type: legislation

jurisdiction: UK

text:
Application, citation and commencement
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 and shall come into force on the twenty-eighth day after the day on which they are made.
2
These Regulations apply–
a
to applications for planning permission made on or after the date when they come into operation;
b
to applications for approval of reserved matters made on or after the date when they come into operation;
c
to applications for consent for the display of advertisements made on or after the date when they come into operation;
d
to applications for planning permission deemed to have been made, by virtue of section 88B(3) of the Town and Country Planning Act 1971 , in connection with an enforcement notice issued on or after the date when they come into operation; and
e
to applications for planning permission deemed to have been made, by virtue of section 95(6) of the Town and Country Planning Act 1971, in connection with an application for an established use certificate made on or after the date when they come into operation.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1971 Act ” means the Town and Country Planning Act 1971;
“the 1984 Regulations ” means the Town and Country Planning (Control of Advertisements) Regulations 1984 ;
“the General Development Order ” means the Town and Country Planning General Development Order 1988 ;
“dwellinghouse” means a building or part of a building which is used as a single private dwellinghouse and for no other purpose;
“glasshouse” means a building which–
has not less than three-quarters of its total external area comprised of glass or other translucent material;
is designed for the production of flowers, fruit, vegetables, herbs or other horticultural produce; and
is used, or is to be used, solely for the purposes of agriculture;
“outline planning permission” and “reserved matters” have the same meaning as in the General Development Order;
“use for residential purposes” means use as a dwellinghouse;
“use of land” includes use of land for the winning and working of minerals.
2
Subject to paragraph (3) below, expressions used in these Regulations have, unless the context otherwise requires, the meaning which they bear in the 1971 Act.
3
Expressions used in regulation 11 and Schedule 2 have, unless the context otherwise requires, the meaning which they bear in the 1984 Regulations.
4
References in regulations 7(2)(d), 8(2)(f), 10(5) and 11(10)(e) and in paragraph 5(1) of Schedule 1 to particular provisions of these Regulations shall be construed as including references to the corresponding provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1981 and the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1983 .
Fees for planning applications
3
1
Subject to regulations 4 to 9, where an application is made to a local planning authority for planning permission for the development of land or for the approval of reserved matters, a fee shall be paid to that authority.
2
The fee payable in respect of the application shall be calculated in accordance with Schedule 1.
3
The fee due in respect of an application shall (subject to paragraph 8(2) of Schedule 1) be paid to the local planning authority with whom the application is lodged and shall accompany the application.
4
Where the local planning authority who receive the fee in accordance with paragraphs (1) to (3) are not the local planning authority who have to determine the application, they shall remit the fee to that authority at the same time as they forward the application to them.
5
Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Exceptions
4
1
Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to–
a
the carrying out of operations for the alteration or extension of an existing dwellinghouse; or
b
the carrying out of operations (other than the erection of a dwellinghouse) in the curtilage of an existing dwellinghouse,
for the purpose, in either case, of providing means of access to or within the dwellinghouse for a disabled person who is resident in, or is proposing to take up residence in, that dwellinghouse, or of providing facilities designed to secure his greater safety, health or comfort.
2
Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to the carrying out of operations for the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted (whether on payment or otherwise).
3
In this regulation, “disabled person” means a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948 applies.
5
1
Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied–
a
that the application relates solely to development which is within one or more of the classes specified in Schedule 2 to the General Development Order; and
b
that the permission granted by article 3 of that Order does not apply in respect of that development by reason of (and only by reason of)–
i
a direction made under article 4 of that Order which is in force on the date when the application is made; or
ii
the requirements of a condition imposed on a permission granted or deemed to be granted under Part III of the 1971 Act otherwise than by that Order.
2
The reference in sub-paragraph (1)(a) to an application which relates to development which is within one or more of the classes specified in Schedule 2 to the General Development Order shall be construed as including an application for planning permission for the continuance of a use of land, or the retention of buildings or works, without compliance with a condition subject to which a previous planning permission has been granted, where the condition in question prohibits or limits the carrying out of any development which is within one or more of the said classes.
6
Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied–
a
that the application relates solely to the use of a building or other land for a purpose of any class specified in the Schedule to the Town and Country Planning (Use Classes) Order 1987 ; and
b
that the existing use of that building or other land is for another purpose of the same class; and
c
that the making of an application for planning permission in respect of the use to which the application relates is necessary by reason of (and only by reason of) the requirements of a condition imposed on a permission granted or deemed to be granted under Part III of the 1971 Act.
7
1
Where all the conditions set out in paragraph (2) are satisfied, regulation 3 shall not apply to–
a
an application for planning permission which is made following the granting of planning permission for development which the local planning authority are satisfied is development of the same character or description as the development to which the application relates, on an application for planning permission made by or on behalf of the same applicant; or
b
an application for approval of one or more reserved matters which is made following the granting of approval of details relating to the same reserved matters authorised by the same outline planning permission, on an application made by or on behalf of the same applicant.
2
The conditions referred to in paragraph (1) are–
a
that the application is made within 12 months of the date of the grant of planning permission or grant of approval of details of reserved matters, as the case may be;
b
that the application relates–
i
in the case of an application for planning permission, to the same site as that to which the grant of planning permission related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site; or
ii
in the case of an application for approval of reserved matters, to the same site as that in respect of which the approval was granted, or to part of that site (and no other land);
c
in the case of an application for planning permission which is not made in outline, that the planning permission which has been granted is not an outline planning permission;
d
that no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from regulation 3 by this regulation.
8
1
Where all the conditions set out in paragraph (2) are satisfied, regulation 3 shall not apply to–
a
an application for planning permission which is made following the withdrawal (before notice of decision was issued) of an application for planning permission made by or on behalf of the same applicant;
b
an application for planning permission which is made following the refusal of planning permission (whether by the local planning authority or by the Secretary of State on appeal or following the reference of the application to him for determination) on an application for planning permission made by or on behalf of the same applicant;
c
an application for planning permission which is made following the making of an appeal to the Secretary of State under section 37 of the 1971 Act (appeal in default of planning decision) in relation to an application for planning permission made by or on behalf of the same applicant;
d
an application for approval of one or more reserved matters which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same applicant for approval of details relating to the same reserved matters authorised by the same outline planning permission;
e
an application for approval of one or more reserved matters which is made following the refusal (whether by the local planning authority or by the Secretary of State on appeal or following the reference of the application to him for determination) to approve details relating to the same reserved matters which were submitted in an application made by or on behalf of the same applicant and in relation to the same outline planning permission; or
f
an application for approval of one or more reserved matters which is made following the making of an appeal to the Secretary of State under section 37 of the 1971 Act in relation to an application made by or on behalf of the same applicant for approval of details relating to the same reserved matters authorised by the same outline planning permission.
2
The conditions referred to in paragraph (1) are–
a
that the application is made within 12 months of–
i
the date when the earlier application was made, in the case of a withdrawn application;
ii
the date when (by virtue of the relevant provisions of the General Development Order) the period for the giving of notice of a decision on the earlier application expired, in the case of an application which is made following an appeal under section 37 of the 1971 Act; or
iii
the date of the refusal, in any other case;
b
that the application relates–
i
in the case of an application for planning permission, to the same site as that to which the earlier application related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site; or
ii
in the case of an application for approval of reserved matters, to the same site as that to which the earlier application related, or to part of that site (and no other land);
c
in the case of an application for planning permission, that the local planning authority to whom the application is made are satisfied that it relates to development of the same character or description as the development to which the earlier application related (and to no other development);
d
in the case of an application for planning permission which is not made in outline, that the earlier application was also not made in outline;
e
that the fee payable in respect of the earlier application was paid; and
f
that no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from regulation 3 by this regulation.
9
Regulation 3 shall not apply to impose a fee in relation to an application to a local planning authority for permission to carry out development consisting of the winning and working of minerals where the application–
a
is for a permission which consolidates two or more subsisting permissions; and
b
does not seek permission for development which is not authorised by a subsisting permission.
Fees for deemed applications
10
1
Subject to paragraphs (3), (5) and (6), a fee shall be paid to the Secretary of State in every case where an application for planning permission is deemed to have been made–
a
by virtue of section 88B(3) of the 1971 Act (in consequence of an appeal under section 88 of the 1971 Act against an enforcement notice); or
b
by virtue of section 95(6) of the 1971 Act (in consequence of an appeal under section 95(2) against a decision of a local planning authority on an application for an established use certificate, or in consequence of an application for an established use certificate which has been referred to the Secretary of State under section 95(1)).
2
Subject to paragraph (14) and regulation 12(2), the fee payable in respect of a deemed application shall be calculated in accordance with Schedule 1.
3
In the case of an application deemed to have been made by virtue of section 88B(3) of the 1971 Act, a fee shall be paid in respect of that deemed application by every person who has made a valid appeal against the relevant enforcement notice and whose appeal has not been withdrawn before the date on which the Secretary of State issues a notice under paragraph (4).
4
The fee due in respect of a deemed application shall be paid at such time as the Secretary of State may in the particular case specify by notice in writing to the appellant or applicant.
5
In the case of an application deemed to have been made by virtue of section 88(B)(3) of the 1971 Act, this regulation shall not apply where the person who has appealed against the relevant enforcement notice had–
a
before the date when the notice was issued, made an application to the local planning authority for planning permission for the development to which the relevant enforcement notice relates (and had paid to the authority the fee payable in respect of that application); or
b
before the date specified in the notice as the date on which the notice is to take effect, made an appeal to the Secretary of State against the refusal of the local planning authority to grant such permission,
and at the date when the relevant enforcement notice was issued that application or, in the case of an appeal made before that date, that appeal, had not been determined.
6
In the case of an application deemed to have been made by virtue of section 95(6) of the 1971 Act, this regulation shall not apply in any case where —
a
the relevant application or appeal has been withdrawn; or
b
the applicant or appellant has been informed that the Secretary of State declines jurisdiction on his application or appeal,
before the Secretary of State issues a notice under paragraph (4).
7
Regulations 4, 5 and 6 shall apply to a deemed application as they apply to an application for planning permission made to the local planning authority, with the following modifications–
a
references to the local planning authority to whom the application is made shall be construed as references to the Secretary of State; and
b
references to the development to which the application relates shall be construed as references to the use of land or the operations to which the relevant enforcement notice relates, or to the use of land in respect of which the relevant application for an established use certificate was made, as the case may be.
8
In the case of an application deemed to have been made by virtue of section 88B(3) of the 1971 Act, in the event that the Secretary of State–
a
declines jurisdiction on the relevant appeal under section 88 of the 1971 Act on the grounds that it does not comply with one or more of the requirements of subsections (1) to (3) of that section;
b
dismisses the relevant appeal in exercise of the powers contained in section 88(6)(a) of the 1971 Act (on the grounds that the appellant has failed to comply with subsection (4) of that section); or
c
allows the relevant appeal and quashes the relevant enforcement notice in exercise of the powers contained in section 88(6)(b) of the 1971 Act (on the grounds that the local planning authority have failed to comply with a requirement of any Regulations made under subsection (5) of that section),
any fee paid in respect of the deemed application shall be refunded to the appellant by the Secretary of State.
9
a
In the event of the relevant appeal under section 88 or 95 of the 1971 Act, or the relevant application which has been referred to the Secretary of State under section 95(1) of that Act, being withdrawn with the result that there are at least 21 days between the date of withdrawal and–
i
the date (or in the event of postponement, the latest date) appointed for the holding of an inquiry into that appeal or application; or
ii
in the case of an appeal or application which is being dealt with by way of written representations, the date (or in the event of postponement, the latest date) appointed for the inspection of the site to which the enforcement notice or the application for an established use certificate relates,
any fee paid in respect of the deemed application shall be refunded to the appellant or the applicant by the Secretary of State.
b
For the purpose of this paragraph an application or appeal shall be treated as being withdrawn on the date on which notice in writing of the withdrawal is received by the Secretary of State.
10
The reference in paragraph (9) above to an appeal or application being dealt with by way of written representations shall be construed as a reference to an appeal or application in respect of which neither the appellant or applicant (as the case may be) nor the local planning authority has asked for an opportunity of appearing before and being heard by a person appointed by the Secretary of State and in respect of which no local inquiry is to be held under section 282 of, or Schedule 9 to, the 1971 Act.
11
In the case of an application which is deemed to have been made by virtue of section 88B(3) of the 1971 Act, any fee paid by an appellant shall be refunded to him by the Secretary of State in the event of the local planning authority withdrawing the relevant enforcement notice before it takes effect or if the Secretary of State decides that the enforcement notice is a nullity.
12
Save in the case of an application deemed to have been made in connection with an enforcement notice alleging a breach of planning control by the use of land as a caravan site, the fee paid by the appellant in respect of an application deemed to have been made by virtue of section 88B(3) of the 1971 Act shall be refunded to him by the Secretary of State in the event of the Secretary of State allowing the appeal against the relevant enforcement notice on–
a
grounds set out in section 88(2) (b) to (f) of the 1971 Act; or
b
the ground that the notice is invalid, or that it contains an informality, defect or error which cannot be corrected in pursuance of his powers under section 88A(2) of the 1971 Act.
13
In the case of an application which is deemed to have been made by virtue of section 95(6) of the 1971 Act, the fee paid by the applicant or appellant shall be refunded to him by the Secretary of State in the event of the Secretary of State granting him an established use certificate, or modifying the certificate granted by the local planning authority on the application, in pursuance of the provisions of section 95(1) or section 95(2)(a) of the 1971 Act, or determining that he has no power to grant planning permission under section 95(3) of the 1971 Act (whether because there is no subsisting use of the land in relation to which he may grant planning permission or for any other reason).
14
a
In the case of an application which is deemed to have been made by virtue of section 88B(3) of the 1971 Act where–
i
an enforcement notice is varied under section 88A otherwise than to take account of a grant of planning permission under section 88B; and
ii
the fee calculated in accordance with Schedule 1 would have been a lesser amount if the original notice had been in the terms of the varied notice,
the fee payable shall be that lesser amount and any excess amount already paid shall be refunded.
b
In determining a fee under sub-paragraph (a) no account shall be taken of any change in fees which takes effect after the making of the deemed application.
Fees for applications for consent for advertisements
11
1
Where an application is made to a local planning authority under regulation 17 of the 1984 Regulations for consent for the display of an advertisement, a fee shall be paid to that authority in accordance with this regulation.
2
Where the application relates to the display of one advertisement only the fee payable in respect of the application shall be the amount specified in the table in Schedule 2 for the appropriate category.
3
Where the application relates to the display of more than one advertisement on the same site a single fee shall be payable in respect of all of the advertisements to be displayed on that site and listed in the application and–
a
if all of the advertisements are within the same category the fee payable shall be the amount specified for that category;
b
if all of the advertisements are within categories 1 and 2 the fee payable shall be the amount specified for category 1;
c
if one or more of the advertisements is within category 3 the fee payable shall be the amount specified for category 3.
4
Where the application relates to the display of advertisements on parking meters, litter bins or bus shelters within a specified area, the whole of the area to which the application relates shall be treated as one site for the purpose of this regulation.
5
Where the application relates to the display of advertisements on more than one site, the fee payable in respect of the application shall be the aggregate of the sums payable in respect of the display of advertisements on each such site.
6
Where the application is made by or on behalf of a parish council or community council, the fee payable in respect of the application shall be one-half of the amount appropriate to the display of the advertisement to which the application relates.
7
The fee due in respect of an application shall be paid to the local planning authority with whom the application is lodged and shall accompany the application.
8
In the case of an application made in relation to a site within a National Park, the amount of fee shall be remitted to the county planning authority when the application is forwarded to that authority for determination.
9
Where all of the conditions set out in paragraph (10) are satisfied, this regulation shall not apply to–
a
an application which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same person; or
b
an application which is made following the refusal of consent (whether by the local planning authority or by the Secretary of State on appeal) for the display of advertisements on an application made by or on behalf of the same person.
10
The conditions referred to in paragraph (9) are–
a
that the application is made within 12 months of–
i
the date when the earlier application was made, in the case of a withdrawn application; or
ii
in any other case, the date of refusal;
b
that the application relates to the same site as that to which the earlier application related, or to part of that site;
c
that the local planning authority to whom the application is made are satisfied that it relates to an advertisement, or advertisements, of the same description as the advertisement or advertisements to which the earlier application related;
d
that the fee payable in respect of the earlier application was paid; and
e
that no previous application has at any time been made by or on behalf of the same applicant which related to–
i
the same site as the site to which the earlier application related; and
ii
an advertisement of the same description as the advertisement (or any of the advertisements) to which the earlier application related,
and which was exempted from the provisions of this regulation by paragraph (9).
11
No fee is payable under this regulation in respect of an application for consent to display an advertisement if the application is occasioned by a direction under regulation 15 of the 1984 Regulations disapplying regulation 14 in relation to the advertisement in question.
12
Any fee paid pursuant to this regulation shall be refunded if the relevant application is rejected as invalidly made.
Revocation
12
1
Subject to paragraph (2), the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1983 , the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1985 and the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1987 are hereby revoked.
2
The regulations referred to in paragraph (1) shall continue to apply to applications for planning permission deemed to have been made by virtue of section 88B(3) or section 95(6) of the 1971 Act in connection with an enforcement notice issued or, as the case may be, an application for an established use certificate made before the date when these regulations come into force.
Nicholas Ridley
Secretary of State for the Environment
13th February 1989
Peter Walker
Secretary of State for Wales
14th February 1989


text:
Application, citation and commencement
1
1
This Order shall apply to the Liverpool and Wirral urban development area.
2
This Order may be cited as the Town and Country Planning (Liverpool and Wirral Urban Development Area) Special Development Order 1989 and shall come into force on 29th January 1990. Interpretation 2. In this Order, “Liverpool and Wirral urban development area” means the area designated as an urban development area by the Liverpool and Wirral Urban Development Area Order 1988 .
Permitted development
3
1
The Town and Country Planning (Merseyside Urban Development Area) Special Development Order 1981 shall have effect to permit development within the Liverpool and Wirral urban development area in the circumstances in which, and to the same extent as, and subject to the same limitations, conditions and restrictions as, it is permitted by that Order in the area designated as an urban development area by the Merseyside Development Corporation (Area and Constitution) Order 1980 , and, accordingly, the first mentioned Order shall have effect subject to the modifications mentioned in paragraph (2).
2
The modifications mentioned in paragraph (1) are —
i
in article 1(1), the insertion at the end of the words “and the Liverpool and Wirral urban development area”;
ii
in article 2(1), the substitution for the definition of “development area” of —
“development area” means the areas designated as urban development areas by the Merseyside Development Corporation (Area and Constitution) Order 1980 and the Liverpool and Wirral Urban Development Area Order 1988;
and;
iii
in article 7(1)(f), the substitution of the words “the development area” for “their area”.
Chris Patten
Secretary of State for the Environment
21st December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan Regulations 1989 and shall come into force on 6th April 1989.
Interpretation
2
1
In these Regulations unless the context otherwise requires:–
a
“ the Board ” means the Commissioners of Inland Revenue;
“gains” means“chargeable gains” within the meaning of the Capital Gains Tax Act 1979;
“investment trust” has the same meaning as in section 842 of the Taxes Act ;
“the Management Act ” means the Taxes Management Act 1970 ;
“market value” shall be construed in accordance with section 150 of the Capital Gains Tax Act 1979;
“notice” means notice in writing and“notify” shall be construed accordingly;
“ordinary share” means a share which forms part of a company’s ordinary share capital (within the meaning of section 832(1) of the Taxes Act);
a“ plan investment” is an investment under a plan which is a qualifying investment within the meaning of regulation 6;
a“ plan investor” is an individual who subscribes to a plan and who is a qualifying individual within the meaning of regulation 7;
a“ plan manager” is a person who fulfils the conditions of these Regulations and is approved by the Board for the purposes of these Regulations as a plan manager;
a“ portfolio” is a portfolio of plan investments which are held under a plan;
“recognised stock exchange” has the same meaning as in section 841 of the Taxes Act;
“share” includes stock;
“tax” where neither income tax nor capital gains tax is specified means either of those taxes;
“tax credit” means a credit under section 231 of the Taxes Act;
“year” means a year beginning with 6th April in any year and ending with 5th April in the following year;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“the 1986 Regulations ” means the Personal Equity Plan Regulations 1986 .
b
“authorised unit trust” means a unit trust scheme in the case of which an order under section 78 of the Financial Services Act 1986 is in force and which is an authorised securities scheme within the meaning of the Authorised Unit Trust Scheme (Investment and Borrowing Powers) Regulations 1988 ;
“unit holder” means a person entitled to a share of the investments subject to the trusts of a unit trust scheme;
“unit trust scheme” has the same meaning as in section 469 of the Taxes Act;
and references to a“ unit” include references to a fraction of a unit.
2
The Table below indexes other definitions in these Regulations:
Term defined Regulation
Annual claim 20 Interim claim 19 Plan 4(1) Qualifying individual 7 Qualifying investments 6 Subscription limit 4(4)
Introductory
3
These Regulations provide–
a
for the setting up of plans by plan managers approved by the Board under which individuals may make certain investments, for the conditions under which they may invest and under which those plans are to operate, for relief from tax in respect of plan investments and generally for the administration of tax in relation to plans, and
b
for transitional arrangements in respect of plans and plan investors under the 1986 Regulations.
General conditions for plans and subscriptions to plans
4
1
A plan is a scheme of investment to which an individual who is a qualifying individual may subscribe and in respect of which (subject to regulation 10) the following conditions must be fulfilled–
a
a qualifying individual may subscribe to only one plan in any year;
b
subject to paragraph (2)–
i
the individual may not subscribe to a plan otherwise than by means of a sum or sums of his cash paid directly to the plan manager; and
ii
the individual’s cash subscription may not exceed the subscription limit in any year.
2
Where, in pursuance of a public offer, an application is made by a qualifying individual for the allotment to him of shares of a company which are qualifying investments and such shares are allotted to that individual, he may, subject to the conditions prescribed by paragraph (3), subscribe to a plan by transferring or renouncing his rights to any shares so allotted to the plan manager or a nominee for the plan manager.
3
The conditions prescribed by this paragraph are–
a
that the shares are transferred, or the rights to the shares are renounced, within 30 days of their allotment to the individual;
b
that any sum payable on such an application and the individual’s cash subscription to the plan do not together exceed the subscription limit in any year.
4
The subscription limit for the purposes of these Regulations is £4,800.
5
A plan must be managed in accordance with these Regulations by a plan manager and under terms agreed in writing between the plan manager and the plan investor.
6
Apart from other requirements of these Regulations the terms agreed to which paragraph (5) refers shall include the following conditions–
a
that the plan investments shall be in the beneficial ownership of the plan investor;
b
that the title to the plan investments shall be vested in the plan manager or his nominee or jointly in one of them and the plan investor;
c
that the share certificate or other document evidencing title to a plan investment shall be held by the plan manager or as he may direct;
d
that the plan manager shall, if the plan investor so elects, arrange for the plan investor to receive a copy of the annual report and accounts issued by every company or other concern in respect of shares or units (as the case may be) which are his plan investments;
e
that the plan manager shall be under an obligation (subject to any provisions made by or under any other enactment and if the plan investor so elects) to arrange for the plan investor to be able–
i
to attend shareholders' or unit holders' meetings,
ii
to vote, and
iii
to receive, in addition to the documents referred to in paragraph (d) above, any other information issued to shareholders or unit holders;
f
that at the request of the plan investor and within such time as shall be agreed an entire plan with all rights and obligations of the parties to it may be transferred to another plan manager;
g
that the plan manager shall notify the plan investor if by reason of any failure to satisfy the provisions of these Regulations a plan has or will become void.
General investment rules
5
1
All transactions whether by way of sale, purchase or otherwise by a plan manager in investments under a plan shall be made at the price which those investments might reasonably be expected to fetch in the open market.
2
Investments, or rights in respect of investments, may not at any time–
a
be purchased or made otherwise than out of cash which a plan manager holds (and is entitled under the provisions of these Regulations to hold) under a plan at that time; or
b
be purchased from–
i
a plan investor, or
ii
the spouse of a plan investor,
so as to become plan investments under a plan to which the plan investor subscribes or has subscribed.
3
A plan investor’s cash subscription and any other cash held by a plan manager which he is entitled to hold under a plan shall be held only in sterling and be deposited with a deposit-taker or a building society in circumstances where–
a
the deposit-taker is liable to account for and pay an amount representing income tax on payments of interest in respect of the deposit calculated by applying the composite rate to the grossed-up amount of the payments in accordance with the provisions of section 479 of the Taxes Act, or
b
the reduced rate amount payable by the building society under Regulation 3 of the Income Tax (Building Societies) Regulations 1986 includes an amount calculated in accordance with those Regulations by applying the reduced rate there referred to to the grossed-up amount of interest paid or credited in respect of the deposit,
and in either case the deposit is designated for the purposes of these Regulations only.
4
Subject to paragraph (5), cash by way of dividends, other rights or proceeds in respect of shares, not being shares in an investment trust, which are held as plan investments may be invested only by way of cash deposit or in other such shares.
5
Cash referred to in paragraph (4) may be invested in an authorised unit trust or in an investment trust provided that immediately after such an investment is made the total market value of plan investments in authorised unit trusts and investment trusts does not exceed one half of the market value of the portfolio.
Qualifying investments
6
1
This regulation specifies the kind of investments (“qualifying investments”) which may be purchased, made or held under a plan.
2
Qualifying investments to which paragraph (1) refers are–
a
ordinary shares, not being shares in an investment trust, issued by a company which is incorporated in the United Kingdom and quoted in the official list of a recognised stock exchange in the United Kingdom or dealt in on the Unlisted Securities Market;
b
subject to the conditions specified in paragraph (3), investments in–
i
an authorised unit trust, or
ii
an investment trust;
c
cash which the plan manager is entitled to hold for investment under a plan.
3
The conditions specified in this paragraph are–
a
that the total amount of the cash subscription to the plan invested in authorised unit trusts and investment trusts in any year does not exceed one half of the subscription limit; and
b
that on and after 6th April 1990 at least 75 per cent. in value of the investments subject to the trusts of a unit trust scheme which is an authorised unit trust or held by an investment trust are qualifying investments within paragraph (2)(a).
Qualifying individuals who may invest under a plan
7
1
This regulation specifies the description of individual who may invest under a plan (“qualifying individual”).
2
A qualifying individual to whom paragraph (1) refers is an individual–
a
who is 18 years of age or over,
b
who (subject to regulation 10) has not subscribed to any other plan during the year for which he makes an application under regulation 9, and
c
i
who is resident and ordinarily resident in the United Kingdom, or
ii
who, though non-resident, performs duties which by virtue of section 132(4)(a) of the Taxes Act (Crown employees serving overseas) are treated as being performed in the United Kingdom.
Plan investor ceasing to qualify
8
Notwithstanding any other provision of these Regulations a plan investor who, after subscribing to a plan, at any time ceases to fulfil the conditions of regulation 7(2)(c) may retain the benefits of the plan (including the right to any relief or exemption due under the plan) subsisting at that time but, so long as he fails to fulfil those conditions, shall not be entitled to subscribe further to such a plan.
Conditions for application to subscribe to a plan
9
1
An application by an individual to subscribe to a plan must be made to a plan manager in a statement in writing and fulfil the conditions specified in paragraphs (2), (3) and (4).
2
An application must specify the year for which the applicant is to subscribe to a plan.
3
An application shall provide for a declaration by the applicant that the applicant–
a
is 18 years of age or over;
b
fulfils the conditions of regulation 7(2)(b) and (c);
c
has made no other application to subscribe to another plan in the year to which paragraph (2) refers;
d
authorises the plan manager in writing–
i
to hold the applicant’s cash subscription, plan investments, interest, dividends and any other rights or proceeds in respect of those investments and any other cash;
ii
to make on his behalf any claims to relief from tax in respect of plan investments;
iii
on the applicant’s written request to transfer or pay to him, as the case may be, plan investments, interest, dividends, rights or other proceeds in respect of such investments or any cash.
4
An application must contain–
a
the applicant’s full name,
b
his permanent address,
c
his national insurance number, and
d
where he knows it, his tax office reference.
5
A plan manager may not accept as a plan investor any individual if he has reason to believe that–
a
he is not or might not be a qualifying individual, or
b
he has given untrue information in his application.
6
Section 95 of the Management Act shall have effect as if–
a
the statement and declaration to which paragraphs (1) and (3) refer were a statement or declaration, as the case may be, within the meaning of subsection (1)(b), and
b
there were substituted for subsection (3) the following words–
3
The relevant years of assessment for the purposes of this section are the year of assessment in respect of which any claim to relief from tax, in connection with which the statement or declaration is relevant, is made, the next following, and any preceding year of assessment.
Rights issues — relaxation of provisions of regulations 4 and 7
10
1
This regulation prescribes the circumstances in which–
a
notwithstanding regulations 4(1)(a) and 7(2)(b) an individual may subscribe to more than one plan in any year, and
b
notwithstanding regulation 4(1)(b) or (2) an individual’s cash subscription to a plan in any year may exceed the subscription limit.
2
The prescribed circumstances are circumstances in which–
a
on the occasion of a new issue of shares a plan manager is entitled, by virtue of a plan investor’s beneficial ownership of shares which are plan investments (in this regulation referred to as“original shares”), to subscribe for shares (in this regulation referred to as“new shares”) (being qualifying investments) which are offered to shareholders in proportion to (or as nearly as may be in proportion to) their shareholdings; and
b
the conditions contained in paragraph (3) are fulfilled.
3
The conditions to which paragraph (2) refers are–
a
that the plan investor–
i
was the beneficial owner of the original shares at the end of the day immediately before that on which the right to subscribe for the new shares was announced; and
ii
subscribes cash not exceeding the total sum payable to acquire the new shares (in this regulation referred to as“the rights subscription”); and
b
that the rights subscription shall–
i
be expended only on a subscription for new shares to which paragraph (2) refers, and
ii
to the extent that it is not so expended, be transferred to the plan investor together with interest (if any) thereon within 14 days after the date by which the rights subscription is payable by the plan manager under the terms of the offer to subscribe for the new shares.
Plan manager — qualifications and Board’s approval
11
1
This regulation specifies the circumstances (“qualifying circumstances”) in which a person may be approved by the Board as a plan manager.
2
The qualifying circumstances to which paragraph (1) refers are the following–
a
the person must make written application to the Board for approval in a form prescribed by the Board;
b
a plan manager must be an authorised person within the meaning of Chapter III of Part I of the Financial Services Act 1986 (“the 1986 Act ”); and
c
a plan manager must not be prevented from acting as such by any prohibition by or under rules under section 48 of the 1986 Act, by or under the rules of any recognised self-regulating organisation of which the plan manager is a member, or by or under the rules of any recognised professional body by which the plan manager is certified, or by a prohibition imposed under section 65 of the 1986 Act.
3
The terms of the Board’s approval may include conditions designed to ensure that the provisions of these Regulations are satisfied.
Plan manager — withdrawal by Board of approval
12
1
This regulation specifies the circumstances (“the disqualifying circumstances”) in which the Board may by notice withdraw their approval of a person as a plan manager in relation to a plan.
2
The disqualifying circumstances to which paragraph (1) refers are that the Board have reason to believe–
a
that any provision of these Regulations is not or at any time has not been satisfied in respect of a plan managed by the plan manager; or
b
that a person to whom they have given approval to act as a plan manager is not qualified so to act.
3
The notice to which paragraph (1) refers shall specify–
a
the date from which the Board’s approval is withdrawn, and
b
the disqualifying circumstances.
Plan manager — appeal against withdrawal of Board’s approval
13
1
A plan manager to whom notice of withdrawal of approval has been given under regulation 12 may appeal against the withdrawal by notice given to the Board within 30 days after the date of the notice of withdrawal.
2
The appeal shall be to the Special Commissioners.
3
The like provisions as are contained in Part V of the Management Act (appeals and other proceedings) shall apply to an appeal and the Special Commissioners shall on appeal to them confirm the notice unless they are satisfied that the notice ought to be quashed.
Plan manager ceasing to act
14
A person shall give notice to the Board and to the subscriber to the plan which he manages of his intention to cease to act as the plan manager within a reasonable time before he so ceases so that his obligations to the Board under the plan can be conveniently discharged at or about the time he ceases so to act.
Plan manager ceasing to qualify
15
A person shall cease to qualify as a plan manager and shall notify the Board forthwith of that fact where–
a
the person no longer fulfils the conditions of regulation 11;
b
in the case of an individual, he becomes bankrupt or, in Scotland, his estate is sequestrated, or makes any arrangement or composition with his creditors generally; or
c
in the case of a company a resolution has been passed or a petition has been presented to wind it up.
Transfer of plans to other plan managers
16
Where arrangements are made by a plan investor to transfer a plan or plans to another plan manager (“the transferee”) the transfer shall have effect and a plan shall not be otherwise affected for the purpose of these Regulations by the occasion of transfer, provided that the plan manager making the transfer (“the transferor”) has given notice to the Board of the transfer together with the following information–
a
i
the name, address and tax office reference of the transferor;
ii
the name, address and tax office reference of the transferee;
iii
the effective date of transfer;
iv
details of plan investors whose plans are being transferred to the transferee showing names, addresses, national insurance numbers and tax office references;
v
details of plan investors who are to withdraw plan investments.
b
A declaration by the transferor that he has fulfilled all his obligations to plan investors, to the Board or otherwise, which are imposed by these Regulations.
Exemption from tax of plan income and gains
17
Subject to these Regulations, except interest in respect of plan investments which is not reinvested but is paid to or at the direction of the plan investor or otherwise applied for his benefit, no tax shall be chargeable on the plan manager or his nominee or the plan investor in respect of interest, dividends or gains in respect of plan investments, losses in respect of plan investments shall be disregarded for the purposes of capital gains tax, and relief in respect of tax shall be given in the manner and to the extent provided by these Regulations.
Tax liabilities and reliefs — plan manager to act on behalf of plan investor
18
1
A plan manager may under these Regulations make claims, conduct appeals and agree on behalf of the plan investor liabilities for and reliefs from tax in respect of a plan.
2
Claims shall be made to the Board in accordance with the provisions of regulations 19 and 20.
3
Where any relief or exemption from tax previously given in respect of a plan has by virtue of these Regulations become excessive, in computing the relief due on any claim there shall be deducted, so that amounts equal to that excess are set-off or repaid to the Board, as the case may be, notwithstanding that those amounts have been invested–
a
any amount repaid in respect of a tax credit;
b
any other amount due to the Board by a plan manager in respect of any tax liability in respect of investments under a plan including (but without prejudice to the making of an assessment under the provisions of that section) any amount falling due in respect of a liability under section 737 of the Taxes Act .
4
Any amount deducted under paragraph (3) shall be treated as an amount of income tax deducted at source and not repayable within the meaning and for the purposes of section 95(2)(a) of the Management Act.
Repayments in respect of tax to plan manager — interim claims
19
1
Notwithstanding the provisions of any other enactment, the Board shall not be under an obligation to make any repayment in respect of tax under these Regulations earlier than the end of the month following the month in which the claim for the repayment is received.
2
A claim for repayment in respect of tax which is not an annual claim (“interim claim”) may be made only for a period of a month (or a number of months not exceeding six) beginning on the 6th day of the month and ending on the 5th day of the relevant following month.
3
No claim for repayment may be made for the month ending 5th October or any subsequent month until the annual return due in respect of a plan for the preceding year has been duly made by the plan manager and received by the Board.
4
Where, on the occasion of a claim, there is due to the Board an amount in respect of tax that amount shall be recoverable by the Board in the same manner as tax charged by an assessment on the plan manager which has become final and conclusive.
Repayments in respect of tax to plan manager — annual returns and annual claims
20
1
An annual claim is a claim for repayment in respect of tax for a year and may not be made at any time more than six years after the end of the year.
2
A plan manager shall within six months after the end of the year make a return of all income and in addition an annual claim to establish the total of repayments due under a plan for that year.
3
Where the aggregate of the repayments in respect of interim claims for the year shown by an annual claim exceeds the amount repayable for the year shown on the claim, the plan manager shall repay the amount of the excess to the Board with the claim.
4
If a plan manager fails to make the return and the annual claim required under this regulation within the time limited, the Board may issue a notice to the plan manager showing the aggregate of payments in respect of the interim claims for the year, and stating that the Board are not satisfied that the amount due to the plan manager for that year exceeds the lower amount stated in the notice.
5
If a return and an annual claim are not delivered to the Board within 14 days after the issue of such a notice under paragraph (4) the amount of the difference between the aggregate and the lower amount stated in the notice shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the plan manager which has become final and conclusive.
6
Where a return and an annual claim have been made and the plan manager subsequently discovers that an error or mistake has been made in the return or claim the plan manager may make a supplementary return or annual claim within the time allowed in paragraph (1).
Plan manager’s returns and claims — supplementary provisions
21
1
Section 42 of the Management Act shall not apply to claims under these Regulations.
2
No appeal shall lie from the Board’s decision on an interim claim.
3
An appeal shall be to the Special Commissioners from the Board’s decision on an annual claim, and the appeal shall be brought by giving notice to the Board within 30 days of receipt of notice of the decision.
4
No payment or repayment made or other thing done on or in relation to an interim claim or a notice under regulation 20(4) shall prejudice the decision on an annual claim.
5
The like provisions as are contained in Part V of the Management Act (appeals and other proceedings) shall apply to an appeal under paragraph (3) above, and on an appeal the Special Commissioners may vary the decision appealed against whether or not the variation is to the advantage of the appellant.
6
All such assessments, payments and repayments shall be made as are necessary to give effect to the Board’s decision on an annual claim or to any variation of that decision on appeal.
7
Returns and claims under these Regulations shall be in such form and contain such particulars as the Board prescribe and shall be signed by the plan manager; and forms prescribed for annual claims may require a report to be given by a person qualified for appointment as auditor of a company.
Assessments for withdrawing relief and recovering tax
22
1
Where–
a
any relief or exemption from tax given in respect of income or gains under a plan is found not to be due or to be excessive, or
b
where the full amount of tax in respect of the income or gains under a plan has not otherwise been fully accounted for and paid to the Board by or on behalf of the plan investor,
an assessment to tax may be made by the Board in the amount or further amount which in their opinion ought to be charged.
2
An assessment to which paragraph (1) refers may be made on the plan manager or on the plan investor.
3
If the assessment is made to recover tax in respect of income (including any amount in respect of a tax credit) under a plan it shall be made under Case VI of Schedule D.
Records to be kept by plan manager
23
1
A plan manager shall at all times keep sufficient records in respect of a plan to enable the requirements of these Regulations to be satisfied.
2
The records shall include a valuation of plan investments at their market value as at 5th April each year.
Information to be given to plan investor by plan manager
24
1
Where under the terms of a plan a plan manager has discretion to purchase or sell investments he shall give to the plan investor once in every year a statement in writing of his reasons for–
a
making a purchase or sale within, and
b
retaining any investment throughout,
the period.
2
A plan manager who makes a payment to a plan investor out of or in respect of which tax has been deducted shall, if the investor so requests in writing, furnish the investor with a statement in writing showing the gross amount of the payment, the amount deducted and the amount actually paid.
3
On the transfer to a plan investor of a plan investment the plan manager shall provide for the investor details in writing of the market value on the date of transfer.
Information to be provided to the Board
25
The Board may by notice require any person who is or who at any time has been a plan manager or plan investor to furnish them, within such time (not being less than 14 days) as may be provided by the notice, such information about any plan or about any plan investment (including copies of or extracts from any books or other records) as they may reasonably require for the purposes of these Regulations.
Inspection of records by officer of the Board
26
1
The Board may by notice require any person who is or who at any time has been a plan manager or plan investor, within such time (not being less than 14 days) as may be provided in the notice, to make available for inspection by an officer of the Board authorised for that purpose all documents (including books and other records) in his possession or under his control containing information relating to any plan or to any plan investment.
2
Where records are maintained by computer the person required to make them available for inspection shall provide the officer making the inspection with all the facilities necessary for obtaining information from them.
Capital gains tax — adaptation of enactments
27
1
For the purposes of capital gains tax on the occasion when the title to plan investments is transferred from a plan manager to a plan investor there shall be deemed to be a disposal and reacquisition by him of those investments for a consideration equal to their market value.
2
For the pooling of plan investments for the purposes of Part III of Schedule 19 to the Finance Act 1985 Part III shall apply for the purposes of these Regulations with the substitution for paragraph 8(2) of the following words–
2
This Part of this Schedule shall apply separately to any securities which are plan investments under a plan within the meaning of the Personal Equity Plan Regulations 1989 and, while applying separately to any such securities, this Part of this Schedule shall have effect as if the plan investor held them in a capacity other than that in which he holds any other securities of the same class whether under another plan or otherwise.
3
Sections 78 to 81 of the Capital Gains Tax Act 1979 shall not apply in relation to ordinary shares which are held under a plan if there is by virtue of any allotment for payment as is mentioned in section 77(2) of that Act a reorganisation affecting those shares.
Administration of tax in relation to plans — supplementary
28
1
Nothing in these Regulations shall be taken to prejudice any powers conferred or duties imposed by or under any enactment in relation to the making of returns of income or gains, or for the recovery of tax, penalties or interest by means of an assessment or otherwise.
2
Notwithstanding the provisions of these Regulations a plan manager shall not be released from obligations under these Regulations in relation to a plan except under conditions agreed in writing with and notified to that person by the Board.
3
Subject to the provisions of these Regulations the like provisions as are contained in the Management Act shall apply to any assessment of tax under these Regulations as if it were an assessment of tax for the year in which, apart from these Regulations, the plan investor would have been liable (by reason of his ownership of the investments) and as if–
a
the assessment were an assessment specified in sections 55(1) (recovery of tax not postponed) and 86(2) (interest on tax), and
b
the sum charged by the assessment were tax specified in the Table in section 86(4) (reckonable date for interest).
4
The like provisions as are contained in section 97(1) of the Management Act shall apply as if–
a
there were inserted after the words“sections 95 and 96 above” the words“or the Personal Equity Plan Regulations 1989”, and
b
there were inserted after the words“that they were” the words“or have become”.
5
Any form prescribed by the Board for the purposes of these Regulations shall provide for a declaration that all the particulars given in the form are correctly stated to the best of the knowledge and belief of the person concerned.
6
No obligation as to secrecy imposed by statute or otherwise shall preclude the Board from disclosing to a plan manager or plan investor that any provision of these Regulations has not been satisfied or that relief has been given or claimed in respect of investments under a plan.
Transitional provisions — plans and plan investors under the 1986 Regulations
29
1
The 1986 Regulations shall continue to apply to annual plans, notwithstanding the entry into force of these Regulations, during the period from 6th April 1989 until the effective date in relation to any such plan, with the modification that the year which began with 1st January 1989 shall be treated as having ended on the effective date.
2
With effect from the day following the effective date in relation to an annual plan, the provisions of these Regulations shall apply to it in place of the provisions of the 1986 Regulations.
3
A plan investor who has subscribed to an annual plan during the year which began with 1st January 1989 may not before the day following the effective date in relation to the plan–
a
subscribe further to the plan if that subscription and any previous subscription to the plan for that year would together exceed the limit prescribed by Regulation 4(1)(c) of the 1986 Regulations, or
b
subscribe to a plan under regulation 4 of these Regulations.
4
These Regulations apply to any plan to which a qualifying individual who was a plan investor in respect of an annual plan subscribes in the period from the day following the effective date until 5th April 1990 as if that period were a year for the purpose of these Regulations.
5
In this regulation–
“annual plan” means a plan to which the 1986 Regulations applied immediately before the entry into force of these Regulations; and
“effective date” in relation to an annual plan means the date which is the earlier of–
31st December 1989, and
the date, being a date after 5th April 1989, which–
the plan investor and the plan manager agree in writing, or
where the terms of the agreement between them permit, the plan manager determines,
to be the date after which the provisions of these Regulations shall apply to the plan in place of the provisions of the 1986 Regulations.
Kenneth Carlisle
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1989


text:
1
1
This Order may be cited as the European Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1989.
2
Subject to paragraph 8(1) of Schedule 2 to the European Parliamentary Elections Act 1978 , this Order shall come into force forthwith.
2
For the 34 European Parliamentary constituencies of Bedfordshire South, Bristol, Cambridge and Bedfordshire North, Cheshire East, Cheshire West, Cleveland and Yorkshire North, Cornwall and Plymouth, Derbyshire, Devon, Dorset East and Hampshire West, Durham, Essex North East, Essex South West, Hampshire Central, Hertfordshire, Humberside, Kent East, Kent West, Lancashire Central, Lancashire East, Leicester, Lincolnshire, Midlands Central, Nottingham, Oxford and Buckinghamshire, Sheffield, Shropshire and Stafford, Somerset and Dorset West, Staffordshire East, Suffolk, Wight and Hampshire East, Wiltshire, York and Yorkshire West as constituted by the European Parliamentary Constituencies (England) Order 1984 (and described by reference to the parliamentary constituencies referred to in that Order), there shall be substituted the 34 European Parliamentary constituencies named on the left-hand side of the Schedule to this Order and comprising the parliamentary constituencies which are set out on the right-hand side and which are constituted–
a
in the case of the Basildon, Brigg and Cleethorpes, Bristol East, Castle Point, Devizes, Glanford and Scunthorpe, Huntingdon, Kingswood, Newcastle-under-Lyme, Nuneaton, Peterborough, Rugby and Kenilworth, South Dorset, Stafford, Stoke-on-Trent North, Swindon, Wansdyke, Wells, West Dorset, Weston-Super-Mare and Woodspring constituencies, by the Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1985 ;
b
in the case of the Basingstoke, Bridgwater, East Hampshire, Eastleigh, Falmouth and Camborne, Fareham, Havant, Keighley, North East Cambridgeshire, North West Hampshire, Romsey and Waterside, St. Ives, Skipton and Ripon, South East Cambridgeshire, South East Cornwall, South West Cambridgeshire, Taunton, Truro and Winchester constituencies, by the Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1986 ;
c
in the case of the Bishop Auckland, City of Durham, Easington, Gainsborough and Horncastle, Grantham, Halton, Hertford and Stortford, Luton South, Mid Bedfordshire, North Durham, North Luton, Oxford West and Abingdon, Salisbury, Sedgefield, South West Bedfordshire, South West Hertfordshire, Stevenage, Stockton North, Warrington South, Welwyn Hatfield, West Hertfordshire, Wantage and Westbury constituencies, by the Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1987 ;
d
in the case of the Amber Valley, Aylesbury, Bolsover, Boothferry, Bosworth, Braintree, Brentwood and Ongar, Broxtowe, Buckingham, Burnley, Canterbury, Chelmsford, Chesham and Amersham, Chorley, Epping Forest, Erewash, Faversham, Folkestone and Hythe, Fylde, Gillingham, Harlow, Hyndburn, Loughborough, Ludlow, Mid Kent, Newark, North Colchester, North East Derbyshire, North West Leicestershire, Nottingham East, Pendle, Plymouth Devonport, Preston, Ribble Valley, Rushcliffe, Rutland and Melton, Ryedale, Scarborough, Selby, Sherwood, Shrewsbury and Atcham, South Hams, South Ribble, Teignbridge, The Wrekin, West Derbyshire and West Lancashire constituencies, by the Parliamentary Constituencies (England) (Miscellaneous Changes) ( No. 3) Order 1987 ;
e
in the case of the constituencies of Ipswich and Suffolk Coastal, by the Parliamentary Constituencies (England) (Miscellaneous Changes) (No. 4) Order 1987 , and
f
in the case of the remaining constituencies, by the Parliamentary Constituencies (England) Order 1983 .
G. I. de Deney
Clerk to the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) Regulations 1989 and shall come into force on 18th August 1989.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“established rate” means–
on the coming into force of these Regulations, 14 per cent. per annum; and
in relation to any date after the first reference date after the coming into force of these Regulations, the reference rate found on the immediately preceding reference date;
“operative date” means the sixth day of each month;
“reference date” means the day of each month which is the twelfth working day before the sixth day of the following month;
“section 178” means section 178 of the Finance Act 1989;
“working day” means any day other than a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
2
In these Regulations the reference rate found on a reference date is the percentage per annum found by averaging the base lending rates at close of business on that date of–
a
Bank of Scotland,
b
Barclays Bank p.l.c.,
c
Lloyds Bank p.l.c.,
d
Midland Bank p.l.c.,
e
National Westminster Bank p.l.c., and
f
The Royal Bank of Scotland p.l.c.,
and, if the result is not a whole number, rounding the result to the nearest such number, with any result midway between two whole numbers rounded down.
Applicable rate of interest on unpaid tax, tax repaid and repayment supplement
3
1
For the purposes of–
a
sections 86, 86A, 87 and 88 of the Taxes Management Act 1970 ,
b
paragraph 3 of Schedule 16A to the Finance Act 1973 ;
c
paragraphs 15 and 16 of Schedule 2, and paragraph 8 of Schedule 5, to the Oil Taxation Act 1975 ,
d
section 47 of the Finance ( No. 2) Act 1975 ,
e
paragraph 59 of Schedule 8 to the Development Land Tax Act 1976 ,
f
section 92 of the Finance Act 1986 , and
g
sections 824 and 825 of, and paragraph 3 of Schedule 19A to, the Income and Corporation Taxes Act 1988 ,
the rate applicable under section 178 shall, subject to paragraph (2), be 12.25 per cent. per annum.
2
Where, on a reference date after the coming into force of these Regulations, the reference rate found on that date differs from the established rate, the rate applicable under section 178 for the purposes of the enactments referred to in paragraph (1) shall, on and after the next operative date, be the percentage per annum found by applying the formula specified in paragraph (3) and, if the result is not a multiple of one-quarter, rounding the result down to the nearest amount which is such a multiple.
3
The formula specified in this paragraph is–
( RR + 2.5 ) ( 100 - BR ) , 100
where RR is the reference rate referred to in paragraph (2) and BR is the percentage at which income tax at the basic rate is charged for the year of assessment in which the reference date referred to in that paragraph falls.
Applicable rate of interest on unpaid inheritance tax, capital transfer tax and estate duty
4
1
For the purposes of–
a
section 8(9) of the Finance Act 1894 ,
b
section 18 of the Finance Act 1896 ,
c
section 61(5) of the Finance Act (1909–10) Act 1910 ,
d
section 17(3) of the Law of Property Act 1925 ,
e
section 73(6) of the Land Registration Act 1925 , and
f
sections 233 and 236(3) and (4) of the Inheritance Tax Act 1984 ,
the rate applicable under section 178 shall, subject to paragraph (2), be 11 per cent. per annum.
2
Where, on a reference date after the coming into force of these Regulations, the reference rate found on that date differs from the established rate, the rate applicable under section 178 for the purposes of the enactments referred to in paragraph (1) shall, on and after the next operative date, be the percentage per annum found by applying the formula specified in paragraph (3) and, if the result is not a whole number, rounding the result down to the nearest such number.
3
The formula specified in this paragraph is–
( RR + 2 ) ( 100 - BR ) 100 - 1 ,
where RR is the reference rate referred to in paragraph (2) and BR is the percentage at which income tax at the basic rate is charged for the year of assessment in which the reference date referred to in that paragraph falls.
Applicable rate of official rate of interest
5
1
For the purpose of section 160 of the Income and Corporation Taxes Act 1988 the rate applicable under section 178 shall, subject to paragraph (2), be 15.5 per cent. per annum.
2
Where, on a reference date after the coming into force of these Regulations, the reference rate found on that date differs from the established rate, the rate applicable under section 178 for the purpose of section 160 of the Income and Corporation Taxes Act 1988, shall, on and after the next operative date, be the percentage per annum found by applying the formula specified in paragraph (3).
3
The formula specified in this paragraph is–
RR + 1.5,
where RR is the reference rate referred to in paragraph (2).
Effect of change in applicable rate
6
Where the rate applicable under section 178 for the purpose of any of the enactments referred to in regulation 3(1), 4(1) or 5(1) changes on an operative date by virtue of these Regulations, that change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from or from after that date.
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1989


text:
PART I
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Capital Money) (Greater London) Order 1989 and shall come into force on 1st April 1989.
Interpretation
2
1
In this Order –
“the abolished council” means the Greater London Council;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“the 1985 Act ” means the Local Government Act 1985;
“the 1988 Order ” means the Local Government Reorganisation (Capital Money) (Greater London) Order 1988 ;
“capitalised subsidies” means the money described in paragraph (2)(b) below;
“compensation payments” means any payment made under Part VI of the Employment Protection (Consolidation) Act 1978 , by section 1 of the Pensions (Increase) Act 1971 or by any order under section 2 of that Act or section 59 of the Social Security Pensions Act 1975 , the Local Government Reorganisation (Compensation) Regulations 1986 or the Local Government Reorganisation (Reduction of Redundancy Payments Cases) Scheme 1986 or made in satisfaction of contractual rights saved by section 53 of the 1985 Act, but excluding any part of any such payment which is recoverable from any person other than the recipient; and includes such administrative expenses of the Residuary Body as are properly attributable to such payments;
“County Hall” means the buildings previously owned by the abolished council and known as the Main Building, the North Block, the South Block, the Island Block and the Addington Street Annexe, all ancillary service areas and car parks and the bridge which links the Island and South Blocks;
“direct capital receipts” means the money described in paragraph (2)(a) below;
“disposal” means disposal by operation of law or otherwise;
“other property” means any vehicle, vessel, movable and immovable plant, machinery and apparatus;
“relevant land” means any land other than –
land held as an investment of a superannuation fund maintained under regulations made under section 7 of the Superannuation Act 1972 ; and
land in respect of which the Residuary Body is the mortgagee;
“the rating authorities” means the rating authorities in Greater London other than the Temples;
“the Residuary Body” means the London Residuary Body.
2
For the purposes of section 77 of the 1985 Act and this Order, except article 8, “capital money” means –
a
money received by the Residuary Body which is attributable to the disposal of relevant land or other property by that Body;
b
such amount of any money paid by the Secretary of State to the Residuary Body pursuant to section 64(2) (commutation of housing payments) of the 1985 Act as is –
i
attributable to any entitlement of the abolished council by virtue of section 245 (contributions towards environmental works in housing action areas), section 259 (contributions towards works, etc. in general improvement areas) or section 516 (contributions towards grants for works of improvement, repair and conversion) of the Housing Act 1985 or Schedule 19 to that Act (contributions under section 36 of the Housing (Financial Provisions) Act 1958 and section 16 of the Housing Act 1969); and
ii
referable to the financial year beginning 1st April 1989 or any subsequent year; and
c
an amount of the Residuary Body’s revenue balances equal to the amount specified in article 3(1).
PART II
Inner London Education Authority
3
1
On 3rd April 1989 the Residuary Body shall set aside from its revenue balances the sum of £1,105,188.
2
On 4th April 1989 the Residuary Body shall pay that sum to the Inner London Education Authority.
Distribution of other capital money
4
1
On or before 31st March 1990 the Residuary Body shall pay to each rating authority an amount which shall be determined in accordance with Schedule 1 to this Order.
2
In respect of each financial year commencing with the financial year beginning 1st April 1989 the Residuary Body shall pay to each rating authority an amount which shall be determined in accordance with Schedule 2.
PART III
Additions to net capital receipts
5
1
For the purposes of section 72(3) of the 1980 Act, each rating authority’s net capital receipts for each financial year commencing with the financial year beginning 1st April 1989 shall be treated as if they included 30% of the amount of distributable capital money paid to, or deemed to have vested in, that authority in that year.
2
For the purposes of paragraph (1), “distributable capital money” shall be construed in accordance with paragraph 1 of Schedule 2.
PART IV
Administrative arrangements – notifications
6
1
On or before 31st October in each financial year commencing with the financial year beginning 1st April 1989 the Residuary Body shall notify each rating authority of its estimate of –
a
the amounts of direct capital receipts, other than amounts attributable to the disposal of the whole or any part of County Hall, to be received in the current and next succeeding financial years; and
b
the amount to be paid to that authority in those years in accordance with article 4(2) of this Order.
2
At the same time as it notifies an authority of either of the matters referred to in paragraph (1) the Residuary Body shall send a copy of such notification to the Secretary of State.
Administrative arrangements – distribution of capital money
7
1
Within seven days of making any payment required by article 4(1) or (2), the Residuary Body shall notify the Secretary of State of the amount paid.
2
The Residuary Body shall use its best endeavours to secure that payments required by article 4(2) are made on or before the last day of the financial year in question. Any part of a payment not so made (“the residual amount”) shall be paid no later than 30th June in the next financial year.
3
Residual amounts shall be deemed to vest in the rating authority entitled to them on the last day of the financial year in question and shall thereafter be regarded as interest-free loans to the Residuary Body by the relevant rating authorities.
Application of capital money
8
1
The sum referred to in article 3 shall be carried to the general fund kept by the Inner London Education Authority in accordance with section 72(1) of the 1985 Act.
2
Money received by a rating authority by virtue of article 4(1) shall be applied for the repayment of money borrowed by the authority (but not to make any annual payment which the authority is required to make in respect of such money).
3
Money received by a rating authority by virtue of article 4(2) shall be applied for any purpose for which capital money received by a local authority on the disposal of land under Part VII of the Local Government Act 1972 may properly be applied.
PART V
Revocation and savings
9
1
Subject to paragraphs (2) to (4), the 1988 Order is hereby revoked.
2
Paragraphs (2) and (3) of article 6 of the 1988 Order shall continue to have effect in their application to amounts determined by the Residuary Body for the financial year ended 31st March 1989.
3
Paragraphs (2) to (4) of article 7 and paragraph (2) of article 8 of the 1988 Order shall continue to have effect in their application to residual amounts required to be paid by the Residuary Body and money received by a rating authority, respectively, for the financial year ended 31st March 1989.
4
Paragraphs (2) and (3) of this article shall cease to have effect on 2nd July 1989.
Nicholas Ridley
Secretary of State for the Environment
24th February 1989


text:
1
These Regulations may be cited as the Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 1989 and shall come into force on 14th July 1989.
2
The Motor Vehicles (Designation of Approval Marks) Regulations 1979 shall be further amended in accordance with the following provisions of these Regulations.
3
For paragraph (2) of regulation 3 there shall be substituted–
2
A reference to a vehicle in category M1, M2, M3, N1, N2, or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in ECE Regulation 13 of 29th May 1969 as revised on 5th December 1973
.
4
In Schedule 2–
a
after item 16 there shall be inserted item 16A as specified in the Schedule to these Regulations, and
b
after item 44A there shall be inserted item 44B as specified in the Schedule to these Regulations.
5
In paragraph 14 of Schedule 3–
a
in sub-paragraph (1) for “item 16” there shall be substituted “items No. 16 and 16A”,
b
in sub-paragraph (3)(b) for sub-paragraph (iv) onwards there shall be substituted–
iv
the figure “4” if the retractor is an emergency locking rectractor, or
v
the figure and letters “4N” if the retractor is an emergency locking retractor with higher response threshold,
followed by the letter “m” if the retractor is an emergency locking retractor with multiple sensitivity.
;
c
after sub-paragraph (3), there shall be added the following sub-paragraph–
4
In the case of a marking prescribed at item 16A in Schedule 2, the marking shall bear a symbol consisting of a rectangle with a motor vehicle in category M1 crossed out if the safety belt is fitted with a retractor which during normal driving conditions does not restrict the freedom of movement by the wearer of the safety belt, but has special properties as regards its use in vehicles in categories M2, M3, N1, N2 and N3
.
6
In paragraph 17 of Schedule 3–
a
for “items No. 44 and 44A” there shall be substituted “items No. 44, 44A and 44B”;
b
in sub-paragraph (3) for the words “being either” onwards, there shall be substituted–
being–
a
in the case of a marking prescribed at item 44B–
0–10 kilogrammes,
0–18 kilogrammes,
0–25 kilogrammes,
9–18 kilogrammes,
15–25 kilogrammes,
22–36 kilogrammes,
9–25 kilogrammes, or
15–36 kilogrammes;
b
in any other case–
9–18 kilogrammes,
15–25 kilogrammes,
22–36 kilogrammes,
9–25 kilogrammes, or
15–36 kilogrammes.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State
Department of Transport
14th June 1989


text:
Citation and commencement
1
These Regulations may be cited as the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations–
“the 1989 Act ” means the Water Act 1989;
“application for consent” means an application for a consent for the purposes of section 108 of the 1989 Act (authority for discharges and other defences for the purposes of section 107) for any discharge;
“transmitted application” means an application for consent which is transmitted to the Secretary of State for determination pursuant to a direction under paragraph 4(1) of Schedule 12 to the 1989 Act; and
any reference in these Regulations to a numbered paragraph is, except where the context otherwise requires, a reference to that paragraph of Schedule 12 to the 1989 Act.
Requests for directions to transmit
3
1
A request to the Secretary of State pursuant to paragraph 3(3) to direct that an application for consent be transmitted to him for determination shall be made by submitting to the Secretary of State–
a
a copy of the notice served by the National Rivers Authority (“the Authority”) pursuant to paragraph 3(2) on the person making the request and a copy of any notice of the application published pursuant to paragraph 1(3); or
b
a written statement–
i
of the name of the applicant for the consent;
ii
of a reference number or letter identifying the relevant application;
iii
identifying the land from which, and the waters into or land on to which, the discharge for which consent is sought is to be made;
iv
describing the effluent or other matter to which the consent is to relate;
v
of the date on which the person making the request was served with notice under paragraph 3(2) (notice of right to request a direction),
together with a request that the Secretary of State give a direction under paragraph 4(1) and a statement of the reasons why the applicant considers that his request should be granted.
2
A copy of any request and of the documents or statement sent with it shall be sent to the Authority at the same time as the request is made.
Publicity for transmitted applications
4
1
In relation to a transmitted application, paragraph 1(3) to (6) shall have effect with the following modifications–
a
where at the date of the giving of the direction to transmit the application to the Secretary of State for determination by him the Authority has not discharged its duty under sub-paragraphs (a) and (b) of paragraph 1(3), those sub-paragraphs shall apply as if they referred to a duty to publish, if so directed by the Secretary of State, a notice in the form set out in the Schedule to these Regulations (a “notice of reference”), and not a duty to publish notice of the application;
b
where the Authority publishes a notice of reference–
i
paragraph 1(3)(c) and (d) shall apply as if they referred to copies of that notice and of the application; and
ii
paragraph 1(5) shall apply as if it imposed a duty on the Secretary of State to consider all representations made to him within a period of six weeks beginning with the date on which the notice of reference is published in the London Gazette; and
c
where the Authority does not publish a notice of reference, paragraph 1(5) shall apply as if it imposed a duty on the Authority to send to the Secretary of State within such period as he may specify any such representations and objections as are mentioned in that sub-paragraph, together with any statement which it may wish to make with respect to the application or the representations and objections, and imposed a duty on the Secretary of State to consider those representations and objections and any such statement.
2
Paragraph 1(6) shall apply as if it referred to a notice published in accordance with paragraph 1(3)(a) or (b), as modified by paragraph (1)(a) above, and paragraph 1(4) shall not apply.
Requests to be heard
5
A request pursuant to paragraph 4(5) to be heard in relation to a transmitted application (whether made by the applicant or the Authority) shall be–
a
made in writing; and
b
sent to the Secretary of State before the expiry of a period of 28 days beginning with the day on which the Authority, in accordance with paragraph 4(2), has informed the applicant that the application has been transmitted to the Secretary of State for determination.
Publicity: prescribed period for applying for an exemption certificate
6
An application under paragraph 1(7) for a certificate under that sub-paragraph (exemption from certain publicity and disclosure requirements) may be made at any time before the application for consent is submitted or not later than 7 days after it is submitted.
Appeals
7
1
In this regulation, “appeal” means an appeal to the Secretary of State under paragraph 8(2) (appeals against certain decisions of the Authority), and “appellant” shall be construed accordingly.
2
Notice of appeal with a statement of the grounds of appeal, shall be given in writing to the Secretary of State before the expiry of the period of three months beginning with the day on which–
a
the Authority notified the appellant of its decision; or
b
the Authority was deemed under paragraph 2(2) to have refused consent; or
before the expiry of such longer period as the Secretary of State may allow (as the case may be).
3
The Secretary of State may require the appellant to send him within 28 days of giving notice of appeal (or such longer period as the Secretary of State may allow) a copy of any or all of the following documents–
a
any relevant application;
b
any relevant maps, plans or other documents submitted in support of the application;
c
any relevant record, consent, determination, notice or other notification given, made, issued or served by the Authority; and
d
any other relevant correspondence between the appellant and the Authority.
4
The Secretary of State shall–
a
send the Authority a copy of the notice of appeal and of the statement of the grounds of appeal given to him under paragraph (2) above; and
b
where the appeal is against such a decision as is mentioned in paragraph 8(1)(a), require the Authority to serve notice in writing, within 14 days of the receipt by it of the copy of the notice of appeal mentioned in the preceding sub-paragraph, on any person whose representations or objections with respect to the application fell to be considered by it in accordance with paragraph 1(5).
5
A notice required to be served under paragraph (4)(b) above shall state that an appeal has been lodged, and that further representations may be made to the Secretary of State in respect of the application within a period of 21 days from the date of service of the notice.
6
The Secretary of State shall send to the appellant and the Authority a copy of any representations received by him in pursuance of paragraph (5) above.
7
The Secretary of State may, if he thinks fit, require the appellant or the Authority to submit to him within a specified period a further statement in writing in respect of any of the matters to which the appeal relates, and where he exercises this power he shall send to the appellant or, as the case may be, the Authority a copy of any statement made by the other.
8
a
If, after considering the grounds of the appeal and the documents before him, the Secretary of State is satisfied that he is sufficiently informed to determine the appeal he may, not earlier than 14 days after giving notice of his intention to the appellant and the Authority, determine the appeal without further investigation unless such investigation is required by the appellant or the Authority pursuant to paragraph (9) below.
b
Where any requirement by the Secretary of State under paragraph (3) or (7) above has not been complied with by the expiry of the relevant period the Secretary of State may, after allowing a further specified period which appears to him reasonable, determine the appeal without further investigation.
9
If either the appellant or the Authority within a period of fourteen days after service of notice under paragraph (8)(a) above request the Secretary of State not to determine the appeal without further investigation, the Secretary of State shall either–
a
cause a local inquiry to be held with respect to the appeal; or
b
afford the appellant and the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
Signed by authority of the Secretary of State.
Michael Howard
Minister for Water and Planning,
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1989 and shall come into force on 24th August 1989.
2
Part I of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 (scheduled offences for the purposes of the Act) shall be amended as follows:
a
after paragraph 12, there shall be inserted the following paragraph —
12A
Offences under section 20 of that Act (blackmail), subject to notes 2 and 2A below
;
b
in note 2, in paragraph (cc), the words “(subject to note 5 below)” shall be omitted; and
c
after note 2, there shall be inserted —
2A
On the coming into force of the amendments of this Schedule made by section 4(3) of the Nuclear Material (Offences) Act 1983 —
a
paragraph 12A shall cease to have effect; and
b
in paragraph (cc) of note 2, after “1969” there shall be inserted the words “(subject to note 5 below)”.
.
Northern Ireland Office
P. L. Brooke
One of Her Majesty’s Principal Secretaries of State
16th August 1989


text:
Title and commencement
1
These Regulations may be cited as the Preservatives in Food (Amendment) Regulations 1989 and shall come into force on 1st January 1989.
Amendment of the Preservatives in Food Regulations 1989
2
Regulation 11(3) of the Preservatives in Food Regulations 1989 shall be revoked and in its place there shall be inserted the following regulation:
3
In any proceedings in respect of the sale or importation before 31st December 1990 of food having in it or on it ethylene oxide contrary to regulation 4, it shall be a defence for the defendant to prove that the presence of that substance in or on that food is solely due to the use for pathogen reduction of that food in accordance with the second column of entry C in the Annex to Directive 79/117/ EEC of the Council, prohibiting the placing on the market and use of plant protection products containing certain active substances .
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
27th November 1989
Peter Walker
Secretary of State for Wales
23rd November 1989


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Medicines (Prescription Only, Pharmacy and General Sale) Amendment Order 1989, shall come into force on 1st November 1989.
2
In this Order–
“the Pharmacy and General Sale Exemption Order ” means the Medicines (Pharmacy and General Sale – Exemption) Order 1980 ;
“the Prescription Only Medicines Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 ;
Amendment of article 1 of the Prescription Only Medicines Order
2
In article 1(2)(a) of the Prescription Only Medicines Order (interpretation), the following definition is inserted after the definition of “occupational health scheme”:–
“offshore installation” means an offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971 which is within–
tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limit of territorial waters;
waters in any area designated under section 1(7) of the Continental Shelf Act 1964 ;
.
Amendment of article 4 of the Prescription Only Medicines Order
3
In article 4 of the Prescription Only Medicines Order (medicinal products that are not prescription only), the following paragraph is inserted after paragraph (1B):–
1C
Notwithstanding Article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason of the fact that it consists of or contains the substance mebendazole where it is sold or supplied in a container or package containing only a single dose of not more than 100 mg of mebendazole for oral use and for the treatment of enterobiasis.
.
Amendment of Part 1 of Schedule 1 to the Prescription Only Medicines Order
4
In Part I of Schedule 1 to the Prescription Only Medicines Order (which lists substances which render a medicinal product a prescription only medicine except in circumstances also listed)–
a
the following substances are inserted at the appropriate points in the alphabetical order of the substances listed in Column 1–
Acipimox
Aztreonam
Bentiromide
Bisoprolol Fumarate
Buserelin Acetate
Carboplatin
Carteolol Hydrochloride
Ceftriaxone Sodium
Ceruletide Diethylamine
Doxazosin Mesylate
Enoximone
Famotidine
Felodipine
Fenofibrate
Flumazenil
Fluorescein Dilaurate
Fluoxetine Hydrochloride
Ganciclovir
Gestodene
Goserelin Acetate
Lisinopril
Lofexidine Hydrochloride
Lysuride Maleate
Meglumine Gadopentetate
Meglumine Iothalamate
Metipranolol
Misoprostol
Naltrexone Hydrochloride
Nimodipine
Nizatidine
Oxidronate Sodium
Somatropin
Sulbenicillin
Sultamicillin Tosylate
Tenoxicam
Terazosin Hydrochloride
Xamoterol Fumarate;
b
for the entries relating to the substances Dextromethorphan Hydrobromide and Ibuprofen respectively there are substituted the entries relating respectively to those substances set out in Schedule 1 to this Order.
Amendment of Table A of Part IV of Schedule 1 to the Prescription Only Medicines Order
5
In Table A of Part IV of Schedule 1 to the Prescription Only Medicines Order (medicinal products specified by name and product licence number which are not prescription only medicines), the following entries are deleted:–
Femafen
0188/0071;
Oriel Capsules
0073/0023;
Proflex Sustained Relief Capsules
0001/0109; and
Suspren
0188/0072.
Amendment of Schedule 3 to the Prescription Only Medicines Order
6
In Schedule 3 to the Prescription Only Medicines Order (exemptions for certain persons from the provisions of section 58(2) of the Medicines Act 1968)–
a
in paragraph 5 in Column 2 of Part I, the following sub-paragraphs are substituted for sub-paragraph (a)–
a
are eye drops and are prescription only medicines by reason only that they contain not more than–
i
30.0 per cent Sulphacetamide Sodium, or
ii
0.5 per cent Chloramphenicol, or
aa
are eye ointments and are prescription only medicines by reason only that they contain not more than–
i
30.0 per cent Sulphacetamide Sodium, or
ii
1.0 per cent Chloramphenicol, or
;
b
at the end of Part II there is inserted the paragraph set out in Part I of Schedule 2 to this Order; and
c
at the end of Part III there is inserted the paragraph set out in Part II of Schedule 2 to this Order.
Amendment of article 1 of the Pharmacy and General Sale Exemption Order
7
In article 1(2)(a) of the Pharmacy and General Sale Exemption Order (interpretation), the following definition is inserted after the definition of “occupational health scheme”:–
“offshore installation” means an offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971 which is within–
tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limit of territorial waters;
waters in any area designated under section 1(7) of the Continental Shelf Act 1964 ;
.
Amendment of Schedule 1 to the Pharmacy and General Sale Exemption Order
8
In Schedule 1 to the Pharmacy and General Sale Exemption Order (exemptions for certain persons from the provisions of sections 52 and 53 of the Medicines Act 1968)–
a
in paragraph 2 in Column 2 of Part I, the following sub-paragraphs are substituted for sub-paragraph (a)–
a
are eye drops and are prescription only medicines by reason only that they contain not more than–
i
30.0 per cent Sulphacetamide Sodium, or
ii
0.5 per cent Chloramphenicol, or
aa
are eye ointments and are prescription only medicines by reason only that they contain not more than–
i
30.0 per cent Sulphacetamide Sodium, or
ii
1.0 per cent Chloramphenicol, or
; and
b
at the end of Part II there is inserted the paragraph set out in Schedule 3 to this Order.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
9th October 1989
Peter Walker
Secretary of State for Wales
4th October 1989
Malcolm Rifkind
Secretary of State for Scotland
9th October 1989
In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th October 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this fifth day of October 1989.
F. A. Elliott
Permanent Secretary
Sealed with the official seal of the Department of Agriculture for Northern Ireland this 6th day of October 1989.
W. J. Hodges
Permanent Secretary


text:
1
This Order may be cited as the Broadcasting Act 1981 (Isle of Man) Order 1989 and shall come into force on 1st January 1990.
2
1
The following provisions of the Broadcasting Act 1981( ) shall extend to the Isle of Man with the adaptations and modifications specified in Part I of the Schedule to this Order: Part I (Independent Broadcasting Authority), except sections 17, 18, 26, 33, 34, 35, 38, 39 and 41 and Schedule 4; Part III (Broadcasting Complaints Commission), except section 60; Part IV (general), except section 64.
2
Sections 46 and 47 of the Cable and Broadcasting Act 1984 shall extend to the Isle of Man with the adaptations and modifications specified in Part II of the Schedule to this Order.
3
The Independent Broadcasting Authority Act 1973 (Isle of Man) Order 1976( ), the Independent Broadcasting Authority Act 1978 (Isle of Man) Order 1979( ) and the Broadcasting Act 1980 (Isle of Man) Order 1981( ) are hereby revoked.
G.I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Movement of Animals (Records) (Amendment) (No. 2) Order 1989 and shall come into force on 23rd November 1989.
Amendment
2
In article 2(3) (interpretation) of the Movement of Animals (Records) Order 1960 after the words “article 16(1) of the Tuberculosis (England and Wales) Order 1984” there shall be inserted the words “or article 16(1) of the Tuberculosis (Scotland) Order 1984 , as appropriate,”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th October 1989.
(L.S.)
John Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
10th October 1989
Peter Walker
Secretary of State for Wales
2nd November 1989