text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988 and shall come into force on 6th April 1988.
PART II
SUPERANNUATION
Interpretation
2
In this Part “the principal Regulations ” means the Local Government Super-annuation Regulations 1986 ; and unless the context otherwise requires expressions used in this Part which are also used in the principal Regulations have the same meaning as they have in those Regulations.
Leaving and rejoining a superannuation scheme
3
1
Regulation B1 of the principal Regulations shall be amended —
a
in paragraph (1), by inserting at the end the words “and regulations B1A to B1C”;
b
by omitting paragraphs (15A)(b), (15B), (17)(b) and (c) and (18); and
c
in paragraph (16), by inserting after the words “pensionable employee” the words “by virtue of an election under regulation B1A or B1C”.
2
After regulation B1 of the principal Regulations there shall be inserted —
Opting into pensionable employment
B1A
1
Notwithstanding anything in regulation B1 or Part IV of Schedule 2, a person who was not a pensionable employee on 5th April 1988 (before the amendment of these regulations by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988) shall not after that date become a pensionable employee unless he makes an election to become such.
2
An election under paragraph (1) shall be made by notice given in writing to the body which is to become the person’s employing authority.
3
Subject to paragraph (4), if a person gives notice of election at least one month before the date on which he commences his employment with the employing authority or such lesser period before that date as the authority allows, the election shall have effect from that date unless the notice specifies otherwise, and in any other case (whether the notice is given before or after the commencement of employment) it shall have effect from the day following the end of the relevant period, or such later date as may be specified in the notice.
4
In an exempt case, the body to which notice of election is given may give notice to the person electing that he is not to become a pensionable employee; and a case is an exempt case for these purposes if that person —
a
has attained or would, on or by the date on which he would otherwise become a pensionable employee pursuant to the election, have attained the age of 50 years; and
b
was first employed by that body before he attained that age.
5
A notice of election shall have effect —
a
subject to any subsequent notification under regulation B1B; and
b
both in relation to the employment with the body which is to become the person’s employing authority, and in relation to any subsequent employment under which the person may become a pensionable employee.
6
In paragraph (3), “the relevant period” means the period of service to which the person’s payment of wages or salary due from the employing authority next after the day on which the notice of election is given relates.
Opting out of pensionable employment
B1B
1
A pensionable employee may at any time notify his employing authority in writing that he does not wish to be such for the purposes of these regulations.
2
Subject to paragraph (3), a person giving a notification under paragraph (1) shall cease to be a pensionable employee from the day following the end of the relevant period, or such later date as may be specified in the notification.
3
In a case where the person was a pensionable employee on 5th April 1988 and the notification is given before 6th July 1988, he shall be treated as having ceased to be a pensionable employee on 6th April 1988 or such later date as may be specified in the notification.
4
A person giving a notification under paragraph (1) shall not again become a pensionable employee in that or another employment unless he makes an election in accordance with regulation B1C.
5
Any contributions paid with respect to a period during which a person is to be treated by virtue of a notification under paragraph (1) as not having been a pensionable employee shall be returned to him.
6
In paragraph (2), “the relevant period” means the period of service to which the person’s payment of wages or salary due from the employing authority next after the day on which the notification under paragraph (1) is given relates, or the period of 2 months beginning on that day, whichever ends the sooner.
Rejoining pensionable employment
B1C
1
A person who would be or become a pensionable employee in accordance with these regulations but for a notification under regulation B1B may, notwithstanding the giving of that notification but subject to paragraphs (3) and (4), subsequently elect so to become a pensionable employee.
2
An election under paragraph (1) shall be made by notice given in writing to the body which is to become the person’s employing authority.
3
A person who has made an election under paragraph (1) and who subsequently gives another notification under regulation B1B(1) may, subject to paragraph (4), make no further election under paragraph (1).
4
Notwithstanding paragraph (3), a person may elect under paragraph (1) whenever he begins a new employment which might fall within regulation B1, provided the notice of election is given to the new employing authority before or within the period of 3 months beginning with the day on which he begins that employment.
5
Regulation B1A(3) to (6) shall apply to an election under paragraph (1) as it applies to an election under regulation B1A(1).
.
3
Regulation B3 of the principal Regulations shall be amended by inserting after paragraph (4) —
4A
Without prejudice to paragraph (2), regulations B1A to B1C shall, without further provision, be taken to apply to any employee to whom an admission agreement relates, and in particular as if references to a pensionable employee included references to a person contributing or entitled to contribute to a fund by virtue of the agreement and references to regulation B1 included references to the agreement.
.
4
For regulation E22(2) of the principal Regulations there shall be substituted —
2
Subject to paragraphs (3), (4) and (5), for the purposes of this regulation the relevant period is the year ending with —
a
the day on which the person ceases to hold the employment or, if earlier, the day on which he becomes entitled to reckon 45 years as reckonable service in relation to the employment, disregarding reckonable service before attaining the age of 60 years beyond a total of 40 years; or
b
if on the day mentioned in sub-paragraph (a) the person was not a pensionable employee by virtue of a notification under regulation B1B, the day on which he ceased to be such under that notification.
.
5
In the definition of the expression “Local government employment” in Schedule 1 to the principal Regulations, for the words “is, or is deemed to be,” there shall be substituted the words “is or has been, or is or has been deemed to be,”; and in the definition of the expression “Pensionable employee” in that Schedule, after the words “regulation B1” there shall be inserted the words “to B1C”.
6
Part III of Schedule 2 to the principal Regulations shall be amended by inserting after paragraph 2 —
3
A person electing under paragraph 1(b) need not, before becoming a pensionable employee, make a further election under regulation B1A.
.
7
Part IV of Schedule 2 to the principal Regulations shall be amended —
a
in paragraph 1(1), by substituting for the words “(2) to (6)” the words “(2) to (5) and regulations B1A and B1B”, and by substituting for the words “may elect to become” the word “is”;
b
in paragraph 1(3), by substituting for the words “sub-paragraph (1)” the words “regulations B1A or B1C or notification under regulation B1B”;
c
by omitting paragraphs 1(6), 3 and 5;
d
in paragraph 1(7), by substituting for the words from “in all the employments” to the end the words “in all the qualifying part-time employments, of a person in relation to which an election under regulations B1A or B1C (or under paragraph 1(1) before its amendment by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988) has effect fall below 15, the person shall continue to be a pensionable employee unless he gives a notification under regulation B1B; but having given such a notification, a subsequent election to become a pensionable employee under regulation B1C shall not come into effect unless he is in respect of it in a qualifying part-time employment (or falls within some other description of pensionable employee in regulation B1).”;
e
in paragraph 2, by substituting for the words “elects to cease to be one” the words “gives a notification under regulation B1B; but having given such a notification, a subsequent election to become a pensionable employee under regulation B1C shall not come into effect unless he is in respect of it in a qualifying part-time employment (or falls within some other description of pensionable employee in regulation B1)”; and
f
in paragraph 4(c), by inserting after the words “paragraph 1(1)” the words “before its amendment by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988”.
8
Notwithstanding the amendments made by paragraphs (1)(b) and (7), any election made or notification given before 6th April 1988 to become, or to cease to be, a pensionable employee or admitted employee pursuant to the provisions referred to in those paragraphs shall have effect as if those amendments had not been made; and in particular —
a
if a person has elected before 6th April 1988 to become a pensionable employee or admitted employee under one of those provisions, but that election has not before that date come into effect, no further election under regulation B1A of the principal Regulations shall be required, and
b
if a person has elected before 6th April 1988 to cease to be a pensionable employee or admitted employee under one of these provisions, and after so ceasing subsequently becomes employed in another employment in which he may become such, regulation B1A(1) of the principal Regulations shall apply as if on 5th April 1988 he was not a pensionable employee or admitted employee (as the case may be) whether or not his election had effect by that date.
Additional contributions
4
1
After regulation C9 of the principal Regulations there shall be inserted —
Further additional contributions
C9A
1
A pensionable employee may at any time elect to pay contributions under this regulation in addition to those provided for by the foregoing provisions of these regulations.
2
Schedule 6A shall apply in relation to such an election and in relation to contributions payable under this regulation.
Effect of opting out of pensionable employment on certain additional payments
C9B
1
This regulation applies where a pensionable employee who —
a
has elected under regulations C6 or C8 (including those regulations as applied by regulation C9(1)) to make payments by way of additional contributions,
b
is making such payments in pursuance of regulations D10 or D11 of the 1974 regulations by virtue of regulation C9(2) of these regulations, or
c
is making payments in pursuance of regulations D6, D7 or D8 of the 1974 regulations by virtue of regulation C9(2) of these regulations,
gives notification in accordance with regulation B1B.
2
In a case mentioned in paragraph (1)(a) or (b), no further payments by way of additional contributions shall be payable from the day on which the person giving the notification ceases to be a pensionable employee; and the benefits to which he is entitled in relation to those contributions shall be calculated as if the payments had been discontinued under regulation D10(4A) of the 1974 regulations, or regulations C6(5) or C8(11) of these regulations, as the case may be.
3
In a case mentioned in paragraph (1)(c), paragraphs 5 and 6 of Schedule 6 shall apply as if the pensionable employee had ceased to hold a local government employment on the day on which he ceased to be a pensionable employee; and in particular if on that assumption he would become entitled to preserved benefits he may give notice under paragraph 6.
4
Paragraph (2) shall not preclude a person who has elected under regulation B1B making a further election under regulation C6 or C8 after again becoming a pensionable employee.
.
2
Regulation C11(1) of the principal Regulations shall be amended by inserting after sub-paragraph (c) —
, and
d
contributions payable under regulation C9A.
.
3
Regulation P10(4) of the principal Regulations shall be amended by inserting after sub-paragraph (b) —
bb
which of the employees referred to in sub-paragraph (a) and amounts referred to in sub-paragraph (b) are employees paying, and amounts representing deductions in respect of, additional contributions under regulation C9A,
.
4
After Schedule 6 to the principal Regulations there shall be inserted as Schedule 6A the Schedule set out in the Schedule to these Regulations.
Preserved benefits
5
1
Regulations C12(11)(b), E2(1)(b), E2(1)(c)(i), E5(1)(c)(i), E8(1)(c) and E10(1)(a) of the principal Regulations shall be amended by substituting for the words “5 years” the words “2 years”, and regulation C12(3) and (4) of those Regulations shall be amended by substituting for the words “5 years'” the words “2 years'”.
2
Regulation C12(5) of the principal Regulations shall be amended by substituting for the words “5 or more than 5 years'” the words “2 or more than 2 years'”.
3
Regulation E4(1)(b)(i) of the principal Regulations shall be amended by substituting for the words “one or more but less than 5” the words “at least one but less than 2”.
4
The amendments made by this regulation shall only apply in cases where the person ceased to hold the employment concerned, or (with respect to regulations E5(1)(c)(i), E8(1)(c) and E10(1)(a)) the death concerned occurred, on or after 6th April 1988.
Reckonable and qualifying service
6
1
Regulations D1(1) and D2(1) of the principal Regulations shall be omitted.
2
In the definition of the expression “Qualifying service” in Schedule 1 to those Regulations, for the words “regulation D2” there shall be substituted the words “Part D”.
3
In the definition of the expression “Reckonable service” in Schedule 1 to those Regulations, for the words “regulation D1” there shall be substituted the words “Part D”.
Ill-health retirement
7
For regulation E3(12) of the principal Regulations there shall be substituted —
12
Where —
a
regulation E2(1)(b)(i) (permanent ill-health etc. ) applies,
b
the person has not given a notification under regulation B1B, or, having given such a notification, has again by the date of cessation of employment become a pensionable employee by virtue of regulation B1C, and
c
the total of the person’s reckonable service and any qualifying service is not less than 5 years,
he is to be treated for the purposes of this regulation as being entitled to reckon as reckonable service an additional period calculated in accordance with Schedule 9.
.
Death grant
8
Regulation E11 of the principal Regulations shall be amended —
a
in paragraph (1), by substituting for sub-paragraph (a) —
a
was a pensionable employee, or
;
b
by inserting after sub-paragraph (d) of paragraph (1) —
or
e
was in a local government employment and was entitled to reckon at least 2 years' reckonable service, but was not a pensionable employee by virtue of a notification under regulation B1B,
;
c
in paragraph (8), by inserting after the words “paragraph (1)(d)” the words “or (e)”;
d
in paragraph (9)(a), by substituting for the words “paragraph (1)(a) or (d)” the words “paragraph (1)(a), (d) or (e)”; and
e
by inserting after paragraph (13) —
14
Where a person qualifies for a death grant under more than one sub-paragraph of paragraph (1), he shall be treated as having qualified under the sub-paragraph which would, in accordance with the preceding paragraphs, result in the highest amount of grant being paid.
.
Gratuities
9
1
Regulation K1(3) of the principal Regulations shall be amended by inserting after sub-paragraph (c) —
, or
d
during which he is not a pensionable employee by virtue of a notification under regulation B1B or a failure to elect under regulation B1A.
.
2
Regulation K1(4) of the principal Regulations shall be amended by inserting at the end of sub-paragraph (b) the words “or which, but for an election by that person on or after 6th April 1988 not to participate in the benefits of such a scheme, might have been so taken into account,”.
Injury allowances
10
1
Regulation L5(1) of the principal Regulations shall be amended by inserting after the words “relevant body may” the words “(if there is such a shortfall as is mentioned in paragraph (2)(a))”.
2
Regulation L8(c) of the principal Regulations shall be amended by omitting the words from “out of any fund” to “transferred”.
3
The amendment made by paragraph (2) shall only apply in cases where the person ceased to hold the employment concerned, suffered the reduction in his remuneration or died (as the case may be) on or after 6th April 1988.
PART III
COMPENSATION
Interpretation
11
In this Part “the 1982 Regulations ” means the Local Government (Compensation for Premature Retirement) Regulations 1982 .
Interpretation of the 1982 Regulations
12
After paragraph (3) of regulation 2 of the 1982 Regulations there shall be inserted —
4
Where in these regulations references are made to anything done under, required under or arising under any provision of the Superannuation Regulations, those references shall be construed so far as the context permits as references to anything done under, required under or arising under the corresponding provision of the Local Government Superannuation Regulations 1974 ; and where any references are made to a pensionable employee or a person who would be or would have been a pensionable employee within the meaning of the Superannuation Regulations, those references shall be construed so far as the context permits as references to a pensionable employee or, as the case may be, to a person who would be or would have been a pensionable employee, within the meaning of the Local Government Superannuation Regulations 1974.
.
Definitions
13
Regulation 3 of the 1982 Regulations shall be amended —
a
in the definition of “former employment”, by omitting the words from “and paragraphs” to the end;
b
in the definition of “new employment”, by substituting for the words “and paragraphs (7) to (9)” the words “and paragraph (10)”, and by substituting for the words “as if” to the end of the definition the words “as it applies for the purposes of that regulation”;
c
by substituting for the definition of “occupational pension” —
“occupational pension” in relation to a person means a pension to which he has become entitled, whether payable immediately or in the future, being —
a
a pension associated with any employment which is payable under an enactment (not being for these purposes an enactment comprised in the Social Security Act 1975 or the Superannuation Regulations), contract, scheme or other arrangement, including a pension under a personal pension scheme in relation to which the Secretary of State has paid contributions under section 1 of the Social Security Act 1986 , or
b
a pension derived from the payment of a transfer value calculated by reference to pension rights (contingent or otherwise) arising under the Superannuation Regulations or arising with respect to such a pension as is mentioned in paragraph (a) above,
and not being a pension which is a lump sum;
;
d
by omitting the words
“pensionable employee”, “pensionable remuneration”,
and “, “reckonable service””;
e
by inserting after the definition of “occupational pension” —
“pensionable employee” means a pensionable employee within the meaning of the Superannuation Regulations or a person who the employing authority are satisfied would be such or be treated as such but for a relevant disqualification; “pensionable remuneration” in relation to a person means the remuneration which is, or if there has been a relevant disqualification, which but for that disqualification and on the relevant assumptions would be, that person’s pensionable remuneration under the Superannuation Regulations;
;
f
by inserting after the definition of “periodic payment” —
“reckonable service” means any period of reckonable service within the meaning of the Superannuation Regulations, together with any period of special service not being special service consisting of periods of unpaid leave or other unpaid absence from duty;
;
g
by inserting after the definition of “redundancy payment” —
“the relevant assumptions” are the assumptions that —
a
during any period of special service a beneficiary was a pensionable employee within the meaning of the Superannuation Regulations,
b
a beneficiary’s reckonable service for the purposes of those regulations included any periods of special service which do not consist of periods of unpaid leave or other unpaid absence from duty,
c
for the purposes of regulation E3(12) of those regulations, no notification had been given under regulation B1B,
d
any notice or determination which, on the assumptions mentioned above, might have been given or made under regulation E22(3)(b) of those regulations with respect to a period of special service had been given or made,
e
any notice or determination which, on the assumptions mentioned above, might have been given or made under regulation E22(4) or (5)(c) of those regulations with respect to a period of special service had not been given or made, and
f
regulation E22(7) of those regulations did not apply with respect to a period of special service;
“relevant disqualification” in relation to a person means —
a
the requirement in regulation B1(3)(a) of or paragraph 1(4)(a) of Part IV of Schedule 2 to the Superannuation Regulations that a manual worker should have completed an appropriate 12 months' continuous employment before he may become a pensionable employee,
b
the failure of a medical examination required under regulation B1(16) of those regulations,
c
the making of an election under regulation B1(15B) of those regulations before its omission by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988,
d
the making of an election, or the absence of an election with respect to any period (as the case may be), under regulation B1(18) of or Part IV of Schedule 2 to the Superannuation Regulations before the omission or amendment of those provisions by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988,
e
the absence of an election under regulation B1A of the Superannuation Regulations with respect to any period,
f
the giving of a notification under regulation B1B of those regulations,
g
the absence of an election under paragraph 1(b) of Part III of Schedule 2 to those regulations with respect to any period, or
h
the making of an election, or the absence of an election with respect to any period (as the case may be), under regulation 25(3)(b) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987 ,
in consequence of one or more of which (either individually or cumulatively) that person has not become, has ceased to be or has not been treated as being a pensionable employee within the meaning of the Superannuation Regulations;
;
h
by inserting after the definition of “scheduled body” —
“special service” means any period of employment with respect to which the employing authority is satisfied that the person concerned would have been or been treated as being a pensionable employee within the meaning of the Superannuation Regulations but for a relevant disqualification, except that, in relation to any employment ending before he began his former employment, it only includes such periods as are continuous with the former employment; and a period of employment is continuous with the former employment for this purpose if in the interval between its ending and the former employment beginning there have been no breaks in employment with a scheduled body or a body mentioned in column 1 of Part 2 of Schedule 1 for periods of greater than one month and one day;
; and
i
in the definition of “the Superannuation Regulations”, by substituting for the figure “1974” the figure “1986”.
Persons to whom the 1982 Regulations apply
14
Regulation 4(1)(a) of the 1982 Regulations shall be amended —
a
by substituting for the words “regulation E2(3)(a)” the words “regulation E2(4)(a)”; and
b
by inserting after the words “the Superannuation Regulations” the words — “or they are satisfied that, but for a relevant disqualification and on the relevant assumptions, they would have so certified”.
Lump sum compensation and annual compensation
15
Regulation 6 of the 1982 Regulations shall be amended —
a
in paragraph (2), by inserting after the words “beneficiary is entitled” the words “(or, as mentioned in paragraph (4), would be entitled)”, and by inserting after the words “be increased” in sub-paragraph (a) the words “on the relevant assumptions”;
b
in paragraph (3)(a), by inserting after the words “be increased” the words “on the relevant assumptions”;
c
in paragraph (3B), by inserting after sub-paragraph (c) —
d
“reckonable service” has the same meaning as in the Superannuation Regulations, and
e
as respects an occupational pension which is a pension under a personal pension scheme in relation to which the Secretary of State has paid contributions under section 1 of the Social Security Act 1986 or is a pension derived from the payment of a transfer value calculated by reference to rights arising with respect to such a pension, the reference to “any period in respect of which he is entitled to the occupational pension” shall be construed as a reference to the period of employment by reference to which the Secretary of State has paid the contributions and (without prejudice to the generality of that expression in other cases) any period of employment in relation to which a transfer value has been paid into the personal pension scheme.
;
d
in paragraph (3C), by omitting the words “within the meaning of regulation E1 of the Superannuation Regulations”; and
e
in paragraph (4), by substituting for the words from “paragraphs” to “those regulations” the words “paragraphs (1)(b)(iii) and (4)(a) of regulation E2 of those regulations, or (except in relation to paragraph (3A)(c) above) to which but for a relevant disqualification he would be so entitled on the relevant assumptions and on the further assumption that, if the employing authority might have certified under regulation E2(4)(a) of those regulations, it had done so”.
Allocation of part of annual compensation
16
Regulation 7 of the 1982 Regulations shall be amended —
a
in paragraph (1), by substituting for the words “regulation E4” the words “regulation E20”;
b
in paragraph (2), by substituting for the words “and (3)(a)” the words “and (4)(a)”; and
c
by inserting after paragraph (4) —
5
Where regulation E20 of the Superannuation Regulations does not apply to a beneficiary in consequence of a relevant disqualification, paragraph (1) shall have effect as if he had been allowed as mentioned in that paragraph, and in such a case the annual compensation which he is entitled to surrender in accordance with paragraph (2) shall be such part as he may specify in the notice required under paragraph (1).
.
Widows' compensation
17
1
Regulation 8(1) of the 1982 Regulations shall be amended —
a
by substituting for the words from “(but for” to “pension scheme)” the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”; and
b
by substituting for the words “regulation E5(1)” the words “regulation E5(1) to (5)”.
2
Regulation 9(2)(b) of the 1982 Regulations shall be amended by inserting after the words “to reckon” the words “on the relevant assumptions”.
Children’s compensation
18
1
Regulation 10 of the 1982 Regulations shall be amended —
a
by substituting for the words from “(but for” to “pension scheme)” where they occur in paragraphs (1) and (2) the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”;
b
by substituting for the words “regulation E8(1)” where they occur in paragraphs (1) and (2) the words “regulation E8(1) to (3)”.
2
Regulation 11 of the 1982 Regulations shall be amended —
a
in paragraph (3)(b), by inserting after the words “to reckon” the words “on the relevant assumptions”;
b
in paragraph (4)(a), by substituting for the words “regulation E9(4)” the words “regulation E9(5)”; and
c
in paragraph (5), by substituting for the words from “(but for” to “pension scheme)” the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”, and by substituting for the words “regulation E9(5)” the words “regulation E9(7)”.
Widowers' compensation
19
Regulation 12 of the 1982 Regulations shall be amended —
a
in paragraph (1), by substituting for the words “regulation E12” in sub-paragraph (a) the words “regulation E12(3)”, and by substituting for the words “regulation E5(1) or E8(1)” the words “regulation E5(1) to (5) or E8(1) to (3)”; and
b
by inserting after paragraph (2) —
3
Where a female beneficiary is not a pensionable employee under the Superannuation Regulations by virtue of a relevant disqualification, and the circumstances have arisen such that she would have been able to give a notice under regulation E12(3) of those regulations if she were such an employee, she shall be treated for the purposes of this regulation as having given that notice.
.
New employment
20
1
Regulation 16 of the 1982 Regulations shall be amended —
a
in paragraph (2), by inserting after the words “becomes entitled” the words “(or but for a relevant disqualification and on the relevant assumptions would become entitled)”, and by inserting after the words “cessation of his new employment” the words “and on the relevant assumptions”, and
b
in paragraph (3), by substituting for the words “regulation D3(2)(b)” the words “regulation D3(7)”.
2
Paragraph 3 of Schedule 4 to the 1982 Regulations shall be amended —
a
by substituting for paragraph (a) —
a
“retirement pension” means —
i
a pension under regulation E2(1)(a) or (b) of the Superannuation Regulations, including an annual pension within the meaning of regulation E15(14) of the Superannuation Regulations; or
ii
an occupational pension
; and
b
by inserting after paragraph (b) —
; and
c
in calculating the annual rate of remuneration of a former, concurrent or new employment, regulation E15(6) to (9) of the Superannuation Regulations shall apply on the relevant assumptions as if a former or concurrent employment was a former employment, and a new employment was a new employment, within the meaning of that regulation, and with respect to the Table to regulation E15(6) as if the source of entitlement were the Superannuation Regulations; but in relation to a period of special service regulation E15(7) shall have effect as if the words “either” and “or he made contributions or payments under section 6(5) of the Act of 1937 or regulation C3 or C4” were omitted.
.
3
Sub-paragraph (1) of paragraph 6 of Schedule 4 to the 1982 Regulations shall be amended by inserting after the words “becomes entitled” the words “(or but for a relevant disqualification and on the relevant assumptions would become entitled)”.
Payment of compensation
21
Regulation 19(1) of the 1982 Regulations shall be amended by substituting for the words from “(but for” to “pension scheme)” the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”.
Paying authority
22
For regulation 20(4) of the 1982 Regulations there shall be substituted —
4
The authority which under the Superannuation Regulations is maintaining a superannuation fund with respect to whose benefits a beneficiary is participating (or but for a relevant disqualification and on the relevant assumptions would be participating) may agree with the employing authority to pay any compensation arising in respect of that beneficiary on their behalf and to recover the amount thereof from them immediately or at such intervals as may be agreed.
.
Local government reorganisation
23
The Local Government Reorganisation (Compensation) Regulations 1986 are amended —
a
in regulation 1(2) —
i
in the definition of “the Superannuation regulations”, by substituting for the figure “1974” the figure “1986”; and
ii
by inserting after the definition of “redundancy payment” —
“the relevant assumptions” and “relevant disqualification” have the same meaning as in the 1982 regulations;
;
b
by substituting for regulation 3(1) —
1
This regulation applies to a person —
a
who becomes entitled to a retirement pension under regulation E2(1)(b)(iii) of the Superannuation regulations by virtue of the competent authority’s certifying under regulation E2(4)(a) of those regulations that he has ceased to hold his employment by reason of redundancy, or
b
who the competent authority are satisfied would be so entitled (but for a relevant disqualification) on the relevant assumptions, unless he elects, by notice given in writing to the authority within 13 weeks of him being notified by the authority that they are so satisfied, that this regulation should not apply to him.
;
c
in regulation 3(4), by inserting after the words “which is” the words “, or (as the case may be) would be,”; and
d
in regulation 4(2)(b), by inserting after the words “does not apply” the words “(whether by virtue of an election under regulation 3(1)(b) or otherwise)”.
Transitional provision
24
The amendments made by this Part shall only apply to cases where the employment by reference to whose cessation additional periods of service might fall to be credited under the 1982 Regulations ceases to be held on or after 6th April 1988.
Nicholas Ridley
Secretary of State for the Environment
10th March 1988


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations “the principal Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of regulation 3 of the principal Regulations
2
1
Regulation 3 of the principal Regulations (interpretation) shall be amended in accordance with paragraphs (2) to (5) below.
2
The following definition shall be added to paragraph (1) in that Regulation at the beginning of the list of definitions —
“ the Act ” means the Social Security Act 1986;
3
The definitions of the following terms in paragraph (1) in that Regulation shall be omitted —
“family income supplement”
“housing benefit”
“single payment of supplementary benefit”
“supplementary benefit”.
4
For the definition of “person affected by a trade dispute” in paragraph (1) in that Regulation there shall be substituted the following definition —
“person affected by a trade dispute” means a person —
to whom section 23 of the Act applies or
to whom that section would apply if a claim to income support were made by or in respect of him;
5
For paragraph (2) of that Regulation there shall be substituted the following paragraph —
2
For the purposes of these Regulations, two persons are to be treated as being or not being members of the same household in the circumstances set out in regulation 16(2) and (3) of the Income Support (General) Regulations 1987 .
Amendment of regulation 5 of the principal Regulations
3
1
In regulation 5(1) of the principal Regulations (entitlement to payments for maternity expenses) for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
the claimant or the claimant’s partner has, in respect of the date of the claim for a maternity payment, been awarded either income support or family credit; and
and in sub-paragraph (c) for the words from “in regulation 7” to the end of that sub-paragraph there shall be substituted “in regulation 19 of, and Schedule 4 to, the Social Security (Claims and Payments) Regulations 1987 .”
2
For paragraph (2) of regulation 5 of the principal Regulations (amount of maternity payment) there shall be substituted the following paragraph —
2
Subject to Part IV of these Regulations, the amount of a maternity payment shall be —
a
where the claim is made on or after 11th April 1988 and before the confinement, £85 in respect of each expected child, but if the claim was made on an earlier date, £80 in respect of each expected child;
b
where the claim is made after the confinement, if that confinement has ended on or after 11th April 1988, £85 in respect of each child, including any child who is stillborn, but if the confinement has ended before that date, £80 in respect of each child, including any child who is stillborn;
c
where the claim is made after a child has been adopted and the adoption has taken place on or after 11th April 1988, £85 in respect of that child, but if the adoption has taken place before that date, £80 in respect of that child.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6 of the principal Regulations (persons affected by a trade dispute) in paragraph (a) for the words “supplementary benefit” there shall be substituted “income support” and in paragraph (b) for the words “family income supplement” there shall be substituted “family credit”.
Amendment of regulation 7 of the principal Regulations
5
In regulation 7(1) of the principal Regulations (entitlement to payments for funeral expenses) —
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
the claimant or the claimant’s partner has, in respect of the date of the claim for a funeral payment, been awarded either income support, family credit or housing benefit; and
b
in sub-paragraph (d) for the words from “in regulation 7” to the end of that sub-paragraph there shall be substituted “in regulation 19 of, and Schedule 4 to, the Social Security (Claims and Payments) Regulations 1987.”
Amendment of regulation 9 of the principal Regulations
6
For paragraph (2) of regulation 9 of the principal Regulations (effect of capital) there shall be substituted the following paragraph —
2
In calculating the amount of the claimant’s capital for the purposes of paragraph (1) —
a
any capital possessed by any person whose capital is treated as that of the claimant by virtue of section 22(5) of the Act or the provisions of regulation 23(3) of the Income Support (General) Regulations 1987 (calculation of income and capital) shall be treated as that of the claimant;
b
any capital specified in regulation 47 of, and Schedule 10 to, those Regulations (capital disregards) shall be disregarded;
c
any sum acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used to meet the funeral expenses in respect of which the claim is made shall be disregarded;
d
in the case of a claim for a maternity payment or a funeral payment which is made within 12 months of the death of the husband of the claimant, any lump sum payable to that claimant as a widow by virtue of section 24 of the Social Security Act 1975 shall be disregarded;
e
the amount of any payment out of capital, other than capital disregarded under sub-paragraphs (b) to (d) above, which has already been made towards the funeral expenses (whether the expenses are within the scope of regulation 7(2) or not) shall be added back to that capital as if the payment had not been made.
Amendment of regulation 10 of the principal Regulations
7
For regulation 10 of the principal Regulations (assessment of capital) the following regulation shall be substituted —
10
The amount of any capital which is taken into account for the purposes of regulation 9 shall be calculated as if it were capital to which regulation 46 of the Income Support (General) Regulations 1987 applied.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
14th January 1988


text:
Citation and commencement
1
This Order may be cited as the Portsmouth (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the Council” means the Portsmouth City Council;
“the existing area of jurisdiction” means the area comprised in the limits of the Camber Dock, Flathouse Wharf and Mile End Quay undertakings of the Council;
“the signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the City Secretary and Solicitor of the Council situated at Guildhall Square, Portsmouth, PO1 2AL.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Council shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the existing area of jurisdiction) the areas shown hatched red on the signed plan, being: —
a
so much of Portsmouth Harbour as is situated below the level of high water; and
b
so much of the area of Spithead outside Portsmouth Harbour as extends from Gilkicker Point Light (latitude 50°46'.4N longitude 1°08'.4W) to No Man’s Land Fort Light (latitude 50°44'.4N longitude 1°05'.6W); thence due South (true) to a position on latitude 50°43'.833N; thence due East (true) to Warner Buoy (at longitude 1°03'.917W); thence in a north easterly direction to Horse Elbow Foul Buoy (latitude 50°44'.4N longitude 1°03'.367W) and thence due North (true) to a point on the shoreline (latitude 50°46'.917N longitude 1°03'.367W).
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
19th September 1988


text:
Title and commencement
1
This Order may be cited as the Ross and Cromarty and Inverness Districts (Monar Lodge) Boundaries Amendment Order 1988, and shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The Ross and Cromarty and Inverness Districts (Monar Lodge) Boundaries Amendment Order 1988 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of Ross and Cromarty District containing an area of ground at Monar Lodge, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Inverness District.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 13 (Lochbroom and Conon Valley) of Highland Region( ) and of ward 2 of Ross and Cromarty District( ); and
b
shall form part of electoral division 42 (Aird North) of Highland Region and of ward 23 (Kilmorack) of Inverness District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
29th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment (No. 3) Regulations 1988 and shall come into force on 1st January 1989.
Amendment of regulations 25 and 27 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
2
In regulations 25(1) and 27 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (disregard of pension payments on account of redundancy and calculation of weekly amounts of certain pension payments) for the words “the age of 60” there shall be substituted in each of those regulations the words “the age of 55”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
5th December 1988


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) Amendment Scheme 1988 and shall come into force on 13th April 1988.
2
This Scheme shall be read as one with the Workmen’s Compensation (Supplementation) Scheme 1982 (“the principal scheme”).
3
In this Scheme, “the operative date” means 13th April 1988.
Amendment of article 5 of the principal scheme
2
Paragraph (2) of article 5 of the principal scheme shall be amended by substituting for the date “8th April 1987” the date “13th April 1988”.
Substitution of Schedule 1 to the principal scheme
3
For Schedule 1 to the principal scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this scheme.
Transitional provision relating to amount of allowance payable
4
1
The provision of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled from the operative date to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made before the operative date
5
1
The provisions of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal scheme.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall —
a
in so far as it relates to the period from 8th April 1987 to 12th April 1988 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal scheme which corresponds to the rate awarded to him for the period after the operative date; and
b
in so far as it relates to a period before 8th April 1987 be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
1
The provision of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by this scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal scheme.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
18th March 1988
We consent,
D. Lightbown
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 1988


text:
Citation and operation
1
These Regulations may be cited as the Education (Welsh Medium Teacher Training Incentive Supplement) Regulations 1988 and shall come into force on 1st September 1988.
Interpretation
2
In these Regulations: —
“training supplement” means a grant made in pursuance of these Regulations;
“holder” means a person in receipt of a training supplement;
“qualified teacher” means a person who, in pursuance of the Regulations relating to the employment of teachers from time to time in force under section 27 of the Education Act 1980 , is qualified to be employed as a teacher at a school to which that section applies;
“course of initial teacher training” means a course for the initial training of teachers in schools which has been approved by the Secretary of State under paragraph 2(a) or 2(b)(i) of Schedule 5 to the Education (Teachers) Regulations 1982.
Payment of Training Supplements by the Secretary of State
3
The Secretary of State is hereby authorised, subject to and in accordance with these Regulations, to pay training supplements to persons to facilitate and encourage their training as teachers to teach subjects in the Welsh language as well as in the English language.
Conditions for payment of training supplements
4
1
A training supplement shall not be paid to a person who has previously completed a course of initial teacher training.
2
A training supplement shall not be paid to a person unless: —
a
the conditions of regulation 6 of these Regulations are fulfilled;
b
he satisfies the Secretary of State that he intends, on becoming a qualified teacher, to seek appointment in a secondary school maintained by a local education authority in Wales; and
c
he applies in such form at such time and supplying such particulars as the Secretary of State may determine.
Further conditions
5
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of these Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation, no grant shall be payable unless such conditions have been fulfilled.
3
The Secretary of State may determine to withdraw or vary conditions determined in pursuance of this regulation.
Courses for which training supplements are tenable
6
A training supplement shall neither be paid to a person nor be tenable by him except in respect of a full-time course being a course of initial teacher training leading to a Post-Graduate Certificate of Education: —
a
provided by an establishment in England or Wales named by the Secretary of State;
b
beginning on or after 1st September 1988;
c
designed to prepare persons to teach subjects in the Welsh language as well as in the English language to pupils in secondary schools, and
d
such that the period which the person in question would require for its completion (after the exclusion of any period for which he is excused attendance) would ordinarily not exceed one academic year.
Duration of training supplements
7
1
Subject as hereinafter provided, a training supplement shall be payable for the period ordinarily required for the completion of the course in respect of which it is granted, less such part, if any, as the holder is excused from attending.
2
If the authorities of the establishment at which a training supplement is tenable refuse to allow a holder to complete his course, his training supplement shall terminate forthwith.
3
If, by reason of ill health or otherwise, the holder does not, or does not reasonably expect to, complete his course within the period ordinarily required, the Secretary of State may extend the period for which the training supplement is payable.
4
If, after consultation with the authorities of the establishment at which a training supplement is tenable, the Secretary of State is satisfied that a holder has: —
a
abandoned the course in respect of which it is held; or
b
by his conduct shown himself to be unfitted either to hold a training supplement or for employment as a teacher,
he shall terminate the training supplement.
5
If the holder fails to furnish any information reasonably requested by the Secretary of State, or in response to such a request: —
a
has furnished information which he knows to be false in a material particular; or
b
has recklessly furnished information which is false in a material particular,
the Secretary of State may terminate the training supplement or suspend it in whole or in part; and, where he has so suspended a training supplement, he may subsequently either restore it from such date as he thinks fit or terminate it.
Amount and payment of training supplement
8
1
A training supplement shall be payable at the rate of £1,200.
2
A training supplement may be paid in a lump sum or by instalments in either case at such time as the Secretary of State considers appropriate.
Peter Walker
Secretary of State for Wales
27th July 1988


text:
1
This Order may be cited as the Licensing (Retail Sales) Act 1988 (Commencement) Order 1988.
2
The Licensing (Retail Sales) Act 1988 shall come into force on 1st November 1988.
Home Office
Douglas Hurd
26th September 1988
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State


text:
1
This Order may be cited as the British Transport (Alteration of Pension Schemes) (Amendment) Order 1988 and shall come into force on 29th June 1988.
2
The British Transport (Alteration of Pension Schemes) Order 1969 shall be amended so that —
a
for paragraph 8 of the Schedule thereto there shall be substituted the following paragraph —
8
In any units, or other shares of the investments subject to the trusts of an authorised unit trust scheme within the meaning of the Financial Services Act 1986(b)
; and
b
for footnote (b) to that Schedule there shall be substituted “ 1986 c. 60 ”.
Signed by authority of the Secretary of State
David Mitchell
Minister of State,
Department of Transport
31st May 1988


text:
Citation and commencement
1
1
This Order may be cited as the Nottinghamshire (District Boundaries) Order 1988.
2
This Order shall come into force on 18th February 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“boundary map” means the map prepared by the Department of the Environment, marked “Map of the Nottinghamshire (District Boundaries) Order 1988” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“county electoral division” means an electoral division of the county of Not-tinghamshire.
Transfers from the Borough of Gedling to the district of Ashfield
3
1
The part of the Borough of Gedling and the parish of Linby which is marked Area A on the boundary map shall be transferred to —
a
the district of Ashfield;
b
the Hucknall West ward of that district;
c
the Hucknall West county electoral division
and shall cease to form part of any parish.
2
The parts of the Borough of Gedling and the parish of Linby which are marked Area B and Area D on the boundary map shall be transferred to —
a
the district of Ashfield;
b
the Hucknall North ward of that district;
c
the Hucknall West county electoral division;
and shall cease to form part of any parish.
Transfers from the district of Ashfield to the Borough of Gedling
4
1
The parts of the district of Ashfield which are marked Area C and Area E on the boundary map shall be transferred to —
a
the borough of Gedling;
b
the Newstead ward of that borough;
c
the Gedling North county electoral division
and shall become part of the parish of Linby.
2
The part of the district of Ashfield which is marked Area F on the boundary map shall be transferred to —
a
the borough of Gedling;
b
the Newstead ward of that borough;
c
the Gedling North county electoral division
and shall become part of the parish of Papplewick.
County electoral arrangements
5
From the fourth day after the ordinary day of election of councillors in 1989 the areas marked Area C, Area E and Area F on the boundary map shall form part of the Newstead county electoral division.
Town and Country Planning
6
Any provisions of a local plan adopted by a council of a district which apply immediately before 1st April 1988 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which that areas is transferred.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
19th January 1988


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Sick Pay (Additional Compensation of Employers) Amendment Regulations 1988 and shall come into force on 6th April 1988.
Amendment of Regulations
2
In regulation 3 (determination of amount) of the Statutory Sick Pay (Additional Compensation of Employers and Consequential Amendments) Regulations 1985 , there shall be inserted after the words“commencing 6th April 1987,” the words“or in any subsequent tax year,”.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
7th March 1988


text:
Citation, commencement and revocations
1
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1988 and shall come into force on 1st April 1988.
2
The Regulations specified in Schedule 1 shall be revoked except in relation to work done before 1st April 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, —
“the 1974 Act ” means the Legal Aid Act 1974;
“advice” and “assistance” mean respectively advice and assistance under the 1974 Act;
“arrestable offence” has the meaning given to it by section 24 of the Police and Criminal Evidence Act 1984 ;
“duty period” means any period of 24 hours during which a duty solicitor holds himself available to give advice and assistance under a rota drawn up in accordance with the terms of a scheme;
“duty solicitor” means any solicitor, and any representative of a solicitor, who provides advice and assistance in accordance with the terms of a scheme;
“own solicitor” means a solicitor who gives advice and assistance to a person arrested and held in custody or to a volunteer otherwise than as a duty solicitor;
“remuneration” means any sum payable to a duty solicitor or an own solicitor under these Regulations;
“scheme” means a scheme made under section 15 of the 1974 Act and section 1 of the Legal Aid Act 1982 which provides for the making of arrangements in accordance with which advice and assistance is provided by duty solicitors to persons who are arrested and held in custody or who are volunteers;
“serious service offence” means an offence under any of the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 which cannot be dealt with summarily or which appears to an interviewing service policeman to be serious;
“unsocial hours” means between the hours of 6.00 pm and 9.00 am on any weekday and any time on a Saturday, Sunday or bank holiday;
“upper limit” means the limit of £90 prescribed by the Legal Advice and Assistance (Prospective Cost) Regulations 1985 ;
“volunteer” means a person who, for the purpose of assisting with an investigation, attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested.
2
Unless the context otherwise requires, any reference in these Regulations to a Schedule by number means the Schedule so numbered to these Regulations and any reference to a paragraph of a Schedule by number means the paragraph so numbered in that Schedule.
General
3
1
Remuneration shall be determined by the Law Society in accordance with these Regulations.
2
The Law Society may appoint or authorise the appointment of determining officers to act on its behalf under these Regulations in accordance with directions given by it or on its behalf.
Claims for remuneration
4
1
A claim for remuneration by a duty solicitor or an own solicitor shall be submitted to the Law Society in such form and manner as it may direct and any such claim shall be submitted within 3 months of the duty period or of the day on which the advice and assistance was given.
2
The solicitor shall supply such further particulars, information and documents as the Law Society may require.
3
The time limit within which the claim must be submitted may, for good reason, be extended by the Law Society.
Determination of remuneration
5
1
The Law Society may allow work done in the following classes:
a
availability during duty period;
b
advice and assistance given to a person arrested and held in custody in connection with an arrestable offence or being interviewed in connection with a serious service offence or to a volunteer in connection with any such offence;
c
advice and assistance given to a person arrested and held in custody or to a volunteer except in connection with an arrestable offence;
d
travelling and waiting;
e
advising and assisting over the telephone;
f
routine telephone calls.
2
The Law Society shall consider the claim, any further particulars, information or documents submitted by the solicitor under regulation 4 and any other relevant information, and allow:
a
such work as appears to it to have been actually and reasonably done by a duty solicitor or an own solicitor, classifying it according to the classes specified in paragraph (1); and
b
such time in respect of each class of work allowed by it (other than advising over the telephone and dealing with routine telephone calls) as it considers reasonable.
3
Subject to paragraph (5), the Law Society shall allow fees for the work allowed by it under this regulation in accordance with Schedule 2.
4
Subject to paragraph (5), the Law Society may allow a reasonable sum in respect of:
a
hotel expenses actually and reasonably incurred by a duty solicitor where attendance in accordance with a rota is allowed under paragraph (1)(a);
b
travelling expenses actually and reasonably incurred by a duty solicitor or an own solicitor where travelling and waiting is allowed under paragraph (1)(d);
c
any disbursements actually and reasonably incurred by a duty solicitor or an own solicitor.
5
The fees allowed under Schedule 2, except any fee allowed in respect of work done under paragraph (1)(a), together with any expenses allowed under paragraph 4(b) and (c), shall not exceed:
a
the upper limit where the advice and assistance was given to a person or a volunteer in the circumstances specified in paragraph (1)(b), unless the Law Society is satisfied that the interests of justice required advice and assistance to be given as a matter of urgency;
b
the limit imposed by section 3(2) of the 1974 Act where the advice and assistance was given in any other case.
Payment of remuneration
6
Having determined the remuneration payable to a duty solicitor or an own solicitor in accordance with these Regulations, the Law Society shall authorise payment to him accordingly.
Mackay of Clashfern, C.
Dated 4th March 1988
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 8th March 1988


text:
1
The lengths of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified roads as from the date on which the Secretary of State notifies the County Council of Cornwall that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2 SWM 49 marked“The London-Penzance Trunk Road A30 (Penhale to Carland Cross Improvement) (Detrunking) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road” means the main trunk roads as defined in 1(a) of the London-Penzance Trunk Road A30 (Penhale to Carland Cross Improvement and Slip Roads) Order 1988 , and
iv
“the trunk road” means the London-Penzance Trunk Road (A30).
3
This Order shall come into force on 4th August 1988 and may be cited as the London-Penzance Trunk Road A30 (Penhale to Carland Cross Improvement) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
14th July 1988


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (General) 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 Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 33 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (General) 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 British Waterways Board, the Severn — Trent Water Authority, the councils of the boroughs of Sandwell and Walsall and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in the Schedule hereto and now vested in a statutory undertaker or local authority mentioned in the Schedule or in any other local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
27th June 1988


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1988.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 24(4) and (5) of the Finance Act 1980 as specified for the year 1988 — 89 in section 32 of the Finance Act 1971 and section 8 of the Income and Corporation Taxes Act 1970 are set out in paragraphs (2) and (3).
2
In section 32 of the Finance Act 1971 (basic rate limit and higher rate bands) —
a
the basic rate limit — £18,600, and
b
the higher rate bands —
Band Part of total income in excess of basic rate limit
First The first £2,600 Second The next £5,200 Third The next £8,200 Fourth The next £8,200 Fifth The remainder.
3
In section 8 of the Income and Corporation Taxes Act 1970 (personal allowances) in —
a
subsection (1)(a) —
i
(married) — £3,945,
ii
(married — eighty or upwards) — £5,025;
b
subsection (1)(b) —
i
(single) — £2,515,
ii
(single — eighty or upwards) — £3,190;
c
subsection (1A)(a) (married — sixty-five or upwards) — £4,855;
d
subsection (1A)(b) (single — sixty-five or upwards) — £3,070;
e
subsection (1B) (income limit for the purposes of sub-paragraphs (a)(ii), (b)(ii), (c) and (d)) — £10,200;
f
subsection (2) (earned income of wife) — £2,515.
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1988


text:
Citation and commencement
1
1
These Regulations may be cited as the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1988 and shall come into force on 1st August 1988.
2
In these Regulations any reference to a numbered Schedule is a reference to the Schedule bearing that number in the Nursing Homes and Mental Nursing Homes Regulations 1984 .
Amendment of Schedule 1
2
Schedule 1 (fees to accompany applications) shall be amended as follows —
a
in paragraph 1 for “£550.” there shall be substituted “£600”.; and
b
in paragraph 2 for “£350.” there shall be substituted “£380.”.
Amendment of Schedule 3
3
Schedule 3 (annual fees) shall be amended as follows —
a
in paragraph 1 for “£20” there shall be substituted “£22”; and
b
in paragraph 4 for “£175.” there shall be substituted “£190.”.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
11th July 1988


text:
1
This Order may be cited as the Finance Act 1987 (Commencement No.2) Order 1988.
2
Section 49(1) of the Finance Act 1987 shall come into force on 29th April 1988.
Michael Neubert
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 1988


text:
Citation and Commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) 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.
Tape-recording code of practice
2
The code of practice laid in draft before Parliament on 13th June 1988 in connection with the tape-recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations shall come into operation on the day after the day on which this Order is approved by resolution of each House of Parliament.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
12th July 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Occupational Pension Schemes) Order 1988 and shall come into force on 20th February 1988.
2
In this Order —
“ the Act ” means the Financial Services Act 1986;
“relevant member” means an employee or former employee on whose behalf contributions to a relevant scheme are being, or have been, made and whose rights to a pension have not been secured by the acquisition of an annuity; and
“relevant scheme” means a scheme of a kind described in article 3 of this Order.
Certain persons not to be treated as carrying on investment business by virtue of section 191 of the Act
2
1
No person of a kind described in paragraph (2) of this article shall be treated as carrying on investment business by virtue of section 191 of the Act where the assets he manages are held for the purposes of a relevant scheme.
2
This paragraph applies to —
a
any trustee of a relevant scheme who is a beneficiary or potential beneficiary under the scheme; and
b
any other trustee of a relevant scheme who takes no day to day decisions relating to the management of assets of the scheme which are investments.
3
1
For the purposes of this Order a scheme is a relevant scheme if it is an occupational pension scheme of a kind described in paragraph (2) or (3) below.
2
A scheme falls within this paragraph if —
a
it is constituted under an irrevocable trust;
b
it has no more than twelve relevant members;
c
all relevant members of the scheme are trustees of it; and
d
all decisions, or all day to day decisions, relating to the management of assets of the scheme which are investments are required to be taken by all relevant members or by a majority of such members or by a person of the kind described in section 191(2)( a ), ( b ) or ( c ) of the Act.
3
A scheme falls within this paragraph if —
a
it has no more than 50 members;
b
the contributions in respect of each member of the scheme are used in the acquisition of a contract of insurance on the life of that member or of a contract to pay an annuity on that life; and
c
each member is given the opportunity to select the contract of insurance which his contributions will be used to acquire.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
15th January 1988


text:
1
This Order shall come into force on 25th January 1988 and may be cited as the A3 Trunk Road (Wandsworth Common North Side, Wandsworth) (Box Junction) Order 1988.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by the traffic sign specified in diagram 1043 in the Traffic Signs Regulations and General Directions 1981 ;
“the trunk road” means that part of the London — Portsmouth Trunk Road (A3) in the London Borough of Wandsworth known as Wandsworth Common North Side.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole or any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade, or ambulance purposes;
b
to anything done on the direction or with the permission of a police constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary within the boxed area while waiting to complete a right turn for so long as that vehicle is prevented from completing that turn by reason of the presence of other stationary vehicles, waiting in or near that area, to complete a right turn; or
d
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary in the boxed area if when the whole or any part of the vehicle entered that area the person so causing or permitting has reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State
R. M. C. Edridge
Director (Transport) London Regional Office of Transport
18th January 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefit (Dependency) Amendment Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations, “the principal regulations” means the Social Security Benefit (Dependency) Regulations 1977 .
Substitution of regulation 4 of the principal regulations
2
For regulation 4 of the principal regulations (deeming benefit under the Act abated under section 12(2) of the Supplementary Benefits Act 1976 to be a contribution for the maintenance of children or adult dependants), there shall be substituted the following regulation —
Deeming benefit under the Act abated under section 27(3) of the Social Security Act 1986 to be a contribution for the maintenance of children or adult dependants
4
Where for any period a person (in this regulation referred to as A) is entitled to, or to an increase in the amount of, any benefit prescribed under section 27(3)(a) of the Social Security Act 1986 (prevention of duplication of payments) in respect of another person (in this regulation referred to as B) and the amount of, or of the increase in, any such benefit is abated under section 27(3) of the Social Security Act 1986, then in determining for the purpose of the Social Security Act 1975 whether A is wholly or mainly maintaining or is contributing at any weekly rate to the maintenance of, or is or has been contributing at any weekly rate to the cost of providing for, B, the amount by which such benefit for any week has been so abated shall be deemed to be a contribution of that amount for that week made by A for the maintenance of B.
Amendment of regulation 4B(3) of the principal regulations
3
In regulation 4B(3) of the principal regulations (circumstances in which person entitled to child benefit is to be treated as if he were not so entitled) for the words “or 7C (child receiving supplementary benefit) of the Child Benefit(General) Regulations 1976”, there shall be substituted the words “or 7C (child receiving income support) of the Child Benefit (General) Regulations 1976 or any provision contained in regulations made under section 4(1) of the Child Benefit Act in so far as those regulations provide that child benefit is not to be payable by virtue of section 2(1)(aa) of the Child Benefit Act and regulations made under that paragraph”.
Increase of benefit for person having care of child
4
For sub-paragraph (e) of regulation 10(2) of the principal regulations (increase of benefit for person having care of child) there shall be substituted the following sub-paragraph —
e
has, in the case of a person with earnings, weekly earnings at or below the standard rate of increase and for this purpose weekly earnings derived from the person’s employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit shall be disregarded but only if the person is residing with the beneficiary.
Increase of invalid care allowance for adult dependant
5
In paragraph 7 of Schedule 2 to the principal regulations (increase of invalid care allowance for adult dependants) —
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
a spouse whose weekly earnings do not exceed that amount;
;
b
for head (iii) of sub-paragraph (b) there shall be substituted the following head —
iii
if he has earnings, does not have weekly earnings exceeding that amount and for this purpose there shall be disregarded any weekly earnings derived from employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit;
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
21st March 1988


text:
1
These Regulations may be cited as the Crown Prosecution Service (Witnesses' Allowances) (Amendment No. 7) Regulations 1988 and shall come into force on 23rd May 1988.
2
In Schedule 1 to the Crown Prosecution Service (Witnesses' Allowances) Regulations 1986 , in Column 3 of the Table, which sets out relevant amounts in relation to allowances payable under those Regulations —
a
for the sum of £27.50 in the entry for regulation 6(a) (financial loss allowance in respect of certain expenditure incurred by a witness who attends to give evidence other than professional or expert evidence) there shall be substituted £29.70; and
b
for the sums of £13.75 and £27.50 in the entry for regulation 6(b) (financial loss allowance in respect of certain losses suffered by such a witness) there shall be substituted £14.85 and £29.70 respectively.
3
Regulation 3 of the Crown Prosecution Service (Witnesses' Allowances) (Amendment No. 5) Regulations 1987 is hereby revoked.
P.B.B. Mayhew
Her Majesty’s Attorney General
26th April 1988
We approve,
Mark Lennox-Boyd
D. Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
28th April 1988


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (Amendment) Order 1988 and shall come into force on 8th August 1988.
Amendment
2
The Bovine Spongiform Encephalopathy Order 1988 shall be amended as follows: —
a
in article 3 (interpretation) —
i
after the definition of “inspector” there shall be inserted the following —
“market” means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;
, and
ii
after the definition of “premises” there shall be inserted the following —
“research establishment” means an establishment carrying out research into the disease; ;
“slaughterhouse” means —
in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouse Act 1974 , and
in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ;
;
b
after article 4 there shall be inserted the following article —
Application of section 32 of the Act to the disease
4A
Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.
;
c
in article 5 (veterinary enquiry as to existence of disease and requirements as respects affected animals) —
i
for paragraph (4) there shall be substituted the following paragraph —
4
If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal on the premises he shall serve a notice in Form A on the owner or person in charge of that animal.
, and
ii
for paragraph (5) there shall be substituted the following paragraph —
5
a
Subject to sub-paragraph (b) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal before or on the day on which the notice in Form A was due to expire; and any notice in Form A which has been so renewed may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period;
b
A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal to which the notice in Form A relates.
;
d
in article 6(1) (restrictions on movement of other bovine animals) for the words “, other than an affected animal,” there shall be substituted the words “, other than an affected or a suspected animal,”;
e
after article 8 there shall be inserted the following article —
Notice of intended slaughter
8A
Where the Minister proposes to cause an affected or suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.
;
f
in article 10 (production of licences) for the words “a police officer” there shall be substituted the words “a member of a police force”; and
g
for the Schedule (forms) there shall be substituted the following Schedule —
SCHEDULE
FORM A
ANIMAL HEALTH ACT 1981
(Article 5)
THE BOVINE SPONGIFORM ENCEPHALOPATHY ORDER 1988
NOTICE IMPOSING REQUIREMENTS AS RESPECTS AN AFFECTED OR SUSPECTED ANIMAL
FORM B
ANIMAL HEALTH ACT 1981
(Article 5)
THE BOVINE SPONGIFORM ENCEPHALOPATHY ORDER 1988
WITHDRAWAL OF NOTICE IMPOSING REQUIREMENTS AS RESPECTS AN AFFECTED OR SUSPECTED ANIMAL
FORM C
ANIMAL HEALTH ACT 1981
(Article 8A)
THE BOVINE SPONGIFORM ENCEPHALOPATHY ORDER 1988
NOTICE OF INTENDED SLAUGHTER
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
26th July 1988
Peter Walker
Secretary of State for Wales
28th July 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Miscel-laneous Provisions) Regulations 1988, and shall come into force on 1st April 1988.
2
In these Regulations “the principal Regulations ” means the Teachers' Superannuation Regulations 1976 , and unless the context otherwise requires expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations.
Purchase of past added years
2
Regulation 24 of the principal Regulations is amended by inserting after paragraph (2)(c) the following:
and
d
unless he elects —
i
no earlier than the date on which he applies for allowances, to pay contributions by Method B, or
ii
to pay contributions by Method D, a period of not less than 30 days,
.
Purchase of current added years
3
Regulation 30 of the principal Regulations is amended by substituting for paragraph (8) the following:
8
For the purposes only of this regulation a teacher’s employment in reckonable service is not discontinued while he is absent from duty during and in consequence of a trade dispute.
9
Paragraph (8) applies —
a
even if the person was not participating in or financing or otherwise directly interested in the trade dispute, and
b
even if his employer was not a party to the trade dispute.
10
In this regulation “trade dispute” has the meaning given by section 29 of the Trade Union and Labour Relations Act 1974 .
.
Extension of time
4
Regulation 96 of the principal Regulations is amended by deleting the words “Subject to regulation 30(8)”.
Employment which is reckonable service
5
Schedule 1 to the principal Regulations is amended by inserting after paragraph 3 the following:
3A
Teacher, organiser or supervisor employed —
a
in an independent school which is for the time being recognised by the Secretary of State as a city technology college, or
b
in connection with a proposed independent school the proposals for which are for the time being recognised by the Secretary of State as proposals for a city technology college.
.
Revaluation of guaranteed minimum in certain cases
6
1
This regulation applies where a person has ceased to be employed in reckonable service and has taken a right to a cash equivalent under Schedule 1A to the Social Security Pensions Act 1975 (“the Pensions Act”) by exercising the option conferred by paragraph 13(2) of that Schedule wholly or partly in the way specified in paragraph 13(2)(b) (purchase of annuity).
2
Where this regulation applies, to the extent that the person’s guaranteed minimum is otherwise appropriately secured within the meaning of section 52C(4) of the Pensions Act —
a
for the purposes of section 35(2) of that Act (amount of guaranteed minimum) the person’s earnings factors shall be determined by reference to the last order under section 21 of that Act to come into force before the end of the tax year in which his service was terminated and without reference to the last such order to come into force before the end of the final relevant year, and
b
the weekly equivalent mentioned in section 35(2) of that Act shall be increased in accordance with any additional requirements for the time being prescribed for the purposes of section 45(1)(b) (exclusion from liability to pay a limited revaluation premium).
3
In this regulation “tax year” means the 12 months beginning with 6th April in any year and “final relevant year” has the meaning given in section 35(9) of the Pensions Act.
Kenneth Baker
Secretary of State for Education and Science
1st March 1988
We consent
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule hereto shall become a trunk road as from the date on which this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs, as respects any part of a highway which crosses the route of the new trunk road, that —
a
where the highway is a highway maintainable at the public expense by a local 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 new trunk road is opened for the purposes of through traffic.
4
In this Order —
a
all measurements of distance are measured along the route of the relevant highway; and
b
i
“the deposited plan”means the plan numbered HA 10/1 CNW 250 marked“The A523 Derby — Macclesfield — South of Stockport Trunk Road (Macclesfield Relief Road) No. 2 Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 45 Marsham Street, London SW1P 3PY; and
ii
“the new trunk road”means the highway mentioned in article 1 of this Order.
5
This Order shall come into force on 11th October 1988 and may be cited as the A523 Derby — Macclesfield — South of Stockport Trunk Road (Macclesfield Relief Road) No. 2 Order 1988.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
26th August 1988


text:
Citation
1
This Order may be cited as the Dartford-Thurrock Crossing Act 1988 (Appointed Day) Order 1988.
Appointed Day
2
For the purposes of section 4(1) of the Dartford-Thurrock Crossing Act 1988 the date appointed by the Secretary of State is 31st July 1988.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
29th June 1988


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 1988.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1988 is revoked.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 thereto and substituting therefor the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Australia Australian States and mainland Territories 1st January 1987 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Delegation) (No. 2) Order 1988 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Financial Services Act 1986; and
“designated agency” means the body known as The Securities and Investments Board.
Transfer of functions
3
1
Except as provided in paragraph (3) of this article and subject to the provisions of paragraph (4), all those functions of the Secretary of State to which section 114 of the Act applies which are specified in paragraph (2) of this article are hereby transferred to the designated agency.
2
The functions specified in this paragraph are —
a
all functions under Chapter VIII of Part 1 of the Act;
b
all functions under section 112 of the Act with respect to fees in respect of —
i
applications under section 77 or 88 of the Act; and
ii
notices under section 86(2) or 87(3) of the Act; and
c
all functions under section 113 of the Act with respect to periodical fees in respect of managers of authorised unit trust schemes and operators of recognised schemes insofar as those functions are exercisable by virtue of section 113(8) of the Act.
3
Paragraph (1) of this article does not apply to the following functions —
a
the power to make regulations under section 81 of the Act with respect to the matters referred to in section 81(2)(d) and with respect to any other matters dealt with in the Authorised Unit Trust Scheme (Investment and Borrowing Powers) Regulations 1988 ;
b
the power to prescribe the period referred to in section 87(3) of the Act; and
c
functions under section 76(4) to (7) of the Act except insofar as they relate to the following matters —
i
regulations imposing obligations or liabilities on the operator or the trustee (if any) of a single property scheme exempted by regulations made by the Secretary of State from the provisions of section 76(1) of the Act, including provisions for purposes corresponding to those for which provision can be made under section 85 of the Act in relation to authorised unit trust schemes; and
ii
regulations making transitional or supplementary provisions with respect to the matters dealt with in sub-paragraph (i) above.
4
The functions of the Secretary of State under section 94 of the Act are transferred to the designated agency subject to a reservation that they are to be exercisable by the Secretary of State concurrently with the designated agency.
Supplementary provisions
4
The Authorised Unit Trust Scheme (Pricing of Units and Dealings by Trustee and Manager) Regulations 1988 shall have effect for all purposes as if they had been made by the designated agency in exercise of functions transferred to it by this Order.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
5th April 1988