text:
Citation and commencement
1
This Order may be cited as the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) (No. 2) Order 1989 and shall come into force–
for the purpose of articles 3(1)(b) and (d) and 6, and Schedules 2 and 4, on 1st August 1989; and
for all other purposes, on 1st September 1989.
Interpretation
2
1
In this Order–
“ the Act ” means the Education Reform Act 1988;
“ ILEA ” means the Inner London Education Authority;
“institution of further or higher education” means any institution which provides further education or higher education (or both) and is maintained by a local education authority;
“ LEA functions” has the meaning assigned to it by section 165(1)(a) of the Act; and
references to a school or institution of further or higher education which is to be maintained by an inner London council are references to a school or institution which is to be maintained by that council in the performance of its LEA functions after the abolition of ILEA.
2
Any reference in this Order to a numbered Schedule is a reference to the Schedule bearing that number to this Order.
Preparatory application of certain provisions
3
1
In preparation for the exercise of the powers to be transferred to the inner London councils on 1st April 1990–
a
in relation to courses commencing on or after that date;
b
in relation to the expression of parental preference, and appeals against any decision, as to the school at which, on or after that date, education is to be provided for a child;
c
in relation to the determination on or after 1st Sepember 1989 of arrangements for the admission of pupils to any county or voluntary school;
d
in relation to the appointment of staff to teaching and non-teaching posts intended to be taken up on or after that date at schools; and
e
in relation to applications for grants falling to be paid after that date
the provisions listed in column 1 of Schedules 1 to 5 respectively (which relate to the matters mentioned in column 2 of those Schedules) shall apply to each inner London council as if that council and not ILEA were the local education authority for its area.
2
It shall be for each inner London council, and not ILEA, to exercise any functions of a local education authority in relation to the appointment of staff to teaching and non-teaching posts intended to be taken up on or after 1st April 1990 at institutions of further or higher education to be maintained by them.
3
The duty imposed on local education authorities by section 8(5) of the Education Act 1980 and by regulations 4 and 6 of, and paragraph 4 of Schedule 2 to, the Education (School Information) Regulations 1981 to publish information relating to the curriculum at schools maintained by them shall cease to apply to ILEA on the 1st September 1989 and shall thereafter apply to each inner London council in relation to schools to be maintained by them as if that council were the local education authority for its area.
Education Committees
4
1
No action taken or thing done by an inner London council in the exercise or purported exercise of the powers conferred on it by this Order or by the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1989 shall be invalidated by reason of such a council not having established an education committee before 1st April 1990 in accordance with arrangements approved by the Secretary of State, or not having considered a report from such a committee.
2
Notwithstanding that the inner London councils do not become the local education authorities for their areas until 1st April 1990 the Secretary of State may at any time after 1st September 1989 approve arrangements made by any such council for the establishment from 1st April 1990 of an education committee under Part II of Schedule 1 to the Education Act 1944 .
Instruments and Articles of Government
5
1
Sections 1 and 2 of the Education (No. 2) Act 1986 (which contain provisions relating to instruments and articles of government for county, voluntary and maintained special schools) shall have effect from 1st September 1989 as if each inner London council, and not ILEA, were the local education authority for its area.
2
In relation to any powers, duties or functions transferred by this Order, any reference in the instrument and articles of government of any school or institution of further or higher education to ILEA shall be construed as a reference to the inner London council by whom that school or institution is to be maintained.
Schemes for financing county and voluntary schools and locally funded further and higher education
6
1
Notwithstanding that the inner London councils do not become the local education authorities for their areas until 1st April 1990, they may prepare, and the Secretary of State may at any time after 1st August 1989 approve, schemes for financing county and voluntary schools or for financing locally funded further and higher education in accordance with Chapter III of Part I or Chapter III of Part II of the Act, as the case may be.
2
a
Section 42 of the Act (which provides for financial statements relating to schemes) and any regulations made thereunder shall apply to each inner London council in respect of which the Secretary of State has approved a scheme by virtue of paragraph (1) from the date of that approval; and
b
the requirement to prepare a statement imposed by section 50(1) of the Act shall apply to each inner London council in relation to the financial year commencing 1st April 1990 as if it and not ILEA were the local education authority for its area, and as if references to schools maintained by a local education authority were references to schools to be maintained by that inner London council.


type: legislation

jurisdiction: UK

text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State for Wales notifies the County Council of Gwent (who will become the Highway Authority for that length of highway) that the new trunk roads to be constructed in pursuance of the M4/Newport–Shrewsbury Trunk Road A4042 (Relief of Brynglas Tunnels and Malpas Road) Order 1989 have been completed and are open to through traffic.
2
In this order:–
i
“the deposited plan”
means the plan numbered HA 10/2 W073 marked the “Newport–Shrewsbury Trunk Road A4042 (Malpas Interchange to Cwmbran Drive, De-trunking) Order 1989”, signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“principal road”
as a classification for a highway means that the highway is a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads, and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
iii
“the trunk road”
means the Newport–Shrewsbury Trunk Road (A4042).
3
This Order shall come into force on the 20th October 1989 and may be cited as the Newport-Shrewsbury Trunk Road A4042 (Malpas Interchange to Cwmbran Drive, De-Trunking) Order 1989.
Signed by authority of the Secretary of State
H. R. Bollington
An Assistant Secretary Welsh Office
4th October 1989


text:
1
The lengths of the trunk road described in an item in column 2 of the Schedule to this Order and given the reference letters A, B, C and D in column 3 of that Schedule and shown by broad striped hatching on the deposited plan shall as from the date on which the Secretary of State for Transport notifies the Council whose name is specified in that item in column 4 of that Schedule that the new motorway from Umberslade to Warwick is open for through traffic cease to be trunk road and be classified as principal road.
2
Each of the lengths of the trunk road described in an item in column 2 of the Schedule to this Order and given the reference letters E, F, G, H, J and K in column 3 of that Schedule and shown by broad striped hatching on the deposited plan shall as from the date on which the Secretary of State for Transport notifies the Council whose name is specified in that item in column 4 of that Schedule that the new motorway from Warwick to Wendlebury is open for through traffic cease to be a trunk road and be classified as a classified road in the case of the lengths given the reference letters F, H, J and K in column 3 of that Schedule and as a principal road in the case of the lengths given the reference letters E and G in column 3 of that Schedule.
3
In this Order:–
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the deposited plan” means the plan numbered HA 10/2 WMRO (L) VI marked “The A41 London–Birmingham Trunk Road (Bicester to South of Knowle) De-Trunking Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iv
“the trunk road” means the London–Birmingham Trunk Road (A41);
v
“the new motorway” means the motorway to be provided by the Secretary of State in pursuance of the M40 London– Oxford–Birmingham Motorway (Umberslade to Warwick Section) and Connecting Roads Scheme 1976 , and the M40 London–Oxford–Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No.1) Scheme 1984 , (No.2) Scheme 1985 , and (Supplementary) Scheme 1985 .
4
This Order shall come into force on 18th December 1989 and may be cited as the A41 London–Birmingham Trunk Road (Bicester to South of Knowle) De-Trunking Order 1989.
Signed by authority of the Secretary of State
D.R. Ritchie
Regional Director West Midlands Region
Department of Transport
1st December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Change of Landlord) (Prescribed Forms) Regulations 1989 and shall come into force on 5th April 1989.
General interpretation
2
1
In these Regulations–
“ the Act ” means the Housing Act 1988;
“applicant” means a person who has made an application claiming to exercise the right conferred by Part IV of the Act;
“business tenant” means a tenant under a tenancy to which Part II of the Landlord and Tenant Act 1954 applies;
“landlord” means a public sector landlord to whom an application has been made to exercise the right conferred by Part IV of the Act;
“teller” means a person independent from the applicant to whom the tenants consulted in accordance with section 102 of the Act are to give notice of whether or not they wish to continue as tenants of the landlord.
2
References in these Regulations to sections by number are references to sections bearing those numbers in the Act.
Forms
3
The following forms or forms substantially to the same effect are prescribed for the purposes specified–
a
the form set out in Schedule 1 to these Regulations shall be the form of application to be used by an applicant in claiming under section 96(1) to exercise the right to acquire conferred by Part IV of the Act;
b
the form set out in Schedule 2 to these Regulations shall be the form of notice to be used by a landlord under section 97(1) in specifying information for an applicant;
c
the form set out in Schedule 3 to these Regulations shall be the form of notice to be used by a landlord under section 98(1) in stating proposals as to the buildings and property proposed to be acquired;
d
the form set out in Schedule 4 to these Regulations shall be the form of notice to be used by a landlord in specifying under section 99(1) the purchase price or disposal cost;
e
the form set out in Schedule 5 to these Regulations shall be the form of notice to be used by an applicant under section 103(1) in stating his intention to proceed;
f
the form set out in Schedule 6 to these Regulations shall be the form to be used by a tenant who has notified an applicant as specified in regulation 16(7) of the Housing (Change of Landlord) Regulations 1989 in giving notice under section 103(2) as to whether or not he wishes to continue as a tenant of his landlord;
g
the form set out in Schedule 7 to these Regulations shall be the form to be used by a tenant in giving notice under section 103(2) in any case other than the one referred to in paragraph (f) as to whether or not he wishes to continue as a tenant of his landlord.
Nicholas Ridley
Secretary of State for the Environment
9th March 1989
Peter Walker
Secretary of State for Wales
9th March 1989


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Amendment No.2 Order 1989 and shall come into force at one minute past midnight on 9th November 1989.
Amendment of the principal Order
2
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1989 shall be further amended by inserting in the Schedule to that Order (the designated area) at the end the further areas described in the Schedule to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food


text:
1
In these Regulations —
“the 1981 Confirmation Instrument ” means the Edinburgh City Bypass (Colinton Section and Connecting Roads) Special Roads Scheme 1980 Confirmation Instrument 1981( );
“the 1989 Confirmation Instrument ” means the Edinburgh City Bypass (Sighthill, Burdiehouse, Gilmerton and Millerhill Sections and Connecting Roads) Special Roads Scheme 1988 and the Edinburgh City Bypass (Sighthill, Burdiehouse, Gilmerton and Millerhill Sections and Connecting Roads) Special Roads (Appropriation) Order 1988 Confirmation Instrument 1989( ).
2
These Regulations may be cited as the Edinburgh City Bypass (Sighthill, Colinton, Burdiehouse, Gilmerton and Millerhill Sections and Connecting Roads) (Speed Limit) Regulations 1989 and shall come into force on such date as may be declared by a notice published as mentioned in section 1(4) of the said Act to be the date on which the special roads described in the Schedule to the 1989 Confirmation Instrument are open for use as a special road.
3
No person shall drive any motor vehicle on the special roads described in the Schedules to the 1981 Confirmation Instrument and the 1989 Confirmation Instrument at a speed greater than 70 m.p.h.
4
The Edinburgh City Bypass (Colinton Section and Connecting Roads) (Speed Limit) Regulations 1983( ) are hereby revoked.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
15th November 1989


text:
PART I
Citation, commencement and interpretation
1
1
This Order may be cited as the Greater Manchester Residuary Body (Winding Up) Order 1989 and shall come into force on 30th August 1989.
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“the 1985 Act ” means the Local Government Act 1985;
“the abolished council” means the former Greater Manchester County Council;
“the Residuary Body ” means the Greater Manchester Residuary Body;
“the local council” means the council of a district in the county and in relation to property means, except in article 3, the council of the district in which the property is situated;
“the county” means the county of Greater Manchester;
“property”, except in article 10(2), does not include cash or the balance of any fund or account;
“ Stockport ” means the council of the metropolitan borough of Stockport;
“ Tameside ” means the council of the metropolitan borough of Tameside;
“ Manchester ” means the council of the city of Manchester;
“ Oldham ” means the council of the metropolitan borough of Oldham;
“ Wigan ” means the council of the metropolitan borough of Wigan; and
“the transfer date” means 31st August 1989.
3
For the purpose of any provision of this Order which requires the payment or recovery of sums in the appropriate proportions, —
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the county; and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to the 30th June which falls 21 months before the beginning of the financial year in which the payment falls to be made or the sum recovered, as the case may be.
4
For the purpose of any provision of this Order, any matter which falls to be determined by the local councils in consequence of the transfer to them jointly of any property, functions, rights or liabilities shall require the agreement of a majority of all the local councils and any such agreement shall be binding on all the local councils.
PART II
TRANSFER OF PROPERTY, FUNCTIONS, RIGHTS AND LIABILITIES
Transfer of property, etc.
2
1
Subject to article 3, on the transfer date —
a
all interests of the Residuary Body in any immovable property which —
i
is the subject of an agreement for its disposal or option for its purchase; or
ii
was occupied by the Crown Prosecution Service on 31st March 1989,
shall vest in Stockport;
b
all interests of the Residuary Body in the offices at Third Floor, The Royal Exchange, Cross Street, Manchester and all of their movable property shall vest in Stockport;
c
all interests of the Residuary Body in part of Lawns Wood, Wigan Road, Crooke registered at Her Majesty’s Land Registry under title number GM159574 shall vest in Stockport;
d
all other immovable property of the Residuary Body shall vest in the local council; and
e
all interests of the Residuary Body in respect of any mortgage granted in pursuance of section 132 of the Housing Act 1985 shall vest in the local council.
2
Subject to paragraphs (3) and (4) below, all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to property transferred by paragraph (1) shall vest in the council to which it is so transferred.
3
Any right of the Residuary Body to receive grants or subsidies from the Exchequer or from the European Commission shall, insofar as it relates to property transferred by paragraph (1), vest in Stockport.
4
Any liability of the Residuary Body to repay such grants or subsidies as are mentioned in paragraph (3) shall vest in Stockport, except where the liability to repay is associated with property which is by paragraph (1) transferred to another local council, in which case the liability to repay shall vest in that other local council.
5
In each financial year commencing with the financial year beginning 1st April 1989 Stockport shall pay to each of the other local councils the appropriate proportion of an amount equal to Stockport’s net revenue receipts from any interest vested by paragraph (1)(a), (b) and (c), and net capital receipts from the disposal of any such interest so vested.
6
In the preceding paragraph, “net revenue receipts” means revenue receipts in the year in question after deducting the aggregate amount of expenditure incurred by Stockport in that year in connection with interests vested by paragraph (1)(a), (b) or (c); and “net capital receipts” means capital receipts in the year in question after deducting any amount by which net revenue receipts are a negative amount.
7
The balance of the net capital and revenue receipts shall be retained by Stockport.
Transfer of Central Station Site, etc
3
1
The Residuary Body’s interests in the Central Station Site, Manchester, registered at Her Majesty’s Land Registry under Title numbers GM161103 and GM265086, shall vest jointly in Manchester, Oldham, Stockport and Wigan as trustees for all the local councils.
2
All rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to property transferred by paragraph (1) shall vest jointly in all the local councils.
3
The Residuary Body’s beneficial interest in the share capital of Modesole Limited shall vest in the local councils, and each local council shall receive the number of shares shown against its name in the Schedule to this Order.
4
Any sums received or payments due in consequence of the provisions of paragraph (1) and (2) shall be distributed among or discharged by the local councils in the appropriate proportions.
Transfer of monies
4
1
Immediately before the transfer date, the Residuary Body shall set aside from their revenue balances the sum of £150,000 (“the special fund”), to meet their expenditure between the transfer date and 31st October 1989.
2
On the transfer date all monies held by the Residuary Body and all sums standing to the credit of that Body on any account (other than the special fund) shall vest in Stockport.
3
On or before 31st March 1990 Stockport shall pay to each of the other local councils the appropriate capital and appropriate revenue sums as defined in paragraph (4).
4
In paragraph (3) —
“appropriate capital sum” means a sum equal to the appropriate proportion of the aggregate amount of capital money held by the Residuary Body or standing to its credit on any account immediately before the transfer date;
“appropriate revenue sum” means a sum equal to the appropriate proportion of the aggregate of all other sums which immediately before the transfer date are held by, or stand to the credit of, the Residuary Body on any account other than the special fund.
5
The amounts reflecting the difference between the amounts vested by paragraph (2) and the amounts which fall to be paid to other local councils by paragraph (3) shall be retained by Stockport as their share of the vested amounts.
6
In this article “capital money” means monies described in article 2(2)(a) of the Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 .
Compensation and superannuation matters
5
1
All the functions of the Residuary Body in relation to any contract of employment with the Residuary Body terminating on or before the transfer date, and all rights and liabilities of that Body which arise from any such contract shall on the transfer date become functions of, or vest in, Tameside.
2
Without prejudice to the generality of paragraph (1) the functions of the Residuary Body conferred by regulation 3(1) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 shall vest in Tameside.
3
All the functions of the Residuary Body under the Pensions (Increase) Act 1971 shall on the transfer date become functions of Tameside.
4
Regulation 3(3) of the Regulations mentioned in paragraph (2) above shall apply to the exercise by Tameside of any discretionary function transferred by paragraph (1) as if references to the appropriate residuary body were references to that council.
Transfer of rights and liabilities
6
1
Subject to paragraphs (2) and (4), on the transfer date all rights and liabilities of the Residuary Body which are not transferred by the preceding provisions of this Order shall vest in Stockport to be held for the benefit of, or discharged on behalf of, all the local councils.
2
All remaining rights and liabilities of the Residuary Body in respect of the Midland Hotel site, Manchester, shall vest jointly in all the local councils.
3
Any sums received or payments due in consequence of the provisions of paragraph (2) shall be distributed among or discharged by the local councils in the appropriate proportions.
4
Paragraph (1) shall not apply to any liability of the Residuary Body to pay remuneration to its members, or to any function of the Residuary Body in relation to any contract of employment other than those mentioned in article 5(1), and any right or liability of the Residuary Body in relation to the special fund set aside under article 4(1) shall remain the right or liability of the Residuary Body.
5
Liabilities in respect of money borrowed by the Residuary Body (both as respects principal and interest) transferred by paragraph (1) shall be charged on the revenues of Stockport.
Consequential financial provisions
7
1
Any net capital receipts paid to a local council pursuant to article 2(5) and the balance of net capital receipts retained by Stockport pursuant to article 2(7) shall be treated for the purposes of Part VIII (capital expenditure) of the 1980 Act as a capital receipt of the council.
2
Any sum paid to a local council as an appropriate capital sum under article 4(3) or retained by Stockport pursuant to article 4(5) and reflecting capital monies shall be treated for the purposes of the said Part VIII as a capital receipt of the council.
3
Regulations under sections 72(3)(d) and 75 of the 1980 Act shall apply to amounts to be treated by virtue of this article as capital receipts of a local council for the purposes of Part VIII as they apply to other receipts of the council.
4
Sums received by Stockport in respect of the disposal of interests vested in that council by article 2(1)(a), (b) or (c) of this Order shall not be capital receipts for the purposes of Part VIII of the 1980 Act.
8
Any net capital receipts or appropriate capital sum paid to a local council pursuant to article 2(5) or 4(3), and the balance of net capital receipts and the appropriate capital sum retained by Stockport pursuant to articles 2(7) and 4(5), shall be applied for any purpose for which capital money received by a local council on the disposal of land under Part VII of the Local Government Act 1972 may properly be applied.
Consequential administrative arrangements
9
1
On or before 31st December 1989 and 31st October in any later year, Stockport shall notify every other local council of its estimate of the amount to be paid to that council in the current financial year by way of net capital receipts under article 2(5) or an appropriate capital sum under article 4(3) and of the classes of disposals and repayments to which that amount relates.
2
On making any payment of net capital receipts in pursuance of article 2(5) or of an appropriate capital sum in pursuance of article 4(3) Stockport shall notify the council of classes of disposals and repayments to which the payment relates.
3
For the purposes of paragraphs (1) and (2), disposals and repayments shall be classified in accordance with Schedule 1 to the Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987 .
4
When Stockport send a notification under paragraph (1) or (2) to another council they shall send a copy to the Secretary of State and where he is sent a copy of a notification under paragraph (2) they shall advise the Secretary of State of the amount paid to that council.
5
Stockport shall —
a
on or before the relevant date mentioned in paragraph (1) provide the Secretary of State with an estimate of the amount they anticipate they will retain in the current financial year by way of capital monies and of the classes of disposals and repayments to which that amount relates; and
b
when they retain any amount following a distribution of capital monies notify the Secretary of State of the amount retained and the classes of disposals and repayments to which that amount relates.
6
The Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 shall cease to have effect in relation to the county on the transfer date.
PART III
WINDING UP
Winding up
10
1
In relation to the year beginning 1st April 1989 paragraph 10(1) of Schedule 13 to the 1985 Act shall have effect in relation to the Residuary Body as if it referred to a report for a period between that date and 31st October 1989.
2
On 31st October 1989 the Residuary Body shall be wound up and
a
any functions, rights and liabilities in respect of, or relating to, any remaining contract of employment with the Residuary Body shall become functions, rights and liabilities of Tameside; and
b
any remaining functions, property, rights and liabilities shall vest in Stockport and be held by that council for the benefit of all the local councils or discharged by that council on their behalf, as the case may be.
Accounts
11
Any function under —
a
section 78 or 79 of the 1985 Act;
b
Part III of the Local Government Finance Act 1982
which would, but for this Order, have fallen to be discharged on or after 31st October 1989 by the Residuary Body shall be discharged by Stockport.
PART IV
MISCELLANEOUS AND GENERAL
Apportionment
12
1
All sums realised by Stockport or Tameside, as the case may be, in pursuance of the transfer by article 5(1), 6(1) or 10(2) of this Order of any rights shall, after deduction of any relevant expenditure, be apportioned among the local councils; and Stockport or, as the case may be, Tameside, shall pay the appropriate proportion to each of the other local councils and shall retain the balance.
2
If in any financial year the aggregate of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure for that year, that expenditure shall, to the extent that it is not met from that aggregate, be apportioned among the local councils; and the appropriate proportion shall be recoverable by Stockport or Tameside, as the case may be, from each of the other local councils.
3
In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
Continuity of the exercise of functions
13
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this order becomes the function of Stockport or Tameside, shall, so far as is required for continuing its effect after the transfer date, have effect as if done by or in relation to Stockport or Tameside, as the case may be.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Continuity of employment in certain cases
14
Where the employment by the Residuary Body of any person is terminated, and that termination is attributable to any provision of this Order, regulation 5 (continuity of employment) of the Local Government Superannuation (Local Government Reorganisation) Regulations 1985 shall apply as if, for the purposes of paragraph (1)(b)(ii), the termination were not attributable to an order under section 67(3) of the 1985 Act.
Complaints of maladministration by Residuary Body
15
1
The Parliamentary Commissioner may investigate, or, as the case may be may continue to investigate, a complaint of maladministration by the Residuary Body notwithstanding its winding up.
2
In relation to any such investigation begun or continued after the transfer date, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the principal officer of the Residuary Body there were substituted —
a
if the complaint related to a function which, by virtue of this Order, becomes a function of Tameside, a reference to the proper officer of Tameside;
b
if the complaint relates to land which, by virtue of this Order, vests in a local council, a reference to the proper officer of that council; or
c
in any other case, a reference to the proper officer of Stockport;
and as if any specific action had been taken, by Tameside or, as the case may be, the local council or Stockport.
Disputes
16
In the event of a dispute between any of the local councils as to the amount of any expenditure recoverable by Stockport or Tameside pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
C. F. Patten
Secretary of State for the Environment
1st August 1989


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1989 and shall come into force on 1st April 1989.
2
1
In these Regulations:
“the Act of 1948 ” means the Merchant Shipping Act 1948;
“the Act of 1949 ” means the Merchant Shipping (Safety Convention) Act 1949;
“the Act of 1967 ” means the Merchant Shipping (Load Lines) Act 1967;
“the Act of 1970 ” means the Merchant Shipping Act 1970;
“the Act of 1974 ” means the Merchant Shipping Act 1974;
“the Act of 1979” means the Merchant Shipping Act 1979;
“the principal Act ” means the Merchant Shipping Act 1894 ; and
“tons” means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.
2
Subject to regulation 3 below the following Regulations are hereby revoked:–the Merchant Shipping (Fees) Regulations 1988 ; the Merchant Shipping (Fees) (Amendment) Regulations 1988 .
3
Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.
4
Where a fee is determined by the amount of work involved on or off the ship:
a
travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded except for the initial survey or inspection of a fishing vessel under the Fishing Vessel (Safety Provisions) Rules 1975 or the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 ;
b
travelling time includes the time taken to travel from the United Kingdom to a ship overseas subject to a maximum of 10 hours in any 24 hour period;
c
notwithstanding regulation 4(a) above, travelling time in the United Kingdom in respect of the survey of a fishing vessel for the renewal of a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 shall be charged for at a flat rate of £45 for each of up to and including three visits required for the survey or inspection, and for any visit after the third visit required for the survey at a rate of £90 for each such visit or, if more than two hours travelling time are involved in any such visit, at a rate of £45 per hour, up to a maximum of £180 for each such visit;
d
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
e
time spent by a surveyor in the office in respect of the survey of a fishing vessel for a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 or of an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be charged for at a rate of £45 per hour, except that in the case of a survey of a fishing vessel for the renewal of such a certificate the charge shall be at a flat rate of £180.
f
where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;
g
any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.
5
1
The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.
2
The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate.
3
Where a fee payable under these Regulations is for, or covers, the issue or endorsement of a certificate, the certificate need not be issued or endorsed unless that fee has been paid. Signed by the authority of the Secretary of State
Michael Portillo
Minister of State,
Department of TransportWe consent to and approve the making of these Regulations,
1st March 1989
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury.
1st March 1989.


text:
1
This Order may be cited as the Water Reorganisation (Successor Companies) (Transfer of Loans) Order 1989 and shall come into force on 1st September 1989.
2
Any liability of a successor company (being a company wholly owned by the Crown) in respect of the principal of any relevant loan shall on the coming into force of this Order or, if later, when control of that company passes to its nominated holding company, become the liability of that successor company’s nominated holding company.
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
15th August 1989
Chris Patten
Secretary of State for the
Department of the Environment
16th August 1989
We consent,
David Lightbown
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th August 1989


text:
1
This Order may be cited as the Central Regional Council (Denny and Dunipace Water Supply Confirmation Act 1888) Repeal Order 1989 and shall come into force on 22nd August 1989.
2
The Denny and Dunipace Water Supply Confirmation Act 1888( ) is hereby repealed.
3
The Central Regional Council shall at all times after the expiration of six months from the date on which this Order comes into force keep a copy thereof at the office of the Chief Executive of the Council.
Alasdair C Paton
Deputy Chief Engineer, Scottish Office, Scottish Development
Department
27 Perth Street,
Edinburgh
15th August 1989


text:
1
These Regulations may be cited as the Water Appointment (Monopolies and Mergers Commission) Regulations 1989 and shall come into force on 1st September 1989.
2
These Regulations have effect in relation to any reference made to the Monopolies and Mergers Commission for the determination of any question or other matter in pursuance of provisions contained in an instrument of appointment of a water or sewerage undertaker made under Chapter I of Part II of the Water Act 1989.
3
The provisions of the Water Act 1989 listed in column 1 of the Schedule to these Regulations shall apply to a reference described in regulation 2 above as they apply to references under section 16 of that Act (modification references to Monopolies Commission), subject to the modifications (if any) set out in column 2 of the Schedule.
Francis Maude
Parliamentary Under Secretary of State for Corporate Affairs,
Department of Trade and Industry
7th July 1989


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Areas to which Pupils and Students Belong) Regulations 1989 and shall come into force on 1st April 1990.
Interpretation
2
In these Regulations —
a
“ the Act ” means the Education (No. 2) Act 1986; “further education” has the meaning assigned to it by section 41 of the Education Act 1944 ; “further education student” means a pupil in respect of whom provision for further education is made; “higher education” has the meaning assigned to it by section 120(1) of the Education Reform Act 1988 ; “hospital” includes a nursing home or other establishment (not being a school) for the care of persons who are sick or disabled (including pupils whose sickness or disability makes special educational provision requisite) and, in relation to such an establishment, “patient” includes any sick or disabled person cared for therein; “provision for education” shall be construed according to section 51(7) of the Act read with section 82(4) and (5) of the Education Reform Act 1988; “school pupil” means a pupil in respect of whom provision for primary or secondary education is made and includes a pupil for whom such provision is made otherwise than at a school and a pupil for whom special educational provision is made; “special educational provision” has the meaning assigned to it by section 1 of the Education Act 1981 ;
b
references to the place where a person is ordinarily resident are references to the address where that person is habitually and normally resident apart from temporary or occasional absences; and
c
references to the person responsible for a pupil are to the parent or other person in England or Wales with whom the pupil ordinarily resides (or, when there is no such person, who has care of him) when he is not attending school or in hospital.
Revocation of previous regulations
3
The Regulations referred to in the Schedule hereto are hereby revoked.
General principle
4
Subject to the following provisions of these Regulations —
a
a school pupil or full-time further education student shall be treated as belonging to the area of the local education authority in which he is ordinarily resident or, where he has no ordinary residence, the area of the authority in which he is for the time being resident; and
b
a part-time further education student shall be treated as belonging to the area of the local education authority in which he was resident at the beginning of the current year of his course.
Special cases Boarding school pupils
5
1
This regulation shall apply in the case of a pupil other than one for whom a statement of special educational needs is maintained under the Education Act 1981, who attends a boarding school as a boarder, where —
a
the school is maintained by a local education authority or is a grant-maintained school, or
b
he so attends pursuant to arrangements made by such an authority undersection 6 of the Education (Miscellaneous Provisions) Act 1953 , or
c
any fees or expenses which are related to his attendance are paid, in whole or in part, by such an authority under regulations for the time being in force under section 81 of the Education Act 1944 .
2
Such a pupil shall, irrespective of whether he commenced boarding at the school before or after the coming into force of these Regulations, be treated, for so long as he is a boarder at the school, as belonging to the area of the local education authority —
a
who placed him at the school or give him financial assistance in respect of his attendance there, or, where there is no such authority,
b
who maintain the school or (in the case of a grant-maintained school) from whom sums are recoverable under section 81 of the Education Reform Act 1988 in respect of the school.
School pupils boarded out
6
1
This regulation shall apply in the case of a school pupil who —
a
is provided with boarding accommodation otherwise than at his school, in pursuance of section 50(1) of the Education Act 1944 ; and
b
spends his holidays at that accommodation.
2
Where the person responsible for such a pupil is ordinarily resident in the area of a local education authority the pupil shall be treated as belonging to that area.
3
Where the person responsible for such a pupil is not so resident, the pupil shall be treated as belonging to the area of the local education authority which provides the said boarding accommodation.
Boarding school pupils with special educational needs
7
1
This regulation shall apply in the case of a school pupil for whom a statement of special educational needs is maintained under the Education Act 1981, and who —
a
attends a boarding school; and
b
does not spend his holidays with the person responsible for him.
2
Where the person responsible for such a pupil is ordinarily resident in the area of a local education authority the pupil shall be treated as belonging to that area.
3
Where the person responsible for such a pupil is not so resident, the pupil shall be treated as belonging to the area of the local education authority which maintains the said statement.
School pupils resident in hospital
8
1
This regulation shall apply in the case of a school pupil who receives education while residing as a patient in a hospital.
2
Where the person responsible for such a pupil is ordinarily resident in the area of a local education authority the pupil shall be treated as belonging to that area.
3
Where the person responsible for such a pupil is not so resident, the pupil shall be treated as belonging to the area to which he belonged immediately before he became a patient in the hospital.
4
Where the pupil did not belong to the area of any local education authority immediately before he became a patient in the hospital, he shall be treated as belonging to the area of the local education authority in which the hospital is situated.
School pupils whose parents are resident outside England and Wales
9
1
This regulation shall apply in the case of a school pupil whose parents are either ordinarily resident, or for the time being resident, outside England and Wales, if the circumstances are such that subparagraph (a) or (b) of paragraph (2) applies.
2
a
Where the person responsible for such a pupil is ordinarily resident in the area of a local education authority, the pupil shall be treated as belonging to that area; and
b
where that person is not so resident, the pupil shall be treated as belonging to the area of the local education authority where his parents (or either of them) were last ordinarily resident.Further education students becoming ordinarily resident for educational purposes
10
1
This regulation shall apply in the case of a student attending a course of full-time further education (his “current course”) who moved to become ordinarily resident in the area of a local education authority for the purpose of attending either his current course or such a previous course as is mentioned in paragraph (3).
2
a
Where immediately before so moving such a student was ordinarily resident in the area of another local education authority, he shall be treated as belonging to the area of that other authority for so long as he attends his current course; and
b
where immediately before so moving such a student was not so resident, he shall be treated as belonging to the area of the authority in which he attends his current course.
3
The reference in paragraph (1) (and in regulation 11(1)) to a previous course is a reference to a full-time course of further education or higher education which, disregarding an intervening vacation, the student was attending immediately before commencing his current course.
Further education students who change ordinary residence while attending courses
11
1
This regulation shall apply in the case of a student whose ordinary residence changes while he is attending a course of full-time further education (his “current course”) or such a previous course as is mentioned in regulation 10(3).
2
Where the student was treated as belonging to the area of a local education authority immediately before his change of ordinary residence (or would have been so treated had his previous course not been a course of higher education), he shall continue to be treated as belonging to that area for so long as he attends his current course.
Further education students in receipt of awards
12
1
This regulation shall apply in the case of a student attending a course of full-time further education in respect of which he is granted an award by a local education authority (otherwise than pursuant to section 1 of the Education Act 1962 ) and shall so apply to the exclusion of any preceding regulation which would otherwise apply in his case.
2
The student shall be treated as belonging to the area of the authority by whom the award was granted so long as he attends the course in question.
Further education students educated in hospitals
13
1
A further education student who has not attained the age of 19 years and who —
a
is ordinarily resident in the area of a local education authority by reason only of his residing as a patient in a hospital in that area; and
b
receives education at that hospital,shall be treated as belonging to the area of the local education authority in which he was ordinarily resident immediately before taking up residence in the hospital.
2
A further education student who has attained the age of 19 years and who receives education in a hospital in which he resides as a patient shall be treated as belonging to the area of the local education authority in which the hospital is situated.
3
This regulation shall apply to the exclusion of any preceding regulation which would otherwise apply to such a student.
Pupils and students in local authority care
14
1
This regulation shall apply in the case of a school pupil or full-time further education student in the care of a local authority and shall so apply to the exclusion of any preceding regulation which would otherwise apply in his case.
2
Such a person shall be treated as belonging to the local education authority area which coincides with or includes the area of the local authority in whose care he is unless that authority has placed him with a foster parent in the area of another local authority in which event the pupil shall be treated as belonging to the area of that other authority.
Pupils and students resident in refugee camps
15
A school pupil or further education student who is for the time being resident in a camp or other accommodation or establishment provided for refugees or displaced or similar persons shall be treated as belonging to the area of the local education authority in whose area the camp, accommodation or establishment is sited.
Period for claims for recoupment
16
The period within which a claim for recoupment may be made under section 51 of the Act shall be 18 months after the end of the year in which the provision was made, being
a
in the case of a school pupil a year ending with 31st March, and
b
in the case of a further education student a year ending with 31st July.
John MacGregor
Secretary of State for Education and Science
2nd November 1989
Peter Walker
Secretary of State for Wales
6th November 1989


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Competition in Sports and Leisure Facilities) Order 1989 and shall come into force on the seventh day after the date on which it is approved by resolution of each House of Parliament.
Managing sports and leisure facilities to be a defined activity
2
1
In section 2(2) of the Local Government Act 1988 after paragraph (e) there shall be inserted —
ee
managing sports and leisure facilities;
.
2
In Schedule 1 (Competition) to that Act, at the end, there shall be added —
Managing sports and leisure facilities
8
1
Subject to sub-paragraphs (2) and (3), managing any of the following facilities, including any of those facilities provided in sports centres or leisure centres or on other premises where facilities not mentioned in this sub-paragraph are also provided, falls within section 2(2)(ee) above —
a
swimming pools, skating rinks, gymnasia;
b
tennis courts, squash courts, badminton courts, pitches for team games, athletics grounds;
c
tracks and centres for bicycles (whether motorised or not), golf courses, putting greens, bowling greens, bowling centres, bowling alleys;
d
riding centres, courses for horse racing, artificial ski slopes, centres for flying, ballooning or parachuting, and centres for boating or water sports on inland or coastal waters.
2
Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above if the facilities are provided —
a
on premises not predominantly used for sport or physical recreation;
b
on premises occupied by educational institutions.
3
Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above —
a
if that facility is provided —
i
in England or Wales under section 53 of the Education Act 1944 (whether or not also provided under section 41 of that Act) and whether or not also provided under section 19 of the Local Government (Miscellaneous Provisions) Act 1976 ; or
ii
in Scotland under section 6 or 17 of the Education (Scotland) Act 1980 , whether or not also provided under section 15(2) of the Local Government and Planning (Scotland) Act 1982 ; and
b
i
where the facility is on premises on which no other facility described in sub-paragraph (1) is provided, if educational institutions have used it exclusively in the immediately preceding financial year for more than 600 hours; or
ii
where the facility is on premises on which two or more of the facilities described in sub-paragraph (1) are provided, if educational institutions have used exclusively in the immediately preceding financial year facilities of at least half of the descriptions provided (whether concurrently or at different times) and the aggregate periods of their exclusive use in that year of the facilities so described exceeds 600 hours.
4
For the purposes of sub-paragraph (1), without prejudice to the generality of the term, “managing” includes arranging —
a
for instruction in the sport or other physical recreational activity provided;
b
for supervision of the sport or activity;
c
catering;
d
the hiring out of equipment for use at the facility;
e
the marketing and promotion of the facility;
f
the taking of bookings;
g
the collection of, and accounting for, fees and charges;
h
the physical security of the premises;
j
he cleaning and proper maintenance of the facility other than the external parts of buildings;
and also includes assuming responsibility for heating, lighting and other service charges in relation to the facility.
5
In this paragraph, “educational institutions” —
in England and Wales, means schools which are county or voluntary schools, or special schools, maintained by the local education authority; and institutions for the provision of higher or further education, or both, which are either maintained by the local education authority or are substantially dependent for their maintenance on assistance from the local education authority; and
in Scotland means public schools, or special schools, under the management of the education authority and any other institutions provided and maintained by the education authority for the provision of further education; and
in England, Wales and Scotland, for the purposes of sub-paragraph (2)(b) only, includes nursery schools.
.
Managing Sports and Leisure facilities: works contracts
3
Sections 4 and 5 of the Local Government Act 1988 shall have effect in respect of works contracts to carry out managing sports and leisure facilities as if for the date “1st April 1989” wherever occurring in those sections there were substituted “1st October 1991”.
Signed by authority of the Secretary of State for the Environment
Lord Hesketh
Parliamentary Under Secretary of State
Department of the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
21st December 1989
Malcolm Rifkind
Secretary of State for Scotland
21st December 1989


text:
1
This order may be cited as the Public Telecommunication System Designation (West Country Cable Limited) Order 1989 and shall come into force on 22nd January 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary under Secretary of State
Department of Trade and Industry
15th December 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that:
a
where the highway is a highway maintainable at 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, enclose 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 route of the new trunk road is opened for the purpose of through traffic.
4
In this Order–
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan”
means the plan numbered HA10/YHRO10 marked “The A1079 Trunk Road (Market Weighton Bypass) Order 1989,” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iii
“the Trunk Road”
means the A1079 Trunk Road.
5
This Order shall come into force on 14th September 1989 and may be cited as the A1079 Trunk Road (Market Weighton Bypass) Order 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
14th August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Building Regulations (Amendment) Regulations 1989 and shall come into force on 1st April 1990.
Amendment of the Building Regulations 1985
2
The Building Regulations 1985 shall be amended as follows —
1
In regulation 2(1) the following definitions shall be omitted, namely, “element”, “exposed”, “industrial building”, “residential building”, “solid parts”,“U value”, “wall” and “window”.
2
In regulation 3(3) the words “or paragraph L4 or L5” shall be omitted.
3
In regulations 6(1) (a) the words “G1 (food storage)” shall be omitted and after the words “sanitary conveniences” there shall be inserted the words “and washing facilities”.
4
For parts F, G, H and L of Schedule 1 there shall be substituted the Parts respectively set out in the Schedule to these regulations.
5
The following paragraph shall be inserted in regulation 11 after paragraph (5) —
6
A person who intends to carry out building work consisting only of the installation of a hot water supply system in relation to which paragraph G3 (hot water storage) of Schedule 1 imposes requirements shall not be required to give a building notice or deposit full plans if —
a
the system is approved by the British Board of Agrément, and
b
it is to be installed by or under the supervision of an installer approved by the Board.
.
6
In regulation 13(3)(b) the words after “these regulations” shall be omitted.
Consequential amendments to the Building (Approved Inspectors etc ) Regulations 1985
3
The Building (Approved Inspectors etc) Regulations 1985 shall be amended as follows —
1
In regulation 10(2) for the words “any requirement of paragraph L2 or L3” there shall be substituted the words “paragraph L1”.
2
In regulation 27(2), for paragraph (b) there shall be substituted — “(b) Part L (conservation of fuel and power) of Schedule 1 to those regulations.”.
onal provisions
4
These Regulations shall not apply where —
a
before 1st April 1990 a building notice has been given to, or full plans deposited with, a local authority or an initial notice or a public body’s notice has been given in accordance with sections 47(1) and 54(1) respectively of the Building Act 1984, or
b
work is carried out after that date in accordance with any such notice or plans, whether with or without any departure or deviation from them,
and the Building Regulations 1985 and the Building (Approved Inspectors etc) Regulations 1985 shall continue to apply to such a notice or plans and to such work as if the amendments in these Regulations had not been made.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
4th July 1989


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Second Amendment) Regulations 1989 and shall come into force on 1st January 1990.
2
The Civil Aviation (Canadian Navigation Services) Regulations 1986 , shall be amended by substituting for regulation 4 thereof the following new regulation:–
4
1
The operator of an aircraft, wherever registered, shall pay to the Authority charges in respect of air navigation services provided by or on behalf of the Government of Canada as follows:–
a
in respect of each flight between any point in North America and any point outside North America in the course of which the aircraft makes use of such services within the Gander Flight Information Region, a charge of $108.80 Canadian; and
b
in respect of each flight between any two points one of which is in Europe (including Iceland) or Greenland in the course of which the aircraft makes use of such services, being services provided by the Edmonton Area Control Centre, a charge of $84.15 Canadian; and
c
in respect of each flight in the course of which the aircraft makes use of international radio frequencies to obtain telecommunication services provided by or on behalf of the Government of Canada, a charge of $54 Canadian.
2
The charges specified in paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.
.
Signed by authority of the Secretary of State for Transports
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
28th November 1989
We consent to the making of these Regulations
David Lightbown
Stephen Dowell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1989


text:
1
These Regulations may be cited as the Police Federation (Amendment) Regulations 1989 and shall come into force on 2nd May 1989.
2
For regulation 20(2) of the Police Federation Regulations 1969 (hereinafter called “the principal Regulations”) there shall be substituted the following paragraphs–
2
Federation property and funds held by a central committee shall be vested in three trustees appointed by the committee in question.
2A
Federation property and funds held by the joint central committee shall be vested in three trustees, of whom each of the central conferences shall have elected one from among the delegates to that conference, appointed by the joint central committee.
2B
Rules made by the joint central conference may prescribe the term of office of trustees appointed under paragraph (2A) and may provide for the conduct of elections under that paragraph and the filling of casual vacancies among trustees appointed thereunder.
.
3
The three persons appointed by the joint central committee to be trustees of the Federation property and funds held by that committee who hold that office immediately before these Regulations come into force shall be deemed to have been so appointed and to hold office under paragraphs (2A) and (2B) of regulation 20 of the principal Regulations.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd March 1989


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax) Regulations 1989 and shall come into force on 6th April 1989 but shall have effect for the year of assessment 1986–87 only.
2
Except for regulations 2, 3, 7 and 21(1) to (3), the Lloyd’s Underwriters (Tax) Regulations 1974 shall not have effect for the year of assessment 1986–87.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“Board” means the Commissioners of Inland Revenue;
“member” means an underwriting member of Lloyd's;
“Schedule 16” means Schedule 16 to the Finance Act 1973 and“Schedule 16A” means Schedule 16A to that Act;
“syndicate gains” means the chargeable gains accruing to a member on the disposal of assets forming part of a premiums trust fund;
“syndicate investment income” means the profits or gains arising to a member from assets forming part of a premiums trust fund;
“the Taxes Acts ” means the Taxes Management Act 1970 and–
the Tax Acts as defined in Schedule 1 to the Interpretation Act 1978 , as originally enacted, and
the Capital Gains Tax Act 1979 and all other enactments relating to capital gains tax.
2
For the purposes of these Regulations an underwriting year corresponds to the year of assessment in which it ends.
Assessment and collection: general
3
1
Subject to paragraph (2) and regulations 4 to 9, the like provisions as are contained in the Taxes Acts relating to the assessment and collection of tax shall have effect in relation to tax charged in accordance with Schedule 16.
2
The like provisions as are specified in the first column of the Schedule to these Regulations shall have effect in relation thereto as if the modifications specified in the second column had been made.
Date for payment
4
1
Subject to paragraph (2)–
a
tax charged by an assessment on–
i
the profits or gains arising to a member from his underwriting business, and
ii
the profits or gains arising to him from assets forming part of a premiums trust fund,shall be payable on or before 1st July 1990, and
b
tax charged by an assessment on a member’s syndicate gains shall be payable on or before 1st January 1990.
2
Tax contained in an assessment made less than 30 days before, or after, the date specified in sub-paragraph (a) or (b) of paragraph (1) shall be payable at the expiration of a period of 30 days beginning with the date of the issue of the notice of assessment.
Set-off
5
1
Where any syndicate profit or loss returned by an agent under paragraph 2(1) of Schedule 16A includes any syndicate investment income which has suffered tax by way of deduction, the tax so deducted shall be set in the first place against the amount (if any) payable under paragraph 3(1)(a) of Schedule 16A.
2
Where, under the provisions of section 87 of the Finance Act 1972 , the aggregate amount of any such income includes an amount of tax credit, the amount of that credit shall be set in the first place against the amount so payable.
3
Where any such income includes interest or dividends to which the Income Tax (Building Societies) Regulations 1986 apply, the amount actually paid or credited shall be deemed to be a net amount corresponding to a gross amount from which income tax has been deducted at the basic rate for the year 1986–87.
Repayment
6
Where–
a
any tax suffered by way of deduction on any syndicate investment income, or
b
the amount of any tax credit included in the aggregate amount of any such income,
exceeds the amount (if any) payable by an agent under paragraph 3(1)(a) of Schedule 16A, the inspector shall pay the excess tax to the agent or, as the case may be, give credit to him for the balance of the tax credit.
Reasonable excuse
7
For the purposes of Schedule 16A, an agent shall be deemed not to have failed–
a
to deliver a return of a syndicate profit or loss within the time specified in paragraph 2(2) of that Schedule, or
b
to deliver a return apportioning a syndicate profit or loss within the period referred to in paragraph 7(3) of that Schedule,
if he delivered it within such further time, if any, as the inspector may have allowed; and where an agent had a reasonable excuse for not delivering such a return he shall be deemed not to have failed to deliver it unless the excuse had ceased and, after the excuse ceased, not to have failed to deliver it if he did so without unreasonable delay after the excuse had ceased.
Determinations and notices of determinations
8
The like provisions as are contained in sections 113(1B) and (3) and 114(2) of the Taxes Management Act 1970 shall apply to a determination or a notice of a determination under Schedule 16A as if the determination were an assessment and the notice of the determination were a notice of an assessment.
Error or mistake
9
1
If an agent alleges that a determination under paragraph 4 of Schedule 16A was excessive because of some error or mistake in a return made by him under paragraph 2 of that Schedule, he may by notice in writing at any time not later than six years after the end of the year of assessment 1988–89 make a claim to the Board for relief.
2
On receiving the claim the Board shall inquire into the matter and having regard to all the relevant circumstances of the case, but subject to paragraph (3), give by way of repayment or otherwise such relief in respect of the error or mistake as is reasonable and just.
3
No relief shall be given under this regulation in respect of an error or mistake as to the basis on which the syndicate profit or loss ought to have been computed where the return was in fact made on the basis or in accordance with the practice generally prevailing at the time when the return was made.
4
An appeal may be brought against the decision of the Board on the claim, by giving written notice to the Board within 30 days of receipt of written notice of that decision and the Special Commissioners shall hear and determine the appeal in accordance with the principles to be followed by the Board in determining claims under this regulation; and either the appellant or the Board shall be entitled to require a case to be stated under the like provisions as are contained in section 56 of the Taxes Management Act 1970 but only on a point of law arising in connection with the computation of profits or losses.
5
In this regulation“return” includes the documents referred to in paragraph 2(1)(b) and (c) of Schedule 16A.
Agents
10
1
For the purposes of Schedule 16A and of these Regulations, if the person who is acting as agent in respect of the underwriting year corresponding to the year of assessment 1986–87 is different from the person who was so acting at the end of that underwriting year (in this regulation referred to as“the original agent”), then“agent” has the meaning given to it by sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (2).
2
If the original agent ceases so to act–
a
before the beginning of the year of assessment 1989–90, then“agent” means–
i
the person who is so acting at the beginning of that year of assessment, or
ii
if that person ceases so to act, such person as the Board may determine having regard to all the circumstances;
b
after the end of the year of assessment 1988–89, then“agent” means such person as the Board may determine having regard to all the circumstances.
T J Painter
L J H Beighton
Two of the Commissioners of Inland Revenue
10th March 1989


text:
1
This Order may be cited as the A3 Trunk Road (Roehampton Vale, Wandsworth) (Speed Limits) Order 1989 and shall come into force on 11th December 1989.
2
In this Order:
“Roehampton Vale” means that length of the London-Portsmouth Trunk Road (A3) (hereinafter called “the trunk road”) in the London Borough of Wandsworth known as Roehampton Vale;
“the southwestbound exit slip road” means that length of road which links the southwestbound carriageway of the trunk road with Stag Lane;
“the southwestbound access slip road” means that length of road which links Stag Lane with the southwestbound carriageway of the trunk road;
“the northeastbound exit slip road” means that length of road which links the northeastbound carriageway of the trunk road with the un-named road leading to Stag Lane;
“the northeastbound access slip road” means that length of road which links the un-named road leading from Stag Lane with the northeastbound carriageway of the trunk road; and
“the island site” means the triangular island site in the southwestbound carriageway of Roehampton Vale at its junction with Stag Lane.
3
No person shall drive any motor vehicle at a speed exceeding 30 miles per hour on the length of the southwestbound exit slip road between the northeastern extremity of the island site and its junction with Stag Lane.
4
No person shall drive any motor vehicle at a speed exceeding 40 miles per hour on –
a
the length of the southwestbound exit slip road between its junctions with the southwestbound carriageway of Roehampton Vale and the northeastern extremity of the island site;
b
the southwestbound access slip road;
c
the northeastbound exit slip road; and
d
the northeastbound access slip road.
Signed by authority of the Secretary of State
R. Edridge
Director (Transport) London Regional Office of the
Department of Transport
5th December 1989


text:
Title and commencement
1
This Order may be cited as the Apple and Pear Research Council Order 1989 and shall come into force on the eighth day after the day on which it is made.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“ the Act ” means the Industrial Organisation and Development Act 1947;
“apples and pears” means apples and pears other than “cider apples” and “perry pears”;
“apple or pear tree” means any plant grown for the commercial production of apples and pears other than nursery stock;
“cider apples” and “perry pears” mean respectively apples and pears of the varieties specified in Schedule 1;
“the Council” means the Apple and Pear Research Council established under the provisions of this Order;
“grower” means a person who carries on business in the industry and occupies land in England and Wales of two hectares or more planted with 50 or more apple or pear trees;
“the industry” means the growing of apples and pears in England and Wales for sale or for processing into an apple or pear product with a view to its sale, by way of trade or business;
“the Minister” means the Minister of Agriculture, Fisheries and Food; and
“sale” includes storage or preparation with a view to subsequent sale.
2
In this Order, unless the context otherwise requires, any reference to a numbered article or Schedule is a reference to the article or Schedule so numbered in this Order.
Establishment of Development Council
3
1
There shall be established a development council for the industry, to be known as the Apple and Pear Research Council, and there shall be assigned to it the functions specified in Schedule 2.
2
The Council shall exercise their functions in such manner as appears to them to be likely to increase efficiency and productivity in the industry, to improve and develop the service that the industry renders or could render to the community and to enable the industry to render that service more economically.
3
The Council may enter into such agreements, acquire such property and do such things, as may in the opinion of the Council be necessary or desirable for the exercise of any of their functions and may dispose of as they think fit of any property acquired by them.
Constitution of Council
4
The Council shall consist of the following members appointed by the Minister, that is to say:
1
five persons capable of representing the interests of growers;
2
one person capable of representing the interests of people employed in the industry;
3
two persons as to whom the Minister is satisfied that they have no such financial or industrial interest as is likely to affect them in the discharge of their functions as members of the Council (hereinafter referred to as “independent members”); and
4
one person having special knowledge of matters relating to the marketing and distribution of products of the industry.
Membership and proceedings of council
5
The provisions of Schedule 3 shall have effect in relation to the membership and proceedings of the Council.
Register of growers
6
1
The Council shall keep a register of growers and shall enter in it the name and address of every person who applies to the Council in writing to be registered.
2
The Council may enter in the register, in addition to the name and address of any registered person, any business name under which and the address of any place at which he carries on the business in the industry, and the names of his partners in any such business, but no other information.
3
Any person whose name is entered in the register shall notify the Council forthwith in writing of any matter rendering the entry in the register relating to him inaccurate or incomplete.
4
The Council shall amend the register in accordance with any such notification as is referred to in paragraph (3) above, on its receipt.
5
Any registered person may apply in writing to the Council for the removal of his name from the register and if the Council are satisfied that such person no longer carries on business in the industry they may remove his name forthwith.
6
The Council may, if they have reasonable cause to believe that any person whose name is entered in the register no longer carries on a business in the industry, by notice in writing inform that person of their intention to remove his name from the register unless within one month from the date of the notice he gives notice in writing to the Council that he is a person carrying on such a business and, if no such notice is received by the Council within the said period, the Council may on the expiration of that period remove his name from the register.
7
The register shall be kept at the office of the Council and any person shall, on the payment of a fee not exceeding one pound, be entitled to inspect the register during normal business hours and to take, or be supplied with, a copy of the entries relating to any one registered person.
Registration of growers
7
1
Every person who on or after the day on which this Order comes into force becomes a grower shall within the month thereafter apply in writing to the Council to be registered.
2
Where two or more persons jointly carry on business in the industry they shall, for the purpose of registration, be treated as constituting a single person.
Returns and information
8
1
Subject to paragraph (2) below, the Council may require any registered grower to furnish such returns and information relating to activities carried on by him and comprised in the industry, including information with respect to the productive capacity, capital assets, staff, output, orders, sales, deliveries, stocks and costs as appear to the Council to be required for the exercise of any of their functions.
2
The Council shall not exercise the powers conferred upon them under this article generally as regards the industry or any section thereof unless the Minister has consented to such exercise and has approved the form in which the returns or other information will be required to be furnished.
Charges for expenses
9
1
For the purposes of enabling them to meet their administrative and other expenses incurred or to be incurred in the exercise of their functions the Council may, with the approval of the Minister and subject to paragraph (2) below, impose on every grower–
a
an annual charge at a rate not exceeding twenty-five pounds in respect of each hectare of land occupied by him for the purpose of business in the industry and planted with apple or pear trees, or,
b
where the average density of planting on such land is less than 125 trees per hectare and the grower so elects, an annual charge in respect of every 50 trees at the rate of two fifths of the charge imposed under the preceding sub paragraph.
2
For the purpose of computing amounts payable under paragraph (1) above headlands shall be included but fractions of less than each complete one-tenth of a hectare or any remainder after the number of trees have been divided by 50 shall be ignored.
3
Where two or more persons jointly carry on business in the industry, they shall, for the purpose of calculating any charge payable by them in respect of land used in the joint business, be treated as constituting a single person.
4
Every charge imposed in accordance with the provisions of this article shall be payable on such date or dates as the Council may determine at the office of the Council, and it shall be a debt due to the Council and shall be recoverable as such.
Borrowing and investment of money
10
1
The Council may borrow money and pledge, mortgage or charge any of their property (including the proceeds of the charges imposed in accordance with the provisions of article 9) for the purpose of defraying any expenses incurred or to be incurred in the discharge of their functions.
2
The Council may establish and thereafter maintain a reserve fund for the purposes of their functions.
3
Any moneys for the time being comprised in a reserve fund maintained under this article, and any other moneys of the Council which are not for the time being required for any other purpose, may be invested in accordance with paragraph (4) below.
4
Sections 1, 2, 5, 6, 12 and 13 of the Trustee Investments Act 1961 (which relate to the investment powers of trustees) shall have effect in relation to any such moneys, and in relation to any investments or other property for the time being representing any such moneys, as if they constituted a trust fund and the Council were the trustees of that trust fund.
Returns of orchard area and other matters
11
1
For the purposes of the imposition or recovery of their charges, the Council may from time to time require by notice in writing any person carrying on business in the industry to furnish to the Council a written return, in such form, within such period and showing such information as may be specified in the notice, or to produce for examination at such time as may be specified in the notice books or other documents or records in the custody or under the control of that person, or to keep records and produce them for examination as aforesaid.
2
The Council shall ensure that the returns to be furnished in accordance with the provisions of article 8 or the returns to be furnished or the books or other documents or other records to be produced in accordance with the provisions of this article shall be examined only by the independent members of the Council or by officers of the Council specially authorised for that purpose by the Council.
3
A person who uses in his business what he claims to be a secret process that ought not to be disclosed on the ground of risk of prejudice to his business shall not be required by anything in this article or in article 8 to disclose particulars relating to the process unless the requirement and the form thereof have been approved by the Minister after consideration of his claim.
Offences
12
1
If any grower continues his business in the industry after the expiration of the period within which he is required by article 7(1) to aply to be registered without having so applied he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person required to furnish returns or information or to keep records or to produce for examination books or other documents or records under this Order fails to furnish, keep or produce them in accordance with the requirement he shall, unless he proves that he had reasonable excuse for the failure, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
If any person who is convicted of an offence under paragraph (1) above continues his business in the industry after the expiration of 21 days commencing with the date of the conviction without having applied for registration he shall be guilty of a further and continuing offence and shall be liable on summary conviction to a fine not exceeding five pounds in respect of each day during which he continues such business without having applied for registration.
4
If any person who is convicted of an offence under paragraph (2) above, fails without reasonable excuse to furnish such returns or to produce for examination such books, other documents or records to the Council within 21 days after such conviction he shall be guilty of a further and continuing offence and shall be liable on summary conviction to a fine not exceeding five pounds in respect of each day during which such failure continues.
5
If any person knowingly or recklessly makes any statement, in compliance with a notice under the provisions of article 8 or 11, which is false in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
30th November 1989