text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1989 and shall come into force on 31st October 1989.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended as follows.
Amendments to regulation 8 (conditions of acceptance of vehicle)
3
In regulation 8(2)(k), the words “either” and “or by the Secretary of State under these Regulations” shall be omitted.
Amendments to regulation 12 (manner of making application for first examinations or periodical tests and fees)
4
1
Regulation 12 shall be amended as follows.
2
In paragraph (1), from the word “either” to the end of the paragraph there shall be substituted the words “to the Secretary of State”.
3
Paragraph (2) shall be omitted.
4
After paragraph (3), there shall be inserted the following paragraphs–
4
Where the date appointed for a first examination or periodical test fixed at the applicant’s request is a Saturday, the fee in respect of the examination or test shall be increased by £17.50 in the case of a motor vehicle and £11.00 in the case of a trailer.
5
Any sum payable by virtue of paragraph (4) shall be paid to the Secretary of State on or before the date reserved by him or on his behalf for the examination or test.
.
Amendments to regulation 14 (notice of place and time of first examinations or periodical tests)
5
At the end of regulation 14(1) there shall be added the words “or test”.
Amendments to regulation 16 (fees for re-tests)
6
1
Regulation 16 shall be amended as follows.
2
In paragraph (1), for “paragraph (3)” there shall be substituted “paragraph (2A) and (3)” and the words “and may be paid in cash” shall be omitted.
3
At the beginning of paragraph (2) there shall be inserted the words “Save as provided in paragraph (2B),”.
4
After paragraph (2) there shall be inserted the following paragraphs–
2A
Where the date arranged for a re-test under regulation 15(2) or (3) is, at the applicant’s request, a Saturday, the fee in respect of the re-test shall be increased by £8.75 in the case of a motor vehicle and £5.50 in the case of a trailer.
2B
Where the date appointed for a re-test under regulation 15(4) is, at the applicant’s request, a Saturday, the fee in respect of the re-test shall be increased by £17.50 in the case of a motor vehicle and £11.00 in the case of a trailer.
2C
Any sum payable by virtue of paragraph (2A) or (2B) shall be paid to the Secretary of State on or before the date appointed for the examination or test
.
5
In paragraph (3) for the words “The fee prescribed in paragraph (1)”, there shall be substituted the words “The fees prescribed in paragraphs (1) and (2A)”.
Amendments to regulation 32 (amendments to plating certificates)
7
In regulation 32, the words “at the Goods Vehicle Centre” shall be omitted.
Amendments to regulation 34 (fee for re-examination following a notifiable alteration or with a view to an amendment of a plating certificate)
8
Regulation 34 shall be re-numbered as paragraph (1) of that regulation, and after that provision as so re-numbered there shall be inserted the following paragraphs–
2
Where the date appointed for a re-examination under regulation 33 is, at the request of the person required to submit the vehicle for re-examination, a Saturday, the fee in respect of the re-examination shall be increased by £7.50.
3
Any sum payable by virtue of paragraph (2) shall be paid to the Secretary of State on or before the date appointed for the re-examination
.
Amendments to regulation 38 (method of payment of fees)
9
Regulation 38 shall be omitted.
Amendments to regulation 39 (general provisions as to fees)
10
In regulation 39(3)(ii), for the words “the said fee” onwards there shall be substituted the words “the fee shall be reduced to £1.50 (the balance of any sum already paid in respect of the fee being refundable)”.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
19th September 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Education (Listed Bodies) (Amendment) Order 1989 and shall come into force on 14th April 1989.
2
To the list of bodies in Part 1 of the Schedule to the Education (Listed Bodies) Order 1988 there shall be added (at their appropriate places in alphabetical order) the bodies named Harper Adams Agricultural College and the Royal Northern College of Music, being bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.
Kenneth Baker
Secretary of State for Education and Science
4th April 1989


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) (No. 2) Order 1989 and shall come into force on 31st August 1989.Amendment
2
At the end of Schedule 1 to the Diseases of Animals (Approved Disinfectants) Order 1978 (which lists disinfectants approved by the Minister) there shall be added the entries listed in Schedule 1 to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th August 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
16th August 1989
Ian Grist
Parliamentary Under Secretary of State,
Welsh Office
11th August 1989


text:
PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Registered Designs Rules 1989 and shall come into force on 1st August 1989.
Interpretation
2
In these Rules, unless the context otherwise requires–
“ the Act ” means the Registered Designs Act 1949 and “section” means a section of the Act;
“convention application” means an application in the United Kingdom under section 14;
“ Journal ” means the Official Journal (Patents) published by the Comptroller-General of Patents, Designs and Trade Marks under the Patents Act 1977 ;
“register” means the register of designs kept under section 17;
“specimen” means an article with the design applied to it;
“textile article” means textile and plastics piece goods, handkerchiefs, shawls and such other classes of articles of a similar character as the registrar may from time to time decide, for which the protection required is limited to features of pattern and ornament only;
“United Kingdom” includes the Isle of Man.
Revocation
3
The Designs Rules 1984 , the Designs (Amendment) Rules 1987 and the Designs (Amendment) Rules 1988 are hereby revoked.
Forms
4
1
The forms mentioned in these Rules are those set out in Schedule 1 to these Rules.
2
A requirement under these Rules to use a form set out in Schedule 1 to these Rules is satisfied by the use either of a replica of that form or of a form which contains the information required by the form set out in the said Schedule and which is acceptable to the registrar.
DOCUMENTS
Size and presentation of documents
5
Subject to any directions that may be given by the registrar in any particular case, all applications, notices, papers having representations affixed, and other documents filed under the Act or these Rules shall be upon strong paper and, except where otherwise required, on one side only, of a size approximately 297 mm by 210 mm (11¾ inches by 8¼ inches) or approximately 330 mm by 200 mm to 210 mm (13 inches by 8 inches to 8¼ inches) and having on the left hand part thereof a margin of approximately 50 mm (2 inches).
Signature of documents
6
1
This rule applies to any notice, application or other document required or authorised by the Act or these Rules to be given, made or filed at the Patent Office and such a notice, application or other document is referred to in the following paragraphs of this rule as a “document”.
2
A document filed by or on behalf of a firm which is concerned in any proceedings to which these Rules relate as principal and not as an agent shall contain the names of all the partners in full and shall be signed by all the partners, by any partner stating that he signs on behalf of the firm (or, in the case of a firm formed under the law of Scotland, by any partner in the firm’s name) or by any other person who satisfies the registrar that he is authorised to sign the document.
3
A document signed for or on behalf of a body corporate shall be signed by a director or the secretary or other principal officer of the body or by any other person who satisfies the registrar that he is authorised to sign the document.
4
A document signed for or on behalf of an unincorporated body or association of persons other than a firm may be signed by any person who satisfies the registrar that he is authorised to sign the document.
Service of documents
7
Any notice, application or other document sent to the Patent Office by posting it in the United Kingdom shall be deemed to have been given, made or filed at the time when the letter containing it would be delivered in the ordinary course of post.
ADDRESS
Address for service
8
1
Every person concerned in any proceedings to which these Rules relate and every person registered as proprietor of, or as having an interest in, a registered design shall furnish to the registrar an address for service in the United Kingdom and that address may be treated for all purposes connected with such proceedings or such registered design as the address of that person.
2
Such address shall, in the case of a registered proprietor, be entered on the register as the address for service of such proprietor.
Failure to provide address for service
9
Where an address for service in the United Kingdom has not been furnished to the registrar by an applicant in any proceedings to which these Rules relate, the registrar need not proceed with the examination of the application until such an address has been furnished to him.
AGENTS
Appointment of agents
10
1
Unless the registrar otherwise directs in any particular case, anything required or authorised by these Rules to be done by or in relation to any person may be done by, or in relation to, his agent.
2
Where after a person has become a party to proceedings before the registrar he appoints an agent for the first time, or appoints one agent in substitution for another, the newly appointed agent shall file Designs Form 1A in duplicate on or before the first occasion when he acts as agent.
Recognition of agents
11
The registrar may refuse to recognise as agent in respect of any business under the Act–
a
any individual whose name has been erased from, and not restored to, the register of patent agents kept in pursuance of rules made under the Patents Act 1977 or who is for the time being suspended from acting as a patent agent; or
b
any person who is found by the Secretary of State to have been convicted of any offence or to have been guilty of any such misconduct as, in the case of an individual registered in the register of patent agents aforesaid, would render him liable to have his name erased from it; or
c
any company or firm, if any person whom the registrar could refuse to recognise as agent in respect of any business under the Act is acting as a director or manager of the company or is a partner in the firm.
APPLICATIONS FOR REGISTRATION
Form for applications
12
Applications to register designs shall be made on Designs Form 2A.
Application for same design in respect of more than one article
13
Where it is desired to register the same design in respect of more than one article other than sets of articles, a separate application shall be made in respect of each article and each application shall be numbered separately and shall be treated as a separate and distinct application.
Article to which design is applied
14
1
Every application shall state the article to which the design is to be applied and that the applicant claims to be the proprietor of the design in relation to that article.
2
If any question arises as to whether an article to which a design is to be applied is made substantially of lace or as to whether a design to be applied to a textile article consists substantially of checks or stripes, it shall be decided by the registrar.
Statement of novelty on representations or specimens
15
1
Except in the case of an application to register the pattern or ornament of a design to be applied to a textile article, to wallpaper or similar wall covering or to lace or to sets of textile articles or lace, a statement satisfactory to the registrar of the features of the design for which novelty is claimed shall appear on each representation or specimen of the design.
2
The statement referred to in paragraph (1) above shall appear on the front of the first sheet only of each representation or specimen (except where the registrar is satisfied that this is impracticable in which case it shall appear in a place satisfactory to the registrar) and it shall be separate from any other statement or disclaimer.
Registration of same design in respect of other articles, etc.
16
If the application is for the registration of a design which has already been registered or applied for in respect of one or more articles, or consists of a design already registered or applied for with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and it is desired to claim the protection of section 4 for such application, it shall contain the number or numbers of the registration or registrations already effected or the application or applications already made.
REPRESENTATIONS AND SPECIMENS
Supply of representations and specimens
17
Except as regards applications for registration of designs to be applied to sets of articles, there shall be furnished in connection with an application four identical representations of the design, in a form satisfactory to the registrar, or four specimens. Where representations are supplied the registrar may at any time before registration require specimens or additional representations.
Representations and specimens for sets of articles
18
1
There shall be furnished in connection with an application for the registration of a design to be applied to a set of articles five identical representations of the design in a form satisfactory to the registrar, or five specimens.
2
The representations shall show the design as applied to each different article included in the set.
Size and presentation of representations
19
1
Each representation of the design, whether to be applied to a single article or to a set of articles, shall be upon paper of the size prescribed by rule 5 above and not on cardboard, and shall appear on one side only of the paper. The figure or figures shall be placed in an upright position on the sheet except where the registrar is satisfied that it is impracticable. When more figures than one are shown, these shall where reasonably practicable be on one and the same sheet, and each shall be designated perspective view, front view, side view, plan or otherwise as the case may be.
2
Each sheet shall bear in the top left hand corner the name of the applicant and in the top right hand corner the number of sheets comprising the representation and the consecutive number of each sheet.
Drawings or tracings
20
When the representations furnished are drawings or tracings they shall be in ink and if on tracing cloth or tracing paper shall be mounted on paper of the size prescribed by rule 5 above.
Replacement of specimens by representations
21
When specimens are furnished and are not, in the registrar’s opinion, of a kind which can be conveniently mounted in a flat position by means of an adhesive upon paper or by stitching on linen-backed sheets of paper of the size prescribed by rule 5 above and stored without damage to other documents, representations shall be furnished in place of specimens.
Words, letters or numerals
22
In an application where words, letters or numerals appear in the design, the registrar may require that a disclaimer of any right to their exclusive use shall appear on each representation or specimen.
Repeating surface patterns
23
Each representation or specimen of a design which consists of a repeating surface pattern shall show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of less size than 180 mm by 130 mm (7 inches by 5 inches).
Use of portrait of a member of the Royal Family or armorial bearings, etc.
24
Where a portrait of Her Majesty or of any member of the Royal Family, or a reproduction of the armorial bearings, insignia, orders of chivalry, decorations or flags of any country, city, borough, town, place, society, body corporate, institution or person appears on a design, the registrar, before proceeding to register the design, shall, if he so requires, be furnished with a consent to the registration and use of such portrait or reproduction from such official or other person as appears to the registrar to be entitled to give consent, and in default of such consent he may refuse to register the design.
Use of portrait of living or recently dead person
25
Where the name or portrait of a living person appears on a design, the registrar shall be furnished, if he so requires, with consent from such person before proceeding to register the design and, in the case of a person recently dead, the registrar may call for consent from his personal representative before proceeding with the registration of a design on which the name or portrait of the deceased person appears.
DESIGNS EXCLUDED FROM REGISTRATION UNDER SECTION 1(5)
Exclusion of designs to be applied to certain articles
26
There shall be excluded from registration under the Act designs to be applied to any of the following articles, namely–
1
works of sculpture, other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process;
2
wall plaques, medals and medallions;
3
printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greetings cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles.
CONVENTION APPLICATIONS
Declarations
27
An application for registration under section 14 shall contain a declaration that the application in a convention country upon which the applicant relies is the first application made in a convention country in respect of the design, whether by the applicant or by any person of whom he claims to be the personal representative or assignee, and shall specify the convention country in which such foreign application was made, or is to be deemed under section 14(4) to have been made, and the official date thereof.
Copies and translations
28
1
In addition to the representations or specimens filed with every convention application there shall be filed with the application, or within three months thereafter, a copy of the representation of the design filed or deposited in respect of the first application in a convention country, duly certified by the authority with which it was filed or otherwise verified to the satisfaction of the registrar.
2
If any certificate or other document relating to the application is in a language other than English, a translation thereof into English verified to the satisfaction of the registrar as corresponding to the original text shall be annexed thereto.
PROCEDURE ON RECEIPT OF APPLICATION
Statement of objections by registrar
29
If upon consideration there appears to the registrar to be any objection to the application, a statement of those objections shall be sent to the applicant in writing, and unless within two months thereafter the applicant applies for a hearing or makes observations in writing on those objections, he shall be deemed to have withdrawn his application.
Decision of registrar to be communicated in writing
30
If the applicant applies for a hearing, the decision of the registrar at the hearing shall be communicated to the applicant in writing, together with an indication in general terms of the grounds for that decision.
Appeal from registrar’s decision
31
If the applicant desires to appeal from the registrar’s decision, he shall within one month from the date of the decision apply to the registrar, upon Designs Form 7, requesting him to state in writing the grounds of, and the materials used by him in arriving at, his decision. Upon receipt of such application, the registrar shall send to the applicant a statement as aforesaid in writing and the date when the statement is sent shall be deemed to be the date of the registrar’s decision for the purpose of an appeal.
CERTIFICATE OF REGISTRATION
Form of certificate
32
The certificate of registration of a design shall be in the form set out in Schedule 2 to these Rules, provided always that, in the case of a design which is registered under the provisions of section 4 in association with a design which has been previously registered, the certificate shall contain a statement that the design has been registered in association with that previously registered design.
Copy of certificate
33
An application under section 18(2) for a copy of a certificate of registration shall be made on Designs Form 6 and, where the original certificate has been lost, destroyed or otherwise cannot be produced, shall be accompanied by evidence setting out in full and verifying the circumstances in which the original certificate was lost, destroyed or cannot be produced. An application for a copy of a certificate made for any other reason shall be accompanied by a statement as to why the applicant considers it expedient for a copy to be furnished to him and shall be supported by such evidence as the registrar shall require.
NOVELTY OF DESIGNS
Deemed application date under section 3(4)
34
1
For the purpose of deciding whether a design is new the registrar may direct–
a
that an application for the registration of a design, which has been amended in such a way that the appearance of the design has been altered significantly, shall be treated as having been made on the date on which it was so amended; or
b
that, where an application for the registration of a design disclosed more than one design and has been amended so as to exclude one or more designs from the application, a subsequent application for the registration of a design so excluded made by the person who made the earlier application or his successor in title shall be treated as having been made on the date on which the earlier application was made or is treated as having been made, provided always that the later application is filed before the end of the period provided by rule 36 below for the completion of the earlier application (including any extension of time allowed under the said rule 36) or the date on which the certificate of registration of the design which is the subject of the earlier application (as amended) is granted, whichever is the earlier.
2
Nothing in paragraph (1)(a) of this rule shall be taken to limit the discretion of the registrar to decline to accept an amendment of an application for the registration of a design.
Industrial application of designs
35
A design shall be regarded for the purposes of section 6 as “applied industrially” if it is applied–
a
to more than fifty articles which do not all together constitute a single set of articles as defined in section 44(1); or
b
to goods manufactured in lengths or pieces, not being hand-made goods.
NON-COMPLETION
Time limits
36
The time prescribed for the purposes of section 3(6), which relates to non-completion of an application, shall be twelve months from the date of the application:
Provided that the application may be completed at any time after twelve months but within fifteen months of the date aforesaid, if a request for an extension of time is made on Designs Form 8 accompanied by the prescribed fee.
DEATH OF APPLICANT
Substitution
37
In the case of the death of any applicant for the registration of a design after the date of his application, and before registration of the design has been effected, the registrar may, on being satisfied of the applicant’s death, enter in the register, in place of the name and address of such deceased applicant, the name and address of the person owning the design, on such ownership being proved to the satisfaction of the registrar.
EXTENSION OF DURATION OF RIGHT IN REGISTERED DESIGN
Extension for further periods of five years
38
1
An application for extension of the period for which the right in a registered design subsists for a further period of five years shall be made on Designs Form 9A not more than three months before the expiry of the period of five years immediately preceding that further period.
2
On receipt of the prescribed extension fee accompanied by Designs Form 9A, duly completed, the registrar shall issue a certificate of extension of the period for which the right in the registered design subsists.
Notice of expiry of the right in a registered design
39
1
Where the right in a registered design has expired under section 8(3), the registrar shall, not later than six weeks after the date on which the right expired (and if an application for extension of the period for which the right subsists has still not been received by the registrar), send to the registered proprietor of the design a notice of that fact.
2
This rule does not apply to the right in a design registered in pursuance of an application made before 1st August 1989.
Late extensions
40
An application for extension of the period for which the right in a registered design subsists for a further period of five years made during the period of six months immediately following the end of a five year period shall be made on Designs Form 9A.
Restoration of lapsed right in a design under section 8A
41
1
An application under section 8A may be made within twelve months from the date on which the right in the registered design expired.
2
Any such application shall be made on Designs Form 29 and shall be supported by evidence in support of the statements made in that application.
3
The registrar shall enter in the register notice of the application and shall publish such notice in the Journal.
4
If, upon consideration of the evidence, the registrar is not satisfied that a case for an order under section 8A has been made out, he shall notify the applicant accordingly and, unless within two months the applicant requests to be heard in the matter, the registrar shall refuse the application.
5
If the applicant requests a hearing within the time allowed, the registrar shall, after giving the applicant an opportunity of being heard, determine whether the application shall be allowed or refused.
6
If the registrar decides to allow the application, he shall notify the applicant accordingly and require him to file Designs Form 30, together with Designs Form 9A, duly completed, and the amount of the unpaid extension fee and the prescribed restoration fee, upon receipt of which the registrar shall order the restoration of the right in the design and advertise the fact in the Journal.
7
If the registrar decides to refuse the application he shall notify the applicant accordingly, giving written reasons for his decision if so required by the applicant.
8
This rule does not apply to the right in a design registered in pursuance of an application made before 1st August 1989.
REGISTRATION OF ASSIGNMENTS, ETC
Procedure for application for registration
42
1
An application under section 19(1) or (2) for the registration of the title of any person becoming entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becoming entitled as mortgagee, licensee or otherwise to any interest in a registered design shall be made on Designs Form 12A.
2
Application may be made on Designs Form 12A for entry in the register of notification of any other transaction, event or document purporting to affect the proprietorship of a registered design.
Filing of certified copies
43
A certified copy of any document which is referred to in an application under rule 42 above shall be filed with the application.
Particulars to be provided
44
An application under rule 42(1) above shall contain the name and address of the person claiming or stated to be entitled together with full particulars of the transaction, event or document under which title is claimed or given.
Cancellation of claim to be mortgagee or licensee
45
Where the name of a person is entered in the register as mortgagee or licensee, such person may on making an application for the purpose on Designs Form 12A have a note entered in the register that he no longer claims to be mortgagee or licensee, as the case may be.
Alteration of name or address
46
1
A request by any person upon the alteration of his name for that alteration to be entered in the register or on any application or other document filed at the Patent Office shall be made on Designs Form 16.
2
Before acting on a request to alter a name, the registrar may require such proof of the alteration as he thinks fit.
3
A request by any person for the alteration or correction of his address or address for service entered in the register or on any application or other document filed at the Patent Office shall be made in writing.
4
Where any person files a form under these Rules and on that form he specifies as his address or address for service an address which differs from the address or address for service (as the case may be) which he has previously furnished to the registrar, he shall be deemed, in relation to the design to which the form relates, to have made a request in writing under paragraph (3) above in respect of any address or address for service of his (as the case may be) entered in the register and on any application or other document filed at the Patent Office.
5
If the registrar is satisfied that the request to alter a name, address or address for service may be allowed, he shall cause the register, application or other document to be altered accordingly.
CORRECTION OF ERRORS
Request for correction
47
Where a person interested desires, under the provisions of section 21, to correct an error, he shall make his request on Designs Form 18 (unless the error relates to his address or address for service).
DISCRETIONARY POWER
Exercise of discretionary powers of registrar
48
1
Without prejudice to any provisions of the Act or these Rules requiring the registrar to hear any party to proceedings under the Act, or to give any such party an opportunity to be heard, the registrar shall, before exercising any discretion vested in him by or under the Act adversely to any party to a proceeding before him, give that party an opportunity to be heard.
2
The registrar shall give that party at least fourteen days' notice of the time when he may be heard unless that party consents to shorter notice.
DISPENSATION BY REGISTRAR
Registrar’s power to dispense from Rules
49
Where under these Rules any person is required to do any act or thing, or any document or evidence is required to be produced or filed and it is shown to the satisfaction of the registrar that from any reasonable cause that person is unable to do that act or thing, or that document or evidence cannot be produced or filed the registrar may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of any such act or thing, or the production or filing of that document or evidence.
AMENDMENTS
Registrar’s power to allow amendments and rectify irregularities in procedure
50
If the registrar thinks fit any document or drawing or other representation of a design may be amended, and any irregularity in procedure may be rectified, on such terms as the registrar may direct.
EXTENSION OF TIME
Registrar’s power to extend times prescribed by Rules
51
The times or periods prescribed by these Rules for doing any act or taking any proceeding thereunder, other than the period prescribed in rule 41(1) above, may be extended by the registrar if he thinks fit, upon such notice and upon such terms as he may direct, and such extension may be granted although the time or period for doing such act or taking such proceeding has already expired.
APPLICATION FOR COMPULSORY LICENCE UNDER SECTION 10 OR CANCELLATION OF REGISTRATION OF DESIGN UNDER SECTION 11(2) OR (3)
Procedure for application
52
1
An application for the grant of a compulsory licence under section 10 or for the cancellation of the registration of a design under section 11(2) or (3) shall be made on Designs Form 25A. Such application shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the applicant’s interest and the facts upon which he relies.
2
A copy of the application and the statement of case shall be sent by the registrar to the registered proprietor.
Opposition by registered proprietor
53
If the registered proprietor desires to oppose the application he shall, within such time as the registrar may allow, file a counter-statement fully setting out the grounds on which the application is to be opposed and shall send to the applicant a copy thereof.
Evidence of applicant
54
The applicant may, within such time as the registrar may allow after receipt of the counter-statement, file evidence in support of his case and shall send to the registered proprietor a copy of any evidence so filed.
Evidence of registered proprietor and evidence in reply
55
1
Within such time as the registrar may allow, the registered proprietor may file evidence in support of his case and shall send to the applicant a copy thereof.
2
Following receipt of the copy from the registered proprietor and within such time as the registrar may allow, the applicant may file evidence confined to matters strictly in reply and shall send to the registered proprietor a copy thereof.
Prohibition on further evidence
56
No further evidence shall be filed by either party except by leave or direction of the registrar.
Procedure for hearing
57
1
On completion of the evidence, if any, or at such other time as he may see fit, the registrar shall appoint a time for the hearing of the case, and shall give the parties at least fourteen days' notice of the appointment.
2
If either party desires to be heard he shall give notice in writing of that fact to the registrar and the registrar may refuse to hear a party who has not given him such notice prior to the date of the hearing.
3
The hearing before the registrar of any dispute between two or more parties relating to any matter in connection with a registered design shall be in public unless the registrar, after consultation with those parties to the dispute who appear in person or are represented at the hearing, otherwise directs.
4
Nothing in this rule shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.
CANCELLATION UNDER SECTION 11(1)
Request for cancellation
58
Where the registered proprietor of a design desires to cancel his registration, he shall request such cancellation on Designs Form 19.
LICENCES OF RIGHT
Application to settle terms of licence of right
59
1
An application to settle the terms of a licence under section 11A(4) of the Act or section 266(2) of the Copyright, Designs and Patents Act 1988 shall be made on Designs Form 31 and shall be accompanied by a copy thereof and a statement in duplicate setting out the terms of the licence which the applicant requires the registrar to settle.
2
Within fourteen days of the receipt of Designs Form 31 the registrar shall send a copy of it, together with a copy of the applicant’s statement, to the registered proprietor.
3
The registered proprietor shall, if he does not agree to the terms of the licence set out in the applicant’s statement, within six weeks of the receipt of the copies referred to in paragraph (2) above serve a notice of objection on the registrar with a statement setting out the grounds of his objection and at the same time shall serve a copy of the same on the applicant.
4
Within four weeks of the receipt of the notice of objection the applicant may serve on the registrar a counter-statement, and at the same time shall serve a copy of the same on the registered proprietor.
5
No amended statement or further statement shall be served by either party except by leave or direction of the registrar.
6
The registrar may give such directions as he may think fit with regard to the subsequent procedure.
COSTS
Costs of proceedings
60
1
The registrar may, in any proceedings before him under the Act, by order award to any party such costs as he may consider reasonable, and direct how and by what parties they are to be paid.
2
In the event of an application for the grant of a compulsory licence or for the cancellation of the registration of a design being uncontested by the registered proprietor, the registrar in deciding whether costs should be awarded to the applicant shall consider whether proceedings might have been avoided if reasonable notice had been given by the applicant to the registered proprietor before the application was filed.
Security for costs
61
1
If a person neither resides nor carries on business in the United Kingdom or another member State of the European Economic Community, the registrar may require him to give security for the costs of any application or appeal falling within section 30(3).
2
In default of such security being given, the registrar, in the case of an application, or the Appeal Tribunal, in the case of an appeal, may treat the application or appeal as abandoned.
EVIDENCE BEFORE REGISTRAR
Evidence
62
1
Where under these Rules evidence may be filed, it shall be by statutory declaration or affidavit.
2
The registrar may if he thinks fit in any particular case take oral evidence in lieu of or in addition to such evidence and shall allow any witness to be cross-examined on his statutory declaration, affidavit or oral evidence, unless he directs otherwise.
3
The registrar shall in relation to the examination of witnesses on oath and the discovery and production of documents have all the powers of an official referee of the Supreme Court.
4
The rules applicable to the attendance of witnesses before such a referee shall apply in relation to the attendance of witnesses in proceedings before the registrar.
Form and content of statutory declaration or affidavit
63
1
The statutory declarations and affidavits required by these Rules, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, so far as possible, be confined to one subject.
2
Every statutory declaration or affidavit shall state the description and true place of abode of the person making the same, and shall be written, typed, lithographed or printed.
Making and subscription of statutory declaration or affidavit
64
1
Any statutory declaration or affidavit filed under the Act or these Rules shall be made and subscribed as follows–
a
in the United Kingdom, before any justice of the peace or any commissioner or other officer authorised by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceedings;
b
in any other part of Her Majesty’s dominions or in the Republic of Ireland, before any court, judge, justice of the peace or any officer authorised by law to administer an oath there for the purpose of any legal proceedings; and
c
elsewhere, before a British Minister, or person exercising the functions of a British Minister, or a Consul, Vice-Consul or other person exercising the functions of a British Consul or before a notary public, judge or magistrate.
2
Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by paragraph (1) above to take a declaration may be admitted by the registrar without proof of the genuineness of the seal or signature, or of the official character of the person or his authority to take the declaration.
Registrar’s power to require documents, information or evidence
65
At any stage of any proceedings before the registrar, he may direct that such documents, information or evidence as he may require shall be filed within such period as he may fix.
ADVISERS
Registrar’s power to appoint advisers
66
The registrar may appoint an adviser to assist him in any proceedings before the registrar and shall settle the question or instructions to be submitted or given to such adviser.
INSPECTION OF REGISTER AND DOCUMENTS
Inspection by public
67
The register (or the material on the register) and the material available for inspection pursuant to section 22 shall be made available for inspection by the public on payment of the prescribed fee between the hours of ten a.m. and four p.m. on weekdays, other than Saturdays and days which are specified as excluded days for the purposes of section 39.
Direction by registrar under section 5(1)
68
Where the registrar has given a direction under section 5(1) prohibiting or restricting the publication of a design, the representation or specimen of the design and any such evidence as is mentioned in section 5(2)(b) shall not be open to public inspection while such direction remains in force.
Prohibition on inspection under section 22(2)
69
The period under section 22(2) during which a design shall not be open to inspection, except as provided in that section, shall be, as regards designs to be applied to textile articles, three years and as regards designs to be applied to wallpaper and similar wall covering and lace, two years from the date of the registration thereof.
SEARCHES
Procedure when registration number known
70
Where any person desires to obtain the information which he is entitled to obtain under section 23 and can furnish the registration number of the design, he shall make his request on Designs Form 20 and the registrar shall thereafter furnish him with the information aforesaid.
Procedure when registration number unknown or general search
71
The registrar shall, upon a request for the purpose made on Designs Form 21, accompanied by a representation or specimen (in duplicate) of the design applied to an article, cause such search as may be reasonably practicable to be made among registered designs and state whether the design as applied to that article appears to be identical with, or closely to resemble, any registered design applied to that or any other article, and shall furnish such information as can properly be given.
CERTIFICATES AND COPIES SUPPLIED BY REGISTRAR
Certificates supplied by registrar
72
Upon request made on Designs Form 23 and payment of the appropriate fee–
a
the registrar shall supply a certified copy of an entry in the register or a certified extract from the register; and
b
the registrar may supply–
i
a certified copy of any representation, specimen or document kept in the Patent Office or a certified extract from any such document; or
ii
a certificate for the purposes of section 17(9).
Copies supplied by registrar
73
Upon request and payment of the appropriate fee–
a
the registrar shall supply an uncertified copy of an entry in the register or an uncertified extract from the register; and
b
the registrar may supply an uncertified copy of any representation or document kept in the Patent Office or an uncertified extract from any such document.
HOURS OF BUSINESS AND EXCLUDED DAYS
Hours of business
74
The Patent Office shall be deemed to be closed at the following hours for the transaction of business of the classes specified–
a
on weekdays, other than Saturdays, at midnight for the filing of applications, forms and other documents, and at four p.m. for all other business,
b
on Saturdays, at one p.m. for the filing of new applications for the registration of designs which are not convention applications.
Excluded days
75
1
The following shall be excluded days for all purposes under the Act:
a
all Sundays;
b
Good Friday and Christmas Day;
c
any day specified as or proclaimed to be a bank holiday in England in or under section 1 of the Banking and Financial Dealings Act 1971 ;
d
any Saturday immediately preceded by a day falling within sub-paragraph (b) or (c) above.
2
Saturdays not falling within paragraph (1) above shall be excluded days for all purposes except the filing of new applications for the registration of designs which are not convention applications.
Calculation of times or periods
76
1
Where, on any day, there is–
a
a general interruption or subsequent dislocation in the postal services of the United Kingdom, or
b
an event or circumstances causing an interruption in the normal operation of the Patent Office,
the registrar may certify the day as being one on which there is an “interruption” and, where any period of time specified in the Act or these Rules for the giving, making or filing of any notice, application or other document expires on a day so certified the period shall be extended to the first day next following (not being an excluded day) which is not so certified.
2
Any certificate of the registrar given pursuant to this rule shall be posted in the Patent Office.
3
Where in connection with an application for the registration of a design the period of time referred to in rule 34(1)(b) above or the period of six months after the opening of an exhibition referred to in section 6(2) ends on a day which is certified by the registrar for the purposes of paragraph (1) above or which is an excluded day for the purposes of section 39, the application shall be treated as having been made within the relevant period if it is made on the first following day which is neither so certified nor an excluded day.
4
If in any particular case the registrar is satisfied that the failure to give, make or file any notice, application or other document within–
a
any period of time specified in the Act or these Rules for such giving, making or filing,
b
the period of six months specified in section 6(2) or 14(1), or
c
the period of time referred to in rule 34(1)(b) above,
was wholly or mainly attributable to a failure or undue delay in the postal services in the United Kingdom, the registrar may, if he thinks fit–
i
in the case of a period of time falling within sub-paragraph (a) above, extend the period so that it ends on the day of the receipt by the addressee of the notice, application or other document (or, if the day of such receipt is an excluded day, on the first following day which is not an excluded day), or
ii
in the case of the said periods of six months or the period of time referred to in rule 34(1)(b) above, determine that the application shall be treated as having been made within the relevant period,
in each case upon such notice to other parties and upon such terms as he may direct.
ORDERS OF THE COURT
Service of application on registrar
77
Where application to the court under section 20 for rectification of the register has been made, the applicant shall forthwith serve an office copy of the application on the registrar, who shall enter a notice of the application in the register.
Filing of order with registrar
78
Where an order has been made by the court in any case under the Act, the person in whose favour such order has been made shall forthwith file Designs Form 28 accompanied by an office copy of the order. The register shall, if necessary, thereupon be rectified by the making of any entry therein or the variation or deletion of any entry therein.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
29th June 1989


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Sutton District Water Company (Constitution and Regulation) Order 1989 and shall come into force on 11th January 1990.
2
In this Order–
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved for the purposes of section 101(2) of the Act.
Cessation of local statutory provisions
3
The date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 11th January 1990.
Consequential provision
4
The provisions of the Sutton District Water Acts and Orders 1871 to 1988 mentioned in Schedule 2 hereto shall be repealed to the extent indicated in that Schedule with effect from the date mentioned in article 3.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
15th December 1989


text:
1
This Order may be cited as the Woolwich Ferry Order 1989 and shall come into force on 1st June 1989.
2
In this Order –
“the Woolwich Ferry” means the ferry vested in the Secretary of State by virtue of article 7 of the Woolwich Ferry Order 1986 .
3
Part III of the London County Council (General Powers) Act 1894 (Explosives at Ferries – Enforcement of Byelaws) shall apply in relation to the Woolwich Ferry as if –
a
in section 6 for the words “The Council” to “uniform” there were substituted the words:-
The Secretary of State may in writing authorise any person appointed by him for the purpose to search any vehicles or packages and to open any packages tendered to him for transmission over any of his ferries or brought upon any piers, landing places or other ferry works of the Secretary of State and any person so authorised being in uniform
;
b
in section 7 for the words “any officer of the Council authorised” there were substituted the words “any person authorised by the Secretary of State” and for the word “officer” in both places where it subsequently occurs there were substituted the words “person authorised”; and
c
in the proviso to section 7 for the words “any officer of the Council” there were substituted the words “any person, other than a constable,” and for the words “the Council” there were substituted the words “the Secretary of State”.
4
1
Section 236(8) (Procedure, etc , for byelaws) of the Local Government Act 1972 shall apply in relation to orders made by virtue of article 4(1) of the Woolwich Ferry Order 1986 with the modification that for the words “A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made” there were substituted the words “A copy of the order shall be printed and deposited at the offices of the authority by whom the order is made”.
2
The Woolwich Ferry Order 1986 shall be amended by the deletion of the provisions in columns 2 and 3 of the Schedule to that Order which are given the item number 8 in column 1 of that Schedule.
Paul Channon
Secretary of State for Transport
24th April 1989


text:
1
This Order may be cited as the Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989 and shall come into force on 25th October 1989.
2
The Scottish Milk Marketing Scheme 1989 set out in Schedule 1 to this Order is hereby approved and shall come into force on 25th October 1989.
3
The Scottish Milk Marketing Scheme 1933 is hereby revoked.
4
This Order is made for the purposes of consolidation only.
5
The Orders and Regulations specified in column (1) of Schedule 2 to this Order are hereby revoked to the extent specified in relation thereto in column (3) of that Schedule.
Sanderson of Bowden
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
28th September 1989


text:
1
The Crick (Northamptonshire) to Doncaster Bypass Motorway Connecting Roads (No 2) Special Roads Supplementary Scheme 1986 is hereby varied as follows –
a
for article 4(2)(i) there is substituted the following article –
2
i
“the deposited plan” means the plan numbered HA16/EM3 marked “The Crick (Northamptonshire) to Doncaster Bypass Motorway Connecting Roads (No 2) Special Roads Supplementary Scheme 1986 Variation Scheme 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
.
2
This Scheme shall come into force on 3rd March 1989 and may be cited as the Crick (Northamptonshire) to Doncaster Bypass Motorway Connecting Roads (No 2) Special Roads Supplementary Scheme 1986 Variation Scheme 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
14th February 1989


text:
1
1
This Order may be cited as the Education (Inner London Education Authority) (Continuity and Offers of Employment) Order 1989, and shall come into force on 14th July 1989.
2
In this Order–
“ the Act ” means the Education Reform Act 1988;
“ ILEA ” means the Inner London Education Authority;
“inner London council” means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London; and
“ LRB ” means the London Residuary Body.
2
14th July 1989 is hereby specified for the purposes of–
a
section 174 of the Act (which provides for continuity of employment for former staff of ILEA and LRB in certain cases of voluntary transfer); and
b
section 175 of the Act (which concerns offers of employment by inner London councils to persons currently in the employment of ILEA).
Kenneth Baker
Secretary of State for Education and Science
23rd June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1989 and shall come into force on 6th April 1989.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment to Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In Regulation 7 (lower and upper earnings limits for Class 1 contributions) –
a
for “6th April 1988” there shall be substituted “6th April 1989”, and
b
for “£41” and “£305” there shall be substituted respectively “£43” and “£325”.
3
In regulation 115(1) (reduction of rate of Class 1 contributions payable in respect of earnings of serving members of the forces) –
a
in sub-paragraph (a), for “0.8” in each place where it appears there shall be substituted “0.65”;
b
in sub-paragraph (b), for “0.85” there shall be substituted “0.7”.
4
In regulation 123D (special provisions as to volunteer development workers) –
a
immediately before the words “In relation to” there shall be inserted the figure “(1)”:
b
in paragraph (b) (weekly rate of any Class 2 contributions payable) for “£6.55” there shall be substituted the words “the amount equal to that percentage of the current lower earnings limit obtained by adding together the relevant primary percentage rate and the relevant secondary percentage rate”;
c
after paragraph (d) there shall be added the following new paragraph –
2
In paragraph (1) above –
a
“relevant primary percentage rate” means the rate which was, at the beginning of the year in which falls the week in respect of which the contribution is paid, the rate specified in section 4(6B) of the Act as the appropriate percentage rate for Bracket 1,
b
“relevant secondary percentage rate” means the rate which was, at the beginning of the year in which falls the week in respect of which the contribution is paid, the rate specified in section 4(6E) of the Act as the appropriate percentage rate for Bracket 1.
.
5
In regulation 134 (modification of section 134(4) of the Act) –
a
for paragraph (a) there shall be substituted the following paragraph –
a
in the case of contributions paid at the rate reduced in accordance with regulation 89(1) of these Regulations (modification of section 4(6E) of the Act in relation to mariners) the said subsection (4) shall apply as if, instead of the percentage figure specified in paragraph (b) thereof, there were the percentage figure “0.6”;
;
b
in paragraph (b), for “regulation 89(1)(a)” there shall be substituted “regulation 89(1)”.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
27th February 1989
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order –
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/EM52 marked “The A6 Trunk Road (Black Lodge Improvement) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means the A6 Trunk Road.
4
This Order shall come into force on 26th October 1989 and may be cited as the A6 Trunk Road (Black Lodge Improvement) Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
East Midlands Region
Department of Transport
3rd Octobr 1989


text:
1
The (A453) North East of Birmingham–Nottingham Trunk Road The Birmingham–Nottingham Route (A42 Ashby-de-la-Zouch to Kegworth Section) Order 1986 is hereby varied as follows:–
a
for article 2 there is substituted the following article:–
2
The centre line of the new trunk road described in paragraph (1) of the Schedule to this Order is indicated by a heavy black line on the deposited plan and on the second deposited plan. The heavy black lines to the north-east of the point marked `B' on Site Plan 2 of the deposited plan shall be disregarded. The centre lines of the new trunk roads described in paragraphs (3) and (4) of the Schedule to this Order are indicated by heavy black lines on the second deposited plan.
;
b
In article 4, after the definition of “the deposited plan” there is inserted the following new definition:– “the second deposited plan” means the plan numbered HA10/EM45 marked “The (A453) North East of Birmingham– Nottingham Trunk Road The Birmingham– Nottingham Route (A42 Ashby-de-la-Zouch to Kegworth Section) Order 1986 Variation Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY:
c
In the Schedule
i
in paragraph (1):
a
for the figure “13.94” there is substituted the figure “12.42”
b
for the words from “and terminating” to the end of the paragraph there are substituted the words “to a point (marked `B' on Site Plan 2 of the deposited plan and on the second deposited plan) about 340 metres (measured in a straight line and on a horizontal plane) north east of Wood Nook Farm.”
ii
there is inserted after paragraph (1) the following paragraph:–
2
a route of about 1.5 kilometres in length starting at the said point marked `B' on Site Plan 2 of the deposited plan and on the second deposited plan, and terminating with a roundabout at a point (marked `D' on the second deposited plan) about 520 metres (measured in a straight line and on a horizontal plane) east of the junction of the Trunk Road and the access to “Finger Farm” near East Midlands Airport.
;
iii
for paragraph (2) there is substituted the following paragraph:–
3
a route of about 1.46 kilometres in length starting at the said point marked `B' on the second deposited plan and proceeding in the form of an arc generally north eastwards to rejoin the said route described in paragraph 1 above at a point (marked `C' on the second deposited plan) about 25 metres south of the roundabout proposed to be constructed referred to in paragraph 1 above.
;
iv
for paragraph (3) there is substituted the following paragraph:–
4
a route of about 160 metres in length starting at a point (marked `E' on the second deposited plan) on the Trunk Road near Kegworth about 620 metres (measured in a straight line and on a horizontal plane) east of the junction of the Trunk Road and the access to “Finger Farm” and terminating at a point (marked `F' on the second deposited plan) at the roundabout as proposed to be constructed and described in paragraph 1 above.
.
2
This Order shall come into force on 3rd March 1989 and may be cited as the (A453) North East of Birmingham–Nottingham Trunk Road The Birmingham–Nottingham Route (A42 Ashby-de-la-Zouch to Kegworth Section) Order 1986 Variation Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
14th February 1989


text:
1
This Order may be cited as the Cayman Islands (Territorial Sea) Order 1989 and shall come into force on 1st January 1990.
2
The boundaries of the Colony of the Cayman Islands are hereby extended to include, as territorial sea, that part of the sea which is situated within 12 nautical miles of the Cayman Islands, measured from the baselines as established by article 3 of this Order, together with the seabed of the territorial sea and its subsoil.
3
1
Except as otherwise provided in paragraph (2) of this article and in articles 4 and 5 below, the baseline from which the breadth of the territorial sea adjacent to the Cayman Islands is measured shall be the low-water line along the coast, including the coast of all islands comprised in the territory.
2
For the purposes of this article a low-tide elevation which lies wholly or partly within the breadth of sea which would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth thereof shall be treated as an island.
4
1
In the case of the sea adjacent to a coast off which there are fringing reefs, the baseline from which the breadth of the territorial sea is measured shall be the sea(ward limit of the low-water line of the fringing reefs.
2
Where there is a break or passage through the fringing reefs referred to in para(graph (1) of this article, the baseline from which the breadth of the territorial sea is measured shall be a straight line joining the seaward entrance points of that break or passage.
5
In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured shall —
a
if the bay has only one mouth and the distance between the low-water lines of the natural entrance points of the bay does not exceed 24 nautical miles, be a straight line joining the said low-water lines;
b
if, because of the presence of islands, the bay has more than one mouth and the distances between the low-water lines of the natural entrance points of each mouth added together do not exceed 24 nautical miles, be a series of straight lines across each of the mouths drawn so as to join the said low-water lines;
c
if neither paragraph (a) nor (b) of this article applies, be a straight line 24 nautical miles in length drawn from low-water line to low-water line within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length.
6
In this Order —
a
“bay” means an indentation of the coast such that its area is not less than that of the semi-circle whose diameter is a line drawn across the mouth of the indentation, and for the purposes of this definition the area of an indentation shall be taken to be the area bounded by the low-water line around the shore of the indentation and the straight line joining the low-water lines of its natural entrance points, and where, because of the presence of islands, an indentation has more than one mouth the length of the diameter of the semi-circle referred to shall be the sum of the lengths of the straight lines drawn across each of the mouths, and in calculating the area of an indentation the area of any islands lying within it shall be treated as part of the area of the indentation;
b
“fringing reefs” means reefs attached directly to, or located in the immediate vicinity of, the coast or any coastal lagoon;
c
“island” means a naturally formed area of land surrounded by water which is above water at mean high-water spring tides;
d
“low-tide elevation” means a naturally formed area of drying land surrounded by water which is below water at mean high-water spring tides; and
e
“nautical miles” means international nautical miles of 1,852 metres.
G I de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Unitary Development Plans (Greater Manchester and Sunderland) (Appointed Day) Order 1989 and shall come into force on 19th December 1989.
2
19th December 1989 is appointed as the day on which Part I of Schedule 1 to the Local Government Act 1985 shall come into force in the areas of the local planning authorities listed in the Schedule hereto.
Chris Patten
Secretary of State for the Environment
2nd November 1989


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No.2) Order 1989.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 2 thereto and substituting therefor the following–
SCHEDULE 2
EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN, LUXEMBOURG, 20th MAY 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
The Republic of Austria – 1st August 1986 The Kingdom of Belgium – 1st August 1986 The Republic of Cyprus – 1st October 1986 The French Republic – 1st August 1986 The Grand Duchy of Luxembourg – 1st August 1986 Norway – 1st May 1989 The Portuguese Republic – 1st August 1986 Spain – 1st August 1986 Sweden – 1st July 1989 The Swiss Confederation – 1st August 1986
G.I. de Deney
Clerk of the Privy Council


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) (No. 4) Order 1989, shall come into force on 1989 and shall cease to have effect on 1st November 1989.
2
In this Order–
“sea area” means a statistical sub area or division of the International Council for the Exploration of the Sea or the area known as CECAF Division 34.1.1 ( EC Zone) described in the Schedule hereto;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length” means–
in relation to a boat registered under Part II of the Merchant Shipping Act 1988 , the length recorded as the registered length in the Certificate of Registry, that is to say the certificate of registration of the boat under that Part;
in relation to a boat not registered under Part II of that Act, the length calculated in accordance with the rules specified in Schedule 1 to the Merchant Shipping (Fishing Vessels – Tonnage) Regulations 1988 .
Prohibition and exception
2
1
Subject to paragraph (2) of this article, fishing for cod (Gadus morhua)–
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purposes of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat to which this Order applies the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article, and in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
4
The Cod (Specified Sea Areas) (Prohibition of Fishing) (No. 3) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th September 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Ian Lang
Minister of State, Scottish Office
18th September 1989
Peter Walker
Secretary of State for Wales
11th September 1989
Peter Brooke
Secretary of State for Northern Ireland
18th September 1989


text:
1
These Regulations may be cited as the Excise Duties (Deferred Payment) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
2
In regulation 3 of the Excise Duties (Deferred Payment) Regulations 1983 , after sub-paragraph 3 (d) there shall be inserted: “ (e) cider manufactured in the United Kingdom and delivered from an excise warehouse.”.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th August 1989


text:
1
The new highways which the Secretary of State proposes to construct along —
a
the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”), and
b
the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads 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 a 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 relevant route is opened for the purpose of through traffic.
4
The Secretary of State is authorised to construct the bridges specified in Schedules 3 and 4 of this Order as part of the main new trunk road.
5
In this Order —
1
Subject as mentioned in Schedule 1 to this Order, all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan contained in the folio numbered HA10/EM47, marked “The (A6) London–Inverness Trunk Road (Quorn–Mountsorrel Byass and Slip Roads) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk road and the slip roads and “a new trunk road” means one of those highways; and
iii
“the Trunk Road”
means the (A6) London–Inverness Trunk Road.
6
This Order shall come into force on 18th August 1989 and may be cited as the (A6) London–Inverness Trunk Road (Quorn–Mountsorrel Bypass and Slip Roads) Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
28th July 1989