text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Appro-priate Schemes) Regulations 1988; this regulation and regulations 2 to 11, 19 and 20 shall come into force on 1st March 1988, and regulations 12 to 18 shall come into force on 1st July 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“administrators”, in relation to a personal pension scheme, means the trustees or, if there are no trustees, the managers (except any trustee or manager who is resident outside the United Kingdom, or which, being a company, does not have its registered office in the United Kingdom), and any person who is resident in the United Kingdom, or which, being a company, has its registered office in the United Kingdom, who or which is authorised to act on behalf of the trustees, or, if there are no trustees, on behalf of the managers;
“the Board” means the Occupational Pensions Board;
“contracted-out”, “contracted-out scheme” and “money purchase contracted-out scheme” shall be construed in accordance with the Social Security Pensions Act 1975 .
“Friendly Society” means a Friendly Society registered under section 7(1)(a) of the Friendly Societies Act 1974 , or, as the case may be, under section 1(1) of the Friendly Societies Act (Northern Ireland) 1970 .
“investment business” has the meaning assigned to that expression by the Financial Services Act 1986 ;
“pensionable age” means, in the case of a man, 65, and in the case of woman, 60;
“scheme” (except in the expressions “contracted-out scheme”, “money purchase contracted-out scheme”, “occupational pension scheme” and “unit trust scheme”) means personal pension scheme;
“tax week” has the same meaning as in the Social Security Act 1975 ;
and other expressions have the same meaning as in the Act.
3
In these Regulations, unless the context otherwise requires, any reference —
a
to a numbered regulation is to the regulation in these regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Forms of schemes which may be appropriate schemes
2
1
Without prejudice to any other requirements imposed by the Act or regulations made under it, a personal pension scheme can be an appropriate scheme only if it is approved by the Inland Revenue under either Chapter II of Part I of the Finance ( No. 2) Act 1987 or Chapter II of Part II of the Finance Act 1970 by reference to section 20(2)(h) of that Act and in either case it takes the form specified in any one (but not more than one) of sub-paragraphs (a) to (c) namely —
a
an arrangement for the issue of insurance policies or annuity contracts;
b
a unit trust scheme of a kind mentioned in Part I of Schedule 1 to these regulations which has been authorised under section 78(1) of, or by virtue of paragraph 9 of Schedule 15 to, the Financial Services Act 1986;
c
an arrangement for the investment of contributions in an interest-bearing account or shares in or deposits with a building society as defined in the Building Societies Act 1986 .
2
For the purposes of this regulation a personal pension scheme which has been granted provisional approval by the Inland Revenue under the Personal Pension Schemes (Provisional Approval) Regulations 1987 shall be treated as being approved under Chapter II of Part I of the Finance (No. 2) Act 1987.
Persons who and bodies which may establish schemes
3
1
Without prejudice to any other requirements of the Act or regulations made under it —
a
an arrangement such as is described in regulation 2(1)(a) which is established by a Friendly Society can be an appropriate scheme only if paragraph (2) applies to that Friendly Society; and
b
an arrangement such as is described in regulation 2(1)(c) can be an appropriate scheme only if it is established by a person to whom or a body to which paragraph (3) applies.
2
This paragraph applies to a Friendly Society which —
a
is authorised by virtue of Chapter III of Part I of the Financial Services Act 1986; and
b
has disclosed in its audited accounts a contributions income of not less than £300,000 in the year 1986 and £400,000 in the year 1987.
3
This paragraph applies to —
a
a building society as defined in the Building Societies Act 1986;
b
a Pension Company within the meaning of the Building Societies (Designation of Pension Companies) Order 1987 which is an associated body of a building society within the meaning of section 18(17) of the Building Societies Act 1986;
c
an institution authorised under Part I of the Banking Act 1987 .
Information to be included in an application for an appropriate scheme certificate
4
1
Every application for an appropriate scheme certificate shall be made in writing to the Board and shall include the following particulars —
a
the name of the scheme and the address where it is administered;
b
the names and addresses of the trustees (if any) and administrators of the scheme;
c
the name, address and standing (in relation to the scheme) of the person applying for the certificate, if he is not the trustees or administrators, or one or some of them;
d
the name and address of the person who or body which has established the scheme (the address in the case of a company being that of its registered office);
e
such evidence as the Board may reasonably require that the scheme satisfies such of the requirements of regulation 3 as apply to it;
f
which of the forms specified in sub-paragraphs (a) to (c) of regulation 2(1) the scheme takes;
g
the name and address of a bank or building society which accepts payments made by automated direct credit transfer and the name and number of the account at that bank or building society, into which it is desired that minimum contributions should be paid; and
h
the date (being a date consistent with the provisions of regulation 5(2)(b)) from which it is desired that the certificate shall have effect.
2
Every application shall be accompanied by a copy of —
a
the documents constituting the scheme; and
b
the rules of the scheme, if they are not set out in those documents or any of them,
except where the Board in their discretion dispense wholly or partly with this requirement.
3
Every person who has made an application shall supply such other documents and information as the Board may reasonably require.
Issue of appropriate scheme certificates
5
1
When the Board have determined that a scheme should be treated as an appropriate scheme, they shall issue an appropriate scheme certificate to the person who applied for it, but no such certificate shall be issued before 1st July 1988.
2
The appropriate scheme certificate shall specify —
a
the name of the scheme and the address where it is administered; and
b
the date from which the certificate is to have effect, which shall be 6th April in 1987 or any later year and which may be earlier than the date on which the certificate is issued where the person who applied for the certificate has so requested, but, if the Board receive the application after 5th April 1989, not earlier than 6th April in the tax year in which the Board receive the application.
Further information and change of circumstances
6
The administrators of the scheme shall —
a
in such manner and at such times as the Board may reasonably require, furnish to the Board such reports, accounts and other documents and information relating to the scheme to which the certificate relates as the Board may reasonably require; and
b
notify the Board in writing of —
i
any change in the identity, names or addresses of the trustees (if any) and administrators of the scheme,
ii
any change in the name or address of the person who or body which has established the scheme,
iii
any change affecting the information given under regulation 4(1)(e) and (f), and
iv
any change of circumstances affecting the scheme as the Board may have required them to notify,
as soon as practicable after its occurrence; and the document by which the notification is given may be served by post.
Applications for the variation of, and to surrender, appropriate scheme certificates
7
1
Every application for the variation of, or to surrender, an appropriate scheme certificate —
a
shall be made in writing to the Board by the administrators of the scheme;
b
shall be made only after notices of intention to make that application have been given by the administrators in accordance with paragraph (2) except where (in the case of an application for the variation of an appropriate scheme certificate) the Board dispense with this requirement; and
c
shall include a statement that all notices required by paragraph (2) to be given in relation to that application have been duly given.
2
Notices of intention to make an application such as is mentioned in paragraph (1) shall be given in writing to —
a
any member of the scheme who has protected rights under it; and
b
any earner who, jointly with the trustees or managers of the scheme, has given in relation to the scheme a notice under section 1(9) of the Act which has not been cancelled,
by sending it to his last known address; and the document comprising the notice may be served by post.
3
Notices given under this regulation shall specify —
a
the name of the scheme and the address where it is administered;
b
the date (being a date consistent with the provisions of regulation 9(5)) from which it is desired that the variation or surrender shall have effect; and
c
where the application is to surrender an appropriate scheme certificate, any arrangements made or proposed for the preservation or transfer of protected rights under the scheme.
4
Every person who makes an application under this regulation shall supply such other documents and information as the Board may reasonably require.
Determination of question arising on an application for the issue of an appropriate scheme certificate
8
1
Subject to the provisions of this regulation, the Board shall treat an application for an appropriate scheme certificate as an application for the determination of the question whether the scheme in question shall be an appropriate scheme, and subject to the provisions of paragraph (3), they shall determine the question as soon as practicable.
2
The Board may refuse to give effect to an application if they are not satisfied that the applicant has complied with the provisions of regulation 4.
3
The Board may defer making a determination until such documents and information as are mentioned in regulation 4(2) and (3) have been supplied.
4
Where under this regulation the Board determine that a scheme should be treated as an appropriate scheme they shall issue an appropriate scheme certificate in accordance with regulation 5, and inform the Secretary of State that they have done so.
5
Where the Board’s determination under this regulation does not give effect to the application, the Board shall notify the applicant in writing of the determination and of the reasons for it and shall refer him to the Board’s powers of review under section 67 of the Social Security Act 1973 .
Determination of question arising on an application with a view to the variation or surrender of an appropriate scheme certificate
9
1
Subject to the provisions of this regulation, the Board shall treat an application made with a view to the variation or surrender of an appropriate scheme certificate as an application for the determination of the question whether the certificate should be varied or, as the case may be, whether the scheme should cease to be an appropriate scheme; and subject to the provisions of paragraph (3) they shall determine the question as soon as practicable.
2
The Board may refuse to give effect to an application if they are not satisfied that the applicant has complied with the provisions of regulation 7.
3
The Board may defer making a determination until such documents and information as are mentioned in regulation 7(4) have been supplied.
4
When the Board have made a determination under paragraph (1), they shall vary or accept the surrender of the certificate if such action would give effect to the determination, and inform the Secretary of State that they have done so.
5
The date from which a surrender or variation is to have effect shall be that on which the determination is made, except that, where the person who made the application has requested that it should have effect from a specific date which is earlier or later than the date on which the determination is made, it may have effect from that specific date, so however that that date shall not be earlier than the date on which the Board receive the application, or later than the last day of the tax year in which the Board receive the application.
6
Where the Board’s determination under this regulation does not give effect to the application, the Board shall notify the applicant in writing of the determination and of the reasons for it and shall refer him to the Board’s powers of review under section 67 of the Social Security Act 1973; and the applicant shall give notice in writing of the determination and the Board’s reasons for it, to —
a
any member of the scheme who has protected rights under it; and
b
any earner who, jointly with the trustees or managers of the scheme, has given in relation to the scheme a notice under section 1(9) of the Act which has not been cancelled,
by sending it to his last known address; and the document comprising the notice may be served by post.
Other circumstances in which the Board may cancel an appropriate scheme certificate
10
1
Where the Board have reason to suppose that any scheme to which an appropriate scheme certificate applies should not continue to be an appropriate scheme, and the administrators of the scheme have not shown to the satisfaction of the Board that it should so continue, the Board may determine that the scheme should not continue to be treated as an appropriate scheme; where they so determine, they shall cancel the certificate with effect from such date as they may specify (subject to paragraph (2)); the Board shall notify the administrators of the scheme in writing of their determination and the reasons for it and shall refer them to the Board’s powers of review under section 67 of the Social Security Act 1973, and shall also notify the Secretary of State of their determination.
2
The date from which the cancellation is to have effect shall be the date on which the certificate is cancelled, except that, where the Board consider that the scheme has failed to satisfy the requirements for continuing to be an appropriate scheme before that date, they may cancel the certificate with effect from an earlier date, so however that that earlier date —
a
shall not be a date other than 6th April in any year; and
b
shall not be earlier than 6th April in the tax year in which the Board consider that the scheme first failed to satisfy those requirements.
Determination of questions
11
Any question —
a
whether a scheme is, or at any time was, an appropriate scheme; or
b
for what period a scheme is or has been an appropriate scheme,
shall be determined by the Board.
Notice under section 1(9) of the Act
12
1
A notice under section 1(9) of the Act (notices to the Secretary of State by an earner and the trustees or managers of a scheme of willingness that that scheme should be his chosen scheme) shall be given in writing in such form as the Secretary of State may in his discretion accept.
2
Subject to paragraph (3), the date specified in a notice under section 1(9) as the date from which the scheme is to be the earner’s chosen scheme shall be one of the following dates, selected by the persons who give the notice, namely —
a
6th April in the tax year in which the Secretary of State receives the notice;
b
6th April in the next tax year; and
c
only in a case where the Secretary of State receives the notice before 6th April 1989, 6th April 1987.
3
In a case where a scheme (“the first scheme”) was an earner’s chosen scheme on the date with effect from which the first scheme ceased to be an appropriate scheme, the date specified in a notice under section 1(9) as the date from which another scheme (“the second scheme”) is to be the earner’s chosen scheme may be the date with effect from which the first scheme ceased to be an appropriate scheme (whether or not that date is 6th April), if that date is not earlier than whichever is the earlier of —
a
the date 6 months earlier than that on which the Secretary of State receives the notice; and
b
6th April in the tax year in which the Secretary of State receives the notice.
Notice under section 1(10) of the Act
13
1
A notice under section 1(10) of the Act (notice cancelling a notice given under section 1(9), in this regulation called “the relevant section 1(9) notice”) shall be given in writing and in such form as the Secretary of State may in his discretion accept.
2
The date specified in a notice under section 1(10) as the date from which the scheme is to cease to be the earner’s chosen scheme shall be 6th April in the tax year in which the Secretary of State receives the notice or 6th April in the next tax year, so however that if the notice is given by the earner and not by the trustees or managers of the scheme the date shall be at least a year later than the date specified in the relevant section 1(9) notice.
Circumstances in which minimum contributions are not to be paid to schemes
14
1
Minimum contributions shall not be paid in respect of an earner for any part of the tax year in which he attains pensionable age unless they were payable, or would have been payable had his earnings not been taken to be nil under regulation 17, in respect of him for the previous tax year.
2
After a scheme has ceased to be appropriate, minimum contributions shall not, except as provided by paragraph (11), be paid to the trustees or managers of that scheme for any period during which that scheme was appropriate by virtue of an appropriate scheme certificate which had effect from a date earlier than that on which it ceased to be appropriate.
3
After effect has been given to protected rights of an earner under a scheme, minimum contributions shall not, except as provided by paragraph (11), be paid to the trustees or managers of that scheme for any period during which that scheme was the earner’s chosen scheme by virtue of a notice given under section 1(9) of the Act which had effect from a date earlier than that on which effect was given to those protected rights.
4
Where —
a
but for the provisions of paragraph (2), or paragraphs (2) and (3), minimum contributions would have fallen to be paid to the trustees or managers of a scheme (“the first scheme”) which has ceased to be appropriate, for —
i
any tax year before it ceased to be appropriate; or
ii
any part of a tax year before it ceased to be appropriate;
b
no minimum contributions have been paid, except under this paragraph, in respect of that earner for the whole or any part of the period which begins on the first day of —
i
the tax year mentioned in sub-paragraph (a)(i), or
ii
the tax year mentioned in sub-paragraph (a)(ii),
and ends on the day before that on which the first scheme ceased to be appropriate; and
c
with effect from the date on which the first scheme ceased to be appropriate, another scheme (“the second scheme”) which is an appropriate scheme has become the chosen scheme of the earner in respect of whom the minimum contributions mentioned in sub-paragraph (a) would have fallen to be paid,
the minimum contributions which would have fallen to be paid to the trustees or managers of the first scheme, except any of them that have been paid in accordance with paragraph (5), shall be paid to the trustees or managers of the second scheme.
5
Where, but for the provisions of paragraph (3), or paragraphs (2) and (3), minimum contributions would have fallen to be paid to the trustees or managers of a scheme for any period before the end of the tax year in which effect was given to the protected rights in question, those minimum contributions shall, subject to paragraph (6), be paid, in the circumstances described in paragraphs (7), (10) and (13), to the persons described in paragraphs (8), (9), (11), (12) and (14) (and in no other circumstances and to no other persons).
6
In the case of a scheme which has ceased to be appropriate —
a
no payment shall be required under paragraph (5) if effect was given to the protected rights in question later than the end of the tax year immediately following the tax year which included the day with effect from which the scheme ceased to be appropriate; and
b
no payment shall be required under paragraph (5) of any minimum contributions that —
i
would have fallen to be paid for a period after the end of the tax year immediately preceding the tax year which included the day with effect from which the scheme ceased to be appropriate, or
ii
are required under paragraph (4) to be paid to the trustees or managers of another scheme.
7
Paragraphs (8) and (9) apply where effect has been given to the earner’s protected rights by the making of a transfer payment to another personal pension scheme or to an occupational pension scheme.
8
Where the personal pension scheme is an appropriate scheme or the occupational pension scheme is a money purchase contracted-out scheme the minimum contributions shall be paid to the trustees or managers of that scheme.
9
Where the circumstances described in paragraph (8) do not exist and the minimum contributions are payable for, or for part of, the tax year in which the earner attained pensionable age or died before attaining that age, the minimum contributions shall be paid to the earner or his widow or her widower, or if the earner died unmarried, they may at the Secretary of State’s discretion be paid to any person.
10
Paragraphs (11) and (12) apply where effect has been given to the earner’s protected rights by the purchase of an annuity or by the provision by the scheme of a pension.
11
Where —
a
the amount of the minimum contributions in question is at least 10 times as great as the lower earnings limit (within the meaning of section 1 of the Social Security Pensions Act 1975 ) for the tax year in which the Secretary of State first becomes aware that the minimum contributions are payable, or would be payable but for paragraph (2) or (3); and
b
the Secretary of State is satisfied that the minimum contributions will be applied fairly to increase the amount of the annuity or pension,
the minimum contributions shall be paid (in the case of an annuity) to the insurance company from which the annuity has been purchased or (in the case of a pension) to the trustees or managers of the scheme.
12
Where the circumstances described in paragraph (11) do not exist and the minimum contributions are payable for, or for part of, the tax year in which the earner attained pensionable age or died before attaining that age, the minimum contributions shall be paid to the earner or his widow or her widower, or if the earner died unmarried, they may at the Secretary of State’s discretion be paid to any person.
13
Paragraph (14) applies where effect has been given to the earner’s protected rights by the award of a lump sum.
14
Where the minimum contributions are payable for, or for part of, the tax year in which the earner attained pensionable age or died before attaining that age, the minimum contributions shall be paid to the earner or his widow or her widower, of if the earner died unmarried, they may at the Secretary of State’s discretion be paid to any person.
Manner of payment of minimum contributions
15
Minimum contributions shall be paid —
a
by automated direct credit transfer into a bank or building society account which relates to the relevant scheme and which accepts payments made by automated direct credit transfer; or
b
in such other manner as the Secretary of State may in his discretion approve.
Claim for the purpose of section 3(1)(b) of the Act
16
For the purpose of section 3(1)(b) of the Act, £1.00 shall be substituted for 2 per cent. of the earnings referred to in section 3(1)(a) if 2 per cent. of those earnings is less than £1.00 and the earner or his widow or her widower, or the administrators of the relevant scheme in respect of whom the minimum contributions are to be paid, applies or apply in writing in such form as the Secretary of State may in his discretion accept.
Calculation or estimation of earnings
17
1
In relation to any tax year, the earnings of an earner shall be calculated or estimated, for the purposes mentioned in this regulation, on the bases mentioned in this regulation.
2
In paragraph (3) —
“eligible tax week” means any tax week in any part of which the earner in question is at least 16 years of age, and in no part of which he is over pensionable age, and (for the purposes of paragraph (b), but not paragraph (a), of section 3(1) of the Act) which is not a week for which he is entitled to a Class 1 credit, by virtue of regulation 9 of the Social Security (Credits) Regulations 1975 , by reason of unemployment; and
“ineligible tax week” means any tax week which is not an eligible tax week.
3
In relation to any eligible tax week in a tax year the earnings of an earner shall be taken to be the amount calculated or estimated in accordance with paragraph (1) divided by the number of eligible tax weeks in that tax year, and in relation to any ineligible tax week they shall be taken to be nil.
4
For the purposes of section 3(1)(a) of the Act, the formula set out in paragraph (5)(a), or, if it produces a smaller value for X, the formula set out in paragraph (5)(b), shall be applied, so however that if the formula set out in paragraph (5)(a) produces a negative value for X, or if the value of P is nil, the value of X shall be taken to be nil.
5
The formulae mentioned in paragraph (4) are —
a
X=P+R}6S}652L; and
b
X=53U}652L.
6
For the purposes of section 3(1)(b) of the Act, the formula set out in paragraph (7)(a), or, if it produces a smaller value for X, the formula set out in paragraph (7)(b), shall be applied, so however that if the formula set out in paragraph (7)(a) produces a negative value for X, or if the value of P}6Q is nil, the value of X shall be taken to be nil.
7
The formulae mentioned in paragraph (6) are —
a
X=P}6Q+R}6S}652L; and
b
X=53U}652L.
8
In paragraph (9) —
a
“primary Class 1 contributions” does not include contributions which the earner, being a married woman or widow, is liable to make at a reduced rate in accordance with an election which she has made and which is still operative; and
b
the reference to contributions as having been paid includes the case of contributions which are treated as having been paid under regulation 39 of the Social Security (Contributions) Regulations 1979 but does not include the case of contributions which are treated as not paid under regulation 38(1) and (2)(a) of those regulations.
9
In this regulation —
a
L is the lower earnings limit (within the meaning of section 1 of the Social Security Pensions Act 1975 ) for the tax year in question;
b
P is the total earnings, insofar as the earnings for each week did not exceed U, paid to or for the benefit of the earner in relation to the tax year in question, in relation to which primary Class 1 contributions have been paid with respect to employments that are not contracted-out;
c
Q is that part (if any) of P which derives from employments prescribed under section 3(2) of the Act (employments in respect of which incentive payments are not to be made);
d
R is the total earnings, insofar as the earnings for each week did not exceed U, paid to or for the benefit of the earner in relation to the tax year in question, in relation to which primary Class 1 contributions have been paid with respect to employments that are contracted-out;
e
S is the total earnings, insofar as the earnings for each week equalled or exceeded L but did not exceed U, paid to or for the benefit of the earner in relation to the tax year in question, in relation to which primary Class 1 contributions have been paid with respect to employments that are contracted-out;
f
U is the upper earnings limit (within the meaning of section 1 of the Social Security Pensions Act 1975) for the tax year in question; and
g
X is so much of the earnings paid to or for the benefit of the earner with respect to any employment which is not contracted-out employment in relation to him as exceeds the lower earnings limit but does not exceed the upper earnings limit.
Adjustment of amount of minimum contributions
18
Where the amount of minimum contributions payable in respect of an earner in relation to a tax year would otherwise not be a whole number of pence, it shall be taken to be the nearest whole number of pence, or, when the 2 nearest whole numbers are equally near, the lower of them.
Cancellation of membership of interest-bearing account-funded appropriate personal pension schemes
19
1
Without prejudice to any other requirements imposed by the Act or regulations made under it, a personal pension scheme which comprises an arrangement of the kind described in regulation 2(1)(c) can be an appropriate scheme only if it satisfies the requirements of paragraph (2).
2
Without prejudice to any right of a member of the scheme, under section 15(1) of the Act or other rules of the scheme, the rules of the scheme shall include provision —
a
that, within 7 days of the day on which a person becomes a member of the scheme, he shall be served, personally or by post, with a notice in writing containing the information specified in Schedule 2 to these Regulations and a form of counter-notice; and
b
that, if the person signs the form of counter-notice or another document to the same effect and serves it —
i
by post or otherwise,
ii
not later than the fourteenth day after the notice referred to in paragraph (2)(a) is served on him,
iii
on the person nominated, in that notice, to accept service of it,
his membership of the scheme shall be cancelled and the contributions (if any) paid to the scheme by him or for him shall be returned, as soon as reasonably practicable, to the person who paid them.
3
Where a counter-notice of the kind mentioned in paragraph (2)(b) is properly addressed, pre-paid and served by post, it shall be deemed to have been duly served on the day on which it was posted.
Transitional provisions
20
1
During the period beginning on 1st July 1988 and ending on 5th April 1989 the Board may in their discretion issue an appropriate scheme certificate, notwithstanding that they have not satisfied themselves that the scheme in question satisfies the conditions for the issue of such a certificate, on the basis of —
a
the information specified in paragraph (2) given by the administrators of the scheme; and
b
an undertaking, given by any person having power to alter any of the rules of the scheme in question, to the effect specified in paragraph (3); and
c
an undertaking, given by the person who or body which has established the scheme, to the effect specified in paragraph (4).
2
The information mentioned in paragraph (1)(a) is to the effect that, to the best of the belief of the administrators, the documents submitted with the application satisfy the requirements for the issue of an appropriate scheme certificate in relation to the scheme in question.
3
The undertaking mentioned in paragraph (1)(b) is to the general effect that the person giving it will —
a
use his best endeavours to make, within such time as the Board may specify, such alterations to the rules of the scheme (having effect from the date from which the appropriate scheme certificate has effect) as may be necessary to make the scheme satisfy the requirements of Schedule 1 to the Act; and
b
within such time as the Board may specify lodge with the Board copies of the rules as so altered.
4
The undertaking mentioned in paragraph (1)(c) is to the effect that where, as a result of the Board’s cancelling the appropriate scheme certificate because alterations as mentioned in paragraph (3)(a) have not been made within the time specified by the Board, any person has incurred financial obligations in respect of personal pension protected rights premiums, the person or body giving the undertaking will provide any additional funds necessary to enable those financial obligations to be met.
5
For the purpose of section 5(8) of the Act, in a case where —
a
the Board have issued an appropriate scheme certificate by virtue of paragraph (1) and have subsequently cancelled it with effect from a date which is later than that with effect from which they issued it; and
b
the rules of the scheme as regards the protected rights of members are not in accordance with Schedule 1 to the Act,
the rules of the scheme shall be deemed to make any such provision as the Board may consider necessary to ensure that its members have protected rights which are in accordance with that Schedule.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
29th January 1988


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Merchant Shipping (Safety at Work Regulations) (Non-UK Ships) Regulations 1988 and shall come into force on 1st January 1989.
2
The Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 shall be amended by substituting for regulation 2(1)(b) the following:
b
these Regulations other than regulation 7 apply to ships other than United Kingdom ships when they are in a port in the United Kingdom.
.
3
The Merchant Shipping (Means of Access) Regulations 1988 shall be amended by substituting for regulation 3(1)(b) the following:
b
these Regulations, other than regulations 5, 6, 7(c) and 13, apply to ships other than United Kingdom ships when they are in a port in the United Kingdom.
.
4
The Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 shall be amended by substituting for regulation 3(1)(b) the following:
b
these Regulations, other than regulations 6 and 10, apply to ships other than United Kingdom ships when they are in a port in the United Kingdom.
.
5
The Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 shall be amended as follows: —
a
the following shall be substituted for regulation 3(1)(b): —
b
these Regulations other than regulation 13 apply to ships other than United Kingdom ships when they are in a port in the United Kingdom.
;
b
in regulation 10: —
i
the words “Except in relation to ships other than United Kingdom ships” shall be inserted at the start of regulation 10(1);
ii
there shall be added as regulation 10(3) the following:
3
In relation to ships other than United Kingdom ships, paragraph (1) above shall apply with the exclusion of the words “in a form approved by the Secretary of State”.
.
6
The Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 shall be amended by substituting for regulation 3(1)(b) the following:
b
these Regulations other than regulation 14 apply to ships other than United Kingdom ships when they are in a port in the United Kingdom .
.
Signed by the authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
23rd December 1988.


text:
1
This Order may be cited as the Sex Discrimination (Amendment) Order 1988 and shall come into force on 25th February 1988.
2
Subsections (2) and (3) of section 52 of the Sex Discrimination Act 1975 (certificate that act done for purpose of safeguarding national security to be conclusive evidence of that fact) shall cease to have effect in relation to the determination of the question whether any act is rendered unlawful by Part II of that Act, by Part III of that Act, so far as it applies to vocational training, or by Part IV of that Act taken with Part II or with Part III so far as it so applies.
3
Paragraphs (2) and (3) of article 53 of the Sex Discrimination (Northern Ireland) Order 1976 (certificate that act done for purpose of safeguarding national security or of protecting public safety or public order to be conclusive evidence of that fact) shall cease to have effect in relation to the determination of the question whether any act is rendered unlawful by Part III of that Order, by Part IV of that Order, so far as it applies to vocational training, or by Part V of that Order taken with Part III or with Part IV so far as it so applies.
G I de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Gipsy Encampments (City of Durham) Order 1988 and shall come into force on 14th September 1988.
2
The area of the City of Durham is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
12th August 1988


text:
1
This Order may be cited as the Beverages of an Alcoholic Strength not exceeding 5.5 per cent. (Provisions) (Appointed Day) Order 1988.
2
Section 1(5) of the Finance Act 1988 (with Part II of Schedule 1 to that Act) shall come into force on 1st October 1988.
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
P. G. Wilmott
Commissioner of Customs and Excise
21st September 1988


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1988, shall come into force on 22nd July 1988 and shall cease to have effect on 31st December 1988.
2
In this Order —
“sea area” means a statistical sub-area of the International Council for the Exploration of the Sea described in the Schedule hereto;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned.
Prohibition
2
Fishing for sole ( Solea solea ) —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,is prohibited.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
18th July 1988
Wyn Roberts
Minister of State, Welsh Office
19th July 1988
Tom King
Secretary of State for Northern Ireland
21st July 1988


text:
1
This Order may be cited as the Assured Tenancies (Approved Bodies) (No. 4) Order 1988 and shall come into force on 16th December 1988.
2
The bodies named in the Schedule to this Order are specified for the purposes of Part II of the Housing Act 1980.
Signed by authority of the Secretary of State
David Trippier
Parliamentary Under Secretary of State,
Department of the Environment
16th November 1988
Peter Walker
Secretary of State for Wales
17th November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Contracting-out (Miscellaneous Amendments) Regulations 1988, and shall come into force on 6th April 1988.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1984
2
1
The Occupational Pension Schemes (Contracting-out) Regulations 1984 shall be amended in accordance with the provisions of this regulation.
2
In regulation 1(2), in paragraph (b)(i) of the definition of“responsible paying authority”, for“satisfies the conditions specified in regulation 39” there shall be substituted“is an appropriate policy of insurance or an appropriate annuity contract for the purposes of section 52C” .
3
For paragraph (2) of regulation 2, there shall be substituted the following paragraph —
2
The employer of the earners in an employment who are members of a scheme may elect that that employment shall be contracted-out by reference to that scheme in relation to all those earners with or without the exception of those mentioned in either or both of sub-paragraphs (a) and (b), namely —
a
where a scheme makes provision whereby an earner in an employment to which the scheme relates may opt in writing not to join or, as the case may be, not to remain as a member of a section of the scheme whose members' employment will be contracted-out by reference to the scheme (whether or not the provision imposes any restriction on the number of times such an option may be exercised), any earner who so opts; and
b
in a case where it is possible for one or more earners to be unable to complete 5 years' service in that employment as members of that scheme before reaching the normal pension age of that scheme, the earner or earners whose length of service (consisting of service in that employment as a member of that scheme, or linked qualifying service in relation to such service, or both) falls short of a minimum length of service (not exceeding 5 years) specified in the rules of the scheme and who cannot (so far as is known when the contracting-out certificate is issued, or if later in the case of a particular earner, when he enters the employment) complete such a minimum length of service before reaching the normal pension age of the scheme.
.
4
In regulation 18 —
a
in paragraph (3), for“£5” there shall be substituted“£16”; and
b
in sub-paragraph (a) of paragraph (4), for“the subject of a certificate issued by the Secretary of State under section 22(9) of the 1977 Act and still in force” there shall be substituted“appropriately secured within the meaning of section 52C”.
5
For sub-paragraph (e) of paragraph (1) of regulation 19, there shall be substituted the following sub-paragraph —
e
cases where an earner’s accrued rights to guaranteed minimum pensions are appropriately secured within the meaning of section 52C.
.
6
At the beginning of paragraph (3), of regulation 22 there shall be inserted“Subject to paragraph (3A)” and after that paragraph there shall be inserted —
3A
In a case where an earner’s employment in contracted-out employment by reference to the scheme terminates on or after 6th April 1988 paragraph (3) shall have effect as if, for the reference to 8⅛ per cent. compound, there were a reference to 7½ per cent. compound; but if there has been transferred to the scheme the earner’s accrued rights to guaranteed minimum pension arising from contracted-out employment which terminated before that date and in relation to another scheme, this paragraph does not apply to those rights.
.
7
In regulation 22(4), there shall be added at the end,“or for members whose guaranteed minimum pensions are, or are to be, appropriately secured within the meaning of section 52C(4)”.
8
At the beginning of paragraph (7) of regulation 22, there shall be inserted“Subject to paragraph (7A)” and after that paragraph there shall be inserted —
7A
In a case where an earner’s employment in contracted-out employment by reference to the scheme terminates on or after 6th April 1988 paragraph (7) shall have effect as if for the reference to 8½ per cent. compound there were a reference to 7½ per cent. compound; but if there has been transferred to the scheme the earner’s accrued rights to guaranteed minimum pension arising from contracted-out employment which terminated before that date and in relation to another scheme, this paragraph does not apply to those rights.
.
9
In regulation 23 —
a
in paragraph (5)(b)(ii), for“£5”, in both places where it occurs, there shall be substituted“£16”; and
b
in paragraph (7) —
i
in sub-paragraph (a), for“the conditions prescribed in regulation 39” there shall be substituted“is an appropriate policy of insurance or an appropriate annuity contract for the purposes of section 52C”; and
ii
the word“or” at the end of sub-paragraph (b)(i) and sub-paragraph (b)(ii) shall be omitted.
10
In regulation 24(8) —
a
in sub-paragraph (a), the reference to“42(2)” shall be omitted; and
b
after sub-paragraph (a), there shall be inserted the following sub-paragraph —
aa
where it was paid under section 42(2), and the person in respect of whom it was paid has died, without leaving a widow, on or before the day 7 months after the date of termination of contracted-out employment in respect of which the premium is payable;
.
11
In regulation 33A, for“are appropriately secured” there shall be substituted“are, or are to be, appropriately secured”.
12
In regulation 38(1), for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
any person who is, or who in the opinion of the Secretary of State is likely to become, the responsible paying authority.
.
13
Regulation 39 shall be omitted.
14
In regulation 43 —
a
in paragraph (1), for“£5” there shall be substituted“£16”;
b
at the beginning of paragraph (4A) there shall be inserted“Except in a case to which paragraph (4B) applies,”; and
c
after paragraph (4A) there shall be inserted the following paragraph —
4B
Where the member is a married woman or widow, and effect has been given to her protected rights at a time when an election is operative that her liability in respect of primary Class 1 contributions shall be a liability to contribute at a reduced rate, paragraph (4A) shall not apply.
.
Amendment of Contracting-out (Protection of Pensions) Regulations 1984
3
1
The Contracting-out (Protection of Pensions) Regulations 1984 shall be amended in accordance with the provisions of this regulation.
2
In each of paragraphs (1) and (2) of regulation 6, for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
a rate which is directly related to the earner’s salary; and
b
some other rate which is not directly related to his salary,
.
Amendment of the Contracting-out (Transfer) Regulations 1985
4
1
The Contracting-out (Transfer) Regulations 1985 shall be amended in accordance with the provisions of this regulation.
2
In paragraph 1 of Schedule 1 for the words after“entered employment” there shall be substituted the words“with an employer who is, or in the case of a transfer to a section 49 salary-related scheme, is or was, a contributor to the receiving scheme.”
3
In paragraph 2 of Schedule 1 —
a
the words“The rights allowed in the receiving scheme to the earner or person concerned are, in the opinion of the trustees of the transferring scheme, at least equal in value to the rights transferred and” shall be omitted; and
b
in each of sub-paragraphs (a) and (b), for“the 2 schemes” there shall be substituted“the transferring scheme and the receiving scheme”.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
10th March 1988


text:
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
The Local Government (Direct Labour Organisations) (Competition) Regulations 1983 are hereby further amended by the substitution of“40%” for“70%” in Regulations 6(2)(a) and 8(2)(a).
Nicholas Ridley
Secretary of State for the Environment
1st February 1988
Peter Walker
Secretary of State for Wales
3rd February 1988


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (Tyne and Wear Passenger Transport Executive) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to “the map” is a reference to the map entitled “Map referred to in the Tyne and Wear Development Corporation (Vesting of Land) (Tyne and Wear Passenger Transport Executive) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment; the Secretary of State for Transport, the Tyne and Wear Passenger Transport Executive, the council of the city of Newcastle upon Tyne and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and stippled on the map.
Vesting of Land
3
The land described in the Schedule hereto and now vested in the Tyne and Wear Passenger Transport Executive or any local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
27th June 1988
Paul Channon
Secretary of State for Transport
16th June 1988


text:
Citation and commencement
1
This Order may be cited as the Industrial Training Levy (Road Transport) Order 1988 and shall come into force on 1st August 1989.
2
1
In this Order unless the context otherwise requires: —
a
“assessment” means an assessment of an employer to the levy;
b
“the Board” means the Road Transport Industry Training Board;
c
“business” means any activities of industry or commerce;
d
“employer” means a person who is an employer in the road transport industry at any time in the twenty-third levy period;
e
“exemption certificate” means a certificate issued by the Board under section 14 of the Industrial Training Act 1982;
f
“the industrial training order” means the Industrial Training (Road Transport Board) Order 1966 ;
g
“the levy” means the levy imposed by the Board in respect of the twenty-third levy period;
h
“notice” means a notice in writing;
i
“road transport establishment” means an establishment in Great Britain engaged in the twenty-third base period wholly or mainly in the road transport industry for a total of twenty-seven or more weeks or, being an establishment that commenced to carry on business in the twenty-third base period, for a total number of weeks exceeding one-half of the number of weeks in the part of the said period commencing with the day on which business was commenced and ending on the last day thereof;
j
“the road transport industry” does not include any activities which have been transferred from the industry of the Board to the industry of another industrial training board by one of the transfer orders but save as aforesaid means any one or more of the activities which, subject to the provisions of paragraph 2 of Schedule 1 to the industrial training order, are specified in paragraph 1 of that Schedule as the activities of the road transport industry or, in relation to an establishment whose activities have been transferred to the industry of the Board by one of the transfer orders, any activities so transferred;
k
“the twenty-third base period” means the period of twelve months that commenced on 6th April 1988;
l
“the twenty-third levy period” means the period commencing with the day upon which this Order comes into force and ending on 31st July 1990;
m
“the transfer orders” means: —
i
the Industrial Training (Transfer of the Activities of Establishments)( No. 2) Order 1974
ii
the Industrial Training (Transfer of the Activities of Establishments)(No. 2) Order 1975
iii
the Industrial Training (Transfer of the Activities of Establishments)Order 1976
iv
the Industrial Training (Transfer of the Activities of Establishments)(No. 3) Order 1976
v
the Industrial Training (Transfer of the Activities of Establishments) Order 1977
vi
the Industrial Training (Transfer of the Activities of Establishments) Order 1978
vii
the Industrial Training (Transfer of the Activities of Establishments)(No. 2) Order 1978
viii
the Industrial Training (Transfer of the Activities of Establishments) Order 1979
ix
the Industrial Training (Transfer of the Activities of Establishments) Order 1980
x
the Industrial Training (Transfer of the Activities of Establishments)(No. 2) Order 1980
xi
the Industrial Training (Transfer of the Activities of Establishments) Order 1981
xii
the Industrial Training (Transfer of the Activities of Establishments) Order 1985 .
2
Any reference in this Order to an establishment that commences to carry on business or that ceases to carry on business shall not be taken to apply where the location of the establishment is changed but its business is continued wholly or mainly at or from the new location, or where the suspension of activities is of a temporary or seasonal nature.
Imposition of the levy
3
The levy to be imposed by the Board on employers in respect of the twenty-third levy period shall be assessed in accordance with the provisions of the Schedule to this Order.
Assessment notices
4
1
The Board shall serve an assessment notice on every employer assessed to the levy.
2
The amount payable under an assessment notice shall be rounded down to the nearest £1.
3
An assessment notice shall state the Board’s address for the service of a notice of appeal or of an application for an extension of time for appealing.
4
An assessment notice may be served on the person assessed to the levy either by delivering it to him personally or by leaving it, or sending it to him by post, at his last known address or place of business in the United Kingdom or, if that person is a corporation, by leaving it, or sending it by post to the corporation at such address or place of business or at its registered or principal office.
Payment of levy
5
1
Subject to the provisions of this Article and of Articles 6 and 7, the amount of the levy payable under an assessment notice served by the board shall be due and payable to the Board in two instalments, as follows —
a
the first instalment, being that portion of the levy from which, in accordance with paragraph 4 of the Schedule to this Order, exemption certificates are not to exempt any employer in the industry, shall be due and payable on 1st September 1989, or one month after the date of the assessment notice, whichever is the later;
b
The second instalment, being the remainder, if any, of the levy, shall be due and payable on 1st December 1989, or one month after the date of the assessment notice, whichever is the later.
2
The amount of an assessment shall not be recoverable by the Board until there has expired the time allowed for appealing against the assessment by Article 7(1) of this Order and any further period or periods of time that the Board or an industrial tribunal may have allowed for appealing under paragraph (2) or (3) of that Article or, where an appeal is brought, until the appeal is decided or withdrawn.
Withdrawal of assessment
6
1
the Board may, by a notice served on the person assessed to the levy in the same manner as an assessment notice, withdraw an assessment if that person has appealed against that assessment under the provisions of Article 7 of this Order and the appeal has not been entered in the Register of Appeals kept under the appropriate Regulations specified in paragraph (5) of that Article.
2
The withdrawal of an assessment shall be without prejudice to the power of the Board to serve a further assessment notice on the employer.
Appeals
7
1
A person assessed to the levy may appeal to an industrial tribunal against the assessment within one month from the date of the service of the assessment notice or within any further period or periods of time that may be allowed by the Board or an industrial tribunal under the following provisions of this Article.
2
The Board by notice may for good cause allow a person assessed to the levy to appeal to an industrial tribunal against the assessment at any time within the period of four months from the date of the service of the assessment notice or within such further period or periods as the Board may allow before such time as may then be limited for appealing has expired.
3
If the Board shall not allow an application for extension of time for appealing, an industrial tribunal shall upon application made to the tribunal by the person assessed to the levy have the like powers as the Board under the last foregoing paragraph.
4
In the case of an assessment that has reference to an establishment that ceases to carry on business in the twenty-third levy period on any day after the date of the service of the assessment notice, the foregoing provisions of this Article shall have effect as if for the period of four months from the date of the service of the assessment notice mentioned in paragraph (2) of this Article there were substituted the period of six months from the date of the cessation of business.
5
An appeal or an application to an industrial tribunal under this Article shall be made in accordance with the Industrial Tribunals (England and Wales) Regulations 1965 except where the assessment relates to persons employed at or from one or more establishments which are wholly in Scotland and to no other persons in which case the appeal or application shall be made in accordance with the Industrial Tribunals (Scotland) Regulations 1965 .
6
The powers of an industrial tribunal under paragraph (3) of this Article may be exercised by the President of the Industrial Tribunals (England and Wales) or by the President of the Industrial Tribunals (Scotland) as the case may be.
Evidence
8
1
Upon the discharge by a person assessed to the levy of his liability under an assessment the Board shall if so requested issue to him a certificate to that effect.
2
The production in any proceedings of a document purporting to be certified by the Secretary of the Board to be a true copy of an assessment or other notice issued by the Board or purporting to be a certificate such as is mentioned in the foregoing paragraph of this Article shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
26th October 1988


text:
Title and commencement
1
This Order may be cited as the Precept Limitation (Prescribed Maximum) (Inner London Education Authority) Order 1988 and shall come into force on 14th February 1988.
Prescription of maximum precept
2
There is hereby prescribed under section 1 of the Rates Act 1984, for the financial year beginning on 1st April 1988, as the maximum precept for the Inner London Education Authority the amount of 81.8 pence in the pound.
Kenneth Baker
Secretary of State for Education and Science
11th February 1988


text:
Citation and Commencement
1
This Order may be cited as the Grants by Local Housing Authorities (Appropriate Percentage and Exchequer Contributions) Order 1988, and shall come into force on the 36th day after the day on which it is made and shall have effect in relation to grants approved on or after that date.
Amendment to the Grants by Local Authorities (Appropriate Percentage and Exchequer Contributions) Order 1987
2
The Grants by Local Housing Authorities (Appropriate Percentage and Exchequer Contributions) Order 1987 is hereby amended by the addition, after article 1, of the following article,
1A
. Nothing in articles 2 to 7 below has any effect in relation to an application for a common parts grant.
Appropriate percentage for common parts grant
3
The appropriate percentage in relation to an application for a common parts grant is 75 per cent. in a case in which the building to which the application relates is, on the date on which the application is approved, within one of the following descriptions: —
a
a building within a housing action area;
b
a building which is unfit for human habitation;
c
a building containing one or more dwellings which lack one or more of the standard amenities, if such amenity or amenities are to be and can only be provided in the common parts of the building;
d
a building whose common parts are in need of substantial and structural repair.
4
1
In a case to which article 3 does not apply, the appropriate percentage in relation to a special application for a common parts grant is: —
a
in a case in which the building to which the application relates is situated in an area which, on the date on which the application is approved, is a general improvement area the sum of the following amounts —
i
75 per cent. in respect of the special works; and
ii
65 per cent. in respect of the remainder of the works, if any;
b
in any other case, the sum of the following amounts —
i
75 per cent. in respect of the special works; and
ii
50 per cent. in respect of the remainder of the works, if any.
2
In this article —
“a special application for a common parts grant”means an application for such a grant where the relevant works consist of or include special works;
“special works”means works needed to meet a requirement of a disabled occupant of a flat in the building to which the application relates, arising from the particular disability from which he suffers.
5
In a case to which neither article 3 nor article 4 applies, the appropriate percentage in relation to an application for a common parts grant is 65 per cent., where the building to which it relates is situated in an area which, on the date on which the application is approved, is a general improvement area.
6
In a case to which none of articles 3 to 5 applies, the appropriate percentage in relation to an application for a common parts grant is 50 per cent.
Contributions by the Secretary of State
7
With respect to applications for common parts grants, the percentages specified in subsection (3) of section 516 of the Housing Act 1985 are varied in the following descriptions of cases: —
a
in paragraph (a), by the substitution of 75 per cent. in respect of cases to which article 4(1)(a) or article 5 applies;
b
in paragraph (b), by the substitution of 90 per cent. in respect of cases to which article 3 applies.
Nicholas Ridley
Secretary of State for the Environment
11th December 1987
Peter Walker
Secretary of State for Wales
16th December 1987
We consent,
Tony Durant
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
12th January 1988


text:
Citation and commencement
1
This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1988 and shall come into force on 18th August 1988.
Amendment of the General Development Order
2
The Town and Country Planning General Development Order 1977 shall be amended by substituting, for article 10(2), the following —
2
Without prejudice to the generality of paragraph (1), the Secretary of State may in particular give directions —
a
that particular proposed development of a description set out in Schedule 1 or Schedule 2 to the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 is exempted from the application of those Regulations;
b
as to whether particular proposed development is or is not development in respect of which those Regulations require the consideration of environ-mental information (defined in those Regulations) before planning permission can be granted; or
c
that development of any class described in the direction is development in respect of which those Regulations require the consideration of such information before such permission can be granted.
3
A local planning authority shall deal with applications for planning permission for development to which a direction given under this article applies in such manner as to give effect to the direction.
.
Nicholas Ridley
Secretary of State for the Environment
19th July 1988
Peter Walker
Secretary of State for Wales
21st July 1988


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) (No. 3) Order 1988 and shall come into force on 6th October 1988.
2
For the purposes of section 160 of, and Schedule 7 to, the Income and Corporation Taxes Act 1988 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 13.5 per cent. per annum.
Alan Howorth
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 1988


text:
Title and commencement
1
This Order may be cited as the Veterinary Surgeons Act 1966 (Schedule 3 Amendment) Order 1988 and shall come into force on the day after the day on which it is made.
Amendment
2
For Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery) there shall be substituted the following Schedule —


text:
Citation, and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) Order 1988 and shall come into force on 1st March 1988.
Amendment of principal Order
2
The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order( ) shall be amended in accordance with articles 3 and 4 below.
3
In article 2(1) (interpretation) there shall be inserted immediately after the definition of “agreement ” the following definition:
“cow ” means a female bovine animal which has calved at least twice;
.
4
In article 2(1) (interpretation) there shall be substituted for the definition of “livestock unit ” the following definition:
“livestock unit ” means —
1 cow, or
1.25 bovine animals (other than cows) more than two years old, or
1.6 bovine animals (other than cows) from one year old to two years old inclusive, or
2.5 bovine animals less than one year old, or
6.66 sheep;
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th February 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
We consent,
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1988


text:
1
This Order may be cited as the A1 Trunk Road (Barnet Way, Barnet) (Prescribed Routes) Order 1988 and shall come into force on 3rd April 1988.
2
In this Order: —
“Barnet Way” means that length of the London-Edinburgh-Thurso Trunk Road (A1) in the London Borough of Barnet known as Barnet Way;
“central reservation” means that part of Barnet Way which separates the two carriageways of Barnet Way for the safety and guidance of vehicles using that road;
“the junction” means the junction of Barnet Way and Marsh Lane;
“the outer northbound right-turn lane” means the traffic lane, being part of the northbound carriageway of Barnet Way which is bounded on its eastern side by the central reservation, has a width of approximately 2.75 metres and extends from the junction southwards for a distance of 58 metres; and
“the inner northbound right-turn lane” means the traffic lane, being part of the northbound carriageway of Barnet Way, which is bounded on its eastern side by the outer northbound right-turn lane, has a width of approximately 2.75 metres and extends from the junction southwards for a distance of 58 metres.
3
Every person causing any vehicle to proceed in the outer northbound right-turn lane and in the inner northbound right-turn lane shall cause that vehicle to turn right.
4
No person shall cause or permit any vehicle proceeding in the northbound carriageway of Barnet Way, other than in the outer northbound right-turn lane and the inner northbound right-turn lane, to turn right at the junction.
5
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
John Dawson
Director (Transport) London Regional Office of the
Department of Transport
30th March 1988


text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) (No. 3) Regulations 1988 and shall come into force on 1st April 1989.
2
The Fire Services (Appointments and Promotion) Regulations 1978 shall be amended as follows: —
a
in regulation 4(1)(c) after the words“Regulation 5(1)(c), (d), (e)” there shall be inserted the words“, (ee)”;
b
in regulation 5(1), in paragraph (b), the words from“or, in the case of a person” to the end of the paragraph shall be omitted and for paragraphs (c) to (e) there shall be substituted the following provisions: —
c
subject to paragraph (3), shall be in height —
i
not less than 1.68 metres, and
ii
not more than 1.93 metres;
d
shall have satisfied a duly qualified medical practitioner selected by the fire authority maintaining the brigade that —
i
his lung function, assessed by the measurement of the forced expiratory volume in one second ( FEV 1 ) and the forced vital capacity ( FVC ), and
ii
his general level of fitness, including his aerobic capacity (VO 2 max), as measured by a step-test,are such as to enable him to undertake fire-fighting duties; and that he has not any physical abnormality and is not suffering from any disease which, in either case, would be likely to incapacitate him temporarily or permanently for the performance of the said duties;
e
shall have satisfied a duly qualified ophthalmologist selected by the fire authority maintaining the brigade that —
i
he has an uncorrected distance visual acuity, measured by the method known as the Snellen test, of 6/6, 6/6, and
ii
his unaided visual function, including his colour vision, is such as to enable him to undertake fire-fighting duties,and that he does not have any abnormality or suffer from any disease which, in either case, would be likely to affect such visual function, temporarily or permanently, so as to incapacitate him for the performance of the said duties;
ee
shall have taken, under the supervision of the fire authority maintaining the brigade, a test of the isometric muscle strength of his hand-grip and the combined lifting strength of his back and legs, and achieved a measurement of not less than —
i
in relation to the dominant hand, 35 kg ;
ii
in relation to the subordinate hand, 33 kg; and
iii
in relation to the back and legs, as measured by the method known as the leg/back pull test, 117 kg; and
c
in regulation 5(2) —
i
at the beginning there shall be inserted the word“(a)”;
ii
after the words“in relation to” the word“(a)” shall be omitted;
iii
after the words“temporary only;” the word“or” shall be omitted; and
iv
at the beginning of sub-paragraph (b) there shall be inserted the words“Nothing in paragraph (1)(b), (c), (e) or (f) of this regulation shall apply in relation to”;
d
for paragraph (3) of regulation 5 there shall be substituted the following provision: —
3
a
Subject to sub-paragraph (b) below paragraph (1)(a), (b) so far only as it relates to a minimum age of 18 years, (c), (d), and (ee) shall apply also in relation to the qualifications for appointment of a person as a retained member of a brigade.
b
Paragraph 1(c)(i) or (ii) (height limits) or, as the case may be, both the said sub-paragraphs, shall not apply in relation to such an appointment if the chief officer is satisfied that —
i
the remoteness of the station to which the person in question will be posted, and the scarcity of people living in the area in which the station is situated, make it impracticable to apply one or, as the case may be, both of the height limits referred to therein, and
ii
such arrangements as may be necessary to accommodate a height which does not meet such limit or limits, as the case may be, can be made without unduly impairing the operational efficiency of the brigade.
c
For the purposes of this regulation“retained member of a brigade” means a person who is to serve therein as a part-time member thereof on terms under which he is or may be required to engage in fire-fighting in return for an annual retaining fee.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
19th December 1988


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from 1st August 1988.
2
In this Order —
a
“the deposited plan” means the plan numbered HA 10/2E/281, marked “The Trunk Road A1081 (Bell Roundabout — London Colney Roundabout, Hertfordshire) (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;
b
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads, and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
c
“the Trunk Road” means the London Colney Bypass (A1081).
3
This Order shall come into force on 1st August 1988 and may be cited as the Trunk Road A1081 (Bell Roundabout — London Colney Roundabout, Hertfordshire) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
8th June 1988


text:
Citation and Commencement
1
This Order may be cited as the Judicial Pensions (Preserved Benefits and Personal Pension Option) Order 1988 and shall come into force on 1st September 1988.
Interpretation
2
In this Order —
“ the Act ” means the Judicial Pensions Act 1981 ,
“the Principal Order ” means the Judicial Pensions (Preservation of Benefits) Order 1988 ,
“ the Regulations ” means the Judicial Pensions (Personal Pension Option) Regulations 1988 ,
“judicial office” means one of the several offices referred to in sections 1, 5, 6, 7, 8, 10, 11, 12, 13, and 14 of and schedule 1 to the Act, and,
references to a person’s eligibility for a pension are, in relation to a judicial office which carries entitlement to a pension, references to such entitlement.
Preserved Benefits
3
For the purpose of assessing a person’s eligibility for a pension under the Principal Order he shall be deemed not to have held judicial office at any time when an election under section 14A of the Act as modified by the Regulations was in force in respect of him.
Mackay of Clashfern, C.
29th July 1988
Malcolm Rifkind
5th August 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment No.3 Order 1988 and shall come into force on 3rd October 1988.
2
In this Order “the principal Order” means the Food Protection (Emergency Prohibitions) Order 1988( ).
Designated incident
2
In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Amendment of the principal Order
3
1
In article 4 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of any sheep which —
a
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; and
b
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
2
For article 5 of the principal Order there shall be substituted the following article: —
5
1
No person shall move any sheep from any farm, agricultural holding, agricultural premises or holding in any of the designated areas.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
e
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
f
any sheep which was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
g
any sheep which was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark.
3
No person shall move into the designated areas any sheep which has been removed from those areas or from any area which is from time to time designated by an Order under section 1 of the said Act which refers to the escape of substances described in article 2 of this Order, except any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or which consent did not require that the sheep to which it applies should be marked.
.
3
In article 6 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
e
any sheep which-
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or
ii
was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark, or
iii
was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark, and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
Revocation
4
The Food Protection (Emergency Prohibitions) Amendment No. 2 Order is hereby revoked( ).
N E Sharp
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
29th September 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newcastle and Gateshead Water (Birch Trees No. 3 Spring) Order 1988 and shall come into force on 14th July 1988.
2
This Order shall be included among the enactments which may be cited together as the Newcastle and Gateshead Water Acts and Orders 1863 to 1988.
3
In this Order —
“the Company” means the Newcastle and Gateshead Water Company;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
1
The Company may when they have acquired the necessary lands or obtained sufficient rights therein continue, construct or reconstruct and maintain on or under the land described in Schedule 1 to this Order a collecting chamber.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
3
For the purposes of this Order the provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
13th July 1988


text:
1
The (A1) London — Edinburgh — Thurso Trunk Road (Newcastle Western Bypass and Slip Roads) Order 1986 is hereby varied so that in article 3, for the words “the date when the new trunk roads are open to traffic.” are substituted the words “1st April 1988”.
2
This Order shall come into force on 15th February 1988 and may be cited as the (A1) London — Edinburgh — Thurso Trunk Road (Newcastle Western Bypass and Slip Roads) Order 1986 (Variation) Order 1988.
Signed by authority of the Secretary of State.
J. A. Owen
Regional Director Northern Region
Department of Transport
15th January 1988


text:
1
1
These Regulations may be cited as the Local Government (Prescribed Expenditure) (Amendment) Regulations 1988.
2
These Regulations shall come into force on 10th March 1988.
3
These Regulations shall cease to have effect on 1st October 1988.
2
The Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987 are amended as follows —
a
in regulation 2, after the definition of “housing association” insert–
“land”, except where the context otherwise requires, includes buildings and structures on land;
;
b
after regulation 4(1)(d) insert–
e
land, vehicles, vessels, movable and immovable plant, machinery and apparatus if the authority disposing of the asset had no interest in it immediately before 1st April 1981 and the subsequent acquisition of an interest —
i
did not involve the authority in prescribed expenditure; or
ii
involved expenditure the amount of which was, for the purposes of Part VIII of the Act, nil;
f
land, vehicles, vessels, movable and immovable plant, machinery and apparatus where, if the authority were the party acquiring the asset under the transaction instead of the party disposing of it, the acquisition —
i
would not involve the authority in prescribed expenditure; or
ii
would involve expenditure the amount of which was, for the purposes of Part VIII, nil.
;
c
for paragraph 3 of
Part I
of Schedule 3 substitute–
3
1
Expenditure on the acquisition of a leasehold interest in land to which this subparagraph applies except where —
a
it is intended at the time of acquisition that some person shall erect a building on the land for the authority; or
b
at the time of the acquisition the authority already owns the freehold of the land or has a leasehold interest in the land the term of which is greater than the term which is being acquired; or
c
there is in force at the time of acquisition or has been in force at any time during the five years immediately preceding the acquisition, a development agreement. In this subparagraph, “development agreement” means an agreement to which the acquiring authority is party and which requires or entitles —
i
another person to develop all or any part of the land in question; or
ii
that authority to acquire an interest in (or a right to use) the whole or any part of that land once specified conditions are satisfied.
2
Subparagraph (1) applies to an interest for a period not exceeding three years, other than a second lease, unless —
a
it is a lease which creates a tenancy to which Part II of the Landlord and Tenant Act 1954 (security for business and professional tenants) applies; or
b
the term of the lease, when added to the length of any period before the commencement of the lease (but after 1st April 1980) for which the authority was entitled to the rents and profits of the land or during which it occupied the land, exceeds three years.
3
Subparagraph (1) applies to a second lease if it is such a lease as is mentioned in subparagraph (4)(a) and the earlier interest was a lease acquired by the authority before 1st April 1980, the length of which does not exceed 20 years.
4
For the purposes of this paragraph, “second lease” means a lease (or assignment) by which —
a
an interest is granted to the authority to commence on the expiry of an earlier interest of the authority in the land in question; or
b
an interest is granted in land the whole or part of which has been occupied by the authority, or to the rents and profits of which the authority has been entitled, at any time less than twelve months before the date on which the lease commences (or the assignment takes effect), or, if earlier, the date on which the lease is granted (or assigned).
5
For the purposes of this paragraph the length of any interest shall be taken to be the maximum period for which any tenancy it creates can be enjoyed on the assumption that any right or option to renew it or to extend its term is exercised:
Provided that any tenancy to which Part II of the Landlord and Tenant Act 1954 applies shall be deemed to be capable of continuing for a maximum of 21 years irrespective of its length.
Nicholas Ridley
Secretary of State for the Environment
9th March 1988
Paul Channon
Secretary of State for Transport
9th March 1988
Peter Walker
Secretary of State for Wales
9th March 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described at Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”)
shall become trunk roads as from the date this Order comes into force.
2
The centre line of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The length of trunk road described in Schedule 3 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Cheshire that the new trunk road is open for through traffic.
5
The Secretary of State is authorised to construct the bridge specified in Schedule 4 in this Order as part of the main new trunk road.
6
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 10/1/CNW 245 marked “The East of Birmingham/Birkenhead Trunk Road (A41 Improvement at Chester and Slip Roads) 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 main new trunk road and the slip roads;
iv
“the Trunk Road” means the East of Birmingham/Birkenhead Trunk Road (A41),
7
This Order shall come into force on 25th February 1988 and may be cited as the East of Birmingham/Birkenhead Trunk Road (A41 Improvement at Chester and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
F Kendall
Regional Director North West Region
Department of Transport
15th January 1988


text:
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 1988 and shall come into force on 1st April 1988.
2
In article 17 of the Public Trustee (Fees) Order 1985 (“the principal Order”) the words in paragraph (4) from “in respect of the first £10,000” to “0.25 per cent” shall be omitted and the following substituted —
in respect of the first £20,000 1.25 per cent in respect of any excess over £20,000 up to £100,000 1 per cent in respect of any excess over £100,000 up to £250,000 0.5 per cent in respect of any excess over £250,000 up to £2,000,000 0.4 per cent in respect of any excess over £2,000,000 0.15 per cent.
3
In article 20 of the principal Order —
a
the figure “6½” shall be substituted for the figure “4½” in paragraph (2); and
b
the figure “2/13” shall be substituted for the figure “1⅔” in paragraph (3).
Tony Durant
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 17th March 1988
I hereby signify my sanction
Mackay of Clashfern, C.
Dated 21st March 1988