text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Farm and Conservation Grant Regulations 1989 and shall come into force on 20th February 1989.
2
These Regulations shall apply to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture, including the storage, the transport and the preparation for market of the produce of the business;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” and references to farming shall be construed accordingly;
“the appropriate Minister” means–
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
“approved” means approved by the appropriate Minister in writing, and “approve” and “approval” shall be construed accordingly;
“contractor” means any person who enters into an agreement to supply agricultural work or services in connection with agricultural land;
“dairy cows” means cows which have calved and which by reason of their breed or suitability are exclusively or principally kept for the production of milk either for human consumption or for processing into milk products;
“designated maps” means–
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 3rd April 1984, signed and sealed by the appropriate Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the appropriate Minister and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY23 1NG;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the appropriate Minister and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“earned income”, in relation to an agricultural business, means the revenue of the business as assessed by the appropriate Minister, and in any such assessment the said revenue shall be taken to include net inventory changes and farmhouse consumption less remuneration of capital invested in the agricultural business and such charges and expenses as that Minister may consider reasonable;
“eligible agricultural business” has the meaning assigned to that expression by regulation 4;
“eligible person” has the meaning assigned to that expression by regulation 3;
“glasshouse” means a fixed or mobile structure, used for the production of horticultural produce for sale, which is mounted on durable foundations, is not less than 1.67 metres high at the ridge, and of which more than half the total area of the sides, ends and roof is of glass or such other translucent material as will give a durability and transparency similar to that of glass;
“horticultural produce” means–
fruit;
vegetables of a kind grown for human consumption, including fungi, but not including maincrop potatoes or peas grown for seed or for harvesting dry;
flowers, pot plants and decorative foliage;
herbs;
seeds (other than pea seeds), bulbs and other material, being seeds, bulbs or material for–
sowing or planting for the production of fruit, of the vegetables, flowers, plants or foliage mentioned in (b) and (c) above or of herbs, or
reproduction of the seeds, bulbs, or other material planted; or
trees and shrubs, other than trees grown for the purpose of afforestation;
but does not include hops;
“labour unit” means the amount of work, other than work done by a contractor who does not satisfy the requirements of regulation 3(3) except to the extent that such work is carried out by seasonal labour, which would in the opinion of the appropriate Minister occupy the full time, not exceeding 2,200 hours per year, of a full-time worker;
“less-favoured area” means land–
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2 of Council Directive No. 75/268/ EEC on mountain and hill farming and farming in certain less-favoured areas , and
which–
is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
is situated in the Isles of Scilly,
which land is within the area shaded blue or shaded pink on the designated maps;
“pig place”, for the purposes of regulation 6(3)(b), means the facilities necessary to house one fattening pig, save that where the herd includes breeding sows the facilities necessary to house one such sow shall be taken to be the equivalent of 6.5 pig places;
“preparation for market”, in relation to produce, does not include canning, bottling, pulping or cooking, or preserving by sterilising, by freezing or by de-hydrating;
“the 1980 Regulations ” means the Agriculture and Horticulture Development Regulations 1980 ;
“the 1981 Regulations ” means the Farm and Horticulture Development Regulations 1981 ;
“the 1985 Regulations ” means the Agriculture Improvement Regulations 1985 ;
“the 1985 Scheme ” means the Agriculture Improvement Scheme 1985 ;
“the 1989 Scheme ” means the Farm and Conservation Grant Scheme 1989 .
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.
Eligible persons
3
1
Subject to the provisions of these Regulations, the following classes of person shall be eligible for a grant under these Regulations–
a
an individual carrying on an eligible agricultural business if the appropriate Minister is satisfied that that individual or, as the case may be, the farm manager or other person through whom the business is carried on–
i
practises farming as his main occupation, in that not less than half of his annual income, calculated in accordance with the provisions of paragraph (2) below, is derived from agricultural activities relating to that business and the amount of time spent by him in those activities is more than 1,100 hours per year, and
ii
possesses sufficient agricultural skill and competence, in that he holds an appropriate certificate issued by a teaching establishment recognised for this purpose by that Minister or has been engaged in agricultural activities for not less than five years,
and if the individual carrying on that agricultural business submits an improvement plan in accordance with regulation 5, and undertakes, if that plan is approved, to carry it out and, for the duration of the plan, to keep accounts in accordance with regulation 11(1);
b
any person representing a body carrying on an eligible agricultural business if–
i
the appropriate Minister is satisfied that the farm manager or other person through whom the business is carried on practises farming as his main occupation, as specified in sub-paragraph (a)(i) above, and possesses sufficient agricultural skill and competence, as specified in sub-paragraph (a)(ii) above, and
ii
the said person representing the said body submits on behalf of the said body an improvement plan in accordance with regulation 5 and gives the undertakings required of an individual by sub-paragraph (a) above;
c
persons carrying on an eligible agricultural business in partnership if–
i
the appropriate Minister is satisfied that the farm manager or other person through whom the business is carried on practises farming as his main occupation, as specified in sub-paragraph (a)(i) above, and possesses sufficient agricultural skill and competence, as specified in sub-paragraph (a)(ii) above, and
ii
an improvement plan is submitted and the undertakings required of an individual by sub-paragraph (a) above are given on behalf of the partnership;
d
the owner of land occupied for the purposes of an eligible agricultural business who makes an application for approval of an improvement plan relating to such land jointly with one of the kinds of person eligible for grant under sub-paragraph (a), (b) or (c) above.
2
For the purposes of this regulation a person’s annual income shall be calculated in each case by reference to the financial year immediately preceding the day on which the improvement plan is submitted or such other period as the appropriate Minister shall determine, being a period which he is satisfied gives a fair indication of the normal amount of income of that person and the normal amount of income derived from agricultural activities in the business by that person.
3
Where a person eligible for grant under paragraph (1) above is a contractor, it shall be a further condition of eligibility that he has entered into a written agreement with the occupier of the land on which the eligible business is carried on which is expressed to continue in force for a period of not less than seven years from the day immediately preceding the day on which the improvement plan is submitted.
Eligible agricultural business
4
For the purposes of these Regulations an eligible agricultural business is an agricultural business as to which the appropriate Minister is satisfied that the earned income per labour unit reasonably required under the existing system of production is less than the reference income determined in accordance with regulation 14(a).
Improvement plans
5
1
An improvement plan submitted for approval shall be set out in such form as the appropriate Minister may from time to time require and the person submitting it shall furnish all such particulars and information relating thereto as the appropriate Minister may require, and in particular–
a
sufficient information to show that the person undertaking to carry out the plan is an eligible person and that the plan relates to an eligible agricultural business;
b
a description of that agricultural business at the time of submission of the plan for approval and of the land to which the plan relates;
c
a description of that agricultural business on completion of the plan in the form of an estimated budget, an estimate of the earned income per labour unit reasonably required in the carrying on of the business on completion of the plan and an estimate of the number of such labour units;
d
an indication of the measures to be taken and, in particular, of the investments to be made, in order to achieve the aim of the plan and a list of any agreements to purchase land or take land on lease made in order to achieve an increase in the area of land occupied for the purposes of the agricultural business to which the plan relates.
2
The duration of an improvement plan shall be such period as is specified in the plan, being a period not exceeding six years from the date of approval of the plan.
Restrictions on approval of improvement plans
6
1
An improvement plan shall not be approved under these Regulations unless the appropriate Minister is satisfied that the investments to be made under the plan are justified from the point of view of the situation of the agricultural business and its economy and that completion of the plan will bring about a lasting and substantial improvement of that situation, and in particular of the income per labour unit reasonably required in the carrying on of the business.
2
An improvement plan shall not be approved under these Regulations unless the appropriate Minister is satisfied that if it is completed–
a
the agricultural business to which it relates may reasonably be expected to achieve an earned income per labour unit which amounts to not more than 120 per cent. of the aggregate of–
i
the reference income determined in accordance with regulation 14(a) in respect of the calendar year in which the plan is submitted for approval or such other year as that Minister may for that purpose allow, and
ii
annual increases at least equal to the annual percentage increases determined in accordance with regulation 14(b) in respect of each of the remaining calendar years in the period during which the plan is to be carried out (if any); and
b
not less than half a labour unit may reasonably be expected to be required in the carrying on of the agricultural business to which the plan relates.
3
The appropriate Minister shall not approve for the purposes of grant an improvement plan in so far as it includes–
a
proposed expenditure amounting in aggregate to less than £1,500;
b
proposed expenditure in connection with the breeding or keeping of pigs where that expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 1(b), 6(b), 7(a), 8 or 9(a) or (b) in column 1 of Schedule 1 unless the application for approval of the plan which includes that expenditure is received before 1st January 1991 and that Minister is satisfied–
i
that the effect of the expenditure will not be to provide for an increase of more than 300 pig places on the land occupied for the purposes of the agricultural business to which the plan relates;
ii
that after completion of the work, facility or transaction, the number of pig places on that land will not exceed 800; and
iii
that the plan provides that on its completion not less than 35 per cent. of the feeding stuffs required for the pigs kept on the land occupied for the purposes of the agricultural business to which the plan relates can be produced from that land;
c
proposed expenditure in connection with the keeping or breeding of poultry or the production of eggs;
d
proposed expenditure in connection with the breeding or keeping of dairy cows unless that Minister is satisfied that the effect of such expenditure will not be to exceed the reference quantity, increased where appropriate by the additional reference quantity, determined in accordance with Council Regulation (EEC) No. 857/84 adopting general rules for the application of the levy referred to in Article 5c of Council Regulation (EEC) No. 804/68 in the milk and milk products sector, and–
i
that such expenditure will not make possible an increase in the number of dairy cows kept on the land occupied for the purposes of the agricultural business to which the plan relates on completion of the plan to more than 40 dairy cows per labour unit reasonably required for that business under the system of production then existing up to a maximum of 1.5 labour units, or
ii
in the case of an agricultural business which in the opinion of that Minister reasonably requires more than 1.5 labour units under the existing system of production and in the carrying on of which dairy cows were kept at the date of submission of the plan, or of the variation thereto, for approval, that such expenditure will not make possible an increase of more than 15 per cent. in the number of dairy cows so kept at that date;
e
proposed expenditure amounting in aggregate to more than £74,000 unless the excess expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 2;
f
proposed expenditure which, in the opinion of the appropriate Minister, would in any six-year period exceed the amount permitted in accordance with sub-paragraph (e) above when added to other expenditure–
i
which has been incurred in the six-year period in question, and
ii
which is included in any previous improvement plan, relating to the same agricultural business, approved under these Regulations or the 1985 Regulations or towards which grant is payable or has been paid under the 1985 Scheme or the 1989 Scheme;
g
proposed expenditure amounting in aggregate to more than £35,000 for each labour unit which, in the opinion of the appropriate Minister, can reasonably be expected to be required at the completion of the plan unless the excess expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 2;
h
proposed expenditure which, in the opinion of the appropriate Minister, would in any six-year period exceed the amount permitted per labour unit in accordance with sub-paragraph (g) above when added to other expenditure–
i
which has been incurred in the six-year period in question, and
ii
which is included in any previous improvement plan, relating to the same agricultural business, approved under these Regulations or the 1985 Regulations or towards which grant is payable or has been paid under the 1985 Scheme or the 1989 Scheme.
4
An improvement plan shall not be approved under these Regulations if the greater part of the land affected by the plan–
a
has been affected by two previous improvement plans received within the preceding six years and approved under these Regulations or the 1985 Regulations, or
b
is the subject of a current development plan approved under the 1980 Regulations or the 1981 Regulations or a current improvement plan approved under these Regulations or the 1985 Regulations.
5
For the purposes of paragraph (3)(f) and (h) above “other expenditure” does not include expenditure incurred in respect of any work, facility or transaction–
a
of a kind specified in paragraph 9 in column 1 of Schedule 1 or paragraph 5 in column 1 of Schedule 1A to the 1985 Scheme;
b
of a kind specified in paragraph 9 in column 1 of Schedule 1 or paragraph 5 in column 1 of Schedule 2 to the 1989 Scheme;
c
of a kind specified in paragraph 5 in column 1 of Schedule 2 to these Regulations;
d
of a kind specified in paragraph 5 in column 1 of Schedule 2 to the 1985 Regulations.
6
Where the agricultural business to which the improvement plan relates includes the breeding or keeping of poultry or the production of eggs, work done in carrying on that part of the agricultural business shall be disregarded for the purposes of calculating the number of labour units under paragraph (3)(g) or (h) above.
7
The appropriate Minister may make the approval of an improvement plan under these Regulations subject to such conditions as he thinks fit.
Closing date for submission of improvement plans
7
The appropriate Minister shall not approve an improvement plan under these Regulations where the plan is received by him after 31st December 1994 or such later date as that Minister may in special circumstances permit.
Variation and withdrawal of improvement plans
8
The appropriate Minister may, on the written request of the person currently responsible for the carrying on of an agricultural business to which an improvement plan relates, vary or withdraw the approval of that plan where that Minister considers that there are exceptional circumstances warranting such a variation or withdrawal.
Improvement grants
9
1
Subject to the provisions of these Regulations, the appropriate Minister may make to any eligible person a grant towards expenditure incurred by him for the purposes of, or in connection with, the carrying on of an eligible agricultural business, being expenditure which–
a
has been incurred–
i
in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 10, 13 and 14 in column 1 of Schedule 1 or, in relation to the Isles of Scilly only, in column 1 of Schedule 2;
ii
on or after 1st December 1989 in respect of any work, facility or transaction of a kind specified in paragraph 11 or 12 in column 1 of Schedule 1; and
b
appears to the appropriate Minister to be of a capital nature or to have been incurred in connection with expenditure of a capital nature, and
c
is included in an improvement plan approved under these Regulations for that business and to be the reponsibility of that person.
2
The appropriate Minister may make the payment of grant under paragraph (1) above subject to such conditions as that Minister thinks fit, and any payment of grant under these Regulations may be made at such time as that Minister may determine.
3
Where it appears to the appropriate Minister that expenditure in respect of which a grant is claimed under paragraph (1) above has been incurred partly for purposes which are eligible for grant under that paragraph and partly for purposes which are not so eligible, that Minister may for the purposes of a grant under that paragraph treat as having been incurred for purposes which are so eligible so much of that expenditure as appears to that Minister to be referable to those eligible purposes.
Amounts of grant under regulation 9(1)
10
1
Subject to the provisions of this regulation and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 12 and 14 in column 1 of Schedule 1 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
2
Subject to the following provisions of this regulation and regulations 13 and 15, in the case of any such work, facility or transaction which, in the opinion of the appropriate Minister, is for the purposes of, or in connection with, the carrying on of an agricultural business situated in a less-favoured area, or that part of such a business which is so situated, the amount of grant so payable shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 3 of Schedule 1.
3
Subject to the provisions of paragraph (4) below and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
4
In the case of any work, facility or transaction which, in the opinion of the appropriate Minister, is for the purposes of, or in connection with, the carrying on of an agricultural business by–
a
a young farmer who fulfils the requirements specified in paragraph (5) below; or
b
a partnership in respect of which the requirements specified in paragraph (6) below are fulfilled;
the amount of grant payable under regulation 9(1) shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 or 3 of Schedule 1, or in column 2 of Schedule 2, as appropriate, increased by twenty-five per cent.
5
The requirements in relation to a young farmer are that he–
a
is less than forty years of age on the date on which an improvement plan relating to his agricultural business is submitted to the appropriate Minister;
b
is at that date the sole owner or sole tenant of the land on which the agricultural business to which the plan relates is carried on;
c
submits an improvement plan relating to his agricultural business to the appropriate Minister within five years of the date on which he became sole owner or tenant of the land on which the agricultural business to which the plan relates is carried on;
d
has not prior to that date been responsible for carrying on an agricultural business on land in the capacity of sole owner or sole tenant;
e
has not previously been responsible for carrying out an improvement plan under these Regulations or the 1985 Regulations or a development plan under the 1980 Regulations or the 1981 Regulations as an individual carrying on an eligible agricultural business or a person carrying on such a business in partnership or an owner of land occupied for the purposes of such a business; and
f
holds an appropriate certificate relating to the possession of agricultural skill and competence issued by an establishment recognised for that purpose by the appropriate Minister.
6
The requirements in relation to a partnership are–
a
that a partner in that partnership fulfils the requirements set out in paragraph (5)(a), (e) and (f) above, submits an improvement plan to the appropriate Minister within five years of the date on which he became an owner or tenant of the land on which the agricultural business to which the plan relates is carried on and has not prior to that date been responsible for carrying on an agricultural business on land in the capacity of sole owner or sole tenant;
b
that all other partners in the partnership fulfil the requirement of paragraph (5)(a) above in relation to the partnership business, except that this requirement shall not apply to a limited partner under the terms of a limited partnership agreement who takes no part in the management of the partnership business.
7
Where it appears to the appropriate Minister that expenditure towards which grant is payable under regulation 9(1) has been incurred for the purposes of, or in connection with, the carrying on of an agricultural business situated partly in a less-favoured area, the appropriate Minister may for the purpose of determining the amount of grant so payable towards that expenditure treat as having been incurred for, or in connection with, that part of the business situated in the less-favoured area so much of that expenditure as appears to that Minister to be referable to the carrying on of that part of the business.
8
Subject to paragraph (9) below, the amount of any grant payable under regulation 9(1) towards expenditure in respect of the carrying out or provision of any work, facility or transaction (including conservation or amenity works) which is not of a kind specified in any of paragraphs 1 to 12 in column 1 of Schedule 1 but is incidental to, or necessary or proper in, the carrying out or provision of any other work, facility or transaction which is of a kind so specified or for securing the full benefit thereof shall be calculated at the rate of grant appropriate to that other work, facility or transaction in accordance with the provisions of this regulation.
9
Subject to the provisions of regulations 13 and 15, in the case of expenditure incurred in relation to the Isles of Scilly in respect of any work, facility or transaction of a kind specified in column 1 of both Schedule 1 and Schedule 2, the amount of any grant payable under regulation 9(1) shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of Schedule 2, and paragraph (8) above shall not apply.
Accounts
11
1
The accounts referred to in regulation 3(1)(a) are accounts relating to an agricultural business to which an approved improvement plan relates, and the keeping of those accounts shall comprise–
a
the recording of the revenue and expenditure of the business, with supporting documents, and
b
the drawing up of an annual balance sheet of the assets and liabilities of the business.
2
The person currently responsible for the carrying on of an agricultural business to which an approved improvement plan relates shall furnish to the appropriate Minister such copies of the accounts specified in paragraph (1)(a) and (b) above as that Minister may require.
Claims for grant and closing dates for incurring certain expenditure
12
1
Subject to paragraph (2) below, any claim for a grant under these Regulations shall be made in such form and manner and at such time as the appropriate Minister may from time to time require, and the claimant for grant shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as that Minister may require.
2
The appropriate Minister shall not pay grant under these Regulations in respect of–
a
any work, facility or transaction of a kind specified in paragraph 10 in column 1 of Schedule 1 unless the claim for grant is received by him on or before 31st March 1994;
b
any work, facility or transaction of a kind specified in paragraph 11 or 12 in column 1 of Schedule 1 unless the claim for grant is received by him on or before 31st December 1993;
c
any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2 unless the claim for grant is received by him on or before 16th November 1994.
3
The appropriate Minister shall not pay grant under these Regulations in relation to any expenditure–
a
incurred on or after 1st January 1994 in respect of any work, facility or transaction of a kind specified in paragraph 10 in column 1 of Schedule 1;
b
incurred on or after 17th November 1993 in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2.
Standard costs
13
In such cases, and subject to such conditions, as the appropriate Minister may from time to time determine, the cost of any work, facility or transaction or the amount of any other cost or expenditure, shall, if the claimant so elects, be taken for the purpose of determining the amount of any grant payable under these Regulations as such standard cost or amount as that Minister may from time to time fix with the approval of the Treasury.
Reference income
14
For the purposes of these Regulations the appropriate Minister shall determine in respect of each calendar year–
a
a reference income per labour unit, which shall not exceed the average earnings of full-time workers in occupations other than agriculture;
b
a percentage increase in the reference income, having regard to the average annual increase during the preceding five years in the earnings of full-time workers in occupations other than agriculture after adjustment for changes in retail prices.
Reduction or withholding of grant
15
1
The appropriate Minister may reduce or withhold any grant payable under these Regulations in any case where–
a
assistance in respect of expenditure towards which such grant is claimed has been or may be given otherwise than under these Regulations, or
b
the carrying out or provision of the work, facility or transaction towards the expenditure on which such grant is claimed appears to that Minister to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Economic Community, or
c
he considers that the expenditure towards which such grant is claimed is excessive having regard to the work, facility or transaction carried out or provided to which the claim relates; or
d
the carrying out of the work, facility or transaction towards the expenditure on which such grant is claimed has been effected in a way which appears to that Minister to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.
2
Before reducing or withholding any grant under the provisions of paragraph (1)(c) or (d) above the appropriate Minister shall–
a
give to any person whose grant it is proposed to reduce or withhold a written notification of the reasons for the action proposed to be taken by that Minister; and
b
afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
c
consider the report by a person so appointed and supply a copy of the report to the person mentioned in sub-paragraph (a) above.
Revocation of approval and recovery of grant
16
If at any time after the appropriate Minister has approved an improvement plan or paid a grant under these Regulations it appears to that Minister–
a
that any condition subject to which the approval was given or the grant has been paid has not been complied with, or
b
that any work, facility or transaction in respect of expenditure on which a grant has been paid has been badly done or provided, or
c
that the person by whom the application for approval of the improvement plan or for the payment of grant was made gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect,
that Minister may revoke the approval, in whole or in part, and, where any payment has been made, may recover on demand an amount equal to the payment which has been so made or such part thereof as that Minister may specify; but before revoking an approval or making a demand under the preceding provisions of this regulation that Minister shall–
i
give to any person to whom any payment by way of such grant would be payable or from whom any such amount would be recoverable a written notification of the reasons for the action proposed to be taken by that Minister, and
ii
afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
iii
consider the report by a person so appointed and supply a copy of the report to the person mentioned in sub-paragraph (i) above.
False statements
17
If any person, for the purposes of obtaining for himself or any other person any grant under these Regulations, knowingly or recklessly makes a false statement, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Rights of entry
18
For the purposes of these Regulations and, in particular, for the purpose of securing that grants under these Regulations are made in proper cases only, any person duly authorised in that behalf by the appropriate Minister may, upon production if so required of his appointment or authority, at all reasonable times enter upon and inspect any land, and inspect any premises, plant or equipment in respect of which grant under these Regulations has been made or claimed.
Amendment of the 1985 Regulations
19
The 1985 Regulations shall be amended–
a
by inserting in regulation 7 thereof (closing dates for submission of improvement plans)–
i
in paragraph (3)(a) after the words “heated glasshouses)” the words “, any work, facility or transaction incidental thereto or necessary or proper in carrying it out or providing it or securing the full benefit thereof or the preparation of an improvement plan”;
ii
in paragraph (3)(b) at the end the words “and the plan is received by the appropriate Minister on or before 19th February 1989”;
b
by inserting in regulation 12(2) thereof (closing dates for claims) in sub-paragraph (b) after the words “heated glasshouses)” the words “or any work, facility or transaction incidental thereto or necessary or proper in carrying it out or providing it or securing the full benefit thereof”;
c
by substituting in column 1 of Schedule 1 thereto (eligible works, facilities and transactions) for paragraph 9 the following paragraph–
9
Provision, installation or replacement of heating systems (including boilers) in glasshouses and in durable plastic-clad structures designed and intended for the production of horticultural produce.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th February 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
19th February 1989


type: legislation

jurisdiction: UK

text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab Order 1989 and shall come into force on 9th June 1989.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Scales of fares
3
1
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following –
40
1
Subject to the following provisions of this paragraph, the fare payable for the hiring of a motor cab shall be according to the following scale –
a
a hiring charge of 40p, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 10.26 miles an hour, at the rate of 20p for 384 yards or, if the fare shown on the taximeter is £6.00 or more, thereafter at the rate of 20p for 256 yards, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 10.26 miles an hour, at a rate of 20p for 76.5 seconds or, if the rate shown in the taximeter is £6.00 or more, thereafter at the rate of 20p for 51 seconds.
2
In any case where the fare according to the scale prescribed in sub-paragraph (1) above is less than £1.00 the fare payable shall be £1.00, and in any other case where the fare exceeds a multiple of 20p by a sum which is less than 20p the fare payable shall be the next higher multiple of 20p.
.
2
Schedule E shall be omitted.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
11th May 1989


text:
Citation and commencement
1
This Order may be cited as the Registered Housing Associations (Accounting Requirements) (Amendment) Order 1989 and shall come into force on 1st April 1989.
Interpretation
2
In this Order“the principal Order ” means the Registered Housing Associations (Accounting Requirements) Order 1988 and expressions used in this Order have the same meaning as in the principal Order.
Application
3
This Order applies to the accounts of associations in relation to any period of account ending on or after the date when this Order comes in force.
Amendments to the principal Order
4
1
For article 10 of the principal Order there shall be substituted the following:
Constitution of the Rent Surplus Fund
10
1
The Rent Surplus Fund of an association required to maintain such a Fund shall be constituted and shown in the accounts according to the method set out in this article, and in this article“Fund” means Rent Surplus Fund.
2
The surpluses calculated in the manner determined under section 55(3) of the Housing Act 1988 shall be shown as such in the property revenue account.
3
The Fund shall be shown in the balance sheet, and the sums shown under paragraph (2) of this article shall be transferred to that Fund.
4
Where sums stand in the Fund in respect of previous periods, they shall be accumulated with any sums transferred to the Fund in respect of the period of account.
2
For the words“Grant Redemption Fund” there shall be substituted the words“Rent Surplus Fund” in the following provisions of the principal Order:
paragraph 5(d) of Schedule 1 (balance sheet);
Schedule 2 (income and expenditure account of an association which is not a co-ownership society) on each occasion where they occur;
Schedule 4 (property revenue account of an association which is not a co-ownership society) on both occasions where they occur; and
paragraph 2 of Schedule 7 (modified requirements for application to small associations).
3
In Schedule 3 (income and expenditure account of a co-ownership society), the words“less transfer to Grant Redemption Fund” shall be omitted.
4
In paragraph 5 of Schedule 7, for the words“section 53(3) of the 1985 Act” there shall be substituted the words“section 55(3) of the Housing Act 1988”.
Nicholas Ridley
Secretary of State for the Environment
2nd March 1989
Peter Walker
Secretary of State for Wales
6th March 1989
Malcolm Rifkind
Secretary of State for Scotland
2nd March 1989


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Shorthand Writers' Fees) 1989 and shall come into force on 12th June 1989.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Chapter II of the Schedule to the Act of Sederunt of 7th May 1935 , in the paragraphs specified in column 1 of the following table, for the figures specified in column 2, substitute the figures specified in column 3 of that table: —
TABLE
Column 1 Column 2 Column 3 (Old fees) (New fees)
1 £13.10 £13.69 1 £31.63 £33.05 1 £39.06 £40.82 2 £ 2.79 £ 2.92 3 £ 0.22 £ 0.23
Emslie
Lord President, IPD
Edinburgh
4th May 1989


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1989 and shall come into force on 8th November 1989.
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulations 4 to 9 shall apply as from8th November 1989 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments relating to Interpretation
3
In the Table in paragraph (2) of regulation 3 —
a
the meaning specified in column 2 for the expression “Community Directive, followed by a number” shall be amended by the substitution for the words “the reference to it means” of the words “the reference to the amending Directive includes a reference to”; and
b
the meaning specified in column 2 for the expression “the Community Recording Equipment Regulation” shall be substituted by the following — “Council Regulation ( EEC ) 3821/85 of 20th December 1985 on recording equipment in road transport , as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 .”
Amendment relating to compliance with Community Directives and ECE Regulations
4
In regulation 6(2) the word “or” immediately following sub-paragraph (b) shall be omitted and after sub-paragraph (c) there shall be added the following words —
; or
a sound level measurement certificate issued by the Secretary of State under regulation 4 of the Motorcycles (Sound Level Measurement Certificates) Regulations 1980 ;
.
Amendments relating to noise limits — motor cycles
5
In regulation 55(6) for “57(2)(a)” there shall be substituted “57(1A)(a)”.
6
In regulation 57 —
a
for paragraphs (1) and (2) and the Table in paragraph (2) there shall be substituted —
1
Save as provided in regulation 59, the requirements specified in paragraph (1A) apply to every motor vehicle first used on or after 1st April 1983 but not later than 31st March 1991 which is —
a
a moped; or
b
a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.
1A
The requirements referred to in paragraph (1) are that —
a
the vehicle shall be so constructed that its sound level does not exceed the relevant limit specified in column 2 of item 1 or 2 of the Table when measured under the conditions specified in column 3 in that item by the method specified in column 4 in that item using the apparatus prescribed in regulation 55(6); and
b
the device designed to reduce the exhaust noise meets the requirements specified in column 5.
TABLE
1B
Instead of complying with paragraph (1), a vehicle referred to in paragraph (1)(b) may comply at the time of its first use with Community Directive 78/1015 or 87/56.
2
Save as provided in regulation 59, the requirements specified in paragraph (2A) apply to every motor vehicle first used on or after 1st April 1991 which is —
a
a moped; or
b
a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.
2A
The requirements referred to in paragraph (2) are those mentioned in paragraph (1A) save that for the reference to item 1 or 2 of the Table there is substituted a reference to item 2 of the Table.
2B
Instead of complying with paragraph (2), a vehicle referred to in paragraph (2)(b) may comply at the time of its first use with Community Directive 87/56.
; and
b
paragraph (5) shall be omitted.
7
In regulation 58(2)(d) for “regulation 57(2)” there shall be substituted “regulation 57(1A) and (2A)”.
8
In regulation 59 for “57(2)” there shall be substituted “57(1A) and (2A)”.
9
In Table 1 of Schedule 2 after item 51 there shall be added the following item —
51A 87/56 18.12.86 L24, 27.1.87, p.42. The permissible sound level and exhaust system of motorcycles 78/1015
.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State
Department of Transport
10th October 1989


text:
1
These Regulations may be cited as the Car Tax (Amendment) Regulations 1989 and shall come into force on 8th September 1989.
2
In regulation 7 of the Car Tax Regulations 1985 –
a
at the end of paragraph (d)(iii), there shall be deleted the word “and”; and,
b
after the word “below”, in paragraph (e), there shall be inserted–
; and
f
all certificates held by him for the purposes of section 5A of the Act
.
Diana Seammen
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
11th August 1989


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) Regulations 1989 and shall come into force on the seventh day after the day on which it is made.
2
1
Section 97 of the Transport Act 1968 (installation and use of recording equipment) shall be amended as follows.
2
In subsection (1)–
a
the words from “unless” to the end of paragraph (c) shall become paragraph “(a)”, with paragraphs (a), (b) and (c) becoming sub-paragraphs “(i)”, “(ii)” and “(iii)” of that paragraph;
b
at the end of that paragraph there shall be inserted the following
, or
b
in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the Community Recording Equipment Regulation;
;
c
for the words “level 4” there shall be substituted the words “level 5”.
3
After subsection (1) there shall be inserted the following subsection–
1A
A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the Community Recording Equipment Regulation.
.
4
In subsections (2), (3) and (4), after the words “subsection (1)” there shall be inserted “(a)”.
3
After section 97A of the Transport Act 1968 (provisions supplementary to section 97) there shall be inserted the following section:–
Forgery, etc of seals on recording equipment
97AA
1
A person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 of this Act applies, shall be guilty of an offence.
2
A person guilty of an offence under subsection (1) above shall be liable–
a
on conviction on indictment, to imprisonment for a term not exceeding two years, or
b
on summary conviction, to a fine not exceeding the statutory maximum.
3
In the application of this section to England and Wales a person “forges” a seal if he makes a false seal in order that it may be used as genuine.
.
Signed by authority of the Secretary of State for Transport.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
16th November 1989


text:
1
This Order may be cited as the Gipsy Encampments (District of Blaby) Order 1989 and shall come into force on 6th October 1989.
2
The area of the District of Blaby is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
C. F. Patten
Secretary of State for the Environment
7th September 1989


text:
1
This Order may be cited as the Education (West Midlands College of Higher Education Higher Education Corporation) (Dissolution) Order 1989 and shall come into force on 1st April 1989 immediately after the transfer under sections 126 and 127 of the Act , as they apply in relation to the Corporation by virtue of the 1988 Order , have had effect.
2
In this Order–
“the Act” means the Education Reform Act 1988;
“the Corporation” means West Midlands College of Higher Education Higher Education Corporation;
“the 1988 Order” means the Education (Higher Education Corporations) Order 1988 ; and
“ the Polytechnic ” means the Polytechnic, Wolverhampton Higher Education Corporation.
3
1
The Corporation is hereby dissolved.
2
The property, rights and liabilities of the Corporation, including the property, rights and liabilities vested in the Corporation by section 126 of the Act as it applies in relation to the Corporation by virtue of the 1988 Order, are hereby transferred to and shall vest in the Polytechnic.
3
In particular any contract of employment which by virtue of section 127(2) of the Act, as it applies in relation to the Corporation by virtue of the 1988 Order, has effect as if originally made between the employee to which it relates and the Corporation shall have effect as if originally made between that employee and the Polytechnic.
4
Without prejudice to paragraph (3) above, all the Corporation’s rights, powers, duties and liabilities under or in connection with any contract to which that paragraph applies shall by virtue of that paragraph be transferred to the Polytechnic, and anything done before 1st April 1989 which is deemed by virtue of section 127(3)(b) of the Act to have been done by or in relation to the Corporation in respect of such a contract shall be deemed from 1st April 1989 to have been done by or in relation to the Polytechnic.
5
Paragraphs (3) and (4) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by those paragraphs.
Kenneth Baker
Secretary of State for Education and Science
9th March 1989


text:
1
This Order may be cited as the Fuel and Electricity (Control) Act 1973 (Continuation) (Jersey) Order 1989 and shall come into force on 30th November 1989.
2
Sections 1 to 8 of the Fuel and Electricity (Control) Act 1973, as it has effect in the Bailiwick of Jersey, shall continue in force for a period of one year beyond 30th November 1989, being the date on which they would otherwise expire.
G.I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Education (Pre-Scheme Financial Statements) Regulations 1989 and shall come into force on 29th March 1989.
2
In these Regulations:
“ the Act ” means the Education Reform Act 1988;
“authority” means local education authority and, in relation to such an authority, “the offices” means the education offices;
“expenditure of a capital nature” has the meaning given to it by section 51 of the Act;
“general expenditure amount” has the meaning given to it by section 50(5)(b) of the Act;
“LMS Unit” means the Local Management of Schools Unit, whose address for authorities in England is the Department of Education and Science, Elizabeth House, York Road, London SE1 7PH, and for authorities in Wales is the Welsh Office, Cathays Park, Cardiff CF1 3NQ;
references to the Annual Schools Census are references to the returns made by authorities to the Secretary of State under section 92 of the Education Act 1944 containing information as to the number of registered pupils at schools which they maintain;
references to the budget statement and to the outturn statement are references to the statements required to be provided by virtue of section 50(1) and (6) respectively of the Act;
references to relevant schools are references to schools required to be covered by a financial statement under section 50(4) of the Act; and
references to specific grant are references to grants made by the Secretary of State or the European Economic Community to authorities in respect of the provision by them of specified services related to education in relevant schools.
3
Expenditure of the following descriptions is prescribed for the purposes of section 50(5)(b)(iii) of the Act (other amounts to be deducted from the initial amount appropriated for meeting expenditure in respect of relevant schools, so as to arrive at the general expenditure amount) –
a
expenditure on –
i
central administration;
ii
inspectors and advisers;
iii
transport for pupils between home and school;
iv
school meals and milk;
v
costs to be incurred by the authority in respect of the dismissal or premature retirement, or for the purpose of securing the resignation, of any member of staff;
vi
peripatetic and advisory teachers (where not falling within subparagraphs (a) (ii) above or (b) below); and
vii
pupil support;
b
expenditure falling to be taken into account in determining specific grant; and
c
all other expenditure (other than expenditure of a capital nature) treated by the authority as not forming part of the direct costs of relevant schools.
4
1
The budget statement shall give particulars of the proportion of the amount referred to in section 50(5)(a) of the Act (the initial amount appropriated by the authority for meeting expenditure in the financial year in respect of all relevant schools) which is respectively attributable to primary, secondary and special schools.
2
The budget statement shall give the following particulars of the amounts deducted under section 50(5)(b):
a
the amount attributable to expenditure of a capital nature; and
b
the amounts respectively attributable to expenditure of each description set out in regulation 3(a) and (b) above;
such particulars being given in such a way as to show both the total of such amounts and such proportion of those amounts as is respectively attributable to primary, secondary and special schools.
3
The budget statement shall give a brief description of the basis on which the authority determine the share of the general expenditure amount for each relevant school and shall give particulars of the amount for each such school obtained by dividing that school’s share of the general expenditure amount by the number of full time equivalent pupils recorded in the Annual Schools Census for the January immediately preceding the financial year to which the statement relates (or by an estimate of the number of full time equivalent pupils in that month if the Annual Schools Census for that year is not available).
5
If the particulars required to be given in the budget statement are not expressed in terms of the estimated actual expenditure which the authority consider is likely to be incurred, that statement shall also give the totals of –
a
the general expenditure amount; and
b
the initial amount appropriated for meeting expenditure in that year in respect of relevant schools
in such terms.
6
The outturn statement shall give particulars of the amount of expenditure actually incurred by the authority in the financial year to which it relates on all those matters on which particulars are required to be given in the budget statement (whether by virtue of the Act or of these Regulations).
6
1
Each authority shall make a copy of the budget statement available from 1st April in the financial year to which the statement relates for inspection at their offices at all reasonable times by the governing body and head teacher of any relevant school which they maintain and shall send a copy to the governing bodies of all such schools and to the LMS Unit by 30th April in the financial year to which it relates.
2
Each authority shall send a copy of the outturn statement to the governing bodies of all relevant schools which they maintain and to the LMS Unit by 31st October in the year immediately following the financial year to which it relates.
Kenneth Baker
Secretary of State for Education and Science
3rd March 1989
Peter Walker
Secretary of State for Wales
8th March 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1989 and shall come into force on 6th December 1989.
2
In these Regulations–
“the approved list” means the list described in regulation 4 of the principal Regulations ;
“the principal Regulations” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 .
Amendments to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with Schedule 1 to these Regulations.
2
Regulation 4 of the principal Regulations as it will have effect after the coming into force of this regulation is set out in Schedule 2 to these Regulations.
Transitional provision
3
1
Subject to the following paragraphs of this regulation, where the Health and Safety Commission has approved a revision to the approved list to which this paragraph relates, that revision shall not come into effect for the purposes of the principal Regulations until 6th June 1990 but until that date a supplier or consignor may classify and label a substance to which the revision relates in accordance with that revision.
2
Paragraph (1) of this regulation shall relate to the revisions to the approved list introduced by the document approved by the Health and Safety Commission on 25th April 1989 and entitled “Revision No. 1 to the Approved List (Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition))”.
3
In any proceedings for an offence under the principal Regulations consisting of supplying or conveying by road before 6th December 1990 a dangerous substance in a receptacle or package, with a capacity of 25 litres or less, which does not comply with the requirements of those Regulations, it shall be a defence for the person charged to prove–
a
that if the substance had been supplied or, as the case may be, had been conveyed by road before 6th June 1990 no offence would have been committed;
b
that the substance was packaged and labelled before 6th June 1990 and had not been removed from the receptacle or the package, as the case may be, after that date; and
c
that it was not reasonably practicable either–
i
to relabel or repackage the substance before it was supplied, or conveyed by road, or
ii
to supply it or convey it by road on a date earlier than it was in fact supplied or conveyed by road.
Revocations
4
Regulation 2(3) of, and Schedule 2 to, the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1988 are hereby revoked.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
7th November 1989
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
7th November 1989
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
27th November 1989


text:
Title and commencement
1
This Order may be cited as the Lothian and Borders Regions and Midlothian and Ettrick and Lauderdale Districts (Brothershiels) Boundaries Amendment Order 1989, and shall come into force on 1st April 1989.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office marked “The Lothian and Borders Regions and Midlothian and Ettrick and Lauderdale Districts (Brothershiels) Boundaries Amendment Order 1989 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of Midlothian District at Brothershiels in Lothian Region, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Ettrick and Lauderdale District in Borders Region.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 44 (Mayfield/Gorebridge) of Lothian Region( ) and of ward 15 (Pathhead) of Midlothian District( ); and
b
shall form part of electoral division 8 (Galawater/Lauder) of Borders Region( ) and of ward 9 (Lauder) of Ettrick and Lauderdale District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
16th February 1989


text:
Citation and commencement
1
1
This Order may be cited as the River Hamble Harbour Revision Order 1989 and shall come into force on 12th December 1989.
2
The River Hamble Harbour Revision Orders 1969 and 1982 and this Order may be cited together as the River Hamble Harbour Revision Orders 1969 to 1989.
Amendment of article 12 of Order of 1969
2
In paragraph (2) of article 12 of the River Hamble Harbour Revision Order 1969 , after the word “Federation,” there shall be inserted the words “the River Hamble Boatyard and Marina Operators' Association,”.
Signed by authority of the Secretary of State for Transport
H B Wenban-Smith
An Under-Secretary,
Department of Transport
11th December 1989


text:
1
This Order may be cited as the Public Telecommunication System Designation (Birmingham Cable Limited) Order 1989 and shall come into force on 11th December 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary under Secretary of State,
Department of Trade and Industry
9th November 1989


text:
1
This Order may be cited as the Capital Allowances (Corresponding Northern Ireland Grants) Order 1989 and shall come into force on 1st April 1989.
2
The following grants, so far as they are made towards capital expenditure, are hereby declared to correspond to a grant made under Part II of the Industrial Development Act 1982 –
a
any grant made under Part III of the Industrial Development (Northern Ireland) Order 1982 being a grant at a rate not exceeding 45 per cent. of the expenditure, and being a grant made under an agreement entered into before 1st April 1991,
b
any grant made by the Local Enterprise Development Unit out of moneys granted under Article 30 of the Industrial Development (Northern Ireland) Order 1982, being a grant at a rate not exceeding 45 per cent. of the expenditure and being a grant made under an agreement entered into before 1st April 1991,
c
so much of any grant so made at a higher rate as is equal to 45 per cent. of the expenditure.
Stephen Dorrell
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) Regulations 1989 and shall come into force on 1st November 1989.
2
In these Regulations, “the Miscellaneous Provisions Regulations 1986” means the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986 .
Amendment of the Miscellaneous Provisions Regulations 1986
2
1
Regulation 7 of the Miscellaneous Provisions Regulations (savings in relation to the Social Security (General Benefit) Regulations 1982 ) shall be modified by
a
in paragraph (5), substituting for the words “section 59A of that Act”, the words “section 59A of that Act, or in a case to which section 59B of the 1975 Act applies (ending of entitlement to reduced earnings allowance) to retirement allowance payable under that section; and for the purposes of this provision the reference to retirement allowance includes a reference to a retirement allowance which would have been payable but for any failure to satisfy the requirement in subsection (2) of section 59B as to the weekly rate or aggregate weekly rate of reduced earnings allowance payable.”; and
b
in paragraph (6)(b) inserting after the words “section 59A” the words “or, as the case may be, section 59B”.
2
Regulation 13 of the Miscellaneous Provisions Regulations 1986 shall cease to have effect.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
4th October 1989


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grant) (St. Augustine’s School) Regulations 1989 and shall come into force on 29th May 1989.
Payment of grant
2
The Secretary of State may before 31st March 1990 pay a grant of such amount not exceeding £527,170 as he may determine to the governors of St. Augustine’s Church of England Junior Mixed and Infants School, Kilburn, London, (“the governors”) in respect of expenditure to be incurred by them on or in connection with the provision of premises for the purposes of the School.
Requirements to be observed
3
Where grant is paid under these Regulations the governors shall comply with such requirements (including requirements as to the repayment of grant) as may be specified by the Secretary of State.
John Butcher
Parliamentary Under Secretary of State
Department of Education and Science
2nd May 1989


text:
1
These Regulations, which extend to Great Britain, may be cited as the Construction Plant and Equipment (Harmonization of Noise Emission Standards) (Amendment) Regulations 1989, and shall come into force on 1st August 1989.
2
The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985 are hereby amended as follows:–
a
in regulation 2(1)–
i
at the end of the definition of “ EEC type-examination requirements” there shall be added “and, in the case of tower cranes manufactured on or after 1st August 1989 with an operator’s position fixed to the structure of the tower crane, the sound pressure level of airborne noise emitted at the operator’s position”;
ii
at the end of the definition of “Special Directives” there shall be added “and, in the case of tower cranes with an operator’s position fixed to the structure of the tower crane, the permissible sound pressure level of airborne noise emitted at the operator’s position” ;
b
in regulation 3(1), for “mark has” there shall be substituted “mark or marks have”;
c
in regulation 5(5), after “power” there shall be inserted “and pressure”;
d
in regulation 6–
i
in paragraph (1), after “mark” there shall be inserted “or marks”;
ii
in paragraph (3), for “The EEC Mark” there shall be substituted “An EEC Mark”;
iii
after paragraph 3 there shall be added the following–
4
In the case of a tower crane manufactured on or after 1st August 1989 with an operator’s position fixed to the structure of the tower crane an additional EEC mark shall be placed thereon indicating either–
i
the sound pressure level of airborne noise emitted at the operator’s position ascertained in accordance with the Special Directive relating to such tower cranes by the approved body or other body mentioned in Regulation 6(3)(i), or on a review of the decision of such body; or
ii
such sound pressure level so ascertained by the manufacturer if that sound pressure level is higher than that ascertained in accordance with Regulation 6(4)(i).
.
e
in Schedule 4 at the end there shall be added–
ADDITIONAL EEC MARK TO BE PLACED ON TOWER CRANES MANUFACTURED ON OR AFTER 1ST AUGUST 1989 WITH AN OPERATOR'S POSITION FIXED TO THE STRUCTURE OF THE TOWER CRANE, STATING THE SOUND PRESSURE LEVEL OF AIRBORNE NOISE EMITTED AT THE OPERATOR'S POSITION
(Note: The figure 84 is for purposes of illustration and represents the sound pressure level as mentioned in regulation 6(4))
Robert Atkins
Parliamentary Under-Secretary of State,
Department of Trade and Industry
5th July 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the schedule to this Order, which connects the Trunk Road with the Trunk Road (as improved) at the place stated in that schedule (the highway along this route being in this Order referred to as “the slip road”), shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the slip road is indicated by a heavy black line on the deposited plan.
3
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered RSE A23/2/65/2/10, marked “The London-Brighton Trunk Road (A23 Hickstead Slip Roads) (No 2) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the Trunk Road” means the London-Brighton Trunk Road (A23).
4
This Order shall come into force on 1st September 1989 and may be cited as the London — Brighton Trunk Road (A23 Hickstead Slip Roads) (No 2) Order 1989.
Signed by authority of the Secretary of State Department of Transport
D. Gruffydd Jones
Regional Director South East Region
27th July 1989


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980–
a
a special road along the route described in Schedule 1 to this Scheme (this special road being in this Scheme referred to as “the Motorway”), and
b
special roads along the routes described in Schedule 2 to this Scheme for the purposes of connecting the Motorway with other highways at the places stated in that schedule (these special roads being in this Scheme referred to as “the connecting roads”).
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme–
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan”
means the plan numbered HA16/1/CNW220 marked “The A6(M) Motorway (Stockport North–South Bypass) and Connecting Roads Scheme 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the special roads”
means the Motorway and the connecting roads.
5
This Scheme shall come into force on 22nd September 1989, and may be cited as the A6(M) Motorway (Stockport North–South Bypass) and Connecting Roads Scheme 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
25th August 1989


text:
Title and commencement
1
This Order may be cited as the City of Glasgow and East Kilbride Districts (Mid Lettrick Farm) Boundaries Amendment Order 1989, and shall come into force on 1st April 1989.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office marked “The City of Glasgow and East Kilbride Districts (Mid Lettrick Farm) Boundaries Amendment Order 1989 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of East Kilbride District containing an area of ground at Mid Lettrick Farm, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to the City of Glasgow District.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 67 (Calderwood/St Leonards) of Strathclyde Region( ) and of ward 1 (Maxwellton) of East Kilbride District( ); and
b
shall form part of electoral division 41 (Cambuslang/Halfway) of Strathclyde Region and of ward 66 (Halfway) of the City of Glasgow District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
16th February 1989


text:
1
M606 The Bradford (Oakenshaw–Staygate) Motorway Scheme 1967 (Revocation) Scheme 1988 is hereby confirmed.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme are deposited at the Department of Transport and at the offices of the City of Bradford Metropolitan Council, Room 102,1st Floor, City Hall, Bradford.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as M606 The Bradford (Oakenshaw–Staygate) Motorway Scheme 1967 (Revocation) Scheme 1988 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside
Department of Transport
6th March 1989


text:
1
This Order may be cited as the Finance Act 1989 (Savings-Related Share Option Schemes) (Appointed Day) Order 1989.
2
The day appointed for the coming into force of section 62(2) of the Finance Act 1989 is 1st September 1989.
David Lightbown
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th August 1989


text:
1
These Rules may be cited as the Young Offender Institution (Amendment) Rules 1989 and shall come into force on 1st April 1989.
2
The Young Offender Institution Rules 1988 shall be amended as follows:–
a
for rules 50 to 60 there shall be substituted–
Offences against discipline
50
An inmate is guilty of an offence against discipline if he–
1
commits any assault;
2
detains any person against his will;
3
denies access to any part of the young offender institution to any officer;
4
fights with any person;
5
intentionally endangers the health or personal safety of others or, by his conduct, is reckless whether such health or personal safety is endangered;
6
intentionally obstructs an officer in the execution of his duty;
7
escapes or absconds from a young offender institution or from legal custody;
8
fails–
a
to return to a young offender institution when he should return after being temporarily released under rule 6 of these Rules, or
b
to comply with any condition upon which he was so released;
9
has in his possession–
a
any unauthorised article, or
b
a greater quantity of any article than he is authorised to have;
10
sells or delivers to any person any unauthorised article;
11
sells or, without permission, delivers to any person any article which he is allowed to have only for his own use;
12
takes improperly any article belonging to another person or to a young offender institution;
13
intentionally or recklessly sets fire to any part of a young offender institution or any other property, whether or not his own;
14
destroys or damages any part of a young offender institution or any other property other than his own;
15
absents himself from any place where he is required to be or is present at any place where he is not authorised to be;
16
is disrespectful to any officer or any person visiting a young offender institution;
17
uses threatening, abusive or insulting words or behaviour;
18
intentionally fails to work properly or, being required to work, refuses to do so;
19
disobeys any lawful order;
20
disobeys or fails to comply with any rule or regulation applying to him;
21
in any way offends against good order and discipline;
22
a
attempts to commit,
b
incites another inmate to commit, or
c
assists another inmate to commit or to attempt to commit any of the foregoing offences.
Disciplinary charges
51
1
Where an inmate is to be charged with an offence against discipline, the charge shall be laid as soon as possible and, save in exceptional circumstances, within 48 hours of the discovery of the offence.
2
An inmate who is to be charged with an offence against discipline may be kept apart from other inmates pending adjudication.
3
Every charge shall be inquired into, in the first instance, by the governor.
4
Every charge shall be first inquired into not later, save in exceptional circumstances, than the next day, not being a Sunday or public holiday, after it is laid.
Rights of inmates charged
52
1
Where an inmate is charged with an offence against discipline, he shall be informed of the charge as soon as possible and, in any case, before the time when it is inquired into by the governor.
2
At any inquiry into charge against an inmate he shall be given a full opportunity of hearing what is alleged against him and of presenting his own case.
Governor’s punishments
53
1
If he finds an inmate guilty of an offence against discipline the governor may, subject to rule 60 of these Rules, impose one or more of the following punishments:
a
caution;
b
forfeiture for a period not exceeding 14 days of any of the privileges under rule 7 of these Rules;
c
removal for a period not exceeding 14 days from any particular activity or activities of the young offender institution, other than education, training courses, work and physical education in accordance with rules 34, 35, 36, 37 and 38 of these Rules;
d
extra work outside the normal working week for a period not exceeding 14 days and for not more than 2 hours on any day;
e
stoppage of earnings for a period not exceeding 14 days;
f
confinement to a cell or room for a period not exceeding 3 days;
g
removal from his wing or living unit for a period not exceeding 14 days;
h
forfeiture of remission of sentence of a period not exceeding 28 days.
2
If an inmate is found guilty of more than one charge arising out of an incident punishments under this rule may be ordered to run consecutively.
Referrals to the Board of Visitors
54
1
Where, at an inquiry held pursuant to rule 51(3) of these Rules, the governor decides that, if the inmate were found guilty, the punishments provided under rule 53 of these Rules would, having regard to the nature and circumstances of the offence, be inadequate, he may refer the charge to the board of visitors.
2
Where a charge is referred to the board of visitors under this rule, the chairman thereof shall summon a special meeting at which not more than 5 nor fewer than 2 members shall be present.
3
The board so constituted shall inquire into the charge, and, if they find the inmate guilty, may, subject to rule 60 of these Rules, impose one or more of the following punishments:
a
caution;
b
forfeiture for a period not exceeding 28 days of any of the privileges under rule 7 of these Rules;
c
removal for a period not exceeding 28 days from any particular activity or activities of the young offender institution other than training courses, work, education and physical education in accordance with rules 34, 35, 36, 37 and 38 of these Rules;
d
extra work outside the normal working week for a period not exceeding 28 days and for not more than 2 hours on any day;
e
stoppage of earnings for a period not exceeding 28 days;
f
confinement to a cell or room for a period not exceeding 7 days;
g
removal from his wing or living unit for a period not exceeding 28 days;
h
forfeiture of remission of sentence of a period not exceeding 90 days.
4
The Secretary of State may require any charge to which this rule applies to be referred to him, instead of to the board of visitors, and in that case an officer of the Secretary of State (not being an officer of a young offender institution) shall inquire into the charge and, if he finds the inmate guilty, may, subject to rule 60 of these Rules, impose one or more of the punishments listed in paragraph (3) of this rule.
5
If an inmate is found guilty of more than one charge arising out of an incident, punishments may be ordered to run consecutively, but, in the case of forfeiture of remission of sentence, the total period forfeited shall not exceed 135 days.
Stoppage of earnings
55
A punishment of stoppage of earnings may, instead of forfeiting all an inmate’s earnings for a specified period not exceeding 14, 28 or 56 days, as the case may be, be expressed so as to forfeit a proportion (not being less than one-half) of his earnings for a specified period not exceeding a correspondingly greater number of days.
Confinement to a cell or room
56
1
No punishment of confinement to a cell or room shall be imposed unless the medical officer has certified that the inmate is in a fit state of health to be so dealt with.
2
No cell or room shall be used as a detention cell or room for the purpose of a punishment of confinement to a cell or room unless it has been certified by an officer of the Secretary of State (not being an officer of a young offender institution) that it is suitable for the purpose; that its size, lighting, heating, ventilation and fittings are adequate for health; and that it allows the inmate to communicate at any time with an officer.
Removal from wing or living unit
57
Following the imposition of a punishment of removal from his wing or living unit, an inmate shall be accommodated in a separate part of the young offender institution under such restrictions of earnings and activities as the Secretary of State may direct.
Suspended punishments
58
1
Subject to any directions of the Secretary of State, the power to impose a disciplinary punishment (other than a caution) shall include a power to direct that the punishment is not to take effect unless, during a period specified in the direction (not being more than 6 months from the date of the direction), the inmate commits another offence against discipline and a direction is given under paragraph (2) below.
2
Where an inmate commits an offence against discipline during the period specified in a direction given under paragraph (1) above, the person or board dealing with that offence may–
a
direct that the suspended punishment shall take effect; or
b
reduce the period or amount of the suspended punishment and direct that it shall take effect as so reduced; or
c
vary the original direction by substituting for the period specified therein a period expiring not later than 6 months from the date of variation; or
d
give no direction with respect to the suspended punishment.
Remission and mitigation of punishments and quashing of findings of guilt
59
1
The Secretary of State may quash any finding of guilt and may remit a disciplinary punishment or mitigate it either by reducing it or by substituting a punishment which is, in his opinion, less severe.
2
Subject to any directions of the Secretary of State, the governor may remit or mitigate any punishment imposed by a governor and a board of visitors may remit or mitigate any punishment.
Adult female inmates: disciplinary punishments
60
1
In the case of a female inmate aged 21 years or over who is serving a sentence of imprisonment or who has been committed to prison for default–
i
rule 53 of these Rules shall not apply, but the governor may, if he finds the inmate guilty of an offence against discipline, impose one or more of the following punishments:
a
caution;
b
forfeiture for a period not exceeding 28 days of any of the privileges under rule 7 of these Rules;
c
removal for a period not exceeding 14 days from any particular activity or activities of the young offender institution, other than education, training courses, work and physical education in accordance with rules 34, 35, 36, 37 and 38 of these Rules;
d
extra work outside the normal working week for a period not exceeding 14 days and for not more than 2 hours on any day;
e
stoppage of earnings for a period not exceeding 28 days;
f
confinement to a cell or room for a period not exceeding 3 days;
g
forfeiture of remission of sentence of a period not exceeding 28 days;
ii
rule 54(3) of these Rules shall not apply, but if the board of visitors find the inmate guilty of an offence against discipline, they may impose one or more of the following punishments–
a
caution;
b
forfeiture for any period of the privileges under rule 7 of these Rules;
c
stoppage of earnings for a period not exceeding 56 days;
d
confinement to a cell or room for a period not exceeding 56 days;
e
forfeiture of remission of sentence of a period not exceeding 120 days.
2
An officer of the Secretary of State acting under rule 54(4) of these Rules may, if he finds an inmate to whom this rule applies guilty of an offence against discipline, impose one or more of the punishments specified in sub-paragraph (ii) above.
3
If an inmate is found guilty of more than one charge arising out of an incident, punishments under this rule may be ordered to run consecutively, but in the case of forfeiture of remission of sentence, the total period forfeited shall not exceed 180 days.
;
b
in rule 73–
i
after the words“Prison Act 1952 shall” in paragraph (1) there shall be inserted“subject to paragraph (1A) below,”,
ii
after paragraph (1) there shall be inserted–
1A
The Secretary of State may terminate the appointment of a member if satisfied that–
a
he has failed satisfactorily to perform his duties,
b
he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties, or
c
he has been convicted of such a criminal offence, or his conduct has been such, that it is not in the Secretary of State’s opinion fitting that he should remain a member.
, and
iii
for paragraphs (3) and (4) there shall be substituted–
3
Subject to paragraph (2) above, at their first meeting in any year of office the Board shall appoint one of their members to be chairman and one to be vice-chairman for that year and thereafter shall fill any casual vacancy in either office promptly.
4
The vice-chairman’s term of office shall come to an end when, for whatever reason, that of the chairman comes to an end.
;
c
there shall be deleted from rule 75(4) the words from“knowledge” to the end.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
6th March 1989


text:
1
These Regulations, which extend to Great Britain, may be cited as the Self-Propelled Industrial Trucks (EEC Requirements) (Amendment) Regulations 1989, and shall come into force on 18th July 1989.
2
The Self-Propelled Industrial Trucks (EEC Requirements) Regulations 1988 are hereby amended as follows: —
a
in regulation 2(1) —
i
at the end of the definition of “certificate of conformity” there shall be added “and (if the truck was manufactured on or after 18th July 1989) the Commission Directive”;
ii
after the definition of “certificate of conformity” there shall be inserted ““Commission Directive” means the Directive adopted by the Commission of the Communities which adapts the Special Directive to the requirements of technical progress” ;
iii
at the end of the definition of “EEC tests” there shall be added “and (if the truck was manufactured on or after 18th July 1989) in the Annex of the Commission Directive”;
b
in regulation 6(2), after “the Special Directive” there shall be inserted “and, in the case of a truck manufactured on or after 18th July 1989, of the Annex of the Commission Directive”;
c
in regulations 7, 8(1), (3), (4) and 10(1), after “the Special Directive” there shall be inserted “and (if the truck was manufactured on or after 18th July 1989) the Commission Directive”;
d
in regulation 8(5)(a), after “the Special Directive” there shall be inserted “or the Commission Directive”; and
e
in Schedule 3, after “(86/663/EEC)” there shall be added “[and to the requirements of the Directive adopted by the Commission of the Communities which adapts the Special Directive to the requirements of technical progress ( 89/240/EEC )*]” and there shall be added at the foot of the page the following —
“*The words in square brackets to be included if the truck was manufactured on or after 18th July 1989”.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
21st June 1989


text:
1
This Order may be cited as the Water Authorities (Successor Companies) Order 1989 and shall come into force on 9th August 1989.
2
The company mentioned in the Schedule hereto in relation to a water authority which is so mentioned is hereby nominated as the successor company to that authority.
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
8th August 1989
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State,
Department of the Environment
8th August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Set-Aside (Amendment) Regulations 1989 and shall come into force on the day after the day on which these Regulations are made.
Amendment of the Set-Aside Regulations 1988
2
The Set-Aside Regulations 1988 shall be amended in accordance with regulations 3 to 9 below.
3
In regulation 2(1) thereof (interpretation)–
a
in the definition of “arable land” there shall be inserted at the end the words “or for rotational fallow”;
b
in the definition of “eligible person” the words “comprising arable land” shall be omitted;
c
there shall be inserted after the definition of “eligible person” the following definition–
“grazing land” does not include land grazed by horses unless they are kept for food or use in the farming of land;
;
d
in the definition of “the set-aside area” the word “arable” shall be omitted;
e
in the definition of “the set-aside obligations” there shall be inserted in paragraph (a) after the words “regulation 3” the words “or 12”;
f
there shall be substituted for the definition of “to set aside” the following definition–
“to set aside” means, in relation to land, to withdraw it from agricultural production;
.
4
In regulation 3 thereof (aid for set-aside of arable land)–
a
in paragraph (1) there shall be substituted for sub-paragraph (a) the following sub-paragraph–
a
to set aside on his holding an area of land which–
i
is arable land or temporary grassland at the time the undertaking is given;
ii
was arable land in the reference period; and
iii
is equal in size to at least 20 per cent of the relevant arable land on that holding in the reference period but does not exceed an area equal in size to such relevant arable land; and
;
b
in paragraph (2)–
i
in sub-paragraph (a) there shall be inserted after the words “arable land” (where they first occur) the words “or temporary grassland”;
ii
in sub-paragraph (b) there shall be inserted after the words “paragraph (1)(b)” the words “(ii) to (iv)”;
c
in paragraph (3)–
i
there shall be inserted after the words “arable land” (where they first occur) the words “or temporary grassland”;
ii
in sub-paragraph (a) the word “arable” shall be omitted;
iii
in sub-paragraph (b) there shall be inserted after the words “paragraph (1)(b)” the words “(ii) to (iv)”;
iv
in sub-paragraph (c) there shall be substituted for the words “the acquired arable land” the words “that acquired land”.
5
In regulation 5(2) thereof (applications for aid) the word “arable” shall be omitted.
6
In regulation 11(1) thereof (change of use of set-aside land) there shall be inserted after the words “regulation 3(1)(b)” the words “(ii) to (iv)”.
7
In regulation 12(2)(a) thereof (change of occupation) there shall be inserted after the words “arable land” the words “or temporary grassland”.
8
In Schedule 1 thereto (arable crops)–
a
there shall be inserted in List A at the end the following crops–
Forage roots and tubers, except potatoes
Lucerne/alfalfa, except when grown as part of a grass mixture
Sainfoin, except when grown as part of a grass mixture
Clover, except when grown as part of a grass mixture
Lupins
Vetches, except when grown as part of a grass mixture
Fodder kale
Fodder rape
Fodder maize
Seed of a kind listed under the heading Gramineae (Grasses) in Schedule 1 to the Fodder Plant Seeds Regulations 1985 where the crop from which the seed is obtained has been the subject of an official examination within the meaning of those Regulations
;
b
there shall be omitted from List B the words from “Forage roots and tubers” to the end.
9
In Schedule 2 thereto (requirements relating to the management of set-aside land) there shall be inserted after paragraph 7 the following paragraph–
7A
Notwithstanding the requirements in paragraphs 6 and 7 above, the appropriate Minister may authorise a beneficiary to apply an inorganic fertiliser to any land to which the requirements in this Schedule apply where he is satisfied that the land is located in an area normally used as a feeding-ground by over-wintering migratory geese. The beneficiary shall manage any land to which an inorganic fertiliser is applied pursuant to such authorisation in such a way as to provide a feeding-ground for such geese.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st June 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
21st June 1989


text:
1
This Order may be cited as the Housing Act 1988 (Commencement No. 3) Order 1989.
2
Sections 122 and 124, and, in so far as it relates to paragraph 41 of Schedule 17, section 140(1) of the Housing Act 1988 shall come into force on 10th March 1989.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
15th February 1989