text:
Citation and commencement
1
1
These Regulations may be cited as the Fishing Vessels (Life-Saving Appliances) Regulations 1988.
2
These Regulations shall come into force as follows —
a
Regulations 1, 2, 4, 6, 7 and 8 on 15th February 1988;
b
Regulations 3 and 5 as follows —
i
On 15th April 1988 for —
all vessels of 21 metres in length and over whenever constructed; and
vessels of 12 metres in length and over but less than 21 metres in length if constructed on or after 15th April 1988;
ii
on 15th July 1988 for vessels of 18 metres in length and over but less than 21 metres in length constructed before 15th April 1988;
iii
on 15th October 1988 for vessels of 15 metres in length and over but less than 18 metres in length constructed before 15th April 1988;
iv
on 15th January 1989 for vessels of 12 metres in length and over but less than 15 metres in length constructed before 15th April 1988.
Interpretation, application
2
1
In these Regulations —
“constructed” in respect of a vessel means a stage of construction where —
a
the keel is laid; or
b
construction identifiable with a specific vessel begins; or
c
assembly of that vessel has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is less;
“ EPIRB ” means Emergency Position-Indicating Radio Beacon;
“expiry date” in relation to any source of energy means the expiry date marked on that source of energy;
“fishing vessel” means a vessel which is for the time being used for or in connection with sea fishing but does not include a vessel used for fishing other than for profit;
“float-free arrangement” means an arrangement for the launching of safety equipment whereby the equipment is automatically released from a sinking vessel;
“length” means the registered length shown on the vessel’s certificate of registry;
“person” means a person over the age of one year;
“survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship;
and “United Kingdom fishing vessel” means a fishing vessel which is a United Kingdom ship.
2
A reference in these Regulations to any British Standard or specification shall include a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
3
In these Regulations a reference to a numbered schedule is a reference to the schedule of that number of these Regulations.
4
These Regulations apply to United Kingdom fishing vessels.
Emergency Position-Indicating Radio Beacon
3
1
Every fishing vessel of 12 metres in length and over shall carry an EPIRB capable of operating on the frequency of 406MHz: provided that in place of this requirement until 15th April 1992 the Secretary of State may permit the carriage of an EPIRB not capable of operating on the frequency of 406 MHz , if the EPIRB was installed before 15th March 1988.
2
Each EPIRB required to be carried by paragraph (1) above shall —
a
be fitted to the vessel —
i
mounted on a float-free arrangement whose operation will activate the EPIRB; and
ii
in such a position that it is protected from possible damage and can easily be removed from its mounting and placed in any survival craft —
Provided that the Secretary of State may in place of the above requirement permit an EPIRB to be fitted in each of the inflatable liferafts required to be carried on vessels of 12 metres and over if he is satisfied that the arrangements for stowage and activation are at least as effective as being mounted on a float-free arrangement;
b
have its source of energy replaced whenever necessary and at least before the expiry date shown on the source of energy;
c
as far as practicable, be in a condition capable of operation at all times when the vessel is at sea or proceeding to sea;
d
conform to relevant performance specifications issued by the Department of Trade and Industry, as specified in Department of Transport Merchant Shipping Notice No. M1291; and those specifications shall include a reference to any document amending the same which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
Lifejackets and lifejacket lights
4
1
A fishing vessel of less than 12 metres in length shall carry lifejackets suitable for each person weighing 32 kg or more on board, and lifejackets suitable for each person weighing less than 32 kg on board and there shall be carried in addition —
a
if lifejackets of different sizes are required to be carried, at least one extra lifejacket of each size;
b
otherwise, one extra lifejacket if there are 10 or fewer persons and two extra lifejackets if there are 11 or more.
2
All lifejackets carried shall comply either with Part I or Part II of Schedule 1.
3
Each lifejacket required by paragraph (1) above to be carried shall be fitted with a lifejacket light complying with Schedule 2.
Liferaft float-free arrangments
5
1
The liferafts required by the Fishing Vessels (Safety Provisions) Rules 1975 to be carried by a fishing vessel of 12 metres in length and over shall be secured in such a way that they are automatically released and be float-free if the vessel sinks.
2
The arrangements required by paragraph (1) above shall be such that every liferaft carried is stowed —
a
with its painter permanently attached to the vessel and with a float-free arrangement complying with the requirements of Schedule 3 so that the liferaft floats free and, if inflatable, inflates automatically when the vessel sinks, and
b
to permit manual release from its securing arrangements.
Equivalents and exemptions
6
1
Where these Regulations require that a particular device, mechanism, material, appliance, standard, or type thereof, shall be fitted and carried in the vessel, or that any particular provision should be made, the Secretary of State may permit any other device, mechanism, material, appliance, standard, or type thereof, to be fitted or carried, or any other provision to be made in that ship if he is satisfied by trial thereof or otherwise that such other device, mechanism, material, appliance, standard or type thereof, or provision is at least as effective as that required by these Regulations.
2
The Secretary of State may exempt any vessel or description of vessel from all or any of the provisons of these Regulations (as may be specified in the exemption) if he is satisfied that compliance with such provision is either impracticable or unreasonable in the case of that vessel or description of vessels on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Power to detain
7
In any case where a vessel does not comply with the requirements of these Regulations, the vessel shall be liable to be detained and section 692(1)-(3) of the Merchant Shipping Act 1894 (which relates to the detention of a vessel) shall have effect in relation to the vessel, subject to the modification that for the words “this Act” wherever they appear, there were substituted “the Fishing Vessels (Life-Saving Appliances) Regulations 1988”.
Penalties
8
1
If a vessel to which these Regulations apply proceeds to sea without complying with the requirements of regulations 3 or 5, the owner and skipper of the vessel shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £2000.
2
If a vessel to which these Regulations apply proceeds to sea without complying with the requirements of regulation 4, the owner and skipper of the vessel shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £500.
3
It shall be a defence to a charge under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.
Signed by authority of the Secretary of State.
David B. Mitchell
Minister of State,
Department of Transport
18th January 1988


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Legal Aid in Criminal Proceedings (General) (Amendment) Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations, a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Aid in Criminal Proceedings (General) Regulations 1968 .
2
For regulation 19(2) and (3), there shall be substituted the following —
2
The court or the proper officer of the court shall not determine disposable income and disposable capital where the applicant, the legally assisted person or the appropriate contributor is in receipt of supplementary benefit, income support or family credit, unless he is required to make a redetermination under regulation 25A below.
3
Subject to paragraph (2), the applicant, the legally assisted person or the appropriate contributor shall make a contribution —
a
if his disposable income exceeds the average weekly sum of £50, of such an amount as shall be determined by the proper officer in accordance with the Third Schedule; and
b
if his disposable capital exceeds £3,000, of such an amount as is equal to the excess.
.
3
For regulation 25A, there shall be substituted the following —
Redetermination of contribution
25A
The court or the proper officer of the court shall redetermine the amount of any contribution payable by a legally assisted person or an appropriate contributor under a legal aid order where —
a
further information has become available as to the amounts of disposable income and disposable capital available at the time when the legal aid contribution order was made; or
b
the circumstances upon which the disposable income or disposable capital were determined at the time when the legal aid contribution order was made have altered within the contribution period so that —
i
his disposable income may have increased by an amount greater than £400 or decreased by an amount greater than £200; or
ii
his disposable capital may have increased by an amount greater than £200; or
c
the legally assisted person or an appropriate contributor has ceased to receive supplementary benefit, income support or family credit, as the case may be;
unless it appears to be unlikely that any significant change in the liability to make a contribution would result from such a redetermination, and shall vary or revoke the legal aid contribution order accordingly.
.
4
For regulation 25E, there shall be substituted the following —
Termination of contribution period
25E
1
Where the contribution period has not ended and —
a
the court remits any sum due under a legal aid contribution order which falls to be paid after the conclusion of the relevant proceedings;
b
the legally assisted person is sentenced to an immediate term of imprisonment or a sentence of youth custody or detention in a detention centre, or
c
the legally assisted person or an appropriate contributor begins to receive supplementary benefit, income support or family credit (in this regulation referred to as“income-related benefits”),
the contribution period shall be deemed to have ended on the date of that remission or sentence or on the date receipt of income-related benefits commenced.
2
The court making any such remission or passing any such sentence shall inform the collecting court that the contribution period is to be deemed to have ended on the date of that remission or sentence.
3
Without prejudice to regulation 24, the legally assisted person or appropriate contributor shall inform the collecting court of the date on which receipt of income-related benefits commenced.
.
5
Regulation 26A shall be amended by substituting, for the words“the 1982 Regulations”, the words“the 1988 Regulations”.
6
Regulation 31(1) shall be amended as follows —
a
in the definition of“appropriate authority”, for the words“the 1982 Regulations”, there shall be substituted the words“the 1988 Regulations”;
b
after the definition of“disposable income”, there shall be inserted the following definition — “‘family credit’ means family credit under the Social Security Act 1986;” ;
c
after the definition of“guardian”, there shall be inserted the following definition — “‘income support’ means income support under the Social Security Act 1986;”;
d
for the definition of“the 1982 Regulations”, there shall be substituted the following definition — “‘the 1988 Regulations’ means the Legal Aid in Criminal Proceedings (Costs) Regulations 1988;” .
7
Form 5 in the Schedule shall be amended as follows —
a
for questions 1 and 2 of Section 3 Part A, there shall be substituted the following —
.
b
question 3 of Section 3 Part A shall be renumbered question 2;
c
for Section 6, there shall be substituted the following —
.
8
For rule 3 of Part II of the Second Schedule, there shall be substituted the following —
3
In computing disposable income there shall be disregarded —
a
attendance allowance paid under the Social Security Acts 1975 — 1986;
b
mobility allowance paid under the Social Security Acts 1975 — 1986;
c
any rebate or allowance paid under Part II of the Social Security and Housing Benefits Act 1982 and any rate rebate;
d
constant attendance allowance paid as an increase to a disablement pension under section 61 of the Social Security Act 1975 ;
e
housing benefit paid under the Social Security Act 1986; and
f
payments made out of the social fund under section 32 of the Social Security Act 1986.
.
9
For rule 4(d) of Part II of the Second Schedule, there shall be substituted the following —
d
the amount of any contribution paid, whether under a legal obligation or not, to an occupational pension scheme within the meaning of the Social Security Pensions Act 1975 or to a personal pension scheme within the meaning of the Social Security Act 1986; and
.
10
For rule 5(3) of Part II of the Second Schedule, there shall be substituted the following —
3
Where any amount of the rent or rates is met by a rebate or allowance under Part II of the Social Security and Housing Benefits Act 1982, or by housing benefit under the Social Security Act 1986, or by any rate rebate, the amount so met shall be deducted from the rent to be considered under paragraph (1) of this rule.
.
11
For rule 7(1)(b) of Part II of the Second Schedule, there shall be substituted the following —
b
in the case of a dependent child or a dependent relative, at the rate equivalent to 25 per cent above the amount specified for the time being in paragraph 2 of Part I of Schedule 2 to the Income Support (General) Regulations 1987 appropriate to the age of the child or relative;
.
12
For rule 2(c) of Part III of the Second Schedule, there shall be substituted the following —
c
any savings of mobility allowance paid under the Social Security Act 1975 which the person concerned intends to use in connection with mobility;
d
for a period not exceeding 12 months from the date of receipt, any arrears of —
i
attendance or mobility allowance paid under the Social Security Act 1975; and
ii
supplementary benefit or income support; and
e
any payments made out of the social fund under section 32 of the Social Security Act 1986.
.
13
For the sums specified in the Third Schedule, there shall be substituted the following sums —
Exceeding £50 but not exceeding £56 £1 Exceeding £56 but not exceeding £60 £2 Exceeding £60 but not exceeding £64 £3 Exceeding £64 but not exceeding £68 £4 Exceeding £68 but not exceeding £72 £5 Exceeding £72 but not exceeding £76 £6 Exceeding £76 but not exceeding £80 £7
,
and the weekly instalment of contribution shall be increased by £1 for each £4 or part of £4 by which average weekly disposable income exceeds £80.
Mackay of Clashfern, C.
Dated 8th March 1988
We concur,
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1988


text:
Title and Commencement
1
This Order may be cited as the Precept Limitation (Prescribed Maximum) (Greater Manchester 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 Greater Manchester Passenger Transport Authority the amount of 15.58 pence in the pound.
Paul Channon
Secretary of State for Transport
10th February 1988


text:
Citation and commencement
1
1
This Order may be cited as the Workington (Pilotage) Harbour Revision Order 1988, and shall come into force on 1st October 1988.
2
The Workington Harbour Acts 1957 and 1974 and this Order may be cited together as the Workington Harbour Acts and Order 1957 to 1988.
Interpretation
2
In this Order —
“the Council” means Cumbria County Council;
“the harbour” means the port and harbour of Workington within the limits of the harbour prescribed by section 12 (Harbour limits) of the Workington Harbour and Dock (Transfer) Act 1957; and
“the 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 Council situated at The Courts, Carlisle.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Council shall have jurisdiction for the purposes of pilotage under Part I 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 within the following imaginary straight lines —
a
a line drawn due west (true) from the level of water at highest astronomical tide south of the harbour entrance on latitude 54°37 N to a point at longitude 3°37.3' W;
b
a line drawn from that point northwards to a position latitude 54°39.1' N longitude 3°36.3' W being a point one nautical mile due west of Workington South Pier Head in longitude 3°34'.6 W;
c
a line drawn northwards from that point to a position latitude 54°41 N longitude 3°35.3' W;
d
a line drawn due east (true) on latitude 54°41 N from the last mentioned position to the level of water at highest astronomical tide north of the harbour entrance.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
19th September 1988


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) (No. 2) Order 1988 and shall come into force on 6th August 1988.
2
For the purposes of section 160 of, and Schedule 7 to, the Income and Corporation Taxes Act 1988 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 12 per cent. per annum.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
1
1
This Order may be cited as the Antarctic Treaty (Agreed Measures) (No. 2) Order 1988.
2
This Order shall come into force on the day after the day on which it is made.
2
In this Order “ the Act ” means the Antarctic Treaty Act 1967.
3
1
No person to whom this article applies shall, except as permitted by or under this Order, enter into a specially protected area.
2
Subject to paragraph (3) of this article, this article applies to any person who is for the time being —
a
a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or
b
a person who under the British Nationality Act 1981 is a British subject; or
c
a British protected person (within the meaning of that Act); or
d
a person who under the Hong Kong Act 1985 is a British National (Overseas).
3
This article does not apply to any person to whom section 1 of the Act does not apply by virtue of subsection (4) of that section.
4
Any person who does anything in contravention of this article shall be guilty of an offence.
5
Paragraph (1) of this article shall not be taken to be contravened in the circumstances provided for in section 2 of the Act.
4
1
The Secretary of State may issue in respect of any person to whom article 3 of this Order applies a permit authorising him to enter into a specially protected area.
2
The provisions of subsections (2) to (8) of section 3 of the Act shall apply in respect of such a permit as if it were a permit issued under that section.
3
Any person who —
a
fails to comply with a requirement imposed on him by a permit in accordance with section 3(4) of the Act, as it applies in respect of a permit issued under paragraph (1) of this article, or
b
in any report made by him in pursuance of such a requirement knowingly or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence.
5
Any person who commits an offence under article 3 or 4 of this Order shall be liable on summary conviction to a fine not exceeding £400.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Unemployment Benefit (Disqualification Period) Order 1988 and shall come into force on 11th April 1988.
Alteration of period of disqualification
2
In section 20(1) of the Social Security Act 1975 (other disqualifications, etc ) for the figure “13” there shall be substituted the figure “26”.
Signed by authority of the Secretary of State for Social Services.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Health and Social Security
11th March 1988


text:
1
This Order may be cited as the Local Government Administration (Matters Subject to Investigation) Order 1988 and shall come into force on 1st April 1988.
2
Action taken by any authority other than a police authority in connection with the investigation or prevention of crime shall cease to be excluded by virtue of Schedule 5 to the Local Government Act 1974 from the matters subject to investigation by a Local Commissioner; and, accordingly, the word“police” shall be inserted before the word“authority” in paragraph 2 of that Schedule.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Combined Probation Areas (Suffolk) Order 1988 and shall come into force on 1st April 1988.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Suffolk Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Blything and Hartismere; and
b
inserting in alphabetical order in column 1 ``Saxmundham'' and corresponding to this in column 3 “1”.
3
1
The justice appointed to be a member of the Suffolk Probation Committee by the justices for the petty sessional division of Hartismere shall cease to hold office as a member of that Committee.
2
The justice appointed to be a member of that Committee by the justices for the petty sessional division of Blything, the two justices so appointed by the justices for the petty sessional division of St Edmundsbury and the justice so appointed by the justices for the petty sessional division of Stow, in each case before the abolition of the said petty sessional divisions and the petty sessional division of Hartismere and their re-constitution to form three new divisions known as the Saxmundham, St Edmundsbury and Stow divisions, shall continue to hold office as members of that Committee, as if they had been appointed by the justices for the new division of Saxmundham, St Edmundsbury and Stow respectively, until 30th November 1989 and shall then cease to hold office but shall be eligible for re-appointment.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
25th March 1988


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) (No. 2) Order 1988 and shall come into force on 18th August 1988.
Amendment
2
At the end of Schedule 1 to the Diseases of Animals (Approved Disinfectants) Order 1978 (which lists disinfectants approved by the Minister) there shall be added the entries listed in Schedule 1 to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th August 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
9th August 1988
Peter Walker
Secretary of State for Wales
4th August 19881433.39


text:
Title and commencement
1
This Order may be cited as the West Strathclyde Protection Order 1988 and shall come into force on 7th October 1988.
Interpretation
2
In this Order, “the map” means the map marked “Area of the West Strathclyde Protection Order 1988”, signed on behalf of the Secretary of State for Scotland and deposited in the principal office of the Department of Agriculture and Fisheries for Scotland in Edinburgh.
Prohibition of fishing without legal right or written permission
3
Fishing for or taking freshwater fish in inland waters in the area prescribed in article 4 hereof, without legal right or without written permission from a person having such a right, is hereby prohibited.
Prescribed area
4
The prescribed area shall consist of the catchment areas in Strathclyde Region of the Rivers Annick, Irvine, Gogo Water, Noddsdale Water and certain other waters, and that part of the catchment area of the River Garnock which excludes the waters below the march fence to the south of Dalgarven Mill at Ordnance Survey NS 2965-4564 and the Lugton Water below the footbridge at Montgreenan Mains at Ordnance Survey NS 3417-4490 to its confluence with the River Garnock, and is delineated by a continuous blue line on the map.
I M Whitelaw
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
26th August 1988


text:
Citation and commencement
1
This Order may be cited as the Sheffield Development Corporation (Area and Constitution) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Sheffield Development Corporation (Area and Constitution) Order 1988”, of which prints signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the city of Sheffield.
Designation of urban development area
3
The area shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Sheffield Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Sheffield Development Corporation” with ten members in addition to the chairman and deputy chairman.
Nicholas Ridley
Secretary of State for the Environment
10th May 1988


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) Order 1988 and shall come into force on 6th May 1988.
2
For the purposes of section 160 of, and Schedule 7 to, the Income and Corporation Taxes Act 1988 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 9.5 per cent. per annum.
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
21st April 1988


text:
1
1
These Regulations may be cited as the Companies (Fees) Regulations 1988 and shall come into force on 1st July 1988.
2
The Companies (Fees) Regulations 1980 and the Companies (Fees) (Amendment) Regulations 1982 are hereby revoked.
2
In these Regulations, unless the context otherwise requires, “ the Act ” means the Companies Act 1985 (any reference to a numbered section being to a section of that Act) and “document” includes other material kept by the registrar of companies under the Companies Acts.
3
The fees set out in the second column of the Schedule to these Regulations shall be the fees payable in respect of the transactions set out in the first column of that Schedule.
John Butcher
Parliamentary Under-Secretary of State
Department of Trade and Industry
13th May 1988


text:
Citation and Commencement
1
This Order may be cited as the Isles of Scilly (Pilotage) Harbour Revision Order 1988 and shall come into force on 7th December 1988.
Interpretation
2
In this Order —
“The Order of 1890 ” means the St Mary’s (Scilly) Pier Order 1890 confirmed by the Pier and Harbour Confirmation ( No. 4) Act 1890
“ The Undertaker ” means His said Royal Highness or other the possessor of the Duchy of Cornwall or other the Undertaker for the purposes of the Order of 1890
“ The Harbour ” means the limits within which the Undertaker has authority under the Order of 1890
“ 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 Office of the Duchy of Cornwall at 10 Buckingham Gate, London SW1.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Undertaker shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the Harbour ) so much of the area shown within a red line on the signed plan (which is the circle described by a radius of five nautical miles from the southern point of the Island of Samson) as is outside the area of the Harbour and comprises the waters of the sea.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
6th December 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Breadalbane) Designation (Amendment) Order 1988 and shall come into force on 14th April 1988.
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Breadalbane) Designation Order 1987( ).
Amendment of principal Order
2
The principal Order shall be amended in accordance with articles 3, 4 and 5 below.
3
In article 2 (Interpretation) there shall be inserted before the definition of “enclosed land” the following definition: —
“cow” means a female bovine animal which has calved at least twice;
.
4
In article 2 (Interpretation) for the definition of “livestock unit” there shall be substituted the following definition: —
“livestock unit” means —
1 cow, or
1.25 bovine animals (other than cows) over two years old, or
1.6 bovine animals (other than cows) from one year old to two years old inclusive, or
2.5 bovine animals less than one year old, or
6.66 sheep;
.
5
After paragraph 17(b)(iv) of the Schedule there shall be added the following: —
v
any additional fencing work that may be necessary to implement the requirements specified in paragraphs 7 and 11 above.
.
Sanderson of Bowden
Minister of State, Scottish Office
New St Andrew’s House,
Edinburgh
2nd March 1988
We consent,
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1988


text:
Citation and commencement
1
These Rules may be cited as the Domestic Courts (Constitution) (Amendment) Rules 1988 and shall come into force on 8th June 1988.
Combined panels
2
For rule 13 of the Domestic Courts (Constitution) Rules 1979 there shall be substituted the following —
13
1
Subject to the provisions of this rule, a magistrates' courts committee may make a direction for the formation or dissolution of a combined panel in respect of two or more petty sessions areas in the same commission area, of which at least one is a petty sessions area for which the committee acts.
2
A direction under paragraph (1) above shall not be made unless the magistrates' courts committee has consulted the justices for each petty sessions area specified in the direction for which it acts.
3
A direction under paragraph (1) above shall be notified forthwith to the justices for each petty sessions area specified in the direction.
4
If a magistrates' courts committee makes a direction which specifies a petty sessions area or areas for which it does not act, the direction shall have no effect unless, before the date on which it is to come into effect, a corresponding direction has been made by the other magistrates' courts committee or committees concerned.
5
A direction for the formation of a combined panel shall state —
a
the number of justices who are to serve as members of the combined panel, which shall be such as the magistrates' courts committee thinks sufficient for domestic courts in the petty sessions areas specified in the direction; and
b
the number of members thereof to be provided by each area, which shall, as nearly as may be, be the proportion which the number of justices for that area bears to the total number of justices for the petty sessions areas specified in the direction.
6
A direction for the formation or dissolution of a combined panel under paragraph (1) above shall take effect —
a
on 1st January in the year following the next October meeting of the justices for each of the areas concerned held in accordance with rules made under Section 18 of the Justices of the Peace Act 1979 for the purpose of electing a chairman of the justices; or
b
where the direction is consequential upon the making of an order under Section 23 of the Justices of the Peace Act 1979, on the date on which that order comes into force.
7
For the purposes of paragraph (6) above a direction is consequential upon the making of an order under the said section 23 if it is made after that order is made (but before it comes into force) and specifies a petty sessions area which is the subject of such an order.
8
A magistrates' courts committee which has made a direction under paragraph (1) above for the formation of a combined panel may at any time make a further direction to increase the number of justices specified under paragraph (5) (a) above and any such further direction shall state the petty sessions area or petty sessions areas by which the additional member or members is or are to be provided.
9
A further direction in relation to a combined panel under paragraph (8) above shall take effect forthwith or, in the case of a direction which specifies a petty sessions area or areas for which the magistrates' courts committee does not act, as soon as corresponding further directions have been made under that sub-paragraph by the other magistrates' courts committee or committees concerned.
10
a
A combined panel formed by a direction made under paragraph (1) above shall be the panel for the petty sessions areas specified in the direction and, in relation to any such combined panel, subject to rule 13A of these Rules, these Rules shall have effect accordingly; and
b
on the coming into effect of a direction made under this rule (other than a further direction under paragraph (8) above) any existing panel in respect of any of the petty sessions areas specified in the direction and any appointments thereto shall cease.
13A
1
Where a magistrates' courts committee has made a direction for the formation of a combined panel under rule 13 of these Rules, the justices for each petty sessions area specified in the direction shall, at the meeting of the justices referred to in rule 13 (6) (a) of these Rules, appoint, subject to paragraph (2) below, such number of suitable justices from the petty sessions area as is specified in the direction to serve as members of the combined panel for a term commencing on 1st January in the following year and ending at the same time as will end the term of any justices for the time being appointed under rule 4 (2A) of these Rules to form a panel for any petty sessions area to which these Rules apply which is not specified in a direction under the said rule 13.
2
In relation to the appointment of justices under paragraph (1) above, rules 4 (3) and (4), 5 (2), 6 and 7 of these Rules shall apply as they apply in relation to appointments under rule 4 (2A).
3
Subject to paragraph (4) below, after the first appointments to a combined panel have been made in accordance with paragraph (1) above, these Rules shall have effect in relation to the combined panel as if —
a
in rule 4 —
i
references to appointments to a panel in paragraph (2A) of that rule were references to appointments to the combined panel of such number of justices from the petty sessions area as is specified in the direction; and
ii
paragraph (5) thereof were omitted;
b
for paragraph (1) of rule 5 there were substituted the following paragraph —
1
The members of a combined panel provided by each petty sessions area for which the panel is formed shall be appointed from amongst the justices for that area.
;
c
for paragraph (1) of rule 9 there were substituted the following paragraph —
1
If a vacancy occurs in the number of justices forming a combined panel or if a further direction is made under rule 13 (8) of these Rules, the justices for the appropriate petty sessions area shall, as soon as may be practicable, appoint such a justice or justices as might have been appointed to the panel under rule 5 above.
4
Where a magistrates' courts committee makes a direction under paragraph (1) of rule 13 of these Rules for the dissolution of a combined panel, the justices for each petty sessions area specified in the direction shall (unless the petty sessions area is also specified in a direction for the formation of a combined panel), at the meeting of the justices referred to in rule 13 (6) (a) of these Rules, appoint, in accordance with paragraph (5) below, suitable justices to form a panel for that area for a term commencing on 1st January in the following year and ending at the same time as will end the term of any justices for the time being appointed under rule 4 (2A) of these Rules to form a panel for any petty sessions area to which these Rules apply which is not specified in a direction under the said rule 13.
5
In relation to the appointment of justices under paragraph (4) above, rules 4 (3), (4) and (5), and rules 5, 6 and 7 of these Rules shall apply as they apply in relation to appointments under rule 4 (2A).
Mackay of Clashfern, C.
Dated 9th May 1988


text:
1
This Order may be cited as the Inheritance Tax and Capital Transfer Tax (Interest on Unpaid Tax) Order 1988 and shall come into force on 6th August 1988.
2
The rate prescribed for the purposes of section 233 of the Inheritance Tax Act 1984 (interest on unpaid tax) shall be 8 per cent. per annum and shall apply in each of the cases referred to in paragraphs (a) and (b) of section 233(2).
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
1
These Regulations may be cited as the Crown Prosecution Service (Witnesses' Allowances) (Amendment No. 8) Regulations 1988 and shall come into force on 18th July 1988.
2
In Schedule 1 to the Crown Prosecution Service (Witnesses' Allowances) Regulations 1986 , in Column 3 of the Table, which sets out relevant amounts in relation to allowances payable under those Regulations —
a
for the sums of £52.50 and £105.00 in the entry for regulation 4(a) (locum allowance payable to a professional witness who attends to give evidence) there shall be substituted £56.40 and £112.80 respectively; and
b
for the sums of £35.00, £52.50, £78.80 and £105.00 in the entry for regulation 4(b) (compensatory allowance payable to such witness) there shall be substituted £37.60, £56.40, £84.60 and £112.80 respectively.
3
The Crown Prosecution Service (Witnesses' Allowances) (Amendment No. 4) Regulations 1987 are hereby revoked.
P. B. B. Mayhew
Her Majesty’s Attorney General
8th June 1988
We approve.
Tony Durant
D. Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
13th June 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Banking Act 1987 (Advertisements) Regulations 1988.
2
These Regulations shall come into force on 29th April 1988.
3
In these Regulations, unless the context otherwise requires —
“controlled advertisement” means a deposit advertisement to which, in accordance with regulation 2 below, these Regulations apply;
“deposit-taker” means the person with whom the deposits which are invited by a deposit advertisement are to be made;
“full name” in respect of any person means the name under which that person carries on business and, if different and if that person is a body corporate, its corporate name;
“liabilities” includes provisions where such provisions have not been deducted from the value of assets;
4
A reference in these Regulations to the payment of interest in respect of a deposit includes a reference to the payment of any premium in respect of a deposit, and to the crediting of interest to the deposit so as to constitute an accretion to the principal.
5
For the purposes of these Regulations a deposit advertisement which contains information which is intended or might reasonably be presumed to be intended to lead directly or indirectly to the making of a deposit shall be treated as if it contained an invitation to make such deposit, and references to an invitation to make a deposit shall be construed accordingly.
Application of Regulations
2
1
Subject to paragraphs (2) to (5) of this regulation these Regulations apply to a deposit advertisement unless it contains an invitation to make deposits only with offices of the deposit-taker in the United Kingdom or another member State.
2
These Regulations do not apply to a deposit advertisement which does not indicate the offices with which the deposits are invited to be made if the deposit-taker carries on a deposit-taking business in the United Kingdom or another member State.
3
These Regulations do not apply to a deposit advertisement which invites the making of deposits with an institution or unincorporated institution which is a body for the time being authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on insurance business of a class specified in Schedule 1 or 2 to that Act.
4
These Regulations do not apply —
a
in relation to any issue of a prospectus to which section 56 of the Companies Act 1985 applies or would apply if not excluded by paragraph (a) or (b) of subsection (5) of that section;
b
in relation to any issue of a prospectus to which section 72 of that Act applies or would apply if not excluded by paragraph (a) or (b) of subsection (6) of that section or by section 76 of that Act;
c
in relation to any issue of a form of application for shares in, or debentures of, a company, together with —
i
a prospectus which complies with the requirements of the said section 56, or is not required to comply therewith because excluded by paragraph (a) or (b) of subsection (5) of that section, or
ii
a prospectus which complies with the requirements of Chapter II of Part III of the said Act relating to prospectuses;
d
in relation to any issue of a form of application for shares in, or debentures of, a company where the form of application was issued either —
i
in connection with a bona fide invitation to a person to enter into an underwriting agreement with respect to the shares or debentures; or
ii
in relation to shares or debentures which were not offered to the public;
e
in relation to any issue of a form of application for any securities, if such form is issued with a document which either sets out the approved listing particulars for the purposes of any listing rules made pursuant to section 142(6) of the Financial Services Act 1986 or indicates where such particulars can be obtained or inspected;
f
in relation to any issue of documents to which the corresponding Northern Ireland legislation applies (or would apply if not excluded by that legislation).
5
These Regulations do not apply to a deposit advertisement which invites the making of deposits on terms involving the issue by the deposit-taker of debt securities which have been admitted to official listing within a member State other than the United Kingdom.
6
These Regulations do not apply to a deposit advertisement which is an investment business advertisement regulated by rules (made by the appropriate authority or a recognised organisation) of the kind described in section 48(2)(e) of the Financial Services Act 1986 (rules as to the form and content of advertisements in respect of investment business).
7
For the purposes of this regulation —
a
“company” means —
i
any company which is a company within the meaning of section 735(1) of the Companies Act 1985,
ii
any body corporate to which the prospectus and allotment provisions of that Act are applied by regulations made under section 718 of that Act,
iii
any company of a kind described in section 72 of that Act, or
iv
any company or body corporate in respect of which the corresponding Northern Ireland legislation has effect;
b
“investment business advertisement” means an advertisement —
i
which is issued or caused to be issued by or on behalf of a person authorised under Chapter III of Part I of the Financial Services Act 1986 or an appointed representative within the meaning of section 44 of that Act,
ii
which contains an invitation to make a deposit which will be accepted by the deposit-taker in the course of or for the purpose of engaging in any permitted dealing activity with or on behalf of the person by whom or on whose behalf the deposit is made or in any permitted service activity on behalf of that person, and
iii
which contains no other invitation to make a deposit;
c
“dealing activity” means an activity falling within paragraph 12 of Schedule 1 to the Financial Services Act 1986 construed without reference to Parts III and IV of that Schedule;
d
“service activity” means an activity falling within paragraph 13, 14 or 16 of Schedule 1 to the Financial Services Act 1986 construed without reference to Parts III and IV of that Schedule;
e
“permitted” in relation to a dealing activity or a service activity means an activity in which the deposit-taker may engage without any contravention occurring of —
i
any rules (made by the appropriate authority or a recognised organisation) of the kind described in section 48(2)(a) and (b) of that Act (rules as to the type of business carried on or the persons in relation to whom business is carried on), or
ii
any prohibition of the kind described in section 65 of that Act;
f
“appropriate authority” means the Secretary of State, a designated agency within the meaning of section 114(3) of the Financial Services Act 1986, the Chief Registrar of friendly societies, the Registrar of Friendly Societies for Northern Ireland or a transferee body within the meaning of paragraph 28(4) of Schedule 11 to that Act; and
g
“recognised organisation” means a body which is a recognised professional body, a recognised self-regulating organisation or a recognised self-regulating organisation for friendly societies within the meaning of section 207(1) of the Financial Services Act 1986.
8
In this regulation references to rules made by a recognised organisation include rules (whether or not laid down by the organisation itself) which the organisation has power to enforce.
9
In this regulation “the corresponding Northern Ireland legislation” means those provisions of the Companies (Northern Ireland) Order 1986 which correspond to any of the provisions of the Companies Act 1985 specified in this regulation.
Control of advertisements
3
No controlled advertisement shall be issued unless it complies with the following provisions of these Regulations.
General requirements for advertisements
4
Every controlled advertisement shall state —
a
the full name of the deposit-taker,
b
the country or territory in which the deposit-taker’s principal place of business is situated, described as such, and
c
if the deposit-taker is a body corporate, the country or territory in which it is incorporated, described as such, unless this is the same as the country or territory referred to in sub-paragraph (b).
Assets and liabilities
5
1
Every controlled advertisement shall state the amount of the paid-up capital and reserves, described as such, of the deposit-taker (if a body corporate) or the amount of the total assets less liabilities, described as such, of the deposit-taker (if a person other than a body corporate).
2
Where a controlled advertisement contains any reference to the amount of the assets of the deposit-taker it shall state with equal prominence the amount of the deposit-taker’s liabilities, described as such.
3
Paragraphs (1) and (2) of this regulation shall be treated as complied with if the advertisement states that the amount of any assets or paid-up capital and reserves required to be stated exceeds an amount specified in the advertisement or that the amount of any liabilities required to be stated does not exceed an amount so specified.
4
A controlled advertisement shall not contain any reference to the assets or liabilities of any person other than the deposit-taker.
Deposit protection arrangements
6
1
Every controlled advertisement shall indicate the country or territory in which the offices of the institution with which deposits are invited to be made are situated, described as such, and shall, unless the deposit-taker is an authorised building society within the meaning of the Building Societies Act 1986 , contain a statement of the following terms, there being inserted where indicated respectively the name of the deposit-taker and the name of the country or territory outside the United Kingdom where the deposits are invited to be made —
“Deposits made with offices of [name of deposit-taker] in [name of country or territory] are not covered by the Deposit Protection Scheme under the Banking Act 1987.”
2
The statement referred to in paragraph (1) of this regulation shall (except in the case of advertisements which are in spoken form) appear in the advertisement in a conspicuous position.
3
A controlled advertisement shall not state or imply that the deposits which are invited or their repayment, or interest or the payment of interest in respect of them, will be guaranteed, secured, insured or the subject of any other form of protection unless it states —
a
the form of the protection,
b
the extent of the protection, and
c
the full name of the person who will be liable to meet any claim by the depositor by virtue of the arrangements conferring the protection.
Interest
7
1
This regulation applies to a controlled advertisement which specifies the rate at which interest will be payable in respect of the deposits which are invited.
2
Every advertisement to which this regulation applies shall state —
a
the minimum amount, if any, which must be deposited to earn that rate of interest,
b
the period of time, if any, during which no interest will be payable,
c
the minimum period of time, if any, during which a deposit must be retained by the deposit-taker in order to earn that rate of interest,
d
the minimum period of notice, if any, which must be given before repayment may be required of a deposit earning that rate of interest, and
e
the intervals at which the interest will be paid.
3
If the rate of interest which is specified is not an annual rate of simple interest, the advertisement shall state the basis on which the rate will be calculated.
4
If the rate of interest which is specified may be varied during the period for which the deposit will be held this shall be stated in the advertisement.
5
If interest will or may not be paid in full at the rate which is specified, this shall be stated in the advertisement, and the advertisement shall state the nature and the amount of or rate of any deductions which will or may be made from the interest before payment.
6
If the rate of interest which is specified is or may not be the rate at which interest will be payable in respect of the deposits on the date on which the advertisement is issued this shall be stated in the advertisement, and the advertisement shall state the date on which interest was payable at the rate which is specified, such date being as close as reasonably practicable to the date on which the advertisement is issued.
7
If an advertisement specifies more than one rate of interest payable in respect of deposits of a particular amount the advertisement shall contain the information required by any of the foregoing paragraphs of this regulation in relation to each such rate.
8
Where different rates of interest apply to deposits of different amounts, the advertisement shall contain the information required by any of the foregoing paragraphs of this regulation in relation to each such rate.
Currency
8
Every controlled advertisement shall state the currency in which the deposits are to be made.
Supplementary provisions
9
1
Subject to paragraph (2) of this regulation, the matters required by these Regulations to be included in an advertisement shall be shown clearly and legibly or, in the case of an advertisement by way of sound broadcasting, spoken clearly.
2
In the case of an advertisement by way of television or exhibition or cinematographic film, the matters required by these Regulations to be included shall be shown clearly and legibly or spoken clearly.
Revocation of earlier Regulations
10
The Banking Act 1979 (Advertisements) Regulations 1985 and the Banking Act 1979 (Advertisements)(Amendment) Regulations 1987 are hereby revoked.
Peter Lloyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 1988


text:
1
These Regulations may be cited as the Cycle Racing on Highways (Amendment) Regulations 1988 and shall come into force on 15th March 1988.
2
The Cycle Racing on Highways Regulations 1960 shall be further amended in accordance with the following provision of these Regulations.
3
In regulation 5(1)(a)(i) for the words“of 70 Brompton Road, London, 84” there shall be substituted the number“100”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
3rd February 1988
Peter Walker
Secretary of State for Wales
11th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Applications) Regulations 1988 and shall come into force on 5th December 1988.
Interpretation
2
In these regulations, unless the context otherwise requires —
“ the Act ” means the Town and Country Planning Act 1971;
“building” does not include any plant or machinery or a structure or erection of the nature of plant or machinery;
“outline planning permission” means planning permission for the erection of a building, subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters, that is to say —
siting,
design,
external appearance,
means of access,
the landscaping of the site.
Applications for planning permission
3
1
Subject to the following provisions of this regulation, an application for planning permission shall —
a
be made on a form provided by the local planning authority;
b
include the particulars specified in the form and be accompanied by a plan which identifies the land to which it relates and any other plans and drawings and information necessary to describe the development which is the subject of the application; and
c
except where the authority indicate that a lesser number is required, be accompanied by 3 copies of the form and the plans and drawings submitted with it.
2
In the case of an application for outline planning permission, details need not be given of any proposed reserved matters.
3
An application —
a
for renewal of planning permission where —
i
a planning permission has previously been granted for development which has not yet begun, and
ii
a time limit was imposed under section 41 (limit of duration of planning permission) or section 42 (outline planning permission) of the Act which has not yet expired, or
b
under section 31A (an application for the variation of a condition subject to which the planning permission was granted) or 32(1)(b) (an application for permission to retain buildings or works or continue the use of land without compliance with a condition),
shall be made in writing and give sufficient information to enable the authority to identify the previous grant of planning permission and any condition in question.
Directions by the local planning authority
4
The local planning authority who are to determine an application may direct an applicant in writing to —
a
supply any further information and, except in the case of outline applications, plans and drawings necessary to enable them to determine the application; or
b
provide one of their officers with any evidence in respect of the application as is reasonable for them to call for to verify any particulars of information given to them.
Nicholas Ridley
Secretary of State for the Environment
20th October 1988
Peter Walker
Secretary of State for Wales
21st October 1988


text:
1
This Order may be cited as the Financial Services Act 1986 (Miscellaneous Exemptions) Order 1988 and shall come into force on 24th March 1988.
2
Each of the persons listed in Schedule 1 to this Order shall be an exempted person.
3
Each of the persons listed in Schedule 2 to this Order shall be an exempted person to the extent specified in that Schedule in relation to that person.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
2nd March 1988


text:
1
The highways described in article 2 of this Order shall become trunk roads as from the date when this Order comes into force.
2
The highways to become trunk roads are four slip roads, connecting the eastbound and westbound carriageways of the North Devon Link Road with two roundabouts on the Tiverton Eastern Distributor Road at Little Gornhay Junction, Tiverton. They are indicated by vertical hatching, and are given the reference numbers 1, 2, 3 and 4, on the deposited plan.
3
In this Order, “the deposited plan” means the plan numbered HA10/2-SWM54 marked “North Devon Link Road (Little Gornhay Junction Slip Roads) (Trunking) 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.
4
This Order shall come into force on 16th December 1988 and may be cited as the North Devon Link Road (Little Gornhay Junction Slip Roads) (Trunking) Order 1988.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
16th November 1988


text:
1
This Order may be cited as the South West Water Authority (River Wolf Discharge) Order 1988, and shall come into force on the 20th January 1988.
2
The South West Water Authority may for the purpose of augmenting the flow of the River Wolf discharge water from the Roadford Reservoir into the River Wolf at a discharge point at National Grid Reference SX 419899 at a rate not exceeding 1,000,000 cubic metres per day.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
19th January 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Earnings Factor) Amendment Regulations 1988 and shall come into force on 4th April 1988.
2
In these Regulations,“the principal Regulations ” means the Social Security (Earnings Factor) Regulations 1979 .
Amendment of principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
For regulation 2 (ascertainment of earnings factors) there shall be substituted the following regulation —
Ascertainment of earnings factors
2
1
The earnings factors derived from a person’s earnings paid in, or from earnings credited or Class 2 or Class 3 contributions in respect of, any year shall, subject to paragraph (2) of this regulation, be ascertained in accordance with the rules contained in Schedule 1 to these Regulations.
2
A person’s earnings factors in respect of the year commencing on 6th April 1988, or any subsequent year, shall not in respect of any such year together exceed an amount equal to 58 times the upper earnings limit of that year.
.
3
In Schedule 1 (rules for the ascertainment of earnings factors), Part I (Class 1 contributions) shall be amended as follows —
a
in paragraph 2, for sub-paragraph (1) there shall be substituted the following sub-paragraph —
1
Subject to sub-paragraph (2) below, a person’s earnings factor derived in respect of the year commencing on 6th April 1987, or any subsequent year, from —
a
those of his earnings paid in that year upon which Class 1 contributions have been paid or treated as paid in respect of that year, and
b
earnings with which he has been credited in respect of that year,
shall be equal to the amount of those actual and credited earnings.
;
b
for paragraph 3 there shall be substituted the following paragraph —
3
Where a person’s earnings paid in the year commencing on 6th April 1987, or in any subsequent year, are earnings upon which Class 1 contributions have been paid or treated as paid in respect of that year and are, or are to be, recorded as separate sums in the records of the Department of Health and Social Security, the earnings factor derived from those earnings shall be equal to the aggregate of the amounts ascertained by rounding down each sum separately to the nearest whole pound.
;
c
in paragraph 6, for the words from the beginning to“treated as paid” there shall be substituted the words“Where Class 1 contributions have been paid or treated as paid in respect of the year commencing on 6th April 1987, or any subsequent year, upon a person’s earnings paid in that year”;
d
in paragraph 7, for sub-paragraph (3) there shall be substituted the following sub-paragraph —
3
Where a person’s earnings paid in the year commencing on 6th April 1987, or in any subsequent year, are earnings upon which contracted-out contributions have been paid or treated as paid in respect of that year and are, or are to be, recorded as separate sums in the records of the Department of Health and Social Security, the earnings factor derived from those earnings shall be equal to the aggregate of the amounts ascertained by rounding down each sum separately to the nearest whole pound.
.
Revocations and savings
3
1
Subject to the savings in paragraph (2) below, the Social Security (Earnings Factor) Amendment Regulations 1985 , the Social Security (Earnings Factor) Amendment Regulations 1987 and the Social Security (Earnings Factor) Amendment ( No. 2) Regulations 1987 are hereby revoked.
2
Notwithstanding the revocations in paragraph (1) above —
a
the principal Regulations shall have effect for the purposes of the ascertainment of a person’s earnings factors in respect of any year before 6th April 1987 as if these Regulations had not been made; and
b
regulation 1 of those Regulations shall continue to have effect with the omission from paragraph (2) of the definition of“contributions” and the inclusion after that paragraph of the paragraph (3) inserted by regulation 2(2)(b) of the Social Security (Earnings Factor) Amendment (No. 2) Regulations 1987.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
7th March 1988


text:
Citation, commencement and interpretation
1
1
This Order which may be cited as the Welsh Water Authority (Fixed Engine) Order 1988 shall come into force on 23rd September 1988 unless a memorial is presented to the Secretary of State in accordance with paragraph 9 of Schedule 3 to the Act praying that this Order shall be subject to special parliamentary procedure .
2
In this Order —
“the Act” means the Salmon and Freshwater Fisheries Act 1975;
“the Authority” means the Welsh Water Authority;
“the definitive plan” means the plan marked “Welsh Water Authority (Fixed Engine) Order 1988”, dated 10th August 1988, signed by an Assistant Secretary of the Welsh Office and deposited at the offices of the Authority at Penrhosgarnedd, Bangor, Gwynedd LL57 2DJ.
Power to work fixed engines
2
1
Notwithstanding the provisions of section 6, or any other provisions, of the Act, which limit or prohibit the placing, use or working (whether or not in a fish pass) of a fixed engine, or any provisions amending or extending such provisions, the Authority may, subject to the approval of the Secretary of State and to paragraph (2) below, erect and work at any time of the year by themselves or their lessees the fixed engine situate at Gelli Goch, Gwynedd on the Afon Eden (described on the definitive plan) for catching salmon and migratory trout for scientific purposes and also for the purpose of improving stocks of fish in the basin of the Afon Mawddach.
2
The aforesaid fixed engine shall not be worked under the authority of this article for any period exceeding five years unless the authority is from time to time extended by licence of the Secretary of State for such term as may be specified in the licence and not exceeding at any one time five years.
Signed by authority of the Secretary of State for Wales
H.R. Bollington
Assistant Secretary, Welsh Office
10th August 1988
CONFIRMED by the Secretary of State for Wales on 22nd September 1988.
Signed by authority of the Secretary of State for Wales
H.R. Bollington
Assistant Secretary, Welsh Office


text:
1
These Regulations may be cited as the State Awards (Amendment) Regulations 1988 and shall come into force on 1st September 1988.
2
In the saving to regulation 10(1) of the State Awards Regulations 1978 (“the principal Regulations”) there shall be substituted for the letter “(e)” the letter “(d)”.
3
For Schedule 2 to the principal Regulations there shall be substituted the following Schedule —
SCHEDULE 2
ELIGIBILITY FOR STATE AWARDS
Regulations 4(1) and 10(1)
1
1
In this Schedule —
“employment” means full-time employment or part-time employment which in a normal week involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purpose hereof a reference to employment includes a reference to the holding of any office and to any occupation for gain;
“European Community” means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
“national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on the 28th July 1951 as extended by the Protocol thereto which entered into force on the 4th October 1967 or a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s Government though not so recognised;
“relevant date” in relation to an applicant for a state award means the date of his application therefor;
“relevant territory” means the territory comprising the European Community and (as regards any period prior to their accession to that Community) the Kingdom of Spain and the Portuguese Republic;
2
A person shall be treated for the purposes of paragraph 2 or 3(a) as ordinarily resident in England and Wales, in the British Islands or in the relevant territory (“the relevant area”) if the Secretary of State is satisfied that he was only not so resident in the relevant area, at the date, or throughout the period, mentioned in the paragraph in question because —
a
he, his spouse or his parent was temporarily employed outside the relevant area, or
b
he or his spouse was temporarily receiving full-time education, or undertaking post-graduate research, outside the relevant area.
2
1
The Secretary of State shall not bestow a state award upon a person unless, subject to sub-paragraph (3) —
a
he is ordinarily resident in England and Wales on the relevant date and is not then resident therein wholly or mainly for the purpose of receiving full-time education, or
b
he is ordinarily resident in the British Islands on the relevant date and satisfies the Secretary of State that, on the 30th June next following the relevant date, he will be ordinarily resident in England and Wales and will not then be resident therein wholly or mainly for the said purpose, or
c
he is eligible for an award by virtue of Article 7(2) or (3) or Article 12 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community , or
d
he is a national of a member state of the European Community not being such a person as is mentioned in sub-paragraph (c) above.
2
In relation to a state bursary for adult education sub-paragraph (1) shall have effect as if the words “and Wales”, wherever they occur therein, had been omitted.
3
Subject to paragraphs 4 and 5, the Secretary of State shall not bestow a state award upon a person —
a
unless —
i
he has been ordinarily resident in the British Islands throughout the period of three years preceding the relevant date; or
ii
in the case of such a person as is mentioned in paragraph 2(1)(c) or (d), he has been ordinarily resident for such period in the relevant territory; or
b
if his residence in the British Islands or the relevant territory, as the case may be, has during any part of that period been wholly or mainly for the purposes of receiving full-time education or undertaking post-graduate research otherwise than in the course of employment.
4
1
Paragraph 3 shall not apply in the case of —
a
a refugee ordinarily resident in the British Islands who has not ceased to be so ordinarily resident since he was recognised as a refugee or was accorded asylum, or
b
the spouse, son or daughter of such a refugee.
2
The reference in this paragraph to a refugee’s son or daughter includes a reference to a person adopted in pursuance of adoption proceedings and a step-child.
5
Paragraph 3(b) shall not apply in the case of a person who, in pursuance of paragraph 1(2), is treated as ordinarily resident in the British Islands or, as the case may be, or the relevant territory throughout the period mentioned in paragraph 3(a).
.
Angela Rumbold
Minister of State,
Department of Education and Science
3rd August 1988


text:
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 9) Order 1988.
2
The provisions of section 125(8) of the Financial Services Act 1986 shall come into force on 1 July 1988 as shall the provisions of section 212(3) of and Schedule 17 to that Act insofar as they provide for the repeal of the Restrictive Trade Practices (Stock Exchange) Act 1984 .
3
In articles 6(2) and 7 of The Financial Services Act 1986 (Commencement) (No. 8) Order 1988 for the word “July” there shall be substituted “December”.
4
Section 129 of the Financial Services Act 1986 insofar as it relates to paragraph 5(3) and (4) of Schedule 10 to that Act and the provisions of that Schedule not yet in force shall come into force on 1 July.
Francis Maude
Parliamentary Under Secretary of State
Department of Trade and Industry
6th June 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order —
i
“the deposited plan” means the plan numbered HA10/2 WO46 marked “Cardiff-Glan Conwy Trunk Road A470 (Llanidloes By-pass) Order 1988” signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the existing trunk road” means the Cardiff-Glan Conwy Trunk Road (A470).
4
This Order shall come into force on 3rd March 1988 and may be cited as the Cardiff-Glan Conwy Trunk Road A470 (Llanidloes By-pass) Order 1988.
Signed by authority of the Secretary of State for Wales
G. Mercer
Director of Highways (Transport and Highways) Welsh Office
19th January 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the routes described in Schedule 1 to this Order (the highways along these routes being in this Order referred to as “the main new trunk road”), and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the place stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”)
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA10/2 — SWM47 marked “The Exeter — Launceston — Bodmin Trunk Road A30 (Plusha to Bolventor Improvement and Slip Roads) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk road and the slip roads;
iii
“the trunk road”
means the Exeter — Launceston — Bodmin Trunk Road (A30).
5
This Order shall come into force on 11th November 1988 and may be cited as the Exeter — Launceston — Bodmin Trunk Road A30 (Plusha to Bolventor Improvement and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
4th October 1988


text:
Citation and commencement
1
These Regulations may be cited as the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) (Amendment) Regulations 1988, and shall come into force on 24th March 1988.
Amendment of principal regulations
2
The Schedule to the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973 shall be amended as follows: —
a
for paragraph 8 (tenant’s liability to renew and replace tiles or slates) there shall be substituted the following paragraph —
8
1
Notwithstanding the general liability of the landlord for repairs and replacements, to renew all broken or cracked tiles or slates and to replace all slipped tiles or slates from time to time as the damage occurs, but so that the cost shall not exceed £100 in any one year of the tenancy.
2
This paragraph shall not have effect so as to render a tenant liable for the cost of any renewals or replacement of tiles in excess of £25 which have been carried out by the landlord prior to 24th March 1988.
.
b
for paragraph 12 (recovery of cost of landlord’s repairs or replacements if carried out by tenant) there shall be substituted the following paragraph —
12
1
If the landlord fails to execute repairs other than repairs to an underground waterpipe which are his liability within three months of receiving from the tenant a written notice specifying the necessary repairs and calling on him to execute them, the tenant may execute such repairs and, except to the extent to which under the terms of Part I hereof the tenant is liable to bear the cost, recover (subject to the landlord’s right to require arbitration under sub-paragraph (5) below) the reasonable cost from the landlord forthwith.
2
If the landlord fails to execute any repairs which are his liability to an underground waterpipe within one week of receiving from the tenant a written notice specifying the necessary repairs and calling on him to execute them, the tenant may execute such repairs and, except to the extent to which under the terms of Part I hereof the tenant is liable to bear the cost, recover (subject to the landlord’s right to require arbitration under sub-paragraph (5) below) the reasonable cost from the landlord upon the expiry of a period of one month from the execution of the repairs.
3
Subject to sub-paragraph (4) below, if the landlord fails to execute any replacements which are his liability within three months of receiving from the tenant a written notice specifying the necessary replacements and calling on him to execute them, the tenant may execute such replacements and, except to the extent to which under the terms of Part I hereof the tenant is liable to bear the cost, recover (subject to the landlord’s right to require arbitration under sub-paragraph (5) below) the reasonable cost from the landlord forthwith.
4
The tenant shall not be entitled to recover, in respect of the aggregate of the replacements executed by him after being specified in a notice given in pursuance of sub-paragraph (3) above, in any year of the tenancy any sum in excess of whichever of the following sums is hereinafter specified in relation to the replacements so executed, that is to say —
a
in relation to replacements executed in any year of the tenancy terminating on or before 24th March 1988, a sum equal to the rent of the holding for that year or £500, whichever is the smaller, or
b
in relation to replacements executed in any year of the tenancy terminating after 24th March 1988, a sum equal to the rent of the holding for that year or £2,000, whichever is the smaller.
5
a
If the landlord wishes to contest his liability to execute any repairs or replacements specified in a notice served upon him by the tenant under sub-paragraph (1), (2) or (3) above he shall within one month of the service of that notice serve a counter-notice in writing upon the tenant specifying the grounds on which and the items of repair or replacement in respect of which he denies liability and requiring the question of liability in respect thereof to be determined by arbitration under the Act.
b
Upon service of a counter-notice on the tenant which relates to a notice served on the landlord under sub-paragraph (1) or (3) above, the operation of the notice so served under sub-paragraph (1) or (3) (including the running of time thereunder) shall be suspended, in so far as it relates to the items specified in the counter-notice, until the termination of an arbitration determining the question of liability in respect of those items.
c
Upon service of a counter-notice on the tenant which relates to a notice served on the landlord under sub-paragraph (2) above, the tenant’s right under that sub-paragraph to recover the reasonable cost of the repairs specified in the counter-notice shall not arise unless the question of liability to execute those repairs is first determined by arbitration in favour of the tenant, and shall thereupon arise from the termination of the arbitration.
d
In this sub-paragraph “termination” in relation to an arbitration means the date on which the arbitrator’s award is delivered to the landlord.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
17th February 1988


text:
1
These Regulations may be cited as the Pupils' Registration (Amendment) Regulations 1988 and shall come into force on 31st October 1988.
2
In these Regulations a reference to “the principal Regulations” is a reference to the Pupils' Registration Regulations 1956 .
3
For paragraph 2(c) of regulation 3 of the principal Regulations, there shall be substituted the following —
c
The name and address of every person known to the proprietor of the school to be a parent of the pupil; and against the entry on the register of the particulars of any parent who has the actual custody of the pupil, an indication of that fact and a note of at least one telephone number at which the parent can be contacted in the event of an emergency;
.
Kenneth Baker
Secretary of State for Education and Science
6th July 1988
Wyn Roberts
Minister of State, Welsh Office
7th July 1988


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Debt Administration) (Merseyside) Order 1988 and shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 1985;
“the 1986 Order ” means the Local Government Reorganisation (Repayment of Loans) (Merseyside) Order 1986 ;
“deemed borrowing” means the sum which, in accordance with article 6 of this Order, a relevant authority is deemed to have borrowed from the designated council;
“designated council” means the Council of the Metropolitan Borough of Wirral;
“early repayment” means, as appropriate, a repayment under article 11(1) of this Order or a discharge under article 11(2);
“the fund” means the metropolitan debt administration fund which the designated council is required to establish by article 7 of this Order;
“the Mersey Tunnels Account” means the account maintained by the Transport Authority in accordance with section 100 of the County of Merseyside Act 1980 ;
“relevant authority” means any body mentioned in Schedule 1 other than the designated council;
“repayment period” means the period of 38 years specified in article 8 of this Order;
“ Residuary Body ” means the Merseyside Residuary Body;
“the transfer date” means 1st April 1988;
“the Transport Authority” means the Merseyside Passenger Transport Authority;
“the Tunnel loans” means the money borrowed from the Secretary of State for the Environment under the Mersey Tunnel Acts 1925 to 1972 for the purposes of any road crossing under the river Mersey.
Rights and liabilities in respect of loans
3
1
The rights and liabilities of the former Merseyside Metropolitan County Council in respect of money borrowed which on the abolition date became rights and liabilities of the Residuary Body by virtue of section 58(1) of the Act shall, to the extent that they subsist immediately before the transfer date, become on that date rights and liabilities of the designated council or, if they relate to the Tunnel loans, rights and liabilities of the Transport Authority.
2
The rights and liabilities of the Residuary Body in respect of money borrowed by that Body shall, to the extent that they subsist immediately before the transfer date, become on that date rights and liabilities of the designated council.
3
The liabilities (both as respects principal and interest) which fall to be discharged by the designated council in consequence of paragraphs (1) and (2) shall be charged indifferently on all the revenues of that council.
4
The liabilities (both as respects principal and interest) which fall to be discharged by the Transport Authority in consequence of paragraph (1) shall be charged indifferently on all the revenues of the Authority.
Transfer of entitlement to grant
4
Any entitlement of the Residuary Body to the receipt of grant from the Exchequer under section 1 of the Local Government Grants (Social Need) Act 1969 shall on the transfer date become an entitlement of the designated council or, if it relates to expenditure for the purposes of Liverpool Airport, an entitlement of the Transport Authority.
The Mersey Tunnels Account
5
1
Notwithstanding the requirements as to the operation of the Mersey Tunnels Account, the amount of the liabilities mentioned in article 3(4) shall be debited to that account.
2
Without prejudice to section 99 of the County of Merseyside Act 1980, the Transport Authority may apply money from its general fund for the purposes of paying interest on or repaying or redeeming debt connected with the Tunnel loans.
Amount of deemed borrowing and designated council’s transferred debt
6
1
For the purpose of providing the designated council with revenues to discharge the liabilities specified in article 3(1) and (2), each relevant authority shall be deemed to have borrowed from that council on the transfer date the sum specified in Schedule 1 to this Order in relation to the authority in question, being a sum which reflects the obligations of that authority to the Residuary Body by virtue of the 1986 Order which are extinguished by this Order.
2
In the case of the designated council the sum so specified, being a sum which reflects that council’s obligations to the Residuary Body by virtue of the 1986 Order, which are extinguished by this Order, is hereinafter referred to as its transferred debt.
The metropolitan debt administration fund
7
1
The designated council shall on the transfer date establish and thereafter operate a loans fund which shall be called “the metropolitan debt administration fund”.
2
The fund shall be used for —
a
defraying any expenditure which falls to be met by the designated council by virtue of this Order; and
b
the repayment or redemption of debt connected with the liabilities which fall to be discharged by that council by virtue of article 3(1) and (2).
3
For the purposes of paragraph (2)(a), “expenditure” includes the administrative expenses of the designated council which are properly incurred in the performance of the duties which are imposed on it by this Order.
Repayment of principal
8
1
Subject to article 11 (early repayment), a relevant authority shall discharge its liability to the designated council in respect of its deemed borrowing by making repayments of principal to that council over a repayment period of 38 years commencing with the financial year beginning 1st April 1988.
2
The amount of principal which is to be repaid by a relevant authority in each financial year of the repayment period is 1/38th of the amount of its deemed borrowing.
3
The designated council shall pay into the fund —
a
all repayments of principal which it has received under paragraph (1);
b
amounts equal to the repayments of principal which it would be required to make if it were a relevant authority and its transferred debt were its deemed borrowing; and
c
any grant received from the Exchequer by virtue of article 4.
Payment of interest
9
1
Subject to article 11 (early repayment), in each financial year a relevant authority shall make payments to the designated council in respect of interest on its deemed borrowing in accordance with the formula specified in Schedule 2; and the designated council shall credit the fund with the amounts so paid.
2
The designated council shall in each financial year pay into the fund an amount calculated in accordance with the formula specified in Schedule 2 by way of notional interest in respect of its transferred debt.
Administrative arrangements
10
1
On or before 31st December in each year the designated council shall notify each relevant authority of its estimate of the amount to be paid by that authority in accordance with article 9(1) in respect of the next financial year; and on or before 30th June 1988 of the amount to be so paid in respect of the financial year ending 31st March 1989.
2
On 30th September and 31st March in each year each relevant authority shall pay to the designated council one half of the amount referred to in article 8(2) and one half of the amount notified to the authority as the council’s estimate of the amount payable in accordance with article 9(1) in respect of that year.
3
On or before 30th June in each year commencing with the financial year beginning 1st April 1989 the designated council shall notify each relevant authority of the actual amount payable by that authority in accordance with article 9(1) in respect of the preceding financial year. Any difference between that amount and the amounts paid by the authority in respect of interest for that year in accordance with paragraph (2) above shall be paid by the authority to the council or, as the case may be, by the council to the authority, on 30th September.
4
The designated council when estimating interest payments for the purposes of paragraph (1) above shall also estimate the amount payable by it for the relevant year in accordance with article 9(2); and shall on 30th September and 31st March in each year pay into the fund one half of the amount payable in respect of that year by virtue of article 8(3)(b) and one half of the amount estimated to be payable in accordance with article 9(2) in respect of that year.
5
Where the estimated amount paid in accordance with paragraph (4) differs from the amount actually due for the financial year in question under article 9(2), the designated council shall on 30th September following the end of that year make an appropriate payment into (or withdrawal from) the fund.
Early repayment
11
1
A relevant authority may, after giving to the designated council at least 60 days' notice in writing of its intention to do so —
a
repay the whole of the principal sum outstanding in respect of its deemed borrowing; or
b
on the 31st March in any year, repay any part of that sum.
2
The designated council may at any time discharge the whole of the balance of its transferred debt or may, on the 31st March in any year, discharge any part of that balance.
3
Where a relevant authority makes an early repayment under paragraph (1)(b), the amount of future repayments of principal shall be calculated by dividing the amount of its deemed borrowing which remains unpaid at the end of the day on which the early repayment was made by a figure which represents the number of years after that day until the end of the repayment period.
4
Where a relevant authority makes an early repayment under paragraph (1)(a) before 31st March in any financial year, the amount of interest to be paid in respect of that year shall be the relevant proportion of the amount that would otherwise have been payable in accordance with article 9(1).
5
Where the designated council makes an early repayment of part of the balance of its transferred debt, paragraph (3) above shall apply as if it referred to the designated council, to repayments under paragraph (2) above and to future payments under article 8(3)(b). Where the designated council makes an early repayment of the whole of the balance of its transferred debt before 31st March in any financial year, paragraph (4) above shall apply as if it referred to the designated council, to a repayment under paragraph (2) above and to amounts payable by virtue of article 9(2).
6
For the purposes of paragraph (4), the relevant proportion is the same proportion as that which the number of days in the period beginning with the first day of the financial year in which the early repayment is made and ending with the day on which that repayment is made bears to the number of days in the financial year.
Power to borrow
12
1
Without prejudice to its other borrowing powers, the designated council may borrow money for the purpose of discharging the part of its liabilities under article 3(1) and (2) of this Order which consists in the repayment of principal.
2
Paragraph 8 of Schedule 13 to the Local Government Act 1972 (power to borrow during the fixed period for repaying loans) shall apply in relation to money borrowed under paragraph (1) as if that money were borrowed under paragraph 1(b) of that Schedule and as if the fixed period were a period of 38 years commencing with 1st April 1988.
Revocation and savings
13
1
Subject to paragraph (2), the 1986 Order is revoked.
2
Article 6(5) of the 1986 Order (end-year settlements) shall continue to have effect until 1st October 1988.
Nicholas Ridley
Secretary of State for the Environment
10th March 1988


text:
1
These Regulations may be cited as the Rent Act 1977 (Forms etc.) (Amendment) Regulations 1988 and shall come into force on 15th January 1989.
2
In Schedule 1 to the Rent Act 1977 (Forms etc.) Regulations 1980 omit the second sentence from the first paragraph of form No. 15.
Signed by authority of the Secretary of State
John Selwyn Gummer
Minister of State,
Department of the Environment
14th December 1988
Peter Walker
Secretary of State for Wales
14th December 1988