text:
Citation and commencement
1
This Order may be cited as the Local Government (Council of the Boroughof Newport, Gwent, Library Authority) Order 1988 and shall come into force on17th November 1988.
Interpretation
2
In this Order: —
“the County Council” means the Council of the County of Gwent;
“the Borough Council” means the Council of the Borough of Newport in the County of Gwent;
“the Borough” means the Borough of Newport; and
“the properties” means the properties described in the Schedule to this Order used for the purposes of the provision of a library service in the Borough of Newport.Constitution of the Council Borough of Newport, Gwent as a Library Authority
3
As from the 1st April 1989, the Borough Council is constituted as a library authority.
4
For the purposes of securing the performance by them of their functions under the Public Libraries and Museums Act 1964 the Borough Council shall: —
a
Co-operate with the County Council in making arrangements for: —
i
the compilation of records of holdings of stock held at public libraries in the County; and
ii
developing library resources for the benefit of the inhabitants of the Borough and of the County as a whole;
b
submit annual reports to the Secretary of State on the development and progress of the library service in the Borough;
c
appoint a Principal Officer as Borough Librarian to reflect the status and responsibilities of the post; and
d
take into account the Report published by the Department of Education in 1976 on the Staffing of Public Libraries, in deciding future staffing levels for the library service in the Borough.
Transfer of property vested in the Council of the County of Gwent for the purpose of providing library facilities
5
1
The properties shall by virtue of this order be transferred to and vest in the Borough Council on 1st April 1989.
2
Subject to the provisions of paragraphs (3) and (5) of this article, all liabilities attaching to the properties shall by virtue of this order be transferred to and attach to the Borough Council.
3
The provisions of paragraph (2) of this article shall not apply to any liability to pay compensation for the purchase of the land which comprises Malpas Branch Library.
4
Subject to the provisions of paragraph (5) of this article, all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against and all notices in force which were given (or have effect as if they had been given) by or to the County Council with respect to the properties shall be of full force and effect in favour of, or against the Borough Council.
5
Any action or proceeding or any cause of action or proceeding pending or existing on 1st April 1989 by or against the County Council in respect of the properties shall not be affected by the provisions of this order, and may be continued, prosecuted and enforced by, or against the County Council.
Entitlement of the Borough Council to a lease of the Library at Caerleon
6
1
As from 1st April 1989 the Borough Council shall be entitled to a lease of the property comprising the public library which forms part of the Caerleon Comprehensive School.
2
The lease of the aforesaid property shall be at a nominal rent and for such periods and on such terms as may be determined by agreement between the County Council and the Borough Council or failing such agreement, by the decision of a person agreed on by the two Councils, or in default of agreement appointed by the Secretary of State.
Fittings, furniture, equipment and stores
7
1
The fittings, furniture, equipment, stores, books, sound-recordings, long-playing records, audio cassettes and archival material in the properties and in the property described in article 6(1) of this order which have been provided for the discharge of the library functions of the County Council shall, except in so far as the Borough Council shall otherwise agree, by virtue of this order be transferred to and vest in the Borough Council on 1st April 1989.
2
For the purposes of this article “equipment” includes records and the two mobile library vehicles registration numbers GHB 429N and HOW 400W.
3
The provisions of articles 5(4) and (5) shall apply with respect to the matters transferred by paragraph (1) of this article.
Properties and liabilities to attach to the whole area of the Borough of Newport
8
Any interest in any property or any liability transferred by the preceding articles of this order to the Borough Council shall be held or discharged by them in respect of the whole area of the Borough.
Byelaws, etc.
9
Any byelaws and other regulations in force for the regulation of any of the properties or of the property described in article 6(1) of this order shall have effect as if they had been made by the Borough Council.
Vehicle licences
10
Any excise licence, operators' licence, road service licence, plating certificate or other document issued in respect of either of the vehicles referred to in article 7(2) of this order shall have effect as if it had been issued to the Borough Council and any reference to the County Council in any such licence or certificate or in any registration book or other document issued in respect of either such vehicle shall have effect as a reference to the Borough Council.
Loans
11
1
On 1st April 1989, any liability of the County Council to repay money borrowed for the provision of financial assistance in respect of the properties or of the property referred to in article 6(1) of this order shall, by virtue of this order, be transferred to and attach to the Borough Council.
2
The provisions of paragraph (1) shall also apply to any liability of the County Council incurred at any time to repay money borrowed for the discharge of the liability to pay compensation referred to in article 5(3) of this order.
12
Where any liability or part of a liability referred to in article 11 of this order is charged indifferently on all the revenues of the County Council, the liability or part of the liability shall be charged indifferently on all the revenues of the Borough Council.
13
Any authorisation of the borrowing of money in force in respect of the liability or part of a liability referred to in article 11 of this order may be acted on by the Borough Council, subject to the terms applicable thereto.
Inspection of documents
14
Any officer of the Borough Council, duly authorised in that behalf, shall, for the purposes of the functions of the Borough Council as a library authority be entitled during ordinary office hours to inspect and take extracts from any books or documents of the County Council.
Provision for the protection of users of the Newport library services
15
On and after 1st April 1989 persons living in the County of Gwent outside the area of the Borough of Newport: —
a
shall be entitled to the same use of the facilities of the Newport Central Reference Library as is available to those persons living within the area of the Borough; and
b
shall not be subject to any charges for the use of any library facilities within the area of the Borough to which persons living within the area of the Borough are not subject.
Scheme for the transfer of officers
16
1
Subject to the provisions of article 18 of this order, the County Council and the Borough Council shall make a scheme by 1st December 1988 for the transfer of officers from the County Council to the Borough Council in accordance with the general principle that any officer employed by the County Council upon a function which within the area of the County Council will be, on and after 1st April 1989 by virtue of this order, the statutory responsibility only of the Borough Council, will be transferred to the employment of the Borough Council.
2
For the purposes of this article and of articles 19 and 22 “employed by the County Council upon a function” means operational and administrative staff wholly or mainly employed in the functional service by the County Council.
17
1
Subject to the provisions of this article, the scheme made under article 16 of this order shall allocate the officers on the basis of the likely needs of the Borough Council as a library authority on and after 1st April 1989.
2
In preparing the scheme the County Council and the Borough Council shall: —
a
consult the bodies representative of officers appearing to them to be concerned;
b
give all the officers likely to be transferred an opportunity to indicate any preference as to whether they would wish to be transferred; and
c
take account of the outcome of the consultation and indications as to preference under subparagraphs (a) and (b) above.
3
Upon making the scheme the County Council and the Borough Council shall send copies thereof to the bodies consulted under paragraph 2(a) above and notify every officer coming within the provisions of paragraph 2(b) above the provision of the scheme in relation to him, including his new terms and conditions of employment.
18
If notice is given by either the County Council or the Borough Council that they are unable to make the scheme or any provision thereof, under article 16 of this order, the Secretary of State, or an arbitrator appointed by him, shall make the scheme and the provisions of articles 16 and 17 shall apply to the scheme.
Appeals by Officers
19
1
Within 28 days of the making of the scheme under articles 16 or 18 above, an appeal may be made by any officer employed by the County Council upon a function which within the area of the County Council will be, on and after 1st April 1989, by virtue of this order, the statutory responsibility only of the Borough Council.
2
Such appeals may be made with respect to any decision concerning the future employment of the officer including the terms and conditions of that employment and as to whether the duties are reasonably comparable within the meaning of article 20(1) of this order.
3
The appeal shall be made to the Secretary of State who shall decide it, after making such inquiry as he shall determine.
4
On the making of the scheme referred to in paragraph (1) of this article officers shall be informed of the provisions of this article.
Protection of officers transferred
20
1
The new terms and conditions of employment referred to in article 17(3) of this order shall be such that: —
a
so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before 1st April 1989, the scale of his salary or remuneration is not less favourable than that which he enjoyed immediately before 1st April 1989; and
b
the other terms and conditions of his employment are not less favourable than those which he enjoyed immediately before 1st April 1989.
2
In this article “terms and conditions of employment” includes any restriction arising under any Act of or any instrument made under any Act on the termination of the employment of any officer.
21
Any extension of service under any statutory provision effective on 1st April 1989 in relation to an officer transferred under the provisions of this order to the employment of the Borough Council shall continue to have effect as if it had been made by the Borough Council.
22
Notice to terminate any contract of employment may, with his consent and the consent of the Borough Council, be given to any officer before 1st April 1989 who is an officer employed by the County Council upon a function which within the area of the County Council will be, on and after 1st April 1989, by virtue of this order, the statutory responsibility only of the Borough Council.
Redundancy payment and payment of compensation
23
Any officer in the employment of the County Council who, by virtue of the provisions of this order is entitled to a redundancy payment under Part VI of the Employment Protection (Consolidation) Act 1978 and to compensation under the Local Government (Compensation for Premature Retirement) Regulations 1982 and under the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984 shall be paid such redundancy payment and compensation by the Borough Council.
General Provision as to Disputes
24
Any question as to the interpretation of this order may be determined by the decision of a person agreed on by the County Council and the Borough Council, or in default of agreement by the Secretary of State.


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Summer Time Order 1988 and shall come into force on the fourteenth day after the day on which it is made.
2
This Order shall have effect in Great Britain, Northern Ireland and the Bailiwick of Guernsey.
2
In relation to the year 1989, the period of summer time for the purposes of the Summer Time Act 1972 shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 26th March 1989 and ending at one o'clock, Greenwich mean time, in the morning of 29th October 1989 instead of the period specified in section 1 of that Act.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Inheritance Tax and Capital Transfer Tax (Interest on Unpaid Tax) (No. 2) Order 1988 and shall come into force on 6th October 1988.
2
The rate prescribed for the purposes of section 233 of the Inheritance Tax Act 1984 (interest on unpaid tax) shall be 9 per cent per annum and shall apply in each of the cases referred to in paragraphs (a) and (b) of section 233(2).
Alan Howarth
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 1988


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Harbour Works (Assessment of Environmental Effects) Regulations 1988.
2
These Regulations shall come into force on the seventh day after the day on which they are made.
3
These Regulations shall not extend to Scotland.
Amendment of the Harbours Act 1964
2
The following definition shall be inserted in section 57(1) of the Harbours Act 1964 (at the appropriate place in alphabetical order) —
“environmental assessment” means an assessment in accordance with Council Directive No. 85/337/ EEC ;
.
3
Part I of Schedule 3 to that Act shall be amended as follows.
4
The following paragraph shall be inserted after paragraph 1 —
1A
1
Where an application for a harbour revision order relating to a harbour in England or Wales is made after the coming into force of this paragraph, the Secretary of State shall determine whether or not it is made in relation to a project which falls within Annex I or Annex II to Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.
2
If he determines that it is made in relation to a project which falls within Annex I, or a project which falls within Annex II and whose characteristics require that it should be made subject to an environmental assessment, he shall direct the applicant to supply him in such form as he may specify with the information referred to in Annex III to the Directive to the extent that he considers —
a
that it is relevant to any stage of the procedure set out in this Part and to the specific characteristics of the project to which the application relates and of the environmental features likely to be affected by it; and
b
that (having regard in particular to current knowledge and methods of assessment) the applicant may reasonably be required to gather that information,
and including at least —
i
a description of the project comprising information on the site, design and size of the project;
ii
a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
iii
the data required to identify and assess the main effects which the project is likely to have on the environment;
iv
a non-technical summary of the information mentioned in paragraphs (i) to (iii) above.
5
In paragraph 3 —
a
after the word “compliance” there shall be inserted the words “with the requirements of paragraph 1A above if they are applicable,”; and
b
in sub-paragraph (a) —
i
after the words “of the order” there shall be inserted the words “and whether information has been supplied under paragraph 1A above and”; and
ii
after the words “a copy of the draft of the proposed order” there shall be inserted the words “, a copy of any information supplied under paragraph 1A above”.
6
The following paragraph shall be inserted after paragraph 3 —
3A
It shall be the duty of the Secretary of State to furnish such bodies appearing to him to have environmental responsibilities as he thinks fit with any information supplied under paragraph 1A above and to consult such bodies.
.
7
In paragraph 4(5), after the word “withdrawn” there shall be inserted the words “, any information supplied under paragraph 1A above”.
8
The following paragraph shall be inserted after paragraph 4 —
4ZA
In any case where the Secretary of State has determined as mentioned in paragraph 1A(2) above, he shall publish in such manner as he thinks fit his decision whether or not to make an order.
.
Paul Channon
Secretary of State for Transport
19th July 1988
John MacGregor
Minister of Agriculture, Fisheries and Food
20th July 1988
Peter Walker
Secretary of State for Wales
27th July 1988


text:
1
This Order may be cited as the A13 Trunk Road (New Road, Havering) (Prescribed Routes) Order 1988 and shall come into force on 17th October 1988.
2
In this Order —
“New Road” means that length of the London — Tilbury Trunk Road (A13) in the London Borough of Havering known as New Road;
“central reservation” means that part of New Road which separates the two carriageways of New Road for the safety and guidance of vehicles using that road;
“the junction” means the junction of New Road, Manor Way and Cherry Tree Lane;
“the westbound right-turn lane” means the traffic lane, being part of the westbound carriageway of New Road, which is bounded on its northern side by the central reservation, has a width of approximately 3.5 metres and extends from the junction eastwards for a distance of 8 metres;
“the westbound left-turn lane” means the traffic lane, being part of the westbound carriageway of New Road, which lies adjacent to the kerbline of that carriageway, has a width of approximately 4.5 metres and extends from the junction eastwards for a distance of 30 metres;
“the eastbound left-turn lane” means the traffic lane, being part of the east-bound carriageway of New Road, which lies adjacent to the kerbline of that carriageway, has a width of approximately 3 metres and extends from the junction westwards for a distance of 19 metres.
3
Every person causing any vehicle to proceed in the eastbound left-turn lane shall cause that vehicle to turn left into Cherry Tree Lane.
4
Every person causing any vehicle to proceed in the westbound right-turn lane shall cause that vehicle to turn right into Cherry Tree Lane.
5
Every person causing any vehicle to proceed in the westbound left-turn lane shall cause that vehicle to turn left into Manor Way.
6
Every person causing any vehicle to proceed in any traffic lane of the eastbound carriageway of New Road, other than in the eastbound left-turn lane, shall, upon reaching the junction continue eastwards.
7
Every person causing any vehicle to proceed in any traffic lane of the westbound carriageway of New Road, other than in the westbound right-turn lane and in the westbound left-turn lane, shall, upon reaching the junction continue westwards.
8
Article 11 of the Trunk Roads (Various Roads, Havering) (Prescribed Routes) Order 1973 is hereby revoked.
9
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
13th October 1988


text:
1
This Order may be cited as the Merchant Shipping (Confirmation of Legislation) (Bermuda) Order 1988 and shall come into force on 23rd June 1988.
2
The Merchant Shipping Amendment Act 1987 , enacted by the Legislature of Bermuda, is hereby confirmed.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Welsh Forms) Regulations 1988 and shall come into force on 1st September 1988.
2
In these Regulations “the principal Regulations ” means the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 .
2
The forms set out in Schedules 1 and 2 to these Regulations are hereby prescribed as versions in Welsh which may be used instead of the forms in Schedules 1 and 2 to the principal Regulations for the purposes of sections 122(1) and 124(1) of the Housing Act 1985.
3
Forms substantially to the like effect to the forms set out in Schedules 1 and 2 to these Regulations may be used.
4
The particulars to be contained in any notice, the form of which is prescribed by regulations 2 and 3 above, shall be those required by that form.
5
1
The Housing (Right to Buy) (Prescribed Forms) (Welsh Forms) ( No. 3) Regulations 1985 are hereby revoked.
2
Nothing in these Regulations shall affect the validity of any notice served by a secure tenant under section 122(1) of the Housing Act 1985 before 1st November 1988 1988 if the notice was in the form prescribed by the regulations mentioned in paragraph (1) above or in a form substantially to the like effect.


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 and shall come into force two months after the day on which it is made.
2
The Schedule to this Order shall have effect.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
17th November 1988


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Tax Approval and Miscellaneous Provisions) Regulations 1988.
2
Subject to paragraph (3), these Regulations shall come into force as follows —
a
regulations 1 to 4 and 6 to 9 on 6th April 1988; and
b
regulation 5 —
i
for the purposes of occupational pension schemes on 6th April 1988; and
ii
for the purposes of personal pension schemes on 1st July 1988.
3
Regulation 2 shall come into force on 6th April 1988 immediately after regulation 7(5) of the Personal and Occupational Pension Schemes (Consequential Provisions) Regulations 1987 comes into force and regulation 4 and, for the purposes of occupational pension schemes, regulation 5 and, for all purposes, regulation 9 shall come into force on 6th April 1988 immediately after the provisions which they amend come into force.
Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985
2
In regulation 5(a) of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 the words “or her widower” shall be omitted.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1985
3
The Occupational Pension Schemes (Transfer Values) Regulations 1985 shall be amended as follows —
a
in regulation 2(1)(b) of those Regulations for “either” there shall be substituted “any” and for “(a) and (b)” there shall be substituted “(a), (b) or (e)”;
b
in regulation 2(3) of those Regulations —
i
the word “and” at the end of sub-paragraph (c) shall be omitted;
ii
for the full-stop at the end of sub-paragraph (d) there shall be substituted “; and” and
iii
after sub-paragraph (d) there shall be inserted —
e
a scheme which is approved by the Commissioners of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 .
.
Amendment of the Money Purchase Contracted-out Schemes Regulations 1987
4
For paragraph 4 of the Schedule to the Money Purchase Contracted-out Schemes Regulations 1987 there shall be substituted the following paragraph —
4
An interest-bearing account (including, in the case of a building society, a share or deposit account) with —
a
a building society as defined in the Building Societies Act 1986 ;
b
a Pension Company within the meaning of the Building Societies (Designation of Pension Companies) Order 1987 which is an associated body of a building society within the meaning of section 18(17) of the Building Societies Act 1986;
c
an institution authorised under Part I of the Banking Act 1987 .
.
Amendment of the Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987
5
The Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987 shall be amended by inserting after regulation 2 the following regulation —
Provisions of the Income and Corporation Taxes Act 1988 under which tax-exemption or tax-approval may be given for the purposes of section 12
2A
For the purposes of section 12 of the Act (which exempts scheme rules from the need to comply with that section to the extent necessary to qualify for tax-exemption or tax-approval) “tax-exemption” and “tax-approval” mean respectively exemption from tax and approval of the Inland Revenue under either Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.
.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
6
The Personal Pension Schemes (Disclosure of Information) Regulations 1987 shall be amended as follows —
a
in regulation 4(5) of those Regulations after the reference to “4” there shall be inserted a reference to “, 5A”;
b
in regulation 4(6) of those Regulations after the reference to “3,” there shall be inserted a reference to “5B,”;
c
in regulation 5(3) of those Regulations for the words “Where the scheme is not” there shall be substituted the words “Whether or not the scheme is or has been”;
d
in Schedule 1 after paragraph 5 there shall be inserted the following paragraph —
5A
Whether the scheme is approved by the Commissioners of Inland Revenue either —
a
as a personal pension scheme under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988; or
b
as a retirement benefits scheme under Chapter I of that Part of that Act by reference to section 591(2)(h) of that Act,
and if not whether an application for such approval is under consideration by the Commissioners.
5B
How tax relief on members' contributions is effected.
;
e
in paragraph 1(a) of Schedule 2 after the words “the 1986 Act ” there shall be inserted the words “(identifying separately that part of the contributions which is attributable to tax relief on the employee’s share of minimum contributions, being the difference between that share and the grossed-up equivalent of that share; the expressions “employee’s share” and “grossed-up equivalent” having the meanings given to them by section 649(2) of the Income and Corporation Taxes Act 1988)”.
Amendment of the Personal Pension Schemes (Transfer Values) Regulations 1987
7
In regulation 2(a) of the Personal Pension Schemes (Transfer Values) Regulations 1987 there shall be inserted after head (ii) —
ii)(aa
is a scheme which is approved by the Commissioners of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988, or
.
Amendment of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987
8
The Personal and Occupational Pensions Schemes (Modification of Enactments) Regulations 1987 shall be amended as follows —
a
in regulation 3(4) for “the Personal Pension Schemes (Appropriate Schemes) Regulations 1987” there shall be substituted “the Personal Pension Schemes (Appropriate Schemes) Regulations 1988”;
b
after paragraph (3) of regulation 4 there shall be inserted —
4
Paragraphs 9(2)(a) and 15(3)(b) of Schedule 16 shall have effect as if “scheme” included a personal pension scheme.
;
c
in paragraph 16 of Schedule 4 after the words “section 41E(2)(a), (b) and (d)” there shall be inserted the words “but as if in paragraph (d) of that subsection the words “or prospective member” were omitted”.
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987
9
The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987 shall be amended as follows —
a
in regulation 3 —
i
the word “and” at the end of paragraph (b) shall be omitted;
ii
in paragraph (c) for the words “the Personal Pension Schemes (Appropriate Schemes) Regulation 1987” there shall be substituted the words “the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 ” and for the full stop at the end there shall be substituted “; and”;
iii
after paragraph (c) of regulation 3 there shall be inserted the following paragraph —
d
in the case of a personal pension scheme, a payment attributable to tax relief on the employee’s share of minimum contributions, being the difference between that share and the grossed-up equivalent of that share; the expressions “employee’s share” and “grossed-up equivalent” having the meanings given to them by section 649(2) of the Income and Corporation Taxes Act 1988.
.
b
in regulation 9(a) after the words “defined in that Act” there shall be inserted the words “or is a friendly society which satisfies the conditions set out in regulation 3(2) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988”; and
c
after regulation 14 there shall be inserted the following regulation —
Tax-exemption and tax-approval
15
For the purposes of paragraph 12 of Schedule 1 (nothing in Schedule 1 to be taken to prejudice any requirements with which a scheme must comply if it is to qualify for tax-exemption or tax-approval) tax-exemption and tax-approval mean respectively exemption from tax and approval of the Inland Revenue under Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
10th March 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Attendance Allowance) Amendment Regulations 1988 and shall come into force on 7th April 1988.
Amendment of regulation 6 of the Social Security (Attendance Allowance) ( No. 2) Regulations 1975
2
In regulation 6(2) of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 —
a
in sub-paragraph (d), for the words“in both places where that word appears” there shall be substituted the words“in section 35(1)(a)(ii)”, and
b
after sub-paragraph (d) there shall be inserted the following sub-paragraph —
e
after the words“watching over him” there were inserted the words“(these requirements being substantially in excess of the requirements normally placed upon another person by a child of the same age and sex).”
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
16th March 1988


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (Borough of Sunderland) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
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 Tyne and Wear Development Corporation (Vesting of Land) (Borough of Sunderland) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the council of the borough of Sunderland 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 edged internally with a stippled band on a numbered map.
Vesting of Land
3
The land described in the Schedule hereto and now vested in the council of the borough of Sunderland or any other local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development area, 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 area 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
15th June 1988


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1988, shall come into force on 11th April 1988.
2
In this Order, the expression “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,352” there shall be substituted the amount “£1,404”.
Amendment of Schedules to the principal Order
3
1
In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement) —
a
for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 hereto;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;
c
for Part IV there shall be substituted the Part set out in Schedule 5 hereto.
2
In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death) —
a
for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 hereto;
b
for the amount “£2,677” in the second column of Table 1B of Part II there shall be substituted the amount “£2,789”;
c
for the amounts “£51.35” and “£11.85” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£53.50” and “£12.35”;
d
for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;
e
for Part III there shall be substituted the Part set out in Schedule 8 hereto.
Amendment of article 60(2) of the principal Order
4
For paragraph (2) of article 60 of the principal Order there shall be substituted the following paragraph:
2
Where payment in respect of a pension is in arrears for any period and any one or more of the following, that is to say —
a
benefit under the Supplementary Benefits Act 1976 , or
b
income support under the Social Security Act 1986 or under the Income Support (Transitional) Regulations 1987 , or
c
any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to benefit under the 1976 Act or, as the case may be, income support under the 1986 Act, or the Income Support (Transitional) Regulations 1987,
has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in sub-paragraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1), and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority administering the benefit or as the case may be income support.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Medicines (Labelling of Medicinal Products for Incorporation in Animal Feeding Stuffs and of Medicated Animal Feeding Stuffs) Regulations 1988.
2
These Regulations shall come into force —
a
as respects this regulation and regulation 12 on 7th July 1988, and
b
as respects the remainder on 1st November 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Medicines Act 1968;
“active ingredient”, in relation to a medicated feeding stuff, means any chemical or other substance specified in a product licence, veterinary written direction or animal test certificate and included in a medicated feeding stuff for a medicinal purpose;
“appropriate non-proprietary name”, in relation to a medicinal product, excepted medicated feeding stuff or ingredient, means —
where the medicinal product, excepted medicated feeding stuff or ingredient is described in a monograph in a specified publication, any name, or abbreviation of such name, at the head of that monograph or, in the case of the European Pharmacopoeia, an approved synonym or, where such name consists of two or more words, any name derived from a suitable inversion of such words which is permitted by that specified publication, or
where the medicinal product, excepted medicated feeding stuff or ingredient is not described in a monograph in a specified publication but has an approved name, such approved name, or
where the medicinal product, excepted medicated feeding stuff or ingredient is not described in a monograph in a specified publication and does not have an approved name, but has an international non-proprietary name, such international non-proprietary name, or
where the medicinal product, excepted medicated feeding stuff or ingredient is not described in a monograph in a specified publication and does not have an approved name or an international non-proprietary name, the accepted scientific name or any other name descriptive of the true nature of the medicinal product, excepted medicated feeding stuff or ingredient;
“approved name” means the name which appears in the current edition (as defined in section 103(5) of the Act) of the list prepared and published under section 100 of the Act as in force at the time of sale or supply of the medicinal product, excepted medicated feeding stuff or ingredient by the person who has labelled the container of the medicinal product, excepted medicated feeding stuff or ingredient;
“approved synonym” has the same meaning as in section 65(8) of the Act;
“container”, in relation to a medicinal product or medicated feeding stuff, means the bottle, jar, box, packet or other receptacle which contains or is to contain it, not being a capsule, cachet or other article in which the product is or is to be administered, and where any such receptacle is or is to be contained in another such receptacle, includes the former but does not include the latter receptacle;
“data sheet” means a document relating to medicinal products or excepted medicated feeding stuffs of a particular description, which is prepared by or on behalf of the holder of a product licence which is applicable to medicinal products or excepted medicated feeding stuffs of that description and which —
complies with such requirements as to dimensions and form, as to the particulars to be contained in it, and as to the manner (whether in respect of type, size, colour or disposition of lettering or otherwise) in which any such particulars are to be so contained, as may be prescribed for the purposes of section 96(6) of the Act, and
does not contain any information relating to medicinal products or excepted medicated feeding stuffs of that description except the particulars so prescribed;
“dosage unit” means that quantity of the medicinal product or excepted medicated feeding stuff which is used as the unit by reference to which the dose of the medicinal product or excepted medicated feeding stuff is measured;
“excepted medicated feeding stuff” means a medicated feeding stuff in respect of which a product licence or animal test certificate has been granted;
“expiry date” means the date after which, or the month and year after the end of which, the medicinal product or excepted medicated feeding stuff should not be used, or the date before which, or the month and year before the beginning of which, the medicinal product or excepted medicated feeding stuff should be used;
“final medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;
“foreign or international compendium of standards” means the national pharmacopoeia or similar compendium of a foreign country published on or before 6th June 1988 or the Specifications for the Quality Control of Pharmaceutical Preparations published by the World Health Organisation on or before 6th June 1988;
“intermediate medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, with or without further processing;
“international non-proprietary name” means a name which has been selected by the World Health Organisation as a recommended international non-proprietary name and in respect of which the Director-General of the World Health Organisation has given notice to that effect in the World Health Organisation Chronicle on or before 6th June 1988;
“medicated feeding stuff” means an intermediate medicated feeding stuff or a final medicated feeding stuff;
“medicinal product” means —
any medicinal product in respect of which there is a product licence relating to the incorporation of that product in an animal feeding stuff,
any medicinal product in respect of which there is no product licence but which is intended by virtue of a veterinary written direction or animal test certificate for incorporation in an animal feeding stuff, or
a substance specified in the Medicines (Control of Substances for Manu-facture) Order 1971 or the Medicines (Control of Substances for Manufacture) Order 1985 which in either case is intended to be incorporated in any animal feeding stuff,
but does not include any herbal remedy to which the provisions of section 12(2) of the Act are applicable;
“package”, in relation to any medicinal products or medicated feeding stuffs, means any box, packet or other article in which one or more containers of the products or feeding stuffs are or are to be enclosed, and, where any such box, packet or other article is or is to be itself enclosed in one or more other boxes, packets or other articles, includes each of the boxes, packets or articles in question;
“person responsible for the composition of the medicinal product or excepted medicated feeding stuff” means a person who in the course of a business carried on by him —
procures the manufacture of the product or medicated feeding stuff to his order by another person, where the order specifies, or incorporates by reference to some other document, particulars of the composition of the product or medicated feeding stuff ordered, whether those particulars amount to a complete specification or not, or
manufactures the product or medicated feeding stuff otherwise than in pursuance of an order which fulfils the conditions specified in paragraph (a) above;
“prescription only medicine” means a medicinal product or excepted medicated feeding stuff falling within a description or class for the time being specified for the purposes of section 58 of the Act in an order made under that section;
“proprietary designation” means a word or words used in connection with the sale or supply of medicinal products or excepted medicated feeding stuffs for the purpose of indicating that they are the goods of a particular person by virtue of manufacture, selection, certification, dealing or offering for sale or supply;
“quantity” means, where the quantity is not the exact quantity, the quantity which is as near to the exact quantity as is reasonably practicable or which differs from the exact quantity only to such extent as is reasonably necessary in the circumstances having regard to the nature of the medicinal product, excepted medicated feeding stuff or ingredient in question;
“specified publication” has the same meaning as in section 103(1) of the Act;
“standard withdrawal period” in relation to an animal or product of a kind referred to in the first column of Schedule 1 means the withdrawal period set out in the second column of that Schedule opposite that reference;
“veterinary written direction” means a written direction which is given by a veterinary surgeon or a veterinary practitioner and which complies with such requirements as may be specified in regulations under section 40 of the Act ;
“withdrawal period” means the period from cessation of medication of an animal with a medicated feeding stuff to slaughter of that animal for human consumption or to the taking of products derived from such an animal for human consumption.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Application
3
Subject to the following provisions of these Regulations, the requirements imposed by these Regulations shall apply to —
a
medicinal products, and
b
medicated feeding stuffs,which, in the course of a business carried on by a person, are sold or supplied or are in his possession for the purpose of sale or supply in the United Kingdom.
Labelling requirements for containers and packages of medicinal products and excepted medicated feeding stuffs
4
1
Subject to the following provisions of these Regulations, every container and package of a medicinal product or excepted medicated feeding stuff shall be labelled to show the particulars set out in Schedule 2.
2
Where any container or any package enclosing the container of a medicinal product or excepted medicated feeding stuff is of such a size as to make it impracticable for such container or package to be labelled to show all the particulars required by paragraph (1) above, such container or package shall be labelled to show the particulars set out in paragraphs 1 to 3, 7, 8(a), 10, 11, 14, 15 and 17 of Schedule 2, and a leaflet containing all the particulars required by paragraph (1) above (other than those set out in paragraph 17 of that Schedule) shall be supplied with such container or package and delivered to the purchaser or consignee thereof.
Labelling requirements for containers and packages of medicated feeding stuffs other than excepted medicated feeding stuffs
5
1
Subject to the following provisions of these Regulations, every container and package of a medicated feeding stuff (not being an excepted medicated feeding stuff) in which a medicinal product has been incorporated otherwise than in accordance with a veterinary written direction or an animal test certificate shall be labelled to show the particulars set out in Schedule 3.
2
Subject to the following provisions of these Regulations, every container and package of a medicated feeding stuff (not being an excepted medicated feeding stuff, in which a medicinal product has been incorporated in accordance with a veterinary written direction (but not in accordance with an animal test certificate) shall be labelled to show the particulars set out in paragraphs 1, 2(a), 3 to 7 and 9 of Schedule 3 together with a statement identifying by a reference number the veterinary written direction.
3
Where any container or any package enclosing the container of a medicated feeding stuff is of such a size as to make it impracticable for such container or package to be labelled to show all the particulars required by paragraph (1) or (2) above, as the case may be, such container or package shall be labelled to show —
a
in the case of a medicated feeding stuff described in paragraph (1) above, the particulars set out in paragraphs 1, 2(a), 3, 10 and 12 of Schedule 3,
b
in the case of a medicated feeding stuff described in paragraph (2) above, the particulars set out in paragraphs 1, 2(a) and (3) of Schedule 3 together with a statement identifying by a reference number the veterinary written direction,and a leaflet containing all the particulars required by paragraph (1) or (2) above, as the case may be, (other than those set out in paragraph 12 of that Schedule) shall be supplied with such container or package and be delivered to the purchaser or consignee thereof.
Medicinal tests on animals
6
1
Subject to paragraphs (2) and (3) below, where —
a
a product licence which authorises a medicinal test on animals has been granted in respect of a medicinal product or excepted medicated feeding stuff, or
b
an animal test certificate has been granted in respect of a medicinal product or excepted medicated feeding stuff, or
c
a medicated feeding stuff (not being an excepted medicated feeding stuff) is for administration in a medicinal test on animals,
every container and package of such medicinal product or medicated feeding stuff shall be labelled with the words “For Animal Test Use Only” and to show the particulars set out in Schedule 4.
2
Where a product licence has been granted in respect of a medicinal product or excepted medicated feeding stuff and the medicinal product or excepted medicated feeding stuff is to be administered in the same pharmaceutical form as that described in the application for the grant of that product licence and in all respects in accordance with the provisions of that product licence, the words “For Animal Test Use Only” may be omitted.
3
Where any container or any package enclosing the container of a medicinal product or medicated feeding stuff is of such a size as to make it impracticable for such container or package to be labelled to show all the particulars required by paragraph (1) above, such container or package shall be labelled with the words “For Animal Test Use Only”, subject to paragraph (2) above, and to show the particulars set out in paragraphs 1, 2, 7 and 8 of Schedule 4, and a leaflet containing all the particulars required by paragraph (1) above (other than those set out in paragraph 9 of that Schedule) shall, subject to paragraph (2) above, be supplied with such container or package and be delivered to the purchaser or consignee thereof.
Special labelling requirements relating to medicinal products exempt from product licences and medicated feeding stuffs in which such products have been incorporated
7
1
Where a medicinal product is a product to which the restrictions imposed by section 7 of the Act (product licence) do not apply by virtue of the Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971 or the Medicines (Exemption from Licences) (Special Cases and Miscellaneous Provisions) Order 1972 , every container and any package enclosing the container of such medicinal product shall be labelled to show —
a
the particulars set out in paragraphs 1, 3, 9, 10(a) and 15 of Schedule 2, and
b
the name and address of the manufacturer of the medicinal product, the name and address of the person responsible for the composition of the medicinal product, if different, and the number of the manufacturer’s licence, if any, preceded by the capital letters “ML”.
2
Where a medicinal product to which paragraph (1) above applies has been incorporated into a medicated feeding stuff, every container and any package enclosing the container of such medicated feeding stuff shall be labelled to show the particulars set out or referred to in that paragraph and the standard withdrawal period or any longer period specified in a veterinary written direction relating to the incorporation of the medicinal product in the medicated feeding stuff.
Sale or supply of medicinal products or medicated feeding stuffs not enclosed in a container
8
1
For the purposes of section 85(4) of the Act (sale or supply of medicinal products not enclosed in a container) a person who, in the course of a business carried on by him, sells or supplies a medicinal product or excepted medicated feeding stuff without its being enclosed in a container shall not be taken to contravene regulation 4, 6 or 7 if a leaflet which complies with the requirements of regulation 4, 6 or 7 as appropriate is supplied with the medicinal product or excepted medicated feeding stuff and such leaflet is delivered to the purchaser or consignee thereof together with the medicinal product or excepted medicated feeding stuff.
2
For the purposes of section 85(4) of the Act (as read with section 90(1) thereof) a person who, in the course of a business carried on by him, sells or supplies a medicated feeding stuff (not being an excepted medicated feeding stuff) without its being enclosed in a container shall not be taken to contravene regulation 5, 6 or 7 if a leaflet which complies with the requirements of regulation 5, 6 or 7 as appropriate is supplied with such medicated feeding stuff and such leaflet is delivered to the purchaser or consignee thereof together with such medicated feeding stuff.
General provisions
9
1
All labelling of containers of medicinal products or medicated feeding stuffs shall be carried out in an indelible manner on, or in such a way that the label is attached to, the body of the container, except that, where the container is a transparent container, such labelling may be carried out inside the body of the container.
2
All labelling of packages of medicinal products or medicated feeding stuffs shall be carried out in an indelible manner.
3
Where a medicinal product or excepted medicated feeding stuff contains a single active ingredient and particulars of the appropriate non-proprietary name of such ingredient are required by these Regulations to be shown on the container of the medicinal product or excepted medicated feeding stuff or on the container of the medicated feeding stuff in which the medicinal product or excepted medicated feeding stuff has been incorporated, such appropriate non-proprietary name shall be shown in prominent lettering on the container.
4
All particulars required by these Regulations to be shown on any labelling of any container or package of a medicinal product or medicated feeding stuff or contained in any leaflet supplied with such medicinal product or medicated feeding stuff shall, except with respect to numerals, be given in the English language, except that —
a
where the name of a herbal remedy or ingredient of a herbal remedy at the head of a specified publication is a botanical name, that botanical name may be given, or
b
where the name of a medicinal product or excepted medicated feeding stuff is in a language other than English but is the name by which that medicinal product or excepted medicated feeding stuff is usually known in the United Kingdom, that name may be given,
but nothing in this regulation shall prohibit such particulars being given in two or more languages where one of those languages is English.
5
All particulars referred to in paragraph (4) above shall be clear, legible and readily discernible so as to be easily read by an intending purchaser or user of the medicinal product or medicated feeding stuff under normal conditions of purchase or use.
6
No labelling of any container or package of a medicinal product or medicated feeding stuff or particulars contained in any leaflet supplied with such medicinal product or medicated feeding stuff shall include any reference, direct or indirect, to the Act or any regulations (including these Regulations) or orders made under the Act or to the Medicines Commission or to any committee established under section 4 of the Act or to any licence or certificate granted or issued under the Act, unless such reference is required by or made pursuant to the provisions of the Act or such regulations, orders, licence or certificate.
7
Every container and package of a medicinal product or excepted medicated feeding stuff, not being a container or package of a medicinal product or excepted medicated feeding stuff for administration in a medicinal test on animals, shall be labelled to show the words “For Animal Treatment Only” except that, where such container or package is of so small a size that it is not reasonably practicable to show such words, they may be omitted.
8
Every leaflet supplied with a medicinal product or excepted medicated feeding stuff, not being a leaflet supplied with a medicinal product or excepted medicated feeding stuff for administration in a medicinal test on animals, or a leaflet which is a data sheet, shall contain the words “For Animal Treatment Only”.
Removal etc of labels
10
No person shall intentionally remove, alter or render illegible any label complying with the requirements of these Regulations while such label is affixed to a container or package containing a medicated feeding stuff (not being an excepted medicated feeding stuff) held in the possession of any person for the purpose of sale or supply.
Exemptions
11
Nothing in these Regulations shall require the labelling of —
a
any package in the form of a transparent wrapping or cover to a container or package of a medicinal product or medicated feeding stuff, or any package part of which is transparent or open, if the particulars shown on the labelled container or package enclosed in that package are clearly visible, or
b
any package in the form of a packing case, crate or other covering used solely for the purposes of transit, transport or delivery of containers or packages of medicinal products or medicated feeding stuffs labelled in accordance with the provisions of these Regulations, or
c
any package in the form of a wrapping paper, paper bag or similar covering in which the container or package of a medicinal product or medicated feeding stuff labelled in accordance with the provisions of these Regulations is placed when such medicinal product or medicated feeding stuff is sold by retail or supplied in circumstances corresponding to retail sale, or
d
any container or package immediately enclosing the container of a medicinal product or medicated feeding stuff which is for export.
Transitional provisions
12
In any proceedings brought in respect of a contravention alleged to have occurred before 1st November 1988 —
a
against the Medicines (Labelling of Medicated Animal Feeding Stuffs) Regulations 1973 or section 85(3) or 86(2) of the Act (as applied by section 90(1) of the Act) in so far as it relates to any contravention of those Regulations, or
b
against regulation 14 of the Medicines (Labelling) Regulations 1976 or section 85(3) or 86(2) of the Act in so far as it relates to any contravention of that regulation,
the defendant shall not be convicted of an offence unless the prosecution proves additionally that the alleged contravention would have constituted an offence under these Regulations if they had been in force at the time of the alleged contravention.
Offences
13
Any person who contravenes the provisions of these Regulations or who contravenes the provisions of section 85(3) or 86(2) of the Act (as applied by section 90(1) of the Act in relation to medicated feeding stuffs other than excepted medicated feeding stuffs) shall be guilty of an offence and —
a
shall be liable on summary conviction to a fine not exceeding £2,000, and
b
shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.
Amendment of the Medicines (Labelling) Regulations 1976
14
The Medicines (Labelling) Regulations 1976 shall be amended in accordance with Schedule 5.
Revocation
15
The Medicines (Labelling of Medicated Animal Feeding Stuffs) Regulations 1973 are revoked.
John Moore
Secretary of State for Social Services
26th May 1988
Sanderson of Bowden
Minister of State, Scottish Office
25th May 1988
Peter Walker
Secretary of State for Wales
26th May 1988
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th May 1988.
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 2nd day of June 1988.
F. A. Elliot
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 6th day of June 1988.
David M. Carnson
Under Secretary


text:
Citation, interpretation and effect
1
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 1) Order 1988.
2
In this Order “ the Act ” means the Education Reform Act 1988.
3
Articles 2 to 5 have effect for bringing the provisions specified into effect in relation only to secondary schools.
Coming into force of certain provisions of the Act
2
Section 26 of the Act shall come into force —
a
for the purpose of enabling proposals to be made under subsections (4) to (6) for fixing the number of pupils in any age group which it is intended to admit to a secondary school in the school year beginning next after 4th August 1990 and for the purposes of subsections (7), (8) and (10), on 1st September 1989; and
b
for its remaining purposes (so far as they relate to secondary schools), on 4th August 1990.
3
Subsections (1) to (3) and (9) of section 27 and sections 28 and 32 of the Act shall come into force (so far as they relate to secondary schools) on 1st September 1988.
4
Subsections (4) to (8) of section 27 of the Act shall come into force —
a
for the purpose of enabling orders reducing any standard number applying to a secondary school to be made under subsection (5) and applications for such orders to be made as mentioned in subsection (6), on 1st September 1988;
b
for the purpose of enabling orders increasing any standard number applying to a secondary school to be made under subsection (5) and applications for such orders to be made as mentioned in subsection (7), on 1st September 1989; and
c
for their remaining purposes (so far as they relate to secondary schools) on 4th August 1990.
5
1
Subsection (1) of section 31 of the Act shall come into force (so far as it relates to secondary schools) on 4th August 1990.
2
Subsection (2) of section 31 of the Act shall come into force (so far as it relates to the publication of admission arrangements for secondary schools for the school year beginning next after 4th August 1990 and subsequent school years) on 1st September 1989.
6
Section 30 of the Act shall come into force on 1st September 1988.
Transitional provisions
7
For the purposes of —
a
proposals made under subsections (4) to (6) and (10) of section 26 of the Act for fixing the number of pupils in any age group which it is intended to admit to a secondary school in the school year beginning next after 4th August 1990, and of subsections (7) and (8) of that section, where such a proposal is made; and
b
applications made under subsection (7) of section 27 of the Act for an order under subsection (5) of that section increasing any standard number which would otherwise apply to a secondary school in that school year, and of any such order made on such an application,
subsection (1) of section 27 shall have effect as if for the words “in the school year” in paragraph (b) of that subsection there were substituted the words “at the beginning of the school year”.
8
For the purposes of applications made at any time before 4th August 1990 under subsection (6) of section 27 of the Act for an order reducing a standard number which would otherwise apply to a secondary school in the school year beginning next after 4th August 1990, and of any such order made on such an application, section 27 shall have effect as if the standard number applying to the school for the age group in question in the school year beginning next after 4th August 1990 were the standard number applying to the school for the age group in question under section 15 of the Education Act 1980 in the school year in which the application is made.
9
Where —
a
an application for an order under section 27(5) reducing a standard number has been made before 31st May 1990, and
b
the Secretary of State has not before that date either made or refused to make an order on the application,
the standard number applying to the secondary school in question for any age group to which the application relates in the school year beginning next after 4th August 1990 shall be the number of pupils in that age group admitted up to 31st May 1990 in the school year in which that date occurs.
Kenneth Baker
Secretary of State for Education and Science
15th August 1988


text:
1
The lengths of existing highway —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect that part of the main trunk road with other highways at the places stated in Schedule 2 to this Order (the highways along these routes being in this Order referred to as “the slip roads”) and shown by black vertical stripes on the deposited plan shall become trunk roads as from the date when this Order comes into force.
2
In this Order “the deposited plan” means the plan folio numbered HA10/2-/N213 marked “The (A174) Parkway Interchange to ICI Westgate Roundabout (Trunking) Order 1988”, containing 5 maps bound together and numbered 1-5 inclusive, with a key plan, signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Romney House, Marsham Street, London SW1P 3PY.
3
This Order shall come into force on 1st April 1988 and may be cited as the (A174) Parkway Interchange to ICI Westgate Roundabout (Trunking) Order 1988.
Signed by authority of the Secretary of State
J. A. Owen
Regional Director Northern Region
Department of Transport
18th January 1988


text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Health Education Authority) Order 1988 and shall come into force on 21st April 1988.
Designation as body subject to investigation
2
The Health Education Authority is hereby designated as an authority to which section 109 of the National Health Service Act 1977 (bodies subject to investigation by Health Service Commissioner) applies.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Scheme may be cited as the Farm Diversification Grant (Variation) Scheme 1988 and shall come into force on 1st October 1988.
2
The Farm Diversification Grant Scheme 1987 shall be varied in accordance with the following provisions of this Scheme.
3
In paragraph 5(2) thereof (restrictions on approval of farm diversification plans) there shall be inserted the following subparagraph —
e
proposed expenditure in relation to any work, facility or transaction —
i
which is of a kind specified in item 7(a) to (d) in Column 2 of the Schedule in respect of an ancillary farm business of a kind specified in paragraph 5 of Column 1 of the Schedule (provision of facilities for sports and recreation) or in respect of the letting of any land for the purposes of such a business; or
ii
which is of a kind specified in item 6(b) or (c) in Column 2 of the Schedule in respect of an ancillary farm business of a kind specified in paragraph 6 of Column 1 of the Schedule (provision of educational facilities relating to farming and the countryside and to farm-based industry) or in respect of the letting of any land for the purposes of such a business; or
iii
which is necessary or incidental to the carrying out of any work, facility or transaction of a kind mentioned in (i) and (ii) above for any of the purposes mentioned in (i) and (ii) above, where that work, facility or transaction is to be carried out on any set-aside land within the meaning of the Set-Aside Regulations 1988 .
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
2nd August 1988
We approve,
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Water Companies (Occupational Pension Schemes) Regulations 1988 and shall come into force on 1st September 1988.
Compulsory membership of statutory water company schemes
2
Section 27 of the Water Act 1973 shall have effect with the omission of subsection (5).
Nicholas Ridley
Secretary of State for the Environment
29th July 1988


text:
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) (No. 2) Order 1988 and shall come into force on 27th October 1988.
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985:
a
Abbey Life Mortgage Finance Limited,
b
Abbey Life Mortgage Loans Limited,
c
CIS Mortgage Maker Limited.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
19th September 1988
We consent,
David Lightbown
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
5th October1988


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment) Regulations 1988 and shall come into force on 27th May 1988.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Stamp Duty Reserve Tax Regulations 1986 .
Amendments to regulation 2 of the Principal Regulations
3
In regulation 2 of the Principal Regulations in the definition of “accountable person” for paragraph (a) there shall be substituted —
a
in relation to a charge under section 87 of the Act (“section 87”) —
i
if the person mentioned as B in section 87(1) is a market maker or broker and dealer, or if a broker and dealer is acting as an agent for B who is not a market maker or broker and dealer, the market maker or broker and dealer, and failing that
ii
if the person mentioned as A in section 87(1) is a market maker or broker and dealer, or if a broker and dealer is acting as an agent for A who is not a market maker or broker and dealer, the market maker or broker and dealer, and failing that
iii
if the person mentioned as B in section 87(1) is a qualified dealer, or if a qualified dealer is acting as an agent for B who is not a qualified dealer, the qualified dealer, and failing that
iv
if the person mentioned as A in section 87(1) is a qualified dealer, or if a qualified dealer is acting as an agent for A who is not a qualified dealer, the qualified dealer, and failing that
v
the person mentioned as B in section 87(1),
.
4
In regulation 2 of the Principal Regulations after the definition of “barrister” there shall be inserted —
“broker and dealer” has the same meaning as it has (for the time being) for the purposes of section 89 of the Act;
.
5
In regulation 2 of the Principal Regulations after the definition of “General Commissioners” there shall be inserted —
“market maker” has the same meaning as it has (for the time being) for the purposes of section 89 of the Act;
.
6
In regulation 2 of the Principal Regulations for the definition of “qualified dealer” there shall be substituted —
“qualified dealer” means a person who, not being a market maker or broker and dealer —
a
is an authorised person under Chapter III of Part I of the Financial Services Act 1986 , or
b
by virtue of paragraph 1 of Schedule 15 to that Act is to be treated as such a person;
.
Amendment to regulation 20(3) of the Principal Regulations
7
In regulation 20(3) of the Principal Regulations after the words “specified in” the word “the” shall be omitted.
Amendments to Part I of the Schedule to the Principal Regulations
8
In Part I of the Schedule to the Principal Regulations —
a
in the second column of the Table alongside “89(3)” in the first column there shall be inserted —
Before the word “rate” insert “prescribed”; omit the words “prescribed under subsection (2) above”; and for the words “the order” substitute “an order made under section 92(4) of the Act”.
;
b
in the second column of the Table in the modifications alongside “103(2)” in the first column for the words “in both places in which they occur” there shall be substituted “; and omit the words “covered by the assessment””.
Amendment to Part II of the Schedule to the Principal Regulations
9
In Part II of the Schedule to the Principal Regulations for subsection (3) of section 89 of the Taxes Management Act 1970 (as modified) there shall be substituted —
3
Any variation of the prescribed rate of interest shall apply to interest for periods beginning on or after the date when an order under section 92(4) of the Act is expressed to come into force, whether or not interest runs before that date.
.
Tony Durant
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
5th May 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1988 and shall come into force on 10th February 1988.
2
In this Order, “relevant Community provision” means any provision of a Regulation of the European Communities referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof opposite the reference to that Regulation.
Offences and penalties
2
If there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master of that boat shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the amount specified in column 4 of the Schedule to this Order opposite the reference to that provision in column 2; or
b
on conviction on indictment to a fine.
Recovery of fines
3
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 2 or 5 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 2 or 5 of this Order, the sheriff may —
a
issue a warrant for the poinding and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Article 114(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in that article.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of enforcing article 2 of this Order, a British sea-fishery officer —
a
may go on board any fishing boat to which a relevant Community provision applies and which is within British fishery limits;
b
may take with him, to assist him in performing his functions, any other person and any equipment or materials;
c
may require any such boat to stop and do anything else to enable him to board it;
d
may require the attendance of the master of the boat or any other person on board;
e
may require any person on board to assist him in the performance of his functions; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document; and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 2 of this Order has been committed within British fishery limits in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
Obstruction of officers
5
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 4 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 4 of this Order or intentionally obstructs any such officer in the exercise of any of those powers
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
6
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 4 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
7
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation
8
The Third Country Fishing (Enforcement) Order 1987 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th January 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
22nd January 1988
Peter Walker
Secretary of State for Wales
25th January 1988
Tom King
Secretary of State for Northern Ireland
25th January 1988


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (Transitional) Amendment Regulations 1988 and shall come into force on 31st March 1988.
Insertion of regulation 4A into the Housing Benefit (Transitional) Regulations 1987
2
After regulation 4 of the Housing Benefit (Transitional) Regulations 1987 (transitional provisions for the calculation of benefit) there shall be inserted the following regulation —
Payments on account of housing benefit
4A
1
In the circumstances specified in paragraph (2), payments on account of housing benefit may be made by an appropriate authority for any period ending on or before 30th June 1988 where in accordance with these Regulations —
a
a claim for housing benefit under the new scheme is made, or is treated as made, under regulation 2(1) or 2(2)(b) (transitional provision for claims); or
b
a claim for a rebate or an allowance is made under an old scheme under regulation 2(2)(a) or is calculated in accordance with the provisions of an old scheme under regulation 2(4).
2
A payment may be made under paragraph (1) where the claim has not been determined and it is impracticable for the appropriate authority to determine that claim within 14 days of the day on which it is made or treated as made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the authority requires and has requested.
3
Any payment on account of housing benefit made under paragraph (1) shall be of such amount as the appropriate authority considers reasonable having regard to such information as it has taken into account in assessing the claimant’s circumstances.
4
Where a payment is made under paragraph (1) a notice shall be served on the claimant to the effect that if, on subsequent determination of the claim, the claimant is not entitled to a rebate or an allowance under an old scheme or to housing benefit under the new scheme, or is entitled to an amount of such a rebate, allowance or benefit which is less than the amount of the payment on account, the whole of the amount paid on account or the excess of that amount over the entitlement to the rebate, allowance or benefit, as the case may be, shall be recoverable.
5
Without prejudice to any other method of recovery, any amount which is recoverable under paragraph (4) may be recovered by deduction from any housing benefit payable under the new scheme.
6
An amount which is recoverable under paragraph (4) may be recovered from any person from whom recovery may be sought under regulation 101 of the General Regulations (person from whom recovery may be sought) as though it were an overpayment of housing benefit under the new scheme.
7
Where on a subsequent determination the amount of rebate or allowance under an old scheme or the amount of housing benefit under the new scheme, as the case may be, is more than the amount paid on account under paragraph (1), future payments of housing benefit under the new scheme shall be increased to take account of the underpayment.
Modification of the Social Security Act 1986
3
Section 30(2)(a) of the Social Security Act 1986 (housing benefit finance) shall be modified by inserting after the words “housing benefit” the words “and any rebate or allowance within the meaning of the Social Security and Housing Benefits Act 1982”.
Signed by authority of the Secretary of State for Social Services
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
9th March 1988


text:
1
This Order may be cited as the Education (Recognised Awards) Order 1988 and shall come into force on 30th November 1988.
2
The awards which are specified in column 1 of the Schedule to this Order granted or to be granted by the person specified opposite in column 2 thereof are hereby designated as recognised awards for the purposes of section 214 of the Education Reform Act 1988.


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) Amendment Regulations 1988 and shall come into force on 1st February 1988.
Amendment of Regulations
2
1
The National Health Service (Charges to Overseas Visitors) ( No. 2) Regulations 1982 are amended in accordance with the following paragraphs of this regulation.
2
In regulation 3 (services exempted from charges), for paragraph (d) there is substituted the following paragraph —
d
at a special clinic for the treatment of sexually transmitted diseases or in respect of a sexually transmitted disease by virtue of a reference from such a clinic, but in the case of services which relate to infection with any Human Immunodeficiency Virus, only to the extent that they consist of a diagnostic test for evidence of infection with any such Virus and counselling associated with that test or its result;
.
3
In Schedule 3 (charges for services provided for overseas visitors otherwise than as in-patients) to columns (1), (2) and (3) there are added at the end the following entries set out in columns (1), (2) and (3) respectively —
Column (1) Column (2) Column (3) Services provided Hospital Class A — E Hospital Class F and G
SUPPLY OF DRUGS AND MEDICINES
11
For the supply of a drug or medicine which is designed to eliminate, prevent the replication of, or in any way inhibit the mode of action of, any Human Immunodeficiency Virus — for each quantity sufficient for one day’s treatment.
14.50 14.50
Signed by authority of the Secretary of State for Social Services.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Health and Social Security
6th January 1988


text:
1
This Order may be cited as the Estate Duty (Interest on Unpaid Duty) (No. 2) Order 1988 and shall come into force on 6th October 1988.
2
The rate of interest payable under the following enactments, namely —
a
section 18 of the Finance Act 1896 ;
b
section 61(5) of the Finance (1909 — 10) Act 1910 ; and
c
section 17(3) of the Law of Property Act 1925 and section 73(6) of the Land Registration Act 1925 ,
shall, as regards interest accruing on or after 6th October 1988, be 9 per cent per annum.
3
Section 8(9) of the Finance Act 1894 shall, as regards interest accruing on or after 6th October 1988, have effect with the substitution of the word “nine” for the word “eight”.
Alan Howarth
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 1988


text:
Citation and commencement
1
These Regulations may be cited as the Serious Fraud Office (Witnesses' etc. Allowances) Regulations 1988 and shall come into force on 21st November 1988.
Interpretation
2
In these Regulations, unless the context requires otherwise —
“appropriate officer” means any member of the Serious Fraud Office as may be designated by the Director for any of the purposes of these Regulations;
“interpreter” shall be construed in accordance with the qualification imposed by regulation 3(1)(b) below;
“professional witness” means a witness practising as a member of the legal or medical profession or as an accountant, dentist or veterinary surgeon; and
“relevant amount” shall be construed in accordance with regulation 4 below.
Scope of the Regulations and general provisions
3
1
Without prejudice to the power of the Director to allow more than the entitlements under these Regulations where he sees fit to do so, these Regulations provide for the entitlements to costs and expenses of —
a
a witness who attends court or elsewhere to give evidence at the instance of the Serious Fraud Office, whether he gives evidence or not; and
b
any other person who, in the opinion of the appropriate officer, necessarily attends court or elsewhere for the purpose of the prosecution case otherwise than to give evidence (including an interpreter, but only if he is required because of the lack of English of a person attending to give evidence at the instance of the Serious Fraud Office),
in any proceedings conducted by the Director in the discharge of his functions under Part I of the Criminal Justice Act 1987; but nothing in these Regulations gives an entitlement to a person who when called refuses to give evidence.
2
Such entitlements shall be the same for a person whether his attendance on any occasion is for the purpose of one case or more than one case.
3
Where a person claims an entitlement under these Regulations it shall be for the appropriate officer to satisfy himself of the person’s entitlement before authorising the claim to be met.
Determination of scales and rates of allowances
4
The scales or rates of the costs and expenses for which entitlements are provided under these Regulations shall be determined by the Attorney General with the consent of the Treasury; and in these Regulations a reference to an allowance of or not exceeding the relevant amount is a reference to an allowance of or not exceeding an amount calculated in accordance with the scales or rates so determined.
Allowances to professional witnesses for attendance
5
1
A professional witness shall be entitled for attending to give professional evidence on any day to receive a professional witness allowance, which may be either —
a
where the witness has necessarily incurred expenditure in providing a substitute professional person to take care of his practice during that day, a locum allowance of an amount equal to actual expenditure incurred not exceeding the relevant amount; or
b
where no claim is made under sub-paragraph (a) above, a compensatory allowance of the relevant amount.
2
This regulation does not apply to an expert witness attending to give expert evidence.
Overnight subsistence allowances to professional or expert witnesses and to interpreters
6
1
Any of the persons mentioned in paragraph (2) below whose attendance causes him to be necessarily absent from his place of residence overnight shall be entitled to receive an overnight subsistence allowance of the relevant amount in respect of each such night of absence.
2
The persons referred to in paragraph (1) above are —
a
a witness who receives an allowance under regulation 5 above;
b
an expert witness who attends to give expert evidence; and
c
an interpreter.
Allowances to witnesses, other than professional or expert, and to others for attendance
7
1
Any of the persons mentioned in paragraph (2) below whose attendance causes him —
a
to incur any expenditure (other than on travelling, lodging or subsistence) to which he would not otherwise be subject; or
b
to suffer any loss of earnings, or of benefit under the enactments relating to National Insurance, which he would otherwise have received,
shall be entitled to receive a financial loss allowance of an amount equal to the actual expenditure incurred or loss suffered not exceeding any relevant amount in respect of that expense or loss.
2
The persons referred to in paragraph (1) above are —
a
a witness who attends to give evidence (other than professional or expert evidence); and
b
any other person who, in the opinion of the appropriate officer, necessarily attends for the purpose of the prosecution case otherwise than to give evidence (excluding an interpreter).
Subsistence allowances to witnesses, other than professional or expert, and to others
8
1
Any of the persons mentioned in paragraph (3) below who attends court or elsewhere shall be entitled to a day subsistence allowance of the relevant amount or, if his attendance makes it necessary for him to stay overnight away from home, to an overnight subsistence allowance of the relevant amount for each night of absence.
2
An overnight subsistence allowance under paragraph (1) above shall be in respect of a period of 24 hours and a witness who receives such an allowance shall be entitled to a further allowance in respect of any period in excess of 24 hours which is not covered by such an allowance at the rate appropriate to a day subsistence allowance under that paragraph.
3
The persons referred to under paragraph (1) above are —
a
a witness who attends to give evidence (other than professional or expert evidence); and
b
any other person who, in the opinion of the appropriate officer, necessarily attends for the purpose of the prosecution case otherwise than to give evidence (excluding an interpreter).
Reimbursement of travelling expenses incurred by witnesses and others
9
1
Where a person who is entitled to an allowance under any of regulations 5 to 8 above travels to or from the place of his attendance by public transport (including by air) he shall, subject to paragraphs (2) and (3) below, be entitled to be reimbursed the fare actually paid.
2
Unless the appropriate officer for special reason authorises otherwise, only the standard fare shall be reimbursed under paragraph (1) above for travel by railway.
3
Where such person travels to or from such place by air his entitlement under paragraph (1) above to be reimbursed the fare actually paid arises only if, in the opinion of the appropriate officer —
a
there was no reasonable alternative to travel by air and the class of fare paid was reasonable in all the circumstances; or
b
travel by air was more economical in the circumstances (taking into account any savings of time resulting from the adoption of such mode of travel and its consequent effect in reducing the amount of allowances payable under other provisions of these Regulations).
4
Where such person travels to or from such place by a hired vehicle, he shall be entitled to be reimbursed in respect thereof —
a
in a case of urgency or where no public service is reasonably available, the amount of the fare and any reasonable gratuity paid; and
b
in any other case, the amount of the fare for travel by the appropriate public service.
5
Where such person travels to or from such place by a private motor vehicle, other than one in respect of which reimbursement under this paragraph is claimed by another person in respect of the same journey, he shall be entitled to be reimbursed in respect thereof —
a
in a case to which paragraph (6) below applies by payment of mileage at the “standard rate” determined under regulation 4 above and of any parking fee actually and reasonably incurred; and
b
in any other case, by payment of mileage at the “public transport rate” so determined.
6
This paragraph applies where a journey to or from such place is necessarily undertaken by private motor vehicle or where the use of the vehicle is more economical in the circumstances (taking into account the factors mentioned in parenthesis in paragraph (3)(b) above) or is otherwise reasonable.
Certain persons not to be entitled to allowances or travelling expenses
10
Notwithstanding anything contained in these Regulations, in the case of —
a
a member of, or special constable appointed or person employed for the purposes of, a police force, attending in his capacity as such;
b
a whole-time officer of an institution to which the Prison Act 1952 applies attending in his capacity as such;
c
an inmate of such an institution in respect of any occasion on which he is conveyed to attend at any place in custody,
there shall be no entitlement to any allowance or reimbursement of travelling expenses provided for by these Regulations.
P. B. B. Mayhew
Her Majesty’s Attorney General
5th October 1988
We approve.
D. Lightbown
T. Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
24th October 1988


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State is notified by the County Council of Leicestershire that the construction of the road to be known as Southern District Distributor Road has commenced.
2
In this Order: —
i
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the deposited plan”
means the plan numbered HA10/EM 51 marked “The A6 Trunk Road (The Leicester City Boundary to the Southern District Distributor Road) Detrunking Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the Trunk Road”
means the A6 Trunk Road.
3
This Order shall come into force on 20th May 1988 and may be cited as the A6 Trunk Road (The Leicester City Boundary to the Southern District Distributor Road) Detrunking Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
20th April 1988