 to this Order, for the sum shown against that provision in Column (2) there shall be substituted the increased sum shown against it in column (3).
9
Except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 5 to this Order.
10
In any provision of Part I of Schedule 5 (applicable amount of persons in hostels) shown in column (1) of Part I of Schedule 6 to this Order, for the sums shown against that provision in column (2) there shall be substituted the increased sums shown against it in column (3).
11
Except as provided in paragraph (10) of this article, the sums specified in Part I of Schedule 5 are those set out in Part II of Schedule 6 to this Order.
12
In any provision of Schedule 7 (applicable amounts in special cases) shown in column (1) of Part I of Schedule 7 to this Order, for the sum shown against that provision in column (2) there shall be substituted the increased sum shown against it in column (3).
13
Except as provided in paragraph (12) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.
14
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
15
In paragraph 19 of Schedule 9 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.
Income Support Transitional Protection
16
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 4.7 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
17
In section 23(5)(b) of the 1986 Act (trade disputes: the relevant sum) the substituted sum is £18.50.
Applicable amounts for housing benefit (Housing Costs)
18
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount and specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Housing Benefit Regulations bearing that number.
2
In regulations 16(b) and 17(c) (applicable amounts) the sum specified is in each regulation £3,000.
3
In regulation 18(1) (patients), for the sum of £8.25 in each place in which it occurs, there shall be substituted the sum of £8.70, and for the sum of £16.50 there shall be substituted the sum of £17.40.
4
In regulation 63(1) (non-dependant deductions), for the sums of £8.20, £3.00, £3.45 and £3.00 there shall be substituted the sums of £9.15, £3.35, £3.85 and £3.35 respectively.
5
In regulation 63(2), for the sum of £49.20 there shall be substituted the sum of £52.10.
6
In paragraph 5(2) of Part II of Schedule 1, for the sums of £6.70, £0.80, £0.50 and £0.80 there shall be substituted the sums of £7.00, £0.85, £0.55 and £0.85 respectively.
7
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and accordingly that part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.
8
In paragraph 3 of Part II of Schedule 2, for the sum of £6.15 there shall be substituted the increased sum of £6.50.
9
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order.
10
In paragraph 20 of Schedule 4 (sums to be disregarded in calculation of income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.
Applicable amounts for housing benefit (Community Charge rebates)
19
1
As from 1st April 1989, the sums relevant to the calculation of an applicable amount and specified in the Community Charge Rebates Regulations shall be the sums set out in the following provisions of this article and in Schedules 10 and 11 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Community Charge Rebates Regulations bearing that number.
2
In regulations 7(1)(b) and 8(c) (applicable amounts) the sum specified is in each regulation £3,000.
3
In regulation 9(1) (patients), for the sum of £8.25 in each place in which it occurs, there shall be substituted the sum of £8.70, and for the sum of £16.50 there shall be substituted the sum of £17.40.
4
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.
5
In paragraph 3 of part II of Schedule 1, for the sum of £6.15 there shall be substituted the increased sum of £6.50.
6
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order.
7
In paragraph 20 of Schedule 3 (sums disregarded in calculation of income other than earnings), for the sum of £6.70 there shall be substituted the increased sum of £7.00.
Transitional
20
Nothing in this Order shall affect the rate at which family credit is payable under any award running at 11th April 1989.
PART IV
REVOCATIONS
Revocations
21
Articles 2 to 10 of and the Schedule to the Social Security Benefits Up-rating ( No. 2) Order 1987 are hereby revoked in relation to any particular case as from the date on which the rates or amounts of benefit specified in relation to any benefit mentioned in Part II of this Order takes effect in relation to that case.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
4th January 1989
We consent,
D. Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 1989


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Publication of Proposals) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations–
“ the Act ” means the Education Reform Act 1988; and
“grant-maintained school” means a school maintained by the Secretary of State and conducted by a governing body incorporated for that purpose under Chapter IV of Part I of the Act.
PART II
PROPOSALS UNDER SECTION 62(2)(a)
Time limit for publishing notice with respect to proposals
3
Any notice containing a summary of proposals made under section 62(2)(a) of the Act which is to be published in a newspaper pursuant to section 63(2) of the Act shall be so published within ten days of publication of the proposals to which it relates.
PART III
PROPOSALS UNDER SECTIONS 89(1) AND 92(2)
Publication of proposals
4
Any proposals which are required to be published by section 89(1) or 92(2) of the Act (proposals to make a significant change in the character, or a significant enlargement to the premises, of a grant-maintained school, or proposals to discontinue a grant-maintained school) shall be published–
a
by being posted at or near any main entrance to the school;
b
by being posted in at least one conspicuous place within the area served by the school; and
c
by being made available for inspection at all reasonable times at the school or at any other place within that area to which members of the public may conveniently have access,
and shall, as soon as reasonably practicable after those requirements have been satisfied, be published in at least one newspaper circulating in the area served by the school.
John MacGregor
Secretary of State for Education and Science
7th August 1989
Ian Gorst
Parliamentary Under-Secretary of State, Welsh Office
9th August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Training for Employment) (Amendment) Regulations 1989, and shall come into force on 21st July 1989.
Amendment
2
The Schedule to the Health and Safety (Training for Employment) Regulations 1988 shall be amended by adding at the end the following paragraph–
13
Community Industry Scheme.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
20th June 1989


text:
Citation and interpretation
1
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 6) Order 1989.
2
In this Order:–
“ the Act ” means the Education Reform Act 1988; and
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act.
Coming into force of certain provisions of the Act
2
The provisions of the Act specified in column 1 of Schedules 1 to 3 to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on the date specified in relation to each Schedule in the following table:–
Schedule 1 1st August 1989 Schedule 2 1st August 1990 Schedule 3 1st August 1991
Miscellaneous
3
In Schedule 3 to the Education Reform Act 1988 (Commencement No. 4) Order 1988 , for the words“69 to 79” (relating to Schedule 12 to the Act) there shall be substituted the words“69 to 76, 78, 79”.


text:
1
This Order may be cited as the Submarine Pipe-lines (Designated Owners) (No. 27) Order 1989 and shall come into force on 19th January 1990.
2
For the purposes of Part III of the Act Texaco North Sea UK Company, whose principal place of business in the United Kingdom is situated at 1 Knightsbridge Green, London SW1X 7QJ, is hereby designated as the owner of the pipe-lines described in the Schedule hereto.
Peter Morrison
Minister of State,
Department of Energy
22nd December 1989


text:
Citation, con- struction and commence- ment.
1
1
This Order may be cited as the Bermuda Constitution (Amendment) Order 1989 and shall be construed as one with the Bermuda Constitution Order 1968 (hereinafter referred to as “the principal Order”).
2
The principal Order and this Order may be cited together as the Bermuda Constitution Orders 1968 to 1989.
3
This Order shall come into force on 9th March 1989.
Amendment of section 62 of Constitution.
2
Section 62 of the Constitution set out in Schedule 2 to the principal Order is amended by substituting for subsection (2) the following–
2
The Governor, acting in his discretion, may by directions in writing delegate, with the prior approval of the Secretary of State, to the Premier or any other Minister designated by him after consultation with the Premier such responsibility for any of the matters specified in subsection (1) of this section as the Governor may think fit upon such conditions as he may impose.
.
G. I. de Deney
Clerk of the Privy Council


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Water Undertakers (Rateable Values) Order 1989 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order–
“ the Act ” means the Local Government Finance Act 1988;
“class of hereditaments” means a class of water hereditaments in relation to which an amount is specified in each column of the Schedule;
“intermediate year”, in relation to a class of hereditaments to which paragraph (a) or (b) of article 6 applies, means any year beginning on or after 1st April 1992 and ending no later than the end of the year in which the rateable value of that class first falls by virtue of any provision in Part II to be determined in accordance with the standard formula;
“relevant year” means any year for which a rateable value falls to be determined in accordance with this Order, and “relevant preceding year” means the year preceding a relevant year;
“water hereditaments” means non-domestic hereditaments required by virtue of Part 6 of the Schedule to the Central Rating Lists Regulations 1989 to be shown in a central rating list;
“water undertaker” means any body mentioned in the Schedule;
“year” means a chargeable financial year;
any reference to hereditaments occupied by a water undertaker includes a reference to hereditaments which, if unoccupied, are owned by that undertaker, references to occupation being construed accordingly; and
any reference to a water undertaker by name is to the person bearing that name at the date of the Central Rating Lists Regulations 1989.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound–
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Disapplication of normal basis of valuation
4
In the case of water hereditaments, paragraphs 2 to 2B of Schedule 6 to the Act shall not apply, and the rateable values of such hereditaments shall be as determined under the rules in the following provisions of this Order.
PART II
INITIAL RATEABLE VALUES
Interpretation
5
In this Part–
a
in any formula–
B is the figure applicable in relation to the relevant year for the purposes of paragraph 5(3) of Schedule 7 to the Act;
C is the figure applicable in relation to the relevant year for the purposes of paragraph 5(4) of Schedule 7 to the Act;
I is the figure for the retail prices index for September in the relevant preceding year;
and in relation to any class of hereditaments–
R is the recalculation factor applicable to that class determined under Part IV in respect of the relevant preceding year;
RV is the rateable value of that class in the relevant preceding year; and
b
T is the amount specified in relation to a class of hereditaments in column 1 of the Schedule;
U is the recalculation factor applicable to that class determined in accordance with Part IV in respect of the relevant year; and
“the standard formula” means the formula T+U.
Rateable values in 1990/91
6
In relation to each class of hereditaments–
a
where T is greater than the relevant maximum amount calculated in relation to that class under article 7, the rateable value of that class in the year beginning on 1st April 1990 shall be the relevant maximum amount;
b
where T is less than the relevant minimum amount calculated in relation to that class under article 7, the rateable value of that class in the year beginning on 1st April 1990 shall be the relevant minimum amount;
c
where neither paragraph (a) nor paragraph (b) applies, the rateable value of that class in that year shall be T.
7
The relevant maximum amount in respect of a class of hereditaments is the amount produced by calculating in accordance with the formula–
1.2A M
and the relevant minimum amount in respect of a class of hereditaments is the amount produced by calculating in accordance with the formula–
0.895A M
where A is the amount specified in relation to that class in column 2 of the Schedule, and M is the non-domestic rating multiplier applicable to that class in pursuance of paragraph 2 of Schedule 7 to the Act.
Increasing rateable values
8
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1990 is determined as provided in paragraph (a) of article 6.
2
The rateable value in the year beginning on 1st April 1991 of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
For the purposes of paragraph (2), where in relation to a class of hereditaments a calculation in respect of that year according to formula 1, that is to say–
RV × 1.2
(
1 +
I - B
C
)
+ U
produces an amount less than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 1; and in any other case it shall be the amount calculated in accordance with the standard formula.
9
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1991 falls in pursuance of article 8 to be determined in accordance with formula 1.
2
The rateable value in any intermediate year of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
Where in relation to a class of hereditaments and any such year a calculation in respect of that year according to formula 2, that is to say–
(
RV - R
)
× 1.2
(
1 +
I - B
C
)
+ U
produces an amount less than that produced by a calculation in respect of that year in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 2; and in any other case it shall be the amount calculated in accordance with the standard formula.
Decreasing rateable values
10
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1990 is determined as provided in paragraph (b) of article 6.
2
The rateable value in the year beginning on 1st April 1991 of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
For the purposes of paragraph (2), where in relation to a class of hereditaments a calculation in respect of that year according to formula 3, that is to say–
RV
× 0.87
(
1 +
I - B
C
)
+ U
produces an amount greater than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments shall be the amount calculated in accordance with formula 3; and in any other case it shall be the amount calculated in accordance with the standard formula.
11
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1991 falls in pursuance of article 10 to be determined in accordance with formula 3.
2
The rateable value in any intermediate year of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
Where in relation to a class of hereditaments and any such year a calculation according to formula 4, that is to say–
(
RV
- R
)
× 0.87
(
1 +
I - B
C
)
+ U
produces an amount greater than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 4; and in any other case it shall be the amount calculated in accordance with the standard formula.
PART III
GENERAL PROVISION FOR RATEABLE VALUES
12
In the case of–
a
any class of hereditaments to which paragraph (c) of article 6 applies, in any year beginning on or after 1st April 1991,
b
any class of hereditament the rateable value of which falls in pursuance of article 8(3) or 10(3) to be determined in accordance with the standard formula, in any year beginning on or after 1st April 1992, and
c
any class of hereditaments to which article 9 or 11 applies, in any year beginning after an intermediate year,
the rateable value of that class in such a year shall be the amount produced by calculating in respect of that year in accordance with the standard formula.
PART IV
ANNUAL RECALCULATION OF RATEABLE VALUES
Interpretation
13
1
In this Part, in relation to each class of hereditaments–
a
in any formula–
T is the amount specified in relation to that class in column 1 of the Schedule;
y is the relevant amount of water in relation to the period of three years ending immediately before the relevant preceding year;
Y, subject to article 14(3), is the relevant amount of water in relation to the period of three years ending on 31st March 1989;
b
“relevant amount of water” in relation to a relevant undertaker and any period of three years means the amount calculated in accordance with paragraph (2); and
in relation to a class of hereditaments “relevant undertaker” means the water undertaker in occupation of those hereditaments.
2
The relevant amount of water in relation to a relevant undertaker and any year is the annual average, over the three years being considered, expressed in megalitres to the nearest tenth part of a megalitre, of the amount estimated in accordance with sub-paragraph (a) less the amount estimated in accordance with sub-paragraph (b); that is to say–
a
the estimated annual average amount of water put into supply by that undertaker in the period of three years, being water supplied both–
i
to any other person in bulk, that is to say for the purpose of augmenting or constituting the supply to be given by that person and
ii
otherwise,
less half the estimated annual average amount of non-potable water so supplied otherwise than in bulk; less
b
half the annual average amount estimated to have been taken or supplied in bulk during that period of three years.
3
Where the relevant undertaker did not supply water throughout any year in a period of three years, paragraph (2) shall apply as if for the reference to the annual average over three years there were substituted a reference to the number of years throughout which water was supplied; and for the purposes of this paragraph any temporary suspension of supply shall be disregarded.
Recalculation factors
14
1
Where in relation to any class of hereditaments and any year the value attributable to y is less than that produced by calculating in accordance with the formula–
Y
(
102
100
)
(“the upper threshold”) and greater than that produced by calculating in accordance with the formula–
Y
(
98
100
)
(“the lower threshold”), the recalculation factor applicable to that class–
a
in the first such year shall be 0, and
b
in any subsequent such year, shall be a figure equal to the recalculation factor applicable in accordance with this article in the relevant preceding year.
2
Where in relation to any year the value attributable to y in respect of any class of hereditaments is equal to or exceeds the upper threshold or is equal to or lower than the lower threshold, the recalculation factor applicable to that class in that year shall be the figure produced by calculating in accordance with the formula–
T
(
y - Y 1.5 Y )
.
3
In relation to any class of hereditaments and any year beginning after the year in which paragraph (2) first applies to that class, paragraph (1) shall apply as if for Y there were substituted Z, where Z is a number having the same value as y in the last foregoing year in relation to which the applicable recalculation factor for that class was determined in accordance with paragraph (2).
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1989 and shall come into force on 1st January 1990.
2
The Goods Vehicle (Operators Licences) (Temporary Use in Great Britain) Regulations 1980 , shall be amended by the substitution for paragraphs (2) to (5) of regulation 19 (Exemptions and Modifications for Irish Goods Vehicles) of the following paragraph:–
2
Section 60(1) of the Act shall not apply to the use in Great Britain of an Irish Republic goods vehicle for the carriage of any goods
.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
21st November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1989, and shall come into force on 6th April 1989.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1984
2
In regulations 18(3), 23(5)(b)(ii) and 43(1) of the Occupational Pension Schemes (Contracting-out) Regulations 1984 for “£16” in each place where it appears there is substituted “£17”.
Amendment of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987
3
After regulation 5 of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987 there is inserted–
Modification of the provisions of Part VI of the Social Security Act 1986 in consequence of Part I of that Act
6
Where a member of an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, section 63 of the Social Security Act 1986 shall have effect as if–
a
the guaranteed minimum pension to which he is treated as entitled by virtue of section 4(1)(a) of that Act or, as the case may be, by virtue of section 29(2A) of the Social Security Pensions Act 1975 was subject to increases in accordance with the provisions of section 35(6) of the Social Security Pensions Act 1975 , and
b
the amounts of any notional increases referred to in paragraph (a) were subject to annual up-rating in the same way as if they were sums to which section 63(1)(d)(i) of the Social Security Act 1986 applied.
.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988
4
Regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 is amended as follows–
a
in paragraph 2 for the words “Subject to paragraph (3)” there is substituted “Subject to paragraphs (2A) and (3)”;
b
in paragraph (2)(a) and (c) for the words “the Secretary of State receives the notice” there is substituted “the notice is completed by the earner”;
c
after paragraph (2) there is inserted–
2A
A notice given–
a
pursuant to paragraph (2)(a) must be received by the Secretary of State not later than 17th May in the following tax year;
b
pursuant to paragraph (2)(c) must be received by the Secretary of State not later than 17th May 1989.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th March 1989


text:
Citation and commencement
1
1
This Order may be cited as the Secretaries of State (Government Oil Pipe-line and Petroleum Licences) Order 1989.
2
This Order shall come into force on 1st April 1989.
The government pipe-line and storage system
2
1
There are hereby transferred to and vested in the Secretary of State for Defence–
a
so much of the property and rights comprising the government pipe-line and storage system as is vested in any other Minister of the Crown; and
b
any other property, rights and liabilities relating to that system to which any such Minister is entitled or subject.
2
In this Order“the government pipe-line and storage system” means–
a
any oil installations, within the meaning of the Land Powers (Defence) Act 1958 –
i
which are government war works, within the meaning of the Requisitioned Land and War Works Act 1945 , or
ii
to which section 28 of the said Act of 1945 applies by virtue of section 12(4) or (5) of the Requisitioned Land and War Works Act 1948 ;
b
any oil installations, within the meaning of the said Act of 1958, which have been, are being or are intended to be, constructed on land acquired for the purpose by virtue of section 13(a) of that Act; and
c
any oil pipe-lines and minor works accessory thereto, within the meaning of section 14(1) of that Act, which have been, are being or are intended to be laid, installed or constructed by virtue of wayleave orders under that Act;
and the expression shall be taken to include, in particular, any land held for the purposes of the system.
3
For the purposes of sections 14 to 18 of the Land Powers (Defence) Act 1958, the Secretary of State for Defence shall be regarded as having made any wayleave orders under that Act which were made otherwise than by him.
4
This article shall not affect the validity of anything done before the coming into force of this Order by or in relation to any Minister of the Crown; and anything (including legal proceedings) which is then in the process of being done in relation to the government pipe-line and storage system by or in relation to any such Minister may be continued by or in relation to the Secretary of State for Defence.
5
Any consents given in relation to the government pipe-line and storage system by any Minister of the Crown, or having effect as if so given, shall, if in force at the coming into force of this Order and so far as may be necessary for their continuation in force thereafter, have effect as if given by the Secretary of State for Defence.
6
Any instrument, contract or other document relating to the government pipe-line and storage system and made before the coming into force of this Order shall have effect so far as may be necessary for the purposes of, or in consequence of, any of the preceding provisions of this article as if any reference to the Secretary of State for Energy or the Secretary of State for Trade and Industry or the Department of either of those Ministers or an officer of either of them were a reference to the Secretary of State for Defence or the Ministry of Defence or an officer of that Minister.
Licences under the Petroleum (Production) Act 1934
3
1
There are hereby transferred to and vested in the Secretary of State for Energy all the property, rights and liabilities to which any other Minister of the Crown is entitled or subject in relation to petroleum licences granted to any person.
2
In this Order“petroleum licences” means licences granted under section 2 of the Petroleum (Production) Act 1934 or having effect as if granted under that Act.
3
This article shall not affect the validity of anything done before the coming into force of this Order by or in relation to any Minister of the Crown; and anything (including legal proceedings) which is then in the process of being done in relation to petroleum licences by or in relation to any such Minister may be continued by or in relation to the Secretary of State for Energy.
4
Any notices, approvals, consents, directions, authorisations or instructions given in relation to petroleum licences by any Minister of the Crown, or having effect as if so given, shall, if in force at the coming into force of this Order and so far as may be necessary for their continuation in force thereafter, have effect as if given by the Secretary of State for Energy.
5
Any instrument, contract or other document relating to petroleum licences and made before the coming into force of this Order shall have effect so far as may be necessary for the purposes of, or in consequence of, any of the preceding provisions of this article as if any reference to the Secretary of State for Trade and Industry or his Department or an officer of his were a reference to the Secretary of State for Energy or his Department or an officer of his.
G. I. de Deney
Clerk of the Privy Council


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Telecommunications Industry (Rateable Values) Order 1989 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“British Telecom” means the company registered at the date of this Order by the name of British Telecommunications plc;
“Mercury” means the company registered at the date of this Order by the name of Mercury Communications Limited;
“relevant year” means any year for which a rateable value falls to be determined in accordance with this Order, and “relevant preceding year” means the year preceding a relevant year;
“the standard formula” means the formula T + U, where —
T, in relation to English telecommunications hereditaments occupied by British Telecom is £249,400,000 and in relation to Welsh telecommunications hereditaments so occupied is £13,190,000, and
U is the recalculation factor determined in respect of each class of hereditaments under Part V;
“telecommunications hereditaments” means non-domestic hereditaments required by virtue of Part 5 of the Schedule to the Central Rating Lists Regulations 1989 to be shown in a central rating list; and “English telecommunications hereditaments” means such hereditaments so required to be shown in the central rating list for England, and “Welsh telecommunications hereditaments” means such hereditaments so required to be shown in the central rating list for Wales;
“year” means a chargeable financial year; and
any reference to hereditaments occupied by a person includes a reference to hereditaments which, if unoccupied, are owned by that person.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less. Disapplication of normal basis of valuation
4
In the case of telecommunications hereditaments, paragraphs 2 to 2B of Schedule 6 to the Act shall not apply, and the rateable values of such hereditaments shall be as specified in, or determined under the rules in, the following provisions of this Order.
PART II
MERCURY COMMUNICATIONS LIMITED
Rateable values
5
1
The rateable values of English telecommunications hereditaments and Welsh telecommunications hereditaments occupied by Mercury in the year beginning on 1st April 1990 shall be 8,608,755 and 63,769 respectively.
2
In each year beginning on or after 1st April 1991, the rateable values of English telecommunications hereditaments and Welsh telecommunications hereditaments occupied by Mercury shall be the amounts produced by calculating in respect of each class in accordance with the formula —
Q + U
where
Q is the amount specified as applicable to each class of hereditament in that year in the Table, and
U is the recalculation factor determined as provided in paragraph (3).
TABLE
Rateable values from 1991
Year beginning in Rateable value in millions English telecommunications hereditaments Welsh telecommunications hereditaments £ £
1991 9.831566 0.072827 1992 11.054377 0.081885 1993 12.277188 0.090943 1994, and any subsequent year 13.5 0.1
3
In this article the value attributable in any relevant year to the factor U is to be determined by calculating in accordance with the formula —
Q ( k - K K )
where —
Q is the amount ascertained from the Table as applicable to the class of hereditaments in question in the relevant year;
k is the length of cable used by Mercury to provide a telecommunications service in England or, as the case may be, in Wales, on 31st March in the relevant preceding year, estimated to the nearest whole kilometre, and
K is the length of cable used by Mercury to provide such a service in England or, as the case may be, in Wales, on 31st March 1990, estimated to the nearest whole kilometre.
PART III
BRITISH TELECOM: HEREDITAMENTS IN ENGLAND
Rateable values
6
1
The rateable value of English telecommunications hereditaments occupied by British Telecom in the year beginning on 1st April 1990 shall be £249,400,000.
2
In any year beginning on or after 1st April 1991, the rateable value of English telecommunications hereditaments occupied by British Telecom shall be the amount produced by a calculation in respect of that year in accordance with the standard formula.
PART IV
BRITISH TELECOM: HEREDITAMENTS IN WALES
Interpretation
7
In this Part —
a
in any formula —
B is the figure applicable in relation to the relevant year for the purposes of paragraph 5(3) of Schedule 7 to the Act;
C is the figure applicable in relation to the relevant year for the purposes of paragraph 5(4) of Schedule 7 to the Act;
I is the figure for the retail prices index for September in the relevant preceding year;
R is the recalculation factor applicable to Welsh telecommunications hereditaments under Part V in respect of the relevant preceding year;
RV is the rateable value of Welsh telecommunications hereditaments in the relevant preceding year;
U is the recalculation factor determined in relation to Welsh telecommunications hereditaments under Part V; and
“intermediate year” means any year beginning on or after 1st April 1991 and ending no later than the end of the year in which the rateable value of Welsh telecommunications hereditaments first falls by virtue of article 9 or 10 to be determined in accordance with the standard formula; and
any reference to Welsh telecommunications hereditaments is to such hereditaments occupied by British Telecom.
Rateable value in 1990/1
8
In the year beginning on 1st April 1990 the rateable value of Welsh telecommunications hereditaments is the amount determined in accordance with the formula —
£ 6 , 391 , 432 M
where
M is the non-domestic rating multiplier for that year applicable to those hereditaments in pursuance of paragraph 2 of Schedule 7 to the Act.
Rateable value in 1991/2
9
1
In respect of the year beginning on 1st April 1991, where a calculation in respect of Welsh telecommunications hereditaments in accordance with formula 1, that is to say —
RV × 0.87
(
1 +
I - B
C
)
+ U
produces an amount greater than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments shall be the amount calculated in accordance with formula 1.
2
Where the calculation under paragraph (1) in accordance with formula 1 produces an amount equal to or less than that produced by a calculation in accordance with the standard formula, the rateable value of those hereditaments in that year shall be determined in accordance with the standard formula.
Rateable value in 1992/3 and subsequent intermediate years
10
1
Where —
a
in respect of the year beginning on 1st April 1991 the rateable value of Welsh telecommunications hereditaments has been determined in accordance with article 9(1), and
b
in respect of a subsequent intermediate year a calculation in respect of those hereditaments according to formula 2, that is to say —
( RV - R ) × 0.87
(
1 +
I - B
C
)
+ U
produces an amount less than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments shall be the amount calculated in accordance with formula 2; and in any other case it shall be the amount calculated in accordance with the standard formula.
Rateable values in post-intermediate years
11
In respect of any year beginning after an intermediate year, the rateable value of Welsh telecommunications hereditaments shall be an amount produced by a calculation in respect of that year in accordance with the standard formula.
PART V
BRITISH TELECOM: ANNUAL RECALCULATION OF RATEABLE VALUES
Recalculation factor
12
1
In relation to each class of telecommunications hereditaments occupied by British Telecom, the recalculation factor in respect of any relevant year shall be —
T
(
p - P
P
)
where —
T has the value attributed by article 2;
p is the estimated number of distribution points in England and Wales on 31st March in the relevant preceding year, and
P is the estimated number of distribution points in England and Wales on 31st March 1990.
2
In this article, “distribution point” means the point within the telecommunications network operated by British Telecom at which circuits are divided or sub-divided for distribution from a telephone exchange to individual customers or groups of customers.
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
1
This Order may be cited as the Public Telecommunication System Designation (East London Telecommunications Limited) Order 1989 and shall come into force on 27th December 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
23rd November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Wine and Made-wine of a Strength exceeding 1.2 per cent. and not exceeding 5.5 per cent. (Prohibition of Fortification) Regulations 1989, and shall come into force on 1st July 1989.
Application
2
These Regulations apply to wine and made-wine of a strength exceeding 1.2 per cent., but not exceeding 5.5 per cent.
Prohibition
3
Except as provided by regulation 4 or under regulation 5 below, wine or made-wine to which these Regulations apply may not be fortified at any time–
a
after it leaves the entered or approved premises on which it was produced; or
b
in the case of wine or made-wine produced outside the United Kingdom, after it is imported into the United Kingdom,
and before it is sold by retail or otherwise supplied for consumption.
Exception for goods in excise warehouse
4
The Commissioners may allow wine or made-wine to which these Regulations apply to be fortified in an excise warehouse in accordance with warehousing regulations.
General exception
5
Wine or made-wine to which these Regulations apply may be fortified–
a
in such cases; and
b
subject to such conditions,
as the Commissioners may specify.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
1st June 1989


text:
Citation and commencement
1
This Order may be cited as the London Regional Transport (Levy) Order 1989 and shall come into force on the day after it is made.
Interpretation
2
In this Order: “the 1984 Act ” means the London Regional Transport Act 1984;
“the year 1989/90” means the period of twelve months beginning with 1st April 1989;
“the estimated grant” means the Secretary of State’s estimated expenditure in the year 1989/90 on grants to London Regional Transport under section 12 of the 1984 Act;
“the ratepayer proportion” means the proportion of the estimated grants which it appears to the Secretary of State appropriate to recover from the ratepayers of Greater London;
“the estimated penny rate product of a rating area” means, in relation to the rating areas listed in the left hand column of the Schedule (which are the rating areas comprised in Greater London) an estimate of the amount, calculated as provided in section 12(4) of the General Rate Act 1967 , which would be produced by a rate of a penny in the pound levied in the rating area in question and each such estimate (which has been transmitted to the Secretary of State pursuant to section 12(4) of that Act) is shown in the right hand column of the Schedule opposite the rating area to which it relates; and
“the estimated penny rate product of Greater London” means the total of the estimated penny rate products of the rating areas comprised in Greater London (shown at the bottom of the right hand column of this Schedule).
Amount in the pound
3
The amount in the pound for the purpose of section 13(4) of the 1984 Act in respect of the year 1989/90 shall be 9.06 pence.
Factors taken into account
4
The factors taken into account in determining the amount in the pound specified in article 3 are as follows —
1
the estimated grant which is £286.6 million; (2) the ratepayer proportion which is 65.63%; and
3
the estimated penny rate product of Greater London which is £20,759,588.
Method of calculation
5
The method of calculation employed in determining the amount in the pound specified in article 3 is as follows —
1
the number of pence in the pound is obtained by the formula
the estimated grant × the ratepayer proportion the estimated penny rate product of Greater London
and accordingly the calculation is:
£ 286 , 600 , 000 × x 0.6563 20 , 759 , 588 = 9.060661
2
the unrounded figure is rounded to two places of decimals to give 9.06 pence.
Paul Channon
Secretary of State for Transport
2nd March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Education (Adult Education Centres Funding Schemes) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Education Reform Act 1988;
“adult education centre” means an institution which provides part-time, but does not provide full-time, further education; and
“further education” has the meaning assigned to it by section 41 of the Education Act 1944 .
Application of schemes to adult education centres
3
Local education authorities are hereby authorised to cover adult education centres which meet the requirements set out in regulation 4 in their schemes for financing locally funded further and higher education prepared under section 139 of the Act.
4
The requirements referred to in regulation 3 are that the adult education centre–
a
is maintained or assisted by the local education authority;
b
is treated by the local education authority as being a separate institution for the purposes of financing (irrespective of whether it occupies premises solely for its own use); and
c
has its own principal or administrative head.
John MacGregor
Secretary of State for Education and Science
7th August 1989
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
9th August 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
1
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Lancashire that the new trunk road is open for through traffic.
4
In this Order
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA10/1 CNW243 marked “The A59 Samlesbury – Skipton Trunk Road (Improvement from East of Monk Bridge to West of Crooks House) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means the Samlesbury – Skipton Trunk Road (A59).
5
This Order shall come into force on 14th April 1989 and may be cited as the A59 Samlesbury – Skipton Trunk Road (Improvement from East of Monk Bridge to West of Crooks House) Order 1989.
Signed by authority of the Secretary of State
F Kendall
Regional Director North West Region
Department of Transport
1989


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980–
a
a special road along the route described in Part I of the Schedule to this Scheme (this special road being in this Scheme referred to as “the Motorway”), and
b
special roads along the routes described in Part II of the Schedule to this Scheme for the purposes of connecting the Motorway with other highways at the places stated in that schedule (these special roads being in this Scheme referred to as “the connecting roads”).
2
The centre line of the Motorway and of each of the connecting roads is indicated by a heavy black line on the deposited plan.In this Scheme–
1
all measurements of distance are measured along the route of the relevant highway.
2
“the deposited plan”
means the plan numbered HA16/1 SWM2 marked “The M32 Motorway (Hambrook Interchange to Lower Ashley Road Interchange) and Connecting Roads Scheme 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
This Scheme shall come into force on 27th October 1989, and may be cited as the M32 Motorway (Hambrook Interchange to Lower Ashley Road Interchange) and Connecting Roads Scheme 1989.
Signed by authority of the Secretary of State
G. M. Wedd C.B.
Regional Director South West Region
Department of Transport
15th September 1989


text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the National Health Service (Superannuation) Amendment Regulations 1989 shall come into force on 1st June 1989 and shall have effect as set out in the following paragraph.
2
The regulations specified in regulation 35 shall have effect from the dates respectively specified in that regulation.
3
In these Regulations “the principal Regulations ” means the National Health Service (Superannuation) Regulations 1980 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (definitions)–
a
after the definition of “participating employment” there is inserted the following definition–
`pay period' means the period set out in the officer’s contract of employment in respect of which each payment of salary or wages is made or, in the case of a practitioner, a period of 3 months ending on the last day of March, June, September or December as the case may be;
;
b
after the definition of “pensionable age” there is inserted the following definition–
`personal pension scheme' shall be construed in accordance with section 84 of the Social Security Act 1986 ;
;
c
after the definition of “retiring allowance” there is inserted the following definition–
`self-employed pension arrangement' means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 which is approved by the Inland Revenue under that Chapter; but which is neither a personal pension scheme within the meaning of the Social Security Act 1986 nor a contract or a scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
;
d
in the definition of “service” for the words “18 years” there are substituted the words “16 years”; and at the end of sub-paragraph (c) there is inserted the word “or” and after that sub-paragraph there is added–
d
any period of employment subject to an election made under regulation 6(2);
.
Amendment of regulation 4 of the principal Regulations
3
1
Regulation 4(1) of the principal Regulations (application) shall be amended as follows–
a
after “5” there is inserted “, 6” and for the words “18 years” there is substituted “16 years”;
b
in sub-paragraph (a) the words “whose duties are wholly or mainly administrative, professional or clerical” are omitted;
c
sub-paragraphs (b), (c) and (d) are revoked;
d
for sub-paragraph (f) there is substituted–
any part-time officer who is employed by one or more employing authorities, or by one or more employing authorities and by such other body or bodies as the Secretary of State may designate, in an employment or employments none of which is subject to an election under regulation 6(2), for such hours in any period as in the aggregate amount to not less than one-half of the hours which would constitute whole-time employment in his case;
;
e
sub-paragraph (g) is revoked;
f
proviso (i) is revoked and after proviso (iv) the following further proviso is added–
v
for the purposes of sub-paragraph (f) of this paragraph–
a
a person whose hours of employment are less than one half of the hours which would constitute whole time employment in his case shall nonetheless be treated as satisfying that requirement if his hours of employment under sub-paragraph (e) (not being employment subject to an election under regulation 6(2)) when added to his hours of employment under sub-paragraph (f) would be not less than the period of hours required under that paragraph;
b
a part-time officer who continues to be employed by an employing authority shall not cease to be treated as an officer in respect of any period, not exceeding one month, during which his hours of employment are less than one-half of the hours which would constitute whole-time employment in his case;
c
a person who, prior to 6th April 1988, satisfied the requirements of paragraph 1(c) of Schedule 6 may continue to qualify to be treated as an officer as if those requirements continued to apply in his case:
.
2
Schedule 6 to the principal Regulations (application to persons employed in a part-time capacity) is revoked.
Amendment of regulation 6 of the principal Regulations
4
For regulation 6 of the principal Regulations (participation in superannuation benefits) there is subsituted the following–
Participation in superannuation scheme
6
1
Every officer, unless he has made or is deemed to have made an election under paragraph (2), shall participate in the scheme provided under these Regulations, subject to and in accordance with the terms and conditions thereof.
2
An officer may at any time, by giving notice in writing to his employing authority, elect not to participate in the scheme provided under these Regulations and such an election may be made in respect of all or any of the employments in which he is an officer.
3
An officer who makes an election under paragraph (2) shall, in respect of the employment or employments to which it relates, be treated as having ceased to be an officer within the meaning of regulation 4 from the date on which the election takes effect.
4
An election pursuant to paragraph (2) shall take effect from the beginning of the pay period immediately following its receipt or such later date, if any, as is specified in the election provided that–
a
where on or before 6th April 1988 an officer gave notice that he did not wish to participate in the scheme provided under these Regulations, that notice shall be treated as an election under paragraph (2) with effect from 6th April 1988 or such later date as is specified in the notice;
b
in the case of an officer who commenced employment on or after 6th April 1988 an election made during the first pay period of that employment shall, if so expressed, take effect from the beginning of the first day of that employment.
5
Subject to paragraph (6), a person who would be an officer but for an election under paragraph (2) may at any time revoke that election by giving notice in writing to his employing authority and such notice shall take effect from the beginning of the pay period immediately following it’s receipt or such later date, if any, as is specified in the notice.
6
A person may not revoke an election–
a
at any time whilst he is absent from duty, for whatever reason, or
b
where in consequence of the election benefits become payable under regulation 8,
and in a case to which sub-paragraph (b) applies any subsequent employment to which these Regulations would otherwise apply shall be deemed to be subject to an irrevocable election under paragraph (2).
7
Where a person in respect of whom the conditions set out in regulation 4(1)(f) are satisfied was, at 5th April 1988, a person in respect of whom an election pursuant to Schedule 6 of these Regulations could have been, but was not, made such person shall be deemed to have made an election under paragraph (2) on that date.
.
Reduction in period of qualifying service
5
In regulations 8(1)(a)(i), (iv) and (v), 8(5)(b), 14(1)(b), 14(3)(a) and 16(1) of the principal Regulations for the words “5 years” there is substituted “2 years”.
Amendment of regulation 8 of the principal Regulations
6
1
In regulation 8(1)(a)(iv) of the principal Regulations (entitlement to pension) after the words “regulations 37(5)(b)” there is inserted “or (c)”.
2
In regulation 8(2)(c) of the principal Regulations (requirements relating to payment of pension and lump sum) after the word “employment” there is inserted “or, in the case of a person who would be an officer but for an election under regulation 6(2), of discharging efficiently the duties of his employment”.
Amendment of regulation 13 of the principal Regulations
7
In regulation 13(4) of the principal Regulations (widower’s entitlement to death gratuity) after the words “or a widower’s pension” there is inserted “except that no reduction in the amount of the death gratuity shall be made under paragraphs (2) or (3) in respect of a widower’s pension payable under regulation 18A or 18B”.
Amendment of regulation 14 of the principal Regulations
8
1
In regulation 14(1) of the principal Regulations (entitlement to widow’s pension) after the word “officer” where it appears in proviso (i) there is inserted the words “unless those spouses were previously married to each other at the date he last ceased to be an officer”.
2
At the beginning of regulation 14(6) of the principal Regulations (circumstances in which a widow’s pension shall not be payable) there is inserted “Subject to paragraph (6A)” and after paragraph (6) there is inserted–
6A
Where the disallowance of a widow’s pension under paragraph (6)(a) or (b) would result in severe financial hardship the Secretary of State may restore the widow’s pension in whole or in part; if he does so he may take account of any deficiency payment already made under paragraph (7).
.
Insertion of regulation 14A of the principal Regulations
9
After regulation 14 of the principal Regulations there is inserted–
Polygamous marriages
14A
Where on the death of a person referred to in regulation 13(1), 14(1) or 16(1) it appears to the Secretary of State that there is no widow who would be entitled to receive the death gratuity, annual widow’s pension or limited pension, as the case may be, but the deceased was at the date of his death married to a wife under a law which permits polygamy, the wife of that polygamous marriage shall be treated as if she were such a widow and where there are two or more such wives each shall be entitled to an equal share of the death gratuity, annual widow’s pension or limited pension provided that such share in relation to any such pension shall not be increased by reason of the death of any other wife so entitled.
Amendment of regulation 15 of the principal Regulations
10
In regulation 15(2)(b) of the principal Regulations (child’s allowance) for the words “first awarded on 6th April 1987” there is substituted “first beginning on 6th April 1987”.
Widowers pensions
11
1
At the beginning of regulation 18 of the principal Regulations (nomination for a widower’s pension) there is inserted “In respect of contributing service prior to 6th April 1988”.
2
After regulation 18 of the principal Regulations there is inserted–
Widower’s pension in respect of service after 5th April 1988
18A
1
The widower of a person in respect of whom there is a period of contributing service after 5th April 1988 (including a period added as a result of an election under regulation 25 made after that date) shall, in relation to that service, be entitled to receive from the Secretary of State an annual widower’s pension or, as the case may be, a limited pension and such widower’s or limited pension shall, subject as aforesaid, be payable in like circumstances and calculated in like manner as a widow’s pension under regulation 14 or a limited pension under regulation 16 as the case may be.
Purchase of increased widower’s pension
18B
1
Subject to the following provisions of this regulation a female officer, unless she is a person in respect of whom a pension has already become payable under regulation 8, may, in respect of the whole or any part of her contributing service prior to 6th April 1988, elect to purchase an increase in the amount of any annual widower’s pension which may become payable by virtue of regulation 18A.
2
The purchase of an increase pursuant to paragraph (1) may be made only in respect of complete years of service unless the officer wishes to purchase an increase in respect of all of her service before 6th April 1988 or all of her service in respect of the period beginning on 25th March 1972 and ending on 5th April 1988 in which case the whole of the requisite period may be purchased whether or not it constitutes a multiple of complete years of service.
3
An election pursuant to paragraph (1)–
a
shall be made not later than 30th June 1989 by giving notice in writing to the Secretary of State specifying the period in respect of which the election is made;
b
must be accompanied by a declaration in writing signed by the officer that she is of sound health for her age;
c
shall be irrevocable.
4
Schedule 7A shall have effect with regard to the cost of providing the increase provided for pursuant to paragraph (1).
.
3
After Schedule 7 to the principal Regulations there is inserted Schedule 7A as set out in Schedule 1 to these Regulations.
Amendment of regulation 19 of the principal Regulations
12
Regulation 19 of the principal Regulations (power to compound small benefits) is amended as follows–
a
in paragraph (1) after the word “widow's” in both places where it occurs there is inserted “or widower's”;
b
in paragraph (2A) after the word “widow” there is inserted “or to her widower”.
Amendment of regulation 20 of the principal Regulations
13
Regulation 20 of the principal Regulations (entitlement to guaranteed minimum pension) is amended as follows–
a
there is inserted at the beginning of paragraph (1)(b) the words “in the case of a male officer,”;
b
at the end of paragraph (1)(b) there is inserted the word “and” and there is added the following new sub-paragraph–
c
in the case of a female officer, if she dies on or after 6th April 1989 and leaves a widower, he shall be entitled to receive payment of a widower’s pension payable in the circumstances prescribed and for the period prescribed under section 36(7A) of the Pensions Act , the weekly rate of which shall not be less than one half of that part of her guaranteed minimum which is attributable to earnings factors for the tax year 1988–89 and subsequent tax years.
;
c
after paragraph (1) there is added–
1A
The guaranteed minimum pensions referred to in paragraph (1) shall, insofar as they are attributable to earnings factors for the tax year 1988–1989 and subsequent tax years, be increased in accordance with any orders made under section 37A of the Pensions Act .
1B
For the avoidance of doubt, paragraph (1) shall override any other provisions of these Regulations which are inconsistent with it.
.
Amendment of regulation 21 of the principal Regulations
14
Regulation 21 of the principal Regulations (transfer payments to the Secretary of State in respect of previous employment) is amended as follows–
a
for paragraph (3) there is substituted–
3
Subject to paragraphs (4), (4B), (4C) and (6), where a person revokes an election under regulation 6(2) or enters employment as an officer in circumstances in which paragraph (1) does not apply, and arising out of his previous employment he has accrued rights to benefits under a superannuation or personal pension scheme (including rights appropriately secured under section 52C of the Pensions Act but excluding rights to benefits arising out of the payment of additional voluntary contributions in accordance with section 591(2)(h) of the Income and Corporation Taxes Act 1988 ), the service to which those rights relate shall be reckonable at its full length for the purpose of determining whether any benefit is payable to or in respect of him under these Regulations, if–
a
within 12 months of revoking his election or entering employment as an officer he gives written notice to the Secretary of State that he wishes the Secretary of State to request a transfer payment in relation to some or all of those rights, and
b
such a payment is made to the Secretary of State indicating, where requested, the period of service in respect of which it is made.
;
b
after paragraph (4) there is inserted–
4A
Subject to paragraphs (4B) and (6)(b), where a person who has rights to benefits under a self-employed pension arrangement revokes an election under regulation 6(2) or enters employment as an officer then, if within 12 months of revoking that election or entering that employment he gives written notice to the Secretary of State, that he wishes the Secretary of State to request a transfer payment in respect of some or all of his rights and such payment is made to the Secretary of State there shall be added to his service under these regulations a period of contributing service calculated in accordance with Part II of Schedule 2.
4B
Any rights which could have been but were not the subject of a notice under paragraph (3)(a) or (4A) may not subsequently be included in a notice under either of those paragraphs if that subsequent notice is dependent upon the revocation of an election under regulation 6(2).
4C
The Secretary of State shall not accept a transfer payment from a personal pension scheme or a self-employed pension arrangement prior to 6th April 1990.
.
Amendment of regulation 34 of the principal Regulations
15
Regulation 34 of the principal Regulations (calculation of service) is amended as follows–
a
at the end of paragraph (1)(a) there is added–
“Provided that sub-paragraph (a)(ii) shall not apply in the case of a person who, not being entitled to participate in the scheme provided under these Regulations prior to 6th April 1988, does not become an officer within one month of that date:”;
b
in paragraph (3) after the words “regulation 8(1)(a)(i)” there is inserted “and the officer has completed not less than 5 years' service”.
Amendment of regulation 37 of the principal Regulations
16
Regulation 37(5) of the principal Regulations (return of contributions) is amended as follows–
a
for paragraph (a) there is substituted–
a
after 5th April 1975 if on ceasing to be an officer he has completed 2 years' service (excluding any added years) subsequent to that date;
;
b
for paragraph (c) there is substituted–
c
in respect of which there has been paid to the Secretary of State a transfer payment in respect of his rights under a personal pension scheme.
.
Amendment of regulation 41 of the principal Regulations
17
In regulation 41(3) of the principal Regulations (calculation of benefits in the case of certain re-employed pensioners) after the words “the service reckonable by him” there is inserted “(other than, in a case where regulation 8(4) applies, contributory service added under regulation 34(3) in respect of any further pension to which he becomes entitled)”.
Qualifying period in the case of optants
18
In regulations 44(7)(e), 45(1)(b) and (c), 46(5)(b) and 48(9)(c)(ii) of, and in paragraph 12(1) of Schedule 10 to, the principal Regulations for the words “5 years” in each place where they appear there is substituted “2 years”.
Amendment of regulation 46 of the principal Regulations
19
Regulation 46 of the principal Regulations (minimum benefits for certain optants) is amended by inserting the following paragraph after paragraph (7)–
7A
Where the officer to whom this regulation applies is a female, paragraphs (3) to (7) shall apply as if–
a
any reference to a male officer was a reference to a female officer and any reference to a widow’s pension was a reference to a widower’s pension;
b
the reference in paragraph (3) to 6th April 1978 was a reference to 6th April 1988.
.
Revocation of regulation 52 of the principal Regulations
20
Regulation 52 of the principal Regulations (benefits in case of late entrants) is revoked.
Amendment of regulation 55 of the principal Regulations
21
In regulation 55(2)(b) of the principal Regulations (mental health officers) for the words “from and including attainment” there is substituted “after attainment”.
Limits on pensionable remuneration in the case of new officers
22
1
After regulation 58 of the principal Regulations there is inserted–
Modifications in connection with Inland Revenue requirements
58A
1
This regulation applies in the case of a person who becomes an officer on or after 1st June 1989 (whether or not he may at any time previously have been an officer) except where on becoming an officer on or after that date–
a
he is entitled (either under these Regulations or under a health service scheme) to reckon an earlier period of service which includes service prior to that date, and
b
either–
i
that earlier period of service becomes reckonable under regulation 21(1) or 82(2)(d), or
ii
the break in his service prior to becoming an officer on or after that date was by reason of his secondment or posting to another employer in circumstances where there was at the time of the secondment or posting a definite expectation that he would again become an officer.
2
In the case of a person to whom this regulation applies, in calculating the amount of any contributions due or benefits payable under these Regulations, no account shall be taken of any remuneration in excess of the permitted maximum laid down in relation to retirement benefit schemes approved under section 590 of the Income and Corporation Taxes Act 1988 .
.
2
In the definition of remuneration in regulation 3 of the principal Regulations after the words “except as provided in regulation 2(6),” there is inserted “58A,”.
3
In regulation 69(2) of the principal Regulations (meaning of “remuneration” in relation to practitioners) there is inserted at the beginning “Subject to regulation 58A,”.
4
In regulation 77(a) of the principal Regulations (meaning of “remuneration” in relation to assistant practitioners) there is inserted at the beginning “subject to regulation 58A,”.
Amendment of regulation 66 of the principal Regulations
23
For regulation 66(1) of the principal Regulations (accounts) there is substituted–
1
The Secretary of State shall keep an account in such form and prepared in such manner as the Treasury may approve of all receipts and payments under these Regulations.
Transfer of functions to the Treasury
24
In regulations 7(1)(b), 49(2) and (3), 50(1), (2) and (3) and 66(3) of the principal Regulations for the words “Minister for the Civil Service” in each place where they appear there is substituted “Treasury”.
Amendment of regulation 67 of the principal Regulations
25
For regulation 67 of the principal Regulations there is substituted the following–
Application to practitioners
67
1
Subject to paragraph (2), these Regulations shall apply to every practitioner as if he were an officer in the employment of a Family Practitioner Committee.
2
In the case of a practitioner who is on the list of more than one Family Practitioner Committee an election pursuant to regulation 6(2) in respect of any one of those Family Practitioner Committees, or the revocation of such an election, shall also be deemed to apply in respect of any such other Family Practitioner Committee.
3
Notwithstanding paragraph (2), a practitioner who makes an election under regulation 6(2) in respect of his practitioner service may nonetheless be an officer for the purposes of these Regulations in respect of any service otherwise than as a practitioner.
.
Amendment of regulation 69 of the principal Regulations
26
After paragraph (9) of regulation 69 of the principal Regulations (meaning of “remuneration” in relation to a practitioner) there is added–
10
For the purpose of calculating, under paragraph (2) above, the remuneration of a practitioner who is in partnership with one or more other practitioners or who employs one or more assistant practitioners, any election under regulation 6(2) by any of those other practitioners shall be disregarded.
.
Amendment of regulation 72 of the principal Regulations
27
At the end of regulation 72(1) of the principal Regulations (prior service to be treated as practitioner service) there is added the following proviso–
Provided that the amount of any benefits payable under these regulations shall be calculated as if this paragraph did not apply where–
a
the value of the practitioner service is less than the value of the service otherwise than as a practitioner (there being left out of account in either case any added years or any period added under Regulations 34 and 75), and
b
treatment of the prior service as practitioner service would operate so as to reduce the amount of the benefits payable.
.
Amendment of regulation 75 of the principal Regulations
28
In regulation 75(2) and (3) of the principal Regulations (reckoning of practitioner service) after the words “to a practitioner” there is inserted “who has not less than 5 years service and”.
Amendment of regulation 76 of the principal Regulations
29
In regulation 76 of the principal Regulations (abatement of pension in relation to practitioners) after the word “disregarded” there is inserted “unless that pension became payable in consequence of the practitioner being subject to an election under regulation 6(2) in which case such further employment shall not be disregarded”.
Amendment of regulation 80 of the principal Regulations
30
Regulation 80 of the principal Regulations (right to a transfer payment) is amended as follows–
a
for paragraph (1) there is substituted–
1
Subject to paragraphs (1A), (3) and (5), where a person has either left an employment or made an election under regulation 6(2) and as a result is no longer an officer in relation to any employment then if–
a
his employment terminated or his election took effect before he attained the age of 60 years, or where paragraph (5) applies, the age of 59 years;
b
he is a person–
i
who has completed 2 or more years' service, or
ii
who has within 12 months of the date on which his employment terminated or his election took effect or within such longer period as the Secretary of State may allow, become a member of a superannuation scheme or entered into an arrangement in respect of which paragraph (5) applies and has, within the aforementioned period, or in the case of a transfer to a superannuation or personal pension scheme within 12 months of becoming a member of that scheme, made an application for a transfer payment under sub-paragraph (d);
c
no benefit under these Regulations has been paid, or, where paragraph (5) applies, is payable, to him other than–
i
a benefit consisting of a return of contributions in respect of part only of his contributing service (whether or not repaid to the Secretary of State), or
ii
a benefit consisting of a return of contributions in respect of all his contributing service paid to him by the Secretary of State under regulation 37 where he has repaid to the Secretary of State an amount equal to the sum received by him, or
iii
any funds paid to him on account of benefit under these or the previous Regulations, where he has ceased to be employed in the circumstances mentioned in regulation 8(7) and has repaid to the Secretary of State the amount paid to him;
d
he has, before attaining–
i
the age of 60 years, or
ii
where paragraph (5) applies the age of 59 years or six months after the date on which he ceased to be subject to these Regulations, whichever is later,
made an application in writing to the Secretary of State for a transfer payment to be made, and has not subsequently withdrawn it in accordance with paragraph 9(a); and
e
he is not a person the whole of whose benefits under these Regulations have been forfeited by virtue of a direction made by the Secretary of State under regulation 62,
the Secretary of State shall, in respect of that person provide a transfer payment, calculated in accordance with Part I of Schedule 2, to be used at that person’s option in one or more of the ways set out in paragraph 13(2) of Schedule 1A to the Pensions Act.
;
b
after paragraph (1) there is inserted–
1A
Notwithstanding the provisions of paragraph (1)–
a
a transfer payment arising out of the termination of an officer’s employment may be made to a personal pension scheme or a self-employed pension arrangement only–
i
if the employment was terminated on or after 1st January 1986, and
ii
in a case where the application relates to a period of contributing service of 2 years or more falling before 6th April 1988, if a period of not less than one month has elapsed between the date of the termination of the employment and the date of the commencement of any further employment in which he is entitled to participate in the scheme provided under these Regulations;
b
a transfer payment arising out of an election under regulation 6(2) may relate only to a period of contributing service falling on or after 6th April 1988 unless the applicant’s contributing service prior to that date is less than 2 years, in which case that service shall also be included.
;
c
in paragraph (2) the word “old” is omitted and after the word “employment” in the second place where it appears there is inserted “as officers”;
d
in paragraph (5) after the words “insurance companies” there is inserted “or to a personal pension scheme or self-employed pension arrangement”.
Amendments relating to transfers from Community Institutions
31
1
Regulation 8(1)(a)(iii) of the principal Regulations is revoked.
2
In regulation 20(3)(c)(ii) of the principal Regulations the words “except that” to the end are omitted.
3
In regulation 80(4) of the principal Regulations the words “other than the provisions of regulation 8(1)(a)(iii) and regulation 20(3)(c)(ii)” are omitted.
Amendment of Schedule 2 to the principal Regulations
32
Schedule 2 to the principal Regulations (calculation of transfer payments and of credited service) is amended as follows–
a
in paragraph 1 for the words “2, 3, 4, 6 and 7” there is substituted “2, 3, 5 and 6”;
b
for paragraph 3 there is substituted–
3
Where a transfer payment is to be made in circumstances where the recipient is not to become responsible for the provision of benefits in respect of a person’s accrued rights to any guaranteed minimum pension the transfer payment shall be reduced by the deduction of an amount sufficient to enable the Secretary of State to meet his liability in respect of any such guaranteed minimum pension.
;
c
in paragraph 4(c) after the word “officer” there is inserted “or the date on which he ceased to be an officer by virtue of an election under regulation 6(2)”;
d
in paragraph 8(b) for the words “material date” there is substituted “appropriate date”;
e
at the end of paragraph 9(1)(a) the word “and” is omitted and after that paragraph there is inserted–
aa
in the case of a transfer from a self-employed pension arrangement a period of service calculated in accordance with paragraph 8(b);
;
f
in paragraph 9(1)(b) after the word “superannuation” there is inserted “or personal pension”.
Amendment of Schedule 5 to the principal Regulations
33
In Schedule 5 to the principal Regulations (child’s allowance) after paragraph 4 there is inserted–
4A
Where there is a surviving parent or spouse of a parent but the circumstances are such that at the time of the officer’s death there was no entitlement to a widow’s or a widower’s pension, any child’s allowance payable under these Regulations shall be paid at the rate applicable had there been no surviving parent or spouse of a parent.
.
Amendment of Schedule 8 to the principal Regulations
34
Schedule 8 to the principal Regulations (purchase of unreduced retiring allowance) is amended by inserting at the beginning of Table 1 the entries set out in Part I of Schedule 2 to these Regulations and by inserting at the beginning of Table 2 the entries set out in Part II of Schedule 2 to these Regulations.
Regulations having retrospective effect
35
1
Regulations 8(1) and 9 of these Regulations shall have effect from 20th July 1984.
2
Regulation 17 of these Regulations shall have effect from 3rd June 1986.
3
Regulation 27 of these Regulations shall have effect from 1st March 1987.
4
Regulations 2(c), 3 to 7, 8(2), 11 to 13, 15, 16, 19, 25, 26, 28, 29, 30, 33 and 34 of these Regulations shall have effect from 6th April 1988.
Option to persons detrimentally affected by these Regulations
36
1
This regulation applies in relation to any pension which is being paid or may become payable under the principal Regulations to or in respect of a person who, having served in an employment or office service in which qualifies persons to participate in the benefits provided under the principal Regulations, has ceased to serve therein or died before these Regulations come into force.
2
Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than he would have been if the provision had not applied, that person may elect that the provision shall not so apply by giving notice in accordance with paragraph (3).
3
A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Secretary of State within 6 months of the coming into force of these Regulations.
Signed by authority of the Secretary of State for Health.
R. N. Freeman
Parliamentary Under-Secretary of State,
Department of Health
8th May 1989
We consent to the making of these Regulations.
Stephen Dorrell
Alan Howarth
Lords Commissioners of Her Majesty’s Treasury
8th May 1989


text:
1
These Rules may be cited as the Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989 and shall come into force on 1st April 1989.
2
Subject to rule 3 of these Rules, the following Rules–
The Maintenance Orders (Facilities for Enforcement) Rules 1922
The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959
The Magistrates' Courts (Blood Tests) Rules 1971
The Magistrates' Courts (Guardianship of Minors) Rules 1974
The Magistrates' Courts (Forms) Rules 1981
The Magistrates' Courts Rules 1981
The Magistrates' Courts (Adoption) Rules 1984
The Magistrates' Courts (Children and Young Persons) Rules 1988
shall have effect subject to the amendments set out in the Schedule to these Rules.
3
These Rules shall not apply in relation to any application to a magistrates' court, any affiliation order or any order made under a provision of the Guardianship of Minors Acts 1971 and 1973 in relation to which the Family Law Reform Act 1987 does not have effect.
Mackay of Clashfern, C.
Dated 8th March 1989


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 9) Order 1989.
2
The following provisions of the Criminal Justice Act 1988 shall come into force on 26th September 1989–
a
Section 1(9) to the extent necessary to bring into force Part II of Schedule 1; and
b
Part II of Schedule 1 (amendment of the Backing of Warrants (Republic of Ireland) Act 1965 to introduce into that Act provisions corresponding to certain provisions of Part I of the Criminal Justice Act 1988).
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
4th September 1989


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Hovercraft (Application of Enactments) Order 1989 and shall come into force on the fourteenth day after the day on which it is made.
2
Article 9 of, and Schedule 4 to, the Hovercraft (Application of Enactments) Order 1972 are revoked.
Inquiries and investigations into Hovercraft Casualties
2
Sections 55 to 58 of the Merchant Shipping Act 1970 (inquiries and investigations into shipping casualties) and the Merchant Shipping (Formal Investigations) Rules 1985 shall apply in relation to hovercraft as they apply in relation to ships, and for that purpose shall have effect subject to the modifications respectively set out in Parts A and B of Schedule 1 to this Order.
Prevention of Pollution by Hovercraft
3
The following provisions, that is to say —
The Prevention of Oil Pollution Act 1971
Sections 2(2A), (2B) and (4), 5, 7, 11, 20, 23, 24 and 30.
The Merchant Shipping (Prevention of Oil Pollution Order 1983
Articles 4, 5 and 6.
The Merchant Shipping (Prevention of Oil Pollution) Regulations 1983
Regulations 1 to 12, 14, 16, 25 and 32 to 34; Appendices II and IV of Schedule 1; Appendix 1 of Schedule 2; and Schedule 3.
The Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987
The whole Regulations.
The Merchant Shipping (Control of Pollution by Garbage) Regulations 1988
The whole Regulations.
The Merchant Shipping (Reception Facilities for Garbage) Regulations 1988
The whole Regulations.
shall apply in relation to hovercraft as they apply in relation to vessels and ships, and for that purpose shall have effect subject to the modifications —
that for any reference to a vessel or a ship, or to vessels or ships (except in the expression “sea-going ships” in section 2(2A) of the said Act of 1971) there shall respectively be substituted a reference to a hovercraft and to hovercraft; and
that the definition of “ship” in regulation 1 of each of the said Regulations is omitted;
and to the further modifications respectively set out in Parts A, B and C of Schedule 2 to this Order.
Safety Regulations
4
Sections 21 and 22 of the Merchant Shipping Act 1979 shall apply in relation to hovercraft as they apply in relation to ships, and for that purpose shall have effect subject to the modification that for any reference to a ship, or to ships, there shall respectively be substituted a reference to a hovercraft and to hovercraft.
G. I. de Deney
Clerk of the Privy Council.


text:
Citation
1
This Order may be cited as the Health and Medicines Act 1988 (Commencement No. 2) Order 1989.
Appointed day
2
27th February 1989 is the day appointed for the coming into force of section 25(2) of the Health and Medicines Act 1988 (repeals) so far as it relates to the following enactments–
a
sections 1 to 9, 11 and 12(2) and (3) of, and the Schedule to, the National Health Service Act 1966 ;
b
paragraph 59 of Schedule 6 to the Superannuation Act 1972 ;
c
sections 17 and 19 of the Health Services Act 1980 ;
d
section 8 of the Health and Social Security Act 1984 ;
e
in Schedule 2 to the Companies Consolidation (Consequential Provisions) Act 1985 , the entry relating to the National Health Service Act 1966.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
26th January 1989