text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Relief at Source) Regulations 1988 and shall come into force on 1st July 1988.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“arrangements” means approved personal pension arrangements within the meaning of section 630;
“the Board” means the Commissioners of Inland Revenue;
“net contribution” means a contribution from which an individual deducts an amount equal to income tax at the basic rate by virtue of section 639(3) and (4);
“net relevant Schedule E earnings” means“relevant Schedule E earnings” computed in accordance with section 646;
“relevant Schedule E earnings” means“relevant earnings” within the meaning of section 644 but with the omission of subsection 2(c) and (d) of that section;
“relevant superannuation scheme” means a scheme or arrangement as defined in section 645(3);
“retirement annuity contract or trust scheme” means a retirement annuity contract or trust scheme approved by the Board under Chapter III of Part XIV of the Act;
“scheme” means an approved personal pension scheme within the meaning of section 630;
“section” means a section of the Income and Corporation Taxes Act 1988;
“tax month” means a period beginning on the 6th day of any month and ending with the 5th day of the following month;
“year of assessment” means a year beginning with 6th April in any year and ending with 5th April in the following year.
2
The Table below indexes other definitions in these Regulations —
Term defined Regulation
annual claim 8 interim claim 8
Prescribed cases and conditions: introductory
3
Regulation 4 prescribes the cases in which, and regulations 5 to 7 the conditions subject to which, relief under section 639 shall be given in accordance with subsections (3) and (4) of that section.
Prescribed cases
4
The prescribed cases are cases where under arrangements an individual is paying contributions in respect of net relevant Schedule E earnings.
Prescribed conditions
5
1
The condition prescribed in this regulation is that an individual shall furnish in writing to the scheme administrator before, or within, the time specified in paragraph (3) the particulars specified in paragraph (2).
2
The particulars specified in this paragraph are —
a
his full name and address;
b
his date of birth;
c
his national insurance number;
d
the full name and address of his employer who has paid, or will pay, net relevant Schedule E earnings to him;
e
an estimate of his net relevant Schedule E earnings for the year of assessment in which he will first pay a net contribution;
f
the full name and address of any employer of his, other than the employer referred to in sub-paragraph (d), who has paid net relevant Schedule E earnings to him.
3
The time specified in this paragraph is —
a
in relation to the particulars specified in paragraph (2)(a), (b), (c) and (d), before the time at which the individual first pays a net contribution,
b
in relation to the particulars specified in paragraph 2(e), within 30 days after the date on which the individual —
i
first pays a net contribution,
ii
pays a net contribution of such an amount that, except where section 641 or 642 applies, the total net contributions paid by him in the year of assessment exceeds the maximum amount permitted under section 640 on the assumption that his net relevant Schedule E earnings for that year of assessment are not in excess of the estimate referred to in paragraph 2(e) and last furnished to the scheme administrator under this paragraph; and
c
in relation to the particulars specified in paragraph 2(f), within 30 days after the date on which the individual first pays a net contribution in respect of net relevant Schedule E earnings paid to him by an employer of his other than the employer referred to in paragraph (2)(d).
6
1
The condition prescribed in this regulation is that an individual shall furnish to the scheme administrator before, or within, the time specified in paragraph (3) the certificates specified in paragraph (2).
2
The certificates specified in this paragraph are certificates which show —
a
that, except where subsection (4) or subsection (5) of section 645 applies, the individual is not participating in a relevant superannuation scheme;
b
whether or not the individual is paying contributions under other arrangements or under a retirement annuity contract or trust scheme;
c
that the total contributions which the individual —
i
is paying under any arrangements or scheme referred to in sub-paragraph (b), and
ii
will pay under the arrangements to which the certificate relates
do not together exceed the total of the maximum amount permitted under section 640 and so much of any relief given under section 639(1) as is given by virtue of section 642;
d
that the relevant Schedule E earnings in respect of which the individual will pay, or has paid, a net contribution do not fall within section 644(5).
3
The time specified in this paragraph is —
a
in relation to the certificate specified in paragraph (2)(a) —
i
before the time specified in regulation 5(3)(a),
ii
within 60 days after the date specified in regulation 5(3)(c),
iii
within 30 days after the expiry of a period of five years from the date on which the individual last furnished a certificate under this sub-paragraph;
b
in relation to the certificates specified in paragraph 2(b) and (c), before the time specified in regulation 5(3)(a); and
c
in relation to the certificate specified in paragraph (2)(d) —
i
before the time specified in regulation 5(3)(a),
ii
within 60 days after the date specified in regulation 5(3)(c).
7
1
The condition prescribed in this regulation is that on every occasion on which an individual furnishes particulars or a certificate (or both) in accordance with regulation 5 or 6 he shall furnish the declarations specified in paragraph (2).
2
The declarations specified in this paragraph are declarations signed by the individual to the effect that —
a
in relation to —
i
the particulars specified in regulation 5(2), they are to the best of the knowledge and belief of the individual correct and complete;
ii
a certificate specified in regulation 6(2), it is to the best of the knowledge and belief of the individual correct;
b
the individual will within 30 days give notice in writing to the scheme administrator if —
i
he ceases to be employed by an employer who has paid net relevant Schedule E earnings to him,
ii
except where subsection (4) or subsection (5) of section 645 applies, he participates in a relevant superannuation scheme.
Claims: introductory
8
1
Amounts recoverable by a scheme administrator under section 639(4)(b) shall be recovered on a claim made to the Board for the purpose of these Regulations.
2
Subject to paragraph (3), a claim shall be for a year of assessment (“annual claim”).
3
A claim may also be made in accordance with regulation 9 for a tax month (“interim claim”).
4
Notwithstanding the provisions of any other enactment, the Board shall not be under an obligation to make any payment under regulation 9 or 10 earlier than the end of the month following the month in which the claim is received.
Interim claims
9
1
Subject to paragraph (3), an interim claim for a tax month may be made by a scheme administrator within 6 months after the end of the tax month for which it is made.
2
A claim under this regulation may not be based on an estimate but may only be made to recover an amount deducted in respect of contributions paid in the tax month.
3
An interim claim may not be made for the tax month ending 5th October or any subsequent month until the annual claim for the preceding year of assessment has been made by the scheme administrator and received by the Board.
4
If the amount claimed is established to the Board’s satisfaction they shall pay the amount to the claimant; if they are not so satisfied they shall pay to the claimant any lesser amount established to their satisfaction.
5
Where a scheme administrator discovers that an amount paid to him under paragraph (4) was excessive he shall bring into account in the interim claim made by him next after the discovery (in this regulation referred to as“the subsequent claim”) the amount of the excess; and if that amount exceeds the amount deducted in respect of the tax month for which the subsequent claim is made —
a
the scheme administrator shall repay the amount of the excess to the Board with the claim; and
b
if he fails so to do that amount shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
Annual claims
10
1
An annual claim for a year of assessment may, subject to paragraph (2), be made at any time within 6 years after the end of the year of assessment.
2
Where in relation to any year of assessment a scheme administrator has received and not repaid in full any amount on an interim claim he shall within 6 months after the end of the year of assessment make an annual claim.
3
A claim under this regulation —
a
may not be based on an estimate but may only be made to recover an amount deducted in respect of contributions paid in the year of assessment, and
b
shall bring into account payments made in respect of the year of assessment; and for the purpose of this regulation“aggregate interim payments” means the aggregate of payments made (and not repaid) on interim claims.
4
Where the aggregate of the interim payments shown by an annual claim exceeds the amount deducted for the year of assessment —
a
the scheme administrator shall repay the amount of the excess to the Board with the claim; and
b
if he fails so to do, that amount shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
5
If a scheme administrator fails to make an annual claim under paragraph (2) within the time limited by that paragraph, the Board may issue a notice to the scheme administrator showing the aggregate interim payments for the year, and stating that the Board are not satisfied that the amount due to the scheme administrator for the year of assessment exceeds the lower amount stated in the notice.
6
If an annual claim is not delivered to the Board within 14 days after the issue of a notice under paragraph (5), the amount of the difference between the aggregate amount and the amount stated in the notice shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
7
Where an annual claim has been made and the scheme administrator subsequently discovers that an error or mistake has been made in the claim the scheme administrator may make a supplementary claim within the time limited by paragraph (1).
Claims: supplementary provisions
11
1
Section 42 of the Taxes Management Act 1970 (procedure for making claims) shall not apply to a claim under these Regulations.
2
No appeal shall lie from the Board’s decision on an interim claim.
3
An appeal shall be to the Special Commissioners from the Board’s decision on an annual claim, and the appeal shall be brought by giving written notice to the Board within 30 days of receipt of written notice of the decision.
4
No payment made or other thing done on or in relation to an interim claim shall prejudice the decision on an annual claim.
5
The like provisions as are contained in Part V of the Taxes Management Act 1970 (appeals and other proceedings) shall apply to an appeal under paragraph (3), and on an appeal the Special Commissioners may vary the decision appealed against whether or not the variation is to the advantage of the appellant.
6
All such assessments, payments and repayments shall be made as are necessary to give effect to the Board’s decision on an annual claim, or to any variation of that decision on appeal.
7
Claims under these Regulations —
a
shall contain such information and be in such form as the Board may prescribe (and forms prescribed for annual claims may require a report to be given by the scheme administrator’s auditor);
b
shall contain declarations to the effect that —
i
sufficient records in respect of the scheme are maintained so as to enable the requirements of these Regulations to be satisfied, and
ii
the information contained in the claim (including the declaration referred to in paragraph (i)) is correct; and
c
shall be signed by the scheme administrator or by an authorised representative in the service of the scheme administrator.
Recovery on withdrawal of approval of schemes or of arrangements
12
Where a scheme administrator gives to the Board information in accordance with regulation 14(2) he shall at the time that he gives the information —
a
pay to the Board the amount (if any) referred to in regulation 14(3)(d); and
b
if he fails so to do, that amount shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
Recovery of amounts by assessment
13
1
The like provisions as are contained in section 30 of the Taxes Management Act 1970 (recovery of overpayment of tax, etc. ) shall apply in relation to the payment by the Board of an amount —
a
paid under these Regulations to which a scheme administrator was not entitled, or
b
recoverable from a scheme administrator under regulation 9(5), regulation 10(4) or (6) or regulation 12,
as if it had been income tax repaid to the scheme administrator to which he was not entitled.
2
An assessment made by virtue of this regulation shall be made by the Board and, subject to the provisions of these Regulations, the like provisions as are contained in the Taxes Management Act 1970 shall apply as if the assessment were an assessment to tax for the year of assessment in respect of which the amount was paid or is recoverable.
Information
14
1
The Board may by notice in writing require any person who is, or who at any time has been, —
a
a scheme administrator to whom net contributions have been paid, or
b
an individual who has paid such contributions,
to give to them within such time (not being less than 14 days) as may be provided in the notice such information and in such form as may be prescribed in the notice.
2
If the Board by notice under section 650 withdraw their approval of a scheme, or of arrangements made in accordance with it and under which net contributions have been paid, the scheme administrator shall within 30 days give to the Board in relation to that scheme, or to those arrangements, the information prescribed in paragraph (3).
3
The information prescribed in this paragraph is —
a
the full name, address, national insurance number, and where known tax office reference of each individual who has paid net contributions after the date specified in the notice in relation to the scheme, or to the arrangements, as the case may be, (in this regulation referred to as“the relevant contributions”);
b
the amount of the relief obtained under section 639(1) by means of the relevant contributions;
c
the amount of such relief actually due; and
d
the difference between the relief referred to in sub-paragraph (b) and that referred to in sub-paragraph (c).
4
If an individual who has paid net contributions fails to comply with the requirements of regulations 5 to 7, the scheme administrator to whom such contributions have been made shall within 30 days give to the Board the information prescribed in paragraph (5).
5
The information prescribed in this paragraph is —
a
the full name, address, national insurance number, and where known tax office reference of the individual;
b
the amount of relief obtained by him under section 639(1) by means of such contributions;
c
the amount of such relief actually due; and
d
the difference between the relief referred to in sub-paragraph (b) and that referred to in sub-paragraph (c).
Inspection of records
15
1
Every scheme administrator to whom net contributions have been paid shall, whenever required so to do, make available for inspection by a person authorised by the Board for that purpose all books, documents and other records (including all particulars, certificates and declarations furnished under regulations 5 to 7) in his possession or under his control relating to —
a
such contributions paid to him,
b
the scheme and the arrangements made in accordance with it and under which the contributions were paid, and
c
the individual who paid the contributions.
2
Where records are maintained by computer the scheme administrator shall provide the person making the inspection with all facilities necessary to obtain information from them.
3
Subject to paragraph (4), all books, documents and records referred to in paragraph (1), shall be preserved by the scheme administrator so as to be available for inspection under this regulation for a period of six years following the termination of the scheme, or of arrangements made in accordance with it, to which they relate.
4
All particulars, certificates and declarations furnished under regulations 5 to 7 shall be so preserved for a period of six years following the date on which the individual to whom they relate ceased to make net contributions.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
9th June 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A12 Trunk Road (Leyton Way, Waltham Forest) (Prescribed Routes) Order 1988 and shall come into force on 15th August 1988.
2
In this Order —
“Leyton Way” means that length of the London-Great Yarmouth Trunk Road (A12) in the London Borough of Waltham Forest known as Leyton Way;
“the island site” means the triangular island site in Leyton Way at its junction with Whipps Cross Road.
3
No person shall cause or permit any vehicle proceeding southwestwards in Leyton Way to make a right turn so as to enter Poppleton Road.
4
No person shall cause any vehicle proceeding in Leyton Way to turn right into Whipps Cross Road.
5
The provisions of article 8 of, and item 6 of Schedule 3 to, the Hackney and Waltham Forest (Prescribed Routes) Traffic Order 1967 are hereby revoked.
6
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
11th August 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Fishing Vessels' Names) Regulations 1988 and shall come into force on 1st December 1988.
2
Any person who proposes to make application for the registration of a British fishing vessel in the United Kingdom shall before making such application obtain the approval of the Registrar General of Shipping and Seamen to the proposed name of the vessel.
3
When seeking such approval the applicant shall specify the port at which it is intended that the vessel should be registered.
4
If the Registrar General of Shipping and Seamen is satisfied —
a
that the proposed name is not already the name of a British fishing vessel registered at that port, and
b
that it is not a name so similar to that of another British fishing vessel registered at that port as to be calculated to deceive,
he shall notify the applicant that he approves the name and the fishing vessel may thereafter be registered under that name at that port provided that all requirements for registry have been duly complied with.
5
If the Registrar General is not so satisfied he shall notify the applicant in writing that the name is not approved.
6
Any approval of a name given under these Regulations shall be valid only for the period of 3 months beginning with the date it was notified to the intending owner.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
2nd November 1988
Philip Nash
Commissioner, Customs & Excise
4th November 1988


text:
Title and Commencement
1
This Order may be cited as the Precept Limitation (Prescribed Maximum) (West Yorkshire Passenger Transport Authority) Order 1988 and shall come into force on 14th February 1988.
Prescription of maximum precept
2
There is hereby prescribed under section 1 of the Rates Act 1984, for the financial year beginning on 1st April 1988, as the maximum precept for the West Yorkshire Passenger Transport Authority the amount of 24.82 pence in the pound.
Paul Channon
Secretary of State for Transport
10th February 1988


text:
Citation and commencement
1
This Order may be cited as the Rating Lists (Valuation Date) Order 1988 and shall come into force on 6th January 1989.
Valuation date
2
1st April 1988 is specified under paragraph 2(3)(b) of Schedule 6 to the Local Government Finance Act 1988 as the day by reference to which a determination of rateable value is to be made for the purposes of compiling a local or central non-domestic rating list to be compiled on 1st April 1990.
Revocations
3
The New Valuation Lists Order 1987 is revoked.
Nicholas Ridley
Secretary of State for the Environment
1st December 1988
Peter Walker
Secretary of State for Wales
7th December 1988


text:
Citation, extent and commencement
1
These Regulations, which may be cited as the Scottish Islands Agricultural Development Programme Regulations 1988, shall apply only to the Scottish Islands and shall come into force on 5th April 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agricultural development” means any farm development measures, livestock development measures, agricultural infrastructure measures and agricultural support measures;
“agriculture” includes horticulture, seed growing, dairy farming, the breeding and keeping of livestock, the use of land as grazing land or meadow land, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” and references to farming shall be construed accordingly;
“apportioned land” means land which is apportioned from the common grazings and has been previously improved by surface or other treatment;
“approved” means approved in writing by the Secretary of State and “approve” and “approval” shall be construed accordingly;
“croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1955 ;
“eligible person” means a person who is an owner or tenant (including crofting tenant or sub-tenant) of a farm and any person authorised to act on his behalf;
“farm” includes an agricultural holding within the meaning of section 1 of the Agricultural Holdings (Scotland) Act 1949 , a croft and any holding within the meaning of sections 2 and 32 of the Small Landholders (Scotland) Act 1911
“financial assistance” means payment by way of environment management payment, grant, management premium, premium or stock health improvement payment;
“hill land” means any land other than inbye land;
“inbye land” means anylandwhich is or has been enclosed or delineated by fences, dykes, hedges, etc. (including apportioned land) and which has been used for cultivation, production of forage or closely controlled grazing by stock;
“livestock” includes any creature kept for the production of food, wool, skins, or fur or for the purposes of its use in the farming of the land;
“the Regulation of the Council” means Regulation ( EEC ) No. 1402/86 of the Council of the European Communities of 6 May 1986 ;
“Scottish Islands” means all islands off the northern and western coasts of Scotland with the exception of the Western Isles Islands Area;
“traditional winter keep” means the production of oats, barley, rye, bere, turnips, kale and hay;
“Western Isles Islands Area” means the area established by section 1(3) of the Local Government (Scotland) Act 1973 .
2
References in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Financial assistance for agricultural development
3
1
Subject to the provisions of these Regulations and provided he is satisfied that it is otherwise expedient for him to do so, the Secretary of State may provide financial assistance to an eligible person —
a
towards the cost of any farm development measure specified in Part I of Schedule 1;
b
by way of environment management payments in respect of the categories of land specified in Part II of Schedule 1;
c
towards the cost of any livestock development measure in relation to the categories of animals specified in Parts I and II of Schedule 2;
d
by way of stock health improvement payments in respect of the category of animals specified in Part III of Schedule 2; and
e
towards the cost of any agricultural infrastructure or support measure specified in Schedule 3.
2
The Secretary of State may determine the manner and timing of payment of financial assistance.
Farm plans
4
1
A farm plan submitted for approval shal be set out in such form as the Secretary of State may from time to time require and the eligible person shall furnish all such particulars and information relating thereto as the Secretary of State may require, and in particular —
a
sufficient information to show that the plan relates to an agricultural business;
b
a description of the farm at the time of submission of the plan for approval and of the land to which the plan relates;
c
plans where applicable to —
i
rationalise his farming operations;
ii
increase the efficiency of the farm;
iii
improve the quality of livestock;
iv
alter and provide for farm buildings;
v
diversify into tourism, small industry, or other activities; and
vi
conserve or enhance the environment;
d
an indication of the measures to be taken and, in particular, of the capital investments necessary in order to achieve the objectives of the plan and the time scale envisaged for the development.
2
The duration of the agricultural development shall be such period as is specified in the plan, being a period not exceeding 5 years and normally not less than 3 years from the date of approval of the plan.
Approval of farm plan
5
1
The Secretary of State shall only approve the farm plan insofar as it is aimed at the encouragement of agricultural development in accordance with the Regulation of the Council and is to be carried out by or on behalf of the eligible person.
2
Subject to paragraph (1) above, the Secretary of State, as he thinks fit, may refuse to approve the plan or may approve the farm plan in whole or in part for the purposes of financial assistance and may make his approval subject to such conditions as he may impose.
Restrictions on approval of farm plan
6
A farm plan shall not be approved under these Regulations unless the Secretary of State —
a
is satisfied that the measures to be undertaken under the plan will improve the development of the farm, will achieve the objectives set out in the plan and are viable; and
b
has had regard to the provisions of section 17 of the Agriculture Act 1986 .
Variation of farm plans
7
The Secretary of State may only in exceptional circumstances agree the variation of an approved plan and then only within approved notified expenditure limits.
Amount of financial assistance
8
1
Grant shall be payable, in respect of expenditure on any farm development measure set out in column 1 of Part I of Schedule 1, at the percentage rate specified in relation to that measure in column 2 of that Part.
2
Where any farm plan includes specific provision for an environmental area identified therein, an environment management payment shall be made, in respect of the category of land set out in column 1 of Part II of Schedule 1, at the rate specified in relation to that category in column 2 of that Part.
3
A premium shall be payable, in respect of any livestock development measure relative to the category of animal set out in column 1 of Parts I and II of Schedule 2, at the rate specified in relation to that category in column 2 of those Parts.
4
A stock health improvement payment shall be made, in respect of the category of animal set out in column 1 of Part III of Schedule 2, at the rate specified in column 2 of that Part.
5
Grant shall be payable, in respect of expenditure on any agricultural infrastructure and support measure set out in column 1 of Schedule 3, at the percentage rate specified in relation to that measure in column 2 of that Schedule.
Management premium
9
1
On approval of a farm plan detailing any of the farm development measures set out in column 1 of Part I of Schedule 1, the eligible person will qualify for a management premium amounting to the percentage of the approved cost specified in relation to that measure in column 3 of that Part, which premium will be payable in 2 instalments —
a
two thirds at the commencement of the farm plan; and
b
the remaining one third when the farm plan has been completed and the targets have been met.
2
On approval of a farm plan detailing livestock improvement measures relative to any of the categories of animal set out in column 1 of Parts I and II of Schedule 2, the eligible person will qualify for a management premium amounting to the sum specified in relation to that category in column 3 of those Parts, which management premium will be payable in 2 instalments —
a
one half at the end of the second year of the farm plan; and
b
the remaining half when the livestock development measures have been completed and the targets have been met.
Maximum limits of financial assistance
10
1
Financial assistance in respect of each farm plan shall be limited in accordance with the provisions of paragraph (2) below.
2
a
Financial assistance under Part I of Schedule 1 shall not exceed £20,000, and within that figure —
i
assistance relative to tractors (item 8) shall not exceed £5,000; and
ii
the total management premium payable under that Part shall not exceed £3,750;
b
financial assistance under Part II of Schedule 1 shall not normally exceed £4,000;
c
financial assistance under Schedule 2 shall not exceed —
i
£7,500 for a 3 year plan; and
ii
£10,000 for a 5 year plan; and within those figures assistance under Part III of that Schedule shall not exceed £1,000;
d
financial assistance under Schedule 3 shall not exceed —
i
£18,000 in respect of item 1;
ii
£9,000 in respect of item 2; and
iii
£10,000 in respect of item 3.
Standard costs
11
In such cases, and subject to such conditions, as the Secretary of State may from time to time determine, the cost of any work or facility or the amount of any other cost or expenditure shall, if the eligible person so elects, be based on such standard cost or amount as the Secretary of State may from time to time fix with the approval of the Treasury.
Powers of entry and inspection
12
1
For the purposes of these Regulations and in particular for the purpose of securing that financial assistance under these Regulations is made in proper cases only, any person duly authorised in that behalf by the Secretary of State may, upon production if so required of his appointment or authority, at all reasonable times enter upon and inspect any land, and may —
a
inspect any premises, plant and machinery, equipment or livestock in respect of which financial assistance under these Regulations has been made or claimed;
b
require the occupier to furnish for inspection any book, account or other record in his possession or under his control which the authorised person considers necessary to substantiate eligibility for financial assistance under these Regulations.
2
In exercising the power conferred on him by this regulation, an authorised person may be accompanied by such persons acting under his instructions as appear to him to be necessary and, in relation to the inspection of documents, he shall be entitled to take such copies or extracts therefrom as he may consider necessary.
Reduction or withholding of financial assistance
13
1
The Secretary of State may reduce or withhold any financial assistance under these Regulations in any case where —
a
assistance in respect of expenditure towards which such financial assistance is claimed has been or may be given otherwise than under these Regulations; or
b
the carrying out or provision of the development measure towards the expenditure on which such financial assistance is claimed appears to the Secretary of State to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Economic Community; or
c
he considers that the expenditure towards which such financial assistance is claimed is excessive, having regard to the development measure carried out or provided and to which the claim relates; or
d
the carrying out of the development measure towards the expenditure on which such financial assistance is claimed has been effected in a way which appears to the Secretary of State to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit; or
e
he considers that in the circumstances current at the time of the application other applications are to be preferred.
2
Before reducing or withholding any financial assistance under the provisions of this regulation, the Secretary of State shall give to any person whose grant it is proposed to reduce or withhold a written notification of the reasons for the action proposed to be taken by the Secretary of State.
Revocation of approval and recovery of financial assistance
14
If at any time after the Secretary of State has approved a farm plan or paid financial assistance under these Regulations it appears to him that —
a
any condition subject to which the approval was given or the financial assistance was paid has not been complied with, or the targets have not been met; or
b
any work or facility in respect of expenditure on which financial assistance has been paid has been badly done or provided, or has been or is being unreasonably delayed or is unlikely to be completed; or
c
the eligible person gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect;
the Secretary of State may revoke the approval, in whole or in part and, where any financial assistance has been paid, may recover on demand an amount equal to the financial assistance which has been so paid or such part thereof as he may specify; but before revoking an approval or making a demand under the preceding provisions of this regulation, the Secretary of State shall give to any person to whom any such financial assistance would be payable or from whom any such amount would be recoverable a written notification of the reasons for the action proposed to be taken by him.
False statements
15
If the eligible person, for the purposes of obtaining for himself or any other person any financial assistance under these Regulations, knowingly or recklessly makes a false statement, he shall be liable on summary conviction to a fine not exceeding £2,000.
Duration of Regulations
16
1
These Regulations shall cease to have effect on 7th March 1993.
2
The provisions of paragraph (1) shall not prejudice any criminal proceedings in respect of an offence under regulation 15.
3
Where circumstances have occurred before 7th March 1993 which would have entitled the Secretary of State to reduce or withhold financial assistance, revoke approval or recover financial assistance already paid, the Secretary of State shall after that date be empowered to do so as if these Regulations were still in force.
Sanderson of Bowden
Minister of State, Scottish Office
New St Andrew’s House,
Edinburgh
11th March 1988


text:
1
This Order may be cited as the Foreign Compensation (Financial Provisions) Order 1988 and shall come into force on 25th March 1988.
2
The Foreign Compensation Commission shall pay into the Consolidated Fund not later than 31st March 1988 out of the compensation funds named in Column 1 of the Schedule to this Order the amounts specified in Column 2 of the Schedule which are hereby determined to be the amounts of the expenses of the Commission during the periods specified in Column 3 of the Schedule attributable to the discharge by the Commission of their functions in relation to the distribution of sums from those compensation funds.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Penalty Points (Alteration) Order 1988 and shall come into force on 1st March 1989.
2
In this Order, “the 1972 Act ” means the Road Traffic Act 1972 .
2
In Part II of Schedule 7 to the Transport Act 1981 (Penalty Points) the following alterations shall be made —
a
in the entry relating to section 3 of the 1972 Act (careless or inconsiderate driving), for “2 — 5” there shall be substituted “3 — 9”;
b
in the first entry relating to section 25(4) of the 1972 Act (failing to stop after accident), for “5 — 9” there shall be substituted “8 — 10”;
c
in the second entry relating to section 25(4) of the 1972 Act (failing to give particulars or report accident), for “4 — 9” there shall be substituted “8 — 10”; and
d
in the entry relating to section 143 of the 1972 Act (using, or causing or permitting use of, motor vehicle uninsured or unsecured against third party risks), for “4 — 8” there shall be substituted “6 — 8”.
3
This Order shall not apply to —
a
an offence committed before 1st March 1989, or
b
an offence under section 25(4) of the 1972 Act relating to an accident occurring before that date.
Paul Channon
Secretary of State for Transport
2nd November 1988


text:
1
1
This Order may be cited as the Local Government Reorganisation (Property) (West Yorkshire) Order 1988 and shall come into force on 17th May 1988.
2
In this Order,“local council” in relation to any land means the council of the district in which the land is situated.
2
Any interest of the West Yorkshire Residuary Body in any land below a highway shall vest in the local council.
3
The land described in the Schedule, and all rights and liabilities acquired or incurred exclusively in connection with that land, shall vest in the local council.
Nicholas Ridley
Secretary of State for the Environment
19th April 1988


text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Council of Cambridgeshire that the new highways referred to in article 1 of The A47 Trunk Road (Castor and Ailsworth Bypass and Slip Roads) Order 1988 are open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2E/268 marked “The A47 Trunk Road (Detrunking at Castor and Ailsworth) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road” means the A47 Trunk Road.
3
This Order shall come into force on 3rd October 1988 and may be cited as the A47 Trunk Road (Detrunking at Castor and Ailsworth) Order 1988.
Signed by authority of The Secretary of State
G D Crane
Regional Director Eastern Region
Department of Transport
25th August 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1988 and shall come into force on 5th April 1988.
2
The Merchant Shipping (Fees) Regulations 1987 shall be further amended by replacing in Part V the listed fees set out in column 1 of the Table below by those set out in column 2 of that Table.
Column 1 Column 2
£ £ 150 158 215 227 47 49 83 88
Paul Channon
Secretary of State for Transport
10th March 1988
We approve the making of these Regulations
David Lightbown
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1988


text:
Citation and commencement
1
These Regulations may be cited as the Scottish Milk Marketing Schemes (Amendment) Regulations 1988 and shall come into force on 9th March 1988.
Amendment of the Scottish Milk Marketing Scheme
2
The Scottish Milk Marketing Scheme 1933 shall be further amended —
a
by substituting in section 23(5A) thereof for the words “Subject to subsection (5B)”, the words “Subject to subsections (5AA) and (5B)”;
b
by substituting in section 23(5A) thereof for the final sentence, the following sentence: —
“If whole milk is fractionated and only part of the solid constituents is utilised in the production of any of the commodities specified above, the Joint Committee may negotiate different prices according to the uses of each constituent, except that prices in respect of any constituent shall be set at the same level for all uses which qualify that constituent, or any milk product derived therefrom, for sale to the Intervention Board for Agricultural Produce or for the benefit of any Community aid scheme.”;
c
by inserting after section 23(5A) thereof, the following sub-section: —
5AA
The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose and, without prejudice to the generality of this sub-section, no price shall be differentiated by reason only that the milk or any milk product derived therefrom is intended for export outside the United Kingdom or for sale to the Intervention Board for Agricultural Produce.;
d
by omitting from section 23(5B) thereof the words “The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose, except that”;
e
by substituting for section 23(5E) thereof, the following sub-section: —
5E
Notwithstanding the foregoing provisions of this section, the price of milk sold by the Board shall not be set at such a level that the sale of milk by the Board at that price would contravene Article 9 of Council Regulation ( EEC ) No. 1422/78 or Article 6.2 of Commission Regulation (EEC) No. 1565/79 . In the event of any such contravention or any other failure by the Board to comply with the Community principles, rules or special conditions referred to in Article 10 of Council Regulation (EEC) No. 1422/78 , the Board shall make such adjustment in their arrangements for milk sold or to be sold as shall satisfy the Minister that the effect of such contravention or failure has been counteracted.
Amendment of the Aberdeen and District Milk Marketing Scheme
3
The Aberdeen and District Milk Marketing Scheme 1984 shall be further amended —
a
by substituting in section 25(6) thereof for the words “Subject to subsection (7)”, the words “Subject to subsections (6A) and (7)”;
b
by substituting in section 25(6) thereof for the final sentence, the following sentence: —
If whole milk is fractionated and only part of the solid constituents is utilised in the production of any of the commodities specified above, the Joint Committee may negotiate different prices according to the uses of each constituent, except that prices in respect of any constituent shall be set at the same level for all uses which qualify that constituent, or any milk product derived therefrom, for sale to the Intervention Board for Agricultural Produce or for the benefit of any Community aid scheme.;
c
by inserting after section 25(6) thereof, the following sub-section: —
6A
The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose and, without prejudice to the generality of this sub-section, no price shall be differentiated by reason only that the milk or any milk product derived therefrom is intended for export outside the United Kingdom or for sale to the Intervention Board for Agricultural Produce.;
d
by omitting from section 25(7) thereof the words “The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose, except that”;
e
by substituting for section 25(10) thereof, the following sub-section: —
10
Notwithstanding the foregoing provisions of this section, the price of milk sold by the Board shall not be set at such a level that the sale of milk by the Board at that price would contravene Article 9 of Council Regulation (EEC) No. 1422/78 or Article 6.2 of Commission Regulation (EEC) No. 1565/79 . In the event of any such contravention or any other failure by the Board to comply with the Community principles, rules or special conditions referred to in Article 10 of Council Regulation (EEC) No. 1422/78 , the Board shall make such adjustment in their arrangements for milk sold or to be sold as shall satisfy the Minister that the effect of such contravention or failure has been counteracted.
Amendment of the North of Scotland Milk Marketing Scheme
4
The North of Scotland Milk Marketing Scheme 1934 shall be further amended —
a
by substituting in section 23A(5A) thereof for the words “Subject to subsection (5B)”, the words “Subject to subsections (5AA) and (5B)”;
b
by substituting in section 23A(5A) thereof for the final sentence, the following sentence: —
If whole milk is fractionated and only part of the solid constituents is utilised in the production of any of the commodities specified above, the Joint Committee may negotiate different prices according to the uses of each constituent, except that prices in respect of any constituent shall be set at the same level for all uses which qualify that constituent, or any milk product derived therefrom, for sale to the Intervention Board for Agricultural Produce or for the benefit of any Community aid scheme.;
c
by inserting after section 23A(5A) thereof, the following sub-section: —
5AA
The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose and, without prejudice to the generality of this sub-section, no price shall be differentiated by reason only that the milk or any milk product derived therefrom is intended for export outside the United Kingdom or for sale to the Intervention Board for Agricultural Produce.;
d
by omitting from section 23A(5B) thereof the words “The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose, except that”;
e
by substituting for section 23A(5E) thereof, the following sub-section: —
5E
Notwithstanding the foregoing provisions of this section, the price of milk sold by the Board shall not be set at such a level that the sale of milk by the Board at that price would contravene Article 9 of Council Regulation (EEC) No. 1422/78 or Article 6.2 of Commission Regulation (EEC) No. 1565/79 . In the event of any such contravention or any other failure by the Board to comply with the Community principles, rules or special conditions referred to in Article 10 of Council Regulation (EEC) No. 1422/78 , the Board shall make such adjustment in their arrangements for milk sold or to be sold as shall satisfy the Minister that the effect of such contravention or failure has been counteracted.
Sanderson of Bowden
Minister of State, Scottish Office
New St Andrew’s House,
Edinburgh
4th February 1988


text:
1
This Order may be cited as the Assured Tenancies (Approved Bodies) (No.1) Order 1988 and shall come into force on 11th February 1988.
2
The bodies named in the Schedule to this Order are hereby specified for the purposes of Part II of the Housing Act 1980.
Signed by authority of the Secretary of State
Marion Roe
Parliamentary Under Secretary of State,
Department of the Environment
8th January 1988
Peter Walker
Secretary of State for Wales
11th January 1988


text:
Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 87 of the Financial Services Act 1986 and of all other powers enabling him in that behalf hereby makes the following Order —
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Collective Investment Schemes) Order 1988 and shall come into force on 12th December 1988.
2
The Isle of Man is designated for the purposes of section 87 of the Financial Services Act 1986 in respect of any collective investment scheme managed in and authorised under the law of the Isle of Man which is a scheme of a class specified in the Schedule to this Order.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
17th November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 and shall come into operation on 1st January 1989.
Interpretation
2
In these Regulations: —
“Code” means the Code of Safe Working Practices for Merchant Seamen published in 1978 by Her Majesty’s Stationery Office and any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“competent person” means a person over the age of 18 possessing the knowledge and experience required for the performance of thorough examinations and tests of ships' lifting plant;
“employer” means the person for the time being employing the master;
“fishing vessel” means a vessel for the time being employed in fishing but does not include a vessel used otherwise than for profit;
“freight container” means a container as defined in regulation 2 of the Freight Containers (Safety Convention) Regulations 1984 ;
“hatch covering” includes hatch covers, beams and attached fixtures and fittings;
“lifting appliance” means any ship’s stationary or mobile appliance (and every part thereof including attachments used for anchoring, fixing or supporting that appliance but not including vehicle coupling arrangements) which is used on a ship for the purpose of suspending, raising or lowering loads or moving them from one position to another whilst suspended and includes ship’s lift trucks and similar vehicles; it does not include —
pipes, or gangways; or
screw, belt, bucket or other conveyors;
used for the continuous movement of cargo or people but does include the lifting appliances used to suspend, raise, lower or move any of these items;
survival craft or rescue boat launching and recovery appliances or arrangements; or
pilot hoists.
“lifting gear” means any gear by means of which a load can be attached to a lifting appliance and which does not form an integral part of that appliance or load but does not include pallets, one-trip slings and pre-slung cargo slings, and freight containers;
“lifting plant” includes any lifting appliance or lifting gear;
“master” includes any person in charge of a vessel during the absence of the master but excludes a watchman;
“Merchant Shipping Notice” means a Notice described as such issued by the Secretary of State;
“offshore installation” means any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 ;
“one-trip sling” means a sling which has not previously been used for lifting any other load and is fitted to the load at the commencement of the journey and intended to be disposed of at the destination of that journey;
“pleasure craft” means a vessel primarily used for sport or recreation.
Application
3
1
Subject to paragraph (2) below: —
a
these Regulations other than regulation 14 apply to United Kingdom ships; and
b
regulations 1, 2, 3, 14 and 15 apply to other ships when in a United Kingdom port.
2
These Regulations do not apply to —
a
fishing vessels;
b
pleasure craft;
c
offshore installations whilst on or within 500 metres of their working stations; or
d
ships on which there is for the time being no master or crew or watchman.
2
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Hatches
4
1
Every employer, master and person carrying out the obligations contained in this regulation shall take full account of the principles and guidance in chapter 18 of the Code.
2
The employer and master shall ensure that any hatch covering used on a ship is of sound construction and material, of adequate strength for the purpose for which it is used, free from patent defect and properly maintained.
3
The master shall ensure that
a
a hatch covering is not used unless it can be removed and replaced, whether manually or with mechanical power, without endangering any person, and
b
information showing the correct replacement position is clearly marked, except in so far as hatch coverings are interchangeable or incapable of being incorrectly replaced.
4
The master shall ensure that a hatch is not used unless the hatch covering has been completely removed, or if not completely removed, is properly secured.
5
Except in the event of an emergency endangering health or safety, no person shall operate a hatch covering which is power-operated or a ship’s ramp or a retractable car-deck unless authorised to do so by a responsible ship’s officer.
Lifting Plant
5
Every employer master and any person in carrying out the obligations contained in regulations 6 to 10 of these Regulations shall take full account of the principles and guidance in chapter 17 of the Code.
6
1
The employer and the master shall ensure that any ship’s lifting plant is of good design, of sound construction and material, of adequate strength for the purpose for which it is used, free from patent defect, properly installed or assembled and properly maintained.
2
The master shall ensure that any pallet or similar piece of equipment for supporting loads or lifting attachment which forms an integral part of the load or one-trip sling or pre-slung cargo sling is not used on a ship unless it is of good construction, of adequate strength for the purpose for which it is used and free from patent defect.
3
The employer and master shall ensure that lifting plant is not used other than in a safe and proper manner.
4
Without prejudice to the generality of paragraph (3) of this regulation, the employer and master shall ensure that except for the purpose of carrying out a test under regulation 7, the lifting plant is not loaded in excess of its safe working load.
5
No person shall operate any lifting plant unless he is trained and competent to do so and has been authorised by a responsible ship’s officer.
7
1
The employer and the master shall ensure that no lifting plant is used:
a
after manufacture or installation, or
b
after any repair or modification which is likely to alter the safe working load or affect the lifting plant’s strength or stability,
without first being suitably tested by a competent person except in the case of a rope sling which has been manufactured from rope which has been tested by a competent person and spliced in a safe manner.
2
After 1 January 1993 the employer and the master shall ensure that a lifting appliance is not used unless it has been suitably tested by a competent person within the preceding five years.
8
The employer and the master shall ensure that any lifting plant is not used unless it has been thoroughly examined by a competent person:
a
at least once in the preceding 12 month period; and
b
following a test in accordance with regulation 7.
9
1
The employer and the master shall ensure that each lifting appliance is clearly and legibly marked with its safe working load and a means of identification.
2
The employer and the master shall ensure that any crane that is carried on the ship and whose safe working load varies with its operating radius is fitted with an accurate indicator, clearly visible to the driver, showing the radius of the load lifting attachment at any time and the safe working load corresponding to that radius.
3
The employer and the master shall ensure that each item of lifting gear is clearly and legibly marked with its safe working load and a means of identification, except where such marking is not reasonably practicable, but in such a case a safe working load shall be readily ascertainable by any user.
4
The employer and the master shall ensure that each item of lifting gear which weighs a significant proportion of the safe working load of any lifting appliance with which it is intended to be used is, in addition to the requirement in paragraph (3) of this regulation, clearly marked with its weight.
10
1
The employer and master shall ensure that a certificate or report in a form approved by the Secretary of State is obtained within 28 days following any test under regulation 7 or examination under regulation 8 and is kept in a safe place on board ship for a period of at least 2 years from receipt of the certificate or report of the next following test or examination.
2
Any approval given in pursuance of this regulation shall be in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
11
1
Contravention of regulation 4(1), 4(2), 5, 6(1), 6(3), 6(4), 7, 8, 9 or 10 by an employer shall be an offence punishable on summary conviction by a fine not exceeding £2000 or on conviction on indictment by imprisonment for a term not exceeding 2 years or a fine, or both.
2
Contravention of regulation 4(1), (2), (3) or (4), 5, 6(1), (2), (3), or (4), 7, 8, 9 or 10 by a master shall be an offence punishable only on summary conviction by a fine not exceeding £1000.
3
Contravention of regulation 4(1), 4(5), 5 or 6(5) by any person shall be an offence punishable only on summary conviction by a fine not exceeding £400.
4
It shall be a defence for a person charged in respect of a contravention of any of these Regulations, including a person charged by virtue of regulation 12, to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
12
Where an offence under any of these Regulations is committed, or would have been committed except for the operation of regulation 11(4), by any person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Inspection and detention of a United Kingdom ship
13
Any person duly authorised by the Secretary of State may inspect any ship to which these Regulations apply and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations he may detain the ship until the health and safety of all employees and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection, detention and other measures in respect of ships registered outside the United Kingdom
14
1
Any person duly authorised by the Secretary of State may inspect any ship which is not a United Kingdom ship when the ship is in a United Kingdom port, and if he is satisfied that the ship does not conform to the standards required of United Kingdom ships by these Regulations, he may:
a
send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to safety or health;
i
take such measures as are necessary to rectify those conditions;
ii
detain the ship:
Provided that the measures specified in sub-paragraphs (a) and (b) may be taken only when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
2
If he takes either of the measures specified in paragraph (1)(b), the person duly authorised shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
3
The person duly authorised shall not in exercise of his powers under this regulation detain or delay the ship unreasonably.
Compensation and Enforcement of Detention
15
Section 460(1) and section 692(1) to (3) and (5) of the Merchant Shipping Act 1894 (which relate respectively to liability for costs and compensation for the detention of a ship and enforcing the detention of a ship) shall have effect in relation to a ship detained under these Regulations subject to the following modifications —
a
in section 460(1) the following words shall be omitted —
“by reason of the condition of the ship or the act or default of the owner”
“provisional”
“as an unsafe ship”
“and survey”
“or survey”; and
b
for the words“this Part of this Act” in section 460(1) and“this Act” wherever they appear in section 692(1) to (3), there shall be substituted“the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988”.
Signed by authority of the Secretary of State 21st September 1988
Michael Portillo
Minister of State,
Department of Transport
21st September 1988


text:
Title and commencement
1
These regulations may be cited as the Rate Support Grant (Specified Bodies) Regulations 1988 and shall come into force on 2nd December 1988.
Specified Bodies
2
The following bodies are hereby specified for the purposes of section 56(9)(a) of the Local Government, Planning and Land Act 1980 namely: —
a
The Local Government Training Board;
b
The Fire Services Examinations Board;
c
The Local Authorities' Race Relations Information Exchange;
d
The Local Authority Management Services and Computer Committee ( LAMSAC );
e
The Local Authorities' Conditions of Service Advisory Board;
f
The National Foundation for Educational Research;
g
The Further Education Staff College;
h
The National Institute of Adult Continuing Education;
i
The Local Government International Bureau; and
j
The Local Authorities Co-ordinating Body on Trading Standards.
Revocation
3
The regulations specified in the Schedule to these regulations are hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
8th November 1988
Peter Walker
Secretary of State for Wales
8th November 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Department of Transport (Fees) Order 1988 and shall come into force on 1st April 1988.
2
In this Order “ the Act ” means the Finance (No.2) Act 1987.
2
In relation to each of the powers to fix a fee listed in column 1 of the Tables in Schedule 1 to this Order in respect of the subject matters set out in that column the functions specified for the purposes of section 102(3) of the Act shall, as respects each subject matter, be those functions listed against that power in column 2 of the Tables.
3
In relation to each function listed in column 2 of the Tables in Schedule 1 to this Order as respects a subject matter set out in column 1 the matters specified for the purposes of section 102(4) of the Act shall be such of the matters set out in Schedule 2 to this Order as are listed in column 3 of the Tables against that subject matter.
Paul Channon
Secretary of State for Transport
29th March 1988


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
Amendment of principal regulations
2
For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1987 there shall be substituted the provisions set out in the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
25th February 1988
Peter Walker
Secretary of State for Wales
26th February 1988
Tom King
Secretary of State for Northern Ireland
1st March 1988
Douglas Hurd
Secretary of State for the Home
Department
26th February 1988 (being the Secretary of State concerned with matters relating to the Isle of Man)
We approve,
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1988


text:
Citation
1
This Order may be cited as the Health and Medicines Act 1988 (Commencement No. 1) Order 1988.
Appointed day
2
1st January 1989 is the day appointed for the coming into force of section 11(7) of the Health and Medicines Act 1988 and of section 25(2) of that Act so far as it relates to the following enactments: —
a
in section 79(1) of the National Health Service Act 1977 , paragraph (d) and the word“or” immediately preceding it;
b
in section 71(1) of the National Health Service (Scotland) Act 1978 , paragraph (d) and the word“or” immediately preceding it.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
1st December 1988


text:
Citation and commencement
1
This Order may be cited as the Personal Pension Schemes (Establishment of Schemes) Order 1988 and shall come into force on 1st July 1988.
Interpretation
2
In this Order“ the Act ” means the Income and Corporation Taxes Act 1988.
Amendments to the Act
3
In section 632(1) of the Act —
a
after paragraph (b) there shall be inserted —
bb
a pension company within the meaning of the Building Societies (Designation of Pension Companies) Order 1987 which is an associate of a building society within the meaning of section 18(17) of the Building Societies Act 1986 ;
; and
b
after paragraph (c) there shall be inserted —
cc
a body corporate which is a subsidiary or holding company of an institution authorised under the Banking Act 1987 , or is a subsidiary of the holding company of such an institution;
.
4
After section 632(2) of the Act there shall be inserted —
2A
In subsection 1(cc) above“holding company” and“subsidiary” are to be construed in accordance with section 736 of the Companies Act 1985 or Article 4 of the Companies (Northern Ireland) Order 1986 .
.
Michael Neubert
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
7th June 1988


text:
Citation and commencement
1
This Order may be cited as the Teignmouth (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the Authority” means the Teignmouth Harbour Commission;
“the Harbour” has the same meaning as in the Teignmouth Harbour Order 1924;
“signed plan” means the plan signed in triplicate by an Under Secretary in 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 Authority situated at 2 — 5 Orchard Gardens, Teignmouth, Devon, TQ14 8DR.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Authority shall have jurisdiction for the purposes of pilotage under Part 1 of the Pilotage Act 1987 shall include that part of the River Teign below Shaldon Bridge which includes the Harbour, and so much of the area outside the Harbour as lies within that area of sea foreshore and land, and being part of the sea with all harbours and tidal waters within a distance of a radius of two nautical miles from the Ness point at Shaldon in position longitude 50° 32'.2 N, latitude 03° 29'.7 W, which area is shown coloured pink on the signed plan.
Signed by authority of the Secretary of State
J.W.S. Dempster
An Under Secretary in the
Department of Transport
18th August 1988


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 1 Order 1986) (Amendment) Order 1988 and shall come into force on 18th March 1988.
2
The Protection of Wrecks (Designation No. 1) Order 1986 shall be amended by the substitution in article 2(2) of“100 metres” for“50 metres”.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
19th February 1988


text:
This Order may be cited as the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council 1988, and shall come into force on 15th January 1989.
The General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council 1980 is hereby revoked.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Definitions of Unit Trust Scheme) Regulations 1988 and shall come into force on 11th March 1988.
Interpretation
2
In these Regulations unless the context otherwise requires —
“limited partnership” means a limited partnership registered under the Limited Partnerships Act 1907 and“general partner” and“limited partner” have the same meanings as in that Act;
“limited partnership scheme” means a unit trust scheme of the description specified in regulation 4;
“Part III” means Part III of the Finance (No. 2) Act (Northern Ireland) 1946;
“Part VII” means Part VII of the Finance Act 1946;
“participant” in relation to a unit trust scheme, has the meaning given by section 75(2) of the Financial Services Act 1986 ;
“scheme property” means, in relation to a unit trust scheme, property of any description, including money, which is held on trust for the participants in the scheme;
“unit trust scheme” means a scheme which, apart from these Regulations, is a unit trust scheme for the purposes of Part VII or Part III as the case may be.
Exception of certain unit trust schemes from Part VII and Part III
3
A unit trust scheme which is —
a
a limited partnership scheme, or
b
a profit sharing scheme which has been approved in accordance with Part I of Schedule 9 to the Finance Act 1978 ,
shall be treated as not being a unit trust scheme for the purposes of Part VII or Part III as the case may be.
Description of a limited partnership scheme
4
A unit trust scheme is a limited partnership scheme when the scheme property is held on trust for the general partners and the limited partners in a limited partnership.
David Lightbown
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Berry Head and Berry Head (Southern Redoubt) (Areas of Special Protection) (Amendment) Order 1988 and shall come into force on 26th August 1988.
2
In this Order,“the 1984 Order ” means the Berry Head and Berry Head (Southern Redoubt) (Areas of Special Protection) Order 1984 .
Amendments to the 1984 Order
2
The following amendments shall be made to the 1984 Order —
a
in article 1(2), after the definition of“the Berry Head (Southern Redoubt) Area of Special Protection” there shall be inserted the following definition:
“the Berry Head (Coastal Waters) Area of Special Protection” means the area specified in paragraph 3 of the Schedule hereto;
b
in article 1(2), after the definition of“the deposited map” there shall be inserted the following definition:
“the second deposited map” means the map marked“Map referred to in the Berry Head and Berry Head (Southern Redoubt) (Areas of Special Protection) (Amendment) Order 1988” and signed by an Under Secretary in the Department of the Environment, which has been prepared in duplicate and of which one duplicate has been deposited and is available for inspection at the offices of the Torbay Borough Council, and the other has been deposited and is available for inspection at the offices of the Secretary of State for the Environment.
c
in article 3, after the words“the Berry Head (Southern Redoubt) Area of Special Protection” there shall be inserted the words“or the Berry Head (Coastal Waters) Area of Special Protection”;
d
in the Schedule, the following paragraph shall be added:
3
That part of the coastal waters lying off Berry Head and the Southern Redoubt shown coloured blue and edged blue on the second deposited map.
Signed by authority of the Secretary of State
An Under Secretary in the
Department of the Environment
17th August 1988


text:
1
The length of trunk road at Trimley St Martin in the District of Suffolk Coastal in the County of Suffolk forming the Kirton Road Roundabout and shown by broad striped hatching on the deposited plan shall cease to be as a classified trunk road and shall be a classified road as from the date when this Order comes into force.
2
In this Order: —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2E/275 marked “The A45 Felixstowe-Weedon Trunk Road (Kirton Road Roundabout Trimley St Martin) Detrunking Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road” means the A45 Felixstowe-Weedon Trunk Road.
3
This Order shall come into force on 17th February 1988 and may be cited as the A45 Felixstowe-Weedon Trunk Road (Kirton Road Roundabout Trimley St Martin) Detrunking Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
29th January 1988


text:
1
This Order may be cited as the Multilateral Investment Guarantee Agency (Overseas Territories) (Amendment) Order 1988 and shall come into force on 1st September 1988.
2
The Multilateral Investment Guarantee Agency (Overseas Territories) Order 1988 shall be amended by the addition of the British Virgin Islands, St Helena and the Turks and Caicos Islands to the Territories specified in Schedule 2 to that Order.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Tyne and Wear Residuary Body (Winding Up) (Amendment) Order 1988 and shall come into force on 10th October 1988.
2
In article 11 of the Tyne and Wear Residuary Body (Winding Up) Order 1988 there shall be inserted before the figures “1988” the words “31st October”.
Nicholas Ridley
Secretary of State for the Environment
21st September 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988 and shall come into force on the fourteenth day after the day on which it is made.
2
In this Order the “ principal Order ” means the Redundancy Payments (Local Government) (Modification) Order 1983 .
Amendments to the principal Order
2
The principal Order shall be amended as follows —
a
In article 1(2)(a) after the second reference to “the 1978 Act” add — “or, in relation to any person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988, any event occurring on or after the coming into force of that Order on the happening of which an employee may become entitled to a redundancy payment in accordance with the provisions of the 1978 Act.”
b
In article 4(3) after “paragraph (4)” add — “and (5).”
c
After article 4(4) add —
5
Where a period of employment of a person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988 falls to be computed in accordance with the provisions of the 1978 Act as modified by this Order, the provisions of this Order shall have effect in relation to any period whether falling wholly or partly before or after the coming into force of that Order.
d
In Schedule 1 after entry 59 there shall be added —
60
The National Advisory Body for Public Sector Higher Education.
61
The Further Education Staff College.
62
The Centre for Information on Language Teaching and Research.
63
The National Institute of Adult Continuing Education (England and Wales).
64
The Scottish Museums Council.
65
The Scottish Community Education Council.
66
The Scottish Vocational Education Council.
67
The Scottish Examination Board.
68
Newbattle Abbey College.
69
National Mobility Services Trust Limited.
70
The Board of Trustees of The National Museums and Galleries on Merseyside.
71
The South Yorkshire Pensions Authority.
e
In the Appendix to Schedule 2 there shall be added —
25
The Scottish Technical Education Council.
26
The Scottish Business Education Council.
27
The Scottish Association for National Certificates and Diplomas.
28
The Scottish Council for Commercial, Administrative and Professional Education.
29
The Secretary of State for Education and Science, in relation only to teachers employed under contract in the European School established under Article 1 of the Statute of the European School and in schools designated as European Schools under Article 1 of the Protocol to that Statute.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
19th May 1988


text:
1
This Order may be cited as the Gipsy Encampments (District of Shepway) Order 1988 and shall come into force on 7th April 1988.
2
The area of the District of Shepway is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
9th March 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West Water Authority (Knowsley Park Water Mains) Order 1988 and shall come into force on the 31st March 1988.
2
The North West Water Authority (Wilmslow and Alderley Edge) Order 1988 and this Order shall be included among the enactments which may be cited together as the North West Water Authority Orders 1974 to 1988.
3
In this Order —
“the Authority” means the North West Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the North West Water Authority (Knowsley Park Water Mains) Order 1988”, one duplicate of which is deposited and is available for inspection at the offices of the Authority and the other at the offices of the Secretary of State for the Environment;
“the Knowsley Park Water Mains” means the water mains and associated apparatus laid in the part of the Estate of the Earl of Derby known as Knowsley Park in the Parish of Knowsley in the County of Merseyside, the approximate positions of which are shown by lines coloured red on the deposited plan;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to acquire, continue and maintain mains
2
1
The Authority may acquire by agreement the Knowsley Park Water Mains or any part thereof, and may continue and maintain any pipes and apparatus so acquired.
2
Any parts of the Knowsley Park Water Mains acquired by the Authority in pursuance of this Order shall for all purposes form part of the undertaking.
Application of section 94 of the Third Schedule
3
Section 94 of the Third Schedule to the Water Act 1945 (copies of special Act to be kept by undertakers in their office, and deposited with certain officers) shall apply to the undertaking and is hereby incorporated with this Order.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
30th March 1988


text:
1
This Order may be cited as the Bermuda (Territorial Sea) Order in Council 1988 and shall come into force on 28th November 1988.
2
The boundaries of Bermuda are hereby extended to include, as territorial sea, that part of the sea which is situated within twelve nautical miles measured from the baselines as established by Article 3 of this Order, together with the seabed of the territorial sea and its subsoil.
3
1
Except as otherwise provided in paragraphs (2) to (4) of this Article, the baseline from which the breadth of the territorial sea adjacent to Bermuda is measured shall be the low water line along the coast including the coast of all islands comprised in the Colony of Bermuda.
2
For the purposes of this Article a low-tide elevation which lies wholly or partly within the breadth of sea which would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth thereof and if paragraphs (3) and (4) of this Article were omitted shall be treated as an island.
3
The baseline from which the breadth of the territorial sea is measured between a point on the coast at 32°15.2'N64°52.3'W inshore of Hogfish Cut and a point on the coast at 32°22.7'N64°39.7'W inshore of Town Cut, subject to paragraph 4 of this Article, shall be a line following, in a clockwise direction, the seaward limit of the highest areas, shown as awash on Admiralty Chart 334, of the main reef surrounding the area of deeper water to the west and north of the main group of islands of Bermuda.
4
Where there is a break or passage through the main reef referred to in paragraph (3) of this Article, a straight line joining the seaward entrance points of that break or passage shall constitute the baseline.
5
In this Article —
the expression “island” means a naturally formed area of land surrounded by water which is above water at mean high-water spring tides; and
the expression “low-tide elevation” means a naturally formed area of drying land surrounded by water which is below water at mean high-water spring tides.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Local Government Reorganisation (Capital Money) (Greater London) (Amendment) Order 1988 and shall come into force on 12th January 1989.
2
The Local Government Reorganisation (Capital Money) (Greater London) Order 1988 is amended by the substitution of the words“£70 millions” for the words“£20 millions” —
a
in the definition of“A” in paragraph 3 of Schedule 1; and
b
in the definition of“R” in paragraph 2 of Schedule 3.
Signed by authority of the Secretary of State
John Selwyn Gummer
Minister of State
Department of the Environment
14th December 1988


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Registered Housing Associations (Accounting Requirements) Order 1988, and shall come into force on 1st April 1988.
2
Subject to article 3 of this Order, the Registered Housing Associations (Accounting Requirements) Order 1982 , the Registered Housing Associations (Accounting Requirements for Almshouses) Order 1983 and the Registered Housing Associations (Limited Accounting Requirements) Order 1984 are hereby revoked.
Interpretation
2
In this Order, unless the context otherwise requires–
“the 1965 Act ” means the Industrial and Provident Societies Act 1965 ;
“the 1968 Act ” means the Friendly and Industrial and Provident Societies Act 1968 ;
“the 1985 Act ” means the Housing Associations Act 1985;
“accounts” means the balance sheet, the income and expenditure account, the statement of source and application of funds and additional financial statements required by this Order, and notes to the accounts;
“almshouse” means a corporation or body of persons which is a charity and which is prevented by its rules or constituent instrument from granting tenancies of dwellings occupied for the purposes of the charity;
“association” means a registered housing association within the meaning of the 1985 Act;
“1965 Act society” means an association which is registered under the 1965 Act;
“balance sheet” means the balance sheet required for the purposes of section 39(1) of the 1965 Act or, as the case may be, paragraph 2(1) of Schedule 3 to the 1985 Act;
“balance sheet date” means the date on which the period of account ends;
“co-ownership society” means a 1965 Act society in the case of which–
the rules of the society restrict membership to persons who are tenants or prospective tenants of the association and preclude the granting or assignment (or, in Scotland, assignation) of tenancies to persons other than members, and
each tenant (or his personal representatives) will, under the terms of the tenancy agreement or of the agreement under which he became a member of the society, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of his housing accommodation;
“grant for rent phasing” means as much of the housing association grant for a project as does not exceed the amount, taken into account in the calculation of that grant, which relates to the inability of the association to recover the full amount of the fair rent registered under Part VI of the Rent Act 1977 or, in Scotland, Part VI of the Rent (Scotland) Act 1984 by reason of the provisions thereof;
“housing cost and finance statement” means the statement required by article 8(c) of this Order;
“housing land” means land and buildings held by an association for the purpose of providing housing accommodation (including accommodation to be provided by disposal on sale or on lease);
“income and expenditure account” means the revenue account required for the purposes of section 3(2) of the 1968 Act or, as the case may be, paragraph 2(1) of Schedule 3 to the 1985 Act;
“large association” means, in relation to a period of account, an association which on the day when that period begins, is providing more than 250 units of accommodation;
“long lease” means a lease the unexpired term of which at the balance sheet date is not less than 50 years and, in Scotland, includes a lease which is the subject of a decree under Section 9(4) of the Land Tenure Reform (Scotland) Act 1974 ;
“managing body” means–
in relation to a 1965 Act society, the committee of management or other directing body of the society;
in relation to a charity which is a company within the meaning of the Companies Act 1985 , the board of directors of the company;
in relation to any other charity, the trustees of the charity;
“notes to the accounts” means notes to the balance sheet, the income and expenditure account, the statement of source and application of funds and the additional financial statements required by this Order;
“period of account” means the period to which the income and expenditure account relates;
“property equity account” means an account showing the extent to which the association’s capital expenditure on its property has been financed from its own resources;
“property revenue account” means the account required by article 8(a) of this Order;
“public authority” means any body of persons authorised by or under any Act to carry on a railway, dock, water or other public undertaking;
“rent”, in relation to housing accommodation, includes any sum payable for or in consideration of the use or occupation of that accommodation;
“small association” means, in relation to a period of account, an association which, on the day when that period begins, is providing 250 or less units of accommodation;
“unit of accommodation” means, in the case of a hostel, the accommodation provided for one individual, and in any other case, a dwelling; and
“vacant accommodation” means housing accommodation available for occupation which has been vacant at any time during the period of account.
Application
3
This Order applies in relation to the accounts of every association in respect of any period of account commencing on or after the date when this Order comes into force; and in respect of any earlier period of account, the Orders revoked by this Order shall apply as if those Orders had not been revoked.
General accounting requirements
4
1
The accounts of every large association and every co-ownership society shall comply–
a
if the association is not an almshouse, with the requirements contained in this Order except Schedule 7 hereto;
b
if the association is an almshouse, with the requirements contained in this Order except articles 6, 7 and 8 and Schedules 2 to 7 hereto.
2
The accounts of every small association which is not a co-ownership society shall comply either with the requirements specified in paragraph (1)(a) or (b) of this article (as appropriate) or with those requirements amended by Schedule 7 to this Order.
3
Nothing in this Order shall prejudice or affect the duties imposed by section 3(1) of the 1968 Act or, as the case may be, paragraph 2 of Schedule 3 to the 1985 Act insofar as they require a true and fair view to be given of the state of affairs of an association and of its income and expenditure; and accordingly where it is necessary to depart from the requirements of this Order so as to give such a true and fair view–
a
nothing in this Order shall prevent such a departure from those requirements, but
b
the fact of any such departure, the reasons for it and its effect shall be recorded in the notes to the accounts of the association.
4
Nothing in this Order shall prevent the accounts of an association from giving more information than is required by this Order.
5
Save for the information required to be shown in accordance with Part I of Schedule 1 to this Order, paragraph 12 of Part II of Schedule 1 to this Order and paragraph 14(f) to (i) of Part III of Schedule 1 to this Order, amounts which in the particular context of any provision of this Order are not material may be disregarded for the purposes of that provision.
6
Any requirement in this Order to prepare information in a specified form shall be satisfied if it is prepared in a form substantially to the like effect.erial may be disregarded for the purposes of that provision.
6
Any requirement in this Order to prepare information in a specified form shall be satisfied if it is prepared in a form substantially to the like effect.
Balance sheet and notes to the accounts
5
1
The information referred to in Part I of Schedule 1 to this Order shall be shown, in the manner thereby required, in the balance sheet.
2
The information referred to in Part II of Schedule 1 to this Order shall be shown, in the manner thereby required, in the balance sheet or in notes to the accounts.
3
The information referred to in Part III of Schedule 1 to this Order shall be shown, in the manner thereby required, in notes to the accounts.
Income and expenditure account
6
The income and expenditure account of an association–
a
which is not a co-ownership society, shall be in the form set out in Schedule 2 to this Order;
b
which is a co-ownership society, shall be in the form set out in Schedule 3 to this Order.
Preparation of statement of source and application of funds
7
An association shall prepare a statement of source and application of funds which shall show the disposition during the period of account and the previous period of account of all funds received or receivable by the association in each period, and the sources thereof.
Preparation of additional financial statements
8
In addition to the balance sheet, income and expenditure account, statement of source and application of funds, notes to the accounts and any other accounts which it is required to prepare apart from this Order, an association shall prepare the following additional financial statements–
a
unless it is a co-ownership society, a property revenue account in the form set out in Schedule 4 to this Order;
b
unless it is a co-ownership society, a statement of housing administration costs in the form set out in Schedule 5 to this Order; and
c
if it is a co-ownership society, a statement showing the cost of the housing accommodation of the society and the finance thereof (“the housing cost and finance statement”) in the form set out in Schedule 6 to this Order.
Method of distinguishing housing activities in the accounts
9
1
Where an association undertakes any activities which are not housing activities the method by which that association shall distinguish in its accounts between its housing activities and other activities shall be as set out in paragraph (2) of this article.
2
The method shall be–
a
to identify those items which relate solely to housing activities; and
b
to apportion those items which relate to housing and other activities.
Constitution of the Grant Redemption Fund
10
1
The Grant Redemption Fund of an association shall be constituted and shown in the accounts according to the method set out in this article, and in this article “Fund” means Grant Redemption Fund.
2
The surpluses calculated in the manner determined by the Secretary of State under section 53(3) of the 1985 Act shall be shown as such in the property revenue account or, in the case of a co-ownership society or almshouse, in the income and expenditure account of the association.
3
The Fund shall be shown in the balance sheet, and the sums shown under paragraph (2) of this article shall be transferred to that Fund.
4
Where sums stand in the Fund in respect of previous periods, they shall be accumulated with any sums transferred to the Fund in respect of the period of account.
Nicholas Ridley
Secretary of State for the Environment
1st March 1988
Peter Walker
Secretary of State for Wales
2nd March 1988
Malcolm Rifkind
Secretary of State for Scotland
4th March 1988


text:
Citation and commencement
1
This Order may be cited as the Weymouth and Portland (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the authority” means the Borough Council of Weymouth and Portland;
“the Harbour” has the same meaning as in the Weymouth Harbour Byelaws made under section 41 Weymouth and Melcombe Regis Corporation Act 1887 , namely the tidal inlet of the sea known as Weymouth Harbour and so much of the area seaward thereof as is referred to in section 8 of the Weymouth and Melcombe Regis Corporation Act 1887 as shown on the map annexed to those byelaws.
“signed plan” means the plan signed in triplicate by an Under Secretary in 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 Authority situated in North Quay, Weymouth, Dorset, DT4 8TA.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the 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 outside the Harbour as lies to the west of a line joining Grove Point (Portland, latitude 50°32'.922 N, longitude 02°24'.867 W and White Nothe, latitude 50°37'.450 N, longitude 02°19'.317 W.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
29th September 1988