text:
Citation and commencement
1
This Order may be cited as the Motor Vehicles (International Circulation) (Amendment) Order 1989 and shall come into force for all purposes except the purposes of articles 5 and 6 on the day after the day on which it is made, for all purposes of article 5 on the 1st September 1989 and for all purposes of article 6 on the date on which the Convention on Road Traffic concluded at Vienna in 1968 is first in force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.
Interpretation, revocation and variation
2
1
In this Order “the principal Order ” means the Motor Vehicles (International Circulation) Order 1975 as amended by the Motor Vehicles (International Circulation) (Amendment) Order 1980 and the Motor Vehicles (International Circulation) (Amendment) Order 1985 .
2
Articles 5, 6, 7 and 8 and paragraphs (2), (3) and (4) of article 10 of the Motor Vehicles (International Circulation) (Amendment) Order 1980 and articles 3 and 4 of the Motor Vehicles (International Circulation) (Amendment) Order 1985 are hereby revoked.
3
In Schedule 3 to the principal Order.
a
in paragraph 1, after the words “Road Traffic Act 1972” there shall be inserted the words “`Convention driving permit' has the meaning assigned it by article 2(7) of this Order”;
b
in paragraph 3, for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
The Secretary of State on receiving a permit forwarded under the foregoing sub-paragraph, shall —
a
retain the permit until the disqualification ceases to have effect or until the holder leaves Great Britain, whichever is the earlier;
b
send the holder’s name and address, together with the particulars of the disqualification, to the authority by whom the permit was issued; and
c
if the permit is a Convention driving permit, record the particulars of the disqualification on the permit.
;
c
in paragraph 4, in sub-paragraph (1) the words from “and the Secretary of State shall transmit” to the end shall be omitted and the following sub-paragraph shall be substituted for sub-paragraph (2) —
2
The Secretary of State, on receiving particulars of a court order removing such a disqualification, shall —
a
in the case of a permit on which particulars of a disqualification were recorded in accordance with paragraph 3(2)(c) of this Schedule, enter on the permit particulars of the order removing the disqualification;
b
send the particulars of the order to the authority by whom the permit was issued; and
c
return the permit to the holder.
.
Documents for drivers of vehicles going abroad
3
In article 1 of the principal Order there shall be inserted at the end the following paragraphs: —
9
Sections 173 and 174 of the Road Traffic Act 1988 (forgery of documents, etc. , false statements and withholding material information) and Article 174 of the Road Traffic (Northern Ireland) Order 1981 (false statements in connection with forgery of, and fraudulent use of, documents, etc.) shall apply to a Convention driving permit as they apply to licences under that Act or under that Order.
10
Section 13 of the Road Traffic Offenders Act 1988 and Article 190 of the said Order of 1981 (admissibility of records as evidence) shall apply to records maintained by the Secretary of State in connection with his functions under this Article, or by a body or Northern Ireland department to which in accordance with paragraph (8) of this Article he has delegated the function in connection with which the records are maintained, as that section or that Article apply to records maintained in connection with functions under that Act or under that Order, and the powers conferred by section 13(5) of the said Act of 1988 and Article 190(4) of the said Order of 1981 to prescribe a description of matter which may be admitted as evidence under that section or under that Article shall have effect in relation to the application of that section and that Article by this Article.
.
Visitors' driving permits
4
For articles 2 and 3 of the principal Order there shall be substituted the following articles: —
Visitors' driving permits
2
1
Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds —
a
a Convention driving permit, or
b
a domestic driving permit issued in a country outside the the United Kingdom, or
c
a British Forces ( BFG ) driving licence, during a period of twelve months from the date of his last entry into the United Kingdom to drive, or, except in the case of a holder of a British Forces (BFG) driving licence, for any person to cause or permit such a person to drive, in Great Britain a motor vehicle of any class which he is authorised by that permit or that licence to drive, notwithstanding that he is not the holder of a driving licence under Part III of the Road Traffic Act 1988.
2
Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds —
a
a Convention driving permit, or
b
a domestic driving permit issued in a country outside the United Kingdom, during a period of twelve months from the date of his last entry into the United Kingdom to drive, or for any person to cause or permit such a person to drive, in Great Britain —
i
in the case of any such person who is resident in a Member State of the European Economic Community, any public service vehicle or heavy goods vehicle; and
ii
in the case of any other such person, a public service vehicle or heavy goods vehicle brought temporarily into Great Britain, which he is authorised by that permit to drive, notwithstanding that he is not the holder either of such a licence as is required by section 22 of the Public Passenger Vehicles Act 1981 , or of such a licence as is required by section Il 0 of the said Act of 1988.
3
Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds a British Forces (BFG) public service vehicle driving licence during a period of twelve months from the date of his last entry into the United Kingdom to drive, or for any person to cause or permit such a person to drive, in Great Britain —
a
in the case of any such person who is resident in a Member State of the European Economic Community, any public service vehicle, and
b
in the case of any other such person, a public service vehicle brought temporarily into Great Britain, which he is authorised by that licence to drive, notwithstanding that he is not the holder of such a licence as is required by section 22 of the Public Passenger Vehicles Act 1981.
4
Nothing in the preceding provisions of this Article shall authorise any person to drive, or any person to cause or permit any person to drive, a vehicle of any class at a time when he is disqualified by virtue of section 101 of the Road Traffic Act 1988 (persons under age), for holding or obtaining a driving licence authorising him to drive vehicles of that class, but in the case of any such person as is mentioned in paragraph (1),
2
or (3) of this Article, who is driving a vehicle which —
a
in the case of a person not resident in a Member State of the European Economic Community, is brought temporarily into Great Britain, and
b
is within the class specified in the first column of paragraph 6 of the Table in subsection (1) of that section, and
c
is either a vehicle registered in a Convention country or a goods vehicle in respect of which that person holds a certificate of competence which satisfies the international requirements, the second column of that paragraph, in its application for the purposes of this paragraph, shall have effect as if for “21” there were substituted “18”. In this paragraph the following expressions have the meanings respectively assigned to them: —
“the international requirements” means —
in relation to a person who is driving a goods vehicle on a journey to which Council Regulation ( EEC ) No.3820/85 of 20th December 1985, on the harmonisation of certain social legislation relating to road transport applies, the requirements of Article 5(1)(b) (minimum ages for goods vehicle drivers) of that Regulation;
in relation to a person who is driving a goods vehicle on a journey to which the European Agreement concerning the work of crews engaged in International Road Transport ( AETR ) signed at Geneva on 25th March 1971 applies, the requirements of Article 5(1)(b) (conditions to be fulfilled by drivers) of that Agreement;
“Convention country” means a country which is not a Member State of the European Economic Community nor a party to the aforementioned European Agreement but is a party to the Convention on Road Traffic concluded at Geneva in the year 1949 , or the International Convention relative to Motor Traffic concluded at Paris in the year 1926 .
5
This Article shall not authorise a person to drive a motor vehicle of any class if, in consequence of a conviction or of the order of a court, he is disqualified for holding or obtaining a driving licence under Part III of the Road Traffic Act 1988.
6
The Secretary of State may by order contained in a statutory instrument withdraw the right conferred by paragraph (1)(b), (1)(c), (2)(b) or (3) of this Article, or any two or more of those rights either in the case of all domestic driving permits, British Forces (BFG) driving licences or British Forces (BFG) public service vehicle driving licences or in the case of such permits or licences of a description specified in the order or held by persons of a description so specified.
7
In this Article —
“Convention driving permit” means a driving permit in the form A in Schedule 1 to this Order issued under the authority of a country outside the United Kingdom, whether or not that country is a party to the Convention on Road Traffic concluded at Geneva in the year 1949, or a driving permit in the form B in the said Schedule issued under the authority of a country outside the United Kingdom which is a party to the International Convention relative to Motor Traffic concluded at Paris in the year 1926 but not to the Convention of 1949;
“domestic driving permit” in relation to a country outside the United Kingdom means a document issued under the law of that country and authorising the holder to drive motor vehicles, or a specified class of motor vehicles, in that country, and includes a driving permit issued by the armed forces of any country Outside the United Kingdom for use in some other country outside the United Kingdom;
“British Forces (BFG) driving licence” means a driving licence issued in Germany to members of the British Forces or of the civilian component thereof or to the dependants of such members by the British authorities in that country in such a form and in accordance with such licensing System as may from time to time be approved by those authorities; and “British Forces (BFG) public Service vehicle driving licence” means any such driving licence authorising the driving of public service vehicles of any class;
“dependants” in relation to such a member of the British Forces or the civilian component thereof, means any of the following persons, namely —
the wife or husband of that member; and
any other person wholly or mainly maintained by him or in his custody, charge or care; and
“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981.
8
The provisions of this Article which authorise the holder of a permit or a licence to drive a vehicle during a specified period shall not be construed as authorising the driving of a vehicle at a time when the permit or the licence has ceased to be valid.
3
1
It shall be lawful —
a
for a member of a visiting force of a country to which Part I of the Visiting Forces Act 1952 for the time being applies who hOlds a driving permit issued under the law of any part of the sending country or issued by the Service authorities of the visiting force, or
b
for a member of a civilian component of such a visiting force who holds Such a driving permit, or
c
for a dependant of any Such member of a visiting force or of a civilian component thereof who holds such a driving permit, to drive, or for any person to cause or permit any such person to drive, in Great Britain a motor vehicle of any class which he is authorised by that permit to drive, notwithstanding that he is not the holder of a driving licence under Part III of the Road Traffic Act 1988.
2
This Article shall not authorise a person to drive a motor vehicle of any class if, in consequence of a conviction or of the order of a court, he is disqualified for holding or obtaining a driving licence under Part III of the Road Traffic Act 1988.
3
Nothing in this Article shall authorise any person to drive, or any person to cause or permit any other person to drive, a vehicle of any class at a time when he is disqualified by virtue of section 101 of the Road Traffic Act 1988 (persons under age), for holding or obtaining a driving licence authorising him to drive vehicles of that class.
4
The interpretative provisions of the Visiting Forces Act 1952 shall apply for the interpretation of this Article and “dependant”, in relation to a member of any such visiting force or a civilian component thereof, means any of the following persons namely —
a
the wife or husband of that member; and
b
any other person wholly or mainly maintained by him or in his custody, charge or care.
.
Fees for documents
5
In Schedule 2 to the principal Order for “£2.50” in each place where it occurs there shall be substituted “£3”.
Vienna Convention on Road Traffic 1968
6
1
In paragraph (4) of article 2 of the principal Order, as substituted by article 4 of this Order, in the definition of “Convention country” after the words “but is a party to” there shall be inserted the words “the Convention on Road Traffic concluded at Vienna in the year 1968 ”.
2
In paragraph (7) of article 2 of the principal Order, as so substituted, for the definition of “Convention driving permit” there shall be substituted the following definition: —
“Convention driving permit” means either —
a driving permit in the form A in Schedule 1 to this Order issued under the authority of a country outside the United Kingdom, whether or not that country is a party to the Convention on Road Traffic concluded at Geneva in the year 1949 but not so issued as aforesaid after the expiry of a period of five years from the date of the entry into force of the Convention on Road Traffic concluded at Vienna in the year 1968 in accordance with Article 47(1) thereof, if that country is a party to that Convention, or
a driving permit in the form B in that Schedule issued under the authority of a country outside the United Kingdom which is a party to the International Convention relative to Motor Traffic concluded at Paris in the year 1926, but not to the Convention of 1949 nor to the Convention of 1968, or (iii) a driving permit in the form C in that Schedule issued under the authority of a country outside the United Kingdom which is a party to the Convention of 1968;
.
3
At the end of paragraph (8) of article 2 of the principal Order as so substituted, there shall be added the following words “and, without prejudice to the provisions of paragraph (4) above, a Convention driving permit in the form C in Schedule 1 to this Order shall, if the validity of the permit is by special endorsement thereon made conditional upon the holder wearing certain devices or upon the vehicle being equipped in a certain manner to take account of his disability, not be valid at a time when any such condition is not satisfied”.
G. I. de Deney
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Offshore Installations (Emergency Pipe-line Valve) Regulations 1989 and shall come into force on 12th July 1989.
Interpretation
2
In these Regulations–
“associated installation” means, in relation to a riser or valve, the offshore installation served by it;
“controlled waters” means controlled waters within the meaning of section 1(4) of the 1971 Act;
“emergency shut-down system” means the system comprising mechanical, electrical, electronic, pneumatic, hydraulic or other arrangements by which the plant and equipment on an offshore installation are automatically shut down in the event of an emergency;
“emergency shut-down valve” means a valve fitted for the purposes of regulation 5 below;
“fixed installation” means an offshore installation which is not a floating installation;
“floating installation” means an offshore installation which is supported by its buoyancy in the water;
“installation manager” means the manager of an associated installation;
“manager” includes, where no manager of an associated installation is appointed pursuant to section 4 of the 1971 Act, any person made responsible by the owner for safety, health and welfare on the installation;
“offshore installation” means any offshore installation for the purposes of the 1971 Act which is maintained in controlled waters for the carrying on of any activity to which the 1971 Act applies other than an offshore installation which is–
entirely below sea-level at all states of the tide;
used exclusively for flaring; or
not normally manned and used exclusively for the loading of substances into vessels or for their reception and storage prior to such loading;
“owner”, in relation to a pipe-line in respect of which no person has been designated as its owner in pursuance of section 33(3) of the 1975 Act, means the person in whom the pipe-line is vested;
“pipe-line” means a pipe or system of pipes which is connected by means of a riser to an offshore installation and which is used for the purpose of conveying any substance which is flammable or toxic not being a pipe-line with a nominal internal diameter of less than 40 millimetres;
“quick-disconnect fittings” means fittings on a riser serving a floating installation which are designed to allow the flexible part of the riser to be disconnected quickly from the installation;
“riser” means that section of a pipe-line which connects an offshore installation to a section of the pipe-line which lies in, or in close proximity to, the sea-bed and extends outwards from the installation.
Application
3
These Regulations shall apply–
a
in respect of pipe-lines constructed in pursuance of a works authorisation granted for the purposes of section 20 of the 1975 Act after the coming into force of these Regulations, from the construction of the pipe-line; and
b
in respect of other pipe-lines, on and after 31st December 1990.
Prohibition on use of pipe-lines
4
No pipe-line shall be used unless it complies with the provisions of regulations 5, 6 and 8 below.
Incorporation of emergency shut-down valves
5
1
There shall be incorporated in every riser, and thereafter maintained in good working condition, a valve which shall be capable of blocking the flow of substances within the pipe-line at the point at which it is incorporated.
2
The valve shall be held open by an electrical, hydraulic or other signal to the mechanism for actuating the valve on the failure of which signal the valve shall automatically close.
3
The valve shall also be capable of being closed–
a
by a person positioned by it; and
b
automatically by the operation of the associated installation’s emergency shut-down system.
4
If the pipe-line of which the riser forms part is designed to allow for the passage of equipment for testing, inspecting or maintaining the pipe-line, the valve shall also be designed to allow for such passage.
5
The valve and its actuating mechanism shall so far as reasonably practicable be protected from damage arising from fire, explosion or impact.
Location of emergency shut-down valves
6
1
Every emergency shut-down valve shall be located in a position in which it can be safely and fully inspected, maintained and tested.
2
In the case of a riser which serves a fixed installation, the emergency shut-down valve shall, so far as this is consistent with paragraph (1) above, be located–
a
if part of the riser is located within a water-filled encasement, above the highest possible level of the water in the encasement;
b
if part of the riser is located within an air-filled encasement, in that part; and
c
in any other case, above the level on the riser of the highest wave crest which may reasonably be anticipated.
3
In the case of a riser which serves a floating installation, the emergency shut-down valve shall, so far as this is consistent with paragraph (1) above, be located–
a
if part of the riser is held under tension from the associated installation, as near as practicable to the flexible pipe which links that part with the part of the riser which is on the installation; and
b
in any other case, above both the level on the riser of the highest wave crest which may reasonably be anticipated and any quick-disconnect fittings.
4
Subject to paragraphs (1) to (3) above, every emergency shut-down valve shall be located so that the distance along the riser between the valve and the base of the riser is as short as reasonably practicable.
Operation and use of emergency shut-down valves
7
1
After an emergency shut-down valve has operated so as to block the flow of substances within the pipe-line–
a
the installation manager shall ensure that the manager of every other offshore installation to which the pipe-line is connected and the person for the time being entitled to operate the pipe-line are notified; and
b
the valve shall not be re-opened so as to permit the flow of such substances unless the reason for the operation of the valve has been established to the satisfaction of the installation manager and he has authorised the re-opening of the valve.
2
Before giving his authority for the purpose of paragraph (1)(b) above, the installation manager shall ensure that the manager of every other offshore installation to which the pipe-line in question is connected and the person for the time being entitled to operate the pipe-line have been consulted.
3
An emergency shut-down valve shall be used only to block the flow of substances through the pipe-line into which it is fitted and shall not be used to adjust that flow.
Inspection and testing
8
1
There shall be carried out in respect of every emergency shut-down valve–
a
at intervals not exceeding 3 months, an inspection of the valve and of the mechanism for actuating it for the purpose of identifying any external leak, external damage or external corrosion;
b
at intervals not exceeding 6 months, a testing which shall include the partial closing of the valve, and its re-opening, by a person positioned by it; and
c
not less than 2 months or more than 4 months after every testing for the purposes of sub-paragraph (b) above, a testing which shall include the full closing and re-opening of the valve by the activation of the associated installation’s emergency shut-down system.
2
The period within which the first inspection and testing for the purposes of sub-paragraphs (a) and (b) of paragraph (1) above is to be carried out in respect of an emergency shut-down valve shall commence with the date on which these Regulations first apply to the pipe-line in question.
3
A record of each inspection or testing carried out for the purposes of paragraph (1) above shall be made and this shall state in relation to the inspection or testing–
a
the identity of the emergency shut-down valve and the pipe-line;
b
the names of the owner of the pipe-line, the owner of the associated installation and the manager of that installation;
c
the date on which it was carried out;
d
the name, qualifications and employer (if any) of every person engaged in carrying it out;
e
particulars of the procedures and any equipment used to carry it out; and
f
any damage or defect revealed and the action taken or proposed to be taken to remedy it.
4
Every record made in accordance with paragraph (3) above shall be preserved together with any document produced in the course of the inspection or testing in question and a copy of the record and documents shall be kept–
a
for a period of 2 years from the inspection or testing, on the associated installation; and
b
for a period of 5 years from the inspection or testing, at a principal place of business in the United Kingdom of the owner of the pipe-line in question.
5
For the purposes of paragraph (4) above“document” has the same meaning as in Part I of the Civil Evidence Act 1968 .
Duties of persons
9
1
It shall be the duty of the owner of an associated installation and the installation manager to afford, or cause to be afforded, to the owner of the pipe-line in question and the person for the time being entitled to operate it such facilities and assistance as they may reasonably require for the purpose of securing that regulations 4 to 6, 7(3) and 8 above are complied with.
2
It shall be the duty of–
a
the owner of the pipe-line to ensure that regulation 4 above is complied with;
b
the owner of the pipe-line, the owner of the associated installation and the concession owner to ensure that regulations 5, 6 and 7(3) above are complied with;
c
the installation manager to ensure that regulation 7(1) and (2) above is complied with; and
d
the owner of the pipe-line, the owner of the associated installation, the concession owner and the installation manager to ensure that regulation 8 above is complied with.
3
It shall be the duty of every person while on or near an associated installation–
a
not to contravene the provisions of regulation 7(1)(b) above; and
b
to co-operate with any other person on whom a duty is imposed by these Regulations so far as is necessary to enable that duty to be performed.
Amendment of the Submarine Pipe-lines Safety Regulations 1982
10
Regulation 6 of the Submarine Pipe-lines Safety Regulations 1982 shall be amended by the addition at the end of paragraph (2)(a) of the words–
or, if different, any emergency shut-down valve incorporated in the pipe-line for the purposes of regulation 5 of the Offshore Installations (Emergency Pipe-line Valve) Regulations 1989.
.
Civil liability
11
The provisions of section 11 of the 1971 Act (which makes provision for civil liability for breach of statutory duty) shall apply to the duties imposed on any person by these Regulations.
Offences
12
1
In the event of a contravention of regulation 9 above, the person contravening the regulation shall be guilty of an offence.
2
In any proceedings for an offence under this regulation it shall be a defence for the person charged to prove:–
a
that he exercised all due diligence to prevent the commission of the offence; and
b
that the relevant contravention was committed without his consent, connivance or wilful default.
Cecil Parkinson
Secretary of State for Energy
20th June 1989


text:
Citation and commencement
1
1
These Regulations may be cited as the Medicines (Data Sheet and Labelling) Amendment Regulations 1989.
2
Except as provided in regulation 4, these Regulations shall come into force on 1st of August 1989.
Amendment of the Medicines (Data Sheet) Regulations 1972
2
The Medicines (Data Sheet) Regulations 1972 shall be amended by –
a
in paragraph (10) in column 2 of Schedule 2 to those Regulations (product licence numbers, names and addresses);
i
omitting all the words from “or (d) the name” to the words “Order 1971 are applicable”; and
ii
substituting for the words “either (a), (b), (c) or (d)”, the words “either (a), (b) or (c)”;
b
in paragraph (10) in column 2 of Schedule 3 to those Regulations (product licence numbers, names and addresses);
i
omitting all the words from “or (d) the name” to the words “Order 1971 are applicable”; and
ii
substituting for the words “either (a), (b), (c) or (d)”, the words “either (a), (b) or (c)”.
Amendment of the Medicines (Labelling) Regulations 1976
3
The Medicines (Labelling) Regulations 1976 shall be amended by, in Schedule 1 to those Regulations (standard particulars required in the labelling of containers and packages), omitting: —
a
in paragraph 8(b) the final “, or”;
b
paragraph 8(c) (name and address of specified person);
c
in paragraph 9 (product licence number) all the words from “or, where the licensing authority” to the words “or the number of the relevant direction”; and
d
in paragraph 12 (particulars specified by Licensing Authority) all the words from “or by a direction given” to the end of that paragraph.
Deferred commencement where directions currently in force
4
For the purposes of any case where a direction issued pursuant to article 3 of the Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971 is in force on the 31st July 1989 the amendments made by regulations 2 or 3 shall come into force on 1st February 1990.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State,
Department of Health
6th July 1989
P. Walker
Secretary of State for Wales
6th July 1989
M. B. Forsyth
Parliamentary Under Secretary of State, Scottish Office
5th July 1989
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 7th day of July 1989.
F. A. Elliot
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 7th day of July 1989.
W. J. Hodges
Permanent Secretary


text:
PART I
GENERAL
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the European Economic Interest Grouping Regulations 1989 and shall come into force on 1st July 1989.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Companies Act 1985 ;
“the contract” means the contract for the formation of an EEIG ;
“the EC Regulation ” means Council Regulation ( EEC ) No. 2137/85 set out in Schedule 1 to these Regulations;
“EEIG” means a European Economic Interest Grouping being a grouping formed in pursuance of article 1 of the EC Regulation;
“officer”, in relation to an EEIG, includes a manager, or any other person provided for in the contract as an organ of the EEIG; and
“the registrar” has the meaning given by regulations 9(1) and 12(1) below;
and other expressions used in these Regulations and defined by section 744 of the 1985 Act or in relation to insolvency and winding up by the Insolvency Act 1986 have the meanings assigned to them by those provisions as if any reference to a company in any such definition were a reference to an EEIG.
2
A Form referred to in these Regulations by “EEIG” followed by a number means the Form so numbered in Schedule 2 to these Regulations.
3
In these Regulations, “certified translation” means a translation certified to be a correct translation —
a
if the translation was made in the United Kingdom, by
i
a notary public in any part of the United Kingdom;
ii
a solicitor (if the translation was made in Scotland), a solicitor of the Supreme Court of Judicature of England and Wales (if it was made in England or Wales), or a solicitor of the Supreme Court of Judicature of Northern Ireland (if it was made in Northern Ireland); or
iii
a person certified by a person mentioned above to be known to him to be competent to translate the document into English; or
b
if the translation was made outside the United Kingdom, by —
i
a notary public;
ii
a person authorised in the place where the translation was made to administer an oath;
iii
any of the British officials mentioned in section 6 of the Commissioners for Oaths Act 1889 ;
iv
a person certified by a person mentioned in sub-paragraph (i), (ii) or (iii) of this paragraph to be known to him to be competent to translate the document into English.
PART II
PROVISIONS RELATING TO ARTICLES 1–38OF THE EC REGULATION
Legal personality (Article 1(3) of the EC Regulation)
3
From the date of registration of an EEIG in Great Britain mentioned in a certificate given under regulation 9(5) below the EEIG shall, subject to regulation 11 below, be a body corporate by the name contained in the contract.
Transfer of official address (Article 14 of the EC Regulation)
4
1
Notice of any proposal to transfer the official address of an EEIG registered in Great Britain to any other place shall, where such transfer would result in a change in the law applicable to the contract under article 2 of the EC Regulation, be filed at the registry where the EEIG was registered by delivery of a notice in Form EEIG 4 in pursuance of regulation 13(1) below.
2
Where the registrar, being the competent authority within the meaning of article 14(4) of the EC Regulation, receives a notice under paragraph (1) above within the period of two months beginning with its publication in the Gazette under regulation 15(1) below and opposes that transfer on the grounds of public interest, that transfer shall not take effect.
Managers (Article 19(2) of the EC Regulation)
5
1
A manager of an EEIG registered in Great Britain may be a legal person other than a natural person, on condition that it designates one or more natural persons to represent it and notice of particulars of each such person is sent to the registrar in Form EEIG 3 as though he were a manager.
2
Any natural person designated under paragraph (1) above shall be subject to the same liabilities as if he himself were a manager.
3
There shall be delivered to the registrar in accordance with the provisions of regulation 13(1) below notice of appointment of any manager and the following particulars with respect to each manager —
a
i
his present Christian name and surname;
ii
any former Christian name or surname;
iii
his usual residential address;
iv
his nationality;
v
his business occupation (if any); and
vi
the date of his birth; and
b
in the case of a legal person other than a natural person, its name and registered or principal office.
4
Section 289(2) of the 1985 Act applies as regards the meaning of “Christian name”, “surname” and “former Christian name or surname”.
Cessation of membership (Article 28(1) of the EC Regulation)
6
For the purposes of national law on liquidation, winding up, insolvency or cessation of payments, a member of an EEIG registered under these Regulations shall cease to be a member if —
a
in the case of an individual —
i
a bankruptcy order has been made against him in England and Wales; or
ii
sequestration of his estate has been awarded by the court in Scotland under the Bankruptcy (Scotland) Act 1985 ;
b
in the case of a partnership —
i
a winding up order has been made against the partnership in England and Wales;
ii
a bankruptcy order has been made against its members in England and Wales on a bankruptcy petition presented under article 13(1) of the Insolvent Partnerships Order 1986 ; or
iii
sequestration of the estate of the partnership has been awarded by the court in Scotland under the Bankruptcy (Scotland) Act 1985;
c
in the case of a company, the company goes into liquidation in Great Britain; or
d
in the case of any legal person or partnership, it is otherwise wound up or otherwise ceases to exist after the conclusion of winding up or insolvency.
Competent authority (Articles 32(1) and (3) and 38 of the EC Regulation)
7
1
The Secretary of State shall be the competent authority for the purposes of making an application to the court under article 32(1) of the EC Regulation (winding up of EEIG in certain circumstances).
2
The court may, on an application by the Secretary of State, order the winding up of an EEIG which has its official address in Great Britain, if the EEIG acts contrary to the public interest and it is expedient in the public interest that the EEIG should be wound up and the court is of the opinion that it is just and equitable for it to be so.
3
The court, on an application by the Secretary of State, shall be the competent authority for the purposes of prohibiting under article 38 of the EC Regulation any activity carried on in Great Britain by an EEIG where such an activity is in contravention of the public interest there.
Winding up and conclusion of liquidation (Articles 35 and 36 of the EC Regulation)
8
1
Where an EEIG is wound up as an unregistered company under Part V of the Insolvency Act 1986, the provisions of Part V shall apply in relation to the EEIG as if any reference in that Act and the 1985 Act to a director or past director of a company included a reference to a manager of the EEIG and any other person who has or has had control or management of the EEIG’s business and with the modification that in section 221(1) after the words “all the provisions” there shall be added the words “of Council Regulation (EEC) No. 2137/85 and”.
2
At the end of the period of three months beginning with the day of receipt by the registrar of a notice of the conclusion of the liquidation of an EEIG, the EEIG shall be dissolved.
PART III
REGISTRATION ETC (ARTICLE 39 OF THE EC REGULATION)
Registration of EEIG whose official address is in Great Britain
9
1
The registrar for the purposes of registration of an EEIG in Great Britain where its official address is in Great Britain shall be the registrar within the meaning of the 1985 Act and the contract shall be delivered —
a
to the registrar or other officer performing under that Act the duty of registration of companies in England and Wales, if the contract states that the official address of the EEIG is to be situated in England and Wales, or that it is to be situated in Wales; and
b
to the registrar or other officer performing under that Act the duty of registration of companies in Scotland, if the contract states that the official address of the EEIG is to be situated in Scotland.
2
With the contract there shall be delivered a registration form in Form EEIG 1 containing a statement of the names and the particulars set out in article 5 of the EC Regulation.
3
The registrar shall not register an EEIG under this regulation unless he is satisfied that all the requirements of these Regulations and of the EC Regulation in respect of registration and of matters precedent and incidental to it have been complied with but he may accept a declaration in Form EEIG 1 as sufficient evidence of compliance.
4
Subject to paragraph (3) above, the registrar shall retain the contract, and any certified translation, delivered to him under this regulation and register the EEIG.
5
On the registration of an EEIG the registrar shall give a certificate that the EEIG has been registered stating the date of registration.
6
The certificate may be signed by the registrar, or authenticated by his official seal.
7
A certificate of registration given in respect of an EEIG under this regulation is conclusive evidence that the requirements of these Regulations and of the EC Regulation in respect of registration and of matters precedent and incidental to it have been complied with, and that the EEIG is an organisation authorised to be registered, and is duly registered, under these Regulations.
8
Where an EEIG is to be registered with the contract written in any language other than English, the contract to be delivered under paragraph (1) above may be in the other language provided that it is accompanied by a certified translation into English.
9
Where an EEIG has published a proposal to transfer its offical address to a place in Great Britain under article 14(1) of the EC Regulation, the registrar responsible for the registration of the EEIG with the new official address shall, where the transfer of the official address has not been opposed under paragraph (4) of that article, register the EEIG with its new official address on receipt of a registration form in Form EEIG 1 containing —
a
evidence of the publication of the transfer proposal; and
b
a statement that no competent authority has opposed the transfer under article 14(4) of the EC Regulation.
10
Any communication or notice may be addressed to an EEIG where its official address is in Great Britain at its official address stated on Form EEIG 1 or in the case of any change in the situation of that address at any new official address stated on Form EEIG 4.
Prohibition on registration of certain names
10
1
An EEIG shall not be registered in Great Britain under regulation 9 above by a name which includes any of the following words or expressions, or abbreviations thereof, that is to say, “limited”, “unlimited” or “public limited company” or their Welsh equivalents.
2
In determining for the purposes of section 26(1)(c) of the 1985 Act (as applied by regulation 18 of, and Schedule 4 to, these Regulations) whether one name is the same as another, there are to be disregarded the words “European Economic Interest Grouping” or the initials “EEIG” or their authorised equivalents in official languages of the Economic Community, other than English, the authorised equivalents being set out in Schedule 3 to these Regulations.
Change of name
11
1
Regulation 10(2) above applies in determining under section 28(2) of the 1985 Act as applied by regulation 18 of, and Schedule 4 to, these Regulations whether a name is the same as or too like another.
2
Where an EEIG changes its name the registrar shall (subject to the provisions of section 26 of the 1985 Act which apply by virtue of regulation 18 of, and Schedule 4 to, these Regulations and regulation 10 above) enter the new name on the register in place of the former name, and shall issue a certificate of registration altered to meet the circumstances of the case.
3
A change of name has effect from the date on which the altered certificate is issued.
Registration of establishment of EEIG whose official address is outside the United Kingdom
12
1
The registrar for the purposes of registration under this regulation of an EEIG establishment situated in Great Britain where the EEIG’s official address is outside the United Kingdom shall be the registrar within the meaning of the 1985 Act.
2
For the purposes of registration under paragraph (1) above there shall be delivered, within one month of the establishment becoming so situated at any place in Great Britain, to the registrar at the registration office in England and Wales or Scotland, according to where the establishment is situated, a certified copy of the contract together with —
a
a certified translation into English of the contract and other documents and particulars to be filed with it under article 10 of the EC Regulation if the contract and other documents and particulars, or any part thereof, are not in English; and
b
a registration form in Form EEIG 2 containing a statement of the names and particulars set out in articles 5 and 10 of the EC Regulation.
3
Paragraph (2) above shall not apply where an establishment is already registered in Great Britain under paragraph (1) above.
4
The registrar shall not register an EEIG establishment under this regulation unless he is satisfied that all the requirements of these Regulations and of the EC Regulation in respect of registration and of matters precedent and incidental to it have been complied with but he may accept a declaration in Form EEIG 2 as sufficient evidence of compliance.
5
Subject to paragraph (4) above, the registrar shall retain the copy of the contract, and any certified translation, delivered to him under paragraph (2) above and register the EEIG establishment.
6
Any communication or notice may be addressed to an EEIG where its official address is outside the United Kingdom at any of its establishments in Great Britain.
7
Regulation 10 above shall apply to an EEIG establishment to be registered under this regulation as it applies to an EEIG to be registered under regulation 9.
8
If an EEIG fails to comply with any provision of paragraph (2) above, the EEIG, and any officer of it who intentionally authorises or permits the default, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure to comply with any such provision continues after conviction, the EEIG and any such officer shall be guilty of a further offence of failure to comply with that provision and shall be liable to be proceeded against and punished accordingly.
Filing of documents
13
1
The documents and particulars referred to in paragraphs (a) to (j) of article 7 of the EC Regulation and required to be filed under that article in Great Britain shall be filed within 15 days (or, in the case of an EEIG whose official address is outside the United Kingdom, 30 days) of the event to which the document in question relates by delivery to the registrar for registration of a notice, together with a certified translation into English of any documents and particulars, or any part thereof, which are not in English —
a
in the case of paragraph (d) where the official address of the EEIG is in Great Britain, in Form EEIG 3 of the names of the managers and the particulars referred to in regulation 5(3) above, of particulars of whether they may act alone or must act jointly and of the termination of any manager’s appointment;
b
in the case of paragraphs (a), (c) and (e) to (j), and in the case of paragraph (d) where the official address of the EEIG is outside the United Kingdom, in Form EEIG 4 of the documents and particulars referred to in that Form; and
c
in the case of paragraph (b), in Form EEIG 5 of the setting up or closure of an establishment of an EEIG in Great Britain, except where regulation 12(1) above applies.
2
The registrar shall retain the documents and particulars and any certified translation delivered to him under this regulation.
3
If an EEIG fails to comply with any provision of paragraph (1) above, the EEIG, and any officer of it who intentionally authorises or permits the default, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and if the failure to comply with any such provision continues after conviction, the EEIG and any such officer shall be guilty of a further offence of failure to comply with that provision and shall be liable to be proceeded against and punished accordingly.
Inspection of documents
14
Any person may —
a
inspect any document or particulars kept by the registrar under these Regulations or a copy thereof; and
b
require the registrar to deliver or send by post to him a copy or extract of any such document or particulars or any part thereof.
Publication of documents in the Gazette and Official Journal of the Communities
15
1
The registrar shall cause to be published in the Gazette —
a
the documents and particulars issued or received by him under these Regulations and referred to in article 8(a) and (b) of the EC Regulation; and
b
in the case of those documents and particulars referred to in article 7(b) to (j) of the EC Regulation a notice (stating in the notice the name of the EEIG, the description of the documents or particulars and the date of receipt).
2
The registrar shall forward to the Office for Official Publications of the European Communities the information referred to in article 11 of the EC Regulation within one month of the publication of the relevant documents and particulars in the Gazette under paragraph (1) above.
EEIG identification
16
1
If an EEIG fails to comply with article 25 of the EC Regulation it is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If an officer of an EEIG or a person on its behalf issues or authorises the issue of any letter, order form or similar document not complying with the requirements of article 25 of the EC Regulation, he is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART IV
SUPPLEMENTAL PROVISIONS
Application of the Business Names Act 1985
17
The Business Names Act 1985 shall apply in relation to an EEIG which carries on business in Great Britain as if the EEIG were a company formed and registered under the 1985 Act.
Application of the Companies Act 1985
18
The provisions of the 1985 Act specified in Schedule 4 to these Regulations shall apply to EEIGs, and their establishments, registered or in the process of being registered under these Regulations, as if they were companies formed and registered or in the process of being registered under the 1985 Act and as if in those provisions any reference to the Companies Act included a reference to these Regulations and any reference to a registered office included a reference to an official address, but subject to any limitations mentioned in relation to those provisions in that Schedule and to the omission of any reference to a daily default fine.
Application of Insolvency Act 1986
19
1
Part III of the Insolvency Act 1986 shall apply to EEIGs, and their establishments, registered under these Regulations, as if they were companies registered under the 1985 Act.
2
Section 120 of the Insolvency Act 1986 shall apply to an EEIG, and its establishments, registered under these Regulations in Scotland, as if it were a company registered in Scotland the paid-up or credited as paid-up share capital of which did not exceed £120,000 and as if in that section any reference to the Company’s registered office were a reference to the official address of the EEIG.
Application of the Company Directors Disqualification Act 1986
20
Where an EEIG is wound up as an unregistered company under Part V of the Insolvency Act 1986, the provisions of sections 1, 2, 4 to 11, 12(2), 15 to 17, 20 and 22 of, and Schedule 1 to, the Company Directors Disqualification Act 1986 shall apply in relation to the EEIG as if any reference to a director or past director of a company included a reference to a manager of the EEIG and any other person who has or has had control or management of the EEIG’s business and the EEIG were a company as defined by section 22(2)(b) of that Act.
Penalties
21
Nothing in these Regulations shall create any new criminal offence punishable to a greater extent than is permitted under paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
10th April 1989


text:
1
This Order may be cited as the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) (Amendment) Order 1989 and shall come into force on 10th November 1989.
2
The Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1987 shall be amended as follows:–
a
in article 2, for “700,000 francs” there shall be substituted “46,666 units of account”; and for “1,525,000 francs” there shall be substituted “100,000 units of account”;
b
article 3 shall be omitted.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
9th October 1989


text:
1
These Regulations may be cited as the Value Added Tax (Bad Debt Relief) (Amendment) Regulations 1989 and shall come into force on 1st January 1990.
2
The Value Added Tax (Bad Debt Relief) Regulations 1986 shall be amended in accordance with the following provisions.
3
In regulation 4(1) for the words “Overdeclarations of VAT made on previous returns” there shall be substituted the words “VAT reclaimed in this period on purchases and other inputs”.
4
In regulation 10 paragraphs (1) and (2) for the words “Underdeclarations of VAT made on previous returns” there shall be substituted the words “VAT due in this period on sales and other outputs”.
Diana Seammen
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th December 1989


text:
Citation and commencement
1
This Order may be cited as the Recovery of Tax in Summary Proceedings (Financial Limits) Order 1989 and shall come into force on 11th September 1989.
Increase of sums specified in section 65(1) of the Taxes Management Act 1970
2
In section 65(1) of the Taxes Management Act 1970 for “£250” in each place where it occurs there shall be substituted “£500”.
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1989


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 3) Amendment No. 3 Order 1989 and shall come into force on 28th November 1989.
Amendment of the principal Order
2
The principal Order shall be further amended–
a
by omitting from Part I of the Schedule thereto (the designated area) the areas described in Schedule 1 to this Order;
b
by inserting in Part I of the Schedule thereto at the end the further areas described in Schedule 2 to this Order;
c
by inserting in Part II of the Schedule thereto at the end the further areas described in Schedule 3 to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th November 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1989 and shall come into force in accordance with article 2.
2
In this Order–
“the Document” means the document published by Her Majesty’s Stationery Office entitled “English in the National Curriculum” ;
references to the first key stage are references to the period set out in paragraph (a) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment are references to the levels set out in the Document in relation to each attainment target.
2
This Order shall come into force–
a
on 1st August 1989 in respect of pupils in the first year of the first key stage who have attained or will attain the age of five years on or before the first day of the school term beginning on or next after that date and who do not have a statement of special educational needs; and
b
on 1st August 1990 in respect of all other pupils in that key stage.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in articles 4 to 6 hereof for the purpose of specifying in relation to English–
a
attainment targets; and
b
programmes of study.
4
1
The attainment targets described in the Document and set out in paragraph (2) below are specified in relation to the first key stage, the levels of attainment applicable being those appropriate to the different abilities and maturities of the pupils being taught.
2
The attainment targets referred to in paragraph (1) above are attainment targets 1–5 at levels of attainment 1–3.
5
The programmes of study described in the Document (which relate to the attainment targets referred to in article 4 above) are specified in relation to the first key stage.
6
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by this Order.
Kenneth Baker
Secretary of State for Education and Science
31st May 1989
Peter Walker
Secretary of State for Wales
30th May 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Severn-Trent Water Authority (Nether Padley) Mains Order 1989 and shall come into force on the 31st August 1989.
2
This Order shall be included among the enactments which may be cited together as the Severn-Trent Water Authority Acts and Orders 1974 to 1989.
3
In this Order –
“the Authority” means the Severn-Trent 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 Severn-Trent Water Authority (Nether Padley) Mains Order 1989”, one duplicate of which is deposited and available for inspection at the principal office of the Authority and the other at the offices of the Secretary of State for the Environment;
“the Nether Padley Mains” means the water mains described in the Schedule to this Order;
“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 acquire, continue and maintain waterworks
2
1
The Authority may acquire by agreement the Nether Padley Mains, together with all easements and rights which may relate thereto, and may thereafter continue and maintain such mains.
2
The Nether Padley Mains when acquired by the Authority in pursuance of this Order shall for all purposes form part of the undertaking, and shall be deemed to have been laid by the Authority.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
30th August 1989


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) (No. 2) Order 1989 and shall come into force on 1st December 1989.
2
Subject to article 3 of this Order, the town council of Barnstaple may bear and use the armorial bearings which were immediately before 1st April 1974 borne and used by Barnstaple 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:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations, the “ principal Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) –
a
after the definition of “the 1984 Act ” there is inserted the following definition:–
“capital limit” means the amount prescribed for the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support;
;
b
after the definition of “Committee” there is inserted the following definition:–
“complex appliance” means an optical appliance at least one lens of which –
i
has a power in any one meridian of plus or minus 10 or more dioptres, or
ii
is a lenticular lens;
;
c
after the definition of “doctor” there are inserted the following definitions:–
“eligible person” means a person who, in accordance with regulation 13, may have his sight tested under general ophthalmic services;
“family credit” means family credit under Part II of the Social Security Act 1986;
“general ophthalmic services” means the services which a contractor must provide pursuant to paragraph 10 of the terms of service;
“income support” means income support under Part II of the Social Security Act 1986 and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987 ;
;
d
after the definition of “locality” there is inserted the following definition:–
“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;
;
e
after the definition of “qualifications” there is inserted the following definition:–
“the Remission Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 and a reference to those Regulations is to be construed as a reference to them as they have effect on the making of the National Health Service (General Ophthalmic Services) Amendment Regulations 1989 and as amended subsequently;
;
f
the definition of “sight test” is omitted.
Amendment of regulation 12 of the principal Regulations
3
In regulation 12 of the principal Regulations (payment for services) after paragraph (l) there is inserted –
1A
Where in accordance with regulation 13B(4) a Committee has paid to a patient in respect of a testing of sight an amount which exceeds the fee payable to the contractor, in accordance with the Statement, for that testing, it shall deduct the excess from remuneration otherwise payable to the contractor.
Substitution of regulation 13 of the principal Regulations
4
or regulation 13 (sight tests) of the principal Regulations there are substituted the following regulations –
Sight Tests – eligibility
13
1
A person may have his sight tested under general ophthalmic services if, at the time of the testing of sight, he is any of the following –
a
a person who is under the age of 16 years;
b
a person who is under the age of 19 years and receiving qualifying full-time education within the meaning of section 38(2) of the Act;
c
a person whose resources are treated in accordance with paragraph (2) as being less than, or equal to, his requirements;
d
a person who requires to wear a complex appliance;
e
a person who is registered blind or partially sighted under section 29 of the National Assistance Act 1948 ;
f
a person who has been diagnosed as suffering from diabetes or glaucoma;
g
a person who is aged 40 or over and is the parent, brother, sister or child of a person who has been diagnosed as suffering from glaucoma.
2
A person’s resources shall be treated as being less than or equal to his requirements if –
a
he is in receipt of income support;
b
he is a member of the same family as a person who is in receipt of income support;
c
he is in receipt of family credit;
d
he is a member of the same family as a person who is in receipt of family credit;
e
his income resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act are less than or equal to his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit; or
f
he is a member of the same family as a person described in paragraph (e) of this paragraph.
3
In paragraph (2)(b) and (f) “family” has the meaning assigned to it by section 20(11) of the Social Security Act 1986 as it applies to income support and in paragraph (2)(d) it has the meaning assigned to it by section 20(11) of that Act as it applies to family credit .
Sight tests – applications
13A
1
An eligible person who wishes to have his sight tested under general ophthalmic services may make an application to any contractor for his sight to be tested.
2
The application shall be made on a form provided for that purpose to contractors by the Committee and shall contain a written declaration signed by the applicant to the effect that he is an eligible person.
3
In addition, a person who is an eligible person –
a
but only by virtue of regulation 13(1)(c) and (2)(e) or (f) shall show to the contractor a current notice of entitlement;
b
but only by virtue of regulation 13(1)(d), shall show to the contractor the prescription for a complex appliance issued to him on the occasion when his sight was last tested;
c
but only by virtue of regulation 13(1)(f), shall on a form provided for that purpose to contractors by the Committee provide the contractor with the name and address of his doctor and give his consent to the Committee seeking confirmation of his diabetes or glaucoma from his doctor.
4
A contractor to whom an application for a testing of sight is made shall, before making any test of the person’s sight –
a
subject to paragraph (5), satisfy himself that the person is an eligible person and that the requirements of paragraph (2) and such of the requirements of paragraph (3) as are applicable are met;
b
ensure that particulars of the patient and the approximate date of the last testing, if any, of his sight are inserted in a sight test form by the patient or on his behalf; and
c
satisfy himself that the testing of sight is necessary.
5
Where an eligible person to whom paragraph (3)(b) applies is unable to meet its requirements, the contractor may, instead of satisfying himself that those requirements are met, satisfy himself that the person is an eligible person by referring to his own records or by measuring the power of the lenses of the person’s existing optical appliance by means of a focimeter or other suitable means.
Sight test treated as a test under general ophthalmic services
13B
1
A person whose sight is tested by a contractor but who was not an eligible person immediately before the testing and –
a
who is shown during the testing to fall within the description specified in sub-paragraph (d) of regulation 13(1); or
b
who is shown, in accordance with paragraph (3), within 3 months after the testing to fall within either of the descriptions specified in sub-paragraphs (e) or (f) of regulation 13(2),
shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested.
2
Where paragraph (1) applies the testing shall be treated as a testing of sight under the Act for the purposes of regulation 8(1)(a) of the National Health Service (Optical Charges and Payments) Regulations 1989 as well as for the purposes specified in section 38(6)(i) and (ii) of the Act.
3
For the purposes of paragraph (1)(b) a person is shown to fall within a description specified in sub-paragraph (e) or (f) of regulation 13(2) if he presents to the Committee a notice of entitlement which is effective for a period which includes the date of the testing of sight or for a period beginning no later than 14 days after the date of the testing of sight.
4
Where a testing of a person’s sight is treated by virtue of paragraphs (1)(b) and (3) as a testing of sight under the Act the Committee shall, on being presented with a receipt for, or other evidence of, any fee paid for the testing, and on being satisfied as to its amount, pay to that person an amount equal to that fee.
.
Amendment of terms of service
5
1
Schedule 1 to the principal Regulations (terms of service) is amended according to the following provisions of this regulation.
2
In paragraph 2, for sub-paragraph (c) there is substituted the following:–
c
regulation 9(2) to (6) of the National Health Service (Optical Charges and Payments) Regulations 1989 ;
.
3
In paragraph 5 (notices) for “the National Health Service (Payments for Optical Appliances) Regulations 1986” there is substituted “the National Health Service (Optical Charges and Payments) Regulations 1989”.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
8th March 1989


text:
1
These Regulations may be cited as the Financial Services (Schemes Authorised in Designated Countries or Territories) (Notification) Regulations 1989 and shall come into force on 1st October 1989.
2
The period prescribed for the purposes of section 87(3) of the Financial Services Act 1986 with respect to any notice given under that section on or after the date on which these Regulations come into force shall be the period of four months.
3
The Financial Services (Schemes Authorised in Designated Countries or Territories) (Notification) Regulations 1988 are revoked except insofar as they have effect for the purposes of notices given under section 87(3) of the Financial Services Act 1986 before the date on which these Regulations come into force.
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
31st August 1989


text:
1
These Regulations may be cited as the Customs Duties (Standard Exchange Relief and Outward Processing Relief ) (Revocation) Regulations 1989 and shall come into force on 1st March 1989.
2
The Customs Duties (Standard Exchange Relief) Regulations 1979 , the Outward Processing Relief Regulations 1979 and the Outward Processing Relief (Amendment) Regulations 1982 are hereby revoked.
Alan Clark
Minister for Trade
Department of Trade and Industry
19th January 1989
In Witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th January 1989.
Trumpington
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Bingo Duty (Exemptions) Order 1989 and shall come into force on 4th September 1989.
2
In paragraph 2(1) of Schedule 3 to the Act (exemption from bingo duty in respect of small-scale bingo) in sub-paragraphs (1)(a)(i) and (1)(b)(i) for “£400” there shall be substituted “£500”. In sub-paragraphs (1)(a)(ii) and (1)(b)(ii) for “£1,000” there shall be substituted “£1,500”.
3
In paragraph 5 of Schedule 3 to the Act (exemption from bingo duty in respect of bingo played as a small-scale amusement provided commercially) in sub-paragraph (2)(b) for “£15” there shall be substituted “£20”.
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
P. G. Wilmott
Commissioner of Customs and Excise
3rd August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 and shall come into force on 1st October 1989.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
Regulation 15 of the Social Security (Claims and Payments) Regulations 1987 (advance notice of retirement and claim for and award of benefit) shall be amended in accordance with paragraphs (2) and (3) below.
2
For paragraphs (5) and (6) of regulation 15 there shall be substituted the following paragraphs:–
5
Where a person claims a Category A or Category B retirement pension and is, or but for that claim would be, in receipt of sickness, invalidity or unemployment benefit for a period which includes the first day to which the claim relates, then if that day is not the appropriate day for the payment of retirement pension in his case, the claim shall be treated as if the first day of the claim was instead the next following such pay day.
6
Where the spouse of such a person as is mentioned in paragraph (5) above claims a Category A or Category B retirement pension and the first day of that claim is the same as the first day of the claim made by that person, the provisions of that paragraph shall apply also to the claim made by the spouse.
.
3
In paragraph (7) of regulation 15 for the words “does not intend to retire from regular employment”, there shall be substituted the words “intends to defer his entitlement to a Category A or Category B retirement pension”, and the words “other than the question of retirement” shall be omitted.
4
Where a person claims a Category A or Category B retirement pension as from a day falling before 1st October 1989 then, in his case–
a
paragraphs (2), (3) and (4) of regulation 15 of the Social Security (Claims and Payments) Regulations 1987 shall apply as though section 27(4) of the Social Security Act 1975 had not been repealed , and
b
paragraphs (5), (6) and (7) of that regulation shall apply as though the amendments to those paragraphs contained in this regulation had not been made.
Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1978
3
In regulation 5(4)(a) of the Social Security Benefit (Computation of Earnings) Regulations 1978 (calculation of earnings of certain retired pensioners and adult dependants of pensioners) after the words “his accounting period” there shall be inserted the words “but in a case to which section 30(1) of the Act applies, does not include any day falling after 30th September 1989”.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4
In regulations 2(1)(a), 10(2)(b)(ii) and 11(1)(a) of the Social Security Benefit (Dependency) Regulations 1977 for the words “retired from regular employment” there shall be substituted the words “entitled to a Category A or Category B retirement pension” and in regulation 2(1)(b) of those Regulations for the word “retired” there shall be substituted the word “entitled”.
Amendment of the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978
5
1
The Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 1 (which sets out sections 36 and 37 of the National Insurance Act 1965 as continued in force by the Regulations)–
a
section 36 shall be amended by substituting–
i
in subsection (1) the words “is entitled to a retirement pension” for the words “(except as mentioned in section 37(1) below) has retired from regular employment”;
ii
in subsection (4) the words “defers his entitlement to a Category A or Category B retirement pension” for the words “defers his retirement from regular employment”;
iii
in subsection (7) the words “has claimed” for the words “retired from regular employment”;
b
section 37 shall be amended–
i
by omitting from subsection (1) the words “but has not retired from regular employment” and from subsection (2) the words “retired from regular employment or otherwise”, and
ii
by substituting in subsection (2) the word “not” for the words “neither retired from regular employment nor otherwise”.
3
In Schedule 2 (which contains provisions to be applied in calculating the graduated retirement pension payable)–
a
in paragraph 1, the words “defers his entitlement to a Category A or Category B retirement pension” shall be substituted for the words “defers his retirement from regular employment” and the word “entitlement” shall be substituted for the word “retirement”;
b
in paragraph 2, the words “but has not retired from regular employment” shall be omitted;
c
in paragraph 3–
i
in sub-paragraph (1) the words “period of enhancement” shall be substituted for the words “period of deferment”;
ii
for head (b) in sub-paragraph (2) there shall be substituted the following head–
b
“period of enhancement” in relation to any person means the period which begins on the same day as the period of deferment and ends on the same day as that period ends or, if earlier, on the day before the fifth anniversary of the beginning of that period.
;
iii
in sub-paragraph (3) the words “had not deferred his entitlement to a Category A or Category B retirement pension” shall be substituted for the words “had retired on attaining pensionable age”.
iv
in paragraph 4, the words “period of enhancement” shall be substituted for the words “period of deferment”;
d
in paragraph 4, the words “period of enhancement” shall be substituted for the words “period of deferment” on each occasion on which those words occur, and
i
in sub-paragraph (1) the words “deferred his entitlement to a Category A or Category B retirement pension” shall be substituted for the words “deferred his retirement from regular employment”,
ii
in head (a) of that sub-paragraph, the words “after attaining pensionable age if he had not deferred his entitlement to a Category A or Category B retirement pension” shall be substituted for the words “after his retirement if he had retired on attaining pensionable age”, and
iii
in head (b) of that sub-paragraph the words “the same day the period of enhancement ends” shall be substituted for the words “the day before that of the person’s retirement.”.
Amendment of the Social Security (Benefit) (Married Women and Widows' Special Provisions) Regulations 1974
6
In regulation 3A(1) of the Social Security (Benefit) (Married Women and Widows' Special Provisions) Regulations 1974 the words “woman’s deceased husband’s entitlement to a Category A or Category B retirement pension was deferred” shall be substituted for the words “woman’s deceased husband had deferred retirement”.
Amendment of the Social Security (Maximum Additional Pension) Regulations 1978
7
Regulation 2(a) of the Social Security (Maximum Additional Pension) Regulations 1978 shall be amended by–
a
omitting the words “and retired”, and
b
substituting the words “had not deferred his entitlement to a Category A or Category B retirement pension” for the words “had retired”.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
8
1
The Social Security Benefit (Persons Abroad) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4(3) for sub-paragraph (a) there shall be substituted the following sub-paragraph–
a
the date on which the person whose pension falls to be so increased first became entitled to that pension; or
.
3
In regulation 5 (application of disqualification in respect of up-rating of benefit)–
a
in paragraph (3)–
i
in sub-paragraph (a) the words “was not entitled to a Category B retirement pension” shall be substituted for the words “had not retired”, and the words “was entitled to a Category A retirement pension” shall be substituted for the words “had retired”;
ii
in sub-paragraph (c), the words “retired or had otherwise” shall be omitted; and
iii
in sub-paragraph (d), the words “had become entitled to a Category A retirement pension or had” shall be substituted for the words “had retired or”;
b
in paragraph (5)(i) the words “was entitled to a Category A retirement pension” shall be substituted for the words “had retired from regular employment”;
c
in paragraph (6)(i) the words “was entitled to a Category A retirement pension” shall be substituted for the words “had retired from regular employment”; and
d
in paragraph (7) the words “was not entitled to a Category A retirement pension” shall be substituted for the words “had not retired”.
4
In regulation 6 (modification of right to defer entitlement to a Category A or Category B retirement pension) the words “(election to be treated as not having retired)” shall be omitted.
Amendment of the Social Security and Family Allowances (Polygamous Marriages) Regulations 1975
9
In regulation 3(1)(a) of the Social Security and Family Allowances (Polygamous Marriages) Regulations 1975 the words “and in respect of which neither of them has an entitlement to a Category A or Category B retirement pension which is deferred” shall be substituted for the words “and retired from regular employment”.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
10
In regulation 31(1)(c) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 the words “but not more than 5 years over pensionable age” shall be substituted for the words “pensionable age and has not retired from regular employment”.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
11
1
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2), for the entry relating to “period of deferment” there shall be substituted the following entry–
“period of enhancement” has the meaning assigned to it in paragraphs 2(2) and 5(1) of Schedule 1 to the Pensions Act, as amended by sub-paragraphs (3) and (9) respectively of paragraph 3 of Schedule 1 to the Social Security Act 1989
.
3
In regulation 2(1) (election to be treated as not entitled) the words in sub-paragraph (a) “retired from regular employment or has otherwise”, and the words “retired or” shall be omitted.
4
In regulation 3 (provisions applying after election)–
a
in paragraph (a), the words “becomes entitled to a Category A or Category B retirement pension” shall be substituted for the words “retires from regular employment”;
b
in paragraph (b), the words “in accordance with section 29(4) of the Act” shall be substituted for the words “otherwise than by virtue of having retired from regular employment”; and
c
in paragraph (c), the words “retires from regular employment and” shall be omitted.
5
In regulation 4 (days to be treated as days of increment)–
a
in paragraph (1), the words “period of enhancement” shall be substituted for the words “period of deferment”;
b
for sub-paragraph (a) of that paragraph, there shall be substituted the following sub-paragraph–
a
if that person had not deferred his entitlement to a Category A or Category B retirement pension, or, in the case of a married woman and her Category B retirement pension or section 10(2) increase, if both she and her husband had not deferred their entitlement to, respectively, a Category A and a Category B retirement pension, that person would have been entitled to such a pension (and would not have been disqualified for receiving it by reason of imprisonment or detention in legal custody); and
; and
c
in paragraph (2)(i) the words “period of enhancement” shall be substituted for the words “period of deferment” and in paragraph (2)(ii) the words “deferred entitlement” shall be substituted for the words “deferred retirement”.
6
In regulation 5 (which modifies Schedule 1 to the Social Security Pensions Act 1975 )–
a
in paragraphs (1) and (3), the words “period of enhancement” shall be substituted for the words “period of deferment” in each place where those words occur;
b
in paragraph (1), the words “if his entitlement to the pension had commenced on the day on which he attained pensionable age” shall be substituted for the words “if he had retired from regular employment on attaining pensionable age”;
c
in paragraph (3), the words “his entitlement arose” shall be substituted for the words “that of his retirement”; and
d
in paragraph (4) the words “if he had retired” shall be omitted.
7
In regulation 11 (Category C retirement pensions for widows of men over pensionable age on 5th July 1948), sub-paragraph (b) in both paragraph (1) and paragraph (3) shall be omitted.
8
In regulation 12 (Category C retirement pension for certain women whose marriage has been terminated otherwise than by death), in paragraph (1), sub-paragraph (b) shall be omitted and in paragraph (4), the words from “so however that” to the end of the paragraph shall be omitted.
Amendment of the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979
12
1
The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 12 (which relates to an increase of retirement pension where pensioner’s deceased spouse had deferred entitlement) the words “would at his death have been entitled if his entitlement had not been deferred” shall be substituted for the words “would have been entitled if he had retired on the date of his death”.
3
In regulation 17(1) (which provides entitlement to widow’s pension in place of widow’s basic pension under former legislation) the words “is entitled to a Category A or Category B retirement pension” shall be substituted for the words “retires or attains the age of 65”.
4
In regulation 18 (alternative benefit rights in place of contributory old age pension) paragraph (2) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th September 1989


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of Oxfordshire that the new motorway is open for through traffic.
2
In this Order:–
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the deposited plan” means the plan numbered HA 10/2 WMRO (L) IX marked “The A423 North of Oxford–South of Coventry Trunk Road (Kidlington to East Adderbury) De-Trunking Order 1989,” signed by authority of the Secretary of State and deposited at the Department of Transport Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road” means the North of Oxford–South of Coventry Trunk Road (A423);
iv
“the new motorway” means the motorway to be provided by the Secretary of State in pursuance of the M40 London–Oxford–Birmingham Motorway (Umberslade to Warwick Section) and Connecting Roads Scheme 1976 , and the M40 London–Oxford–Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No.1) Scheme 1984 , (No.2) Scheme 1985 and (Supplementary) Scheme 1985 .
3
This Order shall come into force on 18th December 1989 and may be cited as the A423 North of Oxford–South of Coventry Trunk Road (Kidlington to East Adderbury) De-Trunking Order 1989.
Signed by authority of the Secretary of State
D.R. Ritchie
Regional Director West Midlands Region
Department of Transport
1st December 1989


text:
Citation
1
This Order may be cited as the Health and Medicines Act 1988 (Commencement No.8) Order 1989.
Appointed day
2
31st October 1989 is the day appointed for the coming into force of the following provisions of the Health and Medicines Act 1988: —
a
in section 8 (retirement of practitioners) —
i
in paragraph (a) of subsection (1) the words “or section 19 of the National Health Service (Scotland) Act 1978” ;
ii
in subsection (2) the words “(a) or” in so far as they have effect for the purposes of any list maintained under section 19 of the National Health Service (Scotland) Act 1978( );
b
section 25(1) (consequential amendments) so far as it relates to paragraph 10 of Schedule 2, and to paragraph 9 of that Schedule to the extent that it has effect for the purposes of that paragraph.
Michael B Forsyth
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1989


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons)(Amendment) Regulations 1989 and shall come into force on 1st September 1989.
2
For sub-paragraphs (c) and (d) of regulation 4 of the Town and Country Planning (Determination of appeals by appointed persons)(Prescribed Classes) Regulations 1981 there shall be substituted —
c
appeals under section 97 of the Act (listed building enforcement notices) concerned with Grade I and II * listed buildings;
d
appeals under paragraph 8 of Schedule 11 to the Act (listed building consent) concerned with Grade I and II* listed buildings;
.
Savings
3
These Regulations do not apply to any appeal in respect of which notice of appeal was given before these Regulations come into force.
Nicholas Ridley
Secretary of State for the Environment
27th June 1989


text:
1
This Order may be cited as the Petty Sessional Divisions (Essex) Order 1989 and shall come into force on 1st January 1990.
2
The petty sessional division of Billericay shall cease to be so named and shall henceforth be known as the petty sessional division of Basildon.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
4th September 1989


text:
1
This Order may be cited as the Copyright (Educational Establishments) (No. 2) Order 1989 and shall come into force on 1st August 1989.
2
The descriptions of educational establishments mentioned in the Schedule to this Order are specified for the purposes of Part I of the Act.
3
The Copyright (Educational Establishments) Order 1989 is hereby revoked.
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
26th June 1989


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Gruinard Island) (Revocation) Regulations 1989 and shall come into force forthwith.
2
The Air Navigation (Restriction of Flying) (Gruinard Island) Regulations 1981 are hereby revoked.
Signed by authority of the Secretary of State
A. J. Goldman
An Under Secretary in the
Department of Transport
31st July 1989


text:
1
This Order may be cited as the Merchant Shipping Act 1988 (Isle of Man) Order 1989 and shall come into force on 18th May 1989.
2
The provisions of the Merchant Shipping Act 1988 specified in Part I of the Schedule to this Order shall extend to the Isle of Man with the modifications specified in Part II of that Schedule.
3
Notwithstanding the extension of paragraph 2(b) of Schedule 1 to the Merchant Shipping Act 1988 (which amends section 7 of the Merchant Shipping Act 1894 by the omission of subsection (2) thereof) the power of exemption given to the Secretary of State by that subsection shall continue to have effect in relation to any class of ship in respect of which it was exercised immediately before the date of that extension.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Severn-Trent Water Authority (Lee Brockhurst Boreholes) Order 1989 and shall come into force on the 21st February 1989.
2
This Order and the Severn-Trent Water Authority Orders 1974 to 1988 may be cited together as the Severn-Trent Water Authority Acts and Orders 1974 to 1989.
3
In this Order –
“the Authority” means the Severn-Trent 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 Severn-Trent Water Authority (Lee Brockhurst Boreholes) Order 1989”, one duplicate of which is deposited and available for inspection at the offices of the Authority 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, continue and maintain works
2
1
The Authority may –
a
continue and maintain on or under the land described in Schedule 1 to this Order the two existing boreholes;
b
construct, continue and maintain (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, improving or maintaining the supply of water obtainable by means of those boreholes.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
3
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
J.A.L. Gunn
An Under Secretary in the
Department of the Environment
20th February 1989