text:
1
1
This Order may be cited as the Housing Act 1988 (Commencement No. 4) Order 1989.
2
In this Order–
“the 1985 Act ” means the Housing Associations Act 1985 , and
“the 1988 Act ” means the Housing Act 1988.
2
1
Subject as hereinafter provided, the following provisions of the 1988 Act shall come into force on 1st April 1989–
Part II to the extent that it is not yet in force, except in so far as section 59 relates to paragraph 27 of Schedule 6,
section 129,
section 140(1) in so far as it relates to paragraph 66, 89, 97, 103 and 106–113 of Schedule 17, and
section 140(2) in so far as it relates to the repeals in–
the 1985 Act, except for
section 55, and
sections 56 and 57 in so far as they relate to hostel deficit grants,
the Housing and Planning Act 1986 to the extent that such repeals are not yet in force,
the Housing (Scotland) Act 1986 ,
the Landlord and Tenant Act 1987 to the extent that such repeals are not yet in force,
the Local Government Act 1988 , and
the Housing (Scotland Act 1988 to the extent that such repeals are not yet in force.
2
The following provisions of the 1988 Act shall come into force on 5th April 1989–
Part IV to the extent that it is not yet in force,
section 127, and
section 140(1) in so far as it relates to paragraphs 17(1), 38 and 39 of Schedule 17.
3
The repeal and amendment of provisions of the 1985 Act shall be subject to the following provisions:
a
the repeal of section 52 (circumstances in which grant may be reduced, suspended or reclaimed) and of section 16 of the Housing (Scotland) Act 1986 (which amends that section) shall not apply where section 52 would otherwise apply by virtue of events described in subsection (1) of that section occurring before 1st April 1989 (and in relation to sub-section (1)(b) the event in question is the land ceasing to be used, or to be available for use, as therein described);
b
the repeal of section 53 (recoupment of surplus rental income) shall not apply in relation to any surpluses arising during a period which expires before 1st April 1989;
c
there shall not apply in relation to revenue deficit grant payable to an association for a period which expires before 1st April 1989–
i
the repeals of section 54 (revenue deficit grants), and sections 56 and 57 to the extent that they relate to revenue deficit grants,
ii
the amendment to section 69A (land subject to housing management agreement) by paragraph 29 of Schedule 6 to the 1988 Act, and
iii
the substitution of the definition of “housing activities” in section 106(1) effected by paragraph 36 of Schedule 6 to the 1988 Act;
d
the repeal of section 62 (grants for affording tax relief) and of paragraph 8(1) of Schedule 5 to the Housing and Planning Act 1986 (which amends that section) shall not apply in relation to a grant payable to an association in respect of a period which commences before 1st April 1989.
4
The amendment of section 69A of the 1985 Act (land subject to housing management agreement) by paragraph 29 of Schedule 6 to the 1988 Act does not apply for the purposes of hostel deficit grant payable under section 55 of the 1985 Act.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
9th March 1989


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Excise Duties (Hydrocarbon Oil) (Travelling Showmen) Relief Regulations 1989, and shall come into force on 5th February 1990. Relief 2. A travelling showman who uses as fuel for a road vehicle heavy oil on whose delivery for home use rebate has been allowed, shall not be required to pay the amount which would (apart from these Regu lations) be payable to the Commissioners under section 12(2) of the Hydrocarbon Oil Duties Act 1979 provided that —
a
the road vehicle is immobilised by disconnection of the propeller shaft; and (b) the heavy oil is drawn —
i
from a tank which is not permanently attached to the vehicle and which is separate from the tank from which fuel is drawn for propelling the vehicle; and
ii
through a fuel pipe which is not permanently attached to the engine of the vehicle.
P G Wilmott
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
21st December 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South West Water Authority (Whitford Bridge Treatment Works) Order 1989 and shall come into force on the 15th July 1989.
2
The South West Water Authority Acts and Orders 1974 to 1988 and this Order may be cited together as the South West Water Authority Acts and Orders 1974 to 1989.
3
In this Order–
“the Authority” means the South West Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked“Plan referred to in the South West Water Authority (Whitford Bridge Treatment Works) Order 1989”, one duplicate of which is deposited and available for inspection at the principal office of the Authority and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Application
2
This Order shall cease to have effect on the fifth anniversary of the date when it comes into force.
Power to construct, continue and maintain works
3
1
The Authority may, on or under the land described in Schedule 1 to this Order construct, continue and maintain a water treatment works and a new intake in the positions marked on the deposited map.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
4
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
14th July 1989


text:
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) Order 1989 and shall come into force on 28th June 1989.
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985:–
a
HMC Group PLC
b
HMC First Home National PLC
c
Household Mortgage Bridging Limited
d
Household Mortgage Corporation PLC
e
Mortgage Express Limited.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State.
30th May 1989
We consent,
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1989


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (Transitional) Amendment No. 2 Regulations 1989 and shall come into force on 14th December 1989.
Amendment of regulation 14 of the Income Support (Transitional) Regulations 1987
2
In regulation 14 of the Income Support (Transitional) Regulations 1987 (reduction and termination of transitional and personal expenses addition) after paragraph (1F) there shall be inserted the following paragraph —
1G
Notwithstanding paragraph (1)(a) or (d), where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 of the General Regulations (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s transitional addition shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds eight weeks.
.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
12th December 1989


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Sea Fish (Marketing Standards) (Amendment) Regulations 1989 and shall come into force on 18th May 1989.
2
In these Regulations “the principal Regulations ” means the Sea Fish (Marketing Standards) Regulations 1986 .
Amendment of the principal Regulations
2
The principal Regulations are hereby amended as follows —
a
by substituting in regulation 2 thereof (interpretation) for the definitions of Regulations 103/76 and 104/76 the following definitions — `
“Regulation 103/76” means Council Regulation ( EEC ) No. 103/76 laying down common marketing standards for certain fresh or chilled fish as amended by Council Regulation (EEC) No. 3396/85 , Commission Regulations (EEC) Nos. 3856/87 and 3940/87 and Council Regulation (EEC) No. 33/89 and read with Commission Regulation (EEC) No. 3703/85 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish ;
“Regulation 104/76” means Council Regulation (EEC) No. 104/76 laying down common marketing standards for shrimps (Crangon crangon), edible crabs (Cancer pagurus) and Norway lobsters (Nephrops norvegicus) , as amended by Council Regulations (EEC) Nos. 3575/83 and 3118/85 and Commission Regulations (EEC) Nos. 3940/87 and 4213/88 and read with Commission Regulation (EEC) No. 1048/86 defining the coastal areas of the United Kingdom to which a minimum marketing size for crabs shall apply ;
;
b
by substituting in column 1 of the Schedule thereto (specified Community provisions) —
i
for the words `Article 11(1) of Regulation 103/76' the words `Article 10(1) of Regulation 103/76';
ii
for the words `Article 11(2) of Regulation 103/76' the words `Article 10(2) of Regulation 103/76'.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th April 1989.
Trumpington
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
18th April 1989


text:
1
This Order may be cited as the South Georgia and South Sandwich Islands (Territorial Sea) Order 1989 and shall come into force on 1st January 1990.
2
The boundaries of the Territories of South Georgia and South Sandwich Islands are hereby extended to include, as territorial sea, that part of the sea which is situated within 12 nautical miles measured from the baselines as established by article 3 of this Order, together with the seabed of the territorial sea and its subsoil.
3
1
Except as otherwise provided in paragraphs (2) to (4) of this article, the baseline from which the breadth of the territorial sea adjacent to South Georgia and South Sandwich Islands is measured shall be the low-water line along the coast of all islands and territories comprised in South Georgia and South Sandwich Islands by virtue of the South Georgia and South Sandwich Islands Order 1985 .
2
For the purposes of this article a low-tide elevation which lies wholly or partly within the breadth of sea which would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth thereof and if paragraphs (3) and (4) of this article were omitted shall be treated as an island.
3
The baseline from which the breadth of the territorial sea is measured around the island of South Georgia and the islands in its immediate vicinity shall consist of the series of loxodromes drawn so as to join successively, in the order in which they are there set out, the points identified by the co-ordinates of latitude and longitude in the first column of the Schedule to this Order, each being a point situate on the low-water line on or adjacent to the feature named in the second column of that Schedule opposite to the co-ordinates of latitude and longitude of the point in the first column:
Provided that the baseline between points 19 and 20 in that Schedule shall be the low water line as laid down in paragraphs (1) and (2) of this article.
4
The provisions of paragraph (3) of this article shall be without prejudice to the operation of paragraph (2) of this article in relation to any island or low-tide elevation which for the purposes of that paragraph is treated as if it were an island, being an island or low-tide elevation which lies to seaward of the baseline specified in paragraph (3) of this article.
4
In this Order –
a
“island” means a naturally formed area of land surrounded by water which is above water at mean high-water spring tides;
b
“low-tide elevation” means a naturally formed area of drying land surrounded by water which is below water at mean high-water spring tides; and
c
“nautical miles” means international nautical miles of 1,852 metres.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1989 and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1990.
Northern Ireland Office
Tom King
One of Her Majesty’s Principal Secretaries of State
28th June 1989


text:
Citation and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 12) Order 1989.
2
In this Order “ the Act ” means the Financial Services Act 1986.
Provisions brought into force
2
1
Insofar as they are not yet in force, sections 24 and 86 of the Act shall come into force on 1st October 1989.
2
Section 212(3) of and Schedule 17 to the Act shall come into force on 1st October 1989 —
a
to the extent necessary to repeal the Prevention of Fraud (Investments) Act (Northern Ireland) 1940 and the Prevention of Fraud (Investments) Act 1958; for all remaining purposes and
b
insofar as they provide for the repeal of words in the following enactments —
i
the Tribunal and Inquiries Act 1971 ; and
ii
The House of Commons Disqualification Act 1975 .
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
31st August 1989


text:
Application, citation and commencement
1
1
This Order shall apply to the Bristol urban development area.
2
This Order may be cited as the Town and Country Planning (Bristol Urban Development Area) Special Development Order 1989 and shall come into force on 27th December 1989.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1971 Act ” means the Town and Country Planning Act 1971;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Bristol Development Corporation (Area and Constitution) Order 1988 ;
“the development corporation” means the Bristol Development Corporation;
“the General Development Order ” means the Town and Country Planning General Development Order 1988 ; and expressions used in this Order shall have the meaning which they bear in the General Development Order; and
“new street” has the same meaning as in Part X of the Highways Act 1980 .
Permitted development
3
Subject to the following provisions of this Order development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject —
a
to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;
b
where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading and unloading, provision for the storage of vehicles and containers and the storage of materials in the open and the landscaping of the site; and
c
where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.
Exception where section 45 order previously made
4
Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5
Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6
1
The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the Bristol City Council, except where that council have advised the development corporation that they do not wish to be consulted.
2
The development corporation shall, before beginning any development permitted by this Order which, in its opinion, falls within a category set out in the Schedule hereto, or granting any approval required by article 3(b) or (c) of this Order in relation to such development, consult the authority, person or body mentioned in relation to that category, except where the authority, person or body so mentioned has advised the development corporation that they do not wish to be consulted.
3
Consultation shall not be required by virtue of paragraph (e) of the Schedule hereto in relation to a highway shown in proposals approved by the Secretary of State under section 148(1) of the 1980 Act unless those proposals require consultation.
4
Where this Order requires the development corporation to consult any authority or other person or body, the corporation shall–
a
give to that authority or other person or body not less than 14 days` notice of the proposed development together with particulars sufficient to identify the site and describe the development and, where the consultation relates to an approval required by article 3(b) or (c) of this Order, particulars of the proposed approval;
b
not begin to carry out the development or grant the proposed approval until the expiration of the period of such notice; and
c
take into account any objections or other representations received from such authority, or person or body.
5
Where any objection or representation has been made by an authority or other person or body consulted as aforesaid and has not been withdrawn, the development corporation shall send particulars of the proposed development and, where applicable, of the proposed approval under article 3(b) or (c) of this Order, and of the objection or representation to the Secretary of State in writing, and shall not begin the development or grant any such approval until the Secretary of State has notified the corporation that he does not intend to give a direction under article 7 of this Order in respect of the development.
Directions restricting development permitted by this Order
7
1
If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, he may direct that the permission granted by that article shall not apply to that development.
2
Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the corporation on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.
Chris Patten
Secretary of State for the Environment
24th November 1989


text:
Citation and commencement
1
1
These Regulations may be cited as the Authorities for London Post-Graduate Teaching Hospitals Amendment Regulations 1989 and shall come into force on 23rd March 1989.
2
In these Regulations “the principal Regulations ” means the Authorities for London Post-Graduate Teaching Hospitals Regulations 1982 .
Amendment of the principal Regulations
2
1
In the principal Regulations, regulation 6(2)(c) (functions under the National Health Service Act 1977 to be exercisable by the Authorities) shall be amended as follows: —
a
for head (vii) there shall be inserted the following:
vii
section 5(1)(a) and (1A) and paragraph 1 of Schedule 1, with respect to the provision for the medical inspection and treatment of pupils, their dental inspection and treatment and their education in dental health;
b
head (xxvi) shall be deleted;
c
in head (xxvii) for the words from “for part of the cost” to “temporarily vacated” there shall be substituted the words “in respect of such accommodation and recovering those charges”;
d
for head (xxix) and (xxx) there shall be inserted the following: —
xxix
section 65(1) and (2) with respect to allowing accommodation and services authorised by the Secretary of State to be made available in connection with treatment, in pursuance of arrangements made by medical or dental practitioners, of their private patients; and with respect to determining the charges to be paid for that accommodation and services and recovering those charges;
e
after head (xxxiv) there shall be added the following —
xxxv
section 121 with respect to the determination of charges for prescribed services provided in respect of prescribed non-residents.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
22nd February 1989


text:
1
This Order may be cited as the Borough of Colwyn (Electoral Arrangements) Order 1989 and shall come into force one month after the day on which it is made.
2
1
The ordinary elections of councillors for all the wards of the Borough of Colwyn shall take place simultaneously in 1991 and every fourth year thereafter.
2
All the councillors of that Borough shall retire together in 1991 on the fourth day after the ordinary day of election and the newly elected councillors shall come into office on the day on which their predecessors retire.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
17th April 1989


text:
1
These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1989 and shall come into force on 28th February 1989.
2
In regulation 3(5) of the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 substitute “or” for “which is not”.
Nicholas Ridley
Secretary of State for the Environment
31st January 1989
Peter Walker
Secretary of State for Wales
6th February 1989


text:
1
This Order may be cited as the Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 1989 and shall come into force on 14th June 1989.
2
The Merchant Shipping (Transfer of Functions) Ordinance 1988 , enacted by the Legislature of the Falkland Islands, is hereby confirmed.
G. I. de Deney
Clerk of the Privy Council


text:
1
The City of Manchester (M56 North Cheshire Motorway) (Bowdon to Wythenshawe Airport Link Road Section) Connecting Roads Scheme 1988 is hereby confirmed with modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme, as modified, with its accompanying plan are deposited at the Department of Transport, Romney House, 43 Marsham St, London SW1P 3PY and at the offices of the Manchester City Council, Town Hall, Albert Square, Manchester.
3
The Scheme will come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the City of Manchester (M56 North Cheshire Motorway) (Bowdon to Wythenshawe Airport Link Road Section) Connecting Roads Scheme 1988 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
8th September 1989


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1989 and shall come into force on 2nd October 1989.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be further amended in accordance with the provisions of these Regulations.
3
In paragraph (3)(b) of regulation 19 (Fees in respect of tests) for “£16.50” there shall be substituted “£24.00”.
4
In the third column of Schedule 3 headed “Additional requirements” for the words “and 10” in the entries opposite groups D and E there shall in each case be substituted the words “, 10, 12 and 13”.
5
In Schedule 4 (Additional requirements for driving tests) the following additional requirements shall be added to the list —
12
Drive the vehicle slowly, while keeping it under control.
13
Cause the vehicle to face in the opposite direction by driving it forward (“U” turn).
.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
18th August 1989
We approve the making of regulation 3 of these Regulations.
Kenneth Carlisle
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
4th September 1989


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Fees established and set out in Part III of Table I of the Schedule to the Legal Officers' Fees Order 1986 and Tables I, II and III of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1988 shall no longer be payable.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to any fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1989 and shall come into force on the first day of January 1990.
Dated this 17th day of May 1989.
R. B. Gibson
A. Black
T. A. C. Coningsby
D. Lovelock
B. M. M. O'Connor
Approved by the General Synod
W. D. Pattinson
Secretary-General
the 11th day of July 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Order 1989 and shall come into force on 9th January 1989.
2
In this Order —
a
“designated area” means one of the areas described in the Schedule to this Order;
b
“sheep” means an animal of the genus Ovis of whatever age or sex.
Designated incident
2
In the opinion of the Secretary of State food in the areas described in the Schedule to this Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Designated areas
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated areas
4
1
No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.
2
Paragraph (1) above shall not apply in the case of any sheep which —
a
was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; and
b
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Restrictions on movement
5
1
No person shall move any sheep from any farm, agricultural holding, agricultural premises or holding in any of the designated areas.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
e
any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
f
any sheep which was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
g
any sheep which was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.
3
No person shall move into the designated areas any sheep which has been removed from those areas or from any area which is from time to time designated by an Order under section 1 of the said Act which refers to the escape of substances described in article 2 of this Order, except any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or which consent did not require that the sheep to which it applies should be marked.
Restrictions throughout the United Kingdom
6
1
No person shall in the United Kingdom —
a
slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area described in Part 1 of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987; or
b
supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area described in Part I of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
e
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or
ii
was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
iii
was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Revocation
7
The Food Protection (Emergency Prohibitions) Order 1988( ) is hereby revoked.
N E Sharp
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
5th January 1989


text:
1
The (A5) London–Holyhead Trunk Road and Slip Roads and the (A49) Newport–Shrewsbury–Whitchurch Trunk Road (A5/A49 Shrewsbury By-Pass and Improvements) Order 1985 is hereby amended so as to substitute for the part of the route of the new main new trunk road described in paragraph (1) of Schedule 1 to that order and shown on site plan B of the deposited plan referred to in that order which lies between a point 340 metres east of its junction with the A49 trunk road and a point 740 metres west of its junction with the A458 principal road at Weeping Cross, the route shown by a heavy black line on the deposited plan referred to in article 2 below.
2
In this Order–
1
the measurements of distance are measured along the route of the relevant highway;
2
“the deposited plan”
means the plan numbered HA10/2WM122 marked “The (A5) London–Holyhead Trunk Road and Slip Roads and the (A49) Newport–Shrewsbury–Whitchurch–Warrington Trunk Road (A5/A49 Shrewsbury By-Pass and Improvements) Order 1985 (Sutton Hall Amendment) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
This Order shall come into force on 5th January 1990 and may be cited as the (A5) London–Holyhead Trunk Road and Slip Roads and the (A49) Newport–Shrewsbury–Whitchurch–Warrington Trunk Road (A5/A49 Shrewsbury By-Pass and Improvements) Order 1985 (Sutton Hall Amendment) Order 1989.
Signed by authority of the Secretary of State
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
7th December 1989


text:
1
This Order may be cited as the Customs Duty (Personal Reliefs) (Amendment) Order 1989 and shall come into force on 1st January 1990.
2
In paragraph (a) (4) of Schedule 1 to the Customs Duty (Personal Reliefs) ( No. 1) Order 1968 , for “£250” there shall be substituted “£265”.
Philip Nash
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th December 1989


text:
Citation and commencement
1
1
This Order may be cited as the Medicines (Exemption from Licences) (Special and Transitional Cases) Amendment Order 1989.
2
Except as provided in article 4, this Order shall come into force on 1st August 1989.
Amendment of the Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971
2
1
The Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971 (c) shall be amended in accordance with the following provisions of this article.
2
In article 2 of that Order (exemption from product licences for certain special manufactured products): —
a
in paragraph (1) for the words “and manufacture” there shall be substituted the words “, manufacture or assembly”;
b
in paragraph (2)(ii) the words “or assembles” shall be added after the word “manufactures”;
c
In paragraph (2)(iii) and (iv) the words “or assembly” shall be added after the word “manufacture”;
d
in paragraph 2(v) —
i
the words “or assembled” shall be added after the word “manufactured”; and
ii
the words “or assembly” shall be added after the word “manufacture”.
3
Article 3 of that Order (exemption from manufacturer’s licences for products manufactured in certain circumstances) shall be revoked.
Consequential amendments
3
The Medicines (Chloroform Prohibition) Order 1979 shall be amended by omitting —
a
the final “, or” in article 3(1)(c)(iii);
b
article 3(1)(c)(iv) (exceptions to Prohibition Order).
Deferred commencement where directions currently in force
4
For the purposes of any case where a direction issued pursuant to article 3 of the Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971 is in force on 31st July 1989, the revocation made by article 2 and the amendments made by article 3 shall come into force on 1st February 1990.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
6th July 1989
P. Walker
Secretary of State for Wales
6th July 1989
M. B. Forsyth
Parliamentary Under Secretary of State, Scottish Office
5th July 1989
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 7th day of July 1989.
F. A. Elliot
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 7th day of July 1989.
W. J. Hodges
Permanent Secretary


text:
Citation and commencement
1
This Order may be cited as the Merseyside Development Corporation (Vesting of Land) (Transport Land) Order 1989 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order–
“the Corporation” means the Merseyside Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development areas” means the areas designated as urban development areas by the Merseyside Development Corporation (Area and Constitution) Order 1980 and the Liverpool and Wirral Urban Development Area Order 1988 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 4 entitled “Maps referred to in the Merseyside Development Corporation (Vesting of Land) (Transport Land) Order 1989”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Transport, the councils of the city of Liverpool and the borough of Wirral, the British Railways Board, the Merseyside Passenger Transport Executive, the Merseyside Passenger Transport Authority, Merseyside Transport Limited and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and either stippled or edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in
a
Part 1 of the Schedule hereto, and now vested in the British Railways Board,
b
Part 2 of the Schedule hereto, and now vested in the Merseyside Passenger Transport Executive, and
c
Part 3 of the Schedule hereto, and now vested in Merseyside Transport Limited, being a subsidiary of the Merseyside Passenger Transport Authority,
or, in each case, in a local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development areas, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development areas which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
7th June 1989
Paul Channon
Secretary of State for Transport
2nd June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1989.
2
These Regulations come into force on 11th August 1989.
3
In these Regulations terms defined in the Pensions Act have the same meaning.
Savings in respect of amendments to the Social Security Pensions Act 1975
2
1
If an earner ceased to be in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme before paragraphs 6 and 7 of Schedule 6 to the Social Security Act 1989 came into force, sections 41A and 41B of the Pensions Act (which deal with the protection of pensions) apply in relation to the earner and the earner’s widow or widower as if those paragraphs had not been enacted.
2
If an earner was in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme immediately before paragraphs 6 and 7 of Schedule 6 to the Social Security Act 1989 came into force and:–
a
the earner ceases to be in contracted-out employment by reference to that scheme after these Regulations come into force but before 1st December 1990, and
b
the earner ceases to be in that contracted-out employment otherwise than by virtue of his attaining pensionable age,
sections 41A and 41B of the Pensions Act apply in relation to the earner and the earner’s widow or widower as if those paragraphs had not been enacted.
Saving in respect of amendments to the Social Security Act 1986
3
Until 1st December 1990, Schedule 1 to the Social Security Act 1986 (which sets out the requirements to be satisfied by appropriate personal pension schemes and money purchase contracted-out schemes) shall have effect in relation to a scheme in respect of which there is in force, immediately before these Regulations come into force, an appropriate scheme certificate under section 2 of that Act or a contracting-out certificate under section 32(2A) of the Pensions Act , as if the amendments made to that Schedule by paragraphs 19 and 20 of Schedule 6 to the Social Security Act 1989 had not been enacted.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
21st July 1989


text:
1
This Order may be cited as the European Parliamentary Elections (Welsh Forms) Order 1989 and shall come into force on 21st April 1989.
2
The European Parliamentary Elections (Welsh Forms) Order 1979 is hereby revoked.
3
In this Order:
“the 1986 Regulations ” means the European Parliamentary Elections Regulations 1986 ; and
“the 1983 Act ” means the Representation of the People Act 1983 .
4
Each of the forms set out in Schedule 1 to this Order is hereby prescribed as the version partly in Welsh and partly in English which shall be used at a European Parliamentary election in Wales, in place of:
a
in the case of form 1, the notice required by rule 29(5) of the parliamentary elections rules in Schedule 1 to the 1983 Act (voting compartment notice) , as applied by regulation 5 of, and Schedule 1 to, the 1986 Regulations;
b
in the case of forms 2 and 3, forms E and F (official poll card for an elector and for a proxy), respectively, in Schedule 2 to the Representation of the People Regulations 1986 , as applied by regulation 5 of, and Schedule 2 to, the 1986 Regulations; and
c
in the case of forms 4, 5 and 6, forms H, J and K (declarations of identity), respectively, in Schedule 2 to the Representation of the People Regulations 1986, as applied by regulation 5 of, and Schedule 2 to, the 1986 Regulations.
5
Each of the forms set out in Schedule 2 to this Order is hereby prescribed as the Welsh version which may be used at a European Parliamentary election in Wales in place of the forms prescribed by the following provisions in the parliamentary elections rules in Schedule 1 to the 1983 Act, as applied by regulation 5 of, and Schedule 1 to, the 1986 Regulations, which provisions are:
a
in the case of form 1, rule 35(1)(a),
b
in the case of form 2, rule 35(1)(b),
c
in the case of form 3, rule 35(2),
d
in the case of forms 4, 5 and 6, the form of nomination paper, the form of directions for the guidance of the voters in voting and the form of declaration to be made by the companion of a blind voter, respectively, set out in the Appendix to those rules.
6
The forms set out in Schedules 1 and 2 to this Order, except forms 1, 2 and 3 in Schedule 2, may be used with such modifications as circumstances require.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
9th March 1989


text:
1
This Order may be cited as the Copyright (Application to Other Countries)(No. 2) (Amendment) Order 1989 and shall come into force on 29th January 1990.
2
The Copyright (Application to Other Countries) (No. 2) Order 1989 shall be amended by the inclusion in Schedule 2 thereto (which names the countries enjoying full protection for sound recordings) of “India,” between the words “Guatemala” and “Indonesia”.
G I de Deney
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
—
1
This Order may be cited as the The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 3) Order 1989 and shall come into force on 15th November 1989.
2
In this Order –
“ the Act ” means the Food and Environment Protection Act 1985;
“designated area” means the farms, holdings and agricultural and other premises described in the Schedule to this Order;
“the Milk Marketing Board” means the Milk Marketing Board for England and Wales established under the Agricultural Marketing Act 1958 .
Designated incident
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food in the areas described in the Schedule to this Order is, or may be, or may become, unsuitable for human consumption in consequence of the escape of lead into imported animal feeding stuff.
Designated area
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Act.
Activities prohibited in the designated area
4
No person shall in the designated area –
a
slaughter any cattle for human consumption or for use in the preparation of feeding stuff;
b
prepare or process for supply to purchasers or others any food derived from cattle or anything which is derived from cattle and from which food could be derived; or
c
feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order or which is derived from cattle that were in the designated area on or after 7th November 1989.
Restrictions on movement
5
Subject to article 7 of this Order, no person shall move any milk or milk product derived from any cattle or any catte from which milk may be derived, or any cattle from which meat or any other food for human consumption may be derived from any farm, holding, agricultural or other premises described in the Schedule to this Order.
Restrictions throughout the United Kingdom
6
No person shall, in the United Kingdom –
a
slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area after the coming into force of this Order;
b
supply, or, subject to article 7 of this Order, have in possession for supply, any milk, milk product, meat or other food, derived from cattle that were in the designated area after the coming into force of this Order;
c
feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order and which was taken from the designated area after the coming into force of this Order; or
d
supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(b) of this Order.
Exceptions to restrictions
7
—
1
Notwithstanding the restrictions in article 5 of this Order, the Milk Marketing Board may move milk from any farm, holding, agricultural or other premises described in the Schedule to this Order, subject to the condition set out in paragraph (2) below.
2
The condition referred to in paragraph (1) above is that such milk is processed into butter or milk powder.
3
Notwithstanding the restrictions in article 6(b) of this Order, there may be supplied to the Milk Marketing Board milk derived from cattle that were in the designated area after the coming into force of this Order,
Revocation
8
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Order 1989 , the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Amendment Order 1989 and the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Amendment No. 2 Order 1989 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
These Regulations may be cited as the Royal Air Force Terms of Service (Amendment) Regulations 1989 and shall come into force on 1st October 1989.
Amendments to Regulations
2
The Royal Air Force Terms of Service Regulations 1985 shall be further amended as follows.
3
There shall be inserted after Regulation 7 a new Regulation as follows —
Right to Transfer to the Reserve-Aircrew Category
7A
1
Without prejudice to the right referred to in Regulation 7(1), a person to whom this Regulation applies shall have the right to be transferred to the reserve under this Regulation. Such transfer shall take effect on the date which is:
a
8 years from the relevant date, or
b
6 years from the end of his period of training, whichever is the later.
2
This Regulation applies to a person in air force service who enlisted for service in an aircrew category and who has not been transferred from such category.
3
The right referred to in paragraph (1) shall be exercisable in accordance with Regulation 11 and is subject to Regulation 12.
.
4
1
In Regulation 11 (exercise of certain rights) for “Regulations 5, 6 or 7” there shall be substituted “Regulations 5,6, 7 or 7A”.
2
In Regulation 12 (restrictions on the exercise of rights conferred by Regulations 5, 6, 7 and 15(2)) for “Regulations 5, 6, 7 and 15(2)” there shall, in each place those words occur, be substituted “Regulations 5,6,7,7A and 15(2)”.
3
In Regulation 13 (service in the reserve) for “Regulations 5, 6 and 7” there shall be substituted “Regulations 5,6,7 and 7A”.
On behalf of the Defence Council.
P. R. Harding
M. Neubert
Members of the Defence Council
Dated 9th June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Medical Evidence, Claims and Payments) Amendment Regulations 1989 and shall come into force for the purposes of regulation 6, in relation to a particular beneficiary, at the beginning of the first benefit week to commence for that beneficiary on or after 9th October 1989 and for all other purposes on 9th October 1989.
2
In these Regulations–
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ; and
“the Medical Evidence Regulations ” means the Social Security (Medical Evidence) Regulations 1976 .
Amendment of regulation 5 of the Medical Evidence Regulations
2
For paragraph (1) of regulation 5 of the Medical Evidence Regulations (self-certificate for first 7 days of a spell of incapacity for work) there shall be substituted the following paragraph–
1
Where a person claims sickness or invalidity benefit or severe disablement allowance, the evidence of incapacity required for the purpose of determining his right to benefit–
a
for a spell of incapacity which lasts less than 8 days, or
b
in respect of any of the first 7 days of a longer spell of incapacity;
may consist of a self certificate instead of a certificate in the form of a statement in writing given by a doctor in accordance with regulation 2(1).
.
Amendment of regulation 2 of the Claims and Payments Regulations
3
In regulation 2(1) of the Claims and Payments Regulations (interpretation) in the expression “claim for benefit” paragraph (b) shall be omitted.
Amendment of regulation 6 of the Claims and Payments Regulations
4
1
Regulation 6 of the Claims and Payments Regulations (date of claim) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “Subject to paragraphs (3) and (4)” there shall be substituted the words “Subject to paragraphs (3), (4) and (5)”.
3
After paragraph (4) there shall be added the following paragraph–
5
Where a person submits a claim for attendance allowance by post and the arrival of that claim at an appropriate office is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the claim shall be treated as received on the day on which it would have been received if it had been delivered in the ordinary course of post.
.
Amendment of regulation 19 of the Claims and Payments Regulations
5
In regulation 19(3) of the Claims and Payments Regulations (time for claiming benefit) for the words “the prescribed time shall be extended to one month” there shall be substituted the words
the prescribed time shall be extended–
except in a case to which sub-paragraph (b) applies, to one month, and
where the benefit claimed is family credit and there has been a previous award of that benefit, to one month from the day following the 14th day after the last day of that award.
.
Amendment to Part IV of the Claims and Payments Regulations
6
After regulation 35 of the Claims and Payments Regulations (deductions from benefit and direct payment to third parties) there shall be inserted the following regulation–
Transitional provisions for persons in hostels or certain residential accommodation
35A
1
In this regulation–
“benefit week” has the same meaning as it has in Schedule 7, paragraph 4;
“specified benefit” has the same meaning as it has in Schedule 9, paragraph 1; and
“Schedule 3B” means Schedule 3B to the Income Support (General) Regulations 1987 .
2
Expressions used in this regulation and in Schedule 3B have, unless the context otherwise requires, the same meanings in this regulation as they have in that Schedule.
3
Where–
a
immediately before the coming into force of Schedule 3B a beneficiary was in, or temporarily absent from, a hostel and a payment in respect of his accommodation charges was, or would but for that absence have been, made for the first week to a third party under–
i
Schedule 9, paragraph 4 (miscellaneous accommodation costs), or
ii
regulation 34 (payment to another person on the beneficiary’s behalf); and
b
the beneficiary is entitled to eligible housing benefit for the period mentioned in sub-paragraph (b) of the expression “eligible housing benefit”; and
c
the beneficiary continues to reside in the same hostel,
the adjudicating authority shall in a case to which paragraph (6) applies determine that an amount of specified benefit shall, subject to paragraphs (8) and (9), be paid to that third party.
4
Where a beneficiary is in, or is temporarily absent from, accommodation which–
a
was a hostel before the March benefit week; and
b
in the second week is residential accommodation within the meaning of regulation 21 of the Income Support (General) Regulations 1987,
paragraph (3) shall apply as if sub-paragraph (b) was omitted and as if the reference to paragraph (6) was a reference to paragraph (7).
5
An amount of specified benefit shall not be paid to a third party under paragraph (3), as applied by paragraph (4), where the beneficiary–
a
is in residential accommodation in the benefit week which commences in the period of 7 consecutive days beginning on 9th October 1989, but
b
is a person to whom a protected sum is not applicable in accordance with paragraph 3(3) of Schedule 3B.
6
This paragraph applies in a case where–
a
the amount of the eligible housing benefit referred to in paragraph (3)(b) is less than
b
the amount of the direct payment or the payment under regulation 34 in respect of the first week or the amount which would have been payable but for the temporary absence of the beneficiary in the first week;
and where this paragraph applies the amount of the specified benefit determined in accordance with paragraph (3) shall be the difference between the amounts specified in sub-paragraphs (a) and (b).
7
This paragraph applies where the applicable amount which was appropriate to the beneficiary by way of personal expenses in the first week is less than the total applicable amount appropriate to the beneficiary in the second week; and where this paragraph applies the amount of the specified benefit determined in accordance with paragraph (3) as applied by paragraph (4) shall be the difference between those two amounts.
8
Where immediately before the coming into force of Schedule 3B a beneficiary was temporarily absent from a hostel and the charge levied on him during that period of absence was less than the full charge for the accommodation, an amount of specified benefit shall not be paid to the third party in respect of the period for which less than the full charge was levied but shall be paid when the full charge is levied.
9
Specified benefit shall not be paid to a third party in accordance with this regulation unless the amount of the beneficiary’s award of the specified benefit is not less than the total of the amount otherwise authorised to be so paid under this regulation plus 10 pence.
10
for the purposes of paragraph (3)(c) residence shall be regarded as continuous where the only absences occurred during the permitted period and for this purpose “permitted period” has the same meaning as it has in regulation 3A of the Income Support (General) Regulations 1987 .
11
This regulation shall cease to apply, where a beneficiary’s benefit week in the week commencing 2nd April 1990–
i
begins on that day, on the day immediately following 8th April 1990;
ii
begins on a day other than that day, on the day immediately following the last day in his benefit week.
.
Amendment of regulation 38 of the Claims and Payments Regulations
7
1
Regulation 38 of the Claims and Payments Regulations (extinguishment of right to payment of sums by way of benefit etc. ) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “The right to payment of any sum by way of benefit shall be extinguished” there shall be substituted the words “Subject to paragraph (2A), the right to payment of any sum by way of benefit shall be extinguished”.
3
After paragraph (2) there shall be inserted the following paragraph–
2A
Where a question arises whether the right to payment of any sum by way of benefit has been extinguished by the operation of this regulation and the adjudicating authority is satisfied that–
a
the Secretary of State has first received written notice requesting payment of that sum after the expiration of 12 months; and
b
from a day within that period of 12 months and continuing until the day the written notice was given, there was good cause for not giving the notice; and
c
the instrument of payment, which has been sent or given to the person to whom it is payable, has been produced to the Secretary of State; and
d
the Secretary of State has certified that no further instrument has been issued as a replacement,
the period of 12 months shall be extended to the date on which the adjudicating authority decides that question, and this regulation shall accordingly apply as though the right to payment had arisen on that date.
.
Amendment of Schedule 7 to the Claims and Payments Regulations
8
1
Schedule 7 to the Claims and Payments Regulations (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 3 there shall be substituted the following paragraph–
3
1
Subject to any direction given by the Secretary of State in accordance with sub-paragraph (2), income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit.
2
The Secretary of State may direct that income support in respect of any benefit week shall be paid at such intervals and on such days as he may in any particular case or class of case determine.
.
3
After paragraph 3 shall be added the following paragraph–
3A
1
Income support for any part-week shall be paid in accordance with an award on such day as the Secretary of State may in any particular case direct.
2
In this paragraph, “part-week” has the same meaning as it has in Part VII of the Income Support (General) Regulations 1987.
.
Amendment of Schedule 9 to the Claims and Payments Regulations
9
1
Schedule 9 to the Claims and Payments Regulations (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 4–
a
in sub-paragraph (1) the words–
i
“or Schedule 5 (persons in hostels)”;
ii
“or 15 (resettlement units)”; and
iii
“or 15”
shall be all omitted, and
b
in sub-paragraph (2)
i
head (b) (calculation of the amount of any payment to a third party where a beneficiary is in a hostel) shall be omitted; and
ii
in head (c) for the words “14 or, as the case may be, 15” there shall be substituted the words “or, as the case may be, 14”.
3
In paragraph 7(4), in the definition “water undertaker” (water charges), the words “or, in Scotland, the meaning that “water authority” has in section 3 of the Water (Scotland) Act 1980 ” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th September 1989


text:
Title, extent and commencement
1
These Regulations, which may be cited as the Pig Carcase (Grading) (Amendment) Regulations 1989, shall apply in Great Britain and shall come into force on 11th May 1989.
Amendment of the Pig Carcase (Grading) Regulations 1988
2
The Pig Carcase (Grading) Regulations 1988 shall be amended:
a
by substituting for the definition of “the Commission Decision” in regulation 2(1) thereof the following definition:
“the Commission Decision” means Commission Decision No. 88/234/ EEC authorising the methods for grading pig carcases in the United Kingdom , as amended by Commission Decision No. 88/478/EEC
;
b
by substituting for paragraph 1(iv) of the Schedule thereto (particulars of the occupier of a slaughterhouse to be notified to the appropriate Minister) the following sub-paragraph:
iv
the council of a London borough the name and address of the council.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th April 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
11th April 1989


text:
PART I
TITLE, COMMENCEMENT AND INTERPRETATION
Title and commencement
1
These Regulations may be cited as the Milk (Special Designation) Regulations 1989, and shall come into force on 1st April 1990.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“accredited herd” means a herd which to the satisfaction of the Minister either —
has been found to be free from brucellosis by means of a series of diagnostic tests carried out by him or on his behalf and has been, since the date of commencement of such tests, the subject of adequate precautions against the introduction or re-introduction and consequent spreading of brucellosis; or
has been wholly constituted by the transfer of animals from other accredited herds in Great Britain or from such similar herds outside Great Britain as the Minister may either generally or in any special case allow, and has been, since being so constituted, the subject of such precautions as aforesaid;
“ the Act ” means the Food Act 1984;
“brucellosis” means the disease caused by brucello abortus;
“bulk milk” means milk which is not pre-packed;
1984 c. 30 ; section 132(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which these Regulations are made.
In the case of the Secretary of State for Health, by virtue of S.I. 1988/1843 .
1971 c. 62 .
“business” includes the business of a hospital, school or other institution whose selling of milk is incidental only to the rendering of the health, education or other services rendered by the institution;
“consumer” means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale;
“dealer’s licence” means a licence granted to any person to use the special designation “Pasteurised”, “Sterilised” or “Ultra Heat Treated” in relation to milk sold by him and “licensed dealer” means a person to whom a dealer’s licence has been granted;
“farm bottled milk” means untreated milk which has been produced from a herd owned or controlled by a licensed producer and bottled, or placed in cartons or other containers, at the place of production;
“herd” means the milch cows in respect of whose milk any licence is applied for or granted, as the case may be, and includes any other bovine animals for the time being kept in contact with such cows;
“licence” means a licence granted by or under these Regulations;
“licence held by a retailer for a specified area” means a licence authorising the use of a special designation held by a person carrying on a business which includes any sales which are sales for the purpose of which the use of a special designation is obligatory by virtue of Part II of the Act and are of milk in relation to which that licence authorises the use of a special designation;
“licensing authority” means, in relation to a grant of a licence, the authority having power to grant the licence by virtue of these Regulations, and, in relation to a licence which has been granted, the authority who would for the time being have power by virtue of these Regulations to grant a licence by way of renewal thereof if it had expired; and “licensing area” means the area of such licensing authority;
“milch cow” means a cow kept for milking purposes;
“milk” means cows' milk, but does not include cream, or separated, skimmed, dried, condensed or evaporated milk, or butter milk;
“the Minister” means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
“pre-packed”, in relation to milk, means packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer;
“presentation”, in relation to milk, includes the appearance or packaging of the milk, the way in which the milk is arranged when it is exposed for sale and the setting in which the milk is displayed with a view to sale, but does not include any form of labelling or advertising;
“producer’s licence” means a licence granted to a person owning or having control of a herd to use the special designation “Untreated” in relation to milk produced from that herd and sold by him at or from the premises where the herd is maintained; and
“licensed producer” means any person to whom such a licence has been granted;
“raw milk” means milk which has not been treated by heat;
“sample” means a sample taken by a person duly authorised in that behalf by the licensing authority or the Minister;
“sell” includes offer or agree to sell or expose for sale; and “sale” shall be construed accordingly;
“selling” means selling in the course of a business, and includes, in relation to milk, supplying it under arrangements for free supply or in the course of any business otherwise than under such arrangements; and references to sales and contracts of sale shall be construed accordingly;
“selling milk by retail” means selling it —
to any person other than a milk dealer (that is to say, a person who carries on a business which consists in or comprises the selling of milk that has been pasteurised, sterilised or ultra heat treated), an untreated milk distributor (that is to say, a person who carries on a business which consists in or comprises the selling of untreated milk) or a manufacturer of milk products (that is to say, a person who carries on a business which consists in or comprises the making of things made from milk or of which milk is an ingredient), or
to such a dealer, untreated milk distributor, or manufacturer otherwise than for the purpose of his business as such;
“selling milk by wholesale” means selling milk otherwise than by retail;
“specified area” means an area in which section 40 of the Act is in operation;
“untreated milk distributor’s licence” means a licence granted to any person to use the special designation “Untreated” in relation to farm bottled milk sold by him, not being milk sold, or appropriate to be sold, by him in accordance with the terms of a producer’s licence; and
“licensed untreated milk distributor” means a person to whom an untreated milk distributor’s licence has been granted.
2
Any reference in these Regulations to a licence granted under Regulations shall be taken to include a licence continued in force by them.
3
Any reference in these Regulations to a numbered regulation or to a Schedule shall, unless the reference is to a regulation of, or a Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
PART II
GENERAL PROVISIONS AS TO LICENCES
Special designations
3
The special designations which may be used in accordance with these Regulations in relation to milk are “Untreated”, “Pasteurised”, “Sterilised”, and “Ultra Heat Treated”.
Application for licence
4
Subject to the provisions of these Regulations, any person who intends to use in relation to milk a special designation authorised by these Regulations shall, unless he already holds an appropriate licence currently in force, apply in writing in accordance with the provisions of these Regulations to the licensing authority for a licence to use such special designation.
Refusal of licence
5
Subject to the provisions of these Regulations, the licensing authority may refuse to grant a licence (whether in renewal of an existing licence or not) if they are not satisfied that the applicant’s arrangements and processes for the production, handling, treatment,storage and distribution of milk, as the case may be, are such as to comply with all relevant provisions contained in any Milk and Dairies Regulations and Milk (Special Designation) Regulations, including these Regulations.
Conditions of licences
6
1
Every licence to use the special designation “Untreated” shall be subject to such of the following conditions as are applicable: —
a
the general conditions set out in Schedule 1,
b
the special conditions set out in Schedule 2,
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Parts II and III of that Schedule,
d
the detailed conditions as to labelling set out in Schedule 6.
2
Every licence to use the special designation “Pasteurised” shall be subject to such of the following conditions as are applicable: —
a
the general conditions set out in Schedules 1 and 3,
b
the special conditions set out in Part I of Schedule 4,
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Parts II, III and IV of that Schedule,
d
the detailed conditions as to labelling set out in Schedule 6.
3
Every licence to use the special designation “Sterilised” shall be subject to such of the following conditions as are applicable: —
a
the general conditions set out in Schedules 1 and 3,
b
the special conditions set out in Part II of Schedule 4,
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Parts III and V of that Schedule,
d
the detailed conditions as to labelling set out in Schedule 6.
4
Every licence to use the special designation “Ultra Heat Treated” shall be subject to such of the following conditions as are applicable: —
a
the general conditions set out in Schedules 1 and 3,
b
the special conditions set out in Part III of Schedule 4,
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Part III of that Schedule,
d
the detailed conditions as to labelling set out in Schedule 6.
Form of licence
7
1
Every licence granted under these Regulations shall be in the appropriate form contained in Schedule 7 with such modifications, if any, as the circumstances may require, that is to say —
a
a producer’s licence authorising the use of the special designation “Untreated” shall be in form A,
b
an untreated milk distributor’s licence authorising the use of the special designation “Untreated” for untreated farm bottled milk shall be in form B,
c
a dealer’s licence authorising the use of the special designation “Pasteurised” (where pasteurisation has been carried out by the dealer) shall be in form C,
d
a dealer’s licence authorising the use of the special designation “Sterilised” (where sterilisation has been carried out by the dealer) shall be in form D,
e
a dealer’s licence authorising the use of the special designation “Ultra Heat Treated” (where ultra heat treatment has been carried out by the dealer) shall be in form E,
f
a dealer’s licence authorising the use of the special designations “Pasteurised”, “Sterilised”, “Ultra Heat Treated” in respect of pre-packed milk shall be in form F.
2
A licence other than a dealer’s licence granted by the Minister to the Milk Marketing Board shall authorise the use of a special designation only in relation to milk soldor from the premises mentioned in the licence.
PART III
GRANT OF PRODUCERS' LICENCE
Producers' licences
8
1
Subject to the provisions of these Regulations, —
a
every producer’s licence shall be granted by the Minister;
b
every producer’s licence shall continue in effect until the expiration of the period of three years in which it takes effect, being one of the periods of three years ending with 31st October in 1991 or in any third succeeding year;
c
notwithstanding sub-paragraph (b) hereof, a producer’s licence may be granted by the Minister for a temporary purpose for a period not exceeding one month.
2
Unless previously revoked, any producer’s licence, other than a licence granted for a temporary purpose, may, on application by the licensed producer, be renewed from time to time by the Minister for a period calculated in the manner set out in this regulation.
PART IV
REFUSAL, SUSPENSION AND REVOCATION OF PRODUCERS' LICENCES AND APPEALS ARISING THEREFROM
Refusal, suspension ad revocation of producers' licences
9
1
The Minister shall not revoke a producer’s licence being a licence to which section 45 of the Act applies (that is to say, a licence held by a retailer for a specified area) or refuse a grant of a licence by way of renewal of any such licence on the ground of breach of a condition thereof, unless —
a
the breach in question is of a condition to which section 45 as aforesaid applies,
b
the holder of the licence has been convicted of an offence under that section by virtue of the breach in question, or has been convicted, within twelve months before the time of the breach in question or after the time of it, of an offence under section 39, 40 or 41 of the Act, or of an offence under Milk and Dairies Regulations for which a penalty is thereby imposed, and
c
the decision of the licensing authority to revoke, or to refuse renewal, as the case may be, is made twelve months from the date of the breach in question.
2
The Minister shall not suspend a producer’s licence, being a licence held by a retailer for a specified area, on the ground of breach of a condition thereof, by virtue of any one decision by him, for a period of more than 3 months, but the period of suspension awarded by any such decision may be extended by a subsequent such decision made in accordance with regulation 10.
Procedure
10
1
Subject, as respects the suspension or revocation of a producer’s licence which is a licence held by a retailer for a specified area, to regulation 9 and to paragraph (2) below, the Minister may suspend or revoke a producer’s licence on the ground of any breach of a condition thereof, being a breach by virtue of which the producer has been convicted of an offence under section 45 of the Act, or which, not being such a breach as aforesaid, is proved (in a case referred to a tribunal by virtue of these Regulations) by the finding of the tribunal, or (in any other case) to the satisfaction of the Minister.
2
No producer’s licence shall be suspended or revoked by reason only of the producer’s milk being found not to comply with the conditions of the licence after it has left his custody and control, if he shows to the satisfaction of the Minister that such non-compliance was not due to any act or default of himself or of his servants or agents.
3
Where the Minister proposes to refuse to grant a producer’s licence, or proposes to suspend or revoke such a licence, he shall serve on the person affected a notice informing him of the proposal and the reasons therefore, and of his right under paragraph (4) below.
4
The person affected may within 21 days after the receipt of such notice make representations in writing to the Minister in respect of all or any of the reasons stated therein, and where the issue is as to revocation or suspension of a producer’s licence, being a licence held by a retailer for a specified area, or refusal of a grant of a licence by way of renewal of such a licence, he may within the same period request the Minister to refer the matter to a tribunal constituted in accordance with these Regulations. If such request is made to the Minister as aforesaid, he shall forthwith refer the matter to a tribunal in accordance with the provisions of Schedule 8 and on receipt of the tribunal’s report the Minister shall send a copy thereof to the person affected.
5
The decision of the Minister to refuse to grant, or to suspend, or to revoke, a producer’s licence shall be final, but before making his decision he shall consider any representations made under the preceding paragraph and, where the matter has been referred to a tribunal, the report of the tribunal.
The Minister shall serve on the person affected a notice informing him of the decision and the reasons therefor.
6
Where, before the end of the period for which a producer’s licence was granted, the holder of that licence applies for a licence in renewal thereof and his application is not finally determined before the end of the said period, the existing licence shall, subject to any suspension under these Regulations, remain in force until his application is so determined, and where notice of a proposal to refuse to grant such a licence is given by the Minister during the currency of a period when representations may be made against his proposed decision to suspend or revoke the existing licence, or in the case of a retailer for a specified area reference to a tribunal in respect of the matter may be requested, such representations or reference shall be deemed to include representations or reference in respect of such refusal.
Tribunals
11
Where under this Part of these Regulations any issue is referred to a tribunal the constitution and procedure of the tribunal shall conform with the provisions of Schedule 8.
PART V
PROVISIONS RELATING TO THE GRANTING OF UNTREATED MILK DISTRIBUTORS' LICENCES
Untreated milk distributors' licences
12
1
Subject to the provisions of these Regulations —
a
every untreated milk distributor’s licence, other than a licence specified in sub-paragraph (b) below, shall be granted by the local authority for the area within which are situated the premises at or from which the milk is to be sold;
b
every untreated milk distributor’s licence granted —
i
to the Milk Marketing Board in relation to milk sold by the Board otherwise than at or from any of the Board’s premises where milk intended for sale or sold is handled by them,
ii
to a county council, or
iii
to a local authority, shall be granted by the Minister;
c
application may be made for an untreated milk distributor’s licence in relation to farm bottled milk obtained by the applicant pre-packed from a licensed producer to use the special designation “Untreated” for the purpose of re-selling such milk to the ultimate consumer (as defined in Schedule 6) only.
2
In an application for an untreated milk distributor’s licence the applicant shall state the name and address of each licensed producer from whom he proposes to obtain the milk.
3
In this regulation the expression “local authority” has the meaning assigned to it by section 72 of the Act.
Duration of untreated milk distributor’s licences
13
1
Every untreated milk distributor’s licence shall, subject to the provisions of these Regulations, continue in effect until the expiration of the period of three years in which it takes effect, being one of the periods of three years ending with 31st October in 1991 or in any third succeeding year.
2
Any untreated milk distributor’s licence, unless previously revoked, may, on application by the licensed untreated milk distributor, be renewed from time to time by the licensing authority for a period calculated in the manner set out in this regulation.
PART VI
PROVISIONS RELATING TO THE GRANTING OF DEALERS' LICENCES
Dealers' licences
14
1
Subject to the provisions of these Regulations, —
a
every dealer’s licence, other than a licence specified in sub-paragraph (b) below, shall be granted by the local authority for the area within which are situated the premises at or from the milk is to be pasteurised, sterilised, treated by the ultra high temperature method or sold, as the case may be;
b
every dealer’s licence granted —
i
to the Milk Marketing Board in relation to milk sold by the Board otherwise than at or from any of the Board’s premises where milk intended for sale or sold is handled by them;
ii
to a county council; or
iii
to a local authority; shall be granted by the Minister;
c
application may be made for a dealer’s licence to use the special designation “Pasteurised”, “Sterilised” or “Ultra Heat Treated”, as the case may be, in relation to milk pasteurised by the applicant in accordance with the provisions of Schedule 3 and Part I of Schedule 4, sterilised by him in accordance with the provisions of Schedule 3 and Part II of Schedule 4, or treated by him by the ultra high temperature method in accordance with the provisions of Schedule 3 and Part III of Schedule 4;
d
application may be made in relation to milk —
i
obtained by the applicant pre-packed in respect of which any of the special designations “Pasteurised”, “Sterilised” or “Ultra Heat Treated” may be used by virtue of these Regulations, or
ii
pasteurised, sterilised or treated by the ultra high temperature method by the applicant in accordance with the provisions of a licence granted undersub-paragraph (c) above, for a dealer’s licence to use a special designation for the purpose of selling such milk by wholesale or by retail and such a licence may authorise the use of one or more special designations.
2
In an application for a dealer’s licence, other than an application made in accordance with paragraph (1)(c) above, the applicant shall state the name and address of each person for whom he proposes to obtain the milk.
3
In this regulation, the expression “local authority” has the meaning assigned to it by section 72 of the Act.
Duration of dealers' licences
15
1
Every dealer’s licence shall, subject to the provisions of these Regulations, continue in force until the expiration of the period of five years in which it comes into force, being one of the periods of five calendar years ending with 31 December in the year 1990 and in any fifth succeeding year.
2
Any dealer’s licence, unless previously revoked, may on application by the licensed dealer be renewed from time to time by the licensing authority for a period calculated in the manner set out in paragraph (1) above.
PART VII
REFUSAL, SUSPENSION AND REVOCATION OF UNTREATED MILK DISTRIBUTORS'LICENCESANDDEALERS'LICENCESAND APPEALS ARISING THEREFROM
Refusal, suspension and revocation of untreated milk distributors' licences and dealers'licences
16
1
The licensing authority shall not revoke a licence being a licence to which section 45 of the Act applies (that is to say, a licence held by a retailer for a specified area) or refuse a grant of a licence by way of renewal of any such licence on the ground of breach of a condition thereof unless —
a
the breach in question is of a condition to which section 45 as aforesaid applies,
b
the holder of the licence has been convicted of an offence under that section by virtue of the breach in question, or has been convicted within twelve months before the time of the breach in question or after the time of it, of an offence under section 39, 40 or 41 of the Act, or of an offence under Milk and Dairies Regulations for which a penalty is thereby imposed, and
c
the decision of the licensing authority to revoke, or to refuse renewal, as the case may be, is made within twelve months from the date of the breach in question.
2
The licensing authority shall not suspend a licence, being a licence held by a retailer for a specified area, on the ground of breach of a condition thereof, by virtue of any one decision by the licensing authority, for a period of more than 3 months, but the period of suspension awarded by any such decision may be extended by a subsequent such decision made in accordance with the provisions of regulation 17.
Procedure
17
1
Subject, as respects suspension or revocation of a licence which is a licence held by a retailer for a specified area, to the provisions of the preceding regulation, the licensing authority may suspend or revoke a licence on the ground of any breach of a condition thereof being a breach by virtue of which the holder has been convicted of an offence under section 45 of the Act, or which; not being such a breach as aforesaid, is proved (in a case referred to a tribunal by virtue of the subsequent provisions of these Regulations) by the finding of the tribunal, or (in any other case) to the satisfaction of the licensing authority.
2
The following provisions shall apply where a licensing authority, other than the Minister, propose to suspend or revoke a licence or to refuse to grant such a licence: —
a
the authority shall serve on the person affected a notice informing him of the proposal and the reasons therefor, and of his right under sub-paragraph (b) below.
b
The person affected may within 21 days after the receipt of such a notice require the authority to afford him an opportunity of being heard by the appropriate committee of the authority and the authority shall comply with any such requirement before making their decision.
c
Any such hearing by a committee shall be in public and the person affected shall be entitled to be heard by himself or by counsel or a solicitor or other representative as he may elect, and he or his representative shall be entitled to call witnesses and to cross-examine witnesses called by another.
d
Where the decision of the authority is adverse to the person affected, that person may within 21 days after being notified of that decision appeal to the Minister and the authority shall give notice of such right together with notice of their decision and the reasons for that decision.
e
A decision of the licensing authority to suspend or revoke a licence shall not have effect until 21 days after the receipt by the person affected of notice thereof and, in the event of an appeal against the decision, until the end of the period in respect of which the licence was granted or until the determination of the appeal, whichever is the earlier.
f
The Minister on any such appeal, before making his decision, shall, by notice, afford to the person affected an opportunity of making representations within a period of 21 days, and where the issue is as to revocation or suspension of a licence held by a retailer for a specified area or refusal of a grant of a licence by way of renewal of such a licence and the person affected so requests, the Minister shall refer the matter to a tribunal in accordance with the provisions of Schedule 8.
g
On receipt of the tribunal’s report the Minister shall send a copy thereof to the person affected and before making his decision the Minister shall consider the report. The Minister shall give his decision in writing and shall give reasons for his decision.
h
In any such appeal any reference in these Regulations to anything being done to the satisfaction of the licensing authority shall be treated as if the reference were to the satisfaction of the Minister who in determining any such appeal may, if he thinks fit, take into consideration any change of circumstances brought about since the date of the licensing authority’s decision.
i
The decision of the Minister on any such appeal shall be final and the licensing authority shall comply therewith.
3
Where the Minister acting as a licensing authority proposes to revoke or suspend a licence or to refuse to grant such a licence he shall serve on the council or board affected a notice informing them of the proposal and the reasons therefor and shall by notice afford such council or board an opportunity of making representations within a period of 21 days, and where the issue is as to revocation or suspension of a licence held by a retailer for a specified area or refusal of a grant of a licence by way of renewal of such a licence and the council or board affected so requests, the Minister shall refer the matter to a tribunal in accordance with the provisions of Schedule 8.
4
On the receipt of the tribunal’s report the Minister shall send a copy thereof to the council or board affected and before making his decision the Minister shall consider the report. The Minister shall give his decision in writing and shall give reasons for his decision.
5
Where before the end of the period for which a licence was granted the holder of the licence applies for a grant of a licence in renewal thereof and his application is not finally determined before the end of the said period, the existing licence shall, subject to any suspension under these Regulations, remain in force until his application is so determined, and where notice of a proposal to refuse to grant the licence is given by the licensing authority —
a
during the currency of a period when representations may be made against the licensing authority’s proposed decision to suspend or revoke the existing licence;
b
during the currency of an appeal to the Minister against a decision by a licensing authority, other than the Minister, to suspend or revoke the existing licence; or
c
in the case of a retailer for a specified area, after he has requested a reference to a tribunal and before the consideration of that reference by the tribunal; such representations, appeal or reference, as the case may be, shall be deemed to include representations, an appeal or reference in respect of such refusal.
Tribunals
18
Where under this part of these Regulations any issue is referred to a tribunal the constitution and procedure of the tribunal shall conform with the provisions of Schedule 8.
Interpretation of “licence”
19
In this Part of these Regulations the word “licence” means an untreated milk distributor’s licence or a dealer’s licence.
PART VIII
MISCELLANEOUS PROVISIONS INCLUDING REVOCATIONS
Internal trade
20
1
Where milk is brought into England and Wales from Scotland —
a
A Scottish licence (that is to say a licence granted under legislation having effect for the time being in Scotland) authorising the use, in relation to that milk, of a designation corresponding to a special designation prescribed by these Regulations shall have effect as if it had been granted under these Regulations, and
b
so far as any conditions prescribed in these Regulations for a licence authorising the use of that special designation would relate to anything to be done before that milk enters England and Wales, they shall be deemed to be satisfied if the corresponding conditions of that Scottish licence are complied with.
2
Where milk is brought into England and Wales from Northern Ireland —
a
a Northern Irish licence (that is to say a licence granted under legislation having effect for the time being in Northern Ireland) authorising the sale, offer or exposure for sale of that milk under a designation corresponding to a special designation prescribed by these Regulations shall have effect as if it had been granted under these Regulations, and
b
so far as any conditions prescribed in these Regulations for a licence authorising the use of that special designation would relate to anything to be done before that milk enters England and Wales, they shall be deemed to be satisfied if the corresponding conditions attaching to that Northern Irish licence are complied with.
Enforcement
21
1
The provisions of section 45 of the Act (which relate to breaches of certain conditions of licences held by retailers for specified areas) shall, so far as they relate to licences under these Regulations, other than licences authorising the use of a special designation in relation to raw milk by the producer thereof, or authorising the use of a special designation by a local authority, be enforced by the licensing authority.
2
In this regulation, the expression “local authority” means a local authority within the meaning of the Local Government Act 1972 .
3
Every licensing authority shall give such assistance and information to any other licensing authority as that other licensing authority may reasonably require for the purpose of carrying out their duties under these Regulations.
Revocation and savings
22
1
Any licence to use a special designation granted under the Milk (Special Designation) Regulations 1988 and in force immediately before the coming into force of these Regulations shall continue in force and have effect as if it had been granted under and subject to the provisions of these Regulations.
2
The Milk (Special Designation) Regulations 1988 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
18th December 1989
Peter Walker
Secretary of State for Wales
12th December 1989