text:
Citation and commencement
1
These Rules may be cited as the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1988 and shall come into force on 7th July 1988.
Interpretation
2
In these Rules, unless the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Town and Country Planning Act 1971 and —
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“ the Commission ” means the Historic Buildings and Monuments Commission for England;
“conservation area consent” means consent required by section 277A(2) ;
“development order” has the meaning assigned to it by section 24;
“document” includes a photograph, map or plan;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the Secretary of State under Schedule 9 to determine an appeal;
“the land” means the land or building to which an inquiry relates;
“listed building consent” has the meaning assigned to it by section 55(3A) ;
“local authority” has the meaning assigned to it by section 290(1);
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously;
“relevant date” means the date of the written notice informing the appellant and the local planning authority that an inquiry is to be held, and“relevant notice” means that notice;
“the 1974 Rules ” means the Town and Country Planning Appeals (Determination by Appointed Persons) (Inquiries Procedure) Rules 1974 ;
“section 29(3) party” means —
a person whose representations the inspector is required by the application of section 29(3) or by regulations under Part I of Schedule 11 to take into account in determining an appeal; and
a person whose representations the local planning authority were required by section 29(3) or those regulations to take into account in determining the application occasioning the appeal;
“statement of case” means a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence.
Application of Rules
3
1
These Rules apply in relation to any local inquiry held in England or Wales by an inspector before he determines —
a
an appeal to the Secretary of State in relation to planning permission under section 36 or under section 36 as applied by section 37 ;
b
an appeal to the Secretary of State in relation to listed building consent under paragraph 8 of Schedule 11 or under paragraph 8 as applied by paragraph 9 of that Schedule (including an appeal under one or both of those paragraphs as applied by section 56B(2) ), or in relation to conservation area consent under paragraph 8 or under paragraph 8 as applied by paragraph 9, as those paragraphs are applied by virtue of section 277A , including the application by that section of section 56B(2),
but do not apply in relation to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Inquiries Procedure) Rules 1988 or Rules superseded by those Rules , any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The local planning authority shall, on receipt of a notice informing them that an inquiry is to be held (“the relevant notice”), forthwith inform the Secretary of State and the appellant in writing of the name and address of any section 29(3) party who has made representations to them; and the Secretary of State shall as soon as practicable thereafter inform the appellant and the local planning authority of the name and address of any section 29(3) party who has made representations to him.
2
This paragraph applies where —
a
the Secretary of State or any local authority has given to the local planning authority a direction restricting the grant of planning permission for which application was made; or
b
in a case relating to listed building consent, the Commission has given a direction to the local planning authority pursuant to paragraph 6(2)(b) of Schedule 11 as to how the application is to be determined; or
c
the Secretary of State or any other Minister of the Crown or any government department or local authority has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions; or
d
any authority or person consulted in pursuance of a development order has made representations to the local planning authority about the application.
3
Where paragraph (2) applies, the local planning authority shall forthwith after the date of the relevant notice (“the relevant date”) inform the person or body concerned of the inquiry and, unless they have already done so, that person or body shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
Notification of identity of inspector
5
1
Subject to paragraph (2), the Secretary of State shall notify the name of the inspector to every person entitled to appear at the inquiry.
2
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the inquiry is held, the inspector holding the inquiry shall, at its commencement, announce his name and the fact of his appointment.
Service of statements of case etc.
6
1
The local planning authority shall, not later than 6 weeks after the relevant date, serve a statement of case on the Secretary of State, the appellant and any section 29(3) party.
2
Where rule 4(2) applies, the local planning authority shall —
a
include in their statement of case the terms of —
i
any direction given together with a statement of the reasons therefor; and
ii
any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
within the period mentioned in paragraph (1) supply a copy of their statement to the person or body concerned.
3
The appellant shall, not later than 9 weeks after the relevant date, serve a statement of case on the Secretary of State, the local planning authority and any section 29(3) party.
4
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within 4 weeks of being so required, on the appellant, the local planning authority, the Secretary of State and any (or any other) section 29(3) party.
5
The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (4) with a copy of the local planning authority’s and the appellant’s statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served.
6
The Secretary of State may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify.
7
Any person serving a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in it.
8
The Secretary of State shall transmit any statement of case served on him in accordance with this rule to the inspector.
9
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any statement or document which, or a copy of which, has been served on them in accordance with any of the preceding paragraphs of this rule, and of any statement so served by them together with a copy of any document, or of the relevant part of any document, referred to in it; and shall specify in the statement served in accordance with paragraph (1) the time and place at which the opportunity will be afforded.
Statements of relevant matters and pre-inquiry meetings
7
1
An inspector may, not later than 12 weeks after the relevant date, cause to be served on the appellant, the local planning authority and any section 29(3) party a written statement of the matters which appear to him to be likely to be relevant to his consideration of the appeal.
2
An inspector may hold a pre-inquiry meeting where he considers it desirable and shall arrange for not less than 14 days written notice of it to be given to the appellant, the local planning authority, any section 29(3) party, any other person known to be entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable.
3
The inspector shall preside at the pre-inquiry meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
Inquiry time-table
8
An inspector may at any time arrange a time-table for the proceedings at, or at part of, an inquiry and may at any time vary the time-table.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than 20 weeks after the relevant date; and where he considers it impracticable to fix a date in accordance with the preceding provisions of this paragraph, the date fixed shall be the earliest date after the end of the period mentioned which he considers to be practicable.
2
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 28 days written notice of the date, time and place for the holding of an inquiry to every person entitled to appear at the inquiry.
3
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the period of 20 weeks mentioned in paragraph (1); and paragraph (2) shall apply to the variation of a date as it applied to the date orginally fixed.
4
The Secretary of State may also vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
5
The Secretary of State may require the local planning authority to take one or more of the following steps —
a
to publish not less than 14 days before the date fixed for the holding of an inquiry in one or more newspapers circulating in the locality in which the land is situated such notice of the inquiry as he may direct;
b
to serve within such period as he may specify notice of an inquiry in such form and on such persons or classes of persons as he may specify;
c
to post within such period as he may specify such notice of an inquiry as he may direct in a conspicuous place near to the land.
6
Where the land is under the control of the appellant he shall, if so required by the Secretary of State, affix firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public, such notice of the inquiry as the Secretary of State may specify; and he shall not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
Appearances at inquiry
11
1
The persons entitled to appear at an inquiry are —
a
the appellant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
a National Park Committee within the meaning of paragraph 5 of Schedule 17 to the Local Government Act 1972 ;
iii
a joint planning board constituted under section 1(2) or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;
iv
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980;
d
where the land is in an area designated as a new town, the development corporation for the new town or the Commission for the New Towns as its successor;
e
a section 29(3) party;
f
the council of the parish or community in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
g
where the application was required to be notified to the Commission under paragraph 6 of Schedule 11 (listed building consent in Greater London), the Commission;
h
any other person who has served a statement of case in accordance with rule 6(4).
2
Any other person may appear at an inquiry at the discretion of the inspector.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
4
The inspector may allow one or more persons to appear for the benefit of some or all of any persons having a similar interest in the matter under inquiry.
Representatives of government departments and other authorities at inquiry
12
1
Where —
a
the Secretary of State, any local authority or the Commission have given a direction such as is described in rule 4(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department or local authority has expressed a view such as is described in rule 4(2)(c) and the local planning authority have included its terms in a statement served in accordance with rule 6(1),the appellant may, not later than 14 days before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, transmit the application to the other Minister, department or body concerned who shall make a representative available to attend the inquiry.
3
A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expression of view in question and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Inspector may act in place of Secretary of State
13
An inspector may in place of the Secretary of State take such steps as the Secretary of State is required or enabled to take under or by virtue of rule 6(4) to (6), rule 10, rule 12(1) or (2) or rule 20.
Statements of evidence
14
1
A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a written statement shall send a copy of the statement to the inspector and shall, if so required by the inspector, supply a written summary of that evidence.
2
The statement shall be sent to the inspector not later than 3 weeks before the date on which the person is due to give evidence in accordance with the time-table arranged pursuant to rule 8 or, if there is no such time-table, 3 weeks before the date fixed for the inquiry, and the summary shall be sent within such period as may be specified by the inspector.
3
Where the appellant or the local planning authority send a copy of a statement of evidence or a summary to an inspector in accordance with paragraph (1) they shall at the same time send a copy to the other party; and where any other party so sends such a copy statement or summary he shall at the same time send a copy to the appellant and the local planning authority.
4
Where the inspector has required a written summary of evidence in accordance with paragraph (1), the person giving that evidence at the inquiry shall do so only by reading the written summary, unless permitted by the inspector to do otherwise.
5
Any person required by this rule to send a copy of a statement of evidence to any other person shall send with it a copy of the whole, or the relevant part of, any documents referred to in it, unless copies of the documents or parts of documents in question have already been made available by the local planning authority pursuant to rule 6(9).
Procedure at inquiry
15
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
Unless in any particular case the inspector with the consent of the appellant otherwise determines, the appellant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
3
A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and a section 29(3) party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion.
4
The inspector may refuse to permit —
a
the giving or production of evidence,
b
the cross-examination of person giving evidence, or
c
the presentation of any other matter,which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
5
Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 14(4), the statement of evidence referred to in rule 14(1) may be tendered in evidence, and the person whose evidence the statement contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
6
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
7
The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
8
The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may be necessary for considering any of the matters under inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
9
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
10
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
11
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice shall be required.
Site inspections
16
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
The inspector may, during an inquiry or after its close, inspect the land in the company of the appellant, the local planning authority and any section 29(3) party, and he shall make such an inspection if so requested by the appellant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
17
1
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise, and where he does so the inspector shall state in his notification of his decision pursuant to rule 18 that such a report was made.
2
If, after the close of an inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the inquiry and which he considers to be material to his decision, he shall not come to a decision without first —
a
notifying the persons entitled to appear at the inquiry who appeared at it of the matter in question; and
b
affording to them an opportunity of making written representations to him with respect to it within 21 days of the date of the notification or of asking within that period for the re-opening of the inquiry.
3
An inspector may, as he thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to an appeal as he may specify, and he shall do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (2); and where an inquiry is re-opened —
a
the inspector shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the specified matters; and
b
paragraphs (2) to (6) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
18
1
An inspector shall notify his decision on an appeal, and his reasons for it, in writing to all persons entitled to appear at the inquiry who did appear, and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Any person entitled to be notified of the inspector’s decision under paragraph (1) may apply to the Secretary of State in writing, within 6 weeks of the date of the decision, for an opportunity of inspecting any documents listed in the notification and any report made by an assessor and the Secretary of State shall afford him that opportunity.
Procedure following quashing of decision
19
Where a decision of an inspector on an appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the appeal; and
b
shall afford to those persons the opportunity of making, within 21 days of the date of the written statement, written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, direct that the inquiry be re-opened, and if he does so paragraphs (2) to (6) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Allowing further time
20
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Service of notices by post
21
Notices or documents required or authorised to be served or sent under any of the provisions of these Rules may be sent by post.
Revocations
22
Subject to rule 23, the Town and Country Planning Appeals (Determination by Appointed Persons) (Inquiries Procedure) Rules 1974 and rule 2(2) of and Schedule 2 to the Town and Country Planning (Various Inquiries) (Procedure) (Amendment) Rules 1986 are hereby revoked.
Transitional provisions
23
1
The following paragraphs of this rule apply where at the date on which these Rules come into force (“the commencement date”) an appeal mentioned in rule 3(1) of these Rules is awaiting determination by an inspector.
2
Where at the commencement date a local inquiry has been opened, the 1974 Rules shall continue to apply until its close, but these Rules shall regulate the procedure thereafter (including any re-opening of the inquiry).
3
Where at the commencement date a local inquiry has not been opened, the 1974 Rules shall continue to apply until the inquiry is opened, but these Rules shall apply thereafter.
4
The 1974 Rules shall continue to apply as respects hearings but only if the appellant or the local planning authority have before the commencement date expressed a wish to be heard.
Mackay of Clashfern, C.
24th May 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A4 Trunk Road (Bath Road, Hounslow) (Prescribed Routes) Order 1988 and shall come into force on 22nd January 1988.
2
In this Order —
“Bath Road” means that length of the London to Bristol Trunk Road (A4) in the London Borough of Hounslow known as Bath Road:
“central reservation” means that part of Bath Road which separates the two carriageways of Bath Road for the safety and guidance of vehicles using that road; and
“Number 732 Bath Road” means the triangular island site in Bath Road at its junction with Berkeley Avenue.
3
No person shall cause or permit any vehicle to enter or proceed through the gaps in the central reservation which lie opposite —
1
Firs Drive;
2
Mornington Crescent/Clevedon Gardens; and
3
Wayne Avenue, otherwise than from the northwestbound carriageway.
4
No person shall cause any vehicle to enter Berkeley Avenue from Bath Road or enter Bath Road from Berkeley Avenue otherwise than in such a manner as to keep Number 732 Bath Road on the right or off side of the vehicle.
5
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform.
Signed by authority of the Secretary of State
John Dawson
Director (Transport), London Regional Office of the
Department of Transport
18th January 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1988 and shall come into force on 11th April 1988.
Amendment of the Social Security (Industrial Injuries) (Airmen’s Benefits) Regulations 1975
2
In regulation 4(b) of the Social Security (Industrial Injuries) (Airmen’s Benefits) Regulations 1975 (disqualification and suspension during absence from Great Britain) for the words “for receiving an increase of disablement pension in respect of special hardship under section 60 of the Act” there shall be substituted the words “for receiving reduced earnings allowance under section 59A of the Act”.
Amendment of the Social Security (Industrial Injuries) (Mariners' Benefits) Regulations 1975
3
In regulation 5(b) of the Social Security (Industrial Injuries) (Mariners' Benefits) Regulations 1975 (disqualification and suspension during absence from Great Britain) for the words “for receiving an increase of disablement pension in respect of special hardship allowance under section 60 of the Act”, there shall be substituted the words “for receiving reduced earnings allowance under section 59A of the Act”.
Amendment of the Social Security (Industrial Injuries) (Reduced Earnings Allowance and Transitional) Regulations 1987
4
1
Regulation 2 of the Social Security (Industrial Injuries) (Reduced Earnings Allowance and Transitional) Regulations 1987 (determination of the probable standard of remuneration for reduced earnings allowance) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (6), for the words “increased by a percentage equal to any percentage increase” there shall be substituted the words “adjusted by a percentage equal to any percentage change”.
3
In paragraph (7)(b) for the words “percentage increase” there shall be substituted the words “percentage change”.
4
In paragraph (7)(c), for the words “percentage increase” there shall be substituted the words“percentage change” and for the words “which the increase relates” there shall be substituted the words “which the change relates”.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
5
In regulation 1 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (citation, commencement and interpretation), after paragraph (3) there shall be inserted the following paragraph —
4
In these Regulations, any reference to death benefit shall be taken as including also a reference to any benefit in respect of which contribution conditions are taken as having been satisfied in accordance with paragraph 10 of Schedule 3 to the Social Security Act 1986.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
21st March 1988


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No.2) Order 1988 and shall come into force on 27th January 1989.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government department specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters respectively specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Building Societies (Designation of Qualifying Bodies) Order 1988 and shall come into force on 30th August 1988.
Interpretation
2
In this Order, except where the context otherwise requires —
“ the Act ” means the Building Societies Act 1986;
“appropriate vehicle” means a body corporate individually specified or of a description specified in column 1 of Part I of the Schedule to this Order;
“the relevant power”, in relation to an appropriate vehicle, means the power for the exercise of which, as specified in column 3 of Part I of the Schedule to this Order, that appropriate vehicle is designated as suitable; and
“society” means a building society.
Designation of bodies corporate
3
1
Each appropriate vehicle individually specified or of a description specified in an item in column 1 of Part I of the Schedule hereto is designated for the purposes of section 18 of the Act (power to invest in subsidiaries and other associated bodies) and within that Part of that Schedule —
a
the corresponding item in column 2 specifies, where that appropriate vehicle is individually so specified, the number under which it is registered under the Companies Act 1985 or, where that appropriate vehicle comes within a description so specified, the meaning of that description for the purposes of this Order,
b
the corresponding item in column 3 specifies, subject to article 4 below, whether that appropriate vehicle is designated —
i
as suitable for investment and support or support, or
ii
as suitable for investment and support (and accordingly not for support in the absence of investment),
c
the corresponding item (if any) in column 4 specifies the purposes for which (in addition to the purposes permitted by section 18(4) of the Act) the exercise of the relevant power by a society is permitted in relation to that appropriate vehicle, and
d
the corresponding item (if any) in column 5 specifies the provision (if any) for different descriptions of societies in relation to which, the limits (if any) on the extent to which, and the conditions (if any) subject to which, the exercise of the relevant power by a society is permitted in relation to that appropriate vehicle.
2
Part II of the Schedule to this Order shall have effect —
a
so as to supplement Part I thereof, and
b
in respect of the interpretation of that Schedule.
Transitional provision
4
Nothing in this Order shall take away the power of a society to continue to support, in consequence of a resolution under section 18(9) of the Act (linking by resolution) in force at the time when this Order comes into force, any body corporate designated by any of the Orders revoked in article 5 below.
Revocation of previous Orders
5
The Building Societies (Designation of Qualifying Bodies) Order 1986 , the Building Societies (Designation of Pension Companies) Order 1987 , the Building Societies (Designation of Qualifying Bodies) (Amendment) Order 1987 and the Building Societies (Designation of Relevant Estate Agencies) Order 1988 are hereby revoked. In witness whereof the common seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 7th July 1988.
P. H. Gevers
Secretary to the Commission
We consent to this Order
Peter Lloyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 1988


text:
1
This Order may be cited as the Unitary Development Plans (Merseyside) (Appointed Day) Order 1988 and shall come into force on 4th August 1988.
2
4th August 1988 is appointed as the day on which Part I of Schedule 1 to the Local Government Act 1985 shall come into force in the areas of the local planning authorities listed in the Schedule hereto.
Nicholas Ridley
Secretary of State for the Environment
7th July 1988


text:
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
The Goods Vehicles (Plating and Testing) Regulations 1982 are hereby amended so that in the regulations specified in column 1 of the Table below for the words specified in column 2 of that Table there are substituted the words specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing words Substituted words
12(3) £23.50 £25.25 £13 £14 16(1) £12 £13 £7 £7.50 16(2) £23.50 £25.25 £13 £14 32 £9.50 £10.50 40(1) £7 £7.50
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
29th February 1988


text:
1
This Order may be cited as the Gaming (Amendment) Act 1986 (Commencement) Order 1988.
2
The Gaming (Amendment) Act 1986 shall come into force on 19th September 1988.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
19th July 1988


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) (No. 4) Order 1988 and shall come into force on 6th January 1989.
2
For the purposes of section 160 of, and Schedule 7 to, the Income and Corporation Taxes Act 1988 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 14.5 per cent. per annum.
Tony Durant
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Order 1988 and shall come into force on 11th January 1988.
2
In this Order —
a
“designated area” means one of the areas described in the Schedule to this Order;
b
“sheep” means an animal of the genus Ovis of whatever age or sex.
Designated incident
2
In the opinion of the Secretary of State food in the areas described in the Schedule to this Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Designated areas
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated areas
4
1
No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which —
i
was moved from any place in accordance with a consent given on or after 28th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark, or
ii
was moved from any place in accordance with a consent given on or after 11th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
and which in either case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Restrictions on movement
5
1
No person shall move any sheep from any farm, agricultural holding, agricultural premises or holding in any of the designated areas.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or after 28th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or after 11th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.
Restrictions throughout the United Kingdom
6
1
No person shall in the United Kingdom —
a
slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area described in Part 1 of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987; or
b
supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area described in Part I of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which —
i
was moved from any place in accordance with a consent given on or after 28th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or
ii
was moved from any place in accordance with a consent given on or after 11th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
and which in either case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Revocation
7
The Food Protection (Emergency Prohibitions) (No.3) Order 1987 and the Food Protection (Emergency Prohibitions) (No.4) Order 1987 are hereby revoked.
N E Sharp
Assistant Secretary, Scottish Office
New St Andrew’s House,
Edinburgh
7th January 1988


text:
1
This Order may be cited as the Occupational Pension Schemes (Rate of Tax under Paragraph 2(2) of Part II of Schedule 5 to the Finance Act 1970) Order 1988 and shall come into force on 6th April 1988.
2
The rate of tax under paragraph 2(2) of Part II of Schedule 5 to the Finance Act 1970 is increased from 10 per cent. to 20 per cent.
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1988


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (British Coal Corporation) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Energy is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to “the map” is a reference to the map entitled “Map referred to in the Tyne and Wear Development Corporation (Vesting of Land) (British Coal Corporation) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Energy, the British Coal Corporation, the council of the borough of Tyneside and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and edged internally with a stippled band on the map.
Vesting of Land
3
The land described in the Schedule hereto and now vested in the British Coal Corporation or any local authority, or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
27th June 1988
Cecil Parkinson
Secretary of State for Energy
28th June 1988


text:
1
This Order may be cited as the Local Government Reorganisation (Property) (No.2) (West Yorkshire) Order 1988 and shall come into force on 7th November 1988.
2
There shall vest in each local authority mentioned in the Schedule to this Order —
a
all interests of the West Yorkshire Residuary Body in the property so mentioned in relation to that local authority; and
b
all rights and liabilities of that Body acquired or incurred exclusively in connection with that property.
Nicholas Ridley
Secretary of State for the Environment
10th October 1988


text:
1
This Order may be cited as the Transport Act 1981 (Commencement No. 12) Order 1988.
2
The 13th July 1988 is appointed as the day on which paragraph 16 of Schedule 9 to the Transport Act 1981 comes into force.
Signed by authority of of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
10th June 1988


text:
Citation, commencement and application
1
1
This Order may be cited as the Grants by Local Housing Authorities (Eligible Expense Limits) (No. 2) Order 1988, and comes into force on 1st September 1988.
2
This Order applies to any application for an improvement, intermediate, special or repairs grant which is made after 1st September 1988.
Interpretation
2
1
In this Order —
“ the Act ” means the Housing Act 1985, and
“listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under section 54 of the Town and Country Planning Act 1971 , and a reference to a grade is to the grade indicated in respect of a building in such a list.
2
In this Order a reference to a dwelling which is a listed building includes a reference to a dwelling which is in or which is to be provided by the conversion of a listed building.
Standard amenities
3
The provisions of section 508(1) of the Act are varied by substituting the following table for the Table contained in that section —
TABLE
Description of amenity Maximum eligible amount Premises in Greater London Premises elsewhere £ £
A fixed bath or shower (see Notes 1 and 2) 590 450 A wash-hand basin 230 170 A sink 590 450 A hot and cold water supply at a fixed bath or shower (see Notes 1 and 2) 750 570 A hot and cold water supply at a wash-hand basin 390 305 A hot and cold water supply at a sink 500 385 A water closet (see Note 3) 890 680
Improvement grants
4
1
In relation to a dwelling of a description set out in Tables 1 and 2 below there are prescribed —
a
for the purposes of section 472(2)(a) of the Act (conversion of a building of three storeys or more), the amounts set out in Table 1, and
b
for the purposes of section 472(2)(b) of the Act (other cases), the amounts set out in Table 2.
2
In Tables 1 and 2 below —
“category A” applies to any dwelling which on the date on which the application for the grant is approved is covered by one or more of the following descriptions: —
a
it is in a housing action area;
b
it is or forms part of a house in relation to which the local authority have served a notice under section 189(1) (repair notice in respect of unfit house) or section 264(1) (notice of unfit premises beyond repair at reasonable cost) of the Act and the relevant works consist of or include works which if executed would contribute towards rendering the house fit for human habitation;
c
it is in need of works of repair of a substantial and structural character and the relevant works consist of or include such works;
d
it is a dwelling for a disabled occupant and the relevant works consist of or include works needed to meet a requirement arising from the particular disability from which he suffers; and
“category B” applies to any dwelling other than one to which category A applies.
3
In paragraph (2) a reference to a dwelling includes a reference to a dwelling which is to be provided by the conversion of a dwelling.
TABLE 1
Prescribed amounts for the purposes of section 472(2)(a)
Dwellings in Greater London Dwellings elsewhere Category A Category B Category A Category B £ £ £ £
PART I
Dwellings which are not listed buildings
19,600 12,700 14,500 9,400 PART II
Dwellings which are listed buildings of the following grades: —
Grade I
21,680 14,920 16,540 11,540
Grade II*
20,820 14,060 15,680 10,680
Grade II (Unstarred)
20,200 13,440 15,060 10,060
TABLE 2
Prescribed amounts for the purposes of section 472(2)(b)
Dwellings in Greater London Dwellings elsewhere Category A Category B Category A Category B £ £ £ £
PART I
Dwellings which are not listed buildings
16,900 11,000 12,600 8,100 PART II
Dwellings which are listed buildings of the following grades: —
Grade I
19,040 13,160 14,620 10,220
Grade II*
18,180 12,300 13,770 9,360
Grade II (Unstarred)
17,540 11,660 13,130 8,720
Intermediate grants
5
1
The amounts of —
a
£4,850 in respect of dwellings in Greater London, and
b
£3,450 in respect of dwellings elsewhere,
are prescribed for the purposes of section 481(2) of the Act.
2
The amounts of —
a
£485 in respect of dwellings in Greater London, and
b
£345 in respect of dwellings elsewhere,
are prescribed for the purposes of section 481(3) of the Act as the amount to be multiplied by the number of standard amenities to be provided.
3
The amounts of —
a
£1,930 in respect of dwellings in Greater London, and
b
£1,380 in respect of dwellings elsewhere,
are prescribed for the purposes of section 481(3) of the Act as the maximum to which the amount prescribed by paragraph (2), multiplied by the number of standard amenities to be provided, is subject.
Special grants
6
1
The amounts of —
a
£14,000 in respect of houses in multiple occupation in Greater London, and
b
£10,500 in respect of houses in multiple occupation elsewhere,
are prescribed for the purposes of section 489(3) of the Act as the maximum amounts of the contributory element as regards the provision of means of escape from fire.
2
The amounts of —
a
£4,850 in respect of houses in multiple occupation in Greater London, and
b
£3,450 in respect of houses in multiple occupation elsewhere,
are prescribed for the purposes of section 489(4) of the Act as the maximum amounts of the contributory element as regards works of repair and replacement.
Repair grants
7
1
The amounts mentioned in paragraph (2) are prescribed as the limits of eligible expense for the purposes of section 497(1) of the Act in relation to the descriptions of dwellings set out in that paragraph.
2
The prescribed amounts are: —
a
in respect of a dwelling which is not a listed building, £7,600 where the dwelling is in Greater London and £5,500 where it is elsewhere;
b
in respect of a dwelling which is a Grade I listed building, £8,600 where the building is in Greater London and £6,530 where it is elsewhere;
c
in respect of a dwelling which is a Grade II* listed building, £8,200 where the building is in Greater London and £6,130 where it is elsewhere; and
d
in respect of a dwelling which is a Grade II (Unstarred) listed building, £7,890 where the building is in Greater London and £5,820 where it is elsewhere.
Revocation
8
The Grants by Local Housing Authorities (Eligible Expense Limits) Order 1988 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
16th August 1988
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
17th August 1988


text:
1
The highway which the Secretary of State has constructed along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The new trunk road is indicated by solid black shading on the deposited plan.
3
The lengths of highway described in Schedule 2 to this Order shall cease to be trunk road from the date when this Order comes into force.
4
The lengths of highway ceasing to be trunk road are indicated by broad striped hatching on the deposited plan.
5
In this Order: —
1
all masurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbers HA10/2E/269 marked “The London — Birmingham Trunk Road (A41) (M25 Interchange) (Trunking and De-trunking) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the trunk road” means the London — Birmingham Trunk Road (A41).
6
This Order shall come into force on 1st September 1988 and may be cited as the London — Birmingham Trunk Road (A41) (M25 Interchange) (Trunking and De-trunking) Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Regional
Department of Transport
4th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1988 and shall come into force on 1st October 1988.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to exhaust emissions
3
In regulation 4(8), before “14B, 14C or 14D” there shall be inserted “4B”.
4
In Schedule 1 —
a
in column (6) of item 4B, “30.9.1989” shall be inserted in the following two places, that is to say, the places opposite where “1.10.1979” and “10.1.1979” appear in column (5);
b
in column (4) in item 4C the following words shall be omitted —
3
Vehicles with two-stroke engines
;
and
c
after item 4C, there shall be inserted as item 4D the item so numbered in Schedule 1 to these Regulations.
Amendments relating to unleaded petrol
5
At the end of regulation 4 there shall be added the following paragraph —
10
Schedule 1A shall have effect for the purpose of specifying, in relation to certain vehicles, dates which are to be read as if they appeared in column (5) of items 25 and 26 in Schedule 1.
.
6
In Schedule 1, after item 24A there shall be added as items 25 and 26 the items so numbered in Schedule 1 to these Regulations.
7
A schedule shall be inserted after Schedule 1 in accordance with the provisions of Schedule 2 to these Regulations.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
5th September 1988


text:
Citations, Commencement and Introduction
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 7) Regulations 1988 and shall come into force on 1st January 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 regulation 3 of these Regulations (being provisions which vary the requirements as regards the construction of certain classes of vehicles) shall apply as from 1st January 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 to regulation 8 (Width)
3
In the Table in paragraph (1) of regulation 8, “2·58” in column 3 of item 2 there shall be substituted “2·60”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport.
26th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1988 and shall come into force on 6th April 1988.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment to Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions) —
a
for the words “6th April 1987” there shall be substituted the words “6th April 1988”, and
b
for the figures “£39” and “£295” there shall be substituted respectively the figures “£41” and “£305”.
3
In regulation 115(1) (reduction of rate of Class 1 contributions payable in respect of earnings of serving members of the forces) —
a
in sub-paragraph (a), for the figure “0.9” in each place where it appears there shall be substituted the figure “0.8”;
b
in sub-paragraph (b), for the figure “0.95” there shall be substituted the figure “0.85”.
Revocations
3
There are hereby revoked regulation 133 of the principal Regulations (reduction of rate of Class 1 contributions payable in respect of earnings of registered dock workers), the Social Security (Contributions, Re-rating) Consequential Amendment Regulations 1980 , the Social Security (Contributions) Amendment ( No. 7) Regulations 1983 and the Social Security (Contributions) Amendment Regulations 1987 .
Transitional
4
In respect of earnings paid or treated as paid before 6th April 1988 the provisions of the principal Regulations shall apply as if these Regulations had not come into force notwithstanding that calculation of contributions falls to be made after 5th April 1988.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
18th February 1988
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Bingo Duty Regulations 1988, and shall come into force on 28th March 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Betting and Gaming Duties Act 1981;
“ Collector ” means the Collector of Customs and Excise, Manchester or such other officer as the Commissioners may direct;
“combined bingo” means bingo played at one place linked with bingo played at another place, as described in section 19(1) of the Act;
“duty” means bingo duty chargeable under section 17 of the Act;
“month” means a period ending on the last Sunday of each calendar month or such other period as the Commissioners direct;
“officer” means the proper officer of Customs and Excise;
“premises” includes any place whatsoever and any means of transport.
2
In these Regulations any reference to a form prescribed in the Schedule to these Regulations includes a reference to a form to the like effect which has been approved by the Commissioners.
Revocation and savings
3
1
Subject to paragraph (2) below, the Bingo Duty Regulations 1969 are hereby revoked.
2
The revoked Regulations, insofar as they relate to records, accounts, returns, and payments of duty shall continue to apply to periods partly completed at the date of revocation.
Bingo cards
4
1
Save as the Commissioners may allow, every card of a kind that may be used once only, which is issued or to be issued by the promoter to any person for the purpose of playing bingo, shall be marked with an identifying number in a series not less than 99999, and, if the Commissioners in any particular case so direct, with the amount of money to be paid for it by or on behalf of the person to whom it is so issued.
2
Cards of the kind described in paragraph (1) above shall be issued to players by the promoter in numerical order, and where they are issued to players at more than one point on the premises, the series issued at each such point shall be different from that issued at any other such point.
3
Every bingo-promoter who intends to provide cards of a kind that may be used more than once shall display, in such a position that it can be easily seen and read by every player, a notice stating the amount of money paid or to be paid by or on behalf of a player for each such card entitling him to use it once.
4
Save as the Commissioners may allow, every bingo-promoter shall keep a record showing for each day, in respect of every type of card of the kind described in paragraph (3) above, the amount of money paid for the use of it by or on behalf of each player on each occasion, and the number of occasions on which it was used, and shall make the entries in the record not later than 48 hours after the end of each week.
Destruction of cards
5
A bingo-promoter who intends to destroy unsold cards of a kind referred to in regulation 4(1) above shall give 7 clear days' notice of his intention to the officer giving details of the serial numbers, and where the cards have a face value, the face value of cards to be destroyed.
Card stock accounts
6
1
Every bingo-promoter shall keep a stock account of all cards of the kind described in regulation 4(1) above, which are brought to the premises on which bingo is played or which are taken from stock or which are returned to stock or which are destroyed, showing separately in respect of each category, their serial numbers and, where appropriate, their face values and shall make the entries in the stock account not later than 48 hours after the end of each week.
2
Every bingo-promoter who promotes the playing of bingo on more premises than one shall keep a separate account, as prescribed in paragraph (1) above, in respect of each of them.
Record of participation fees, stakes and prizes
7
The promoter shall keep a record showing the daily and weekly totals of participation fees, money taken as payment for bingo cards, and the value of prizes won, and shall enter those totals not later than 48 hours after the end of the week.
Record of non-monetary prizes
8
1
The promoter shall keep a record showing for each day and for each week the value or purchase price of each prize, other than money, won at bingo, and shall enter such amounts not later than 48 hours after the end of the week.
2
In the case of a purchased prize the promoter shall keep the purchase invoice and produce it to an officer on demand.
Combined bingo
9
The promoter of combined bingo shall keep a record showing the daily and weekly amounts of money contributed by him to such bingo, and shall enter such totals in the record not later than 48 hours after the end of the week.
Bingo Duty Accounts
10
1
Every bingo-promoter shall keep a bingo duty account showing for each week —
a
the total amount of money taken in that week as payment for bingo cards;
b
the total value of prizes won in that week;
c
the amount by which the value of the prizes won in that week exceeds the amount in paragraph (a) above, after deducting duty thereon; and
d
the amount of duty for which the bingo-promoter is accountable
and shall enter such totals and amounts not later than 48 hours after the end of that week.
2
Every bingo-promoter shall, at the time of making the return required under regulation 11 below, complete a monthly summary account of the totals and amounts required to be kept under paragraph (1) above.
Returns and payments
11
1
Every bingo-promoter shall complete and sign a return and shall furnish that return to the Collector.
2
A return under this regulation shall be made monthly to the Collector in the form set out in the Schedule to these Regulations, and such return shall be furnished not later than the 15th day following the end of the month to which it relates.
3
At the time of making the return required by this regulation, the bingo-promoter shall pay to the Collector the amount of duty due.
Peter Jefferson Smith
Commissioner of Customs and Excise
New King’s Beam House Upper Ground London SE1 9PJ
29th February 1988


text:
1
This Order may be cited as the Assured Tenancies (Approved Bodies) (No. 2) Order 1988 and shall come into force on 24th June 1988.
2
The bodies named in the Schedule to this Order are hereby specified for the purposes of Part II of the Housing Act 1980.
Signed by authority of the Secretary of State
Marion Roe
Parliamentary Under Secretary of State,
Department of the Environment
23rd May 1988
Signed by authority of the Secretary of State
Ian Grise
Parliamentary Under Secretary of State, Welsh Office
24th May 1988


text:
1
These Regulations may be cited as the Police (Amendment) (No. 3) Regulations 1988 and shall come into force on 9th January 1989.
2
Table B in Schedule 5 to the Police Regulations 1987 (scale of pay of constables) shall be amended by substituting for the figure “13,688” the figure “13,668”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
12th December 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines 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 HA10/EM42 marked “The (A47) Birmingham-Great Yarmouth Trunk Road (Easton Hornstocks Bends Improvement) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order;
iii
“the Trunk Road” means the (A47) Birmingham-Great Yarmouth Trunk Road.
4
This Order shall come into force on 29th July 1988 and may be cited as the (A47) Birmingham-Great Yarmouth Trunk Road (Easton Hornstocks Bends Improvement) Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
13th June 1988


text:
Title and commencement
1
This Order may be cited as the City of Glasgow and Strathkelvin Districts (Easter Balmuildy Farm and Laigh Kenmure Farm) Boundaries Amendment Order 1988, and shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means that Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The City of Glasgow and Strathkelvin Districts (Easter Balmuildy Farm and Laigh Kenmure Farm) Boundaries Amendment Order 1988 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 changes
4
1
Those parts of Strathkelvin District described as Area A and Area B in Part I of the Schedule to this Order, and shown delineated, hatched and marked “Area A” and “Area B” on the boundary map, shall be transferred to City of Glasgow District.
2
That part of City of Glasgow District described as Area C in Part II of the Schedule to this Order, and shown delineated, hatched and marked “Area C” on the boundary map, shall be transferred to Strathkelvin District.
Consequential changes of electoral arrangements
5
1
Area A and Area B described in Part I of the Schedule to this Order (being the areas transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 47 (Bishopbriggs) of Strathclyde Region( ) and of ward 6 (Kenmure and Baldernock) of Strathkelvin District( ); and
b
shall form part of electoral division 15 (Milton and Ruchill) of Strathclyde Region and of ward 13 (Milton) of City of Glasgow District( ).
2
Area C described in Part II of the Schedule to this Order (being the area transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 15 (Milton and Ruchill) in Strathclyde Region and of ward 13 (Milton) in City of Glasgow District; and
b
shall form part of electoral division 47 (Bishopbriggs) of Strathclyde Region and of ward 6 (Kenmure and Baldernock) of Strathkelvin District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
12th February 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of existing highway described in Schedule 2 to this Order and shown by hatching on the deposited plan shall become a trunk road as from the date when this Order comes into force.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
5
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 folio numbered HA 10/CNE 88 marked “The (A650) North-West of Doncaster — Kendal Trunk Road (Drighlington Bypass) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order.
6
This Order shall come into force on 4th November 1988 and may be cited as the (A650) North-West of Doncaster — Kendal Trunk Road (Drighlington Bypass) Order 1988.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
5th October 1988


text:
Citation, commencement and extent
1
1
This Scheme may be cited as the Farm Business Non-Capital Grant Scheme 1988 and shall come into force on 1st August 1988.
2
This Scheme shall apply to Great Britain.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“agriculture” and cognate expressions shall be construed, except in relation to Scotland, in accordance with section 109 of the Agriculture Act 1947 and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948 ;
“agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of agriculture;
“the appropriate Minister” —
in relation to England, means the Minister of Agriculture, Fisheries and Food; and
in relation to Scotland or Wales, means the Secretary of State;
“approved” means approved by the appropriate Minister and“approve” and“approval” shall be construed accordingly;
“company” means a company as defined in section 735(1) of the Companies Act 1985 ;
“co-operative” means a registered society as defined in section 74 of the Industrial and Provident Societies Act 1965 ;
“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 Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE;
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 Secretary of State for Wales 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 Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Chesser House, Gorgie Road, Edinburgh EH11 3AW;
“eligible group” has the meaning assigned to that expression in paragraph 4;
“eligible person” has the meaning assigned to that expression in paragraph 3;
“farm-based industry” means —
the manufacture of craft items and tourist souvenirs;
food processing and the purification, carbonation and bottling of spring water;
the processing of timber;
the processing of agricultural produce for purposes other than human or animal consumption; or
the repair and renovation of agricultural machinery;
“farm shop” means a shop primarily used for the sale of the produce of the agricultural business of which the shop forms part;
“feasibility study plan” means a plan to study the feasibility of producing a new product on, or supplying a new service from, the land on which the agricultural business or specified farm business is carried on by an eligible person or by each member of an eligible group, by means of —
establishing a specified farm business or expanding an existing specified farm business; or
expanding, for purposes connected with the establishment, expansion or carrying on of a specified farm business, an agricultural business;
“food processing” means the application of any process or treatment to agricultural produce for the purposes of human consumption but does not include —
the cleaning and trimming of raw fruit and vegetables to which no further process or treatment is applied and the packaging of such fruit and vegetables;
the slaughter of livestock and the skinning and gutting of animal carcases;
any process or treatment applied for the purposes of the manufacture of wine; or
any process or treatment applied to cow’s milk for the purposes of the liquid consumption of that milk or for the purposes of the manufacture of any milk-based drink as defined in regulation 3 of the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983 and regulation 3 of the Milk-based Drinks (Scotland) Regulations 1983 , and any process or treatment applied to any such milk-based drink;
“less-favoured area” means land which is within the area shaded blue or pink on the designated maps;
“livery” means the provision of accommodation and care for horses and ponies;
“marketing plan” means a plan to promote the specified farm business being carried on by an eligible person or by each member of an eligible group or to market, from the land on which the specified farm business is being carried on by an eligible person or by each member of an eligible group, anything produced or supplied in the course of a specified farm business;
“provision of accommodation”, in relation to persons, includes provision of facilities for camping and caravanning;
“specified farm business” means any business of a type specified in the Schedule to this Scheme consisting in, or such part of any business as consists in, a business which is carried on by a person who also carries on an agricultural business at the same time and on the same or adjacent land;
“sports” means any game or exercise other than field sports, horse riding and sports involving the use of motor vehicles, firearms or crossbows.
2
Any reference in this Scheme to a numbered paragraph or“the Schedule” shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme or the Schedule to this Scheme.
Eligible persons
3
1
Subject to the provisions of this paragraph, the following classes of person shall be eligible for grant under this Scheme —
a
an individual carrying on an 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
derives more than half of his annual income calculated in accordance with sub-paragraph (2) below from that busines and any specified farm business; and
ii
spends not less than 1,100 hours per year in agricultural activities relating to that business; and
iii
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 a feasibility study plan or a marketing plan in accordance with paragraph 5;
b
any person representing a body carrying on an agricultural business if —
i
the appropriate Minister is satisfied that the main purpose of that business is the pursuit of agriculture and that the farm manager or other person through whom the business is carried on satisfies the requirements as to income, hours spent in agricultural activities and as to agricultural skill and competence, as specified in sub-paragraph (1)(a) above, and
ii
the said person representing the said body submits on behalf of the said body a feasibility study plan or a marketing plan in accordance with paragraph 5;
c
persons carrying on an 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 satisfies the requirements as to income, hours spent in agricultural activities and as to agricultural skill and competence as specified in sub-paragraph (1)(a) above, and
ii
a feasibility study plan or a marketing plan is submitted in accordance with paragraph 5;
d
the owner of land occupied for the purposes of the pursuit of agriculture who submits a feasibility study plan or a marketing plan relating to such land or to adjacent land jointly with one of the kinds of person eligible for grant under sub-paragraph (a), (b) or (c) above.
2
For the purpose of this paragraph, a person’s annual income shall be calculated in each case by reference to such year or years within the three years immediately preceding the day on which the feasibility study plan or the marketing plan is submitted as the appropriate Minister shall determine, being a year or years which he is satisfied gives or give a fair indication of the normal amount of income of that person and the normal amount of income derived by that person from the agricultural business and any specified farm business.
Eligible groups
4
1
Subject to the provisions of this paragraph a group shall be eligible for grant under this Scheme provided that —
a
it consists of three or more members each carrying on an agricultural business;
b
a minimum of seventy-five per cent of the members are eligible persons at the time when the feasibility study plan or the marketing plan is submitted to the appropriate Minister for approval in accordance with paragraph 5;
c
that part, if any, of the membership which is not comprised of eligible persons does not include a company or a co-operative;
d
a feasibility study plan or a marketing plan is submitted in accordance with paragraph 5 by a member of the group.
2
A group consisting of ten or more members which satisfies the conditions specified in sub-paragraph (1) above shall nevertheless not be eligible for grant under this Scheme if each of the members also carries on a business involving food processing or the purification, carbonation and bottling of spring water.
Feasibility study plans and marketing plans
5
1
The appropriate Minister shall not approve proposed expenditure for the purposes of grant under this Scheme unless a feasibility study plan or a marketing plan relating to that expenditure is submitted for the approval of that Minister and is approved by him and may make such approval subject to such conditions as he shall determine.
2
A feasibility study plan and a marketing plan submitted for approval shall be set out in such form as the appropriate Minister may from time to time specify and the person or group submitting the plan shall furnish all such particulars and information relating thereto as the appropriate Minister may specify.
3
Without prejudice to sub-paragraph (2) above, the person or group submitting a feasibility study plan or a marketing plan for approval shall furnish —
a
sufficient information to show that that person or group is an eligible person or eligible group;
b
details of the establishment, expansion or promotion of the specified farm business or agricultural business to which the plan relates and of any product or service to be marketed in accordance with the plan;
c
an indication of the measures to be taken to achieve the aim of the plan;
d
a statement of the name, qualifications and relevant experience of the person to be employed or contracted to implement the plan;
e
a written statement by the person referred to in sub-paragraph (3)(d) above, unless that person is an employee of the eligible person or eligible group, of the expenditure, within paragraph 8(1)(a), to be incurred in carrying out the plan.
4
The duration of a marketing plan shall be such period as is specified in the plan, being a period not less than three years from the date of approval of the plan.
Restrictions on approval of feasibility study plans and marketing plans
6
The appropriate Minister shall not approve for the purposes of grant a feasibility study plan or a marketing plan in so far as —
a
such a plan includes —
i
proposed expenditure which would in aggregate result in the payment of grant under this Scheme of less than £250 in respect of a feasibility study plan or less than £250 during a period of any one year in respect of a marketing plan;
ii
proposed expenditure in relation to the provision of horses and ponies for hire outside a less-favoured area;
iii
proposed expenditure in relation to any activity in respect of a specified farm business or agricultural business which the eligible person or eligible group has previously carried out and, in particular, in relation to the employment of, or the contracting for the services of, any person to promote a specified farm business or to market a product of, or a service supplied by, a specified farm business where the eligible person or eligible group has previously employed, or contracted for the services of, any person to promote the same specified farm business or to market the same product of, or service supplied by, that specified farm business;
b
the person nominated to implement the plan under paragraph 5(3)(d) is not —
i
a member of an organisation recognised from time to time by that Minister for the purposes of this Scheme; or
ii
a suitable person to implement the plan, in the opinion of that Minister, having regard, in particular, to his qualifications and relevant experience;
c
the plan which is submitted is a marketing plan and a payment of grant under this Scheme in respect of such a plan has previously been made to the eligible person or eligible group responsible for submitting the plan, or to any person being a member of that eligible group or to any other eligible group of which such a person has been a member, within the period of three years immediately prior to the receipt of the plan by that Minister;
d
the plan which is submitted is a feasibility study plan, and a payment of grant under this Scheme has previously been made in respect of such a plan in the circumstances and within the period specified in sub-paragraph (c) above unless the eligible person or eligible group responsible for submitting the plan has —
i
previously withdrawn from carrying out a feasibility study plan under paragraph 7(3) and received a payment of grant in accordance with that paragraph, or
ii
previously fully completed the carrying out of such a plan and received a payment of grant in accordance with this Scheme in circumstances where the person nominated to implement the plan under paragraph 5(3)(d) has made a declaration in writing to the eligible person or eligible group, at the time of completion of the plan, to the effect that the production of the new product or the supply of the new service to which the plan relates is not feasible;
e
the eligible person or eligible group responsible for submitting a feasibility study plan, or any person being a member of that group, or any other eligible group of which such a person has previously been a member, has, within the period of three years immediately prior to the receipt of the plan by that Minister, received a payment of grant in respect of such a plan having at any time previously also received a payment of grant in the circumstances specified in sub-paragraph (d)(i) or (ii) above.
Variation and withdrawal of feasibility study plans and marketing plans
7
1
For the purposes of this Scheme and in respect of an approved feasibility study plan, the appropriate Minister may, at any time, upon the written request of the eligible person or eligible group responsible for submitting the plan, permit that person or group to withdraw from carrying out the plan.
2
Where an eligible person or eligible group has withdrawn from carrying out a feasibility study plan under sub-paragraph (1) above, the appropriate Minister shall not make a payment of grant in respect of expenditure incurred in respect of that plan and the eligible person may, at any time, submit a different feasibility study plan or the same plan to that Minister for approval.
3
If the eligible person or eligible group responsible for submitting the feasibility study plan submits to the appropriate Minister a declaration in writing made by the person nominated to implement that plan under paragraph 5(3)(d) to the effect that the production of the new product or the supply of the new service to which the plan relates will not be feasible and that no further work can usefully be undertaken pursuant to the plan, that Minister may permit that person or group to withdraw from carrying out the plan and may make a payment of grant, subject to the provisions of this Scheme, in respect of expenditure which has been incurred at the time of the said declaration.
4
For the purposes of this Scheme and in respect of an approved marketing plan, the appropriate Minister —
a
may, upon the written request of the eligible person or eligible group responsible for submitting the plan, permit a variation thereto provided that —
i
the written request is made simultaneously with the application for payment of grant, in accordance with conditions specified pursuant to paragraph 11, and is made after the period of one year from the commencement of the plan, and
ii
the additional expenditure, if any, to be incurred as a result of the variation does not exceed the total expenditure specified, in accordance with paragraph 5, in respect of the marketing plan originally approved by a percentage rate to be determined by that Minister from time to time;
b
shall, at any time, upon the written request of the eligible person or eligible group responsible for submitting the plan, permit that person or group to withdraw from carrying out the plan.
5
Where an eligible person or eligible group has withdrawn from carrying out a marketing plan under sub-paragraph (4)(b) above —
a
the appropriate Minister shall, upon a claim made by that person in accordance with conditions specified pursuant to paragraph 11, make a payment of grant, subject to the provisions of this Scheme, in respect of expenditure which has been incurred at the time of the withdrawal;
b
that person or group may, provided that no payment of grant has been made under sub-paragraph (5)(a), submit a differrent marketing plan or the same plan to the appropriate Minister for approval.
Farm business grants
8
1
Subject to the provisions of this Scheme, the appropriate Minister may make to any eligible person or eligible group a grant towards expenditure incurred by that person or group being expenditure which —
a
has been incurred for the purposes of, or in connection with —
i
carrying out a feasibility study plan which has been approved by that Minister;
ii
carrying out a marketing plan which has been approved by that Minister, by means of the employment of, or contract for the services of, a person to promote a specified farm business, to market anything produced or supplied in the course of a specified farm business or to design or print material the object of which is to promote a specified farm business or to market any product or service of a specified farm business; and
b
appears to the appropriate Minister to be neither expenditure of a capital nature nor expenditure which would fall to be treated for the purposes of section 29 of the Agriculture Act 1970 as incurred in connection with expenditure of a capital nature; and
c
appears to the appropriate Minister to be necessary or appropriate for the purposes of an approved feasibility study plan or marketing plan; and
d
has not been incurred in connection with any item of expenditure notified to the eligible person or eligible group by the appropriate Minister at the time of approval of the feasibility study plan or marketing plan as an item of expenditure in respect of which that Minister will not make a payment of grant under this Scheme.
2
The appropriate Minister may make the payment of grant under sub-paragraph (1) above subject to such conditions as he sees fit, and in particular may require that the person currently responsible for the carrying on of the specified farm business or the agricultural business in respect of which the expenditure has been incurred shall furnish to that Minister such documents, or copies thereof, relating to the carrying out of a feasibility study plan or marketing plan as that Minister may determine at any time not exceeding three years after the completion of such a plan.
3
Where it appears to the appropriate Minister that expenditure in respect of which grant is claimed under sub-paragraph (1) above, has been incurred partly for purposes which are eligible for grant under that sub-paragraph and partly for purposes which are not so eligible, that Minister may for the purposes of grant under that sub-paragraph treat as having been incurred for the 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
9
1
Subject to the provisions of this paragraph and paragraph 12 the amount of grant payable under paragraph 8(1) towards expenditure in respect of —
a
a feasibility study plan shall be —
i
fifty per cent of the expenditure specified in the feasibility study plan or of the actual expenditure incurred in carrying out the plan whichever is less, and
ii
subject to a maximum of £3,000 in respect of an eligible person and £10,000 in respect of an eligible group;
b
the employment of, or a contract for the services of, a person to promote a specified farm business, to market anything produced or supplied in the course of a specified farm business or to design or print material the object of which is to promote a specified farm business or to market any product or service of a specified farm business shall be —
i
forty per cent of the expenditure specified in the marketing plan or in any varied plan in respect of the first year thereof, thirty per cent of the expenditure so specified in respect of the second year and twenty per cent of the expenditure specified in respect of the third year, or the equivalent percentages of the expenditure actually incurred in the respective years, whichever is less, and
ii
subject to a maximum of £3,000 per annum in respect of an eligible person and £10,000 per annum in respect of an eligible group.
2
The expenditure referred to in paragraph 8(1)(a)(ii) in respect of which the appropriate Minister may make a grant shall be restricted to the salary and National Insurance contributions paid in respect of the employment of any person or the fees paid in respect of a contract for the services of any person.
3
The appropriate Minister shall not make a grant in respect of any expenditure which is claimed in respect of any work or service —
a
which has been carried out or performed prior to the approval of the feasibility study plan or marketing plan; or
b
which has not been carried out or performed at the time of the claim.
Financial limits
10
1
When by reason of the total of applications for approval of plans under paragraph 5(1), for the purpose of grant under this Scheme, which already have been approved or received, the appropriate Minister is at any time of the opinion that the financial resources which should be made available for payment of grant under this Scheme during any period will be insufficient to satisfy the payments of grants in relation to England, Wales or Scotland as the case may be during the same period resulting from the approval of further applications, he may decide —
a
that he will not accept any further applications for consideration under this Scheme until a time subsequently specified by that Minister;
b
that he will cease to approve existing applications.
2
A decision by the appropriate Minister under sub-paragraph(1) above may relate to applications —
a
for grant under this Scheme towards expenditure of such kind as he shall determine; or
b
for any grant under this Scheme;
and in the case of a decision not to accept further applications and to specify a time when further applications may be accepted shall be published by notice in the London or Edinburgh Gazette, as appropriate.
Claims for grant
11
Any claims for grant under this Scheme shall be made in such form and manner, at such times and in respect of such periods 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.
Reduction or withholding of grant
12
1
The appropriate Minister may reduce or withhold any grant payable under this Scheme where —
a
assistance in respect of expenditure towards which such grant is claimed has been given otherwise than under this Scheme, or
b
he considers that the expenditure towards which such grant is claimed is excessive having regard to the work carried out or the services provided, or
c
in respect of a marketing plan, the carrying out of the work or the provision of the services 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 benefit to any agricultural business or specified farm business.
2
Before reducing or withholding any grant under the provisions of sub-paragraph (1)(b) or (c) above which would otherwise have been payable to an eligible person or eligible group, the appropriate Minister shall —
a
give to any such person or group a written notification of the reasons for the action proposed to be taken by that Minister, and
b
afford that person or group 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 that report to the person or group mentioned in sub-paragraph (a) above.
Revocation of approval and recovery of grant
13
If at any time after the appropriate Minister has approved a feasibility study plan or marketing plan or paid a grant under this Scheme 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 the eligible person or eligible group responsible for submitting the plan or the claim for grant 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 made or such part thereof as that Minister may specify; but before revoking an approval or making a demand under this paragraph that Minister shall —
i
give to any eligible person or eligible group to whom or to which any payment of grant would be payable or from whom or from which 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 or group 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 or group mentioned in sub-paragraph (i) above.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd June 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
27th June 1988
Peter Walker
Secretary of State for Wales
28th June 1988
We approve,
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
28th June 1988