text:
Title and commencement
1
These Regulations may be cited as the Public Health (Infectious Diseases) Regulations 1988 and shall come into force on 1st October 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“appropriate District Health Authority” means the District Health Authority within which a district of a local authority or a port health district is wholly or partly situated;
“appropriate medical officer” means —
in a case where the District Health Authority has appointed a Director of Public Health, the Director of Public Health, and
in any other case, the registered medical practitioner designated by the District Health Authority for the purposes of these Regulations;
“District Health Authority” means a District Health Authority established under section 8(1) of the National Health Service Act 1977 ;
“certificate” means a certificate required by section 11 of the Act to be sent by a registered medical practitioner to a proper officer ;
“Chief Medical Officer for England” means the Chief Medical Officer to the Department of Health;
“Chief Medical Officer for Wales” means the Chief Medical Officer to the Welsh Office;
“ International Health Regulations ” means the International Health Regulations (1969) as adopted by the World Health Assembly on 25th July 1969 and as amended by the 26th World Health Assembly in 1973 and by the 34th World Health Assembly in 1981 ;
“ophthalmia neonatorum” means a purulent discharge from the eyes of an infant, commencing within 21 days from the date of birth;
“port health authority” means a port health authority constituted by an ordermade, or having effect as if made, by the Secretary of State under section 2 of the Act, and includes the port health authority for the Port of London as constituted under section 7 of the Act;
“port health district” means the district of a port health authority;
“viral haemorrhagic fever” means Argentine haemorrhagic fever (Junin), Bolivian haemorrhagic fever (Machupo), Chikungunya haemorrhagic fever, Congo/Crimean haemorrhagic fever, Dengue fever, Ebola virus disease, haemorrhagic fever with renal syndrome (Hantaan), Kyasanur forest disease, Lassa fever, Marburg disease, Omsk haemorrhagic fever and Rift Valley disease.
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
b
any reference to the district or port health district of a proper officer means the district of the local authority or port health authority, as the case may be, of which he is the proper officer.
Public health enactments applied to certain diseases
3
There shall apply to the diseases listed in column (1) of Schedule 1 the enactments in the Act listed in column (2) of that Schedule with the modifications specified in column (2).
Modification of section 35 of the Act as it is applied to certain diseases
4
Where in Schedule 1 reference is made to section 35 of the Act as modified by this regulation, that section shall apply to the disease specified with the modification that in subsection (1)(a) the words
or
ii
though not suffering from such a disease, is carrying an organism that is capable of causing it,
shall be omitted.
Modification of section 38 of the Act as it is applied to acquired immune deficiency syndrome
5
In its application to acquired immune deficiency syndrome section 38(1) of the Act shall apply so that a justice of the peace (acting if he deems it necessary ex parte) may on the application of any local authority make an order for the detention in hospital of an inmate of that hospital suffering from acquired immune deficiency syndrome, in addition to the circumstances specified in that section, if the justice is satisfied that on his leaving the hospital proper precautions to prevent the spread of that disease would not be taken by him —
a
in his lodging or accommodation, or
b
in other places to which he may be expected to go if not detained in the hospital.
Cases of infectious disease to be specially reported
6
1
In this regulation “a disease subject to the International Health Regulations” means cholera, including cholera due to the eltor vibrio, plague, smallpox, including variola minor (alastrim), and yellow fever.
2
Without prejudice to paragraph (3), a proper officer shall, if his district or port health district is in England immediately inform the Chief Medical Officer for England, or, if his district or port health district is in Wales immediately inform the Chief Medical Officer for Wales of —
a
any case or suspected case of a disease subject to the International Health Regulations and
b
any serious outbreak of any disease (including food poisoning)
which to his knowledge has occurred in his district or port health district, and he shall similarly inform the appropriate medical officer of the appropriate District Health Authority.
3
A proper officer who receives a certificate in respect of any case of —
a
a disease subject to the International Health Regulations,
b
leprosy,
c
malaria or rabies contracted in Great Britain, or
d
a viral haemorrhagic fever
shall immediately send a copy to the Chief Medical Officer for England if the address of the patient in the certificate is in England or to the Chief Medical Officer for Wales if such address is in Wales.
Form of certificate
7
The form set out in Schedule 2, or a form substantially to the like effect, shall be the form of certificate.
Weekly and quarterly returns
8
1
Subject to the provisions of paragraph (3), a proper officer shall, in respect of his district or port health district, send to the Registrar General by post every week in time to ensure its delivery on Monday, or the morning of Tuesday at the latest, a return, in such form as the Secretary of State may from time to time require, of the number of cases of each disease (including food poisoning and suspected food poisoning but excluding leprosy) notified to him during the week ended on the preceding Friday night; and the proper officer shall send a copy of the return to the appropriate medical officer of the appropriate District Health Authority.
2
Subject to the provisions of paragraph (3), a proper officer shall send to the Registrar General by post every three months, not later than 21st January, 21st April, 21st July and 21st October in every year, a return, in such form as the Secretary of State may from time to time require, of the cases referred to in the preceding paragraph which have been notified to him during the preceding three months, showing separately the final number of cases after any correction of diagnosis subsequently made by the notifying registered medical practitioner or by the registered medical practitioner in charge of the patient; and the proper officer shall send a copy of the return to the appropriate medical officer of the appropriate District Health Authority.
3
Where, pursuant to section 11(3) of the Act a copy of a certificate is sent by the proper officer of one district to the proper officer of another district, the case to which that certificate relates shall not be included in any return of the first-mentioned proper officer and shall be included in the returns of the last-mentioned proper officer.
Provisions for preventing the spread of certain diseases
9
1
The provisions of Schedule 3 shall have effect in relation to typhus and relapsing fever.
2
The provisions of Schedule 4 shall have effect in relation to food poisoning and to typhoid, paratyphoid and other salmonella infections, amoebic and bacillary dysentery, and staphylococcal infections likely to cause food poisoning.
Immunisation and vaccination
10
Where a case of any notifiable disease or of any disease mentioned in Schedule 1 (other than tuberculosis) occurs in a district or port health district, the proper officer of that district or port health district and of any adjacent district or port health district may, if he considers it in the public interest, arrange for the vaccination or immunisation, without charge, of any person in his district or port health district who has come or may have come or may come in contact with the infection and is willing to be vaccinated or immunised.
Measures against infected rats
11
Where a local authority or port health authority have reason to believe that rats in their district or port health district are threatened by or infected with plague, or are dying in unusual numbers, they shall if the district or port health district is in England report the matter to the Chief Medical Officer for England or if such district is in Wales to the Chief Medical Officer for Wales and take measures for destroying all rats in the district or port health district and for preventing rats from gaining entry to buildings.
Confidentiality of documents
12
Any certificate, or copy, and any accompanying or related document, shall be sent in such a manner that its contents cannot be read during transmission; and the information contained therein shall not be divulged to any person except —
a
so far as is necessary for compliance with the requirements of any enactment (including these Regulations), or
b
for the purposes of such action as any proper officer considers reasonably necessary for preventing the spread of disease.
Enforcement and publication
13
1
These Regulations shall be enforced and executed —
a
in the district of a local authority, by the local authority thereof; and
b
in a port health district, by the port health authority thereof, so far as these Regulations are in terms applicable thereto.
2
Every local authority shall send to any registered medical practitioner who after due enquiry is ascertained to be practising in their district —
a
a copy of these Regulations and
b
a copy of sections 10 and 11 of the Act.
Revocations
14
The regulations specified in column (1) of Schedule 5 are revoked to the extent specified in column (3) of that Schedule.
Signed by authority of the Secretary of State for Health.
Edwina Currie
Parliamentary Under-Secretary of State,
Department of Health
6th September 1988
Peter Walker
Secretary of State for Wales
6th September 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Consumer Credit (Exempt Agreements) (No. 2) (Amendment) Order 1988 and shall come into force on 3rd May 1988.
2
The Consumer Credit (Exempt Agreements) (No. 2) Order 1985 is hereby amended in paragraph (3) of Article 2 —
a
by inserting, after the word “only” in the first line, the figure “(i)”, and
b
by adding at the end of that paragraph the following: —
or (ii) where a debtor-creditor agreement to finance the alteration, enlarging, repair or improvement of a dwelling, secured by a land mortgage on that dwelling, is made as a result of any such services as are described in section 4(3)(dd) of the Housing Associations Act 1985 which are certified as having been provided by —
a
a local authority;
b
a housing association within the meaning of section 1 of the Housing Associations Act 1985 or Article 114 of the Housing (Northern Ireland) Order 1981 ;
c
a body established by such a housing association for the purpose of providing such services as are described in the said section 4(3)(dd);
d
a charity;
e
the National Home Improvement Council; or
f
the Northern Ireland Housing Executive.
.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
30th March 1988


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
Amendment of principal regulations
2
For Schedule 1 to the Seeds (National Lists of Varieties) (Fees) Regulations 1987 there shall be substituted the provisions set out in the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
25th February 1988
Peter Walker
Secretary of State for Wales
25th February 1988
Tom King
Secretary of State for Northern Ireland
1st March 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Maintenance of Seamen’s Dependants) (Amendment) Regulations 1988 and shall come into force on 11th April 1988.
2
The Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972 shall be amended by replacing in regulation 4(a) the reference to “the Ministry of Social Security Act 1966” by a reference to “the Social Security Act 1986” .
Paul Channon
Secretary of State for Transport
11th March 1988


text:
Citation, Commencement and Interpretation
1
These Regulations may be cited as the Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 and shall come into force on 1st January 1989.
Interpretation
2
In these Regulations:
“Code” means Chapter 10 of the Code of Safe Working Practices for Merchant Seamen published in 1978 by Her Majesty`s Stationery Office and any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“dangerous space” means any enclosed or confined space in which it is foreseeable that the atmosphere may at some stage contain toxic or flammable gases or vapours, or be deficient in oxygen, to the extent that it may endanger the life or health of any person entering that space;
“employer” means the person for the time being employing the master;
“fishing vessel” means a vessel which is for the time being employed in fishing but does not include a vessel used otherwise than for profit;
“gas carrier” means any ship constructed or adapted for the carriage in bulk of any liquefied gas;
“master” includes any person in charge of the vessel during the absence of the master but excludes a watchman;
“Merchant Shipping Notice” means a Notice described as such issued by the Secretary of State;
“offshore installation” means any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 ;
“pleasure craft” means a vessel primarily used for sport or recreation;
“tanker” means any ship constructed or adapted for the carriage in bulk of oil or chemicals;
“tons” means gross registered tons, and the gross registered tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.
Application
3
1
Subject to paragraph (2) of this regulation,
a
these Regulations except regulation 11 apply to United Kingdom ships; and
b
regulations 1, 2, 3, 11 and 12 apply to ships other than United Kingdom ships while they are in a United Kingdom port.
2
These Regulations do not apply to: —
a
fishing vessels;
b
pleasure craft;
c
offshore installations whilst or within 500 metres of their working stations; or
d
ships in which there is for the time being no master or crew or watchman.
Entrances to dangerous spaces
4
Except when necessary for entry thereto, the master of a ship shall ensure that all entrances to unattended dangerous spaces on the ship are either kept closed or otherwise secured against entry.
Entry into dangerous spaces
5
1
i
The employer shall ensure that procedures for ensuring safe entry and working in dangerous spaces are clearly laid down; and
ii
the master shall ensure that such procedures are observed on board the ship.
2
No person shall enter or remain in a dangerous space except in accordance with the procedures laid down pursuant to paragraph (1) of this regulation.
3
In fulfilling their duties under paragraph (1) and (2) above the employer, master and any other person shall take full account of the principles and guidance contained in the Code.
Drills
6
The master of:
a
any tanker or gas carrier of 500 tons and over, and
b
any other ship of 1000 tons and over
shall ensure that drills simulating the rescue of a crew member from a dangerous space are held at intervals not exceeding two months, and that a record of such drills is entered in the official log book.
Testing equipment
7
The employer shall ensure that each ship where entry into a dangerous space may be necessary shall carry or otherwise have available an oxygen meter and such other testing device as is appropriate to the hazard likely to be encountered in any dangerous space on board. The master shall ensure that such meter and any such other testing device are maintained in good working order and, where applicable, regularly serviced and calibrated according to the manufacturers` recommendations.
Penalties
8
1
Contravention of regulations 5 or 7 by an employer shall be an offence punishable on summary conviction by a fine not exceeding #2,000 or on conviction on indictment by imprisonment for a term not exceeding 2 years or a fine or both.
2
Contravention of regulation 4, 5, 6 or 7 by a master shall be an offence punishable on summary conviction by a fine not exceeding #1000.
3
Contravention of regulation 5(2) or 5(3) by any person other than the employer or master shall be an offence punishable on summary conviction by a fine not exceeding #400.
4
It shall be a defence for a person charged under this regulation, including a person charged by virtue of regulation 9, to show he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
9
Where an offence under any of these regulations is committed, or would have been committed save for the operation of regulation 8(4), by any person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this regulation whether or not proceedings are taken against the first mentioned person.
Inspection and detention of a United Kingdom ship
10
Any person duly authorised by the Secretary of State may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations he may detain the ship until the health and safety of those persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection and detention and other measures in respect of ships registered outside the United Kingdom
11
1
Any person duly authorised by the Secretary of State may inspect any ship other than a United Kingdom ship when the ship is in a United Kingdom port and if he is satisfied that the ship does not conform to the standards of health and safety required of United Kingdom ships by these Regulations, he may: —
a
send a report to the Government of the country in which the ship is registered and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to safety or health: —
i
take such measures as are necessary to rectify those conditions;
ii
detain the ship.
Provided that the measures specified in sub-paragraphs (a) and (b) may be taken only when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
2
If he takes either of the measures specified in paragraph (1)(b) the person duly authorised shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
3
The person duly authorised shall not in exercise of his powers under this regulation unreasonably detain or delay the ship.
Compensation and enforcement of detention
12
Section 460(1) and section 692(1) to (3) and (5) of the Merchant Shipping Act 1894 (which relate respectively to liability for costs and compensation for detention of a ship and enforcing the detention of a ship) shall have effect in relation to a ship detained under these Regulations subject to the following modifications: —
a
in section 460(1) the following words shall be omitted: —
“by reason of the condition of the ship or the act or default of the owner”
“provisional”
“as an unsafe ship”
“and survey”
“or survey”; and
b
for the words “this Part of this Act” in section 460(1) and “this Act” wherever they appear in section 692(1) to (3), there shall be substituted “the Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988”.
Signed by authority of the Secretary of State for Transport
Michael Portillo
Minister of State
Department of Transport
21st September 1988


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.5) Regulations 1988 and shall come into force on 1st January 1989.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulations 3, 4 and 5 (being provisions which vary the requirements as regards the weight 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 of regulation 3 (Interpretation)
3
In regulation 3(10), for “76 and 77” there shall be substituted “76, 77 and 79”.
Amendments of regulation 79
4
Regulation 79 shall be amended as follows —
a
in paragraph (3), for “paragraph (5)” there shall be substituted “paragraphs (5) and (6)”.
b
in paragraph (4), for “paragraph (5)” there shall be substituted “paragraphs (5) and (6)”.
c
after paragraph (5), there shall be added the following paragraphs —
6
Nothing in paragraphs (3) or (4) shall apply so as to prevent a semi-trailer being used on a road if —
a
it is a semi-trailer to which this paragraph applies; and
b
the weight transmitted to the road surface by all the wheels of any axle of the semi-trailer does not exceed the relevant weight.
7
Paragraph (6) applies to a semi-trailer if —
a
it has a total of three axles;
b
the outermost axles are spaced at a distance apart of at least 0.7m but not more than 3.25m, such distances being obtained as provided in regulation 3(10);
c
each axle is fitted with suspension devices in which air springs are used to support a substantial part of the weight borne on that axle; and
d
the devices are so interconnected and maintained that under any relevant condition of load the weight transmitted to the road surface by all the wheels of any one axle does not exceed the total weight transmitted to the road surface by all the wheels of any other axle by more than 500 kg.
8
For the purposes of paragraphs (6) and (7), in relation to a semi-trailer any two adjoining axles of which are spaced at such a distance apart as is specified in an item in column 2 of Part VI of Schedule 11 —
a
“air spring” means a spring operated by means of air or other compressible fluid under pressure;
b
“relevant condition of load” means a condition of load which causes the weight transmitted to the road surface by all the wheels of any one axle to exceed the weight shown in column 3 of that item;
c
“relevant weight” means the weight shown in column 4 of that item.
.
Amendments of Schedule 11
5
For the provisions of Part VI of Schedule 11 there shall be substituted the provisions set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
25th July 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Extension of Scope of Act and Meaning of Collective Investment Scheme) Order 1988 and shall come into force on 25th March 1988.
2
In this Order “ the Act ” means the Financial Services Act 1986.
Options
2
Paragraph 7 of Schedule 1 to the Act shall be amended by the insertion of “, palladium, platinum” after the word “gold” in sub-paragraph (c) of that paragraph.
Sale of goods and supply of services
3
Paragraph 19 of Schedule 1 to the Act shall be amended by —
a
inserting “subject to sub-paragraph (9) below,” before the words “this paragraph” in sub-paragraph (1); and
b
adding the following sub-paragraph after sub-paragraph (8) —
9
This paragraph does not have effect where either —
a
the customer is an individual; or
b
the transaction in question is the purchase or sale of an investment which falls within paragraph 6 or 10 above or, so far as relevant to either of those paragraphs, paragraph 11 above; or
c
the investments which the supplier manages or offers or agrees to manage consist of investments falling within paragraph 6 or 10 above or, so far as relevant to either of those paragraphs, paragraph 11 above; or
d
the advice which the supplier gives is advice on an investment falling within the paragraph 6 or 10 above or, so far as relevant to either of those paragraphs, paragraph 11 above.
.
Collective investment schemes
4
The references to a collective investment scheme in Schedule 1 to, and elsewhere in, the Act shall be amended by the deletion of section 75(6)(e) and the substitution of the following sub-paragraph —
e
arrangements where the entire contribution of each participant is a deposit within the meaning of section 5 of the Banking Act 1987 or a sum of a kind described in subsection (3) of that section;
.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
14th March 1988


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Joint Financing) Regulations 1988 and shall come into force on 1st January 1989.
Interpretation
2
In these Regulations “authorised person” means any constable or any person authorised by the Civil Aviation Authority (“the CAA ”) (whether by name or by class or description) either generally or in relation to a particular case or class of cases, and other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1985 .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for services provided by the Governments of Denmark and Iceland
4
1
In respect of each crossing between Europe and North America by an aircraft, wherever registered, in the course of which the aircraft is at any time north of the 45th parallel North between the meridians of 15° West and 50° West, the operator of the aircraft shall, upon completion of the crossing, pay to the CAA a charge of £35.94 computed as follows —
in respect of air navigation services provided by the Government of Denmark for such crossings £9.70;
in respect of air navigation services provided by the Government of Iceland for such crossings £26.24.
2
If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Canada, Greenland and the United States of America, Greenland and Iceland or Iceland and Europe, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).
3
If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Europe, Iceland and Canada or Iceland and the United States of America, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, two thirds of the amount of the charges specified in paragraph (1).
4
If an aircraft, wherever registered, without making a crossing for which a charge is specified in paragraph (1), (2) or (3), makes a crossing —
a
between any point and Europe, or
b
between any point and Iceland
in the course of which the aircraft does not cross the coast of North America but does cross the meridian of 30° West north of the 45th parallel North, the operator shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).
5
If the CAA is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of the CAA that some other person is the operator; and from the time when the notice is given the CAA shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner as if he were the operator.
6
For the purposes of this regulation —
a
a crossing shall be counted whether or not the aircraft takes off or lands in the areas mentioned;
b
“Europe” shall not include Iceland or the Azores.
Dispensations
5
The CAA may dispense wholly or in part with any charge payable under regulation 4 of these Regulations, if it determines that it is proper to do so, having regard to all the circumstances of the case.
Detention and sale of the aircraft for unpaid charges
6
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following Regulations, take such steps as are necessary to detain, pending payment, either,
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may sell the aircraft in order to satisfy the charges.
7
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 6(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
8
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
9
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
10
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
11
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 7 and 10 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
12
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
13
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 for the time being applies.
14
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
Disposal by the CAA of charges received under the Regulations
15
1
Subject to paragraph (2) of this regulation, the CAA shall remit to the Governments of Denmark and Iceland such sums as it may receive under these Regulations in respect of air navigation services provided respectively by those Governments.
2
The CAA may deduct from the sums so received and may retain as a fee, a sum not exceeding 5% of the sum remitted.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
6th December 1988
We consent to the making of regulations 4 and 5 of these Regulations.
David Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1988


text:
1
This Order may be cited as the International Trust Fund for Tuvalu (Immunities and Privileges) Order 1988 and shall come into force on the date on which the provisions of article 5 of the Agreement between the Government of the United Kingdom and the Governments of Australia, New Zealand and Tuvalu concerning the International Trust Fund for Tuvalu signed at Suva on 16th June 1987 becomes effective for the four Governments. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The International Trust Fund for Tuvalu (hereinafter referred to as the Organisation) is an organisation of which the United Kingdom and other sovereign Powers are members.
3
The Organisation shall have the legal capacity of a body corporate.
4
Within the scope of its official activities, the Organisation shall have exemption from taxes on income and capital gains.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.1) (Family Law) 1988 and shall come into force on 4th April 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall be amended in accordance with the following sub-paragraphs.
2
In rule 170B (parental rights, care and supervision etc. of children) , at the end insert the following paragraphs: —
11
Averments of other proceedings relating to children.A party under this section to a cause which includes an application for a custody order (as defined by section 1(1) (b) of the Family Law Act 1986) shall make averments in his pleadings giving particulars of any other proceedings known to him (whether in Scotland or elsewhere and whether concluded or not) which relate to the child in respect of whom the custody order is sought.
12
Disclosure of information about child’s whereabouts.Where the court pronounces an interlocutor ordering a person to disclose information to the court as to a child’s whereabouts under section 33(1) of the Family Law Act 1986, it may do so by ordaining that person to appear before it or to lodge an affidavit.
13
Applications for interdict under the Family Law Act 1986.An application by a person mentioned in section 35(4) (b) or (c) of the Family Law Act 1986 for interdict or interim interdict under section 35(3) of that Act shall be made by minute in the cause in which the application is to be made.
.
3
After rule 260E (applications in petition process for custody) insert the following rules: —
Averments of other proceedings relating to children
260EA
A party to a cause under this section for a custody order as defined by section 1(1) (b) of the Family Law Act 1986 shall make averments in his pleadings giving particulars of any other proceedings known to him (whether in Scotland or elsewhere and whether concluded or not) which relate to the child in respect of whom the custody order is sought.
Disclosure of information about child’s whereabouts
260EB
Where the court pronounces an interlocutor ordering a person to disclose information to the court as to a child’s whereabouts under section 33(1) of the Family Law Act 1986, it may do so by ordaining that person to appear before it or to lodge an affidavit.
Applications for interdict under the Family Law Act 1986
260EC
An application by a person mentioned in section 35(4) (b) or (c) of the Family Law Act 1986 for interdict or interim interdict under section 35(3) of that Act shall be made by minute in the cause in which the application is to be made.
.
4
After rule 260N (causes under the Financial Services Act 1986) , insert the following section and rules: —
SECTION 18 REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE FAMILY LAW ACT 1986
Interpretation
260P
1
In this section —
“the Act of 1986 ” means the Family Law Act 1986;
“appropriate court” means the High Court in England and Wales or the High Court in Northern Ireland, as the case may be;
“custody order” has the meaning assigned to it by sections 1, 32, 40, 42(5) and 42(6) of the Act of 1986;
“ Deputy Principal Clerk ” means the Deputy Principal Clerk of Session or another officer authorised by him;
“proper officer” means the Secretary of the Principal Registry of the Family Division of the High Court in England and Wales or the Master (Care and Protection) of the High Court in Northern Ireland, as the case may be;
“ Register ” means the Custody Orders Register kept under rule 260Q.
2
An application for the purposes of Part I of the Act of 1986 in relation to orders under section 1(1) (b) of that Act means an application by summons, petition, defences, answers or minute.
Custody Orders Register
260Q
1
The Deputy Principal Clerk shall maintain a register to be called the Custody Orders Register.
2
In Part I of the Register there shall be recorded applications for registration of a custody order in another part of the United Kingdom; and in Part II of the Register there shall be recorded custody orders registered for enforcement in Scotland.
Applications for registration of custody orders in another court
260R
1
An application under section 27 of the Act of 1986 to register a custody order made by the Court of Session in an appropriate court in England and Wales or Northern Ireland shall be made by letter to the Deputy Principal Clerk.
2
An application under paragraph (1) shall be accompanied by —
a
a copy of the letter of application;
b
an affidavit by the applicant;
c
a copy of that affidavit;
d
a certified copy interlocutor of the custody order;
e
a certified copy interlocutor of any variation which is in force of the custody order; and
f
any other document relevant to the application together with a copy of it.
3
An affidavit required under this rule should set out —
a
the name and address of the applicant and his right under the custody order;
b
the name and date of birth of the child in respect of whom the custody order was made, the present whereabouts or suspected whereabouts of the child and the name of any person with whom he is alleged to be;
c
the name and address of any other person who has an interest in the custody order;
d
whether the custody order is to be registered in England and Wales or Northern Ireland or both jurisdictions and the court in which it is to be registered;
e
whether the custody order is in force;
f
whether the custody order is already registered and, if so, where it is registered; and
g
details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the custody order is to be registered.
4
Where the Deputy Principal Clerk refuses to send an application under this rule to the appropriate court on the ground that the custody order is no longer in force, he shall notify the applicant in writing; and the applicant shall have the right to have the application brought before the Lord Ordinary for determination.
5
The Deputy Principal Clerk shall retain the letter of application under this rule together with any documents which accompanied it and which are not transmitted to the appropriate court under section 27(3) of the Act of 1986.
Transmission of application for registration
260S
1
Where the Deputy Principal Clerk is satisfied that the custody order is in force, he shall send the documents mentioned in section 27(3) of the Act of 1986 to the proper officer of the court in which the custody order is to be registered.
2
For the purposes of section 27(3) (b) of the Act of 1986 the prescribed particulars of any variation which is in force of a custody order shall be a certified copy interlocutor of any such variation.
3
On sending an application under paragraph (1), the Deputy Principal Clerk shall make an entry in Part I of the Register recording the date and particulars of the application and the custody order.
4
On receiving notification from a proper officer of an appropriate court that the custody order has been registered in that court under section 27(4) of the Act of 1986, the Deputy Principal Clerk shall record the date of registration in Part I of the Register.
Registration of custody orders from another court
260T
1
The prescribed officer under section 27(4) of the Act of 1986 shall be the Deputy Principal Clerk.
2
Where the Deputy Principal Clerk receives a certified copy of a custody order from a court in England and Wales or Northern Ireland for registration under section 27(4) of the Act of 1986, he shall enter the following particulars in Part II of the Register —
a
the name and address of the applicant and his interest under the custody order;
b
a brief description of the nature of the custody order, the date and the court which made it; and
c
the name and whereabouts or suspected whereabouts of the child who is the subject of the custody order, his date of birth and the date on which he will attain the age of sixteen.
3
On registering the custody order, the Deputy Principal Clerk shall —
a
retain the application and the documents which accompanied it; and
b
give notice in writing —
i
to the court from which he received the application; and
ii
to the applicant who applied for registration,
that the custody order has been registered.
4
Where the Deputy Principal Clerk notifies an applicant under paragraph (3), he shall state the date when the registration of the custody order will automatically cease to have effect on the child attaining the age of sixteen.
Cancellation or variation of registered custody orders
260U
1
Where the Court of Session revokes, recalls or varies a custody order which it has made, the Deputy Principal Clerk, on being informed by the party who applied for the revocation, recall or variation that the custody order has been registered in an appropriate court, shall —
a
send a certified copy interlocutor of the revocation, recall or variation to the proper officer of the court in which the custody order is registered;
b
record the transmission of the certified copy in Part I of the Register; and
c
record the revocation, recall or variation in Part I of the Register.
2
On receiving notification from the proper officer of the court in which the custody order is registered that he has amended his record, the Deputy Principal Clerk shall record the fact that the amendment has been made in Part II of the Register.
3
Where the Deputy Principal Clerk receives a certified copy of an order which revokes, recalls or varies a custody order registered in the Court of Session from a court in England and Wales or Northern Ireland, he shall —
a
make an entry noting the change and the date of it in Part II of the Register; and
b
give notice in writing —
i
to the court from which he received the certified copy of an order which revokes, recalls or varies the custody order;
ii
to the person who applied for registration of the custody order; and
iii
if different, to the person who applied for the revocation, recall or variation of the custody order,
that he has amended the Register.
4
An application to the Court of Session under section 28(2) of the Act of 1986 to cancel all or a part of the registration of a custody order which it has registered shall be made by petition and shall be served on —
a
the person who applied for registration, if he is not the petitioner; and
b
any other interested person.
5
Where, under section 28(2) of the Act of 1986, the court cancels all or a part of the registration of a custody order which it has registered, the Deputy Principal Clerk shall —
a
make an entry noting the cancellation and the date of it in Part II of the Register; and
b
give notice in writing to —
i
the court which made the custody order;
ii
the person who applied for registration; and
iii
if different, the person who applied for cancellation of the custody order.
Enforcement of registered custody orders in Scotland
260V
1
Proceedings under section 29(1) of the Act of 1986 to enforce a custody order registered in the Court of Session shall be by petition presented to the Outer House.
2
Where the petitioner in an application under section 29(1) of the Act of 1986 is not the person who applied for registration, the petition shall be served on that person.
3
Subject to paragraph (4), rules 191 and 193 to 198 apply to a petition under this rule.
4
There shall be such intimation and service of a petition under this rule as the court may require.
260W. Applications to sist or refuse enforcement proceedings
1
An application under section 30(1) of the Act of 1986 to sist enforcement proceedings shall be made —
a
by lodging answers at any time in the process of the petition for enforcement; or
b
where answers have been lodged by the party making the application, by motion,
and served or intimated (as the case may be) on every other party and, if he is not a party, the applicant for registration of the custody order.
2
An application under section 30(3) of the Act of 1986 to recall a sist of enforcement proceedings shall be made by motion.
3
An application under section 31(1) of the Act of 1986 to dismiss a petition for enforcement shall be made —
a
by lodging answers at any time in the process of the petition for enforcement;
b
where answers have been lodged by the party making the application, by motion; or
c
at a hearing assigned for that purpose,
and served or intimated (as the case may be) on every other party and, if he is not a party, the applicant for registration of the custody order.
4
Where the court pronounces an interlocutor under section 30(2) or (3) or section 31(3) of the Act of 1986, the Deputy Principal Clerk shall —
a
make an entry noting the terms of the interlocutor and the date in Part II of the Register; and
b
give notice in writing —
i
to the person who applied for registration where he was not a party to the application under section 30(1) or section 31(1) or (2) of the Act of 1986; and
ii
to the court from which the application for registration was received,
of the terms of the interlocutor.
Miscellaneous provisions
260X
1
Where the court pronounces an interlocutor ordering a person to disclose information to the court as to a child’s whereabouts under section 33(1) of the Act of 1986, it may do so by ordaining that person to appear before it or to lodge an affidavit.
2
An application by a person mentioned in section 35(4) (b) or (c) of the Act of 1986 for interdict or interim interdict under section 35(3) of that Act shall be made by minute in the cause in which the application is to be made.
3
The Register may be inspected by —
a
the person who applied for registration; and
b
any other person who satisfies the Deputy Principal Clerk that he has an interest to do so.
.
Emslie
Lord President, I.P.D. Edinburgh
23rd March 1988


text:
1
Those lengths of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Council of Cornwall that the new trunk roads are open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2-CSW M29 marked“The Exeter-Launceston-Bodmin Trunk Road A30 (Launceston to Plusha) (Detrunking) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the trunk roads to be constructed by the Secretary of State in pursuance of the Exeter-Launceston-Bodmin Trunk Road A30 (Launceston to Plusha Improvement and Slip Roads) Order 1987 and“a new trunk road” means one of those highways;
iv
“the trunk road” means the Exeter-Launceston-Bodmin Trunk Road A30.
3
This Order shall come into force on 11th March 1988 and may be cited as the Exeter-Launceston-Bodmin Trunk Road A30 (Launceston to Plusha) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
16th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No.2) Regulations 1988 and shall come into force on 1st February 1989.
Amendment of Regulations
2
1
The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 shall be amended in accordance with the following paragraph of this regulation.
2
In Schedule 3A (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
for the reference to “Soaklens Solution” there shall be substituted a reference to “Soaclens Solution”; and
b
the following entries shall be inserted at the appropriate point in the alphabetical order —
Babysafe Tablets
Badedas Bath Gelee
Banfi Hungarian Hair Tonic
Bengers Food
Bioscal Hair Formula
Boots Orange Drink
Boots Soya Milk
Cadbury’s Coffee Compliment
Carnation Coffeemate
Cow & Gate Baby Milk Plus
Cuticura Medicated Foam BathT
Disprol Tablets
Farex Fingers
Farleys Rusks
Fresubin 750
Granose Liquid Soya Milk
Head & Shoulders Shampoo
Hedamol Capsules
Johnson & Johnson Baby Bath
Johnson & Johnson Baby Cream
Johnson & Johnson Baby Lotion
Johnson & Johnson Baby Shampoo
Luma Bath Salts
Milgard Baby Cleansing Milk
Nucross Coconut Oil
Nu-Soft Baby Oil
Ostermilk Complete Formula
Ostermilk Two Milk Powder
Robinsons Baby Rice
Savlon Baby Care Baby Bath
Scholl Foot Refresher Spray
Sebbix Shampoo
Setlers Liquid
Simple Hair Conditioner
Simple Shampoo
Sinitol Capsules
Sudafed Linctus
Tabmint Anti-Smoking Chewing Gum Tablets
Tidman’s Bath Sea Salt
Timotei Herbal Shampoo
Tonexis HP
Tudor Rose Bay Rhum
Unichem Baby Oil
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State,
Department of Health
30th December 1988


text:
Title and commencement
1
This Order may be cited as the Building Societies (Commercial Assets and Services) Order 1988 and shall come into force at the expiration of the period of two months beginning with the day on which this Order is made.
Interpretation
2
In this Order, except where the context requires otherwise —
“ the Act ” means the Building Societies Act 1986;
“the 1987 Order ” means the Building Societies (Limited Credit Facilities) Order 1987 ; and
“ society ” means a building society.
Class 3 assets
3
1
A society may, subject to the provisions of this Order, acquire, hold and dispose of the forms of property described in Section A of each Part of Schedule 1 below, as class 3 assets for the purposes of Part III of the Act, and for the purposes of the Act the power to acquire, hold and dispose of a description of property specified in any Part of that Schedule shall be treated as a separate power from the power to acquire, hold and dispose of a description of property specified in any other Part of that Schedule.
2
Section B of each Part of Schedule 1 below has effect for the purpose of specifying the conditions and restrictions subject to which a society may acquire, hold and dispose of property of the description specified in Section A of that Part of that Schedule.
3
Section C of each Part of Schedule 1 below has effect for the purpose of specifying, in relation to property of the description specified in Section A of that Part of that Schedule, how the aggregate value of that property is to be determined for the purposes of section 20 of the Act (commercial asset structure requirements for building societies) and, in the case of Part III of that Schedule, also contains provision whereby sums in addition to that value are to be taken into account for the purposes of that section.
Amendment of legislation relating to commercial assets
4
1
Schedule 2 to this Order shall have effect for the purpose of amending section 15 (loans for mobile homes) of the Act.
2
Schedule 3 to this Order shall have effect for the purpose of amending section 16 (loans to individuals) of the Act.
3
Schedule 4 to this Order shall have effect for the purpose of amending the 1987 Order.
Variation of Schedule 8 to the Act
5
The Parts of Schedule 8 (powers to provide services) to the Act are hereby varied so as to have effect as set out in Schedule 5 below.
Transitional provision
6
1
Nothing in this Order shall —
a
require a society to dispose of any property or rights held by it immediately before this Order came into force,
b
take away the power of a society to complete, or do such things as are reasonably necessary to enable it to complete, the performance of existing obligations, or
c
take away —
i
the power of a society which, at the time when this Order comes into force, has a qualifying asset holding to continue to invest in or continue to support any body corporate, or
ii
the power of a society which, at the time when this Order comes into force, does not have a qualifying asset holding to continue to invest in or continue to support any body corporate other than a subsidiary formed for the purpose of exercising the power in paragraph 9 (establishment and management of unit trust schemes for the provision of pensions) of Part I of Schedule 8 to the Act as it was before this Order came into force.
2
Nothing in this Order shall take away the power of a society, the memorandum of which empowered it before this Order came into force to provide estate agency services as specified in paragraph 13 (estate agency services) of that Part of that Schedule, to provide those services as so specified, pending the taking effect of the first alteration of the powers of the society under paragraph 4 (requirements for alteration of purpose, powers and rules) of Schedule 2 to the Act.
Consequential revocation and amendment
7
1
The Building Societies (Provision of Services) Order 1987 , the Building Societies (Provision of Services) ( No. 2) Order 1987 , the Building Societies (Provision of Services) (No. 3) Order 1987 and the Building Societies (Provision of Services) (No. 4) Order 1987 are hereby revoked.
2
The Building Societies (Banking Institutions) Order 1987 is hereby amended by the deletion, in article 2 thereof (which amends provisions of the Act), of paragraph (b) and of the word“; and” at the end of paragraph (a).
David Lightbown
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
30th June 1988


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Pressure Vessels (Verification) Regulations 1988 and shall come into force on 20th June 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the Executive” means the Health and Safety Executive;
“the Framework Directive” means the Council Directive No. 76/767/ EEC concerning the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them;
“pressure vessel” means any fixed or moveable vessel or receptacle in which a pressure of more than 0.5 bar above atmospheric pressure on a fluid (gas, steam or liquid) may obtain or develop except —
any vessel specially designed for nuclear use, failure of which can cause an emission of radioactivity;
any vessel specifically intended for installation on, or for the propulsion of, ships or aircraft; and
any pipeline or pipeworks;
“Separate Directives” means Council Directives No. 84/525/EEC , No. 84/526/EEC and No. 84/527/EEC concerning the approximation of the laws of the Member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders respectively; and any reference in these Regulations to the relevant Separate Directive is a reference to the Separate Directive which relates to the type of gas cylinder concerned.
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation, is a reference to the regulation so numbered in these Regulations;
b
a numbered paragraph, is a reference to the paragraph so numbered in the regulation in which that reference appears.
Appointment of inspection bodies
3
1
The Executive shall appoint a body or bodies of persons in accordance with the provisions of this regulation, to carry out inspection of gas cylinders, to affix EEC verification marks to such cylinders, to issue EEC verification certificates, and to do such other things as may be required or permitted of such a body under or in connection with the following provisions of these Regulations; and a body so appointed shall hereafter in these Regulations be referred to as an “inspection body”.
2
In making the appointment referred to in paragraph (1), the Executive shall take into account the minimum criteria set out in paragraphs 1 to 7 of Annex III of the Framework Directive; and for the efficient and proper functioning of the inspection body it may, in making such an appointment, impose such conditions as it thinks fit.
3
The said appointment —
a
may be for a fixed or indefinite time;
b
may be revoked at any time;
c
shall be revoked if the Executive has reason to believe that the inspection body does not meet, or has ceased to meet, the criteria referred to in paragraph (2) in respect of the appointment of such a body.
4
The Executive may vary or withdraw any or all of the conditions of appointment or impose additional conditions at any time for the efficient and proper functioning of the inspection body.
Presentation of gas cylinders for EEC verification
4
1
Gas cylinders may be presented by a manufacturer to an inspection body for EEC verification.
2
When presenting gas cylinders for EEC verification, the manufacturer shall provide the inspection body with such information and documents as the relevant Separate Directive requires and such further information and documents as the inspection body may reasonably require for the purposes of such verification.
EEC Verification
5
1
On being presented with gas cylinders for EEC verification, the inspection body shall, on payment of such fee as may be agreed between the inspection body and the manufacturer, carry out such checks, examinations and tests as are required for EEC verification by the Framework Directive and the relevant Separate Directive.
2
If the results of the checks, examinations and tests are satisfactory, the inspection body shall —
a
affix to the cylinders (in a visible, legible and indelible manner) the appropriate EEC verification marks required by the Framework Directive and the relevant Separate Directive, and such marks shall be affixed in the order required by those Directives; and
b
issue to the manufacturer an EEC verification certificate, which shall be in accordance with the model set out in the relevant Separate Directive.
Access to place of manufacture
6
The manufacturer of a gas cylinder which is subject to EEC verification shall allow an inspection body reasonable access to the place where the cylinder is manufactured if such access is essential to assist the proper carrying out of the verification.
Notices of refusal
7
1
On taking a decision refusing to affix the appropriate EEC verification mark or refusing to issue the appropriate EEC verification certificate (each referred to in regulation 5(2)) the inspection body shall, as soon as practicable thereafter, send to the manufacturer a notice in writing of that decision.
2
The notice referred to in paragraph (1) shall —
a
state the exact grounds on which the decision was based;
b
identify the gas cylinders concerned; and
c
inform the manufacturer of his right to apply for a review under regulation 8 and of the time limit for making the application referred to in paragraph (2) of that regulation.
Review
8
1
A manufacturer who is aggrieved by a decision of an inspection body refusing to affix the appropriate EEC verification mark or refusing to issue the appropriate EEC verification certificate (each referred to in regulation 5(2)) may apply to the Secretary of State for a review of the decision.
2
An application for review shall be made by written notice to the Secretary of State and shall be lodged not later than 14 days from the date on which the manufacturer received from the inspection body the notice referred to in regulation 7.
3
A notice of application for review shall state the grounds on which the application is made and shall be accompanied by —
a
copies of any documents which the manufacturer provided to the inspection body in connection with the presentation of the gas cylinders for verification; and
b
a copy of the notice from the inspection body referred to in regulation 7.
4
Where an application has been made for review the manufacturer shall retain the gas cylinders which are subject to the review until the time the review has been determined, and he shall, if required by the Secretary of State, make them available for inspection by a person appointed by the Secretary of State.
5
On an application for review the Secretary of State shall have the power to do anything which the inspection body is authorised or required to do under these Regulations and shall, if he determines to find in favour of the manufacturer, issue to him the EEC verification certificate referred to in regulation 5(2) and require the inspection body to affix to the gas cylinders concerned the marks referred to in that regulation; and upon being so required the inspection body shall affix those marks forthwith.
6
On an application for review the Secretary of State may —
a
hold an inquiry in connection therewith; and
b
appoint an assessor for the purpose of assisting with the review or any such inquiry.
7
On determining the review the Secretary of State may require the unsuccessful party to pay to the Secretary of State a specified sum in respect of the costs which the Secretary of State has incurred in conducting the review, and in ascertaining such costs the Secretary of State may determine the cost of employing an officer for any period on work appropriate to his grade by reference to the average cost to the Secretary of State of employing officers of his grade for that period.
False marks
9
1
No person other than an inspection body shall affix to a gas cylinder any of the EEC verification marks referred to in regulation 5(2), and no person shall affix to a gas cylinder any mark liable to be confused with any of those EEC verification marks.
2
Paragraph (1) shall have effect as if it were a health and safety regulation made under section 15 of the Health and Safety at Work etc. Act 1974 and the provisions of that Act as regards enforcement and offences shall apply to that paragraph.
Article 22 procedure for pressure vessels
10
1
In this regulation `the Article 22 procedure' is the procedure specified in Article 22 of the Framework Directive whereby a manufacturer wishing to export a pressure vessel which is subject to that Directive but not subject to the requirements of a Separate Directive, may have the vessel verified as conforming to the design requirements imposed by the law of the Member State to which the vessel is to be exported.
2
The Executive shall appoint a body or bodies of persons in accordance with the provisions of paragraphs (3) and (4) to verify pressure vessels under the Article 22 procedure.
3
In making the appointment referred to in paragraph (2), the Executive shall take into account the minimum criteria set out in paragraphs 1 to 7 of Annex III of the Framework Directive; and for the efficient and proper functioning of such a body it may, in making such an appointment, impose such conditions as it thinks fit.
4
The provisions of regulation 3(3) and (4) shall apply to an appointment under paragraph (2) as they apply to the appointment of an inspection body under that regulation.
5
An application for verification under the Article 22 procedure shall be made and dealt with in accordance with paragraphs 1 to 6 of Annex IV of the Framework Directive.
6
The Executive shall be responsible for discharging in Great Britain the functions placed on the recipient administration by Annex IV of the Framework Directive.
7
Where a manufacturer or his representative makes an application under the Article 22 procedure to the Executive, he or his representative, as the case may be, shall pay to the Executive a provisional fee equal to the amount the Executive estimates it will incur in, or in connection with, carrying out, or causing to have carried out, its functions in respect of the application concerned.
8
Where the costs incurred by the Executive are greater than the provisional fee, the difference between those costs and that fee shall be payable by the manufacturer to the Executive, and where those costs are less than the provisional fee, the difference between those costs and that fee shall be repayable by the Executive to the manufacturer.
9
For the purpose of estimating the provisional fee and ascertaining the costs incurred by it the Executive may determine the cost of employing an officer for any period on work appropriate to his grade by reference to the average cost to it of employing officers of his grade for that period.
Signed by the order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
17th May 1988


text:
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 3) Order 1988.
2
The provisions of the Education Reform Act 1988 specified in column 1 of Schedules 1 and 2 to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on the date specified in relation to each Schedule in the following table —
Schedule 1 30th November 1988 Schedule 2 1st April 1989


text:
Title and commencement
1
This Order may be cited as the Diseases of Fish (Definition of “Infected”) Order 1988 and shall come into force on 10th March 1988.
Amendment of definition of “infected” in Diseases of Fish Act 1937
2
In the definition of “infected” in section 10(1) of the Diseases of Fish Act 1937 , after the words “furunculosis of salmon,” there shall be inserted the words “gyrodactyliasis caused by Gyrodactylus salaris, ”.
Revocation
3
The Diseases of Fish Order 1966 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
3rd February 1988
Peter Walker
Secretary of State for Wales
4th February 1988


text:
1
This Order may be cited as the Landlord and Tenant Act 1987 (Commencement No. 2) Order 1988.
2
The following provisions of the Landlord and Tenant Act 1987 shall come into force on 18th April 1988 —
a
Part II (appointment of managers by the court);
b
Part III (compulsory acquisition by tenants of their landlord’s interest);
c
Part IV (variation of leases);
d
sections 52 to 60 (general) insofar as they relate to the provisions mentioned in paragraphs (a) to (c) above;
e
Section 61(1) (consequential amendments) insofar as it gives effect to paragraphs 1 and 2 of Schedule 4.
Nicholas Ridley
Secretary of State for the Environment
9th March 1988
Peter Walker
Secretary of State for Wales
10th March 1988


text:
1
This Order may be cited as the Public Utility Transfers and Water Charges Act 1988 (Commencement No. 1) Order 1988.
2
1
The provisions of the Act specified in Part I of the Schedule to this Order shall come into force on 18th May 1988.
2
The provisions of the Act specified in Part II of that Schedule shall come into force on 11th July 1988.
Nicholas Ridley
Secretary of State for the Environment
11th May 1988


text:
Title, commencement and extent
1
1
This Scheme may be cited as the Farm Woodland Scheme 1988 and shall come into force on 1st October 1988.
2
This Scheme shall apply to Great Britain.
Interpretation
2
1
In this Scheme unless the context otherwise requires —
“agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of agriculture;
“agricultural unit” means land which is occupied as a unit for agricultural purposes;
“agriculture” and cognate expressions shall be construed, in relation to England and Wales, 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 except that in either case such expressions shall not include the use of land for woodlands;
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or Wales, the Secretary of State;
“converted woodlands” means eligible land converted from agricultural use to use for woodlands in accordance with a plan of operations;
“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;
“disadvantaged land” means land —
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate,
which land is within the area shaded blue on the designated maps;
“eligible land” means —
arable land except where such land has been converted to arable since 31st December 1987;
improved grassland except where such land has been cultivated and re-seeded for the first time since 31st December 1987; or
agricultural land other than arable land and improved grassland which is either severely disadvantaged land or disadvantaged land, except where such land has been converted to agricultural use for the first time since 31st December 1987,
but does not include woodlands used for grazing cattle or sheep or land used for grazing horses;
“improved grassland” means grassland which has been cultivated and re-seeded within ten years prior to the date of an application for grant under this scheme which relates to that land;
“initial entrant” means an entrant into this Scheme whose application for grant is accepted under paragraph 3(1);
“nature reserve” means —
land subject to an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 that it shall be managed as a nature reserve;
land declared to be a national nature reserve by the Nature Conservancy Council pursuant to section 35 of the Wildlife and Countryside Act 1981 ;
“occupier” means a person who jointly or severally occupies land either as an owner or lessee and references to “occupies” and “occupation” shall be construed accordingly;
“plan of operations” means a plan of operations for the conversion of an area of eligible land to woodlands in pursuance of this Scheme which has been approved by the Forestry Commissioners under the Woodland Grant Scheme (being a scheme under which the Forestry Commissioners enter into agreements to make grants pursuant to section 1 of the Forestry Act 1979 for and in connection with the use and management of land for forestry purposes);
“severely disadvantaged land” means land —
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, severely restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
situated in the Isles of Scilly
which land is within the area shaded pink on the designated maps;
“subsequent entrant” means an entrant into this Scheme whose application for grant is accepted under paragraph 3(2).
2
Any reference in this Scheme to a numbered paragraph or Schedule shall be construed as a reference to the paragraph or Schedule bearing that number in this Scheme.
Requirements for entry into the Scheme
3
1
Subject to the provisions of this Scheme, a person may be accepted by the appropriate Minister as an initial entrant if, in the opinion of that Minister, he —
a
occupies eligible land in relation to which he makes an application to join the Scheme; and
b
carries on, whether personally or by a manager, an agricultural business on an agricultural unit which includes that land; and
c
has agreed with the Forestry Commissioners a plan of operations for conversion of that land from agricultural use to use for woodlands.
2
Subject to the provisions of this Scheme, a person may be accepted by the appropriate Minister as a subsequent entrant if, in the opinion of that Minister, he —
a
occupies converted woodlands, either with or without eligible land which remains the subject of a plan of operations which he agrees to complete, in relation to which he makes an application to join the Scheme; and
b
carries on, whether personally or by a manager, an agricultural business on an agricultural unit which includes those woodlands and (where applicable) that eligible land or is adjacent to them; and
c
occupies the land referred to in sub-paragraph (a) above in immediate succession to a previous occupier who had been accepted as an entrant into this Scheme.
3
In paragraph (2) above “immediate succession” means occupation of the land in question within 12 months of the termination of occupation by the previous occupier who was an entrant into this Scheme or by his personal representatives.
Applications for grant
4
Every application for grant under this Scheme shall be made in such form as the appropriate Minister may require.
Restrictions on acceptance of applications
5
1
The appropriate Minister shall not approve an application to enter this Scheme which relates to land which —
a
is registered as common land pursuant to the Commons Registration Act 1965 ;
b
forms part of a nature reserve;
c
was, in the opinion of the appropriate Minister, planted with woodlands to an appreciable degree before the plan of operations relating to that land was approved;
d
is occupied by a lessee unless the owner of that land has given his consent in writing to the occupier’s participation in the Scheme.
2
The appropriate Minister may refuse an application to enter this Scheme which relates to land —
a
in respect of which the payment of grant under this Scheme appears to that Minister to frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Economic Community;
b
which is occupied by a person who has been accepted as an initial entrant in relation to other land within three years of the coming into force of this Scheme.
3
For the purposes of sub-paragraph (1)(d) above, where land is occupied by a sub-tenant “owner” includes a superior tenant.
6
1
The appropriate Minister shall not approve an application to enter this Scheme which relates to land in England or Wales possession of which was obtained from a tenant of that land by means of a notice to quit —
a
to which Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986 applied; or
b
in respect of which a counter-notice could have been served under section 26(1)(b) of the Agricultural Holdings Act 1986 unless no such counter-notice was served or unless the Agricultural Land Tribunal consented to the operation of the notice to quit on the grounds set out in section 27(3)(e) of that Act (with or without other grounds).
2
The appropriate Minister shall not approve an application to enter this Scheme which relates to land in Scotland possession of which was obtaind from a tenant of that land by means of —
a
a notice to quit to which section 25(2)(c) of the Agricultural Holdings (Scotland) Act 1949 applied; or
b
a notice to quit in respect of which a counter-notice could have been served under section 25(1) of the Agricultural Holdings (Scotland) Act 1949 unless no such counter-notice was served or unless the Scottish Land Court consented to the operation of the notice to quit on the grounds set out in section 26(1)(d) of that Act (with or without other grounds); or
c
an authorisation given by the Scottish Land Court under section 12(1) of the Crofters (Scotland) Act 1955 to resume a croft or part of a croft; or
d
an authorisation given by the Scottish Land Court under section 12(3) of the Crofters (Scotland) Act 1955 to resume any land forming part of a common grazing; or
e
a notice served pursuant to a resumption clause in a lease.
7
The appropriate Minister shall not approve an application to enter this Scheme under paragraph 3(1) which relates to the conversion to woodlands of an aggregate of more than 40 hectares or less than 3 hectares of eligible land forming part of any one agricultural unit or which provides for the planting of any separate plantation of less than one hectare.
Requirements for persons taking part in the Scheme
8
1
A person whose application to enter this Scheme is approved shall thereupon enter into an undertaking with the appropriate Minister that he or his personal representatives will —
a
carry out the work described in any plan of operations relating to any land to which his application relates, being land which he or his personal representatives occupy, within the times and in the manner specified in the plan and to the satisfaction of the appropriate Minister;
b
maintain converted woodlands in respect of which he or they have received any grant under this Scheme in accordance with the rules and practice of good forestry to the satisfaction of the appropriate Minister throughout the period during which he or they receive payments of grant;
c
notify the appropriate Minister in writing —
i
of any change in occupation of the eligible land or converted woodlands which he or they occupy within one month of its occurrence;
ii
of the termination of the agricultural business carried on by him or them on the agricultural unit which includes or is adjacent to the eligible land or converted woodlands which he or they occupy;
d
furnish such information as to the agricultural business carried on by him or them on the agricultural unit which includes or formerly included or is or was adjacent to the eligible land or converted woodlands which he or they occupy, and as to those woodlands, as the appropriate Minister may require to evaluate the effectiveness of this Scheme.
2
An initial entrant or a subsequent entrant or their personal representatives shall cease to be eligible for payments of grant under this Scheme if at any time he or they cease to carry on an agricultural business on the agricultural unit which includes or is adjacent to the eligible land or converted woodlands which he or they occupy.
Farm woodland grants
9
1
Subject to the provisions of this Scheme, the appropriate Minister may make to an initial entrant or a subsequent entrant or their personal representatives grants for abating any financial loss which has been or will be suffered in consequence of their occupation of converted woodlands.
2
Grants under sub-paragraph (1) above shall be made by annual payments, in relation to the categories of converted woodlands specified in column 1 of Schedule 1 at the rate per hectare specified in column 2 of that Schedule and shall be paid in respect of the area of such converted woodlands remaining in the occupation of the claimant at the time the claim for grant is made.
Duration and payment of grant
10
1
Subject to the provisions of this Scheme, the number of annual payments under paragraph 9 paid in respect of any area of converted woodlands of a category specified in column 1 of Schedule 2 shall not exceed the maximum number of payments specified in column 2 of that Schedule in relation to converted woodlands of that category.
2
For the purposes of this paragraph the description of any area of converted woodlands specified in column 1 of Schedule 2 which applies when the plan of operations is complete shall remain applicable to any part of that area so long as payments of grant under this Scheme are being made in relation to that area.
3
In respect of each area of converted woodlands —
a
the first annual payment of grant under the Scheme shall be made, subject to the delivery of a duly completed claim form to the appropriate Minister, during the twelve months following the payment of the first instalment of grant made by the Forestry Commissioners in pursuance of the plan of operations for the conversion of that land;
b
subsequent annual payments shall be made on 1st October in each year or on such other date or dates in each year as the appropriate Minister may decide until the total number of annual payments equals the maximum number specified in the relevant section of column 2 of Schedule 2.
Claims for grant
11
Every claim for grant under this Scheme shall be made in such form and at such times as the appropriate Minister may require.
Financial limits
12
1
When by reason of the total of applications for grant under this Scheme already 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 from initial entrants, he may decide —
a
that he will not accept any such further applications for consideration under this Scheme until a time subsequently specified by that Minister;
b
that he will cease to approve existing applications from such entrants or postpone approval of them.
2
A decision by the appropriate Minister under sub-paragraph (1) above may relate to applications —
a
for grant under this Scheme in respect of any category of converted woodlands referred to in column 1 of Schedule 1; or
b
for any grant under this Scheme,
and in the case of a decision under sub-paragraph (1)(a) 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.
Variation of plans of operations
13
The occupier of land in respect of which grant is being paid, or is due to be paid, under this Scheme, may, with the agreement of the Forestry Commissioners and the appropriate Minister, vary his plan of operations in any manner they may approve consistent with this Scheme, and may thereafter claim the payment of grant in respect of the conversion to woodlands in accordance with the plan as so varied.
Withholding and recovery of grant
14
1
If at any time after the appropriate Minister has approved the entry of any person into this Scheme it appears to that Minister that that person with a view to obtaining the payment of grant under this Scheme has made any statement or furnished any information which is false or misleading in a material respect, the appropriate Minister may —
a
reduce or withhold any payment of grant due under the Scheme to the entrant or his personal representatives; and
b
recover from him or them an amount equal to any payments made under the Scheme or such part thereof as the appropriate Minister may specify; and
c
terminate the participation in the Scheme of the entrant or his personal representatives.
2
If at any time after the appropriate Minister has approved the entry of any person into this Scheme it appears to that Minister that that person or his personal representatives have without reasonable cause failed to carry out any undertaking given by him pursuant to paragraph 8 or to comply with any other requirement of this Scheme the appropriate Minister may —
a
postpone, reduce or withhold any payment of grant under this Scheme to the entrant or his personal representatives; or
b
recover from him or them an amount equal to any payments made under the Scheme or such part thereof as the appropriate Minister may specify; and
c
terminate the participation in the Scheme of the entrant or his personal representatives.
3
Before postponing, reducing, withholding or recovering any grant or terminating participation in the Scheme under this paragraph the appropriate Minister shall —
a
give to any person to whom any payment of such grant would be payable or from whom any such amount would be recoverable or whose participation in the Scheme is proposed to be terminated a written notification of the reasons for the action proposed to be taken by that Minister, and
b
afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
c
consider the report by a person so appointed and supply a copy of the report to the person mentioned in sub-paragraph (a) above.
4
The appropriate Minister shall not approve a further application to enter this Scheme made by a person whose participation in the Scheme has been terminated under this paragraph within three years of the date of that termination.
5
For the purposes of sub-paragraph (2) “reasonable cause” shall be taken to refer to ill-health or death of the entrant concerned or his personal representatives, severe weather conditions, shortage of suitable tree plants, or compulsory purchase of land in respect of which the applicant’s entry to the Scheme was approved, or such other exceptional circumstances as the appropriate Minister considers justify failure to carry out any undertaking or comply with any requirement under this Scheme.
Obligation to permit entry and inspection
15
1
The occupier of land to which an application for entry into this Scheme relates, or which is being converted to woodlands in pursuance of a plan of operations or which is converted woodlands and in respect of which grant is still being claimed, shall permit any officer duly authorised by the appropriate Minister, accompanied by such persons acting under his instructions as appear to the officer to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon and inspect any such land in order to verify the accuracy of any particulars given in any application or claim made under this Scheme, and compliance with the requirements of the Scheme.
2
The occupier shall render all reasonable assistance to the authorised officer in relation to the matters mentioned in sub-paragraph (1) above, and in particular shall, at the request of that officer, accompany him in making the inspection and shall identify any areas of land which are concerned in the application or claim in question.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th July 1988
Peter Walker
Secretary of State for Wales
25th July 1988
We approve
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Minimum Contributions under the Social Security Act 1986 Regulations 1988 and shall come into force on 1st July 1988.
Interpretation
2
In these Regulations unless the context otherwise requires —
“ the Act ” means the Income and Corporation Taxes Act 1988;
“ the Board ” means the Commissioners of Inland Revenue;
“tax week” means one of the successive periods in a tax year beginning with the first day of that year and every 7th day thereafter; the last day of a tax year (or, in the case of a tax year ending in a leap year, the last 2 days) to be treated accordingly as a separate tax week;
“tax year” means the 12 months beginning with 6th April in any year.
Recovery of any increase attributable to section 649 of the Act by the Secretary of State
3
1
The Secretary of State shall recover any increase attributable to section 649 of the Act in sums paid by him out of the National Insurance Fund from moneys advanced to him by the Board for that purpose in accordance with paragraph (2).
2
The Board shall from time to time, and in amounts and at intervals agreed by them with the Secretary of State, advance moneys to the Secretary of State for the purpose referred to in paragraph (1).
Information
4
1
In relation to any tax week in respect of which the Secretary of State pays any minimum contributions for the purposes of approved personal pension arrangements he shall give to the Board the information prescribed in paragraph (2).
2
The information prescribed in this paragraph is —
a
the identification number of the personal pension scheme in accordance with which the approved personal pension arrangements were made; and
b
in relation to each individual in respect of whom he pays minimum contributions for the purposes of approved personal pension arrangements —
i
his full name and national insurance number,
ii
the tax year in respect of which such contributions were paid,
iii
the amount of the increase in such contributions attributable to section 649 of the Act.
5
1
If the Secretary of State discovers that he has paid an amount by way of minimum contributions for the purposes of approved personal pension arrangements which —
a
he was not required to pay, or
b
he was required to pay but which he paid to other persons than the trustees or managers of the personal pension scheme to whom he should have made the payment,
and which he does not recover, he shall give to the Board the information prescribed in paragraph (2).
2
The information prescribed in this paragraph is —
a
the full name of the individual in respect of whom he made the payment,
b
his national insurance number,
c
the tax year in respect of which the payment was made,
d
the amount of the increase in the payment attributable to section 649 of the Act, and
e
the identification number of the personal pension scheme to the trustees or managers of which, or the full names and addresses of the other persons to whom, he made the payment.
Recovery of amounts representing basic rate tax
6
1
The like provisions as are contained in section 30 of the Taxes Management Act 1970 (recovery of overpayment of tax, etc ) shall apply in relation to the payment by the Secretary of State of an amount by way of minimum contributions which —
a
he was not required to pay, or
b
he was required to pay but which he paid to other persons than the trustees or managers of the personal pension scheme to whom he should have made the payment
as if an amount representing income tax at the basic rate on the amount paid had been income tax repaid to the person to, or in respect of, whom the amount was paid to which that person was not entitled.
2
An assessment made by virtue of this regulation shall be made by the Board and, subject to the provisions of these Regulations, the like provisions as are contained in the Taxes Management Act 1970 shall apply as if the assessment were an assessment to tax for the year of assessment in respect of which the amount was paid.
Northern Ireland
7
In relation to Northern Ireland, these Regulations shall have effect as if —
a
references to the Secretary of State were references to the Department of Health and Social Services for Northern Ireland; and
b
references to the National Insurance Fund were references to Northern Ireland National Insurance Fund.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
9th June 1988