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PART I
GENERAL
Citation and commencement.
1
These Rules may be cited as the Magistrates' Courts (Children and Young Persons) Rules 1988 and shall come into force on 1st August 1988.
Interpretation.
2
1
Subject to rule 29 of these Rules, in these Rules the following expressions have the meanings hereby respectively assigned to them, that is to say: —
“the Act of 1933” means the Children and Young Persons Act 1933 ;
“the Act of 1963” means the Children and Young Persons Act 1963 ;
“the Act of 1969” means the Children and Young Persons Act 1969 ;
“the Act of 1980” means the Child Care Act 1980 ;
“the Act of 1986” means the Children and Young Persons (Amendment) Act 1986 ;
“child” means a person under the age of fourteen;
“court” means a juvenile court except that in Part VII it means a magistrates' court, whether a juvenile court or not;
“register” means the separate register kept for the juvenile court pursuant to rule 37 of these Rules;
“young person” means a person who has attained the age of fourteen and is under the age of seventeen.
2
In these Rules, unless the context otherwise requires, any reference to a rule, Part or Schedule shall be construed as a reference to a rule contained in these Rules, a Part thereof or a Schedule thereto, and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule.
Revocations and savings etc.
3
1
Subject to paragraph (3), the Rules specified in Schedule 1 are hereby revoked.
2
Subject to paragraph (3), the provisions of the Magistrates' Courts Rules 1981 shall have effect subject to these Rules.
3
Nothing in these Rules shall apply in connection with any proceedings begun before the coming into force thereof.
PART II
JUVENILE OFFENDERS
Application of Part II.
4
This Part shall apply in the case of a child or young person brought before a court charged with an offence except that only rules 5 and 8(2) shall apply where the court is inquiring into the offence as examining justices.
Assistance in conducting defence.
5
1
The court shall, except in any case where the child or young person is legally represented, allow his parent or guardian to assist him in conducting his defence, including the cross-examination of witnesses for the prosecution.
2
Where the parent or guardian cannot be found or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purposes of this Part.
Duty of court to explain charge in simple language.
6
The court shall explain to the child or young person the substance of the charge in simple language suitable to his age and understanding.
Duty of court to take plea of child or young person.
7
The court shall then ask the child or young person whether he pleads guilty or not guilty to the charge.
Evidence in support of charge and cross-examination.
8
1
If the child or young person does not plead guilty the court shall hear the evidence of the witnesses in support of the charge. At the close of the evidence-in-chief of each witness the witness may be cross-examined by or on behalf of the child or young person.
2
If in any case where the child or young person is not legally represented or assisted in his defence as provided by rule 5, the child or young person, instead of asking questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the child or young person and may for this purpose question the child or young person in order to bring out or clear up any point arising out of any such assertions.
Evidence for defence.
9
If it appears to the court that a prima facie case is made out, the child or young person shall, if he is not legally represented, be told that he may give evidence or address the court, and the evidence of any witnesses shall be heard.
Procedure after finding of guilt.
10
1
Where a child or young person is found guilty of an offence, whether after a plea of guilty or otherwise —
a
he and his parent or guardian, if present, shall be given an opportunity of making a statement;
b
the court shall take into consideration such information as to the general conduct, home surroundings, school record and medical history of the child or young person as may be necessary to enable it to deal with the case in his best interests and, in particular, shall take into consideration such information as aforesaid which is provided in pursuance of section 9 of the Act of 1969;
c
if such information as aforesaid is not fully available, the court shall consider the desirability of remanding the child or young person for such inquiry as may be necessary;
d
any written report of a probation officer, local authority, local education authority, educational establishment or registered medical practitioner may be received and considered by the court without being read aloud; and
e
if the court considers it necessary in the interests of the child or young person, it may require him or his parent or guardian, if present, to withdraw from the court.
2
The court shall arrange for copies of any written report before the court to be made available to:
a
the legal representative, if any, of the child or young person;
b
any parent or guardian of the child or young person who is present at the hearing; and
c
the child or young person, except where the court otherwise directs on the ground that it appears to it impracticable to disclose the report having regard to the age and understanding of the child or young person or undesirable to do so having regard to serious harm which might thereby be suffered by him.
3
In any case in which the child or young person is not legally represented and where a report which has not been made available to him in accordance with a direction under paragraph (2)(c) has been considered without being read aloud in pursuance of paragraph (1)(d) or where the child or young person, his parent or guardian has been required to withdraw from the court in pursuance of paragraph (1)(e), then —
a
the child or young person shall be told the substance of any part of the information given to the court bearing on his character or conduct which the court considers to be material to the manner in which the case should be dealt with unless it appears to it impracticable so to do having regard to his age and understanding; and
b
the parent or guardian of the child or young person, if present, shall be told the substance of any part of such information which the court considers to be material as aforesaid and which has reference to the character or conduct of the parent or guardian or to the character, conduct, home surroundings or health of the child or young person;
and if such a person, having been told the substance of any part of such information, desires to produce further evidence with reference thereto, the court, if it thinks the further evidence would be material, shall adjourn the proceedings for the production thereof and shall, if necessary in the case of a report, require the attendance at the adjourned hearing of the person who made the report.
Duty of court to explain manner in which it proposes to deal with case and effect of order.
11
1
Before finally disposing of the case or before remitting the case to another court in pursuance of section 56 of the Act of 1933, the court shall inform the child or young person and his parent or guardian, if present, or any person assisting him in his defence, of the manner in which it proposes to deal with the case and allow any of those persons so informed to make representations:
Provided that the child or young person shall not be informed as aforesaid if the court considers it undesirable so to do.
2
On making any order, the court shall explain to the child or young person the general nature and effect of the order unless, in the case of an order requiring his parent or guardian to enter into a recognisance, it appears to it undesirable so to do.
Notice to be given where remand is extended in absence of child or young person.
12
Where a child or young person has been remanded, and the period of remand is extended in his absence in accordance with section 48 of the Act of 1933, notice shall be given to him and his sureties (if any) of the date at which he will be required to appear before the court.
PART III
CARE PROCEEDINGS AND PROCEEDINGS RELATING TO CARE OR SUPERVISION ORDERS
Application and interpretation of Part III.
13
1
This Part shall apply in connection with proceedings in a court in the case of any person in relation to whom proceedings are brought or proposed to be brought under —
a
any of the following provisions of the Act of 1969, namely: —
i
section 1 (care proceedings),
ii
section 15 (variation and discharge of supervision orders),
iii
section 21 (variation and discharge of care orders);
b
section 72 or 73 of the Social Work (Scotland) Act 1968 (persons subject to supervision requirements or orders moving from or to Scotland);
c
section 189 or 390 of the Criminal Procedure (Scotland) Act 1975 (young person subject to Scottish probation order resident in England or Wales); or
d
regulations made under sections 21A and 39 of the Act of 1980 (authority to retain child in secure accommodation),
except that rules 14, 20(2), 24 and 25 shall not apply in connection with proceedings under the enactments mentioned in sub-paragraphs (b) and (c) above, rules 14(3)(c) and (d) and 25 shall not apply in connection with proceedings of the kind mentioned in paragraph (d), and rule 26 shall apply only in connection with proceedings of that kind.
2
In this Part of the Rules the following expressions have the meanings hereby respectively assigned to them, that is to say: —
“the applicant” means the person by whom proceedings are brought or proposed to be brought;
“the appropriate local authority” means —
in relation to proceedings under section 1 of the Act of 1969, the local authority to whom notice of the proceedings falls to be given under section 2(3) of that Act,
in relation to proceedings under section 15 of the Act of 1969, the local authority whose area is named in the supervision order in pursuance of section 18(2)(a) of that Act, and
in relation to proceedings under section 21 of the Act of 1969, the local authority to whose care the relevant infant is committed by the care order;
“guardian” (except where it is used in the expression “guardian ad litem ”) has the same meaning as in section 70(1) and (2) of the Act of 1969;
“the offence condition” means the condition set out in section 1(2)(f) of the Act of 1969;
“the relevant infant” means a person in relation to whom proceedings are brought or proposed to be brought as mentioned in paragraph (1);
“reside” has the meaning assigned to it by section 70(1) of the Act of 1969;
“the respondent” means the relevant infant except that —
in relation to proceedings under section 15 of the Act of 1969 in which the relevant infant is the applicant it means the supervisor of the relevant infant, and
in relation to proceedings under section 21 of the Act of 1969 in which the relevant infant is the applicant it means the local authority to whose care the relevant infant is committed.
Notice by person proposing to bring care etc. proceedings.
14
1
An applicant proposing to bring proceedings shall send a notice to the clerk of the court specifying the grounds for the proceedings and the names and addresses of the persons to whom a copy of the notice is sent in pursuance of paragraph (2).
2
Without prejudice to section 2(3) and 34(2) of the Act of 1969 and regulations made under sections 21A and 39 of the Act of 1980, the applicant shall —
a
send to each of the persons mentioned in paragraph (3) a copy of the said notice, and
b
notify each of those persons of the date, time and place appointed for the hearing unless a summons is issued for the purpose of securing his attendance thereat.
3
The persons referred to in paragraph (2) are the following persons other than the person who is the applicant —
a
the relevant infant, unless it appears to the applicant inappropriate to notify him in pursuance of paragraph (2), having regard to his age and understanding;
b
the parent or guardian of the relevant infant if the whereabouts of such parent or guardian is known to the applicant or can readily be ascertained by him;
c
any grandparent of the relevant infant if the whereabouts of such grandparent is known to the applicant or can readily be ascertained by him;
d
any foster parent or other person with whom the relevant infant has had his home for a period of, or periods amounting in total to, not less than 42 days, ending not more than six months before the date of the application, if the whereabouts of such a person is known to the applicant or can readily be ascertained by him;
e
the appropriate local authority;
f
where the proceedings are care proceedings brought under section 1 of the Act of 1969 and notice thereof falls to be given to a probation officer in pursuance of section 34(2) of the Act of 1969, that probation officer, and
g
where the proceedings are for the variation or discharge of a supervision order which names a person other than the appropriate authority as the supervisor, that supervisor.
4
In the case of an application to which this paragraph applies there shall be sent with the copy of the notice required by paragraph (2) to be sent to the respondent a notice stating that he should inform the clerk of the court as soon as practicable and not later than 14 days after the receipt of the notice whether or not he intends to oppose the application.
5
Paragraph (4) applies to —
a
an application under section 15(1) of the Act of 1969 for the discharge of a relevant supervision order or a supervision order made under section 21(2) of that Act on the discharge of a relevant care order; and
b
an application under section 21(2) of that Act for the discharge of a relevant care order or a care order made under section 15(1) of that Act on the discharge of a relevant supervision order.
In this paragraph “relevant care order” means a care order made under section 1 of the Act of 1969 and “relevant supervision order” means a supervision order made under that section.
Notice to parent or guardian of party status.
15
In any proceedings in which an order under section 32A of the Act of 1969 (conflict of interest between parent and child or young person) is made the court shall cause to be sent to the parent or guardian in respect of whom the order is made and to every other party to the proceedings notice that the order has been so made and of its effect under section 32A(4A) of the Act of 1969.
Appointment and duties of guardian ad litem .
16
1
In any proceedings to which an order under section 32A(1) of the Act of 1969 relates (not being an order under section 32A(2)) the court shall appoint a guardian ad litem of the relevant infant for the purposes of the proceedings if it appears to the court that it is in his interests to do so.
2
An appointment of a guardian ad litem under this rule or section 32B(1) of the Act of 1969 shall be made by order and the person to be appointed shall be selected from a panel established by regulations under section 103 of the Children Act 1975 except that the person appointed shall not —
a
be a member, officer or servant of a local authority or authorised person (within the meaning of section 1 of the Act of 1969) which is a party to the proceedings; or
b
be, or at any time have been, a member, officer or servant of a local authority or voluntary organisation (within the meaning of section 87(1) of the Act of 1980) who has been directly concerned in that capacity in arrangements relating to the care, accommodation or welfare of the relevant infant; or
c
be a serving probation officer (except that a probation officer who has not in that capacity been previously concerned with the relevant infant or his family and who is employed part-time may, when not engaged in his duties as a probation officer, act as a guardian ad litem ).
3
Where the court has appointed a guardian ad litem under this rule or section 32B(1) of the Act of 1969, and it appears to the court desirable that some other person should act as guardian ad litem in substitution for the person appointed earlier, the court shall, by order, revoke the earlier appointment and make a new appointment.
4
The powers of the court to appoint a guardian ad litem under this rule or section 32B(1) of the Act of 1969 and to give directions concerning legal representation of the infant in accordance with paragraph (6)(c) or concerning any other matter in accordance with paragraph (6)(e) shall also be exercisable, before the hearing of the application to which the proceedings relate, by a single justice or by the justices' clerk; and where the power to appoint a guardian ad litem is so exercised, the single justice or the justices' clerk shall on the same occasion consider whether the infant should be legally represented and may direct that the guardian ad litem so appointed is to instruct a solicitor to represent the infant.
5
The court shall cause notice of an order appointing a guardian ad litem to be given to the guardian ad litem , the applicant and the persons to whom notice of the proceedings has been given under rule 14(2).
6
The guardian ad litem appointed under this rule or section 32B(1) of the Act of 1969, with a view to safeguarding the interests of the relevant infant before the court shall —
a
so far as it is reasonably practicable, investigate all circumstances relevant to the proceedings and for that purpose shall interview such persons, inspect such records and obtain such professional assistance as the guardian ad litem thinks appropriate;
b
regard as the first and paramount consideration the need to safeguard and promote the infant’s best interests until he achieves adulthood, and shall take into account the wishes and feelings of the infant, having regard to his age and understanding, and shall ensure that those wishes and feelings are made known to the court;
c
except where a solicitor has been instructed to represent the infant before the appointment of the guardian ad litem or a direction has been given in accordance with paragraph (4) of this rule that a solicitor be instructed, obtain the views of the court as to whether the infant should be legally represented and, unless the court otherwise directs, instruct a solicitor to represent the infant;
d
consider how the case should be presented on behalf of the infant, acting in conjunction with the solicitor in a case in which one has been instructed (whether by the guardian ad litem or otherwise) to represent the infant; and shall, in such a case, instruct the solicitor (unless the solicitor considers, having taken into account the views of the guardian ad litem , that the infant wishes to give instructions which conflict with those of the guardian ad litem and that he is able, having regard to his age and understanding, to give such instructions on his own behalf);
e
seek the views of the court in any case where difficulties arise in relation to the performance of his duties;
f
as soon as practicable make a report in writing to the court for the purposes of rule 25(3)(a);
g
perform such other duties as the court may direct.
7
When the court has finally disposed of the case the guardian ad litem shall consider, acting in conjunction with the solicitor in a case in which the infant is legally represented, whether it would be in the infant’s best interests to appeal to the Crown Court and, if it is considered that it would be, he shall ensure that notice of appeal is given on behalf of the infant (unless the solicitor, in a case in which the infant is legally represented, considers, having taken into account the views of the guardian ad litem , that the infant wishes to give instructions which conflict with those of the guardian ad litem and that he is able, having regard to his age and understanding, to give such instructions on his own behalf).
Applications by grandparents to be parties to proceedings.
17
1
Where in any such proceedings as are mentioned in section 32A(1) of the Act of 1969 a grandparent of the relevant infant makes an application under section 32C of that Act, the circumstances in which the court may give leave for that grandparent to be made a party to the proceedings are those in which the court is satisfied that —
a
the grandparent, before the commencement of the proceedings, had a substantial involvement in the infant’s upbringing at any time during the infant’s lifetime; and
b
making the grandparent a party to the proceedings is likely to be in the interests of the welfare of the relevant infant.
2
The power of the court to give leave for a grandparent to be made a party to the proceedings shall also be exercisable before the hearing of the proceedings, and shall be so exercisable also by the justices' clerk.
Rights of parents and guardians.
18
Without prejudice to the provisions of section 32A(4A) of the Act of 1969 or to any other provision of these Rules which provides for a parent or guardian to take part in proceedings, the relevant infant’s parent or guardian shall be entitled:
a
to meet any allegations made against him in the course of the proceedings by cross-examining any witness and calling or giving evidence (and shall call or give evidence at the conclusion of the evidence for the respondent and the evidence, if any, for the applicant in rebuttal but before either the respondent or the applicant addresses the court under rule 14(4) or (5) of the Magistrates' Courts Rules 1981 as applied by rule 20(3) of these Rules); and
b
to make representations to the court, and shall do so at any such stage after the conclusion of the evidence in the hearing as the court considers appropriate.
Rights of other persons.
19
1
Without prejudice to any other provision of these Rules which provides for a parent, guardian or grandparent to take part in proceedings, any person to whom this paragraph applies shall be entitled to make representations to the court, and shall do so at any such stage after the conclusion of the evidence in the hearing as the court considers appropriate.
2
The preceding paragraph applies to:
a
any person who is required to be given notice of the proceedings by virtue of rule 14(3)(d) of these Rules; and
b
any other person who is not a party to the proceedings and who satisfies the court that both of the criteria specified in the next following paragraph are met.
3
The criteria mentioned in the preceding paragraph are —
a
that the person in question has demonstrated an interest in the infant’s welfare which has been maintained until the commencement of the proceedings;
b
that the representations of that person are likely to be of relevance to the proceedings and to the welfare of the relevant infant.
Adjournment of proceedings and procedure at hearing.
20
1
The court may, at any time, whether before or after the beginning of the hearing, adjourn the hearing, and, when so doing, may either fix the date, time and place at which the hearing is to be resumed or, unless it makes an interim order in respect of the relevant infant in pursuance of section 2(10) or 16(4) of the Act of 1969 or section 21A(4) of the Act of 1980, leave the date, time and place to be determined later by the court; but the hearing shall not be resumed at that date, time and place unless the court is satisfied that the applicant, the respondent, any other party to the proceedings and any person to whom rule 19(1) applies have had adequate notice thereof.
2
Subject to the provisions of the Act of 1969, sections 56, 57 and 123 of the Magistrates' Courts Act 1980 (non-appearance of parties and defects in process) shall apply to the proceedings as if they were by way of complaint and as if any references therein to the complainant, to the defendant and to the defence were, respectively, references to the applicant, to the respondent or any other party to the proceedings and to his case.
3
Subject to the provisions of the next following paragraph, rules 14 and 16(1) of the Magistrates' Courts Rules 1981 (order of evidence and speeches and form of order) shall apply to the proceedings as if they were by way of complaint and as if any references therein to the complainant, to the defendant and to the defence were, respectively, references to the applicant, to the respondent and to his case.
4
In any case in which there is any party other than the applicant and the respondent, by virtue of an order made under section 32A or 32C of the Act of 1969, the relevant infant shall be entitled to cross-examine witnesses and to address the court after any parent or grandparent, and any parent shall cross-examine witnesses or address the court after any grandparent, except that the court may permit cross-examination or hear the parties in a different order, which it shall state at the beginning of the hearing, if, after hearing any representations of the parties as to the order in which the hearing should proceed, it appears to it that to do so would better serve the interests of justice in the circumstances of the case.
5
Where the proceedings are brought under section 1 of the Act of 1969 and it is alleged that the offence condition is satisfied then, in relation to any written statement tendered in evidence under section 9 of the Criminal Justice Act 1967 to substantiate or refute that allegation, rule 70 of the Magistrates' Courts Rules 1981 shall apply as if any references therein to the prosecutor and to the accused were, respectively, references to the applicant and to the relevant infant.
Duty of court to explain nature of proceedings; evidence and order of speeches.
21
1
Except where the relevant infant is the applicant or where, by virtue of any enactment, the court may proceed in his absence, before proceeding with the hearing the court shall inform him of the general nature both of the proceedings and of the grounds on which they are brought, in terms suitable to his age and understanding, or if by reason of his age and understanding or his absence it is impracticable so to do, shall so inform any parent or guardian of his present at the hearing.
2
Where the proceedings are brought under section 1 of the Act of 1969 and it is alleged that the offence condition is satisfied, then, unless the case falls to be remitted to another court in pursuance of section 2(11) of the Act of 1969 and it does not appear to the court appropriate to determine under section 3(5) of that Act whether the offence condition is satisfied before remitting the case —
a
the court shall explain to the relevant infant the substance of the alleged offence in simple language suitable to his age and understanding and ask him whether or not he admits to being guilty of that offence and, before considering any other matter relevant to the proceedings, shall consider and determine whether or not the offence condition is satisfied;
b
in relation to the proceedings by way of such consideration rules 8 and 9 shall apply subject to any necessary modifications and, in particular, as if any reference therein to the charge were a reference to the allegation;
c
in relation to proceedings by way of such consideration rules 20(2), 23(2) and 24 of these Rules shall not apply but rule 13 of the Magistrates' Courts Rules 1981 (order of evidence and speeches) shall apply to the proceedings as if they were criminal proceedings to which that rule applies and as if any references therein to the accused, to the defence, to the prosecutor and to the prosecution were, respectively, references to the relevant infant, to his case, to the applicant and to his case, and
d
on determining whether or not the offence condition is satisfied, the court shall inform the relevant infant of their finding.
3
Where a guardian ad litem has been appointed, he shall be given an opportunity, if he is able to give evidence relevant to the applicant’s case (whether or not he has already been called as a witness), to give such evidence at the conclusion of the evidence for the applicant and respondent, but before any evidence or representations are heard in accordance with rule 18 or 19 of these Rules.
Conduct of case on behalf of relevant infant.
22
1
Except where —
a
the relevant infant or his parent or guardian is legally represented, or
b
the proceedings are brought under section 1 of the Act of 1969 in pursuance of a request made by his parent or guardian for the purposes of section 3(1) of the Act of 1963 or in pursuance of an order thereunder, or
c
the court has under section 32A of the Act of 1969 ordered that in relation to the proceedings his parent or guardian is not to be treated as representing the relevant infant or as otherwise authorised to act on his behalf,
the court shall, unless the relevant infant otherwise requests, allow his parent or guardian to conduct the case on his behalf, subject however to the provisions of rule 23(2).
2
If the court thinks it appropriate to do so it may, unless the relevant infant otherwise requests or a guardian ad litem has been appointed, allow a relative of his or some other responsible person to conduct the case on his behalf.
Power of court to hear evidence in absence of relevant infant and to require parent or guardian to withdraw.
23
1
Where, in the case of proceedings under section 1 of the Act of 1969, the ground on which the proceedings are brought or, in the case of any proceedings, the evidence likely to be given, is such that in the opinion of the court it is in the interests of the relevant infant that the whole, or any part, of the evidence should not be given in his presence, then, unless the relevant infant is conducting his own case, the court may hear the whole or part of the evidence, as it thinks appropriate, in his absence:
Provided that evidence relating to the character or conduct of the relevant infant (including, in the case of proceedings under section 1 of the Act of 1969, evidence that the offence condition is satisfied) shall be heard in his presence.
2
Subject to rule 21(2)(c), if the court is satisfied that in the special circumstances it is appropriate so to do, it may require a parent, guardian or grandparent of the relevant infant or any other person entitled to make representations by virtue of rule 19 to withdraw from the court while the relevant infant gives evidence or makes a statement: Provided that the court shall inform the person so excluded of the substance of any allegations made against him by the relevant infant.
Duty of court to explain procedure to relevant infant at end of applicant’s case.
24
Subject to rule 21(2)(c), if it appears to the court after hearing the evidence in support of the applicant’s case that he has made out a prima facie case it shall tell the relevant infant or the person conducting the case on his behalf under rule 22 that he may give evidence or make a statement and call witnesses.
Consideration of reports.
25
1
The court shall arrange for copies of any written report of a guardian ad litem, probation officer, local authority, local education authority, educational establishment or registered medical practitioner before the court to be made available, so far as practicable before the hearing, to:
a
the applicant;
b
the appropriate local authority, where it is not the applicant;
c
the legal representative, if any, of the relevant infant;
d
the parent or guardian of the relevant infant (whether or not he is a party to the proceedings by virtue of an order under section 32A of the Act of 1969);
e
the guardian ad litem of the relevant infant;
f
the relevant infant, except where the court otherwise directs on the ground that it appears to it impracticable to disclose the report having regard to the age and understanding of the infant or undesirable to do so having regard to serious harm which might thereby be suffered by him; and
g
any other person who is a party to the proceedings.
2
Copies of any such report may, if the court considers it desirable to do so, be shown to any person who is required to be given notice of the proceedings in pursuance of rule 14(3)(d) of these Rules and to any other person who is entitled to make representations to the court by virtue of rule 19(1) of these Rules.
3
Where the court is satisfied that the applicant’s case has been proved —
a
where a guardian ad litem has been appointed, the court shall take into consideration his written report to the court; and the guardian ad litem shall in addition be entitled to make oral representations to the court;
b
the court shall take into consideration such information as to the relevant infant’s general conduct, home surroundings, school record and medical history as may be necessary to enable it to deal with the case in his best interests and, in particular, shall take into consideration such information as aforesaid which is provided in pursuance of section 9 of the Act of 1969;
c
if such information as aforesaid is not fully available, the court shall consider the desirability of adjourning the case for such inquiry as may be necessary;
d
any written report of a guardian ad litem, probation officer, local authority, local education authority, educational establishment or registered medical practitioner may be received and considered by the court without being read aloud; and
e
if the court considers it necessary in the interests of the relevant infant, it may require him or his parent or guardian, if present, to withdraw from the court.
4
In any case in which the relevant infant is not legally represented and where a report which has not been made available to him in accordance with a direction under paragraph (1)(f) has been considered without being read aloud in pursuance of paragraph (3)(d) or where the relevant infant, his parent or guardian has been required to withdraw from the court in pursuance of paragraph (3)(e), then —
a
the relevant infant shall be told the substance of any part of the information given to the court bearing on his character or conduct which the court considers to be material to the manner in which the case should be dealt with unless it appears to it impracticable so to do having regard to his age and understanding, and
b
the relevant infant’s parent or guardian, if present, shall be told the substance of any part of such information which the court considers to be material as aforesaid and which has reference to his character or conduct or to the character, conduct, home surroundings or health of the relevant infant;
and, if such a person, having been told the substance of any part of such information desires to produce further evidence with reference thereto, the court, if it thinks the further evidence would be material, shall adjourn the proceedings for the production thereof and shall, if necessary in the case of a report, require the attendance at the adjourned hearing of the person who made the report.
Consideration of reports: secure accommodation proceedings.
26
1
This rule applies only in connection with proceedings brought under regulations made under sections 21A and 39 of the Act of 1980.
2
The court shall arrange for copies of any written report before the court to be made available, so far as practicable before the hearing, to:
a
the applicant;
b
the legal representative, if any, of the relevant infant;
c
the parent or guardian of the relevant infant;
d
the relevant infant, except where the court otherwise directs on the ground that it appears to it impracticable to disclose the report having regard to the age and understanding of the infant or undesirable to do so having regard to serious harm which might thereby be suffered by him;
and copies of such a report may, if the court considers it desirable to do so, be shown to any person who is required to be given notice of the proceedings in pursuance of rule 14(3)(d) of these Rules.
3
In any case in which the court has determined that the relevant criteria are satisfied, the court shall, for the purpose of determining the maximum period of authorisation to be specified in the order, take into consideration such information as it considers necessary for that purpose, including such information which is provided in pursuance of section 9 of the Act of 1969.
4
Any written report may be received and considered by the court without being read aloud.
Duty of court to explain manner in which it proposes to deal with case and effect of order.
27
1
Before finally disposing of the case or before remitting the case to another court in pursuance of section 2(11) of the Act of 1969, the court shall in simple language inform the relevant infant, any person conducting the case on his behalf, and his parent or guardian, if present, of the manner in which it proposes to deal with the case and allow any of those persons so informed to make representations:
Provided that the relevant infant shall not be informed as aforesaid if the court considers it undesirable or, having regard to his age and understanding, impracticable so to inform him.
2
On making any order, the court shall in simple language suitable to his age and understanding explain to the relevant infant the general nature and effect of the order unless it appears to it impracticable so to do having regard to his age and understanding or, in the case of an order requiring his parent or guardian to enter into a recognizance, it appears to it undesirable so to do; and shall in any case give such an explanation to the relevant infant’s parent or guardian, if present.
Leave of court for withdrawal of discharge applications.
28
In any case in which the power to apply under section 21(2) of the Act of 1969 for the discharge of a care order has been exercised on behalf of the relevant infant by his parent or guardian, that application may be withdrawn otherwise than by that parent or guardian only with the leave of the court; and the court shall not grant such leave unless, after considering the grounds for the application for withdrawal and after hearing any representations which that parent or guardian may wish to make and any evidence which he may wish to adduce, it considers that it would be inappropriate for it to discharge the order.
PART IV
PROCEEDINGS IN RELATION TO ACCESS TO CHILDREN IN CARE AND RESOLUTIONS CONCERNING PARENTAL RIGHTS AND DUTIES
Application and interpretation of Part IV.
29
1
This Part shall apply in connection with proceedings in a court under Part 1A of the Act of 1980 (access to children in care) and under section 3(6) or 5(4) of that Act (objection to resolution vesting parental rights and duties in a local authority or voluntary organisation), except that rule 33 shall apply only in connection with proceedings under the said section 3(6) or 5(4).
2
In this Part of the Rules the expressions “child”, “guardian” (except where it is used in the expression “guardian ad litem ”), “local authority” and “voluntary organisation” have the meanings assigned to them by section 87(1) of the said Act; the expression “parent” has the meaning assigned to it by section 87(1) of the said Act, except that in proceedings under section 3(6) or 5(4) of the said Act it includes a person having custody of a child by an order of a court where section 8(2) of the said Act applies; and the expression “custodian” means a person in whom legal custody of a child is vested by an order under section 33 of the Children Act 1975 .
Notice of complaint.
30
1
A local authority or voluntary organisation which is a party to any proceedings in a court to which this Part of the Rules applies shall send a notice specifying the time and place fixed for the hearing of the complaint to any other person who is a parent of the child to whom the proceedings relate and who lives apart from the parent who is the complainant or defendant (unless a summons is issued for the purpose of securing his attendance thereat) or who is a foster parent or other person with whom the child has had his home for a period of, or periods amounting in total to, not less than 42 days, ending not more than six months before the date of the complaint, if the whereabouts of such a person is known to the local authority or voluntary organisation; and a parent who is the complainant in any such proceedings shall send a notice specifying the time and place fixed for the hearing of the complaint to any other parent of the child who lives apart from him if the whereabouts of such other parent is known to him.
2
A local authority which is a party to proceedings in a court under Part 1A of the Act of 1980 shall send a notice specifying the time and place fixed for the hearing of the complaint to any person other than the complainant (and other than a person to whom a notice is required to be sent under paragraph (1)) who is a parent, guardian or custodian of the child, if his whereabouts is known to the local authority.
3
If a parent, guardian or custodian of the child who is required to be given notice in accordance with paragraph (1) or (2) appears at the hearing he shall be entitled to meet any allegations made against him in the course of the proceedings by cross-examining any witness and calling or giving evidence; and any person who is required to be given such a notice shall be entitled to make representations to the court at the conclusion of the evidence for the complainant (including any evidence in rebuttal of evidence for the defence) and the evidence, if any, for the defence but before any address by the defendant or complainant under rule 14(4) or (5) of the Magistrates' Courts Rules 1981 .
Appointment and duties of guardian ad litem .
31
1
In any proceedings under section 3(6) or 5(4) of the Act of 1980 in which the court makes the child a party to the proceedings, the court shall appoint a guardian ad litem of the child for the purposes of the proceedings unless the court is satisfied that to do so is not necessary for safeguarding the interests of the child.
2
An appointment of a guardian ad litem under section 7 or 12F(3) of the Act of 1980 shall be made by order and the person to be appointed shall be selected from a panel established by regulations under section 103 of the Children Act 1975 except that the person appointed shall not —
a
be a member, officer or servant of a local authority or voluntary organisation which is a party to the proceedings; or
b
be, or at any time have been, a member, officer or servant of a local authority or voluntary organisation who has been directly concerned in that capacity in arrangements relating to the care, accommodation or welfare of the child; or
c
be a serving probation officer (except that a probation officer who has not in that capacity been previously concerned with the child or his family and who is employed part-time may, when not engaged in his duties as a probation officer, act as a guardian ad litem ).
3
Where the court has appointed a guardian ad litem under the said section 7 or 12F(3) and it appears to the court desirable that some other person should act as guardian ad litem in substitution for the person appointed earlier the court shall, by order, revoke the earlier appointment and make a new appointment.
4
The powers of the court to appoint a guardian ad litem under the said section 7 or 12F(3) and to give directions concerning legal representation of the child in accordance with paragraph (6)(c) or concerning any other matter in accordance with paragraph (6)(e) shall also be exercisable, before the hearing of the complaint, by a single justice or by the justices' clerk; and where the power to appoint a guardian ad litem is so exercised, the single justice or the justices' clerk shall on the same occasion consider whether the child should be legally represented and may direct that the guardian ad litem so appointed is to instruct a solicitor to represent the child.
5
The court shall cause notice of an order appointing a guardian ad litem to be given to the guardian ad litem , the complainant, the defendant, the child to whom the proceedings relate and any other person to whom notice of the hearing has been given under rule 30(1).
6
The guardian ad litem appointed under the said section 7 or 12F(3) with a view to safeguarding the interests of the child before the court shall —
a
so far as it is reasonably practicable, investigate all circumstances relevant to the proceedings and for that purpose shall interview such persons, inspect such records and obtain such professional assistance as the guardian ad litem thinks appropriate;
b
regard as the first and paramount consideration the need to safeguard and promote the child’s best interests until he achieves adulthood, and shall take into account the wishes and feelings of the child, having regard to his age and understanding, and shall ensure that those wishes and feelings are made known to the court;
c
except where a solicitor has been instructed to represent the child before the appointment of the guardian ad litem or a direction has been given in accordance with paragraph (4) that a solicitor be instructed, obtain the views of the court as to whether the child should be legally represented and, unless the court otherwise directs, instruct a solicitor to represent the child;
d
consider how the case should be presented on behalf of the child, acting in conjunction with the solicitor in a case in which one has been instructed (whether by the guardian ad litem or otherwise) to represent the child; and shall, in such a case, instruct the solicitor (unless the solicitor considers, having taken into account the views of the guardian ad litem, that the child wishes to give instructions which conflict with those of the guardian ad litem and that he is able, having regard to his age and understanding, to give instructions on his own behalf);
e
seek the views of the court in any case where difficulties arise in relation to the performance of his duties;
f
as soon as practicable make a report in writing to the court;
g
perform such other duties as the court may direct.
7
When the court has concluded the hearing of the complaint the guardian ad litem shall consider, acting in conjunction with the solicitor in a case in which the child is legally represented, whether it would be in the child’s best interests to appeal to the High Court and, if he considers that it would be, he shall ensure that notice of appeal is given on behalf of the child (unless the solicitor, in a case in which the child is legally represented, considers, having taken into account the views of the guardian ad litem, that the child wishes to give instructions which conflict with those of the guardian ad litem and that he is able, having regard to his age and understanding, to give such instructions on his own behalf).
Evidence of guardian ad litem .
32
Where a guardian ad litem has been appointed, the court shall take into consideration his written report to the court; and the guardian ad litem shall in addition (whether or not he has already been called as a witness) be given an opportunity to give oral evidence at the conclusion of the evidence, if any, for the child and to make oral representations to the court.
Rights of persons other than parties.
33
1
Without prejudice to any other provision of these Rules which provides for a parent or other person to take part in proceedings, any person to whom this paragraph applies shall be entitled, in any proceedings under section 3(6) or 5(4) of the Act of 1980, to make representations to the court, and shall do so at such stage after the conclusion of the evidence in the hearing as the court considers appropriate.
2
The preceding paragraph applies to:
a
any person who is required to be given notice of the proceedings by virtue of rule 30(1); and
b
any other person who is not a party to the proceedings and who satisfies the court that both of the criteria specified in the next following paragraph are met.
3
The criteria mentioned in the preceding paragraph are —
a
that the person in question has demonstrated an interest in the welfare of the child to whom the proceedings relate which has been maintained until the commencement of the proceedings; and
b
that the representations of that person are likely to be of relevance to the proceedings and to the welfare of the child in question.
Evidence and procedure generally.
34
1
The court shall arrange for copies of any written report, including any such report of a guardian ad litem or local authority, before the court to be made available, so far as practicable before the hearing, to:
a
any parent, guardian or custodian of the child to whom the proceedings relate who is a party to the proceedings;
b
the legal representative, if any, of the child;
c
the child to whom the proceedings relate, except where the court otherwise directs on the ground that it appears to it impracticable to disclose the report having regard to the age and understanding of the child or undesirable to do so having regard to serious harm which might thereby be suffered by him;
d
the guardian ad litem of the child; and
e
the local authority.
2
Copies of any such report may, if the court considers it desirable to do so, be shown to any person who is required to be given notice of the proceedings in pursuance of rule 30(1) or (2).
3
Any written report may be received and considered by the court without being read aloud.
4
Where, in pursuance of the preceding paragraph, a report has been considered without it being read aloud, then the child shall, if he is not legally represented and a copy of the report has not been made available to him, be told the substance of any part of the information given to the court bearing on his character or conduct unless it appears to the court impracticable so to do having regard to his understanding, and if, having been told the substance of any part of such information, he desires to produce further evidence with reference thereto, the court, if it thinks the further evidence would be material, shall adjourn the proceedings for the production thereof.
Power of the court to hear evidence in absence of child, etc.
35
1
Where the court has made the child a party to the proceedings and he is present at the hearing and the evidence likely to be given is such that in the opinion of the court it is in the interests of the child that the whole, or any part, of the evidence should not be given in his presence then, unless the child is conducting his own case, the court may hear the whole or part of the evidence, as it thinks appropriate in his absence:
Provided that evidence relating to the character or conduct of the child shall be heard in his presence.
2
If the court is satisfied that in the special circumstances it is appropriate so to do, it may require a parent, guardian or custodian of the child to withdraw from the court while the child gives evidence or makes a statement:
Provided that the court shall inform the person so excluded of the substance of any allegations made against him by the child.
PART V
PROCEEDINGS UNDER SECTION 3 OF THE CHILDREN ANDYOUNG PERSONS ACT 1963
Notice of complaint and restrictions on adjudicating justice.
36
1
A parent or guardian who applies by complaint to a juvenile court under section 3 of the Act of 1963 after the failure or refusal of the local authority to bring a person before the court, shall send a notice specifying the time and place fixed for the hearing of the complaint to any other person who, being a parent of that child or young person, lives apart from the applicant and if any such person appears at the hearing he shall be entitled to be heard.
2
A justice who sits as a member of a juvenile court which hears such a complaint as aforesaid shall not sit as a member of the court before which that child or young person appears or is brought as a result of an order directed to the local authority in respect of him under the said section 3.
PART VI
REGISTER
Register of proceedings in juvenile court.
37
Such part of the register kept in pursuance of rules made under the Magistrates' Courts Act 1980 as relates to proceedings in a juvenile court shall be kept in a separate book.
PART VII
MISCELLANEOUS
Service of contribution orders etc.
38
A contribution order, an order attaching an affiliation order or an arrears order made on a parent or other person liable to make contributions in respect of, or to maintain, a child or young person, may be served by any constable or officer of a local authority by delivering a copy of the order to the person on whom it is made, or by leaving the same at the person’s last known or usual place of abode with some other person for him, or by sending the same by registered post or by recorded delivery service to him at his last known or usual place of abode.
Notice of order made under section 49 of the Child Care Act 1980.
39
Where an order is made under section 49(1) of the Act of 1980 in respect of an affiliation order, payments under which have been ordered to be made to a collecting officer, notice of the making of the order shall be given by the clerk of the court to the collecting officer, either personally or by written notice sent or delivered to his address by post or otherwise.
Issue of summons or warrant to enforce attendance of parent or guardian.
40
Where a child or young person is charged with an offence, or is for any other reason brought before a court, a summons or warrant may be issued by a court to enforce the attendance of a parent or guardian under section 34 of the Act of 1933, in the same manner as if an information were laid upon which a summons or warrant could be issued against a defendant under the Magistrates' Courts Act 1980 and a summons to the child or young person may include a summons to the parent or guardian to enforce his attendance for the said purpose.
Payment of money by person subject to attendance centre order.
41
1
Where a person under the age of seventeen is ordered, under section 17 of the Criminal Justice Act 1982 , to attend at an attendance centre in default of payment of a sum of money, payment may thereafter be made —
a
of the whole of the said sum, to the clerk of the court which made the order; or
b
of the whole or, subject to paragraph (2), any part of the said sum, to the officer in charge of the attendance centre specified in the order.
2
The officer mentioned in paragraph (1)(b) shall not be required to accept a payment of part of the said sum unless it is an amount required to secure a reduction of one complete hour, or some multiple thereof, in the period of attendance specified in the order.
3
The clerk of the court shall, on receiving a payment under paragraph (1), forthwith notify the officer mentioned in paragraph (1)(b).
4
The officer mentioned in paragraph (1)(b) shall pay any money received by him under that paragraph to the clerk of the court which made the order and shall note the receipt of the money in the register kept at the attendance centre.
Form of warrant where young person is committed to remand centre or prison.
42
Where a young person is committed to a remand centre under section 22(5) or section 23(2) of the Act of 1969 or is committed to a prison under the said section 23(2), the court shall include in the order of committal a certificate that the young person is of so unruly a character that he cannot safely be committed to the care of a local authority.
Forms.
43
1
The forms in Schedule 2, or forms to the like effect, may be used with such variation as the circumstances may require, and may be so used in lieu of forms contained in the Schedule to the Magistrates' Courts (Forms) Rules 1981 .
2
For the purpose of facilitating the performance by supervisors of their functions under section 14 of the Act of 1969 of advising, assisting and befriending persons subject to supervision orders the following additional requirements to be complied with by the person subject to the order are prescribed for the purpose of inclusion (if the court considers it appropriate) in supervision orders, that is to say —
a
in the case of a supervision order made under section 7(7) of the Act of 1969 or a supervision order made on the occasion of the discharge of a care order made under that subsection, either or both of the requirements set out in paragraph 3(a), and
b
in the case of any other supervision order, one or more of the requirements set out in paragraph (3)(a) and (b).
3
The requirements mentioned in paragraph (2) are —
a
“That he/she shall inform the supervisor at once of any change of his/her residence or employment”;
“That he/she shall keep in touch with the supervisor in accordance with such instructions as may from time to time be given by the supervisor and, in particular, that he/she shall, if the supervisor so requires, receive visits from the supervisor at his/her home”; and
b
“That he/she shall be medically examined in accordance with arrangements made by the supervisor.”.
Mackay of Clashfern, C.
23rd May 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) (No.4) Order 1988 and shall come into force on 6th January 1989.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 11.5 per cent. per annum.
Tony Durant
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 1988


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 1988.
2
The amounts which, unless Parliament otherwise determines, shall be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act(b) in relation to chargeable transfers on or after 6th April 1988 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent £ £
0 94,000 Nil 94,000 146,000 30 146,000 229,000 40 229,000 343,000 50 343,000 — 60
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1988


text:
1
This Order may be cited as the Customs Duties (ECSC) (Amendment No. 2) Order 1988 and shall come into force on 28th July 1988.
2
Up to and including 31 December 1988, article 6(1) of the Customs Duties (ECSC) Order 1987 (which exempts from duty goods to which that Order applies originating in certain countries) shall not apply to goods which fall within headings 7207 19 15, 7207 20 55, 7213 10 00, 7213 31 00, 7213 39 00, 7213 41 00, 7213 49 00, 7214 20 00, 7214 40 10, 7214 40 91, 7214 40 99, 7214 50 10, 7214 50 91, 7214 50 99, 7215 90 10, 7228 80 90 which originate in Yugoslavia.
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1988


text:
1
1
These Rules may be cited as the Registered Designs (Fees) Rules 1988 and shall come into operation as respects rules 1(1), 2 and 4 on 9th June 1988 and as respects rules 1(2) and 3 on 23rd June 1988.
2
The Registered Designs (Fees) Rules 1986 are hereby revoked.
2
These Rules shall be construed as one with the Designs Rules 1984 .
3
The fees to be paid in respect of any matters arising under the Registered Designs Act 1949 shall be those specified in the Schedule to these Rules; and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Designs Rules 1984 to be used, that form shall be accompanied by the fee specified in respect of that matter.
4
Where on or after 9th June 1988 but before 23rd June 1988 an application is made for an extension of the period of copyright in any registered design in respect of which the period of copyright is due to expire on or after 23rd June 1988, the fee payable on such application shall be that which would be payable if the application were made on or after 23rd June 1988 and rules 1(2) and 3 above had come into operation.
John Butcher
Department of Trade and Industry
5th May 1988
We consent to the making of these Rules.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 1988


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 1988 and shall come into force on 29th November 1988.
2
The Motor Vehicles (Tests) Regulations (1981) shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to classification of vehicles
3
In regulation 5(3) —
a
for sub-paragraph (a), there shall be substituted —
a
section 23(7) of the Transport Act 1985 a bus being used to provide a community bus service),
; and
b
after paragraph (b) there shall be added —
or
c
section 21(2) of the Transport Act 1985 (a small bus used under a permit granted under section 19 of that Act).
.
Amendments relating to inspection cards and reports
4
In regulation 11(1)(a) for the words “inspection check lists” there shall be substituted “inspection reports, inspection cards”.
5
In regulation 15(1) for sub-paragraph (c) there shall be substituted the following sub-paragraphs — -
c
in the case of a vehicle not in Class VI , in the event that -
i
either a notice of refusal of a test certificate is issued, or
ii
a test certificate is issued but they consider that the applicant who submitted the vehicle for examination should be informed of a defect in the vehicle,
issue an inspection report on a form approved by the Secretary of State marked “VT30M” in the case of a Class I or II vehicle, or on a form so approved marked “VT30” in the case of a Class III , IV or V vehicle; and
d
in the case of a Class VI vehicle issue an inspection card on a form approved by the Secretary of State marked “VTP30”.
.
6
In regulation 15(2) —
a
for the words “inspection check list” whenever they occur there shall be substituted “inspection report or card (if its issue is required by paragraph (1) (c) or (d))”; and
b
for the word “list” whenever it occurs (other than as part of the expression “inspection check list”) there shall be substituted “report or card”.
7
In regulation 15(4) for the words “inspection check list” there shall be substituted “inspection report or card”.
8
In regulation 18(5)(b) for the words “an inspection check list” there shall be substituted “an inspection report or card (if its issue would have been required by regulation 15(1)(c) or (d))”.
9
In regulation 18(6) —
a
for the words “inspection check lists” there shall be substituted “inspection reports or cards”; and
b
in paragraph (a) for the words “an inspection check list” there shall be substituted “an inspection report or card”.
10
In regulation 22(4) for the words “the inspection check list which accompanied the same” there shall be substituted “any inspection report or card which accompanied the same”.
11
In regulation 24(c) for the words “inspection check lists” there shall be substituted “inspection reports or cards”.
12
In regulation 25(1) for the words “an inspection check list” there shall be substituted “an inspection report or card”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
1st November 1988


text:
1
This Order may be cited as the Antarctic Treaty (Contracting Parties) Order 1988.
2
It is hereby certified that the Contracting Parties for the purposes of the Antarctic Treaty Act 1967 are as specified in the Schedule to this Order.
3
The Antarctic Treaty (Contracting Parties) Order 1986 is hereby revoked.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1988 and shall come into force on 25th July 1988.
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 3 of these Regulations (being provisions which vary the requirements as regards the construction of certain classes of vehicles) shall apply as from 25th July 1988 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 33 (mirrors)
3
Regulation 33 shall be amended as follows —
a
in the Table in paragraph (1), for “85/205” in column 4 of item 1, in columns 3 and 4 of item 3, in columns 3 and 4 of item 4, in column 4 of item 5 and in column 4 of item 6 there shall be substituted “86/562”; and
b
for paragraph (5) there shall be substituted the following —
5
Instead of complying with paragraphs (1) to (4) a vehicle may comply —
a
if it is a goods vehicle with a maximum gross weight exceeding 3500 kg first used on or after 1st April 1985 and before 1st August 1989, with Community Directive 79/795, 85/205 or 86/562;
b
if it is a goods vehicle first used on or after 1st August 1989 —
i
in the case of a vehicle with a maximum gross weight exceeding 3500 kg but not exceeding 12,000 kg with Community Directive 79/795, 85/205 or 86/562; and
ii
in the case of a vehicle with a maximum gross weight exceeding 12,000 kg with Community Directive 85/205 or 86/562;
c
if it is an agricultural motor vehicle with Community Directive 71/127, 74/346, 79/795, 85/205 or 86/562;
d
if it is a two-wheeled motor cycle with or without a side-car with Community Directive 71/127, 79/795, 80/780, 85/205 or 86/562; and
e
if it is any other vehicle with Community Directive 71/127, 79/795, 85/205 or 86/562.
.
4
In Table 1 in Schedule 2 after the entry relating to Item 50 there shall be inserted the following entry —
51 86/5626.11.86 L327, 27.11.86, p.49 Mirrors 71/127 as amended by 79/795 and 85/205
.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
8th July 1988


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (Amendment) Order 1988 and shall come into force on 3rd September 1988.
2
The Offshore Installations (Safety Zones) ( No. 48) Order 1987 shall have effect with the deletion from the Schedule thereto of the entries set out in the Schedule to this Order.
Cecil Parkinson
Secretary of State for Energy
12th August 1988


text:
Citation
1
1
This Order may be cited as the Newport (Isle of Wight) Harbour Revision Order 1988.
2
The River Medina Navigation Act 1852 , the River Medina Navigation Order 1898 , the Newport (Isle of Wight) Harbour Revision Order 1968 and this Order may be cited together as the Newport (Isle of Wight) Harbour Act and Orders 1852 to 1988.
Interpretation
2
In this Order, except where the context otherwise requires: —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the Act of 1894 ” means the Merchant Shipping Act 1894 ;
“the borough” means the borough of Medina;
“ the Council ” means the Medina Borough Council;
“the harbour” means the inland tidal waters and creeks forming part of the River Medina in the borough shown coloured grey on the signed map being the harbour as it existed immediately before the making of this Order but excluding the Western Creek beyond the confluence of the River Medina with the Lukely Brook at the weir south of the bridge carrying Medina Way over the river Medina, and including the harbour estate;
“the harbour estate” means the piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences and the land, buildings and property of every description and of whatever nature, which are for the time being vested in, occupied or administered by the Council for the purposes of the Newport (Isle of Wight) Harbour Act and Orders 1852 to 1988;
“houseboat” means any vesssel or structure lying in the water or on the foreshore of, or the banks abutting on, the harbour all or part of which is used or capable of being used as a place of habitation (whether temporarily, intermittently or permanently), as a store or as a place for accommodating or receiving persons for the purposes of shelter, recreation, entertainment or refreshment, as club premises or as offices and includes the remains or wreckage of a vessel or structure formerly so used or capable of being so used, but does not include any ship registered under the Act of 1894 or any vessel bona fide used for navigation;
“the level of high water” means the level of mean high water springs;
“the signed map” means the map marked“Newport (Isle of Wight) Harbour Revision Order 1988” showing the harbour, signed in duplicate by an Assistant Secretary of the Department of Transport one copy of which has been deposited and is available for inspection at the principal office of the Council and the other at the office of the Marine Directorate of the Department of Transport;
“tidal work” means so much of any work belonging to the Council as is on, under or over tidal waters or tidal land below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” includes any vessel, ship, lighter, keel, barge, boat, raft, pontoon, hovercraft (as defined in the Hovercraft Act 1968 and craft of any kind howsoever navigated, propelled or moved and any seaplane on the surface of the water and in article 11 (Powers with respect to disposal of wrecks) and article 12 (Protection of Crown interests in wrecks) of this Order any aircraft.
Power to construct, maintain and improve works
3
1
Subject to the provisions of this Order the Council may take such steps from time to time as they may consider necessary for the improvement, regulation, maintenance, management, marking or lighting of the harbour and the facilities afforded therein or in connection therewith.
2
For those purposes, but without prejudice to the generality of the foregoing, the Council may —
a
construct, demolish, reconstruct, maintain, alter, improve, enlarge or extend embankments, walls, footways, approaches, steps, landing places, pontoons, piers, quays, jetties, slips, wharves, groynes, cills, locks, sea defences, buoys, navigation marks, cranes, lights, beacons, roads, parking places for vehicles, sewers, drains, watercourses, gas and water pipes, apparatus for electric light and power, warehouses, offices, sheds, marina facilities and other works and facilities which may be found necessary to secure the purposes of this Order including the accommodation of vessels, vehicles or other traffic or for the protection of the harbour;
b
improve, regulate, maintain, manage, mark and light the harbour and, subject to the provisions of this Order, provide facilities therein;
c
dredge any portion of the harbour to any extent necessary for the accommodation of vessels and traffic;
d
do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour.
3
No materials taken up or collected in exercise of the powers of this article shall be deposited below the level of high water except in such position as the Secretary of State may approve, and subject to such conditions or restrictions as he may impose.
4
a
Before executing any works under this article affecting any apparatus the Council shall submit to the authority sufficient plans of the proposed works for their reasonable approval and shall not commence the works until such plans have been approved in writing by the Authority or, if not so approved, until they have been settled by arbitration: Provided that if within 28 days after such plans have been submitted to the Authority, they shall not have intimated their disapproval thereof and the grounds of the disapproval they shall be deemed to have approved them.
b
The Council shall execute such works in accordance with such plans as may be submitted to and approved by the Authority or, if such approval be refused, as may be settled by arbitration and all such works shall be executed to the reasonable satisfaction of the Authority and the Council shall at all times afford to a representative of the Authority access for the purpose of inspecting such works.
c
The Council shall give reasonable notice to the Authority of the time at which such works are intended to be executed and shall comply with such reasonable conditions as the Authority may require.
d
Any difference which may arise between the Council and the Authority under this paragraph shall be determined by an arbitrator to be agreed upon between the parties or failing agreement, appointed on the application of either party, after notice in writing to the other of them, by the President of the Institution of Civil Engineers.
e
In this paragraph — “apparatus” means works, mains, pipes and other apparatus belonging to or maintained by the Authority for the purposes of any of their functions including apparatus maintained by the Council on behalf of the Authority under Section 15 of the Water Act 1973 ; “the Authority” means the Southern Water Authority; and “plans” includes sections and particulars.
Permanent lights on tidal works
4
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
5
1
In the case of injury to or destruction or decay of a tidal work or any part thereof the Council shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
6
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work vested in the Council and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such a condition as to interfere or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Council.
Survey of tidal works
7
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council.
As to houseboats
8
1
As from the first day of the third month after the expiry of the month in which this Order comes into force it shall not be lawful: —
a
without the written consent of the Council; or
b
where that consent has been given in contravention of any terms or conditions attached to it;
to moor, place, keep or maintain in the harbour any houseboat whether or not the same shall have been so moored or placed before the commencement of this Order.
2
The Council shall not refuse consent under paragraph (1) of this article except on the ground —
a
that their consent has already been given in respect of a sufficient number of houseboats;
b
that it is likely that if consent is given an obstruction or other danger or interference will be caused to users of houseboats or other vessels in or approaching the harbour;
c
that there will not be a supply of water sufficient for the domestic purposes of the occupiers of the houseboat;
d
that facilities for the disposal of waste and sewage effluent from the houseboat cannot be made available at reasonable cost;
e
that adequate means of access and egress to and from the houseboat cannot be made available;
and the Council shall on the refusal of any consent under this article specify in writing the grounds of such refusal.
3
a
If any houseboat shall be moored, placed, kept or maintained contrary to the provisions of paragraph (1) of this article the Council may by notice in writing to be given in the manner hereinafter provided require the person having the control of the houseboat to remove it out of the harbour within such period as they may specify but which shall not be less than 60 days.
b
Any such notice shall be served by leaving it with, or sending it in prepaid letter addressed to, the person having the control of such houseboat at his usual or last known residence or (if it is not practicable after reasonable inquiry to ascertain the name and address of such person) by posting the same in a conspicuous position on such houseboat, or on the land or foreshore near to such houseboat.
4
a
If any person fails without reasonable excuse to comply with any notice given by the Council under the provisions of paragraph (3) of this article or the terms or conditions of any consent he shall be liable on summary conviction to a fine not exceeding £400 and in the case of a failure to comply with any such notice the Council may following the conviction of the person named in the notice either remove the houseboat referred to in the notice out of the harbour or demolish it and remove out of the harbour any rubbish or other material resulting from the demolition.
b
Subject as is provided in paragraph (6) of this article the costs and expenses reasonably incurred by the Council in or in connection with any such removal or demolition may be recovered by the Council as a simple contract debt in any court or competent jurisdiction from the person having the control of such houseboat.
5
For the purposes of paragraphs (3) and (4) of this article the owner of any houseboat shall until the contrary be proved be deemed to be the person having the control thereof.
6
a
Where any houseboat shall have been removed or demolished by the Council as aforesaid the Council may, and shall, if so requested by the owner, sell or dispose of the same or the materials thereof and subject as hereinafter provided retain the proceeds of such sale or disposal.
b
For the purpose of ascertaining the amount recoverable by the Council under sub-paragraph (b) of paragraph (4) of this article in respect of the costs and expenses incurred by them or in connection with the removal or demolition of any such houseboat credit shall be given for the net amount (if any) of the proceeds of the sale received by the Council (after deduction of any costs and expenses incurred by the Council in effecting the same) or such houseboat or the materials thereof. If such net amount shall exceed the amount of the costs and expenses incurred by the Council in or in connection with such removal or demolition as aforesaid they shall pay the amount of such excess to the owner of such houseboat which shall have been removed or demolished.
7
Nothing in this article shall be deemed to confer on the Council any right, title or interest in or to any land (not for the time being belonging to the Council) forming part of the foreshore of the harbour.
Appeals under last preceding article
9
1
Any person aggrieved by the terms and conditions attached to any consent, any refusal of consent or any requirement of the Council under article 8 (As to houseboats) of this Order may appeal to the Secretary of State.
2
The time within which any such appeal may be brought shall be 42 days from the date on which notice of the refusal or requirement was given to the person desiring to appeal.
3
When application is made to the Council for consent to moor, place, keep or maintain any houseboat in the harbour then unless within two months from the date on which the Council receive such application, or within such extended period as may at any time be agreed upon in writing between the applicant and the Council, the Council give written notice to the applicant of their decision on the application the provisions of this article shall apply in relation to the application as if the consent to which it relates had been refused by the Council and as if notification of their decision had been received by the applicant at the end of the said period of two months or at the end of the said extended period, as the case may be.
4
On the hearing of an appeal the Secretary of State may dismiss or allow the appeal or may vary the terms, conditions or requirements appealed against by substituting therefore any terms, conditions or requirements which the Council could have prescribed or imposed under the said article 8.
5
In any case in which such an appeal lies, the document notifying the refusal or requirement in the matter shall state the right of appeal to the Secretary of State and the time within which such an appeal may be brought.
6
Where any refusal or requirement against which a right of appeal is conferred by this article becomes the subject of an appeal no proceedings shall be brought or taken by the Council under paragraph (4) of the said article 8 until the appeal has been disposed of or withdrawn or fails for non-prosecution thereof.
7
Where the Secretary of State allows an appeal under this article effect shall be given to the order of the Secretary of State and in particular any necessary consent shall be granted.
8
The Secretary of State may cause to be held such inquiries as he may consider necessary in regard to the performance of his functions under this article and section 47 of the Harbours Act 1964 shall apply to any such inquiry as if it were an inquiry held under a provision of that Act in England.
Public notice of articles 8 and 9
10
1
The Council shall forthwith after the coming into force of this Order cause public notice to be given of the effect of articles 8 (As to houseboats) and 9 (Appeals under last preceding article) of this Order by advertisement in one or more local newspapers published or circulating in the borough and otherwise in such manner as the Council think fit.
2
In any proceedings it shall be presumed until the contrary is proved that the provisions of the foregoing paragraph have been complied with.
Powers with respect to disposal of wrecks
11
1
In relation to any vessel sunk, stranded or abandoned (whether before or after the commencement of this Order) in such manner as to be an obstruction or danger to navigation in the harbour or in or near any approach thereto: —
a
subject to sub-paragraph (b) of this paragraph, and to any enactment for the time being in force limiting his liability the Council may recover as a simple contract debt from the owner of any vessel in relation to which they have exercised their powers under section 530 of the Act of 1894 any expenses incurred by them under that section which are not reimbursed out of the proceeds of any sale effected under that section;
b
except in a case which is in the opinion of the Council a case of emergency, sub-paragraph (a) of this paragraph shall not apply in relation to any vessel, unless, before exercising in relation to that vessel any of the powers conferred on them by the said section 530 other than the power of lighting and buoying the Council have given to the owner of the vessel not less than 48 hours' notice of their intention to do so; and if before the notice expires they receive from the owner counter-notice in writing that he desires to dispose of the vessel himself and no direction is served in respect of the vessel under sub-paragraph (b) of paragraph (2) of article 12 (Protection of Crown interests in wrecks) of this Order, he shall be at liberty to do so, and the Council shall not excercise the powers aforesaid in relation to that vessel until the expiration of 7 days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation which may be given to him by the Council.
2
In this article the expression“owner” in relation to any vessel means the person who was the owner of the vessel at the time of the sinking, stranding or abandoning thereof.
Protection of Crown interests in wrecks
12
Without prejudice to section 741 of the Act of 1894 (which relates to the exemption from the provisions of that Act of vessels belonging to Her Majesty, as modified by any Order in Council made under section 80 of the Merchant Shipping Act 1906 ) the powers conferred on the Council by sections 530 and 532 of the Act of 1894 shall not be exercisable —
a
in relation to any vessel sunk, stranded or abandoned by design by or under the orders of a person acting on behalf of Her Majesty or an officer or servant of the Crown acting in the course of his duty as such;
b
except with the consent of the Secretary of State for Defence, which may be given with or without such a direction as is referred to in sub-paragraph (b) of paragraph (2) of this article in relation to any vessel which is not excluded from the exercise of those powers by virtue of being a vessel belonging to Her Majesty but which, at the time when the vessel was sunk, stranded or abandoned —
i
had been required to be placed at the disposal of Her Majesty or of a government department; and
ii
was appropriated to the service, under the direction and control of the Secretary of State for Defence, of Her Majesty’s ships of war.
2
The Council shall give notice in writing to the Secretary of State for Defence and to the Secretary of State for Transport of any decision of the Council to exercise in relation to any vessel referred to in sub-paragraph (b) of paragraph (1) of this article any of the powers under sections 530 and 532 of the Act of 1894 other than the power of lighting and buoying and, except in a case which is in the opinion of the Council a case of emergency, shall not proceed with the exercise thereof —
a
except with the consent of the Secretary of State for Defence and the Secretary of State for Transport before the expiration of a period of 14 days from the giving of the notice; or
b
if, before the expiration of the said period, there is served on the Council a direction by the Secretary of State for Defence or the Secretary of State for Transport that those powers shall not be exercised in relation to that vessel except is such a case as aforesaid;
and where, in any such case as aforesaid, the Council proceed to exercise those powers without the consent and before the expiration of the period mentioned in sub-paragraph (a) of this paragraph or after a direction has been served on them as aforesaid, they shall not in the exercise of those powers use any explosives and, if before the expiration of the period aforesaid such a direction as aforesaid is served on them, shall not be entitled to exercise the power of sale conferred by the said section 530 or the power conferred by sub-paragraph (a) of paragraph (1) of article 11 (Powers with respect to disposal of wrecks) of this Order:
Provided that — i
i
the Council shall not be required to give notice under this paragraph in respect of any vessel in respect of which they have received a consent under sub-paragraph (b) of paragraph (1) of this article, but any direction such as is referred to in sub-paragraph (b) of this paragraph accompanying that consent shall be deemed for the purposes of this paragraph and of sub-paragraph (b) of paragraph (1) of the said article 11 to have been duly served under sub-paragraph (b) of this paragraph;
ii
the prohibition on the use of explosives imposed by this paragraph shall not apply to the use for cutting away the superstructure of a vessel of such small explosive charges as may for the time being be approved by the Secretary of State for Transport for the purposes of this proviso.
3
Without prejudice to the powers of sale conferred on the Council by the said section 530, the Council shall hold and dispose of any wreck within the meaning of Part IX of the Act of 1894 raised, removed or recovered under that section, and any surplus proceeds of sale within the meaning of that section, in accordance with such directions (if any) as may be given to them by the receiver of wreck; and on exercising the said power of sale in the case of any property the Council shall discharge any sums payable in respect of that property by way of duties of customs or excise and any sums so discharged shall be deemed to be expenses incurred by the Council under that section.
4
Any limitation on the powers of the Council in relation to any vessel arising by virtue of paragraph (1) or paragraph (2) of this article shall not operate to authorise the exercise in relation to that vessel of the powers conferred on Trinity House by section 531 of the Act of 1894.
Power to deal with unserviceable vessels
13
1
In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 and on the Council by the Act of 1894 the Council may sell, break up or otherwise dispose of any vessel which is unserviceable and has been laid by or neglected in the harbour or on land immediately adjoining the harbour.
2
The Council may retain out of the proceeds of sale of any such vessel, or any part thereof, any expenses incurred by them in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and any expenses incurred by the harbour master under section 57 of the Act of 1847 and shall pay the surplus, if any, to the person entitled thereto.
3
If the proceeds of sale are insufficient to reimburse the Council for the said expenses, or there is no sale, the Council may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a simple contract debt.
4
Except in the case of emergency, the Council shall, before exercising their powers under this article, give 14 days' notice in writing of their intention to do so to the registered owner of the vessel and by advertisement in each of two successive weeks in a local newspaper circulating in the borough;
Provided that, if the registered owner or his place of business or abode is not known to the Council or is outside the United Kingdom, the notice may be given by displaying it at the principal office of the Council for two successive weeks.
Charges for services not otherwise provided for
14
Subject to the provisions of this Order the Council may demand and recover such reasonable charges or other consideration as they may determine in respect of any services rendered by them in connection with the harbour.
Additional byelaw making powers
15
1
In addition to the byelaws which may be made by the Council under section 83 of the Act of 1847 the Council may from time to time make such byelaws as to them seem meet for all or any of the following purposes: —
a
for the regulation of the mooring, careening, beaching or anchoring and keeping of vessels and houseboats in the harbour;
b
for the regulation of the placing, laying down, maintaining, using and having existing and future moorings in the harbour and for the prescription of patterns of moorings in the harbour or on the banks belonging to the Council adjoining the harbour;
c
for regulating the conduct of persons using the harbour or its banks or shores whether on business, recreation, training or any other purpose;
d
for the prevention or regulation of the disposal of: —
i
rubbish (including ballast stones, earth, clay, or other refuse and any other abandoned article or material whether liquid or solid but not including any substance the discharge or escape of which into the harbour is subject to the provisions of the Prevention of Oil Pollution Act 1971 , in the harbour whether or not from any vessel or houseboat;
ii
sewage from any vessel or houseboat in the harbour;
e
for the regulation and control in the harbour of the navigation and speed of vessels and the prevention of obstruction or danger to vessels using the harbour;
f
the restriction or prohibition of water skiing, aqua planing or similar activities in the harbour;
g
the imposition of limits on the size of vessels entering the harbour;
h
for regulating the launching of vessels within the harbour and the use of pontoons, slipways and landing places;
i
for the prevention and removal of obstructions in the harbour;
j
for the prevention of interference with the operation or use of vessels, plant and apparatus belonging to or used by the Council as the harbour authority;
k
for preventing the taking of vessels by unauthorised persons;
l
for regulating the movement, speed and parking of vehicles within the harbour;
m
for securing the safety of vessels and persons using, and of property within, the harbour.
2
a
In the application of section 236 of the Local Government Act 1972 to byelaws relating to the harbour made by the Council under this Order or any other enactment: —
i
the Secretary of State for Transport shall be the confirming authority.
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word“confirm” where it firstly occurs in the sub-section the words“with or without modification” were inserted.
b
If the Secretary of State, on considering byelaws relating to the harbour made by the Council and submitted under the said section 236 as having effect in accordance with paragraph (a) above proposes to make a modification which appears to him to be substantial, he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
3
Byelaws made by the Council to which the foregoing provisions of this article apply may contain provisions imposing upon a person offending against a byelaw a fine not exceeding £100 and a daily fine not exceeding £10.
4
If and so far as a byelaw made under sub-paragraph (d)(ii) of paragraph (1) of this article is inconsistent with a byelaw made by the Southern Water Authority under section 33 of the Control of Pollution Act 1974 the latter shall prevail.
As to harbour master’s powers
16
1
The harbour master may remove or have removed any vessel which is sunk, stranded or abandoned within the harbour and the expense of removing any such vessel shall be repaid by the owner of the same, and the harbour master may detain such vessel for securing the expenses, and on non-payment of such expenses, on demand, may sell such vessel, and out of the proceeds of such sale pay such expenses, rendering the surplus, if any, to the owner on demand.
2
The harbour master may give directions with respect to all matters dealt with by the foregoing paragraph:
Provided that nothing in this article shall authorise the harbour master to do or cause to be done any act in any way repugnant to or inconsistent with any law relating to the Customs or any regulations of the Commissioners of Customs and Excise.
Penalty for not complying with the directions of the harbour master
17
Any person who without reasonable excuse fails to comply with any direction lawfully given by the harbour master under this Order shall be liable on summary conviction to a fine not exceeding £400.
Saving for Trinity House
18
Nothing in this Order shall prejudice or derogate from any of the rights or privileges or the jurisdiction or authority of Trinity House.
Crown Rights
19
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Council to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of any river, channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent of those Commissioners.
2
A consent under paragraph (1) of this article may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Amendment and repeal
20
1
The Newport (Isle of Wight) Harbour Revision Order 1968 shall have effect as if: —
a
in article 3 (Interpretation) in the definition of“harbour” for“section 3 of the Newport (Isle of Wight) Harbour Order 1954” there were substituted“article 2 of the Newport (Isle of Wight) Harbour Revision Order 1988”;
b
in article 5 (Incorporation of Act of 1847): —
i
for paragraph (2)(a)(iii) there were substituted the following: —
iii
the expression“harbour” shall mean the harbour as defined in article 2 of the Newport (Isle of Wight) Harbour Revision Order 1988.
ii
for paragraph (2)(d) there were substituted the following: —
d
section 69 as so incorporated shall be read and have effect as if the words“shall forfeit” to the end of the section were deleted and there were substituted therefore the words“shall be liable on summary conviction to a fine not exceeding £400”.
2
The enactments specified in the Schedule to this Order shall be repealed to the extent specified in that Schedule.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
27th June 1988


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
The Motor Vehicles (Tests) Regulations 1981 are hereby amended so that in the regulations specified in column 1 of the Table below for the words specified in column 2 of that Table there are substituted the words specified in column 3 of the Table.
Table
1 Regulation 2 Existing words 3 Substituted words
20(1)(b)(i) £33 £34.50 20(1)(b)(ii) £23 £24 20(4)(a)(i) £16.50 £17 20(4)(a)(ii) £11.50 £12 20(4)(b)(i) £33 £34.50 20(4)(b)(ii) £23 £24 23(2) £7 £7.50
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
29th February 1988