text:
Citation and commencement
1
1
This Order may be cited as the Mersey Docks and Harbour (Princes River Berth) Revision Order 1988 and shall come into force on 10th November 1988.
2
This Order shall be included among the enactments which may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 1988.
Interpretation
2
1
In this Order, unless the context otherwise requires,
“the Act of 1971 ” means the Mersey Docks and Harbour Board (Ore Berth) Act 1971 ;
“ the Company ” means The Mersey Docks and Harbour Company;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections prepared in duplicate, signed by an Assistant Secretary of the Department of Transport and marked “Plan and sections referred to in the Mersey Docks and Harbour (Princes River Berth) Revision Order 1988”, of which one copy is deposited at the offices of the Department of Transport, and one copy at the head office of the Company;
“the existing enactments ” means the Mersey Docks and Harbour Acts and Orders 1857 to 1988;
“the level of high water ” means the level of mean high water springs;
“the limits of deviation ” means the limits of deviation shown on the deposited plan;
“ tidal work ” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ work ” means any of the works authorised by this Order, and includes any part of those works.
2
This Order is to be read as if the words “or thereabouts” were inserted after each measurement mentioned in article 3 (Power to construct, etc. , works) of this Order.
Power to construct, etc., works
3
1
Subject to the provisions of this Order, the Company may within the lines and situations shown on the deposited plan and according to the levels shown on the deposited sections and within the limits of deviation construct and maintain in the river Mersey and on the bed, banks and shores thereof, the works authorised by this article: —
Work No. 1
An adjustable bridge 8 metres wide commencing 70 metres north of the return wall at the entrance to West Waterloo Dock, extending in a southerly direction for 85 metres and supported at its southernmost end by buoyancy pontoons.
Work No. 2
A passenger access gangway 2 metres wide commencing 40 metres south of the return wall at the entrance to West Waterloo Dock on the eastern quay face of the said entrance thereof and extending in a southerly direction for 62 metres.
Work No. 3
A line of seven berthing and mooring fenders spaced at intervals commencing 27 metres south of the return wall at the entrance to West Waterloo Dock and parallel to the eastern quay face of the entrance to West Waterloo Dock extending in a southerly direction for a distance of 95 metres.
2
The Company may from time to time within the limits of deviation renew, enlarge, alter and reconstruct temporarily or permanently the works.
Subsidiary works
4
Subject to the provisions of this Order, the Company may from time to time, for the purposes of or in connection with or incidental to the construction, maintenance and use of the works authorised by article 3 (Power to construct, etc., works) of this Order, erect, construct, and maintain all such works and conveniences as they may from time to time deem necessary or convenient.
Power to deviate
5
In constructing the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding six metres upwards and to such extent downwards as may be found necessary or convenient.
Incorporation of provisions of Act of 1971
6
The following provisions of the Act of 1971 shall apply in respect of the works authorised by this Order (including any works of reconstruction under article 3(2) hereof) as they apply in respect of the works authorised by that Act — Section 9 (Tidal works not to be constructed without approval of Secretary of State); Section 10 (Provision against danger to navigation); Section 11 (Abatement of works abandoned or decayed); Section 12 (Survey of tidal works); Section 13 (Lights on tidal works during construction); and Section 14 (Permanent lights on tidal works).
Effect of existing enactments upon works
7
The works, and the bed, banks and shores of the river Mersey on which the works are constructed, shall for all purposes, so far as is not inconsistent with the provisions of this Order, be deemed to be docks and lands of the Company within the meaning of the existing enactments or any of them.
Period for completion of works
8
If the works are not completed within 6 years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for constructing and maintaining the works shall cease except as to so much thereof as shall then be completed.
Increase in penalties
9
1
In section 10 of the Act of 1971 (provision against danger to navigation) in subsection (2) for “one hundred pounds” there shall be substituted “the statutory maximum”.
2
In section 13 of that Act (lights on tidal works during construction) in subsection (2) for “one hundred pounds” there shall be substituted “the statutory maximum”.
3
In subsection 14 of that Act (permanent lights on tidal works) in subsection (2) for “one hundred pounds” there shall be substituted “the statutory maximum”.
Signed by authority of the Secretary of State
J W S Dempster
An Under-Secretary,
Department of Transport
9th November 1988


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (Does Corner Boreholes) Order 1988 and shall come into force on 16th March 1988.
2
The Anglian Water Authority Acts and Orders 1974 to 1987 and this Order may be cited as the Anglian Water Authority Acts and Orders 1974 to 1988.
3
In this Order —
“the Authority” means the Anglian Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Does Corner Boreholes) Order 1988”, one duplicate of which has been deposited and is available for inspection at the offices of the Authority at 33 Sheepen Road, Colchester, and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to construct and maintain works
3
The Authority may, when they have acquired the land described in Schedule 1 to this Order or obtained sufficient rights therein —
a
construct and maintain two boreholes on or under that land;
b
construct and maintain, on or under that land a switchgear house, pumping station and treatment works;
c
construct and maintain on or under that land (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of those boreholes.
Works to form part of undertaking
4
The works authorised by this Order shall for all purposes be deemed to form part of the undertaking.
Application of Third Schedule
5
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Environment
15th March 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Credit (General) Amendment Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations “the General Regulations ” means the Family Credit (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) there shall be inserted after the definition of “student” the following definition —
“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
,
Amendment of regulation 9 of the General Regulations
3
In regulation 9 of the General Regulations (circumstances in which a person is to be treated as no longer a member of the same household) —
a
in paragraph (2) —
i
for the word “in-patient” where it first occurs there shall be substituted the word “patient” and, in sub-paragraph (a), for the words “an in-patient” there shall be substituted the words “a patient”;
ii
for the words “in a prison or youth custody institution” where they first occur there shall be substituted the words “detained in custody”; and where, in sub-paragraph (c), they occur for a second time there shall be substituted the words “detained in custody whilst”;
b
after paragraph (2) there shall be added the following paragraph —
3
In this regulation “patient” has the same meaning as in regulation 8(3)(a) (membership of the same household).
.
Substitution of regulation 12 of the General Regulations
4
For regulation 12 of the General Regulations (disregard of fractions) there shall be substituted the following regulation —
Rounding of fractions
12
Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.
.
Amendment of regulation 19 of the General Regulations
5
In regulation 19(1) of the General Regulations (earnings of employed earners) after sub-paragraph (g) there shall be added the following sub-paragraph —
h
any statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986 where the claimant has been in receipt of either for a continuous period of 13 weeks or more.
.
Amendment of regulation 20 of the General Regulations
6
In regulation 20(4) of the General Regulations (calculation of net earnings of employed earners), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
an amount in respect of primary Class 1 contributions under the Social Security Act equivalent to an amount calculated by applying to those earnings the appropriate primary percentage applicable at the date of claim;
.
Amendment of regulation 23 of the General Regulations
7
In regulation 23(2) of the General Regulations (deduction of tax and contributions for self-employed earners) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the amount of Class 2 contributions payable under section 7(1) or, as the case may be, (4) of the Social Security Act at the rate applicable at the date of claim except where a claimant’s chargeable income is less than the amount specified in section 7(5) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year shall be calculated on a pro rata basis; and
b
the amount of Class 4 contributions (if any) which would be payable under section 9(2) of that Act (Class 4 contributions) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but, if the assessment period is less than a year, those limits shall be calculated on a pro rata basis.
.
Amendment of regulation 26 of the General Regulations
8
In regulation 26 of the General Regulations (notional income) —
a
in paragraph (3) after the words “payment of income” there shall be inserted the words “, other than a payment of income made under the Macfarlane Trust,”;
b
in paragraph (6) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
an amount in respect of primary Class 1 contributions under the Social Security Act equivalent to an amount calculated by applying to those earnings the appropriate primary percentage applicable at the date of claim;
.
Amendment of regulation 34 of the General Regulations
9
In regulation 34 of the General Regulations (notional capital) —
a
in paragraph (3) after the words “payment of capital” there shall be inserted the words “, other than a payment of capital made under the Macfarlane Trust,”;
b
after paragraph (6) there shall be added the following paragraph —
7
For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.
.
Amendment of regulation 38 of the General Regulations
10
In regulation 38 of the General Regulations (calculation of grant income) —
a
in paragraph (3) after the words “grant income” there shall be inserted the words “, except any amount intended for the maintenance of dependants under Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 or intended for an older student under Part 4 of that Schedule,”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks commencing with the week in which the period of study begins.
.
Amendment of regulation 46 of the General Regulations
11
In regulation 46 of the General Regulations (determination of appropriate maximum family credit) —
a
in paragraph (1) for the words “paragraphs (2) to (6)” there shall be substituted the words “paragraphs (2) to (7)”;
b
after paragraph (6) there shall be added the following paragraph —
7
For the purposes of this regulation the amount of any credit and the age of any child or young person shall be determined by reference to the credit specified in Schedule 4 and the age of the child or young person at the date on which the period under section 20(6) of the Act (period of award) begins.
.
Amendment of regulation 47 of the General Regulations
12
In regulation 47 of the General Regulations (applicable amount of family credit) at the end there shall be added the following paragraph —
2
For the purposes of section 20(5A) of the Act (date on which applicable amount is to be determined) the prescribed date is the date on which the period under section 20(6) of the Act (period of the award) begins.
.
Amendment of Schedule 2 to the General Regulations
13
In Schedule 2 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 11 there shall be substituted the following paragraph —
11
In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section —
a
any travelling expenses reimbursed to the claimant;
b
any living away from home allowance under section 2(2)(d) of that Act;
c
any training premium,
but this paragraph, except insofar as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.
;
b
after paragraph 30 there shall be added the following paragraphs —
31
Any statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986 where the claimant has not been in receipt of either for a continuous period of 13 weeks or more.
32
Any payment in respect of expenses to which regulation 19(2) (earnings of employed earners) applies.
33
Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment ( No. 2) Regulations 1987 (transitional provisions) .
34
Any payment made under the Macfarlane Trust.
.
Amendment of Schedule 3 to the General Regulations
14
In Schedule 3 to the General Regulations (capital to be disregarded) after paragraph 22 there shall be added the following paragraphs —
23
Any payment made under the Macfarlane Trust and any sum derived from such a payment.
24
The value of the right to receive an occupational pension.
25
The value of the right to receive any rent.
.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
30th March 1988


text:
1
This Order may be cited as the A40 Trunk Road (Western Avenue, Ealing) (Prohibition of Left Turn) Order 1988 and shall come into force on 14th November 1988.
2
No person shall cause or permit any vehicle proceeding in the westbound carriageway of the length of the London-Fishguard Trunk Road (A40) in the London Borough of Ealing known as Western Avenue to make a left turn into Alliance Road.
3
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
10th November 1988


text:
Citation and commencement
1
This Order may be cited as the Kinneil and Manuel Light Railway Order 1988 and shall come into force on 6th April 1988.
Interpretation
2
In this Order unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them:
“ the Board ” means the British Railways Board;
“the Board’s railways” means those parts of the railways or former railways of the Board described as Railway No. 1, Railway No. 2 and Railway No. 3 respectively in the Schedule hereto including all lands and works relating thereto;
“ the Company ” means The Bo'ness and Kinneil Railway Company Limited incorporated under the Companies Act 1948 and having its Registered Office at 57 Queen Street, Edinburgh.
“the Company’s railways” means the railways authorised to be constructed and maintained by the Company in accordance with article 4 of this Order and any parts of the Board’s railways vested in the Company by virtue of an agreement made in accordance with article 3(1) of this Order;
“the enabling Acts ” means the Slamannan and Borrowstounness Railway Act 1846 as amended by the Monkland Railways (Slamannan and Borrowstounness Deviation) Act 1851 ;
“the Principal Act ” means the Light Railways Acts 1896 and 1912 as amended by the Railways Act 1921;
“Railway No. 1” means the Railway No. 1 described in the Schedule hereto;
“Railway No. 2” means the Railway No. 2 described in the Schedule hereto;
“Railway No. 3” means the Railway No. 3 described in the Schedule hereto;
“Railway No. 4” means the Railway No. 4 described in the Schedule hereto;
“ the Society ” means The Scottish Railway Preservation Society incorporated under the Companies Act 1948 and having its Registered Office at 57 Queen Street, Edinburgh;
“transfer date” means the day on which the Board’s railways or any part thereof is vested in the Company by virtue of an agreement under article 3(1) of this Order.
References in this Order to reference points shall be construed as references to National Grid reference points.
Transfer of the Board’s railways to the Company
3
1
The Board and the Company may enter into and carry into effect agreements providing for the transfer to and the vesting in the Company of the Board’s railways or any part thereof on such terms and conditions as may be agreed between the Board and the Company.
2
As from the transfer date the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all the rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise relating to the Board’s railways or such part as is transferred as aforesaid (in so far as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
3
As from the transfer date the Company may work Railway No. 1 as a light railway under the Principal Act.
Power to make Company’s railways
4
1
The Company may on the lands taken for and on the lines of Railway No. 2, Railway No. 3 and Railway No. 4 respectively construct and maintain railways with all necessary works and conveniences connected therewith and work the same as light railways under the Principal Act and in accordance with the provisions of this Order.
2
Except as otherwise provided in this Order the respective railways authorised under paragraph (1) of this article shall be subject to all statutory and all other provisions applicable to Railway No. 2, Railway No. 3 and Railway No. 4 as the case may be (in so far as the same are still subsisting and capable of taking effect) and the Company shall be entitled to exercise all rights, powers and privileges and shall be subject to all obligations statutory or otherwise relating to Railway No. 2, Railway No. 3 and Railway No. 4 as the case may be (in so far as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Application and incorporation of enactments
5
1
Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the Light Railways Act 1896 as are still in force shall cease to apply to Railway No. 1 except for section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and the Company’s servants to be provided) and section 1 (power to order certain provisions to be made for public safety) and section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 .
2
Sections 16, 60, 68, 79, 80, 105 and 106 of the Railway Clauses Consolidation (Scotland) Act 1845 (Works to be executed: gates, bridges, etc. , fences, drains and watering places; Penalty on persons omitting to fasten gates; Company to employ locomotive power, carriages, etc.; Company empowered to contract with other companies; Exercise of power to lease the railway; Powers vested in company to be exercised by lessees) are incorporated and applied to Railway No. 2, Railway No. 3 and Railway No. 4 and form part of this Order as far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order. Section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and the Company’s servants to be provided) and section 1 (power to order certain provisions to be made for public safety) and section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 are also incorporated and applied to Railway No. 2, Railway No. 3 and Railway No. 4.
3
In its application to the Company’s railways the said section 22 of the Regulation of Railways Act 1868 shall be read and construed to have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
4
Sections 116, 117, 118 and 119 of the Transport Act 1968 shall apply to the Company’s railways, provided that references therein to the Board shall, during the currency of any lease granted under article 6 of this Order and in respect of any part of the Company’s railways subject to such a lease, be construed as references to the Society, and during such time as any part of the Company’s railways is not subject to such a lease and in respect of any part of the Company’s railways not so subject to such a lease, be construed as references to the Company.
As to leasing of the Company’s railways to the Society
6
1
On or after the transfer date the Company may lease to the Society the Company’s railways or any part thereof on such terms and conditions as may be agreed between the Company and the Society.
2
During the continuance of any such lease the Society shall to the exclusion of the Company be entitled to the benefit of, and to exercise all the rights, powers and privileges and be subject to all the obligations of the Company whether statutory or otherwise as are transferred to or conferred on the Company in accordance with articles 3 and 4 of this Order for the time being in force in respect of such parts of the Company’s railways as are comprised in the lease.
Gauge of railways and motive power
7
The Company’s railways shall be constructed and operated on a nominal gauge of 1435 millimetres (4 feet 8½ inches) and the motive power shall be diesel or steam or internal combustion or such other motive power as the Secretary of State may approve:
Providing that nothing in this Order shall authorise the use of electrical power as motive power on the Company’s railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided further that if electrical power is used on the Company’s railways such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus, as defined in the Telecommunications Code contained in Schedule 2 to the Telecommunications Act 1984 , or with telecommunication by means of any such apparatus.
Restriction of weight on rails and of speed and as to conveyance of passengers
8
1
No engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow may be used on the Company’s railways.
2
No train or engine shall be run upon any part of the Company’s railways at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the Company’s railways shall be used for the public conveyance of passengers without the permission in writing of the Secretary of State being first had and obtained and the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Company’s railways shall at all times be complied with.
4
If any person operating the Company’s railways acts in contravention of any of the provisions of this article that person shall for each offence be liable on summary conviction to a penalty not exceeding £100.
As to public liability insurance
9
1
In this article
“insurer” means any insurer or insurers authorised under the Insurance Companies Acts 1982 to carry on in Great Britain insurance business of a relevant class or who has corresponding authorisation under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the Company’s railways or any part thereof of not less than £2,000,000.
2
i
Neither the Company nor the Society shall work the Company’s railways or any part thereof unless there is in force a policy.
ii
In default of compliance with the provisions of this paragraph the Company or the Society as the case may be shall be liable on summary conviction to a fine not exceeding £2,000.
iii
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the body which is required to effect and maintain the policy.
For protection of public gas suppliers
10
Nothing in this Order shall prejudice or affect the rights of any public gas supplier within the meaning of Part I of the Gas Act 1986 in any apparatus belonging to them, or for the maintenance of which they are responsible or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s railways may be constructed.
Costs of Order
11
All costs, charges and expenses of and incidental to the preparing for, obtaining and making of this Order or otherwise in relation thereto shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J. R. Coates
An Under Secretary in the
Department of Transport
5th April 1988


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 1988 and shall come into force on 30th November 1988.
2
Subject to article 3 of this Order, the town council of Faversham may bear and use the armorial bearings which were immediately before 1st April 1974 borne and used by Faversham borough council.
3
Armorial bearings shall not be borne or used pursuant to article 2 of this Order until they have been exemplified according to the laws of arms and recorded in the College of Arms.
G. I. de'Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Family Law Act 1986 (Commencement No.1) Order.
2
The whole of the Family Law Act 1986, except paragraph 10 (3) of Schedule 1, shall, in so far as it is not already in force, come into force on 4th April 1988.
Mackay of Clashfern, C.
Cameron of Lochbroom
Dated 2nd March 1988


text:
1
This Order may be cited as the Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1988 and shall come into force on 1st August 1988.
2
Subject to article 3 below, the following persons shall be exempt from section 5(1) of the Immigration Act 1988 —
a
any person who claims that his deportation would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol thereto (“the Refugee Convention”); and
b
any person who would have been last given leave to enter the United Kingdom seven years or more before the date of the decision to make a deportation order against him but for his having obtained a subsequent leave, by virtue of section 3(3)(b) of the Immigration Act 1971 , after an absence from the United Kingdom within the period limited for the duration of the earlier leave.
3
A person who is exempt from section 5(1) by virtue of article 2(a) above may appeal under section 15 of the Immigration Act 1971 against a decision to make a deportation order against him only to the extent that —
a
on the facts of his case there is in law no power to make a deportation order for the reasons stated in the notice of the decision; and
b
his deportation would be contrary to the United Kingdom’s obligations under the Refugee Convention.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
1st July 1988


text:
1
This Order may be cited as the Criminal Justice Act 1987 (Commencement No. 3) Order 1988.
2
The provisions of the Criminal Justice Act 1987 specified in the Schedule to this Order shall come into force on 31st October 1988.
Home Office 8th September 1988
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules Approval Order 1988 and shall come into force on 1st January 1989.
2
The Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules 1988 made on 25th October 1988 by the Insurance Brokers Registration Council in exercise of their powers under section 8(2) of the Insurance Brokers (Registration) Act 1977 are hereby approved.
3
The Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules Approval Order 1985 is hereby revoked.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
9th November 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Treasury Supplement to and Allocation of Contributions) (Re-rating) Order 1988 and shall come into force on6th April 1988.
2
In this Order “ the Act ” means the Social Security Act 1975.
Alteration of Treasury supplement to contributions
2
In section 1(5) of the Act (Treasury supplement to contributions)( ) for the words “7 per cent.”( ) there shall be substituted the words “5 per cent.”.
Percentage rates of appropriate national health service allocation
3
1
Section 134(4) of the Act( ) (allocation of contributions) shall be amended in accordance with the provisions of this article.
2
In the definition of “the appropriate national health service allocation” —
a
in paragraph (a) (primary Class 1 contributions) for the words “0·85 per cent.”( ) there shall be substituted the words “0·95 per cent.”;
b
in paragraph (b) (secondary Class 1 contributions) for the words “0·7 per cent.” there shall be substituted the words “0·8 per cent.”.
Appropriate employment protection allocation
4
It is hereby directed that there shall be no appropriate employment protection allocation in relation to the tax year beginning on 6th April 1988, and section 134 of the Act shall have effect accordingly.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
29th March 1988
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 1988


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Provisional Approval) (Amendment) Regulations 1988 and shall come into force on 2nd September 1988.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Personal Pension Schemes (Provisional Approval) Regulations 1987 .
Amendments to the Principal Regulations
3
In regulation 3 of the Principal Regulations —
a
for “1st August 1989” there shall be substituted “1st February 1990”;
b
after the first “and” there shall be inserted “, subject to regulation 3A,”; and
c
in paragraph (a)(ii) the words from “and that no member” to “the assets of the scheme” shall be omitted.
4
After regulation 3 of the Principal Regulations there shall be inserted —
3A
Where the scheme is established under a trust, the Board may grant approval of the scheme provisionally if the application is also accompanied by a written undertaking by the scheme administrator that provision is made so as to ensure that neither the capital nor the income of the trust fund is paid to a member of the scheme except by the provision of a benefit referred to in sections 633 to 637 of the Income and Corporation Taxes Act 1988.
.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
11th August 1988


text:
1
These Regulations may be cited as the Education (Special Educational Needs) (Amendment) Regulations 1988 and shall come into force on 18th July 1988.
2
The Education (Special Educational Needs) Regulations 1983 are hereby amended as follows —
a
in regulation 2(4) after the definition of the expression “the Act of 1981” there shall be added the following —
“the Act of 1986 ” means the Disabled Persons (Services, Consultation and Representation) Act 1986;
;
b
in regulation 2(4) at the end there shall be added the following —
“statutory services” has the same meaning as in the Act of 1986.
;
c
in regulation 11(1) in sub-paragraph (d) there shall be deleted the word “or” in the second place it occurs;
d
in regulation 11(1) in sub-paragraph (e) there shall be added at the end the word “or”;
e
in regulation 11(1) at the end there shall be added the following new sub-paragraph —
f
for the purposes of an assessment of the needs of the child with respect to the provision of any statutory services for him being carried out by officers of a social services authority by virtue of arrangements made under section 5(5) of the Act of 1986.
;
f
for paragraph (2) of regulation 12 there shall be substituted the following paragraph —
2
The old authority shall transfer the statement to the new authority.
;
g
after paragraph (2) of regulation 12 there shall be added the following paragraph —
2A
Where the statement has been transferred as aforesaid and the old authority had received an opinion in pursuance of section 5(1) or (2) of the Act of 1986 or had given notification for the purposes of section 5(5) of that Act, they shall so inform the new authority.
.
Kenneth Baker
Secretary of State for Education and Science
14th June 1988
Peter Walker
Secretary of State for Wales
16th June 1988


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Lord Chancellor’s Salary Order 1988.
2
This Order shall come into force on the day on which it is made.
3
The Lord Chancellor’s Salary Order 1987 is hereby revoked.
Increase of Lord Chancellor’s salary
2
For the amount specified in subsection (2) of section 1 of the Ministerial and other Salaries Act 1975 as the aggregate annual amount of the salary payable to the Lord Chancellor under that subsection and the salary payable to him as Speaker of the House of Lords there shall be substituted —
a
for the period beginning with the day on which this Order is made and ending with 30th September 1988, £86,240;
b
for any subsequent period, £87,250.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Roll-over Protective Structures for Construction Plant (EEC Requirements) Regulations 1988, and shall come into force on 31st March 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions have the following meanings —
“approved body” means a body appointed by the Secretary of State under regulation 4;
“approved other body” means a body appointed under the law of Northern Ireland or of a member State other than the United Kingdom to carry out functions similar to those authorised to be carried out by an approved body under these Regulations;
“certificate of conformity” means a certificate that the ROPS specified in the certificate has been manufactured in conformity with the EEC type-examination requirements;
“construction plant” means the machines to which the International Organisation for Standardisation ( ISO ) 3471/1 — 1986 (identical to British Standard 5527:1987 ) applies;
“EEC inspection” means the procedure by which an approved body or an approved other body, if so requested by the approved body, checks —
whether any ROPS being manufactured conforms with the type of EEC protective structure in respect of which an EEC type-examination certificate has been issued;
whether the manufacturer actually carries out adequate conformity checks to verify on a continuous and adequate basis whether any EEC protective structure manufactured by him conforms with the type of EEC protective structure in respect of which an EEC type-examination certificate has been issued as regards materials used and the quality of workmanship; and
whether the manufacturer is fulfilling all the requirements of the Special Directive placed on him;
“EEC mark” means the EEC mark of conformity referred to in regulation 6;
“EEC protective structure” means a ROPS which conforms with the EEC type-examination requirements;
“EEC type-examination certificate” means a certificate that a type of EEC protective structure conforms with the EEC type-examination requirements;
“EEC type-examination requirements” means the technical requirements referred to in Annex 1 of the Special Directive;
“the Framework Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to common provisions for certain construction plant and equipment ;
“market” means supply by way of sale, lease, hire or hire-purchase, whether as principal or agent for another;
“ROPS” means roll-over protective structure for construction plant; and
“the Special Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to roll-over protective structures for certain construction plant .
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Marketing of construction plant
3
1
No person shall on or after 30th May 1990 market any construction plant manufactured on or after that date unless it is fitted with a suitable ROPS and an EEC type-examination certificate and a certificate of conformity has been issued in respect of that structure and an EEC mark has been placed thereon in accordance with these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom.
2
Where a person (“the ostensible supplier”) markets any construction plant by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier —
a
carries on the business of financing the acquisition of goods by others by means of such agreements; and
b
in the course of that business acquired his interest in the plant supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purpose of this regulation as marketing the construction plant to the customer and any duty imposed by these Regulations on those who market any construction plant shall accordingly fall on the effective supplier and not on the ostensible supplier.
3
Where a person (“the ostensible supplier”) markets any construction plant by supplying the same to another (“the customer”) under a lease, and the ostensible supplier —
a
has not previously granted any lease to the customer in respect of that plant; and
b
carries on the business of financing the use of goods by others by means of leases; and
c
in the course of that business acquired his interest in the plant supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”); and
d
he or his agent either
i
has not had physical possession of the plant, or
ii
has had physical possession of the plant only for the purpose of passing it to the customer; and
e
he or his agent has not modified, overhauled, repaired or restored the plant;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the construction plant to the customer and any duty imposed by these Regulations on those who market any construction plant shall accordingly fall on the effective supplier and not on the ostensible supplier.
4
Where —
a
paragraph (3) of this regulation has applied in respect of a lease; and
b
the ostensible supplier grants a further lease of the plant to the same customer; and
c
the plant has remained in the physical possession of the customer since he took possession of it under the first lease; and
d
the plant has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier;
then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.
Appointment of approved bodies
4
The Secretary of State shall appoint a body or bodies of persons in accordance with the conditions of the Framework Directive and subject to such conditions as he shall think fit —
a
to carry out examinations of any ROPS to ascertain whether or not it conforms with the EEC type-examination requirements;
b
to issue EEC type-examination certificates with respect to any EEC protective structure;
c
to carry out EEC inspections; and
d
to do such other things as may be required or permitted under or in connection with these Regulations.on certificates with respect to any EEC protective structure;
c
to carry out EEC inspections; and
d
to do such other things as may be required or permitted under or in connection with these Regulations.
EEC type-examination certificates
5
1
An application for an EEC type-examination certificate shall be made to the approved body by or on behalf of a manufacturer in writing and shall be accompanied by an information document duly completed so as to furnish all the information required by the information document in the form set out in Schedule 1 and shall be accompanied also by an undertaking in the form set out in Schedule 2.
2
Where in pursuance of this regulation an application has been made to an approved body in respect of a type of construction plant then no other application in any member State for an EEC type-examination certificate in respect of any construction plant of that type shall be made by or on behalf of the same manufacturer and any application made to an approved body which to the knowledge of the approved body is contrary to this paragraph shall be rejected by the approved body.
3
Where the approved body is satisfied on application made to it under paragraph (1) above and after carrying out tests and examinations of the type of ROPS in respect of which the application was made that the type of ROPS conforms with the EEC type-examination requirements and after payment of the prescribed fee it shall issue to the applicant for each type of ROPS tested and examined a test report in the form set out in Schedule 3 and shall grant an EEC type-examination certificate in the form set out in Schedule 4 in respect of that type of EEC protective structure.
4
Where the approved body is satisfied on application made to it under paragraph (1) above and after carrying out tests and examinations of the type of ROPS in respect of which the application was made that the type of ROPS does not conform with the EEC type-examination requirements and after payment of the prescribed fee it shall issue a full test failure report for such type of ROPS which states the reasons for the issue of such report and informs the applicant of his right to apply for review of the decision of the approved body under regulation 9.
5
The prescribed fee payable under paragraphs (3) and (4) above in every case shall be equal to the sum of —
a
the costs of the approved body of and in connection with the functions carried out or to be carried out by it under these Regulations (“the relevant service”); and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and the extent of the work done or to be done by the approved body in providing the relevant service, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
Certificate of conformity and EEC mark of conformity
6
The manufacturer of a ROPS which has been manufactured in conformity with the EEC type-examination requirements referred to in an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom which is in force shall issue a certificate of conformity in the form set out in Schedule 5 that such ROPS has been so manufactured, and shall place on the ROPS a legible, permanent and indelible EEC mark of conformity in the form set out in Schedule 6 and shall attach a label to the ROPS in accordance with section 9 of the International Organisation for Standardisation (ISO) 3471/1 — 1986.
EEC inspections
7
The approved body may carry out EEC inspections in Great Britain of any ROPS being produced of a type in respect of which an EEC type-examination certificate has been issued under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom if requested to do so by the approved other body which granted the EEC type-examination certificate, and for that purpose a duly authorised officer of an approved body may, on production if requested of his authority, at all reasonable times enter into premises where any such ROPS is for the time being held by or on behalf of the manufacturer, importer or other supplier of the ROPS and remove any such ROPS as a sample.
Suspension and withdrawal of EEC type-examination certificate
8
1
If the approved body, after checking any ROPS under regulation 7 of the same type as that in respect of which an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland is in force, or after receipt of a report from an approved other body made at the request of the approved body, is satisfied that such ROPS has not been manufactured to conform with the EEC type-examination requirements in respect of such ROPS or if not all the requirements of the Special Directive have been fulfilled, the approved body shall give notice of that fact to the holder of that EEC type-examination certificate and such notice shall specify —
a
the respects in which the ROPS has not been manufactured so as to conform with the EEC type-examination requirements in respect of it or the requirements of the Special Directive have not been fulfilled;
b
that unless steps are taken which ensure that such a ROPS does so conform or such requirements are so fulfilled within a specified period the certificate will be temporarily suspended or will be withdrawn; and
c
if the approved body thinks fit, that the certificate will be temporarily suspended immediately.
2
If the approved body decides to suspend or withdraw an EEC type-examination certificate it shall immediately give notice of the decision to the holder of the certificate and to the Secretary of State.
3
A notice to a holder of an EEC type-examination certificate of suspension or withdrawal under paragraph (1) above or of suspension or withdrawal under paragraph (2) shall specify the date on which the suspension or withdrawal is to take effect and shall specify the grounds for the decision and shall inform the holder of the certificate of his right to apply for a review of the decision under regulation 9.
4
The suspension or withdrawal of an EEC type-examination certificate shall not affect the validity of any certificate of conformity or EEC mark issued or placed on a ROPS under regulation 6 or under the law of Northern Ireland.
Review
9
1
A person who is aggrieved by a decision given by an approved body under regulation 5(4) or 8(1), (2) or (3) may, in accordance with paragraphs (2) and (3) of this regulation, apply to the Secretary of State to review the decision and on such application the Secretary of State —
a
shall have the like powers and duties as an approved body has on an application for an EEC type-examination certificate under regulation 5 or under regulation 8(1), (2) or (3),
b
may hold an inquiry in connection therewith, and
c
may appoint an assessor for the purpose of assisting him with his review or any such inquiry.
2
An application under paragraph (1) of this regulation shall be made by notice to the Secretary of State, and shall be lodged with him not later than fourteen days from the date of the decision in respect of which the application for review is made.
3
A notice of application for review under this regulation shall state the grounds on which the application is made and shall be accompanied by the following documents: —
a
where the application is for review of a decision under regulation 5(4) copies of the information and documents which, in accordance with regulation 5(1), accompanied the application under that regulation for the certificate in question, and
b
where the application for review relates to the suspension or withdrawal of a certificate, a copy of that certificate.
10
1
Any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1) shall be guilty of an offence, and liable on summary conviction to a fine not exceeding £2000.
2
Where the commission by any person of an offence under regulation 3(1) is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by corporations
11
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed guilty of the offence.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Robert Atkins
Parliamentary Under-Secretary of State,
Department of Trade and Industry
3rd March 1988r in connection with his functions of management as if he were a director of the body corporate.
Robert Atkins
Parliamentary Under-Secretary of State,
Department of Trade and Industry
3rd March 1988


text:
1
These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 1988.
2
These Regulations shall come into force on 1st December 1988 and shall have effect for the purposes of regulation 3(a) as from 1st July 1987 and for the purposes of regulation 3(c) and (d) as from 1st September 1988.
3
The Police Regulations 1987 shall be amended as follows:
a
in regulation 39 (London weighting) for the words “by £945” there shall be substituted the words “in respect of the period from 1st July 1987 to 30th June 1988 by £1,017 and with effect from 1st July 1988 by £1,089”;
b
in regulation 19(2) (contents of personal records) the words “, if the member so requests” shall be omitted and there shall be inserted at the end, but not as part of paragraph (ii) of the proviso, the words “but in the case of a period free from punishment other than a caution which expires before 1st January 1989 only if the member so requests”;
c
in Schedule 5 (scales of pay) —
i
for tables A and B there shall be substituted respectively the tables set out in the Appendix to these Regulations;
ii
in paragraph 2(2) there shall be inserted after the word “force” the words “on or before 31st August 1988”; and
iii
after paragraph 2(2) there shall be inserted the following sub-paragraphs:
2A
In the case of a constable who first became a member of a police force after 31st August 1988 and after he had attained the age of 22 years, his annual pay during the period which ends on 31st August 1989 shall be £10,512 and during the remainder of the period before he completes 2 years of reckonable service shall be determined in accordance with Table B as if at all times during the latter period he had two years' reckonable service.
2B
In the case of a constable who became a member of a police force after 31st August 1988 and before he had attained the age of 22 years, his annual pay during the period which ends on 31st August 1989 shall be £8,352.
;
d
in paragraph 1 of Schedule 11 (dog handler’s allowance) for the words “£612” in sub-paragraph (a) there shall be substituted the words “£663” and for the words “£831” in sub-paragraph (b) there shall be substituted the words “£903”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
24th October 1988


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (Various Local Authorities) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 9 entitled “Maps referred to in the Tyne and Wear Development Corporation (Vesting of Land) (Various Local Authorities) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices, of the Secretary of State for the Environment, the councils of the city of Newcastle upon Tyne, the boroughs of North Tyneside and South Tyneside and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to that plot so numbered and shown bounded externally with a black line and edged internally with a stippled band on a numbered map.
Vesting of Land
3
The land described in
a
Part 1 of the Schedule hereto, and now vested in the council of the borough of South Tyneside,
b
Part 2 of the Schedule hereto, and now vested in the council of the borough of North Tyneside, and
c
Part 3 of the Schedule hereto, and now vested in the council of the city of Newcastle upon Tyne
or, in each case, in any other local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
15th June 1988


text:
This Order may be cited as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Electoral Scheme) (Variation) Order 1988 and shall come into force on the day after the day on which it is made.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
4th February 1988


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1988 and shall come into force on the following dates:
Articles 1, 2(a) and (b) 16th March 1988 Article 2(c) 1st June 1988
2
Schedule 1( ) to the Value Added Tax Act 1983 (provisions as to liability to be registered) shall be amended as follows:
a
in paragraph 1(1)(a)(i) for the figure “£7,250” there shall be substituted “£7,500”,
b
in paragraphs 1(1)(a)(ii), 1(1)(b) and 1(2) for the figure “£21,300” there shall be substituted “£22,100”,
c
in paragraphs 1(3), 2(1) and 2(2) for the figure “£20,300” there shall be substituted “£21,100”.
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1988


text:
1
This Order may be cited as the National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 1988, and shall come into force on the day after the day on which it is made.
2
The National Savings Bank (Investment Deposits) (Limits) Order 1977 shall be amended in article 4(1) by the addition of the following sub-paragraph:
e
the receipt of any amount for, or the crediting of any amount to, any account of the Accountant General of the Supreme Court of Judicature of Northern Ireland.
.
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 1988


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1988 and shall come into force on 18th March 1988.
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 4 of these Regulations (being provisions which vary the requirements as regards the construction of certain classes of vehicles) shall apply as from 1st April 1990 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments of regulation 4 (Application and Exemptions)
3
The Table in regulation 4(4) shall be amended as follows —
a
in sub-paragraph (a) in column 2 of item 2, in front of the words“Part II” there shall be inserted the words“Part I” and a comma;
b
in sub-paragraph (a) in column 2 of item 3, for the words“paragraph 7 and 8 of Schedule 7 to the Finance Act 1972” there shall be substituted the words“section 7(1), (2) and (3) of the Car Tax Act 1983 ”;
c
in sub-paragraph (b) in column 2 of item 3, for the words“regulation 49 or 50 of the Value Added Tax (General) Regulations 1977” there shall be substituted the words“regulation 56 or 57 of the Value Added Tax (General) Regulations 1985 ”; and
d
in column 2 of item 5, for the words“section 54” there shall be substituted the words“section 45”.
Speed limiters for coaches
4
1
After regulation 36 (maintenance of speedometers), there shall be inserted the following new regulation —
Speed limiters
36A
1
This regulation applies to every coach first used on or after 1st April 1974 and which has, or if a speed limiter were not fitted to it would have, a maximum speed exceeding 70 mph.
2
A vehicle to which this regulation applies and which is first used on a date included in an item in column 2 of the Table shall not be used on a road on or after the date specified in column 3 in that item unless it has been fitted with a speed limiter.
TABLE
(regulation 36A (2))
(1) (2) (3) Item Date of first use Date from which requirement applies
1. 1st April 1974 to 31st March 1984 1st April 1991 2. 1st April 1984 to 31st March 1989 1st April 1990 3. On or after 1st April 1989 Date of first use
3
Every speed limiter fitted in accordance with paragraph (2) shall —
a
unless it is fitted before 1st October 1988, comply with Part I of the British Standard;
b
be calibrated to a set speed not exceeding 70 mph;
c
be sealed in such a manner as to protect the limiter against any improper interference or adjustment and against any interruption of its power supply; and
d
be maintained in good and efficient working order.
4
A vehicle to which a speed limiter has been fitted in accordance with paragraphs (2) and (3) shall not be driven on a road unless the speed limiter is functioning except for the purpose of —
a
completing a journey in the course of which the speed limiter has accidentally ceased to function; or
b
taking the vehicle to a place where the speed limiter is to be repaired or replaced.
5
In this regulation —
“Part I of the British Standard” means the British Standard for Maximum Road Speed Limiters for Motor Vehicles which was published by the British Standards Institution under the number BSAU 217: Part I: 1987 and which came into effect on 29th May 1987;
“set speed” has the same meaning as in clause 2.2 of Part I of the British Standard;
“speed limiter” means a device designed to limit the maximum speed of a motor vehicle by controlling the engine power of the vehicle.
.
2
After regulation 70 (Ministry plates), there shall be inserted the following new regulation —
Speed limiters — plates
70A
1
Paragraph (2) applies to every vehicle to which regulation 36A (speed limiters) applies and which is fitted with a speed limiter which complies with Part I of the British Standard.
2
Every vehicle to which this paragraph applies shall be equipped with a plate which is in a conspicuous and readily accessible position within the driving compartment and which shows clearly and indelibly the particulars specified in clause 10 of Part I of the British Standard.
3
Paragraph (4) applies to every vehicle to which regulation 36(A) applies and which is fitted with a speed limiter which does not comply with Part I of the British Standard.
4
Every vehicle to which this paragraph applies shall be equipped with a plate which is in a conspicuous and readily accessible position within the driving compartment and which shows clearly and indelibly —
a
the words“SPEED LIMITER FITTED”;
b
the set speed in mph to which the limiter is calibrated; and
c
the name or trade mark of the limiter supplier.
5
In this regulation —
a
“Part I of the British Standard” and“speed limiter” have the same meanings respectively as in regulation 36A;
b
“limiter supplier” and“set speed” have the same meanings respectively as in Part I of the British Standard; and (m) (c)“trade mark” has the same meaning as in the Trade Marks Act 1938 .
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
16th February 1988


text:
1
This Order may be cited as the Merchant Shipping (Protection of Shipping and Trading Interests) (USSR) (Revocation) Order 1988 and shall come into force on 1st December 1988.
2
The Merchant Shipping (Protection of Shipping and Trading Interests) (USSR) Order 1986 is hereby revoked.
Signed by the authority of the Secretary of State
Michael Portillo
Minister of State
Department of Transport
31st October 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order (the highway along this route being in this Order referred to as“the new trunk road”) shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan”means the plan numbered GLRT 065/L27/36/TO4/1 — 2, marked“The A406 London North Circular Trunk Road (Popes Lane (B4491) to Western Avenue (A40) Improvement, Trunk Road) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY;
ii
“the Trunk Road”means the A406 London North Circular Trunk Road.
5
This Order shall come into force on 15th September 1988 and may be cited as the A406 London North Circular Trunk Road (Popes Lane (B4491) to Western Avenue (A40) Improvement, Trunk Road) Order 1988.
Signed by authority of the Secretary of State
I. Yess
An Under Secretary in the
Department of Transport
1st September 1988


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


text:
Citation, Commencement and Introduction
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1988.
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 3 of these Regulations (being provisions which vary the requirements as regards the construction of certain classes of vehicles) shall apply as from 25th July 1988 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 33 (mirrors)
3
Regulation 33 shall be amended as follows —
a
in the Table in paragraph (1), for “85/205” in column 4 of item 1, in columns 3 and 4 of item 3, in columns 3 and 4 of item 4, in column 4 of item 5 and in column 4 of item 6 there shall be substituted “86/562”; and
b
for paragraph (5) there shall be substituted the following —
5
Instead of complying with paragraphs (1) to (4) a vehicle may comply —
a
if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989, with Community Directive 79/795, 85/205 or 86/562;
b
if it is a goods vehicle first used on or after 1st August 1989 —
i
in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg with Community Directive 79/795, 85/205 or 86/562; and
ii
in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205 or 86/562;
c
if it is an agricultural motor vehicle with Community Directive 71/127, 74/346, 79/795, 85/205 or 86/562;
d
if it is a two-wheeled motor cycle with or without a side-car with Community Directive 71/127, 79/795, 80/780, 85/205 or 86/562; and
e
if it is any other vehicle with Community Directive 71/127, 79/795,85/205 or 86/562.
.
4
In Table 1 in Schedule 2 after the entry relating to Item 50 there shall be inserted the following entry —
5186/5626.11.86
L327, 27.11.86, p.49 Mirrors 71/127 as amended by 79/795 and 85/205
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th June 1988


text:
1
This Order may be cited as the Education (Higher Education Corporations) (No.3) Order 1988 and shall come into force on 21st November 1988.
2
There shall be established, as from 21st November 1988, a body corporate to conduct, as from 1st April 1989, the institution known as the Falmouth School of Art and Design being an institution which appears to the Secretary of State to satisfy the criteria set out in section 122(1) of the Education Reform Act 1988 and whose full-time equivalent enrolment number for courses of higher education appears to him to exceed 350.
3
1st April 1989 is hereby appointed as the transfer date for the said corporation for the purposes of section 126 of that Act.
4
The County Council of Cornwall is hereby specified as the local authority entitled to nominate two local authority nominees as initial nominee members of the said corporation.
Kenneth Baker
Secretary of State for Education and Science
20th October 1988


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Property) (Greater Manchester) Order 1988 and shall come into force on 10th May 1988.
Transfer of property
2
1
There shall vest in the Manchester City Council —
a
the St. Thomas Centre, Ardwick Green North, Manchester registered at Her Majesty’s Land Registry under Title Number GM216146;
b
the St. Thomas Centre car park, Paddock Street, Manchester registered at Her Majesty’s Land Registry under Title Numbers GM236695 and GM186656; and
c
the Zion Institute, Zion Crescent, Hulme, Manchester registered at Her Majesty’s Land Registry under Title Number GM054411.
2
The land vested in the Manchester City Council by paragraph (1) shall be held by that council for the joint use and benefit of itself and of all the councils of the other districts in the county of Greater Manchester.
Rights and liabilities
3
There shall vest in the Manchester City Council all rights and liabilities of the Greater Manchester Residuary Body acquired or incurred exclusively in connection with any of the land vested in that council by article 2.
Nicholas Ridley
Secretary of State for the Environment
12th April 1988


text:
1
This Order shall come into force on 3rd April 1988 and may be cited as the A1 Trunk Road (Barnet Way, Barnet) (Box Junction) Order 1988.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by the traffic sign specified in diagram 1043 in the Traffic Signs Regulations and General Directions 1981 ; and
“the trunk road” means that part of the London — Edinburgh — Thurso Trunk Road (A1) in the London Borough of Barnet known as the Barnet Way.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole or any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done on the direction or with the permission of a police constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole, or any part of a vehicle to remain stationary within the boxed area while waiting to complete a right turn for so long as the vehicle is prevented from completing that turn by reason of the presence of other stationary vehicles, waiting in or near that area, to complete a right turn; or
d
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary in the boxed area if when the whole or any part of the vehicle entered that area the person so causing or permitting has reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State.
John Dawson
Director (Transport) London Regional Office of the
Department of Transport
30th March 1988


text:
Citation and Commencement
1
These Regulations may be cited as the Judicial Pensions (Personal Pension Option) Regulations 1988 and shall come into force on 1st September 1988.
Interpretation
2
In these Regulations —
“ the Act ” means the Judicial Pensions Act 1981( ), and references to a person’s eligibility for a pension are, in relation to a judicial office which carries entitlement to a pension, references to such entitlement.
Personal Pension Option
3
The provisions of the Act specified in the Schedule to these Regulations shall apply with the modifications specified in the Schedule.
John Moore
Secretary of State for Social Security
29th July 1988


text:
Citation and commencement
1
This Order may be cited as the AIDS (Control) (Contents of Reports) (No. 2) Order 1988 and shall come into force on 13th July 1988.
Amendment of Schedule
2
1
The Schedule to the AIDS (Control) Act 1987 (contents of reports by Authorities and Boards) shall be amended in accordance with the following provisions of this Article.
2
There shall be inserted immediately after paragraph 2 of that Schedule the following paragraph —
2A
The number of positive results known to the Authority or Board to have been obtained in the reporting period from blood samples taken for the purposes of HIV antibody tests by facilities or services provided by the Authority or Board.
3
Paragraph 8 shall be omitted.
Revocation of Order
3
The AIDS (Control) (Contents of Reports) Order 1988 is hereby revoked.
John Moore
One of Her Majesty’s Principal Secretaries of State
14th June 1988


text:
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (No. 1) Order 1988 and shall come into force on 12th February 1988.
2
The bodies named in the Schedule to this Order are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985.
Nicholas Ridley
Secretary of State for the Environment
13th January 1988
Peter Walker
Secretary of State for Wales
18th January 1988
We consent,
David Lightbown
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st January 1988


text:
Title and commencement
1
These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations 1988 and shall come into force on 31st December 1988.
Interpretation
2
In these Regulations the expression“the principal Regulations ” means the Sweeteners in Food Regulations 1983 .
Amendment of the principal Regulations
3
Schedule 1 to the principal Regulations shall be amended as follows: —
a
in Part I (permitted sweeteners) after the item relating to“Isomalt” there shall be inserted —
In column 1 In column 2 (Name of Sweetener) (Serial Number)
“Lactitol | ” ;
b
in Part II (specific purity criteria for permitted sweeteners) after the item relating to“Isomalt” there shall be inserted —
Lactitol Synonyms Lactit, Lactositol, Lactobiosit. Chemical name 4-0-(β:-D-galactopyranosyl)-D-glucitol. Empirical formula C 12 H 24 O 11 . Molecular weight 344.32. Specific rotation, [α] 20°C D + 13° to + 15° (using a 10% weight to volume aqueous solution). Water Lactitol monohydrate not more than 5.5% (Karl Fischer). Lactitol dihydrate not more than 10.5% (Karl Fischer). Description Colourless, aqueous syrup with a sweet taste. When dried, the resulting products, lactitol monohydrate and lactitol dihydrate, are white, odourless and crystalline. Content Not less than 97.5% 4-0-(β-D- galactopyranosyl)-D-glucitol on a dry weight basis. Other polyols Not more than 2.5% on a dry weight basis. Reducing sugars Not more than 0.2% on a dry weight basis, expressed as lactose. Chlorides Not more than 100 mg/ kg on a dry weight basis, expressed as Cl. Sulphate Not more than 100 mg/kg on a dry weight basis, expressed as SO 4 . Arsenic Not more than 1 mg/kg on a dry weight basis, expressed as As. Nickel Not more than 1 mg/kg on a dry weight basis, expressed as Ni. Lead Not more than 1 mg/kg on a dry weight basis, expressed as Pb. Ash Not more than 0.1% after ignition at 800 ± 25°C calculated on a dry weight basis.
.
Amendment of the Jam and Similar Products Regulations 1981
4
The Jam and Similar Products Regulations 1981 shall be amended by substituting for paragraph (2) of regulation 13 —
2
Permitted sweeteners may be used in the preparation of reduced sugar products.
.
Amendment of the Food Labelling Regulations 1984
5
The Food Labelling Regulations 1984 shall be amended by inserting in Schedule 6 Part II (restricted claims), column 2 (conditions) in paragraphs 3 and 4 of item 5 (Diabetic claims) after“isomalt” in both places where it occurs,“, lactitol”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th November 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
2nd December 1988
Peter Walker
Secretary of State for Wales
30th November 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Region) (England) Order 1988 and shall come into force on 22nd December 1988.
2
In this Order “the 1985 Act ” means the Housing Act 1985.
Designated rural areas
2
1
Subject to paragraph (2) of this article, the areas specified in the Schedule to this Order are designated as rural areas for the purposes of section 157 of the 1985 Act.
2
The areas designated by this article do not include any area of land in the National Park designated by the Yorkshire Dales National Park (Designation) Order 1953, or any area of land in an area of outstanding natural beauty designated by the Forest of Bowland Areas of Outstanding Natural Beauty (Designation) Order 1963.
Designated region
3
In relation to a dwelling-house which is situated in a rural area designated by article 2 of this Order, the designated region for the purposes of section 157(3) of the 1985 Act shall be the County of North Yorkshire.
Nicholas Ridley
Secretary of State for the Environment
24th November 1988


text:
Citation and commencement
1
This Order may be cited as the Social Security (Sweden) Order 1988 and shall come into force on 1st May 1988.
Modification of the Social Security Act 1975
2
The Social Security Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention and the Protocol set in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
Modification of the Child Benefit Act 1975
3
Part I of the Child Benefit Act 1975 and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
Revocation and Variation of Orders
4
1
The National Insurance and Industrial Injuries (Sweden) Order, 1957 is hereby revoked.
2
The reference to the said Order of 1957 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 , the Schedule to the Social Security (Reciprocal Agreements) Order 1979 and in Schedule 1 and 2 to the Social Security (Reciprocal Agreements) Order 1982 .
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Education (Higher Education Corporations) (No. 4) Order 1988 and shall come into force on 24th January 1989.
2
There shall be established, as from 24th January 1989, bodies corporate by the names given in column 1 of the Schedule to this Order to conduct, as from 1st April 1989, the institutions specified opposite in column 2 being institutions which appear to the Secretary of State to satisfy the criteria set out in section 122(1) of the Education Reform Act 1988 and whose respective full-time equivalent enrolment numbers for courses of higher education appear to him to exceed 350.
3
1st April 1989 is hereby appointed as the transfer date for each such corporation for the purposes of section 126 of that Act.
4
1
In relation to each such corporation the local authority specified opposite in column 3 of the said Schedule shall be the nominating authority for the number of initial nominee members specified opposite in column 4.
2
In this article “the nominating authority” means the local authority entitled to nominate one or more local authority nominees as initial nominee members of a corporation.


text:
1
This Order may be cited as the Finance (No. 2) Act 1987 (Commencement) Order 1988.
2
Section 81 of the Finance (No. 2) Act 1987 shall come into force on 29th April 1988.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
19th April 1988


text:
Citation and commencement
1
1
This Order may be cited as the Northamptonshire and Warwickshire (County Boundaries) Order 1988.
2
This Order shall come into force on 25th March 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Interpretation
2
In this Order “boundary map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the Northamptonshire and Warwickshire (County Boundaries) Order 1988”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Northamptonshire to Warwickshire
3
1
The parts of the county of Northamptonshire, the district of Daventry and the parish of Barby which are marked B1 to B6 on boundary map 1 shall be transferred to —
a
the county of Warwickshire and the Dunchurch electoral division of that county;
b
the borough of Rugby and the Dunchurch and Thurlaston ward of that borough; and
c
the parish of Dunchurch.
2
The parts of the county of Northamptonshire, the district of Daventry and the parish of Barby which are marked B7 and B8 on boundary maps l and 2 shall be transferred to —
a
the county of Warwickshire and the Rugby Caldecott electoral division of that county; and
b
the borough of Rugby and the Caldecott ward of that borough,
and shall cease to form part of any parish.
3
The parts of the county of Northamptonshire, the district of Daventry and the parish of Barby which are marked B9 to B11 on boundary maps 2 and 3 shall be transferred to —
a
the county of Warwickshire and the Rugby Caldecott electoral division of that county; and
b
the borough of Rugby and the Paddox ward of that borough,
and shall cease to form part of any parish.
4
The part of the county of Northamptonshire, the district of Daventry and the parish of Barby which is marked B12 on boundary map 3 shall be transferred to —
a
the county of Warwickshire and the Rugby Hillmorton electoral division of that county; and
b
the borough of Rugby and the Hillmorton ward of that borough,
and shall cease to form part of any parish.
Transfers from Warwickshire to Northamptonshire
4
1
The parts of the county of Warwickshire, the borough of Rugby and the parish of Dunchurch which are marked A1 to A8 on boundary map 1 shall be transferred to —
a
the county of Northamptonshire and the Braunston electoral division of that county;
b
the district of Daventry and the Barby ward of that district; and
c
the parish of Barby.
2
The parts of the county of Warwickshire and the borough of Rugby which are marked A9 to A11 on boundary maps 1 and 2 shall be transferred to —
a
the county of Northamptonshire and the Braunston electoral division of that county; and
b
the district of Daventry and the Barby ward of that district,
and shall become part of the parish of Barby.
3
The parts of the county of Warwickshire and the borough of Rugby which are marked A12 and A13 on boundary map 3 shall be transferred to —
a
the county of Northamptonshire and the Braunston electoral division of that county; and
b
the district of Daventry and the Kilsby ward of that district,
and shall become part of the parish of Kilsby.
Petty sessional divisions and Coroner’s districts
5
The areas transferred to the county of Warwickshire by article 3 of this Order shall form part of the Rugby petty sessional division and the Warwickshire Coroner’s district, and the areas transferred to the county of Northamptonshire by article 4 of this Order shall form part of the Daventry petty sessional division and the Northamptonshire Coroner’s district.
Town and County Planning
6
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ), or a local plan adopted by a county or district council which apply immediately before 1st April 1988 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
22nd February 1988


text:
Title and commencement
1
This Order may be cited as the Rivers Tweed and Eye Protection (Renewal) Order 1988 and shall come into force on 8th November 1988.
Interpretation
2
In this Order —
“the 1980 Order ” means the Rivers Tweed and Eye Protection Order 1980( );
“the 1986 Order ” means the Rivers Tweed and Eye Protection (Renewal) Order 1986( ).
3
The 1986 Order is hereby renewed.
Prohibition
4
During the period from 8th November 1988 to 6th October 1991, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1980 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
T J Kelly
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
1st November 1988