text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Excise Warehousing (Etc.) Regulations 1988 and shall come into force on 1st June 1988, but the Commissioners may give consent and agree conditions, restrictions or requirements under regulation 5 (variation of provisions at request of occupier or proprietor) before that date.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“duty” means excise duty;
“occupier” means the occupier of an excise warehouse, and in the case of a distiller’s warehouse means the distiller;
“package” includes any bundle, case, carton, cask, or other container whatsoever;
“proprietor” means the proprietor of goods in an excise warehouse or of goods which have been in, or are to be deposited in, or are treated as being in, an excise warehouse, and “proprietorship” shall be construed accordingly;
“warehoused” means warehoused or rewarehoused in an excise warehouse, and “warehousing” and “rewarehousing” shall be construed accordingly.
Application
3
1
Except as provided by or under the Hydrocarbon Oil Duties Act 1979 , Parts I to IV of these Regulations apply to all goods chargeable with a duty of excise.
2
Part V of these Regulations applies for all purposes of the Alcoholic Liquor Duties Act 1979.
Designated file
4
1
For the purposes of these Regulations delivery to the proper officer of anything in writing —
a
shall be effected by placing it in the relevant designated file; and
b
the time of such delivery shall be when it is placed in that designated file,
but the proper officer may direct that delivery shall be effected in another manner.
2
Nothing in a designated file shall be removed without the permission of the proper officer.
3
Nothing in a designated file shall be altered in any way, and an amendment to anything in it shall be made by depositing a notice of amendment in the designated file.
4
The designated file shall be kept at such place as the Commissioners direct and, if kept at the excise warehouse, shall be provided by the occupier.
5
The designated file shall be a receptacle approved by the Commissioners for the secure keeping of written material, and different files may be approved for different purposes.
6
For the purposes of these Regulations delivery to the proper officer of anything not in writing shall be effected in such manner, and be subject to such conditions, as the Commissioners direct.
Variation of provisions at request of occupier or proprietor
5
1
The Commissioners may, if they see fit, consent in writing to an application by an occupier or proprietor for variation of any condition, restriction or requirement contained in or arising under regulations 11 to 24 below, and may make that consent subject to compliance with such other condition, restriction or requirement (as the case may be) as may be agreed by them and the applicant in writing.
2
Where under paragraph (1) above any condition or restriction is varied or another is substituted for it, then, if the varied or substituted condition or restriction is one —
a
subject to which goods may be deposited in, secured in, kept in or removed from an excise warehouse or made available there to their owner for any prescribed purpose; or
b
subject to which an operation may be carried out on goods in an excise warehouse,
breach of the varied or substituted condition or restriction shall give rise to forfeiture of those goods, provided that breach of the original condition or restriction would have given rise to forfeiture.
Limitation of penalties
6
If any person contravenes or fails to comply with any of these Regulations or with any condition imposed under these Regulations and in consequence is liable to a penalty under section 15(7) of the Alcoholic Liquor Duties Act 1979 (breach of regulations relating to a distiller’s warehouse), and by reason of that contravention or failure is also liable to a penalty under section 93(6) of the Customs and Excise Management Act 1979 (breach of warehousing regulations) the amount of the penalty imposed under the said section 15(7) shall not exceed the penalty specified by the said section 93(6).
Manner of Commissioners' directions etc.
7
1
Where, by or under these Regulations, it is provided that the Commissioners may —
a
make a direction or requirement;
b
give their permission or consent;
c
grant approval; or
d
impose a condition or restriction,
then they may do so only in writing; and they may make a direction or requirement or impose a condition or restriction by means of a public notice.
2
Any request for the proper officer to give his permission or grant approval under these Regulations shall, if he or the Commissioners direct, be made in writing.
3
Any right granted to the Commissioners or the proper officer by these Regulations to —
a
make a direction or requirement;
b
give permission or consent;
c
grant approval; or
d
impose a condition or restriction,
shall include a right to revoke, vary or replace any such direction, requirement, permission, consent, approval, condition or restriction.
Form of entries etc.
8
1
Except as the Commissioners otherwise allow, and subject to paragraph (2) below, any entry, account, notice, specification, record or return required by or under these Regulations shall be in writing.
2
This regulation does not apply to the records referred to in regulation 22(3) and (4) below (records kept for the purposes of any relevant business or activity).
Revocation
9
The Excise Warehousing (Etc.) Regulations 1982 and the Excise Warehousing (Etc.) (Amendment) Regulations 1986 are hereby revoked.
PART II
PROCEDURES FOR EXCISE WAREHOUSES AND WAREHOUSED GOODS
Time of warehousing
10
Goods brought to an excise warehouse for warehousing shall be deemed to be warehoused when they are put in the excise warehouse.
Receipt of goods into warehouse
11
1
Subject to paragraph (6) below, when goods are warehoused the occupier shall immediately deliver to the proper officer an entry of the goods in such form and containing such particulars as the Commissioners direct.
2
When goods are warehoused the occupier shall take account of the goods and deliver a copy of that account to the proper officer by the start of business on the next day after warehousing that the warehouse is open.
3
The occupier shall, if there is any indication that the goods may have been subject to loss or tampering in the course of removal to the excise warehouse, immediately inform the proper officer and retain the goods intact for his examination.
4
Except as the proper officer may otherwise allow, the occupier shall, within 5 days of goods being warehoused, send a certificate of receipt for the goods to the person from whom they were received identifying the goods and stating the quantity which has been warehoused.
5
Except as the proper officer otherwise allows the occupier shall give only one receipt required by paragraph (4) above for each lot or parcel of goods warehoused.
6
In the case of spirits warehoused at the distillery where they were produced satisfaction of the requirements of regulation 21 of the Spirits Regulations 1982 shall be deemed to be compliance with the requirements of entry and account in paragraphs (1) and (2) above.
7
Should the occupier fail to comply with any condition or restriction imposed by or under paragraphs (1), (2), (3) or (6) above any goods in respect of which the failure occurred shall be liable to forfeiture.
Securing, marking and taking stock of warehoused goods
12
1
The occupier shall take all necessary steps to ensure that no access is had to warehoused goods other than as allowed by or under these Regulations.
2
Goods shall be warehoused in the packages and lots in which they were first entered for warehousing.
3
The occupier shall —
a
legibly and uniquely mark and keep marked warehoused goods so that at any time they can be identified in the stock records; and
b
stow warehoused goods so that safe and easy access may be had to each package or lot.
4
The occupier shall, when required by the proper officer to do so, promptly produce to him any warehoused goods which have not lawfully been removed from the warehouse.
5
The occupier shall take stock of all goods in the warehouse —
a
monthly in the case of bulk goods in vats or in storage tanks; and
b
annually in the case of all other goods,
and shall take stock at such other times and to such extent as the Commissioners may for reasonable cause require.
6
In accordance with the Commissioners' directions the occupier shall —
a
balance his stock accounts and reconcile the quantities of those balances with his Excise Warehouse Returns; and
b
balance his stock accounts so that they can be compared with the result of any stock-taking.
7
The occupier shall notify the proper officer immediately in writing of any deficiency, surplus or other discrepancy concerning stocks or records of stocks whenever or however discovered.
8
Any goods —
a
found not to be marked in accordance with paragraph (3) above; or
b
found to be in excess of the relevant stock account and not immediately notified to the proper officer,
shall be liable to forfeiture.
Proprietor’s examination of goods
13
The proprietor of warehoused goods may, provided that the occupier has first given his consent and has given at least 6 hours' notice to the proper officer —
a
examine the goods and their packaging;
b
take any steps necessary to prevent any loss therefrom; or
c
display them for sale.
Operations
14
1
Except as provided by or under this regulation or by or under sections 57 and 58 of the Alcoholic Liquor Duties Act 1979 (mixing of spirits with made-wine or wine), no operation shall be carried out on warehoused goods.
2
The Commissioners may allow the operations described in Schedule 1 to these Regulations to be carried out on warehoused goods, and may allow other operations if they are satisfied that the control of the goods and the security and collection of the revenue will not be prejudiced.
3
Save as the proper officer may allow in cases of emergency for the preservation of the goods, no operation shall be commenced unless the occupier has delivered to the proper officer a notice of the proposed operation with a specification of the goods involved, and 24 hours have elapsed following the delivery of that notice.
4
Before commencing any operation on goods the occupier shall ensure that an account is taken of those goods and that immediately after completion of the operation an account is taken of the out-turn quantities.
5
The occupier shall deliver to the proper officer a notice containing such detail of the accounts required by paragraph (4) above as the proper officer requires.
6
The occupier shall ensure that —
a
any operation is carried out in a part of the warehouse approved by the Commissioners for that purpose, or in such other part as the proper officer allows; and
b
such other requirements as the proper officer may impose in any particular circumstances are observed.
7
Any goods in respect of which this regulation is not observed shall be liable to forfeiture.
8
Nothing in paragraph (2) above shall permit the mixing of spirits with wine or made-wine while that operation is excluded from the provisions of section 93(2)(c) of the Customs and Excise Management Act 1979.
Removal from warehouse — occupier’s responsibilities
15
The occupier shall ensure that —
a
notice of intention to remove the goods is given to the proper officer in accordance with any directions made by the Commissioners;
b
an entry of the goods is delivered to the proper officer in such form and containing such particulars as the Commissioners may direct;
c
no goods are removed until any duty chargeable has been paid, secured, or otherwise accounted for;
d
no goods are removed contrary to any condition or restriction imposed by the proper officer;
e
an account of the goods is taken in such manner and to such extent as the proper officer requires and a copy of the account is delivered to the proper officer; and
f
when goods are removed other than for home use, a certificate of receipt is obtained showing that all the goods arrived at the place to which they were entered on removal and, if no such receipt is obtained within 21 days of the removal, notice of that fact is given to the proper officer for the excise warehouse from which the goods were removed.
Removal from warehouse — entry
16
1
Goods may be entered for removal from warehouse for —
a
home use, if so eligible;
b
exportation;
c
shipment as stores; or
d
removal to the Isle of Man.
2
The Commissioners may allow goods to be entered for removal from warehouse for —
a
rewarehousing in another excise warehouse;
b
temporary removal for such purposes and such periods as they may allow;
c
scientific research and testing;
d
removal to premises where goods of the same class or description may, by or under the customs and excise Acts, be kept without payment of excise duty;
e
denaturing or destruction; or
f
such other purpose as they permit,
and may by direction impose conditions and restrictions on the entry of goods or classes of goods for any of the above purposes.
3
Save as the Commissioners direct no goods may be removed from warehouse unless they have been entered in accordance with this regulation.
4
Goods entered for home use may be removed from warehouse only if —
a
the duty has been paid to the Commissioners;
b
the removal is in accordance with provisions of, or under, the customs and excise Acts, allowing payment of the duty to be deferred; or
c
the removal is permitted under an arrangement approved by the Commissioners for the payment of duty on the day the goods are removed.
5
Goods entered for a purpose other than home use may be removed from warehouse without payment of duty only if security for that duty is given (by bond or otherwise) to the satisfaction of the Commissioners and the security is such as to remain in force until the accomplishment of the purpose for which entry is made.
Removal from warehouse — general
17
1
Any goods removed from an excise warehouse without payment of duty as samples or for scientific research and testing and which are no longer required for the purpose for which they were removed shall be —
a
destroyed to the satisfaction of the proper officer;
b
rewarehoused in an excise warehouse; or
c
diverted to home use on payment of the duty chargeable thereon.
2
The proper officer may require any goods entered for removal from an excise warehouse for any purpose, other than home use, to be secured or identified by the use of a seal, lock or mark, and any such requirement may continue after the goods have been removed.
3
In such cases as the Commissioners may direct the proper officer may impose conditions and restrictions on the removal of goods from an excise warehouse in addition to those imposed elsewhere in these Regulations.
4
Any goods in respect of which any of the provisions of these Regulations relating to removal of goods from an excise warehouse (other than regulation 15(f)) is contravened shall be liable to forfeiture.
5
The Commissioners may direct that any provision of these Regulations relating to removal of goods from an excise warehouse shall not apply in the case of hydrocarbon oils.contravened shall be liable to forfeiture.
5
The Commissioners may direct that any provision of these Regulations relating to removal of goods from an excise warehouse shall not apply in the case of hydrocarbon oils.
Entry of goods not in warehouse
18
Except in such cases as the Commissioners direct, goods which are to be warehoused and goods which have been lawfully removed from an excise warehouse without payment of duty may, with the permission of the proper officer, be entered or further entered by their proprietor for any of the purposes referred to in paragraphs (1) and (2) of regulation 16 above as if they were to be removed from the excise warehouse:
Provided that where any such goods are packaged and part only is to be further entered, that part shall consist of one or more complete packages.
Samples
19
1
The Commissioners may make directions —
a
allowing the proprietor of warehoused goods to draw samples thereof for such purposes and subject to such conditions as they specify; and
b
allowing the removal of samples from an excise warehouse with or without payment of duty,
and no sample shall be drawn or removed except as allowed by, and in accordance with directions and conditions under, this regulation.
2
Any samples drawn or removed in breach of this regulation shall be liable to forfeiture.
PART III
RETURNS AND RECORDS
Returns
20
1
The occupier shall complete and sign an Excise Warehouse Return and shall deliver such return to the proper officer within 14 days of the end of the stock period to which it relates.
2
A return shall be in such form and contain such particulars of goods received into, stored in and delivered from an excise warehouse as the Commissioners direct, and different provisions may be made for goods of different classes or descriptions.
3
The Commissioners may direct that separate returns be made in respect of goods of different classes or descriptions.
4
The occupier shall support each return with such schedules and further information relating to the goods as the Commissioners may require.
5
“Stock period” means one calendar month or such other period, not exceeding 5 weeks, as the proper officer, at the request of the occupier, allows.
Records to be kept
21
1
The occupier shall, in relation to goods in an excise warehouse, keep the records prescribed by Schedule 2 to these Regulations.
2
The proprietor of goods in an excise warehouse, or of goods which have been removed from an excise warehouse without payment of duty, or which are to be warehoused, may be required by the proper officer to keep the records prescribed by Schedule 3 to these Regulations in so far as they relate to his proprietorship of the goods.
3
In addition to the other records required by this regulation the occupier shall, in relation to his occupation of the warehouse, keep such records of the receipt and use of goods received into the excise warehouse other than for warehousing therein as the proper officer requires.
4
Records required by or under this regulation shall —
a
be entered up promptly;
b
identify the goods to which they relate;
c
in the case of an occupier be kept at the warehouse;
d
in the case of a proprietor be kept at his principal place of business in the United Kingdom, or at such other place as the proper officer allows; and
e
be kept in such form and manner and contain such information as the Commissioners direct.
Preservation of records
22
1
The occupier shall preserve, for not less than 3 years from the lawful removal of the goods or such shorter period as the Commissioners direct, all records which he is required to keep by virtue of regulation 21(1) above, but no record shall be destroyed until the relevant stock accounts have been balanced and any discrepancy reconciled.
2
The proprietor shall preserve, for not less than 3 years from when he ceased to be the proprietor of the goods, or for such shorter period as the Commissioners direct, all records which he is required to keep by virtue of regulation 21(2) above.
3
Each occupier and proprietor shall preserve all records (other than those referred to in paragraphs (1) and (2) above) kept by him for the purposes of any relevant business or activity for not less than 3 years from the events recorded in them, except that such records need not be preserved if they are records which (or records of a class which) the Commissioners have directed as not needing preservation.
4
The requirements to preserve records imposed by paragraph (3) above may be discharged by the preservation in a form approved by the Commissioners of the information contained in those records.
Production of records
23
1
The occupier or the proprietor shall, when required by the Commissioners, produce or cause to be produced to the proper officer any records, copy records or information which he was required by these Regulations to preserve.
2
Production under paragraph (1) above shall —
a
take place at such reasonable time as the proper officer requires; and
b
take place at the excise warehouse or at such other place as the proper officer may reasonably require.
3
The proper officer may inspect, copy or take extracts from and may remove at a reasonable time and for a reasonable period any record produced or required to be produced to him under this regulation, and the occupier and proprietor shall permit such inspection, copying, extraction and removal.
4
Where the records required to be produced by this regulation are preserved in a form which is not readily legible, or which is legible only with the aid of equipment, the occupier or proprietor shall, if the proper officer so requires, produce a transcript or other permanently legible reproduction of the records and shall permit the proper officer to retain that reproduction.
Information for the protection of the revenue
24
1
The occupier or the proprietor shall furnish the Commissioners with any information relating to any relevant business or activity of his which they specify as information which they think it is necessary or expedient for them to be given for the protection of the revenue.
2
Such information shall be furnished to the Commissioners within such time, and at such place and in such form as they may reasonably require.
Further provision as to records
25
For the purposes of regulations 21 to 24 above, in relation to a proprietor —
a
goods which are to be warehoused shall be treated as if they were warehoused in the warehouse to which they are being removed; and
b
goods which have been removed from warehouse without payment of duty shall be treated as if they were warehoused in the warehouse from which they have been removed.
PART IV
DUTY CHARGEABLE ON WAREHOUSED GOODS
Duty chargeable on goods removed for home use
26
The duty and the rate thereof chargeable on any warehoused goods removed from an excise warehouse for home use shall be those in force for goods of that class or description at the time of their removal.
Duty chargeable on goods diverted to home use after removal without payment of duty
27
1
The duty and the rate thereof chargeable on any goods removed from an excise warehouse without payment of duty and in respect of which duty is payable under regulation 17(1)(c) above shall be those in force for goods of that class or description at the time of payment of the duty.
2
The duty and the rate thereof chargeable on any goods which have been entered for home use under regulation 18 above shall be those in force for goods of that class or description —
a
where removal for home use is allowed under section 119 of the Customs and Excise Management Act 1979 on the giving of security for the duty chargeable thereon, at the time of giving of the security, or
b
in any other case, at the time of payment.
Duty chargeable on missing or deficient goods
28
The duty and the rate thereof chargeable on any goods found to be missing or deficient and upon which duty is payable under section 94 of the Customs and Excise Management Act 1979 , shall be those in force for goods of that class or description at the time the loss or deficiency occurred:
Provided that where that time cannot be ascertained to the proper officer’s satisfaction, the rate of duty chargeable on such goods shall be the highest rate applicable thereto from the time of their deposit in the excise warehouse, or, where appropriate, from the time that the last account of them was taken, until the loss or deficiency came to the notice of the proper officer.
Calculation of duty
29
1
Where duty is charged on any such goods as are referred to in regulation 26 above, the quantity of those goods shall be ascertained by reference to any account taken in accordance with these Regulations at the time of their removal from the excise warehouse or, if no account is taken, the quantity declared to and accepted by the proper officer as the quantity of goods being removed or, if greater, the actual quantity of goods being removed.
2
Where duty is charged on any such goods as are referred to in regulations 27 or 28 above the quantity of such goods shall be ascertained by reference to the last account taken in accordance with these Regulations, or, if no account has been taken, the quantity declared to and accepted by the proper officer as the quantity of goods on which duty is to be charged, or, if greater, the actual quantity of goods. taken in accordance with these Regulations, or, if no account has been taken, the quantity declared to and accepted by the proper officer as the quantity of goods on which duty is to be charged, or, if greater, the actual quantity of goods.
Ascertainment of quantity by taking an account
30
1
Where the quantity of warehoused goods is to be ascertained by taking an account thereof, it shall be ascertained for the purposes of these Regulations by reference to weight, measure, strength, original gravity or number as the case may require.
2
Where under these Regulations an occupier is required to deliver a copy of an account of goods he shall deliver to the proper officer a notice giving such details of the account as the proper officer requires, and the taking of the account shall not be complete until that notice has been delivered.
PART V
ASCERTAINMENT OF DUTY BY REFERENCE TO LABELS ETC.
Ascertainment of duty by reference to labels etc.
31
1
Subject to paragraph (2) of this regulation, for the purpose of charging duty on any spirits, wine or made-wine contained in any bottle or other container the strength, weight and volume of the spirits, wine or made-wine shall be ascertained conclusively by reference to any information given on the bottle or other container by means of a label, or otherwise, or by reference to any documents relating to the bottle or other container, notwithstanding any other legal provision.
2
The method of ascertaining the strength, weight or volume, or any of them, referred to in paragraph (1) above shall not be used if another method would produce a result upon which a greater amount of duty would be charged than would be the case if the method in paragraph (1) above were used.
P. G. Willmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
29th April 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Customs Duties (Quota Relief) Order 1988 and shall come into force on 1st July 1988.
2
In this Order the “relevant quota” means the quantity of goods which are exempt from customs duty on import into the United Kingdom under the provisions of the Council Regulation ( EEC of 29th June 1988 opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia, originating in the African, Caribbean and Pacific States ( ACP ) (1988 — 1989) (“the EEC Regulation”).
3
1
For the purposes of the EEC Regulation, subject as provided in Article 4(2) and (3) of the Customs Duties Quota Relief (Administration) Order 1986 (“the 1986 Order ”) and subject to paragraph (2) of this Article, goods shall be treated as forming part of the relevant quota in the order in which an entry thereof is accepted on or after 1st July 1988 being an entry for home use under section 37 of the Customs and Excise Management Act 1979 or under regulation 13 of the Customs Warehousing Regulations 1979 containing an application for relief from customs duty under the quota, accompanied by such documents as may be required under provisions of Protocol No. 1 to the Third ACP — EEC Convention of Lome (relating to the origin of products).
2
Goods shall not be treated as forming part of the relevant quota if they have been entered for warehousing under the said section 37 in an excise warehouse unless in respect of the goods —
a
an entry for home use under regulation 16 of the Excise Warehousing (Etc.) Regulations 1988 (“the 1988 Regulations ”) is or has been accepted; or
b
notice of compounding of spirits has been given under regulation 14 of the 1988 Regulations; or
c
notice of intention to remove for denaturing has been given under regulation 16 of the 1988 Regulations.
3
The provisions of Article 4(1) of the 1986 Order (which provides for the order in which goods shall be treated as forming part of a quota) shall not apply to the administration of any relief from duty under the EEC Regulation.
Alan Clark
Minister for Trade
Department of Trade and Industry
30th June 1988


text:
1
This Order may be cited as the County of Mid Glamorgan (Electoral Arrangements) Order 1988.
2
This Order shall come into force on the ordinary day of election of councillors in 1989 (within the meaning of section 37 of the Representation of the People Act 1983( )) except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force on 10th October 1988.
3
1
The existing electoral divisions of the County of Mid Glamorgan shall be abolished and that County shall be divided into seventy-four electoral divisions which shall bear the names set out in column 1 of the Schedule to this Order, and each electoral division shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each electoral division constituted by this Order shall be one.
4
The ordinary elections of all councillors for the County of Mid Glamorgan shall be held simultaneously on the ordinary day of election of county councillors in 1989 and every fourth year thereafter.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
2nd March 1988


text:
Title, extent, commencement and duration
1
This Order may be cited as the Parsley (Temporary Prohibition on Landing) (Great Britain) Order 1988, shall apply to Great Britain, shall come into force on 19th April 1988 and shall cease to have effect on 19th June 1988.
Prohibition on landing
2
The landing in Great Britain of parsley ( Petroselinum crispum Nym) grown in Italy is hereby prohibited.
Application of the Plant Health (Great Britain) Order 1987
3
The provisions of articles 15 (actions which may be taken by an inspector), 16 (miscellaneous provisions as to notices), 18 (information as to compliance with notices), 19 (failure to comply with a notice), 42 (licences), 44 (powers of an officer of Customs and Excise), 45 (information to be given), 46 and 47 (offences) of the Plant Health (Great Britain) Order 1987 , shall apply in relation to the prohibition set out in article 2 of this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th April 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
14th April 1988
Peter Walker
Secretary of State for Wales
15th April 1988


text:
1
This Order may be cited as the Patents, Designs and Marks Act 1986 (Commencement No. 2) Order 1988.
2
The following provisions of the Patents, Designs and Marks Act 1986 shall come into force on 1st January 1989:
Section 1, so far as it relates to paragraphs 3 and 4 of Schedule 1
Section 3(1), so far as it relates to the repeal of section 24 of the Registered Designs
Act 1949 and section 35 of the Patents Act 1977 .
Schedule 1, paragraphs 3 and 4.
Schedule 3, Part I, so far as it relates to the repeal of the said sections 24 and 35.
Eric Forth
Department of Trade and Industry
24th October 1988


text:
Citation and commencement
1
This Order may be cited as the Superannuation (Children’s Pensions) (Earnings Limit) Order 1988 and shall come into force on 11th April 1988.
Increase in children’s earnings limit
2
The sum mentioned in section 21(1)(c)(ii) of the Judicial Pensions Act 1981 (which excludes from the definition of “period of childhood and full-time education” a person over 16 who is undergoing training if the emoluments payable by his employer are more than the said sum) is hereby increased from £1178 to £1227.
Revocation of previous order
3
The Superannuation (Children’s Pensions) (Earnings Limit) Order 1987 is hereby revoked.
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
15th February 1988


text:
1
1
These Regulations may be cited as the Insurance Companies (Amendment) Regulations 1988 and shall come into operation on the date when section 3 of the Financial Services Act 1986 comes into operation.
2
The Insurance Companies Regulations 1981 (“the principal Regulations”) shall have effect subject to the amendments set out in these Regulations.
2
1
In regulation 37(1) of the principal Regulations for (a) of the definition of “listed” there shall be substituted the following: —
a
that the investment is included in the Official List of The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited; or
and in (b) of that definition there shall be substituted for the words “such a listing” the words “a listing in respect of that investment”.
2
In regulation 37(1) of the principal Regulations in the definition of “traded option” there shall be substituted for the words “a recognised stock exchange within the meaning of the Companies Act 1948 or the Companies Act (Northern Ireland) 1960” the words “The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited”;
3
In regulation 44(2) of the principal Regulations for the words “a recognised stock exchange within the meaning of the Companies Act 1948 or the Companies Act (Northern Ireland) 1960” there shall be substituted the words “The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited”.
4
In regulation 45 of the principal Regulations there shall be substituted for the words “under a unit trust scheme authorised for the purposes of the Prevention of Fraud (Investments) Act 1958 or the Prevention of Fraud (Investments) Act (Northern Ireland) 1940” the words “under an authorised unit trust scheme within the meaning of the Financial Services Act 1986”.
5
In paragraph 4 of schedule 13 to the principal Regulations for the words “the Prevention of Fraud (Investments) Act 1958 or the Prevention of Fraud (Investments) Act (Northern Ireland) 1940” there shall be substituted “the Financial Services Act 1986.”
Francis Maude
Parliamentary Under-Secretary of State
Department of Trade and Industry
6th April 1988


text:
1
These Regulations may be cited as the Financial Services (Schemes Authorised in Designated Countries or Territories) (Notification) Regulations 1988 and shall come into force on 1st December 1988.
2
The period prescribed for the purposes of section 87(3) of the Financial Services Act 1986 shall be the period of two months.
Francis Maude
Parliamentary Under Secretary of State
Department of Trade and Industry
9th November 1988


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1988 and shall come into force on 1st November 1988.
2
The Motor Vehicles (Driving Licences) Regulations 1987 ( ;) shall be amended by substituting for regulation 7 thereof (Fees for licences) the following regulation —
Fees for licences
7
The fee payable for a licence granted on or after 1st November 1988 shall be, in the case of a licence of a description, and in certain instances granted in particular circumstances, specified in column (1) of the Table in this regulation, the fee specified in relation to that licence in column (2) of that Table.
(1) (2) Description of Licence Amount of Fee
1
The first licence granted on or after 1st November 1988 to a person who has not —
a
before that date held a full licence for any class of vehicle which was granted on or after 1st January 1976 not being a licence granted in exchange for a subsisting licence; or
b
before that date held a provisional licence granted on or after 1st October 1982 not being a licence granted in exchange for a subsisting licence; or
c
within the period of 10 years ending on the date of coming into force of the licence, held a licence to drive any class of motor vehicle, not being a licence corresponding to a provisional licence, granted under the law for the time being in force in Northern Ireland.
£17·00
2
A licence (not falling within paragraph 1 above or 4 below) granted to a person who, at no time during the period of 10 years ending on the date of coming into force of the licence, has held a licence for any class of vehicle.
£17·00
3
2 A licence (not being a first full licence or a licence falling within paragraph 1 or 2 above) which is —
a
a full licence authorising its holder to drive a class of vehicles for which he has not, during the period of ten years ending on the date of coming into force of the licence, held a full licence; or
b
a provisional licence, or a full licence not authorising the driving of vehicles of any class in groups A, B, C or E and which authorises its holder to drive, as a provisional licence holder, vehicles of any class in group D —
i
where the period for which it authorises him to drive such vehicles is a period of two years ending before the date the licence would expire, or
ii
where the holder’s last licence in force did not authorise him to drive such vehicles; or
c
a full or provisional licence granted in exchange for a subsisting licence, except where the licence —
i
is granted free of charge pursuant to section 87(5A)(b) or section 89(4) of the 1972 Act, or
ii
is granted in exchange for a licence which was revoked under section 87(5) of that Act or could have been revoked under that section or section 87(5A)(b); or
d
a full or provisional licence granted to a person who has been the holder of a licence for any class of vehicle which has on or after 1st November 1988 been treated as revoked under section 98(1) of the 1972 Act.
£5·00
4
A licence granted to a person who, within the period of 10 years ending on the date of coming into force of the licence, has held a licence to drive any class of motor vehicle, not being a licence corresponding to a provisional licence, granted under the law for the time being in force in Northern Ireland.
£5·00
5
A duplicate licence.
£5·00
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
14th June 1988
We approve the making of these Regulations
David Lightbown
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 1988


text:
1
This Order may be cited as the Consumer Arbitration Agreements Act 1988 (Appointed Day No. 1) Order 1988.
2
The appointed day for sections 1 to 5 of the Consumer Arbitration Agreements Act 1988 is 1st October 1988.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry.
13th September 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 of this Order (the highway along this route being in this Order referred to as“the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the trunk road with the trunk road, the main new trunk road with Long Lane and the main new trunk road with the trunk road, at the places stated in that schedule (the highways along these routes being in this Order referred to as“the slip roads”);
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of a 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 relevant route is opened for the purpose 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 65/5018/10/TO9/2 — 1 and called“The A40 London — Fishguard Trunk Road (Long Lane Junction Improvement Trunk Road and Slip Roads) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1B 3PY;
ii
“the new trunk roads” means the main new trunk road and the slip roads and“a new trunk road” means one of those highways; and
iii
“the trunk road” means that length of the A40 London — Fishguard Trunk Road in the London Borough of Hillingdon which is known as Western Avenue.
5
This Order shall come into force on 21st January 1988 and may be cited as the A40 London — Fishguard Trunk Road (Long Lane Junction Improvement Trunk Road and Slip Roads) Order 1988.
Signed by authority of the Secretary of State for Transport
I. Yass
An Under Secretary in the
Department of Transport
January 1988


text:
1
This Order may be cited as the Customs Duties (Spain and Portugal) (Revocation) Order 1988 and shall come into force on 10th August 1988.
2
The Customs Duties (Spain and Portugal) Order 1987 is hereby revoked.
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 1988


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from 16th May 1988.
2
In this Order —
a
“the deposited plan” means the plan numbered HA 10/2E/280, marked “The A405 North Orbital Road (Long Lane Roundabout — A412) and Connecting Roads Detrunking Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
b
“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; and
c
“the Trunk Road” means the North Orbital Road (A405)
3
This Order shall come into force on 16th May 1988 and may be cited as the A405 North Orbital Road (Long Lane Roundabout — A412) and Connecting Roads Detrunking Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
18th April 1988


text:
1
This Order may be cited as the Transport Act 1981 (Commencement No. 13) Order 1988.
2
The 13th July 1988 is appointed as the day on which section 30(3) of the Transport Act 1981 comes into force in so far as it is not already in force.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
6th July 1988


text:
1
The Injuries in War (Shore Employments) Compensation Scheme 1914 shall be amended as follows: —
In paragraph (3) thereof for the figures “£64.50”, wherever they occur, there shall be substituted the figures “£67.20”.
2
This Scheme shall have effect on and after 11 April 1988, so, however, that no payment shall be made thereunder in respect of any period before that date.
3
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 1988, and the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1987 and this Scheme may be cited together as the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1988.
Trefgarne
Clive Whitmore
Members of the Defence Council
Dated 23rd March 1988
We consent,
Tony Durant
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
1
These Regulations may be cited as the Police Pensions (Lump Sum Payments to Widows) Regulations 1988 and shall come into force on 5th December 1988.
2
In these Regulations —
any reference to the old cases Regulations is a reference to the Police Pensions Regulations 1971 , in so far as they continue to have effect ;
“the relevant week”, in relation to any year, means the week beginning with the first Monday in December or such other week as may be specified in an order made by the Secretary of State under paragraph 1(3) of Schedule 6 to the Social Security Act 1986 for the purposes of that Schedule.
3
These Regulations shall be construed as one with the old cases Regulations which shall have effect as if regulation 4 of these Regulations were included therein.
4
1
This regulation shall apply to a widow who is in receipt of a pension increased under any of the following provisions of the old cases Regulations, namely under —
a
regulation 30 (discretionary increase in widow’s ordinary pension);
b
regulation 33 (discretionary increase in widow’s special pension); or
c
regulation 35 (discretionary increase in widow’s award under former Acts),where the increase is payable in respect of a period which includes a day in the relevant week.
2
Except where a widow to whom this regulation applies is entitled to a payment by virtue of section 66 of and Schedule 6 to the Social Security Act 1986, the police authority shall pay her a gratuity of £10 (or such larger sum as may be specified in an order made by the Secretary of State under paragraph 2(3)(b) of Schedule 6 to the Social Security Act 1986 for the purposes of that Schedule) in respect of the year in which the relevant week falls.
3
For the purposes of regulation 49 of the old cases Regulations (prevention of duplication), a gratuity under this regulation shall be ignored.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st October 1988
We consent,
Tony Durant
David MacLean
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd November 1988


text:
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1984 (Continuance) Order 1988 and shall come into force on 22nd March 1988.
2
In this Order, “the temporary provisions of the Act of 1984 ” means sections 1 to 13, 14 (except in so far as it relates to orders under subsection (2)(a) or (b) of section 17) and 17(2)(c) of the Prevention of Terrorism (Temporary Provisions) Act 1984 and Schedules 1 to 3 thereto.
3
The temporary provisions of the Act of 1984 shall continue in force for a period of twelve months beginning with 22nd March 1988.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
18th February 1988


text:
Application, title and commencement
1
This Order, which applies to land in England and Wales, may be cited as the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1988 and shall come into force on 31st March 1988.
Amendment of principal Order
2
The Milk Quota (Calculation of Standard Quota) Order 1986 is hereby amended by substituting for the Schedule thereto the Schedule to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th March 1988.
John Selwyn Gummer
Minister of State, Ministry of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
30th March 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order 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 relevant route is opened for the purposes of through traffic.
4
In this Order:–
1
measurements of distance are measured along the route of the highway;
2
i
“the deposited plan”
means the plan numbered HA10/2 WMRO (L)XLVIII marked “The A34 Winchester — Preston Trunk Road (Henley-in-Arden to Hockley Heath section) Trunking Order 1988.” signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
5
This Order shall come into force on 5th June 1989 and may be cited as the A34 Winchester — Preston Trunk Road (Henley-in-Arden to Hockley Heath section) Trunking Order 1988.
Signed by authority of the Secretary of State
Hugh Ellis-Rees
Regional Director West Midlands Region
Department of Transport
9th December 1988


text:
Citation and Commencement
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1988 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order and in the Schedule hereto —
“ the Act ” means the Financial Services Act 1986;
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Order ” means the Companies (Northern Ireland) Order 1986 ; and
“private company”, in relation to a body corporate which is a company within the meaning of the 1985 Act, means a private company within the meaning of section 1(3) of the 1985 Act and, in relation to a body corporate which is a company within the meaning of the 1986 Order, means a private company within the meaning of article 12(3) of the 1986 Order.
Investment advertisements issued for the purpose of promoting or encouraging industrial or commercial activity or enterprise
3
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate of the kind described in paragraph (2) below which —
a
relates to shares in or debentures of a private company;
b
contains no invitation or information which would make it an investment advertisement other than an invitation or information which it is reasonable to expect a person engaged in an activity of the kind described in that paragraph to give in the course of engaging in that activity; and
c
complies with the requirements of paragraph (3) of this article.
2
A body corporate falls within this paragraph if —
a
it is a body corporate which has as its principal object or one of its principal objects the promotion or encouragement of industrial or commercial activity or enterprise in the United Kingdom or in any particular area of it or the dissemination of information concerning persons engaged in such activity or enterprise or requiring capital in order to become so engaged; and
b
it has no direct or indirect pecuniary interest in any matters which are the subject of any investment advertisement it issues which is exempt by virtue of this article or in any investment agreement which may be entered into following such an advertisement.
3
The requirements referred to in paragraph (1)(c) of this article are that the advertisement should contain the following statements presented in a manner which, depending upon the medium through which the advertisement is issued, are calculated to bring the contents of the statements prominently to the attention of recipients of the advertisement —
Investment in new business carries high risks, as well as the possibility of high rewards. It is highly speculative and potential investors should be aware that no established market exists for the trading of shares in private companies. Before investing in a project about which information is given, potential investors are strongly advised to take advice from a person authorised under the Financial Services Act 1986 who specialises in advising on investments of this kind.
The persons to whose order this advertisement has been issued have taken reasonable steps to ensure that the information it contains is neither inaccurate nor misleading.
.
Take-overs of private companies
4
1
In this article and in the Schedule to this Order —
a
the expressions “debentures” and “shares”, when used —
i
in relation to a body corporate which is a company within the meaning of the 1985 Act have the same meaning as in that Act;
ii
in relation to a body corporate which is a company within the meaning of the 1986 Order have the same meaning as in that Order; and
iii
in relation to any other body corporate, mean investments falling within paragraph 1 or 2 of Schedule 1 to the Act issued by that body corporate; and
b
“relevant offer” means an offer of the kind described in Part II of the Schedule to this Order for shares in or debentures of a body corporate of the kind described in Part III of that Schedule.
2
Section 57 of the Act shall not apply to an investment advertisement if it falls within paragraph (3), (4), or (5) below.
3
An investment advertisement falls within this paragraph if —
a
it is issued in connection with a relevant offer;
b
it fulfils the conditions specified in Part IV of the Schedule to this Order; and
c
it contains no invitation or information which would make it an investment advertisement other than —
i
an invitation or information relating to a relevant offer; or
ii
an invitation or information relating to a relevant offer and an invitation or information relating to an offer for investments falling within paragraph 4 or 5 of Schedule 1 to the Act which confer an entitlement or rights with respect to shares or debentures which are the subject of that relevant offer.
4
An investment advertisement falls within this paragraph if —
a
it either accompanies or is issued after the issue of an investment advertisement which contains a relevant offer and which falls within paragraph (3) above; and
b
it contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to investments falling within paragraph 4 or 5 of Schedule 1 to the Act which confer an entitlement or rights with respect to shares or debentures which are the subject of that relevant offer.
5
An investment advertisement falls within this paragraph if it is issued in connection with a relevant offer and is a form of application for shares or debentures or for investments falling within paragraph 4 or 5 of Schedule 1 to the Act.
Sale of body corporate
5
1
In this article —
a
“a group of connected individuals”, in relation to the party disposing of shares in a body corporate, means persons each of whom is, or is a close relative of, a director or manager of the body corporate and, in relation to the party acquiring the shares, means persons each of whom is, or is a close relative of, a person who is to be a director or manager of the body corporate;
b
“close relative” means a person’s spouse, his children (including, in Northern Ireland, his adopted children) and step-children, his parents and step-parents, his brothers and sisters, and his step-brothers and step-sisters and includes a person acting in the capacity of trustee or personal representative of any such relative; and
c
“single individual” includes two or more persons acting in their capacity as the personal representatives of a single individual.
2
Section 57 of the Act shall not apply to an investment advertisement if the invitation is made or the information is given by or on behalf of a body corporate, a partnership, a single individual or a group of connected individuals for the purposes of or with a view to the acquisition or disposal of shares in a body corporate other than an open-ended investment company between parties each of whom is a body corporate, a partnership, a single individual or a group of connected individuals, being shares which —
a
consist of or include shares carrying 75% or more of the voting rights attributable to share capital which are exercisable in all circumstances at any general meeting of the body corporate; or
b
would, together with any shares already held by the person or persons by or on whose behalf the advertisement is issued, carry not less than that percentage of those voting rights.
Dealings in course of non-investment business
6
Section 57 shall not apply to an investment advertisement issued or caused to be issued by a person who holds a permission granted under paragraph 23 of Schedule 1 to the Act if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information given for the purposes of or in connection with anything done in accordance with the terms and conditions of the permission.
Advertisements issued to persons of particular kinds
7
1
In this article “relevant person” means a person who is not an authorised person and who is not unlawfully carrying on investment business in the United Kingdom.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a relevant person in circumstances in which either —
a
it is contained in a copy of a publication being a copy which is issued to a particular person by reason of his having placed an advertisement in that publication; or
b
it is issued to a person whose business it is to place, or arrange for the placing of, advertising and who is sent the advertisement for the purposes of that business.
Industrial and provident societies
8
Section 57 of the Act shall not apply to an investment advertisement which, before the day on which section 160 of the Act comes into force, is issued or caused to be issued by an industrial and provident society with respect to investments falling within paragraph 2 of Schedule 1 to the Act which it has issued or proposes to issue.
Advertisements required or authorised under enactments
9
Section 57 of the Act shall not apply to an investment advertisement if its issue is required or authorised by or under any enactment other than the Act.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
5th April 1988


text:
Title and commencement
1
These Regulations may be cited as the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) (Amendment) Regulations 1988, and shall come into force on 16th November 1988.
2
The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1986 shall be amended as follows: —
a
by inserting in regulation 2 thereof after the definition of “atmospheric shade temperature” the following definition: —
“bulk milk” means milk which is not packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer;
;
b
by adding after paragraph 2 of Schedule 1 thereto the following paragraph: —
3
1
Where any bulk milk which has, for the purposes of transportation, been heat treated in another heat treatment establishment is to be subjected to further heat treatment in accordance with these Regulations, the additional requirements specified in the following sub-paragraphs shall apply.
2
Milk shall not be accepted for further heat treatment unless it has a temperature not exceeding 6°C on admission to the heat treatment establishment and is retained at such a temperature until that further treatment.
3
Milk, which has been heat treated in another Member State of the European Economic Community shall not be accepted for further heat treatment unless it is accompanied by a certificate prescribed by the Importation of Milk Regulations 1988 .
4
The milk processor shall check and record the temperature of the milk on admission to the heat treatment establishment and immediately before further heat treatment.
5
For purposes of identifying sources of supply which consistently exceed a colony count of 100,000 per ml, in order to exclude such milk from further heat treatment in accordance with these Regulations, the milk processor shall —
a
before further treatment take a sample of the milk in accordance with Part I of Schedule 3;
b
submit it to the test for enumeration of microorganisms by poured plate technique for colony count in British Standard 4285: Section 2.1: 1984 ( ISBN 0 580 14091 1);
c
record the result.
6
The milk processor shall retain for a period of not less than three months —
a
from the date of further heat treatment, the certificate referred to in sub-paragraph (3) above;
b
the records made in compliance with sub-paragraph (4) and (5) above.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health for the Secretary of State for Social Services
20th October 1988
Peter Walker
Secretary of State for Wales
14th October 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1988 and shall come into force on 1st February 1989.
2
In this Order, “the 1988 Act ” means the Employment Act 1988.
Qualifications
2
A person satisfies the conditions specified for the purposes of paragraph (a) of section 15(3) of the 1988 Act in relation to a ballot or election if he satisfies the condition specified in Article 3, 4, or 6 below.
3
An individual satisfies this condition if —
a
he has in force a practising certificate issued by the Law Society of England and Wales or the Law Society of Scotland; and
b
he is not disqualified from satisfying this condition by Article 7 below.
4
An individual satisfies this condition if —
a
he is a member of one or more of the following bodies:
i
the Institute of Chartered Accountants in England and Wales;
ii
the Institute of Chartered Accountants of Scotland;
iii
the Chartered Association of Certified Accountants; and
iv
the Institute of Chartered Accountants in Ireland;
b
he is accepted by any such body of which he is a member as being qualified to be an auditor; and
c
he is not disqualified from satisfying this condition by Article 7 below.
5
An individual who satisfies that part of the condition specified in Article 3 above contained in paragraph (a) of that Article or those parts of the condition specified in Article 4 above contained in paragraphs (a) and (b) of that Article is hereinafter referred to as “an individual potentially qualified to be a scrutineer”.
6
Subject to Article 8 below, a partnership satisfies this condition if every member of the partnership is an individual potentially qualified to be a scrutineer.
7
An individual potentially qualified to be a scrutineer does not satisfy the condition specified in Article 3 or, as the case may be, 4 above if he or any present partner of his has —
a
during the preceding 12 months, been a member, officer or employee of the trade union proposing to hold the ballot or election; or
b
in acting at any time as a scrutineer for any trade union, knowingly permitted any member, officer or employee of the trade union to assist him in carrying out any of the functions referred to in section 15(4) of the 1988 Act.
8
A partnership does not satisfy the condition specified in Article 6 above if any member of the partnership is disqualified from being a scrutineer by Article 7 above.
Persons specified by name
9
The following persons are specified for the purposes of paragraph (a) of section 15(3) of the 1988 Act —
a
The Electoral Reform Society of Great Britain and Ireland Limited;
b
The Industrial Society; and
c
Unity Security Balloting Services Limited.
Signed by order of the Secretary of State.
John Cope
Minister of State
Department of Employment
5th December 1988


text:
Citation and commencement
1
These Regulations may be cited as the Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988 and shall come into force on 31st October 1988.
Interpretation
2
In these Regulations —
“designated authority” means an authority designated by section 4(2) of the Criminal Justice Act 1987; and
“notice of transfer” means a notice given under section 4(1) of that Act.
Notice of transfer
3
A notice of transfer given by or on behalf of a designated authority shall be in Form 1 in the Schedule to these Regulations, or in a form to the like effect.
Notice to defendant
4
Where a notice of transfer is given by or on behalf of designated authority, a copy of the notice shall be given by or on behalf of the authority to any person to whom the notice of transfer relates (or, if he is acting by a solicitor, to his solicitor) together with —
a
a notice in Form 2 in the Schedule to these Regulations, or in a form to the like effect; and
b
a statement of the evidence on which any charge to which the notice of transfer relates is based.
Notice to Crown Court
5
Where a notice of transfer is given by or on behalf of a designated authority, a copy of the notice shall be given by or on behalf of the authority to the appropriate officer of the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial together with —
a
a copy of the notice referred to in paragraph (a) of regulation 4 above and copies of the material enclosed with that notice; and
b
the statement referred to in paragraph (b) of that regulation.
Notice to prison governor etc.
6
Where a notice of transfer is given by or on behalf of a designated authority, a copy of the notice shall be given by or on behalf of the authority to any person who has custody of any person to whom the notice of transfer relates together with a copy of the notice referred to in paragraph (a) of regulation 4 above.
P. B. B. Mayhew
Her Majesty’s Attorney General
3rd October 1988


text:
1
This Order may be cited as the A3 Trunk Road (Service Roads, Kingston upon Thames and Merton) (Restricted Roads) (Direction) Order 1988 and shall come into force on 9th May 1988.
2
In this Order —
“the trunk road” means the lengths of the London — Portsmouth Trunk Road (A3) situate in the Royal Borough of Kingston upon Thames and in the London Borough of Merton parts of which are known as Beverley Way, Hook Rise, Malden Way, Robin Hood Way and Tolworth Rise;
“main carriageway” in relation to the trunk road means any carriageway of the trunk road used primarily by through traffic, and excludes any service road and slip road;
“service road” and“slip road” mean any length of road so described in this Order;
“Beverley Way southeastern slip road” means that length of road linking the westbound carriageway of Coombe Lane with the southbound main carriageway of the trunk road;
“Beverley Way southwestern slip road” means that length of road linking the westbound carriageway of Coombe Lane West with the northbound carriageway of the trunk road;
“Hook Rise North service road” means that length of the trunk road known locally as Hook Rise North;
“Hook Rise South service road” means that length of the trunk road known locally as Hook Rise South;
“Tolworth Rise North service road” means that length of the trunk road known locally as Tolworth Rise North;
“Tolworth Rise South service road” means that length of the trunk road known locally as Tolworth Rise South;
“Malden Way (North) service road” means that length of the trunk road which lies on the northern side of and parallel to the main northbound carriageway of the length of the trunk road known as Malden Way;
“Malden Way (South) service road” means that length of the trunk road which lies on the southern side of and parallel to the main southbound carriageway of the length of the trunk road known as Malden Way;
“Beverley Way (North) service road” means that length of the trunk road which lies on the western side of and parallel to the main northbound carriageway of the length of the trunk road known as Beverley Way;
“Beverley Way (South) service road” means that length of the trunk road which lies on the eastern side of and parallel to the main southbound carriageway of the length of the trunk road known as Beverley Way;
“Robin Hood Way (North) service road” means that length of the trunk road which lies on the western side of and parallel to the main northbound carriageway of the length of the trunk road known as Robin Hood Way;
“Robin Hood Way (South) service road” means that length of the trunk road which lies on the eastern side of and parallel to the main southbound carriageway of the length of the trunk road known as Robin Hood Way.
3
The Secretary of State hereby directs that the lengths of the trunk road specified in the Schedule to this Order shall become restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984.
Signed by authority of the Secretary of State
John Dawson
Director (Transport) London Regional Office of the
Department of Transport
May 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) Order 1988 and shall come into force on 1st July 1988.
2
In this Order “the principal Order ” means the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985 .
Amendment of the principal Order
2
The principal Order shall be amended —
a
by substituting for Part B of Schedule 1 (veterinary drugs sold by merchants) the provisions set out in Schedule 1 to this Order;
b
by substituting for Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) the provisions set out in Schedule 2 to this Order.
John Moore
Secretary of State for Social Services
7th June 1988
Sanderson of Bowden
Minister of State, Scottish Office
6th June 1988
Peter Walker
Secretary of State for Wales
26th May 1988
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd June 1988.
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 June 1988.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th day of June 1988.
David M. Carnson
Under Secretary


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 4 Regulations 1988 and shall come into force as follows —
a
regulations 1 and 14, on 5th September 1988;
b
regulations 2 to 13, 15 to 17 and 19 to 26, on 12th September 1988;
c
regulations 18, 27 and 28, on 10th April 1989.
2
In these Regulations “the General Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In Regulation 2(1) of the General Regulations (interpretation) —
a
at the end of the definition of “benefit week” there shall be added the words “and for the purposes of calculating any payment of income and of regulation 74(2)(a) “benefit week” shall also mean the period of 7 days ending on the day before the first day of the first benefit week following the date of claim or the last day on which income support is paid if it is in payment for less than a week;”;
b
after the definition of “employed earner” there shall be inserted the following definition —
“employment” except for the purposes of section 20(3)(d) of the Act, includes any trade, business, profession, office or vocation;
;
c
for the definition of ““residential accommodation” there shall be substituted the following definition — “residential accommodation” except in regulations 19 and 20 and paragraph 8(c)(i) of Schedule 5 has the meaning prescribed in regulation 21(3);”.
Amendment of regulation 5 of the General Regulations
3
In regulation 5 of the General Regulations (persons treated as engaged in remunerative work) after paragraph (5) there shall be added the following paragraph —
6
For the purposes of this regulation, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account shall be taken of any hours in which the person is engaged in an employment or a scheme to which paragraph (a) to paragraph (f) of regulation 6 (persons not treated as engaged in remunerative work) applies.
.
Amendment of regulation 6 of the General Regulations
4
In regulation 6 of the General Regulations (persons not treated as engaged in remunerative work) —
a
for the words “remunerative work if — ” there shall be substituted the words “remunerative work in so far as — ”;
b
in paragraph (e) after the words “regulation 5(4)” there shall be inserted the words “and (5)”.
Amendment of regulation 14 of the General Regulations
5
In regulation 14(1) of the General Regulations (persons of a prescribed description) for the words “and 3” there shall be substituted the words “and (3)”.
Amendment of regulation 18 of the General Regulations
6
In regulation 18(1) of the General Regulations (polygamous marriages) after sub-paragraph (f) there shall be added the following sub-paragraph —
g
any amount determined in accordance with regulation 17(1)(f) (applicable amounts);
.
Amendment of regulation 19 of the General Regulations
7
In regulation 19(3) of the General Regulations (applicable amounts for persons in residential care and nursing homes) in the definition of “residential care home” —
a
in paragraph (b) the words from “for persons in need” to “mental disorder” shall be omitted;
b
at the beginning of paragraph (d) there shall be inserted the words “which provides residential accommodation with both board and personal care and is”; and
c
after paragraph (e) there shall be added the following —
and in paragraphs (b) and (d) of this definition “personal care” means personal care for persons in need of personal care by reason of age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder.
.
Amendment of regulations 31 and 32 of the General Regulations
8
In regulations 31(2) and 32(4)(a) of the General Regulations (date on which income is treated as paid and calculation of income) after the words “unemployment benefit,” there shall be inserted in each of those provisions the words “maternity allowance,”.
Amendment of regulation 41 of the General Regulations
9
In regulation 41 of the General Regulations (capital treated as income) after paragraph (3) there shall be added the following paragraph —
4
In the case of a person to whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of that Act (effect of return to work), any amount by way of repayment of income tax deducted from his emoluments in pursuance of section 203 of the Income and Corporation Taxes Act 1988 , shall be treated as income.
.
Amendment of regulation 42 of the General Regulations
10
In regulation 42 of the General Regulations (notional income) —
a
for paragraph (4) there shall be substituted the following paragraphs —
4
Any payment of income, other than a payment of income made under the Macfarlane Trust or the Independent Living Fund, made —
a
to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated —
i
in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or war widow’s pension, as possessed by that single claimant, if it is paid to him, or by that member, if it is paid to any member of that family;
ii
in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulations 17(1)(e) or 18(1)(f) (housing costs) or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or in board and lodging accommodation or hostels), of that single claimant or, as the case may be, of any member of that family;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family;
but, except where sub-paragraph (a)(i) applies and in the case of a person to whom section 23 of the Act (trade disputes) applies, this paragraph shall not apply to any payment in kind.
;
b
after paragraph (8) there shall be added the following paragraph —
9
In paragraph (4) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
Amendment of regulation 48 of the General Regulations
11
In regulation 48 of the General Regulations (income treated as capital) —
a
in paragraph (1) the word “annual” shall be omitted; and after the word “applies” there shall be inserted the words “and paid at intervals of at least one year”;
b
in paragraph (2) after the words “(refund of tax in trade dispute cases)” there shall be inserted the words “or regulation 41(4) (capital treated as income)”.
Amendment of regulation 51 of the General Regulations
12
In regulation 51 of the General Regulations (notional capital) —
a
for paragraph (3) there shall be substituted the following paragraph —
3
Any payment of capital, other than a payment of capital made under the Macfarlane Trust or the Independent Living Fund, made —
a
to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated —
i
in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or a war widow’s pension as possessed by that single claimant, if it is paid to him, or by that member if it is paid to any member of the family;
ii
in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) and 18(1)(f) (housing costs) or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or board and lodging accommodation or hostels), of that single claimant or, as the case may be, of any member of that family;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
;
b
after paragraph (7) there shall be added the following paragraph —
8
In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
Amendment of regulation 52 of the General Regulations
13
In regulation 52 of the General Regulations (capital jointly held) at the end there shall be added the words “and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.”.
Amendment of regulation 62 of the General Regulations
14
In regulation 62(2)(g) of the General Regulations (calculation of grant income) for the sum of “£210” there shall be substituted the sum of “£220”.
Amendment of regulation 71 of the General Regulations
15
In regulation 71 of the General Regulations (applicable amounts in urgent cases) —
a
in paragraph (1)(a)(iv) for the words “regulation 17(e) or 18(f) (housing costs)” there shall be substituted the words “regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)”;
b
in paragraph (1)(d) for head (iii) there shall be substituted the following —
iii
any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f).
.
Amendment of regulation 72 of the General Regulations
16
In regulation 72(2) of the General Regulations (assessment of income and capital in urgent cases) for the words “and 9(b)” there shall be substituted the words “, 9(b) and 31”.
Amendment of regulations 73 and 75 of the General Regulations
17
In regulations 73(3) and 75(b), (e) and (f) of the General Regulations (amount of income support payable and modifications in the calculation of income) after the words “unemployment benefit,” in each of those provisions there shall be inserted the words “maternity allowance,”.
Amendment of Schedule 1 to the General Regulations
18
In Schedule 1 to the General Regulations (persons not required to be available for employment) paragraph 15 (allowances under the Job Release Act 1977 ) shall be omitted.
Amendment of Schedule 2 to the General Regulations
19
In Schedule 2 to the General Regulations (applicable amounts) after the words “regulation 17” wherever they occur in that Schedule there shall be inserted “(1)”; and —
a
in paragraph 1 for “18(a)” there shall be substituted “18(1)(a)”;
b
in paragraph 2 for “18(c)” there shall be substituted “18(1)(c)”;
c
in paragraphs 3 and 4 for the words “and 18” wherever they occur in those paragraphs there shall be substituted “and 18(1)”;
d
after paragraph 14 (disabled child premium) there shall be inserted the following paragraph —
Persons in receipt of concessionary payments
14A
For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.
.
Amendment of Schedule 3 to the General Regulations
20
In Schedule 3 to the General Regulations (housing costs) —
a
in paragraph 1 for the words “regulation 17(e) or 18(f)” there shall be substituted the words “regulation 17(1)(e) or 18(1)(f)”;
b
in paragraph 7, at the end of sub-paragraph (9) there shall be added the following —
f
where —
i
the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and
ii
the claimant becomes a member of another family which includes that child or young person; and
iii
the claimant made his claim for income support within 8 weeks of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,
the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of sub-paragraph (1), as having been.
.
Amendment of Schedule 4 to the General Regulations
21
In Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes) in paragraph 1 —
a
in sub-paragraph (1)(c) for the words “regulation 17(e) or 18(f)” there shall be substituted the words “regulation 17(1)(e) or 18(1)(f)”;
b
after sub-paragraph (1)(c) there shall be added the following —
and
d
any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).
.
Amendment of Schedule 5 to the General Regulations
22
In Schedule 5 to the General Regulations (applicable amounts of persons in board and lodging accommodation or hostels) —
a
in paragraph 1 —
i
in sub-paragraph (1)(c) for the words “regulation 17(e) or 18(f)” there shall be substituted the words “regulation 17(1)(e) or 18(1)(f)”;
ii
after sub-paragraph (1)(c), there shall be added the following —
and
d
any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).
;
b
in paragraph 7 after the word “family” in the second place in which it occurs, there shall be inserted the words “, increased where appropriate in accordance with paragraph 2,”;
c
in paragraph 10(1) for the words “for the board and lodging accommodation over the maximum” there shall be substituted the words “, increased where appropriate in accordance with paragraph 2, for the board and lodging or hostel accommodation over the maximum”.
Amendment of Schedule 7 to the General Regulations
23
In Schedule 7 to the General Regulations (applicable amounts in special cases) after the words “regulation 17” wherever they occur in that Schedule there shall be inserted “(1)”; and —
a
in Column 2, in paragraph 1 —
i
in sub-paragraph (a), at the end there shall be added the words “or (f)”;
ii
in sub-paragraphs (b) and (c)(ii) for the words “or (e)” in each of those provisions there shall be substituted the words “, (e) or (f)”;
iii
in sub-paragraph (d)(ii) for the words “regulation 18(c) and (d) or (f)” there shall be substituted the words “regulation 18(1)(c), (d), (f) or (g),”;
b
in Column (2), in paragraph 3 for the words “or 18(c)” wherever they occur there shall be substituted the words “or 18(1)(c)”;
c
in Column (1), in paragraph 11 for the words “Great Britain” there shall be substituted the words “United Kingdom.”;
d
in Column (2), in paragraph 13(1) at the beginning there shall be added the words “Any amount applicable under regulation 17(1)(f) or 18(1)(g), plus”;
e
in Column (1), in paragraph 16(b) for the words “or 18 (patients)” there shall be substituted the words “or 18(b)(i), (b)(ii) case two, or (b)(iv) cases one and three (patients)”;
f
in Column (2), in paragraph 17(b)(ii) and (c)(i), for the words “(e), or as the case may be,” in each of those provisions there shall be substituted the words “(e) and (f) or, as the case may be,”;
g
in Column (2), in paragraph 18 —
i
in sub-paragraph (a)(iii) at the end there shall be added the words “plus any amount applicable under regulation 17(1)(f);”;
ii
in sub-paragraph (b)(i) after “£8.25” there shall be inserted the words “, plus any amount applicable under regulation 17(1)(f),”;
iii
in sub-paragraph (b)(ii), case two, for the words “(c) or (d)” there shall be substituted “(c), (d) or (f)”;
iv
in sub-paragraph (b)(iv), case one, after the words “polygamous marriage” there shall be inserted the words “, plus any amount applicable under regulation 17(1)(f) or 18(1)(g),”;
v
in sub-paragraph (b)(iv) case three, for the words “or 18(f)” there shall be substituted the words “or 18(1)(f)”.
Amendment of Schedule 8 to the General Regulations
24
In Schedule 8 to the General Regulations (sums to be disregarded in the calculation of earnings) —
a
in paragraph 1(a) for the words “on termination of his employment” there shall be substituted the words “in respect of that employment which has terminated”;
b
in paragraph 1(b) for the words “on the interruption of his employment” there shall be substituted the words “in respect of that employment which is interrupted”; and
c
in paragraph 2 the word “immediately” shall be omitted; and for the words “on termination or interruption of that employment” there shall be substituted the words “or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made.”.
Amendment of Schedule 9 to the General Regulations
25
In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 22 —
i
in sub-paragraph (1) for the words “or 12” there shall be substituted the words “12 or 25 to 28”;
ii
in sub-paragraph (2) for the words “or 4” there shall be substituted the words “4 or 25 to 28”;
b
in paragraph 26 for the words “section 12” there shall be substituted the words “section 21”;
c
in paragraph 30(d) after the words “actual charge” there shall be inserted the words “increased where appropriate in accordance with paragraph 2 of Schedule 4 or paragraph 2 of Schedule 5”;
d
after paragraph 39 there shall be added the following paragraph —
40
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
.
Amendment of Schedule 10 to the General Regulations
26
In Schedule 10 to the General Regulations (capital to be disregarded) —
a
in paragraph 2 after the words “intends to occupy” there shall be inserted the words “as his home”;
b
in paragraph 4(a) after the words “member of the family” there shall be inserted the words “as his home”;
c
after paragraph 28 there shall be added the following paragraphs —
29
Any payment in kind made by a charity.
30
Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section.
31
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
.
Board and Lodging Accommodation
27
The provisions of the General Regulations relating to persons in board and lodging accommodation shall be amended in accordance with Schedule 1 to these Regulations.
Transitional Provision
28
1
Where a claimant’s benefit week in the week commencing 3rd April 1989 begins on a day other than that day his applicable amount for the purpose of calculating his entitlement to income support for that benefit week shall, notwithstanding the amendments made by regulation 27 of these Regulations, be determined as if those amendments had not been made.
2
In this regulation the expressions used have the same meanings as in the General Regulations.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
11th August 1988


text:
Citation and commencement
1
This Order may be cited as the Dutch Elm Disease (Local Authorities) (Amendment) Order 1988 and shall come into force on 1st May 1988.
Amendment of the Dutch Elm Disease (Local Authorities) Order 1984
2
The Dutch Elm Disease (Local Authorities) Order 1984 shall be amended by substituting for the Schedule to that Order (Local Authorities with powers under the Order and the areas within which those powers may be exercised) the Schedule to this Order.
In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 23rd March 1988.
P. J. Clarke
Secretary to the Forestry Commissioners


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Artifical Insemination (Cattle and Pigs) (Fees) (Amendment) Regulations 1988 and shall come into force on 1st February 1989.
2
In these Regulations “the principal Regulations ” means the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 5 below.
3
In regulation 3 (payment of fees) —
a
in paragraph (1) there shall be inserted at the beginning the words “Subject to paragraph (1A) below,”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
Where —
a
an inspection in connection with an application for a licence referred to in paragraph 5(a) or (b), 6, 7 or 12 of Schedule 1 or an inspection referred to in paragraph 14, 16, 17 or 18 of that Schedule is carried out on premises on the same occasion as such an inspection on other premises within a five mile radius of the first-mentioned premises, and
b
the fees payable under paragraph (1) above in respect of both applications or inspections are payable by the same person,
the fee payable in connection with the application for a licence of the second-mentioned premises or the inspection of the second-mentioned premises, as the case may be, shall be reduced by £23.
.
4
For the provisions of Schedule 1 (fees in respect of matters arising under the principal cattle Regulations) there shall be substituted the provisions of Schedule 1 to these Regulations.
5
For the provisions of Schedule 2 (fees in respect of matters arising under the principal pig Regulations) there shall be substituted the provisions of Schedule 2 to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th December 1988.
Trumpington
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
15th December 1988
Peter Walker
Secretary of State for Wales
16th December 1988
We approve,
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads 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 relevant route is opened for the purpose of through traffic.
4
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as an unclassified road as from the date on which the Secretary of State notifies the County Council of Clwyd that the new trunk roads are open for through traffic.
5
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway.
2
i
“the plan”
means the plan numbered HA10/2-WO58 marked “The Chester — Bangor Trunk Road (A55) (Travellers' Inn Improvement) Order 1988.”
ii
“the new trunk roads”
means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways.
iii
“the trunk road”
means the Chester — Bangor Trunk Road (A55).
6
This Order shall come into force on 16th March 1988 and may be cited as the Chester — Bangor Trunk Road (A55) (Travellers' Inn Improvement) Order 1988.
Signed by authority of the Secretary of State
G. Mercer
Director of Highways, Welsh Office
5th February 1988


text:
1
This Order may be cited as the Submarine Pipe-lines (Designated Owners) (No. 2) Order 1988 and shall come into force on 23rd May 1988.
2
For the purposes of Part III of the Act, Texaco North Sea UK Company, whose principal place of business in the United Kingdom is situated at 1 Knightsbridge Green, London SW1X 7QJ, is hereby designated the owner of each pipe-line described in the Schedule hereto.
Peter Morrison
Minister of State,
Department of Energy
18th April 1988


text:
1
This Order shall come into force on 1st December 1988 and may be cited as the Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) (No.2) Order 1988.
2
The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended by adding in article 3 (which names the Canadian courts, including the courts of Provinces, which are to be recognised courts for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933) after “Prince Edward Island”, the word “, Saskatchewan”.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the St Ives (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the Harbour” means the Harbour of St Ives as described in section 33 of the St Ives Harbour Act 1853 ; “signed plan” means the plan signed in triplicate by an Under Secretary at the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Penwith District Council, Council Offices, St Clare, Penzance, Cornwall TR18 3QW.
Extension of Limits of Jurisdiction for Purposes of Pilotage
3
The limits within which the Harbour Authority shall have jurisdiction for the purposes of pilotage under Part 1 of the Pilotage Act 1987 shall include (in addition to the Harbour) the area coloured pink on the signed plan, being so much of the area within an imaginary straight line from Browther Rock (latitude 50° 13'.857 N. longitude 5° 29'.660 W) to Godrevy Point (latitude 50° 14'.414 N. longitude 5° 23'.56 W).
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
18th August 1988