text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Third Amendment) Order 1988 and shall come into force on 21st March 1988.
Amendment of the Air Navigation Order 1985
2
The Air Navigation Order 1985 (“the principal Order”) shall be amended as follows:
1
Article 62 of the principal Order is hereby amended —
a
by the deletion of the words “the appropriate authority” wherever they occur therein and the substitution of the words “the Civil Aviation Authority”;
b
by the insertion, at the beginning of paragraph (1) thereof, of the words “Subject to paragraph (4) of this article,”; and
c
by the deletion of the existing paragraph (4) thereof and the substitution of the following:
4
The provisions of article 62A of this Order shall have effect, in place of the provisions of this article, in relation to permits to which that article applies.
.
2
The following new article shall be inserted immediately after article 62 of the principal Order as article 62A thereof: —
Revocation, suspension or variation of permissions, etc granted under article 83 or article 84
62A
1
Subject to the provisions of this article, the Secretary of State may revoke, suspend or vary any permit to which this article applies.
2
Save as provided by paragraph (3) of this article, the Secretary of State may exercise his powers under paragraph (1) only after notifying the permit-holder of his intention to do so and after due consideration of the case.
3
If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary for him to do so, he may provisionally suspend or vary a permit to which this article applies without complying with the requirements of paragraph (2) of this article; but he shall, in any such case, comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either —
a
revoke the provisional suspension or variation of the permit; or
b
substitute therefor a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any).
4
The powers vested in the Secretary of State by paragraph (1) or paragraph (3) of this article may be exercised by him whenever, in his judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred on him by a permit to which this article applies or should enjoy them subject to such limitations or qualifications as the Secretary of State may determine. In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if —
a
it appears to him that the person to whom the permit was granted has committed a breach of any condition to which it is subject;
b
it appears to him that any agreement between Her Majesty’s Government in the United Kingdom and the Government of any other country in pursuance of which or in reliance on which the permit was granted is no longer in force or that that other Government has committed a breach thereof;
c
it appears to him that the person to whom the permit was granted, or such other Government as aforesaid (that is to say, a Government which is a party to such an agreement as aforesaid with Her Majesty’s Government in the United Kingdom), or the aeronautical authorities of the country concerned, have acted in a manner which is inconsistent with or prejudicial to the operation in good faith, and according to its object and purpose, of any such agreement as aforesaid, or have engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an Air Transport Licence granted under section 65 of the Civil Aviation Act 1982 in his operation of air services to or from points in the country concerned;
d
it appears to him that the person to whom the permit was granted, having been granted it as a person designated by the Government of a country other than the United Kingdom for the purposes of any such agreement as aforesaid, is no longer so designated or that that person has so conducted himself, or that such circumstances have arisen in relation to him, as to make it necessary or expedient to disregard or qualify the consequences of his being so designated.
5
The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this article shall surrender it to the Secretary of State within a reasonable time of being required by him to do so.
6
The breach of any condition subject to which any permit to which this article applies has been granted shall render the permit invalid during the continuance of the breach.
7
The permits to which this article applies are permissions granted by the Secretary of State under article 83 or article 84 of this Order and any approvals or authorisations of, or consents to, any matter which the Secretary of State has granted, or is deemed to have granted, in pursuance of a permission which he has so granted.
8
References in this article to the permit-holder are references to the person to whom any permit to which this article applies has been granted or is deemed to have been granted.
.
3
The present article 83 of the principal Order shall be renumbered as paragraph (1) of that article and the following new paragraph shall be added as paragraph (2):
2
Without prejudice to the provisions of article 62A of this Order or of paragraph (1) of this article, any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.
.
4
The present article 84 of the principal Order shall be renumbered as paragraph (1) of that article and the following new paragraph shall be added as paragraph (2):
2
Without prejudice to the provisions of article 62A of this Order or of paragraph (1) of this article, any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.
5
The references to articles 83 and 84 of the principal Order which appear in Schedule 13 to that Order shall be transferred from Part A of that Schedule to the appropriate places in Part B.
Application of the new article 62A
3
The provisions of article 62A of the principal Order, as inserted by article 2, shall have effect, as from the commencement of this Order, as well in relation to permits, being permits to which that article applies, granted before the commencement of this Order as in relation to those granted thereafter.
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
1
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beyond 31st August 1988 that day being the day on which they would otherwise expire.
2
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1988.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1988.
2
These Regulations shall come into force on 1st September 1988 and shall have effect as from 27th February 1986.
2
1
The Police Pensions Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation A10(2) ( aggregate pension contributions ) there shall be inserted at the end the following provision:
h
any payment made by the person concerned to a police authority under regulation F1(1A) in respect of a period of unpaid maternity leave.
.
3
In regulation F1(1) ( reckoning of pensionable service ), for the proviso there shall be substituted the following provision: —
Provided that there shall not be reckonable by a regular policeman —
a
any period of unpaid maternity leave granted in the case of a woman —
i
which ended before 27th February 1986, or
ii
in respect of which the conditions specified in paragraph (1A) are not satisfied;
b
any period of unpaid leave, other than maternity leave, falling on or after 27th February 1986 except such a period granted in the case of a person who ceased to serve as a regular policeman before 1st September 1988.
.
4
After regulation F1(1) there shall be inserted the following paragraph: —
1A
The conditions referred to in sub-paragraph (a)(ii) of the proviso to paragraph (1) are that the person concerned —
a
serves as a regular policeman throughout a period of 6 months commencing with the date of return to duty at the end of a period of maternity leave which includes the period of unpaid maternity leave in question, and
b
within 6 months of that date or 1st September 1988, whichever is the later, pays to the police authority a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid maternity leave in question had it not been granted.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
27th June 1988
We consent,
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1988


text:
1
This Order may be cited as the Income Tax (Reduced and Composite Rate) Order 1988 and shall come into force on 6th April 1989.
2
The Treasury hereby determine that the rate which, under the provisions of the said section 483, shall for the year 1989 — 90 be the reduced rate (for building societies) and the composite rate (for deposit-takers) shall be 21.75 per cent.
David Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1988


text:
1
This Order may be cited as the Local Government Act 1985 (Police and Fire and Civil Defence Authorites) Precepts Limitation Order 1988 and shall come into force on 14th February 1988.
2
There is hereby prescribed, under section 1 of the Rates Act 1984, as applied by section 68(4) of the Local Government Act 1985, as the maximum amount in the pound for the precept issued for the financial year beginning on 1st April 1988 by an authority listed in the Schedule to this Order, the amount there set against the name of the authority.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of StateZ
Home Office
9th February 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Severn-Trent Water Authority (Woodfarm Camp Main) Order 1988 and shall come into force on the 3rd February 1988.
2
This Order and the Severn-Trent Water Authority Orders 1974 to 1987 may be cited together as the Severn-Trent Water Authority Orders 1974 to 1988.
3
In this Order —
“the Authority” means the Severn-Trent 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 Severn-Trent Water Authority (Woodfarm Camp Main) Order 1988”, one duplicate of which is deposited and is available for inspection at the principal offices of the Authority and the other at the offices of the Secretary of State for the Environment;
“the Woodfarm Camp Main” means the main water pipe with its associated works and fittings the approximate position of which is shown by lines coloured blue on the deposited plan;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to acquire waterworks
2
1
The Authority may acquire by agreement and thereafter may continue and maintain the Woodfarm Camp Main.
2
The Woodfarm Camp Main when acquired by the Authority in pursuance of this order shall for all purposes form part of the undertaking and shall be deemed to have been laid by the Authority.
3
For the purposes of this Order, section 94 of the Third Schedule to the Water Act 1945 (copies of special Act to be kept by undertakers in their office, and deposited with certain officers) shall apply to the undertaking and is hereby incorporated with this Order, subject to the modification that in subsection (1) for the words from“with the clerk of the council” to the end of the subsection there shall be substituted the words“with the council of every county and district affected by the special Act”.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Enviroment
2nd February 1988


text:
1
This Order may be cited as the Merchant Shipping (Prevention of Oil Pollution) (Hong Kong) (Amendment) Order 1988 and shall come into force on 24th November 1988.
2
Schedule 2 to the Merchant Shipping (Prevention of Oil Pollution) (Hong Kong) Order 1984 (extending to Hong Kong, with modifications, Articles 3(1) and 6 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983 ) is amended by inserting in Article 3(1) as extended, after the word“Protocol”, the words“and amendments to the Annex to the Protocol adopted by the Marine Environment Protection Committee of the International Maritime Organization at its 20th Session by resolution MEPC 14(20)”.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Training Commission (Incidental and Transitional Provisions) Order 1988 and shall come into force on 1st December 1988.
Interpretation
2
In this Order,
“the Commission” means the Training Commission, and
“the revoked functions” means the powers and duties which by virtue of the said revocation, which is set out in the Schedule to this Order, have ceased to apply to the Commission and any activities carried on at any time by the Commission pursuant to those powers and duties.
Transfer of property etc. to the Secretary of State
3
There shall be transferred to the Secretary of State all property (other than land or any interest in land) held by the Commission on the commencement of this Order in connection with the carrying out by the Commission of any of the revoked functions.
4
There shall be transferred to the Secretary of State all rights and liabilities to which the Commission is entitled or subject (other than any to which it is entitled or subject in connection with an interest in land): —
a
in connection with any property transferred by virtue of Article 3; or
b
in connection with the carrying out by the Commission of any of the revoked functions.
5
Anything done or in the process of being done by or in relation to the Commission for the purposes of or in connection with the revoked functions shall from the commencement of this Order be treated as having been done by or in relation to the Secretary of State or, as the case may be, shall be continued by or in relation to the Secretary of State; and without prejudice to the foregoing provisions of this Article: —
a
any legal proceedings by or in relation to the Commission for the purposes of or in connection with the revoked functions may be continued by or in relation to the Secretary of State;
b
every contract or other agreement whether written or not (other than one relating to land or any interest in land) to which the Commission is a party for the purposes of or in connection with the revoked functions shall have effect, in respect of any time falling after the commencement of this Order, as if the Secretary of State were a party thereto in place of the Commission and as if for each reference therein to the Commission there were substituted a reference to the Secretary of State;
c
every deed, bond, instrument and document relating to property, rights or liabilities of the Commission which by this Order are transferred to the Secretary of State shall have effect, in respect of any time falling after such commencement, as if, where the Commission is a party thereto, the Secretary of State were substituted as that party and as if for each reference therein to the Commission there were substituted a reference to the Secretary of State; and
d
every contract or other agreement and every deed, bond, instrument and document mentioned in paragraph (b) or (c) respectively of this Article shall be subject to the following additional modifications, so far as they are applicable —
i
as if for a reference (however worded and whether express or implied) to the chairman or deputy chairman or the members or any member of the Commission there were substituted, in respect of anything done or falling to be done or occurring after such commencement, a reference to such officer or officers as the Secretary of State shall appoint for the purpose; and
ii
as if for a reference to the office or place of business of the Commission there were substituted, in respect of any time falling after such commencement, a reference to the office or place of business of the Secretary of State.
Signed by order of the Secretary of State.
John Cope
Minister of State,
Department of Employment
27th October 1988


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Whitlaw and Eildon) Designation Order 1988 and shall come into force on 14th April 1988.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“conservation plan” means a layout plan of the farm and an attached statement identifying relevant land and conservation features and setting out, as appropriate, details of how the requirements in the agreement will be implemented on the farm;
“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State;
“rough grazings” means heathland or moorland used for grazing purposes;
“unimproved pasture” means land used for grazing which has not been tilled for cropping or reseeded and which has not previously been treated with a significant amount of artificial or mineral fertiliser or lime;
“wetland” means any ground which is normally saturated with water.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area that area of land within the Ettrick and Lauderdale District of Borders Region known as Whitlaw and Eildon and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area– Whitlaw and Eildon” dated 2nd March 1988 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be at the rate of £20 per annum for each hectare of land to which the agreement relates, or at the rate of £1,500 per annum per individual farm business, whichever is the lower.
2
Payments in respect of farm businesses comprising no more than 12 hectares of land to which an agreement relates shall be at the rate of £240 per annum per farm business.
7
Where an agreement identifies expenditure required to undertake additional farming operations specified in paragraph 15(2) of the Schedule to this Order, the Secretary of State shall make additional payments according to the farming operations to be carried out. Such payments shall be either at a rate to be determined by the Secretary of State, up to a maximum of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £3,000 per annum per individual farm business, whichever is the lower.
Sanderson of Bowden
Minister of State, Scottish Office
New St Andrew’s House,
Edinburgh
2nd March 1988
We consent,
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1988


text:
Citation and commencement
1
This Order may be cited as the London Regional Transport Levy (General Rate Act 1967) (Modification) Order 1988 and shall come into force on the 6th January 1989.
Modification of the General Rate Act 1967
2
The provisions of the General Rate Act 1967 (“the Act of 1967”) and rules having effect thereunder, as applied by section 14 of the London Regional Transport Act 1984 (“the Act of 1984”), which by virtue of the provision made at the end of Part III of Schedule 13 to the Act of 1988 continue in force in relation to levies under section 13 of the Act of 1984 made before the date specified in section 127(1) of the Act of 1988 for the abolition of the power to make such levies, shall have effect after that date in relation to any levy made before that date subject to the following modifications —
i
Any balance payable to the Secretary of State under section 12(7)(a) of the Act of 1967 as so applied in relation to a levy in respect of the year ending on the date specified in the said section 127(1) or in respect of earlier years shall be paid to the Secretary of State not later than 31st March 1991.
ii
The Secretary of State shall pay to a rating authority not later than 31st March 1991 an amount equal to any balance which he would, but for the said section 127(1), be required by section 12(7)(b) of the Act of 1967 as so applied to have set off against a levy made on that authority in respect of the year following the date specified in the said section 127(1).
Signed by authority of the Secretary of State
Michael Portillo
Minister of State
Department of Transport
8th December 1988


text:
1
This Order may be cited as the Service Charge (Estimates and Consultation) Order 1988 and shall come into force on 1st September 1988.
2
Except in a case where relevant costs have been incurred before this Order comes into force —
a
the amount prescribed for the purposes of section 20(3)(a) of the Landlord and Tenant Act 1985 is £50, and
b
the amount prescribed for the purposes of section 20(3)(b) of that Act is £1,000.
Nicholas Ridley
Secretary of State for the Environment
25th July 1988
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
25th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the Control of Pollution (Special Waste) (Amendment) Regulations 1988 and shall come into force on 14th November 1988.
Amendment of the Transfrontier Shipment of Hazardous Waste Regulations 1988
2
Regulation 30 of the Transfrontier Shipment of Hazardous Waste Regulations 1988 is hereby revoked.
Amendment of the Control of Pollution (Special Waste) Regulations 1980
3
For regulation 7 of the Control of Pollution (Special Waste) Regulations 1980 there shall be substituted the following —
7
1
Subject to paragraph (2) —
a
these Regulations shall apply to a person who imports special waste into Great Britain as they apply to a producer and as if the waste were produced at the place where it first enters Great Britain; and
b
regulation 6 shall apply to a person who exports special waste from Great Britain as it applies to a disposer.
2
These Regulations, except for regulations 14, 15 and 16, shall not apply to consignments of hazardous waste within the meaning of the Transfrontier Shipment of Hazardous Waste Regulations 1988.
Nicholas Ridley
Secretary of State for the Environment
17th October 1988
Peter Walker
Secretary of State for Wales
17th October 1988
Malcolm Rifkind
Secretary of State for Scotland
18th October 1988


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Hormone Growth Promoters) (Prohibition of Use) Regulations 1988 and shall come into force on 13th April 1988.
Interpretation
2
In these Regulations —
“animals” means domestic animals of the bovine species, swine, sheep, goats, solipeds and poultry, and wild animals of these species and wild ruminants which have been raised on a holding;
“hormone growth promoters” means any substance which has an oestrogenic, androgenic or gestagenic action;
“injection” does not include implantation;
“therapeutic treatment” means the treatment of a fertility problem diagnosed by a veterinary surgeon or veterinary practitioner in an animal not intended for fattening;
“veterinary practitioner” means a person registered in the supplementary veterinary register; and
“veterinary surgeon” means a person registered in the register of veterinary surgeons.
Prohibition of administration to animals of hormone growth promoters
3
1
Subject to paragraph (2) below, no person shall administer, or knowingly cause or permit to be administered, to animals, by any means whatsoever, any hormone growth promoters.
2
The prohibition in paragraph (1) above does not apply to the administration —
a
by a veterinary surgeon or veterinary practitioner —
i
for therapeutic treatment in the form of an injection of oestradiol-17-;β, progesterone or testosterone or those derivatives of these substances which readily yield the parent compound on hydrolysis after absorption at the site of application; or
ii
for the termination of unwanted gestation or the improvement of fertility; or
b
by, or under the direct responsibility of, a veterinary surgeon or veterinary practitioner for the synchronisation of oestrus or the preparation of donors or recipients for the implantation of embryos.
Offences
4
A person who without reasonable excuse contravenes regulation 3 of these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding £,000 or on conviction on indictment to a fine.
Defence available to person charged with an offence
5
In any proceedings for an offence under these Regulations, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
Supplementary
6
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in such capacity he as well as the body coporate shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
2
When the affairs of a body corporate are managed by its members the provisions of paragraph (1) above shall apply in relation to the acts and default of a member in connection with his functions of management as if he were a director of the body corporate.
Revocation
7
The Medicines (Hormone Growth Promoters) (Prohibition of Use) Regulations 1986 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th March 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
John Moore
One of Her Majesty’s Principal Secretaries of State
8th April 1988


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No.3) Order 1988.
2
1
Subject to paragraph (2) below, the provisions of the Criminal Justice Act 1988 referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 1st November 1988.
2
Nothing in this Order shall bring into force any provision of the Criminal Justice Act 1988 in its application to England and Wales and, accordingly, this Order does not extend to England and Wales.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
17th October 1988


text:
1
These Regulations may be cited as the Education (Training Grants) (Amendment) Regulations 1988 and shall come into force on the 1st April 1988.
2
In these Regulations a reference to the principal Regulations is a reference to the Education (Training Grants) Regulations 1987 .
3
In regulation 10 of the principal Regulations —
a
for paragraph (2) there shall be substituted the following paragraph —
2
Claims for the payment of grant shall relate to such period and contain such particulars as the Secretary of State may determine.
;
b
paragraph (3) shall be deleted;
c
in paragraph (4) there shall be substituted for the words “quarter commencing on 1st April” the words “three months following that date”;
d
in paragraph (5) there shall be substituted for the words “expenditure by an authority incurred in the quarter beginning on the 1st October in any year or any subsequent quarter” the words “a claim made by an authority on or after the 1st October of any year”; and
e
paragraph (7) shall be deleted.
4
In regulation 12 of the principal Regulations —
a
in paragraph (2) there shall be substituted for the words “have been fulfilled” the words “have either been fulfilled or been withdrawn in pursuance of paragraph (4).”;
b
after paragraph (3) there shall be added the following paragraph —
4
The Secretary of State may determine to withdraw or, after consulting the authority, vary conditions determined in pursuance of this regulation.
.
Angela Rumbold
Minister of State,
Department of Education and Science
29th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Profit-Related Pay (Shortfall Recovery) Regulations 1988 and shall come into force on 19th April 1988.
Interpretation
2
In these Regulations“the Principal Regulations ” means the Income Tax (Employments) Regulations 1973 .
Information
3
Where the registration of a profit-related pay scheme registered under Chapter I of Part I of the Finance ( No. 2) Act 1987 is cancelled, the scheme employer shall, within 60 days of being required by the Board to do so, make a return to the Board in the prescribed form showing whether there is any shortfall in the deductions made in accordance with the Principal Regulations (an amount equal to which is payable by the scheme employer to the Board pursuant to section 11(2) of the Finance (No. 2) Act 1987) and, if so, the total of it, and the sums attributable to each year where more than one.
Recovery
4
Any such amount shall be payable by the scheme employer to the Board within 60 days of his being required by the Board to make a return in accordance with regulation 3 and, subject to these Regulations, shall be recoverable from the scheme employer as if it were an amount of tax which the scheme employer was liable under regulation 26 of the Principal Regulations to pay to the Collector.
Evidence
5
1
Where the scheme employer has shown in a return to the Board that there is a shortfall, and an amount equal to such shortfall has not been paid or not fully paid within the period provided by regulation 4, an officer of the Board may certify the amount due to the Collector, and such certificate shall be sufficient evidence that the scheme employer is liable to pay to the Collector the amount shown in the certificate; and any document purporting to be such a certificate as aforesaid shall be deemed to be such a certificate until the contrary is proved.
2
A certificate of a Collector that any amount so due has not been paid to him or, to the best of his knowledge and belief, to any other Collector or to any person acting on his behalf or on behalf of another Collector, shall be sufficient evidence that the amount mentioned in the certificate is unpaid; and any document purporting to be such a certificate as aforesaid shall be deemed to be such a certificate until the contrary is proved.
Determinations
6
1
Where it appears to the Board that there is an amount equal to a shortfall payable to the Board and that it has not been paid or fully paid, the Board may determine to the best of their judgment the amount so unpaid; and such determination shall be subject to the provisions of Parts IV, V and VI of the Taxes Management Act 1970 as if it were an assessment and as if the amount determined were income tax charged on the scheme employer, and those Parts of that Act shall, subject to these Regulations, apply accordingly with any necessary modifications.
2
An appeal against such a determination may be brought before either —
a
the General Commissioners for the division where the trade, profession or vocation of the scheme employer is carried on or in which the head office or principal place of business of the scheme employer is situated, or
b
the Special Commissioners.
Death of a scheme employer
7
If a scheme employer dies, anything which he would have been liable to do under these Regulations shall be done by his personal representatives.
Adjustment to employee’s total net tax for the year
8
In paragraph (3) of regulation 49 of the Principal Regulations —
a
after sub-paragraph (a) there shall be inserted —
aa
Any shortfall in deductions made in accordance with these Regulations from the employee, where —
i
payments of profit-related pay have been made to the employee in accordance with a profit-related pay scheme registered under Chapter I of Part I of the Finance (No. 2) Act 1987,
ii
in consequence of the relief given by that Chapter less tax has been deducted from those payments than would have been deducted if the scheme had not been registered, and
iii
the registration of the scheme has subsequently been cancelled with effect from a time before that relevant for the purposes of the relief;
; and
b
for the words“an adjustment under sub-paragraph ( a ) of this paragraph” there shall be substituted — “an adjustment under sub-paragraph ( a ) or sub-paragraph ( aa ) of this paragraph”.
T. J. Painter
A. B. Fallows
Two of the Commissioners of Inland Revenue
29th March 1988


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 —
a
a special road along the route described in Schedule 1 to this Scheme (this special road being in this scheme referred to as “the motorway”), and
b
special roads along the routes described in Schedule 2 to this Scheme for the purposes of connecting the motorway with other highways at the places stated in that schedule (these special roads being in this scheme referred to as “the connecting roads”).
2
The centre lines of the special roads are indicated by heavy black lines on the deposited plan.
3
In this Scheme: —
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” means the plan numbered HA 16/1 CNW 210 marked “The M66 Motorway (Middleton to the Lancashire/Yorkshire Motorway (M62) Section) and Connecting Roads Scheme 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the special roads” means the motorway and the connecting roads
4
This Scheme shall come into force on 27th October 1988, and may be cited as the M66 Motorway (Middleton to the Lancashire/Yorkshire Motorway (M62) Section) and Connecting Roads Scheme 1988.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
20th September 1988


text:
Title and commencement
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Food) Regulations 1988 and shall come into force on the day after the day on which they are made, except for regulation 3(b) and Schedule 2, which shall come into force on 31st December 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“food” includes cereals intended for human consumption listed in Schedules 1 and 2;
“maximum residue level” in the case of any food, in relation to any pesticide used in connection therewith, means the figure obtained at the point in Schedule 1 or 2 where a line drawn vertically from the reference to that pesticide intersects with a line drawn horizontally from the reference to that food;
“pesticide” means a pesticide specified in Schedule 1, 2 or 3;
“residue” in relation to any pesticide means one or more of the substances specified in an entry in column 2 of Schedule 3 alongside the entry of that pesticide in column 1 of that Schedule.
2
Any reference in a Schedule to a food, figure or pesticide includes any qualifying words relating to that food, figure or pesticide in that Schedule.
3
Any reference in these Regulations to a Schedule shall be construed as a reference to a Schedule to these Regulations.
Maximum residue levels
3
No person may leave or cause to be left —
a
in any food specified in Schedule 1,
b
in any food specified in Schedule 2,
a level of residue exceeding any maximum residue level applicable to such food specified in that Schedule.
Seizure or disposal of food
4
If any food has in it a residue level in excess of any maximum residue level relating to that food, either of the Ministers shall have power —
a
to seize or dispose of the consignment containing that food or any part of it, or to require that some other person shall dispose of it, or
b
to direct some other person to take such remedial action as appears to the Minister to be necessary.
Sampling
5
The level of residue in a food shall be determined as far as practicable in accordance with the procedures laid down in Parts 5 and 6 of the Guide to Codex Recommendations Concerning Pesticide Residues .
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
28th July 1988
Peter Walker
Secretary of State for Wales
1st August 1988
Edwina Currie
Parliamentary Under-Secretary of State,
Department of Health
1st August 1988


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Unitary Development Plans) Regulations 1988 and shall come into force on 29th February 1988.
Interpretation
2
In these Regulations, —
“by advertisement” means by publication in the London Gazette and by local advertisement;
“by local advertisement” means by an advertisement published on at least one occasion in two successive weeks in a local newspaper circulating in the area of the local planning authority;
“Schedule 1” means Schedule 1 to the Local Government Act 1985; and
references to a numbered form are references to the form so numbered in the Schedule hereto.
Application
3
These regulations apply —
a
as respects the making of unitary development plans by local planning authorities for London boroughs and metropolitan districts;
b
in accordance with regulation 22, as respects the making of such plans by such authorities jointly;
c
in accordance with regulation 23, as respects the alteration or replacement of such plans; and
d
as respects the approval by the Secretary of State of such plans or their alteration or replacement and, in accordance with regulation 25, as respects the making, alteration or replacement of such plans by him.
Prescribed period for making representations
4
The period prescribed pursuant to paragraph 3(1) of Schedule 1 as the period for making representations about the matters proposed to be included in a unitary development plan is a period of six weeks beginning with such later date as the local planning authority specify when first giving publicity to those matters.
Action Areas: prescribed period
5
The period prescribed pursuant to paragraph 2(6) of Schedule 1 (period for the commencement of comprehensive treatment of an action area) is a period of 10 years beginning with the date on which the relevant plan is first made available for inspection in accordance with paragraph 3(2) of Schedule 1.
Unitary development plans: title
6
1
A unitary development plan shall be given a title which comprises the name of the area of the local planning authority followed by the words “unitary development plan”.
2
The title of the plan shall be set out on all documents forming part of, or annexed to, a unitary development plan.
Maps
7
1
Subject to paragraph (2) below, the map required by paragraph 2(2)(b)(ii) of Schedule 1 to be included in Part II of a unitary development plan (“the proposals map”) shall be a map of the authority’s area reproduced from, or based upon, an Ordnance Survey map and shall show National Grid lines and reference numbers.
2
Proposals for any part of the authority’s area may be shown on a separate map (an “inset map”) to a larger scale.
3
Where an inset map is included in a plan, the area covered by that map shall be delineated on the proposals map and the proposals for that area shown only on the inset map.
4
All maps forming part of a unitary development plan shall bear an indication of their scale and all maps and diagrams forming part of such a plan or made available for inspection in connection with such a plan to indicate or explain the proposals in the plan shall carry an explanation of any symbols or notation used in them.
Explanations of policy
8
The reasoned justification of the general policies in Part I and of the proposals in Part II of a unitary development plan shall itself include —
a
a statement of the regard which the authority have had in formulating the general policies in Part I to —
i
any strategic guidance which the Secretary of State has given the authority to assist them in preparing the plan;
ii
current national and regional policies;
iii
the resources likely to be available to carry out the general policies set out in the plan;
iv
social considerations;
v
any policies and proposals of an urban development corporation which may, or may be expected to, affect their area; and
b
a statement of the account which the authority have taken of any enterprise zone scheme in their area.
Proposed plan open to inspection: notice
9
A local planning authority making a proposed unitary development plan available for inspection in accordance with paragraph 3(2) of Schedule 1 shall —
a
make available for inspection with the plan a copy of the statement mentioned in paragraph 3(3) of Schedule 1; and
b
give notice by advertisement in Form 1.
Objections
10
1
The period afforded for making objections to a unitary development plan shall be six weeks beginning with the date on which a notice given pursuant to regulation 9 (or, in the case of modifications, regulation 12 or 19) is first published in a local newspaper.
2
Objections shall be made in writing and addressed to the relevant local planning authority at their principal office.
Notice of withdrawal of a proposed plan
11
1
A local planning authority withdrawing a unitary development plan before it is adopted by them or approved by the Secretary of State (whether doing so pursuant to a direction given by him or otherwise) shall give notice by advertisement in Form 2.
2
The notice required by paragraph 3(5) or 4(2) of Schedule 1 to be served on persons who have objected to a plan which is being withdrawn shall be in substantially the same form as the notice required to be given by paragraph (1) above.
3
A copy of a notice withdrawing a unitary development plan shall be sent to the Secretary of State.
Modification of a proposed plan by the local planning authority
12
A local planning authority intending to modify a proposed unitary development plan (whether to comply with a direction given by the Secretary of State under paragraph 6A of Schedule 1 or on their own initiative) shall, unless they are satisfied that the modifications they intend to make will not materially affect the content of the plan, —
a
prepare a list of the modifications with their reasons for proposing them;
b
publish a notice by local advertisement in Form 3; and
c
serve a notice in similar form on any person who has duly objected to the plan and not withdrawn his objection and on any other person whom they consider should be given notice.
Notice of a local inquiry or other hearing
13
A local planning authority shall at least six weeks before the opening of any local inquiry or other hearing which they cause to be held to consider objections to a proposed unitary development plan or to proposed modifications to such a plan —
a
give any person who has duly objected to the plan or proposed modifications and not withdrawn his objection and such other persons as they consider should be so advised, notice of the time and place at which the inquiry or other hearing is to be held and of its purpose; and
b
in the case of an inquiry, give notice by local advertisement of the matters mentioned in head (a).
Local inquiry to be held in public
14
A local inquiry held to consider objections to a proposed unitary development plan or to proposed modifications to such a plan shall be held in public.
Consideration of the report of a local inquiry or other hearing
15
1
Where a local planning authority cause a local inquiry or other hearing to be held for a purpose mentioned in regulation 13, the authority shall after considering the report of the person appointed to hold the inquiry or hearing prepare a statement of —
a
the decisions they have reached in the light of the report and any recommendations as to the action to be taken (or not to be taken) contained in the report; and
b
of the reasons for those decisions.
2
The local planning authority shall make a copy of any such report and statement of decisions and reasons available for inspection from the date on which notice is first given under regulation 17(1) or, where a list of proposed modifications or further proposed modifications to the plan is made available for inspection after the statement has been prepared, from the date on which that list is so made available.
Consideration of objections without an inquiry or other hearing
16
1
If objections have been duly made to a proposed unitary development plan and not withdrawn, but no local inquiry or other hearing is held because the persons making those objections have indicated in writing that they do not wish to appear, the local planning authority shall prepare a statement of their decisions as respects all the objections and their reason for each decision.
2
Regulation 15(2) shall apply to a statement prepared pursuant to paragraph (1) of this regulation as it applies to a statement prepared pursuant to regulation 15(1).
Action prior to adopting a unitary development plan
17
1
Where a local planning authority are disposed to adopt a unitary development plan, they shall before doing so —
a
publish a notice by local advertisement in Form 4;
b
serve a notice in similar form on any person who has duly objected to the plan or to any proposed modifications thereto and not withdrawn his objection and on any other person whom they consider should be given notice; and
c
where the Secretary of State has given a direction to the authority under paragraph 6A(1) of Schedule 1 to consider modifying the plan, make available for public inspection —
i
a copy of the direction;
ii
particulars of any modifications made to comply with the direction and of the manner in which and extent to which they do so;
iii
where modifications have not been made, a statement of the reasons for not doing so; and
iv
a copy of any notification by the Secretary of State that he is satisfied with the modifications made or that the direction is withdrawn.
2
The local planning authority shall after complying with paragraph (1) send the Secretary of State —
a
a certificate that they have so complied;
b
particulars of any modifications that have been made to the plan otherwise than in consequence of the giving by him of a direction.
3
Without prejudice to paragraphs 5(3) and 6A(2) of Schedule 1 and paragraph (4) of this regulation, a local planning authority shall not adopt a unitary development plan until at least 28 days after complying with paragraph (2).
4
If before the local planning authority have adopted a unitary development plan, the Secretary of State directs them not to adopt it until he has decided whether to give them a direction under paragraph 7(1) of Schedule 1 in relation to the plan, they shall not adopt the plan until he has notified them of his decision.
5
Where, after the local planning authority have complied with paragraph (1), the Secretary of State gives the authority a direction under paragraph 6A(1) of Schedule 1, the authority shall again comply with paragraphs (1) and (2) above before adopting the plan.
Notice of adoption of a unitary development plan
18
1
When a local planning authority adopt a unitary development plan they shall give notice by advertisement in Form 5 and shall serve a notice in similar form on any person who has duly requested to be notified of the decision reached about the plan and such other persons as they consider appropriate; and a copy of the notice given by advertisement and of the plan adopted and of a statement of the effect of section 244(1) and (2) of the Town and Country Planning Act 1971 in its application to unitary development plans shall be made available for inspection at all reasonable hours at their office and such other places as they consider appropriate.
2
The local planning authority shall, not later than the date on which notice is first given by advertisement in accordance with paragraph (1), send two copies of the adopted plan to the Secretary of State.
Modification of a proposed plan by the Secretary of State
19
Where the Secretary of State is minded to approve with modifications a unitary development plan (or part of a plan) submitted to him in accordance with paragraph 7(1) of Schedule 1, he shall send a list of the modifications to the local planning authority and the authority shall upon receipt of the list —
a
publish a notice by local advertisement in Form 6; and
b
serve a notice in similar form on any person who has duly objected to the plan and not withdrawn his objection and on any other person on whom the Secretary of State directs them to serve such a notice:
Provided that nothing in this regulation shall require a local planning authority to take any action as respects any modification if the Secretary of State has informed the authority that in his opinion the modification in question does not materially affect the content of the plan.
Notice of an examination, inquiry or other hearing on behalf of the Secretary of State
20
1
Where the Secretary of State causes a local inquiry or other hearing to be held for the purpose of considering objections to a unitary development plan or part of a plan submitted to him under paragraph 7 of Schedule 1, or to modifications which he proposes to make to such a plan, he shall give such notice as the local authority would be required to give by regulation 13 if they were proposing to hold an inquiry or other hearing.
2
Paragraph (1) applies where the Secretary of State causes an examination in public to be held under paragraph 9(4) of Schedule 1 as if that examination were a local inquiry.
Notification of a decision by the Secretary of State
21
The local planning authority shall on being notified by the Secretary of State whether he has approved or rejected in accordance with paragraph 8 of Schedule 1 the whole, or any part, of a unitary development plan submitted to him for his approval, give notice by advertisement in Form 7 of the Secretary of State’s decision; and shall serve a notice in similar terms on anyone who, in response to an invitation in a notice given or served in accordance with these regulations, has asked to be informed of the decision reached about the plan and on any other person on whom the Secretary of State directs that such a notice shall be served.
Joint plans
22
In relation to joint plans prepared pursuant to paragraph 12 of Schedule 1, —
i
regulation 4 shall have effect as if it referred to paragraph 12(2) (and not paragraph 3(1)) of Schedule 1 and to the relevant authorities;
ii
regulation 26 shall have effect as if it referred to paragraph 12(2)(a) (and not paragraph 3(1)(a)); and
iii
these Regulations shall otherwise apply subject to any necessary modifications.
Alteration or replacement
23
1
These Regulations apply in relation to the alteration or replacement of a unitary development plan as they apply in relation to the making of such a plan: but subject to paragraphs (2) to (6) below and to any necessary modifications.
2
Where the short procedure set out in paragraph 10A of Schedule 1 is employed, the reasoned justification for the alteration or replacement of the existing plan shall include a statement of the reasons for employing that procedure.
3
The period prescribed pursuant to paragraph 10A(4) for making representations about proposals is a period of six weeks beginning from the date when the authority first give notice in accordance with paragraph (4) below.
4
A local planning authority making documents available for inspection in accordance with paragraph 10A(2) shall give notice by advertisement in Form 8.
5
Regulation 10(1) shall apply in a case where the short procedure is employed as if it referred to paragraph (4) above (and not regulation 9).
6
Notification of withdrawal pursuant to paragraph 10A(7)(b) shall be substantially in Form 2.
Availability of documents for inspection
24
Documents made available for inspection pursuant to Schedule 1 or to these Regulations shall be so available at the place and times specified by the authority when giving notice by advertisement of their availability for inspection: and, unless the plan is withdrawn, shall remain so available until the expiration of six weeks from the date of publication of the notice of adoption, approval or rejection of the plan.
Making of unitary development plans by the Secretary of State
25
1
Subject to paragraph (2), the preceding Regulations apply, so far as practicable and with any necessary modifications, to the making, alteration or replacement of a unitary development plan by the Secretary of State as they apply to the making, alteration or replacement of such a plan by the local planning authority.
2
Except when the Secretary of State otherwise directs, any notice or notification required to be given in connection with the making, alteration or replacement of a unitary development plan by him shall be given by the local planning authority.
Availability of copy documents
26
A local planning authority preparing a unitary development plan shall on request and on payment of a reasonable fee provide a copy of any plan or other document made public or available for inspection pursuant to paragraphs 3(1)(a) or (2) of Schedule 1.
Printing of unitary development plans
27
1
As soon as practicable after a unitary development plan becomes operative, the local planning authority shall secure that printed copies of the plan, as adopted or approved, are available for inspection and, on payment of a reasonable charge, for purchase.
2
Paragraph (1) does not apply to any alteration to a unitary development plan unless the Secretary of State otherwise directs: but any reprint of a plan shall incorporate all subsisting alterations.
Nicholas Ridley
Secretary of State for the Environment
1st February 1988


text:
1
1
This Order may be cited as the Antarctic Treaty (Agreed Measures) Order 1988.
2
This Order shall come into force on 22nd April 1988.
2
Article VIII of the Agreed Measures, set out in Schedule 2 to the Antarctic Treaty Act 1967, is amended by replacing the full stop at the end of paragraph 2(b) with a semicolon, and adding a new subparagraph as follows:
c
entry by their nationals, except in accordance with a permit issued under Article VI or under paragraph 2(a) of the present Article or in accordance with a permit issued for some other compelling scientific purpose.
3
Annex C to the Agreed Measures, set out in Schedule 2 to the Antarctic Treaty Act 1967, is amended by inserting in subparagraph (c), after the word “plants”, the words “including viruses, bacteria, yeasts and fungi”.
G.I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) Regulations 1988 and shall come into force on 1st September 1988.
Interpretation
2
In these Regulations —
“course of initial teacher training” means a course for the initial training of teachers in schools which has been approved by the Secretary of State under paragraph 2(a) or 2(b)(i) of Schedule 5 to the Education (Teachers) Regulations 1982 ;
“grant-maintained” means maintained by the Secretary of State in pursuance of section 52 of the Education Reform Act 1988 ;
“holder” means a person in receipt of a training bursary;
“middle school” means a school in respect of which proposals have been implemented, being proposals such as are mentioned in section 1(1) of the Education Act 1964 ;
“qualified teacher” means a person who, in pursuance of the Regulations relating to the employment of teachers made under section 27 of the Education Act 1980 , is qualified to be employed as a teacher at a school to which that section applies;
“training bursary” means a grant made in pursuance of these Regulations.
Grants by the Secretary of State
3
The Secretary of State is hereby authorised, subject to and in accordance with these Regulations, to pay grants (hereinafter referred to as “training bursaries”) to persons undergoing training as teachers.
Eligibility for Training Bursaries
4
1
A training bursary shall not be paid to a person who has previously completed a course of initial teacher training, or to a person who is under a contract of employment with a local education authority.
2
A training bursary shall not be paid to a person unless —
a
he has been accepted for admission to a course which satisfies the criteria set out in (b), (c) and (d) of regulation 5; and
b
he satisfies the Secretary of State that he intends, on becoming a qualified teacher, to seek appointment in a secondary or middle school in England or Wales which is either maintained by a local education authority or grant-maintained.
Courses for which Training Bursaries are tenable
5
A training bursary shall neither be paid to a person nor be tenable by him except in respect of a course of initial teacher training which —
a
is provided by an establishment in England or Wales named by the Secretary of State when granting the training bursary;
b
begins on or after the 1st September 1986;
c
is designed to prepare persons to teach pupils either aged 11 to 16 of all ages in secondary schools and of which the principal subject matter is —
i
mathematics, or
ii
physics, or
iii
technology, or
iv
physics and technology, or
v
craft, design and technology; and
d
is such that the period which the person in question would require for its completion (excluding any period for which he is excused attendance) would ordinarily not exceed two academic years.
Duration of training bursaries
6
1
Subject as hereinafter provided, a training bursary shall be payable for the period ordinarily required for the completion of the course in respect of which it is granted, less such part, if any, as the holder is excused from attending.
2
If the authorities of the establishment at which a training bursary is tenable refuse to allow a holder to complete his course, his training bursary shall terminate forthwith.
3
If, by reason of ill health or otherwise, the holder does not, or does not reasonably expect to, complete his course within the period ordinarily required, the Secretary of State may extend the period for which the training bursary is payable.
4
If, after consultation with the authorities of the establishment at which the training bursary is tenable, the Secretary of State is satisfied that a holder has —
a
abandoned the course in respect of which it is held; or
b
by his conduct shown himself to be unfitted either to hold a training bursary or for employment as a teacher,
he shall terminate the training bursary.
5
If the holder fails to furnish any information reasonably requested by the Secretary of State or, in response to such a request —
a
has furnished information which he knows to be false in a material particular; or
b
has recklessly furnished information which is false in a material particular,
the Secretary of State may terminate the training bursary or suspend it in whole or in part; and, where he has so suspended the training bursary, he may subsequently either restore it from such date as he thinks fit or terminate it.
Amount and payment of training bursaries
7
1
Subject to sub-paragraph (2), a training bursary shall be £1,300 per annum in respect of a full-time course and in the case of a part-time course it shall be such proportion of that amount in each year as the number of hours of instruction in that year bears to 700.
2
A student attending a course of the kind mentioned in regulation 5(c)(v) shall, in addition to the sums payable under sub-paragraph (1), be paid once only an equipment allowance of £200.
3
A training bursary (including any equipment allowance) may be paid in a lump sum or by instalments in either case at such times as the Secretary of State considers appropriate.
4
For the purpose of this regulation a full-time course means a course involving 700 hours or more of instruction per year (including any teaching practice which forms part of the course) and a part-time course means a course involving less than 700 hours of such instruction.
Repayment
8
Where the Secretary of State is satisfied that the holder has been under a contract of employment with a local education authority for the whole or a substantial part of the period of training the holder shall on the request of the Secretary of State repay such sum not exceeding the amounts paid by way of bursary (including any equipment allowance) as the Secretary of State may request.
9
The Education (Bursaries for Teacher Training) Regulations 1986 , the Education (Bursaries for Teacher Training) (Amendment) Regulations 1987 and the Education (Bursaries for Teacher Training) (Amendment) (No. 2) Regulations 1987 are hereby revoked.
Kenneth Baker
Secretary of State for Education and Science
1st August 1988
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
4th August 1988


text:
Title, extent and commencement
1
These Regulations, which may be cited as the Pig Carcase (Grading) Regulations 1988, shall apply in Great Britain and shall come into force —
a
as respects regulations 1, 2, 3, 6(1), 10 and 11(1)(a), (4) and (5) and the Schedule on the 5th August 1988; and
b
as respects the remainder on the 1st January 1989.
Interpretation
2
1
In these Regulations —
“the appropriate Minister” —
in relation to England, means the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, means the Secretary of State;
“authorised officer” means a person authorised by the appropriate Minister for the purposes of these Regulations;
“the Commission Decision” means Commission Decision No 88/234/ EEC authorising the methods for grading pig carcases in the United Kingdom ;
“the Commission Regulation” means Commission Regulation (EEC) No 2967/85 laying down detailed rules for the application of the Community scale for grading pig carcases ;
“the Council Regulation” means Council Regulation (EEC) No 3220/84 determining the Community scale for grading pig carcases , as amended by Council Regulation (EEC) No 3530/86 ;
“the MLC ” means the Meat and Livestock Commission established by virtue of section 1(1) of the Agriculture Act 1967 ;
“pig carcase” has the meaning assigned to it by the first indent of Article 2(1) of the Council Regulation, except that, in pursuance of the authorisation in Article 2 of the Commission Decision, the carcase may include the tongue.
2
In these Regulations —
a
any reference to a slaughterhouse is a reference to a slaughterhouse in which pigs are slaughtered, and
b
except in regulations 7 and 11(1)(b) and (c), (4) and (5) any such reference is a reference to a slaughterhouse in which there are slaughtered more than 200 pigs per week on a yearly average basis.
3
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Council Regulation, the Commission Regulation and the Commission Decision.
4
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Registration
3
1
Every person who on the day after the date on which this regulation comes into force is, or on a subsequent date becomes, an occupier of a slaughterhouse shall within 28 days of that date give written notice to the appropriate Minister of the particulars specified in the Schedule.
2
Where any change occurs in any of the particulars required to be notified under paragraph (1) above the occupier of the slaughterhouse shall within 28 days of the change give written notice to the appropriate Minister of particulars of the change.
3
Where a person ceases to occupy a slaughterhouse he shall within 10 days of the date on which he does so give written notice to the appropriate Minister of —
a
the date on which he ceased to occupy that slaughterhouse; and
b
the person (if any) succeeding him as occupier of that slaughterhouse.
Special Grading Criterion
4
There shall be added to the grading scale which applies by virtue of Article 3(2) of the Council Regulation the additional grade referred to in Article 3(3) of that Regulation.
Weighing and grading of pig carcases
5
Subject to regulation 6, the occupier of any slaughterhouse shall —
a
weigh the carcase of each pig slaughtered in that slaughterhouse in accordance with the provisions of Article 2(2) of the Council Regulation, make a record of the weight of each such carcase and thereafter calculate the weight of the cold carcase by reference to the provisions of Article 3 of the Commission Decision;
b
grade each such carcase in compliance with the requirements of Article 3(1) and (2) of the Council Regulation as read with regulation 4 by the application of one of the methods approved by the Commission Decision; and
c
in the case of pig carcases to be marketed uncut in another Member State, mark each pig carcase in the manner prescribed in Article 4(1) of the Council Regulation and Article 4 of the Commission Regulation;
d
in any other case —
i
mark each pig carcase in the manner so prescribed; or
ii
make and keep a record relating to each pig carcase in compliance with the requirements of Article 4(2) of the Council Regulation.
MLC’s duties in connection with weighing and grading of pig carcases
6
1
Any person who requires the MLC to carry out, at any slaughterhouse occupied by him, the duties specified in paragraph (2) below shall —
a
give to the MLC at least one month’s written notice in such form as the appropriate Minister may require;
b
provide the appropriate Minister with a copy of that notice; and
c
pay to the MLC on demand such sum as it may require in respect of its expenses incurred in the carrying out of such duties.
2
In respect of any slaughterhouse the occupier of which has given to the MLC the notice referred to in paragraph (1) above it shall be the duty of the MLC as from the date upon which the notice takes effect to —
a
weigh the carcase of each pig slaughtered in that slaughterhouse in accordance with the provisions of Article 2(2) of the Council Regulation, make a record of the weight of each such carcase and thereafter calculate the weight of the cold carcase by reference to the provisions of Article 3 of the Commission Decision;
b
grade each such carcase in compliance with the requirements of Article 3(1) and (2) of the Council Regulation as read with regulation 4 by the application of one of the methods approved by the Commission Decision; and
c
in the case of pig carcases to be marketed uncut in another Member State, mark each pig carcase in the manner prescribed in Article 4(1) of the Council Regulation and Article 4 of the Commission Regulation;
d
in any other case —
i
mark each pig carcase in the manner so prescribed; or
ii
make and keep a record relating to each pig carcase in compliance with the requirements of Article 4(2) of the Council Regulation.
3
This regulation shall have effect as if it were inserted in Part I of the Agriculture Act 1967.
Powers of entry and inspection and to obtain evidence
7
1
An authorised officer may, for the purpose of ascertaining whether the provisions of these Regulations have been, or are being, complied with —
a
enter any slaughterhouse at any reasonable time;
b
inspect any pig carcase at that slaughterhouse;
c
examine any relevant commercial records and any record which is required, by virtue of regulation 5(d) or 6(2)(d) to be kept in respect of pig carcases graded at that slaughterhouse.
2
An authorised officer who reasonably suspects that there has been an offence under these Regulations, may for the purpose of investigating such an offence, take possession of, or take a copy of, or extract from any commercial record or other record appearing to him to be material which is produced pursuant to paragraphs (3) or (4) below, or which is in the possession or control of a person whom he reasonably suspects is guilty of such an offence.
3
Subject to paragraph (4) below the occupier of any slaughterhouse shall on request produce to an authorised officer any relevant commercial records and any record which is required, by virtue of regulation 5(d) or 6(2)(d), to be kept in respect of pig carcases graded at that slaughterhouse.
4
Where the record required to be kept by virtue of regulation 6(2)(d) is in the possession of the MLC, the MLC shall on request produce that record to an authorised officer.
Warrants of authorised officer
8
An authorised officer acting in exercise of the power conferred by regulation 7 shall carry a warrant of his authority so to act, and shall produce it on demand.
Recovery of MLC’s expenses
9
Any sum which the MLC has required to be paid in respect of its expenses in accordance with regulation 6(1)(c) shall be recoverable as a civil debt.
Notices
10
1
Service of a notice given pursuant to regulation 6(1) or paragraph (2) below shall be effected by delivery, or by sending it by post in a registered letter or by the recorded delivery service to the MLC at its Head Office.
2
A notice given pursuant to regulation 6(1) is revocable by the giving of 4 month’s written notice to the MLC in such form as the appropriate Minister may require.
Offences and penalties
11
1
If any person —
a
fails without reasonable excuse to comply with regulation 3;
b
intentionally obstructs an authorised officer in the exercise of the powers conferred by regulation 7(1) and (2); or
c
fails without reasonable excuse to comply with a request under regulation 7(3) or 7(4)
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.
2
If any person without reasonable excuse contravenes, or fails to comply with, any provision of regulations 5 or 6(2) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000.
3
If any person —
a
makes an entry which he knows to be false in a material particular in any record which is required to be kept by virtue of regulation 5(a) or (d) or 6(2)(a) or (d) or, with intent to deceive, makes use of any entry which he knows to be false; or
b
applies to any pig carcase, without due authority and with intent to deceive any mark prescribed by virtue of Article 4(1) of the Council Regulation or applies to any pig carcase a mark so closely resembling a mark so prescribed as to be calculated to deceive
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2000 or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
4
It shall be a defence for a person charged with an offence under paragraphs (1)(a), (1)(c) or (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
5
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer, of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
7th July 1988


text:
1
This Order may be cited as the Multilateral Investment Guarantee Agency (Overseas Territories) Order 1988 and shall come into force on 18th May 1988.
2
The provisions of sections 3, 4, 5 and 6 of the Multilateral Investment Guarantee Agency Act 1988, modified as in Schedule 1 hereto, shall extend to the Territories specified in Schedule 2 hereto.
3
For the purpose of construing the said Act as so extended as part of the law of any Territory to which it extends —
“the Agency” means the Multilateral Investment Guarantee Agency;
“the Convention” means the Convention establishing the Multilateral Investment Guarantee Agency, which was signed on behalf of the United Kingdom on 9th April 1986;
“the Governor” means the officer for the time being administering the government of that Territory or any person whom the Governor may by order designate to perform such of the Governor’s functions under the Act as may be specified in such order;
“the Supreme Court” means the court (by whatever name styled) having unlimited original jurisdiction in that Territory in civil matters;
“the Territory” means that Territory, including its territorial waters.
G. I. de Deney
Clerk of the Privy Council