text:
Title, commencement and interpretation
1
1
This Order may be cited as the Southern Sea Fisheries District Order 1989 and shall come into force the day after the day on which it is made.
2
In this Order –
“ the Act ” means the Sea Fisheries Regulation Act 1966;
“the quadrennial period” means the period of four years beginning on 1st July 1989 and every fourth anniversary of that day.
Sea Fisheries District
2
1
There shall continue to be a sea fisheries district comprising so much of the sea within the national waters of the United Kingdom adjacent to England and so much of the sea within three nautical miles from the baselines from which the breadth of the territorial sea of the United Kingdom adjacent to England is measured, with the adjoining coast, as lies within the following limits, namely, on the east, a line drawn along the western side of the road-bridge leading from Langston to Hayling Island in the county of Hampshire and continued from the southern extremity of the said bridge straight to the flagstaff of the Hayling Island coastguard station, and thence seawards in a true southerly direction, being the western boundary of the Sussex Sea Fisheries District; and on the west, a line drawn true south from the seaward extremity of the boundary between the counties of Dorset and Devon near Lyme Regis, being the eastern boundary of the Devon Sea Fisheries District.
2
Save as provided in article 2(3) below, the sea fisheries district shall not extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of any estuary within the limits of the said district, as follows:–
A line at or near the mouth of the River Avon drawn true south-east from the south-easternmost corner of Haven House Inn, Mudeford Quay near Christchurch to a point distant two thousand feet therefrom, thence continued straight in a north-easterly direction to a point true south of, and distant two thousand feet from, the south-westernmost corner of the building known as Highcliffe Castle, and thence continued straight to such south-westernmost corner;
A line at or near the mouth of the River Trent or Piddle across the said river, along the eastern side of the road-bridge leading from Wareham to Wareham Railway Station;
A line at or near the mouth of the River Frome across the said river, along the eastern side of the road-bridge leading from Wareham to Stoborough;
A straight line at or near the mouth of the River Wey from the seaward extremity of the outer pier or breakwater at the mouth of the Nothe to the seaward extremity of the Pile Pier;
A straight line across every such river or stream not herein before specified, such line being drawn at the limit of ordinary high water.
3
The sea fisheries district shall extend north of a line from Hill Head to Stansore Point to include the port of Southampton as defined in section 5 of the Southampton Harbour Act 1887 (except that for the purposes of this Order the port shall include the River Hamble above Bursledon bridge so far as it is tidal) and shall include such part of the area of the sea known as “The Fleet” as extends from Portland Harbour to the eastern boundary of the parish of Abbotsbury, being the boundary of that parish for the purposes of the Local Government Act 1972 , at the date of the making of this Order.
4
In respect of such rivers, streams and estuaries above the lines beyond which the sea fisheries district does not extend the South West Water Authority, the Southern Water Authority and the Wessex Water Authority shall each within their respective areas have the powers of a local fisheries committee.
5
The sea fisheries district shall continue to be known as the Southern Sea Fisheries District.
Local Fisheries Committee
3
1
There shall continue to be a local fisheries committee constituted for the regulation of the sea fisheries carried on within the Southern Sea Fisheries District.
2
The Committee shall be a joint committee of the Councils referred to in column 1 of Schedule 1 to this order and shall consist of twenty members. The number of members appointed by each constituent Council shall be the number which is set out in column 2 of that Schedule opposite the reference to such Council. Eight additional members shall be appointed by the Minister of Agriculture, Fisheries and Food and one additional member each by the Southern Water Authority and the Wessex Water Authority.
3
Subject to paragraph (5) of this article the persons who were members of the Committee immediately before the coming into force of this Order shall continue to hold office until the end of June 1989. After that date the members shall come into office on the day specified in the instrument appointing them and shall hold office until the end of the quadrennial period in which that day falls.
4
Retiring members shall be eligible for re-appointment.
5
Where for any reason whatsoever there occurs a casual vacancy in the Committee, the body by whom the vacating member was appointed may fill the vacancy by the appointment of a new member. It shall be the duty of the Clerk of the Committee forthwith to notify every such vacancy to the appointing body.
6
No act or proceeding of the Committee shall be questioned on account of any vacancy in the Committee, and no defect in the appointment of any person acting as a member of the Committee shall vitiate any proceedings of the Committee in which he has taken part.
7
No Council shall make, vary or revoke any regulation or standing order respecting the quorum or proceedings of the Committee or as to the area within which it is to exercise its authority, except that any Council may make a regulation requiring the Committee to submit to such Council once in each year an estimate of expenses proposed to be incurred by it under the Act, and once in each year an abstract of its accounts for the preceding year, and to afford to any person appointed for the purpose by the Council access at all reasonable times to the books containing its accounts.
8
Subject to any restriction or condition made under section 10 of the Act, the Committee shall not be required to report its proceedings to any Council, nor shall its acts or proceedings be submitted to any Council for approval.
9
The Committee shall hold four quarterly meetings in each year for the transaction of general business, in addition to any special or adjourned meetings.
10
Five members shall be a quorum at any meeting of the Committee.
11
The Committee may from time to time appoint a sub-committee or sub-committees and may assign to such sub-committee or sub-committees such duties as it may from time to time determine.
Expenses
4
The expenses of the Committee shall be chargeable to the constituent Councils in the respective proportions set out in column 3 of Schedule 1 to this Order opposite the reference to each constituent Council and the precepts which the Committee shall from time to time issue to the several Councils for the sums required to defray their estimated or actual expenditure shall be calculated accordingly and such sums shall be expenses for general county purposes.
Revocation
5
The Orders specified in Schedule 2 to this Order are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th April 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food


type: legislation

jurisdiction: UK

text:
Title and commencement
1
1
This Order may be cited as the Poultry Breeding Flocks and Hatcheries (Registration and Testing) Order 1989 and, except for articles 3 and 4 shall come into force on 26th October 1989.
2
Articles 3 and 4 shall come into force on 2nd April 1990.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“ the Act ” means the Animal Health Act 1981;
“the appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“approved disinfectant” means a disinfectant for the time being listed in the Diseases of Animals (Approved Disinfectants) Order 1978 as approved for use under a general order;
“authorised laboratory” means a laboratory authorised in writing by the Minister for the purposes of this Order;
“breeding flock” means any flock of poultry consisting of not less than 25 birds which are kept (or are being reared) for the production of hatching eggs or birds for (in either case) sale or supply for breeding purposes or for the production of eggs or for meat;
“the Breeding Flocks Register” means the register kept by the appropriate Minister under article 3(2);
“chicks” means poultry less than 72 hours old which have not been fed;
“chick box liner” means any material used to line a box or other container in which chicks are transported from a hatchery to any rearing premises;
“composite faeces sample” means a sample of faeces consisting of a number of individual samples of faeces calculated in accordance with the appropriate provisions of Part I of Schedule 3 each of which weighs not less than 1 gram and is taken from a site selected at random to represent the house or group of houses on the premises from which it is taken;
“hatching eggs” means eggs intended for incubation;
“the Hatcheries Register” means the register kept by the appropriate Minister under article 4(2);
“hatchery” means any premises, with a total incubator capacity of not less than 1,000 eggs, on which the eggs of poultry are incubated or hatched and from which chicks are sold or supplied;
“house” means–
a building (including a shed); or
a part of a building separated from other parts of that building by a solid partition and having its own ventilation system;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to an officer of the Minister, includes a veterinary inspector;
“laboratory” means any laboratory which has the necessary facilities and personnel for carrying out tests on samples mentioned in Parts I and II of Schedule 3 in accordance with the provisions of Part III of that Schedule;
“the Minister” and “the Ministry” mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“poultry” means domestic fowls, turkeys, geese or ducks;
“premises” includes land;
“rearing premises” means any premises on which chicks are placed for rearing as replacement breeding stock;
“sanitised”, in relation to any eggs, means–
fumigated with formaldehyde;
sprayed with or immersed in an egg shell disinfectant in accordance with the manufacturer’s instructions; or
made hygienic by any other method approved by the Minister;
“vermin” means rats, mice, flies or cockroaches;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
2
Until the coming into force of articles 3 and 4 any reference in this Order to a person whose name is entered in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises shall be a reference to a person who is keeping a breeding flock on any premises or (as the case may be) to a person who is using any premises as a hatchery and whose name will be required to be entered in the Breeding Flocks Register or in the Hatcheries Register in respect of those premises in accordance with article 3 or 4 when those articles come into force.
3
Any reference in this Order to the supply of any hatching eggs, chicks or birds shall be deemed to include the transfer of them from one premises to any other premises whether or not in the same ownership or occupation for breeding purposes or for the production of eggs or for meat.
4
After 1st June 1990 any reference in this Order to a laboratory shall be a reference to an authorised laboratory.
5
Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.
Registration of breeding flocks
3
1
Subject to paragraph (9) below, no person shall keep a breeding flock on any premises unless his name is entered in the Breeding Flocks Register in respect of the premises on which the flock is kept.
2
The appropriate Minister shall keep, for the purpose of paragraph (1) above, a register of persons as being persons entitled to keep a breeding flock on premises in respect of which their names are entered in the register.
3
Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Breeding Flocks Register in respect of any premises the appropriate Minister shall, subject to paragraphs (4) and (5) below, enter his name in the Breeding Flocks Register in respect of those premises and shall issue to the applicant a certificate of such registration.
4
The appropriate Minister shall refuse to enter the name of any person in the Breeding Flocks Register in respect of any premises unless all the particulars specified in Part I of Schedule 1 are notified to him in writing.
5
The appropriate Minister shall refuse to enter the name of any person in the Breeding Flocks Register in respect of any premises if, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that any of the requirements specified in Part I of Schedule 2, in so far as it relates to the location or to the construction or adaption of premises on which a breeding flock is kept, is not being complied with or will not be able to be complied with by the date on which registration would otherwise have been effected.
6
The registration of the name of a person in the Breeding Flocks Register in respect of any premises shall remain in force for a period of one year.
7
A person who wishes to renew the registration of his name in the Breeding Flocks Register in respect of any premises for a further period of one year from the date of its expiry shall make an application in writing to the appropriate Minister before such date.
8
On receipt of an application for the renewal of the registration of the name of a person in the Breeding Flocks Register in respect of any premises the appropriate Minister shall renew such registration for a further period of one year from the date of its expiry unless, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that the applicant has failed to comply with any of the requirements specified in Part I of Schedule 2 relating to the keeping of a breeding flock on those premises.
9
The provisions of paragraph (1) above shall not apply in the case of a breeding flock consisting of birds which are kept solely for the production of hatching eggs or chicks for use (in either case) in the manufacture of vaccines or for research or other scientific purposes.
Registration of hatcheries
4
1
Subject to paragraph (9) below, no person shall use any premises as a hatchery unless his name is entered in the Hatcheries Register in respect of those premises.
2
The appropriate Minister shall keep, for the purpose of paragraph (1) above, a register of persons as being persons entitled to use as a hatchery any premises in respect of which their names are entered in the register.
3
Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Hatcheries Register in respect of any premises the appropriate Minister shall, subject to paragraphs (4) and (5) below, enter his name in the Hatcheries Register in respect of those premises and shall issue to the applicant a certificate of such registration.
4
The appropriate Minister shall refuse to enter the name of any person in the Hatcheries Register in respect of any premises unless all particulars specified in Part II of Schedule 1 are notified to him in writing.
5
The appropriate Minister shall refuse to enter the name of any person in the Hatcheries Register in respect of any premises if, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that any of the requirements specified in Part II of Schedule 2, in so far as it relates to the location or to the construction or adaption of premises which are used as a hatchery, is not being complied with or will not be complied with by the date on which registration could otherwise have been effected.
6
The Registration of the name of a person in the Hatcheries Register in respect of any premises shall remain in force for a period of one year.
7
A person who wishes to renew the registration of his name in the Hatcheries Register in respect of any premises for a further period of one year from the date of its expiry shall make an application in writing to the appropriate Minister before such date.
8
On receipt of an application for the renewal of the name of a person in the Hatcheries Register in respect of any premises the appropriate Minister shall renew such registration for a further period of one year from the date of its expiry unless, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that the applicant has failed to comply with any of the requirements specified in Part II of Schedule 2 relating to the use of those premises as a hatchery.
9
The provisions of paragraph (1) above shall not apply in the case of any premises used solely for the incubation or hatching of eggs from which chicks are sold or supplied for use in the manufacture of vaccines or for research or other scientific purposes.
Duties of registered persons in respect of breeding flocks and hatcheries
5
It shall be the duty of a person whose name is entered in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises to ensure that the requirements specified in Part I of Schedule 2 relating to the keeping of a breeding flock on those premises or, as the case may be, the requirements specified in Part II of that Schedule relating to the use of those premises as a hatchery are complied with.
Taking of samples from breeding flocks for bacteriological testing for salmonella
6
It shall be the duty of a person whose name is entered in the Breeding Flocks Register in respect of any premises on which a breeding flock is kept by him to ensure that–
a
samples are taken in respect of the flock in such manner as is specified in Part I of Schedule 3 and at such times as are so specified;
b
such samples are identified in such a manner as to enable the laboratory to which they are submitted to know what type of samples they are, the name of the person entered in the Breeding Flocks Register in respect of the premises on which they were taken, the address of those premises and the house (if any) on those premises from which they were taken;
c
such samples (other than those required to be taken under the supervision of an officer of the Minister) are dispatched, within 48 hours of being taken, or, in the case of samples required to be taken over a period of 4 consecutive days, within 48 hours of the end of that period, to a laboratory for testing (at his expense) for the presence of salmonella in accordance with an appropriate bacteriological method set out in Part III of that Schedule; and
d
in the case of samples required to be taken under the supervision of an officer of the Minister they are given to him after being so taken for testing by the Minister for salmonella in accordance with such a bacteriological method.
Taking of blood samples from domestic fowls in breeding flocks for serological testing for Salmonella pullorum
7
It shall be the duty of a person whose name is entered in the Breeding Flocks Register in respect of any premises on which a breeding flock containing any domestic fowls is kept by him to use his best endeavours so as to ensure that–
a
blood samples are taken from the fowls in such manner as is specified in Part I of Schedule 4 and at such times as are so specified; and
b
such samples are tested (at his expense) by or under the supervision of an officer of the Minister for the presence of Salmonella pullorum in accordance with the serological method set out in Part II of that Schedule.
Taking of samples from hatcheries for bacteriological testing for salmonella
8
1
It shall be the duty of a person whose name is entered in the Hatcheries Register in respect of any premises used by him as a hatchery to ensure that–
a
samples are taken from the hatchery in such manner as is specified in Part II of Schedule 3 and at such times as are so specified;
b
such samples are identified in such a manner as to enable the laboratory to which they are submitted to know what type of samples they are, the name of the person entered in the Hatcheries Register in respect of the premises on which they were taken, the address of those premises and the address of the premises from which the hatching eggs from which the samples were obtained were supplied to the hatchery;
c
such samples (other than those required to be taken under the supervision of an officer of the Minister) are dispatched, within 48 hours of being taken, to a laboratory for testing (at his expense) for the presence of salmonella in accordance with an appopriate bacteriological method set out in Part III of that Schedule; and
d
in the case of samples required to be taken under the supervision of an officer of the Minister, they are given to him after being so taken for testing by the Minister for salmonella in accordance with such a bacteriological method.
Bacteriological testing of samples from breeding flocks and hatcheries and reporting of results of tests
9
1
It shall be the duty of the person in charge of a laboratory to which a sample has been submitted under article 6(c) or 8(c) to ensure that–
a
the sample is tested for the presence of salmonella in accordance with an appropriate bacteriological method set out in Part III of Schedule 3;
b
the result of such a test is reported in writing as soon as practicable to the person who submitted the sample; and
c
where, as a result of an examination carried out in accordance with such a bacteriological method, salmonella is isolated from the sample, that a subculture is sent to the Lasswade Veterinary Laboratory of the Ministry situated at Penicuik, Midlothian, Scotland or a Veterinary Investigation Centre of the Ministry in England or Wales.
2
If a person to whom a report is made under paragraph (1)(b) above is not the person whose name is entered in the Breeding Flocks Register or the Hatcheries Register (as the case may be) in respect of the premises on which the sample was taken, he shall immediately pass that report to the person so registered.
Tampering with samples
10
1
No person shall treat or otherwise tamper with any sample which has been taken for the purposes of this Order.
2
For the purposes of this article a person shall be deemed to have treated a sample if he does anything in relation to it which is likely to affect the result of the test required to be carried out under this Order.
Keeping of records
11
A person whose name is entered in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises shall–
a
keep a record containing the information specified in Part I of Schedule 5 of any sample taken in respect of the breeding flock or hatchery (as the case may be) in accordance with article 6(a) or 8(a) (as appropriate);
b
keep a record of the result of any test carried out on a sample in accordance with article 6(c) or 8(c) (as appopriate) which has been reported to him in accordance with article 9;
c
keep a record containing the information specified in Part II of Schedule 5 of tests carried out on any day on blood samples in accordance with article 7(b);
d
keep a record containing the information specified in Part III of Schedule 5 of the movement of any poultry, chicks or eggs onto and off the premises on which the breeding flock is kept;
e
keep a record containing the information specified in Part IV of Schedule 5 of the movement of any eggs onto and off the premises used as a hatchery and of the movement of any chicks off such premises;
f
retain any such record for a period of 1 year from the date on which the sample was taken, or from the date of the test or from the date on which the movement took place (as the case may be);
g
produce any such record to an inspector or officer of the appropriate Minister on demand being made by such person at any reasonable time during that period and allow a copy of it or an extract from it to be taken.
Prohibition on vaccination
12
No person shall vaccinate any poultry with any vaccine which is likely to affect the result of any test carried out under this Order on any sample taken from the poultry, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued.
Exemption
13
1
The appropriate Minister may, if he thinks it expedient to do so, issue a certificate exempting a person from any of the requirements of article 6, 7 or 8.
2
A certificate issued under paragraph (1) above may be issued subject to such conditions as the appropriate Minister may think fit for preventing the spread of salmonella.
Inspections of premises
14
The Minister may, before the appropriate Minister enters the name of any person in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises or before the appropriate Minister renews the registration of a person in either of those registers in respect of any premises, carry out such inspections, examinations and tests as he considers necessary for the purpose of ascertaining whether any of the grounds referred to in this Order exist for the appropriate Minister to refuse to enter the name of a person in either of those registers or to refuse to renew any such registration.
Public inspection of registers
15
The appropriate Minister shall make available for inspection at any reasonable time the names of persons who are for the time being entered in the Breeding Flocks Register or the Hatcheries Register and the addresses of the premises in respect of which they are so registered.
Powers of Ministry inspectors in cases of default
16
If any person fails to take any action required to be taken by him under any of the provisions of this Order, an inspector of the Minister may, without prejudice to any proceedings arising out of such default, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the appropriate Minister as a civil debt from the person in default.
Offences
17
Any person who, without lawful authority or excuse, proof of which shall lie on him,–
a
contravenes or fails to comply with any provision of this Order or with any provision of a licence or certificate issued under this Order; or
b
fails to comply with any condition of any such licence or certificate,
commits an offence against the Act.
Local authority to enforce Order
18
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1989.
John Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
18th October 1989
Peter Walker
Secretary of State for Wales
18th October 1989


text:
1
This Order may be cited as the Rent Officers (Additional Functions) (Amendment) Order 1989 and shall come into force on 5th September 1989.
2
The Rent Officers (Additional Functions) Order 1989 is amended as follows –
1
in article 2(1), after “requires–” insert –
“child” means a person under the age of 16;
;
2
in paragraphs 1(1) and (2) and 2(2) of Schedule 1 after “determination is made” insert “(or, if earlier, the tenancy ends)”;
3
in paragraph 2(1) of Schedule 1 after “occupiers” insert “at the time the application for the determination is made (or, if earlier, the tenancy ends)”;
4
at the end of paragraph 3(2) of Schedule 1 insert “but not the provision of meals (including the preparation of meals or provision of unprepared food)”;
5
in paragraph 1 of Schedule 2 –
a
after “at the time of the determination” insert “or, if earlier, of the end of the tenancy”, and
b
for “(and that determination” in sub-paragraph (c) substitute “or, if earlier, when that tenancy ended (and the earlier determination”; and
6
for paragraph 1(b) of Schedule 3 substitute “(b) a person who is not a child,”
Chris Patten
Secretary of State for the Environment
2nd August 1989
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary
4th August 1989 of State, Welsh Office


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 and shall come into force on 21st July 1989.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988; and
“list” means a local rating list compiled under section 41 of the Act.
Information in local rating lists
2
In respect of each hereditament shown in a list the list shall contain the following information:–
a
a description of the hereditament;
b
its address; and
c
any reference number ascribed to it by the valuation officer.
3
In respect of any alteration directed to be made by a tribunal, the list shall state whether the direction was given by a valuation and community charge tribunal or the Lands Tribunal.
4
A list shall show on any day in which it is in force the total of rateable values shown in the list in accordance with section 42(4) of the Act.
Valuation of mines and quarries
5
1
This regulation applies to any hereditament–
a
which consists of or includes a mine or quarry; or
b
the whole or part of which is occupied together with a mine or quarry in connection with the storage or removal of its minerals or its refuse.
2
In arriving, under paragraph 2(1) of Schedule 6 to the Act, at an amount of estimated rent in relation to such part of any hereditament to which these Regulations apply as consists of land occupied for the purpose of the winning and working, grading, washing, grinding and crushing of minerals, no account shall be taken of sums payable in respect of the extraction of minerals from such land in so far as such sums are attributable to the capital value of minerals extracted; and in applying the provisions of sub-paragraphs (1) to (7) of that paragraph in relation to such a hereditament, it shall be assumed that the proportion of such sums attributable to the capital value of such minerals is 50 per cent.
3
In this regulation “land” does not include buildings, structures, roads, shafts, adits or other works; and unless the context otherwise requires, expressions used in this regulation and in regulation 6 which are also used in the Mines and Quarries Act 1954 have the same meanings as in that Act.
Cross-boundary property
6
1
This regulation applies to any unit of property (“relevant property”) which by virtue of section 64(1) of the Act comprises separate hereditaments solely by reason of being divided by a boundary between charging authorities.
2
Relevant property shall be treated as one hereditament and, subject to paragraphs (3) and (4), as situated throughout any relevant period in the area of the charging authority in whose area is situated that part of the property which would but for this regulation be the hereditament appearing to the relevant valuation officer or officers to have, on the relevant day, the greater or (as the case may be) the greatest rateable value.
3
Relevant property which on the relevant day includes any land falling to be valued as provided in regulation 5(2) shall be treated as situated throughout any relevant period in the area of the charging authority in whose area is situated the part of the property (disregarding any land which falls to be so valued) which would but for this regulation be the hereditament appearing to the relevant valuation officer or officers to have, on the relevant day, the greater or (as the case may be) the greatest rateable value.
4
Relevant property which on the relevant day consists exclusively of land falling to be valued as provided in regulation 5(2) shall be treated throughout any relevant period as situated in the area of the charging authority determined by lot by the relevant valuation officer or officers.
5
Where for the purposes of paragraph (2) or (3) the rateable values of the parts of the relevant property appear to the relevant valuation officer or officers to be equal, or where there is more than one relevant valuation officer and those officers do not agree as to which value is greater or the greatest, the charging authority in whose area the hereditament is to be treated as situated shall be determined by lot by that officer or officers.
6
In this regulation–
“relevant day” means a day on which a local rating list must be compiled or, where the hereditament referred to in paragraph (2) would first fall to be shown in such a list for any day later than the day on which such a list must be compiled, the day on which it would first so fall to be shown;
“relevant period” means the period beginning with the relevant day and ending when a new local rating list is compiled; and
“relevant valuation officer” means the valuation officer for a charging authority within whose area any part of the relevant property is situated.
Nicholas Ridley
Secretary of State for the Environment
26th June 1989
Peter Walker
Secretary of State for Wales
26th June 1989


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1989 and shall come into force on 11th January 1990.
Preliminary
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to suspension, brakes, brake and steering connections, locking of nuts and steering
3
Regulations 7 and 9 to 12 shall be omitted.
Amendments relating to steps
4
1
Regulation 20 shall be re-numbered as paragraph (1) of that Regulation and after that provision as so re-numbered there shall be added the following paragraphs —
2
Paragraph(1)(a) shall not apply to an entrance provided with a lifting platform or a ramp for the benefit of disabled passengers if —
a
another entrance is provided in the vehicle and in relation to such other entrance the requirements specified in paragraph (1)(a) are met, and
b
that other entrance is placed —
i
in the case of any vehicle, on the near side, or
ii
in the case of such a vehicle as is mentioned in the proviso to Regulation 21(4), on the rear face of the vehicle.
3
Paragraph (1)(a) shall not apply to an exit provided with a lifting platform or a ramp for the benefit of disabled passengers if —
a
another exit is provided in the vehicle and in relation to such other exit the requirements specified in paragraph (1)(a) are met, and
b
that other exit is placed —
i
in the case of any vehicle, on the near side, or
ii
in the case of such a vehicle as is mentioned in the proviso to Regulation 21(4), on the rear face of the vehicle.
.
2
In regulation 21(4) for “Regulation 20(a)” there shall be substituted “Regulation 20(1)(a)” and in paragraph 7 of Schedule 2 for “Regulation 20” there shall be substituted “Regulation 20(1)”.
Amendments relating to entrances
5
In paragraph (9) of regulation 21, after paragraph (c) and before the proviso there shall be inserted the words “and one or more entrances may be provided on the rear face of the vehicle if each of those entrances is provided with a lifting platform or ramp for the benefit of disabled passengers;”.
Amendments relating to doors
6
1
In regulation 23, after paragraph (1) there shall be inserted the following paragraph —
1A
Schedule 3A shall have effect for the purpose of supplementing paragraph (1) in relation to power-operated doors fitted to certain vehicles.
.
2
The Schedule set out in the Schedule to these Regulations shall be inserted after Schedule 3.
Amendments relating to seats
7
At the end of regulation 28 there shall be added the following paragraphs —
3
Paragraph (1)(b) above shall not apply to a wheelchair carried in a vehicle.
4
Where a table is fitted to the rear of a seat and is so constructed that it can be folded back or otherwise put out of use, distances shall be measured for the purposes of paragraph (1)(d) with the table so folded or put out of use.
.
Amendments relating to fire extinguishers
8
1
In regulation 35, for paragraph (1) there shall be substituted the following paragraph —
1
There shall be carried by every vehicle suitable and efficient apparatus for extinguishing fire which is of one or more of the types specified in Schedule 4.
.
2
For Schedule 4 there shall be substituted the following Schedule —
SCHEDULE 4
FIRE EXTINGUISHING APPARATUS
(See Regulation 35)
A fire extinguisher which complies in all respects with the specification for portable fire extinguishers issued by the British Standards Institution numbered BS 5423: 1977 or BS 5423: 1980 or BS 5423: 1987 and which —
a
has a minimum test rating of 8A or 21B, and
b
contains water or foam or contains, and is marked to indicate that it contains, halon 1211 or halon 1301.
.


text:
1
The Liverpool–Leeds–Hull Trunk Road (Howden Bypass) Order 1938 is hereby revoked.
2
This Order shall come into force on 19th May 1989 and may be cited as the Liverpool–Leeds–Hull Trunk Road (Howden Bypass) (Revocation) Order 1989.
Signed by authority of the Secretary of State
J F Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
17th April 1989


text:
1
These Regulations may be cited as the Civil Aviation Authority (Amendment) Regulations 1989 and shall come into force on 1st November 1989.
2
The Civil Aviation Authority Regulations 1983 , shall be amended as follows:
1
Regulation 3(1) shall be amended:
a
by substituting for the definition of “hearing”–
“hearing” or “preliminary hearing” means a hearing or preliminary hearing at which oral evidence or argument may be heard and “to hear” shall be construed accordingly;
;
b
by substituting for the definition of ““party” in relation to a case before the Authority”–
“party” in relation to a case before the Authority has, for the purposes of Part II of these Regulations, the meaning assigned to it by regulation 9D(2) and for the purposes of Part III of these Regulations the meaning assigned to it by regulation 19(2);
;
c
by adding the following definitions at the appropriate places in alphabetical order–
“ordinary aerodrome licence” means an aerodrome licence granted under an Air Navigation Order which does not include a public use condition;
“public use condition” means a condition included in an aerodrome licence granted under an Air Navigation Order that the aerodrome shall at all times when it is available for the take off or landing of aircraft be so available to all persons on equal terms and conditions;
“public use aerodrome licence” means an aerodrome licence granted under an Air Navigation Order which includes a public use condition;
“statement of policies” means the publication of the Authority referred to in section 69 of the Act;
“statutory duties” means the duties of the Authority set out in sections 4 and 68 of the Act;
“to substitute an ordinary aerodrome licence for a public use aerodrome licence” means to vary a public use aerodrome licence by removing the public use condition and “to substitute a public use aerodrome licence for an ordinary aerodrome licence” means to vary an ordinary aerodrome licence by adding a public use condition;
;
2
in regulation 3(3) the words “working days” shall be inserted after “days” and in regulation 3(4) the words “or working days” shall be inserted after “hours”;
3
for regulation 4(1) there shall be substituted–
Anything required to be served on any person under these Regulations or under section 66(4) or 84(1) of the Act shall be set out in a notice in writing which may be served either:
a
by delivering it to that person;
b
by leaving it at his proper address;
c
by sending it by post to him at that address; or
d
by sending it to him at that address by telex or other similar means which produce a document containing a text of the communication in which event the document shall be regarded as served when it is received,
and where the person is a body corporate the document may be served upon the secretary of that body.
;
4
In regulation 6(3) and 6(4) for “Subject to paragraphs (8) and (9) of this regulation” there shall be substituted “Subject to paragraphs (8), (9) and (10) of this regulation” and at the end of regulation 6 there shall be added–
10
Nothing in paragraph (3) or (4) of this regulation shall apply where the Authority–
a
refuses an application by the holder of an aerodrome licence for the substitution of an ordinary aerodrome licence for a public use aerodrome licence; or
b
proposes, otherwise than on the application of the licence holder, to substitute a public use aerodrome licence for an ordinary aerodrome licence.
;
5
after regulation 9 there shall be added–
Substitution of a public use aerodrome licence for an ordinary aerodrome licence or of an ordinary aerodrome licence for a public use aerodrome licence
9A
1
The Authority shall refuse to consider an application for the substitution of an ordinary aerodrome licence for a public use aerodrome licence unless:–
a
the application is made by the holder of the licence;
b
it contains a statement of the grounds on which the application is made; and
c
the application is accompanied by any applicable charge under section 11 of the Act.
2
The Authority shall refuse to consider an application for the substitution of a public use aerodrome licence for an ordinary aerodrome licence unless:
a
it is made by–
i
the holder of the licence;
ii
any other holder of an aerodrome licence granted under an Air Navigation Order;
iii
the holder of any air operator’s certificate granted under an Air Navigation Order;
iv
the holder of any air transport licence granted under the Act; or
v
the operator of any aircraft who satisfies the Authority that an aircraft operated by him has, within 12 months of the date on which the application is made, been granted or refused permission to land at or take off from the aerodrome to which the licence relates;
b
it contains a statement of the grounds on which the application is made;
c
the application is accompanied by any applicable charge under section 11 of the Act, and
d
if made by someone other than the holder of the ordinary aerodrome licence, a copy of the application has been served on the holder within 24 hours after it has been served on the Authority.
3
The Authority shall as soon as may be after an application has been served upon it in accordance with this regulation publish such particulars of the application as it thinks necessary for indicating the substance of the application and shall make a copy of the application available at its head office for inspection by any person at any reasonable time:
Provided that nothing herein shall require the Authority to publish an application for the substitution of a public use aerodrome licence for an ordinary aerodrome licence which is made by the holder of the licence.
4
If the Authority proposes to substitute a public use aerodrome licence for an ordinary aerodrome licence it shall serve on the holder of that licence particulars of the proposal and of the reasons for it and shall publish those particulars and reasons.
9B
Any person may serve on the Authority an objection to or representation about an application or proposal published pursuant to regulation 9A if–
a
he does so within 21 days of the date of publication;
b
he serves a copy of his objection or representation on the applicant and on the holder of the aerodrome licence to which the application or proposal relates within 24 hours after it has been served on the Authority; and
c
he states the grounds of his objection or representation.
9C
Before the date fixed for the hearing of a case pursuant to regulation 9D, the Authority shall serve on any person who has the right to be heard in connection with the case or whom the Authority proposes to hear a copy of, or a summary of, any information in the possession of the Authority which has been provided in connection with the case or which the Authority has reason to believe will be referred to at the hearing of the case:Provided that before serving such information which has been provided by any other person (not being a person who has provided information in connection with the case but does not wish to be heard), the Authority shall consult that person and shall not serve any information which in its opinion relates to the commercial or financial affairs of the person who has provided it and cannot be disclosed to the prospective recipient without disadvantage to the person who has provided it which, by comparison with the advantage to the public and the prospective recipient of disclosure to him, is unwarranted.
9D
1
Before any decision is made on an application or proposal published pursuant to regulation 9A the following persons shall have a right to be heard:
a
the applicant;
b
the holder of any air transport licence granted under the Act;
c
the holder of any air operator’s certificate granted under an Air Navigation Order;
d
the holder of any aerodrome licence granted under an Air Navigation Order;
e
such persons (being persons who wish to be heard and who have served objections or representations pursuant to regulation 9B expressing the views of operators of aircraft described in regulations 9A(2)(a)(v)) as appear to the Authority to be representative of those who have served such objections or representations:
Provided that no person (other than the applicant and the holder of the licence to which the decision will relate) shall have a right to be heard unless he has served an objection or representation pursuant to regulation 9B and in so doing has stated that he wishes to be heard.
2
Any person who has a right to be heard in connection with any case pursuant to paragraph (1) of this regulation shall, for the purposes of these Regulations, be deemed to be a party to that case.
3
Notwithstanding that a person does not have a right to be heard, the Authority may, if it thinks fit, hear him:
Provided that no person shall be heard pursuant to this paragraph unless he has served an objection or representation pursuant to regulation 9B.
4
No hearing shall be held pursuant to this regulation unless the Authority has served on all persons having a right to be heard and whom it proposes to hear in connection with the case 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the application or proposal to which it relates. A similar notice shall be published not less than 7 days before the date of the hearing, and shall be exhibited in a public place for a like period.
9E
1
The function of making a decision on an application or proposal published pursuant to regulation 9A is hereby prescribed for the purposes of section 7(1) of the Act, and for the purpose of making such a decision and of conducting a hearing pursuant to regulation 9D a quorum of the Authority shall be two members, unless the persons having the right to be heard in connection with the case have so consented, in which case the quorum shall be one member.
2
Hearings shall be conducted by the Authority, sitting with such employees of the Authority as it thinks fit.
3
At a hearing every party to the case may appear in person or be represented by any other person whom he may have authorised to represent him and may produce oral and written evidence and may examine any other party to the case, any person whom the Authority hears pursuant to regulation 9D(3) and any witnesses produced by any such party or person. The Authority may, to such extent as it thinks fit, permit any person heard by it pursuant to regulation 9D(3) to exercise at the hearing the rights set out in this paragraph of a party to the case.
4
Any person who has served an objection or representation pursuant to regulation 9B but who does not wish to be heard, may make a written submission which he shall serve on the Authority not less than 72 hours before the date fixed for the hearing of the case.
5
Every hearing shall be held in public unless the Authority shall otherwise decide in relation to the whole or part of a particular case, but nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.
6
The failure of the Authority or of any person to give notice or publish any particulars in the time or manner provided for in these Regulations or any other procedural irregularity shall not invalidate the action taken by the Authority; and the Authority may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its decision to cure the irregularity, whether by the giving of notice or otherwise.
7
All the proceedings at a hearing of the Authority in connection with the case shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the Authority shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price:
Provided that–
the Authority shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its decision of the case; and
a mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by any party to the case or by any other person heard by the Authority at those proceedings.
8
The Authority shall furnish a statement of its reasons for the decision to the parties to the case and to any person whom it had heard in connection with the case:
Provided that no statement of reasons need be furnished when an application is granted on the application of the holder of the licence to which the decision relates and no objections or representations have been served pursuant to regulation 9B.
9
The Authority may exclude from its statement of reasons furnished to any person (hereinafter referred to as “the relevant person”) any matter if it considers it necessary to do so for the purpose of withholding from the relevant person information which in the opinion of the Authority relates to the commercial or financial affairs of another person and cannot be disclosed to the relevant person without disadvantage to the other person which, by comparison with the advantage to the public and the relevant person of disclosure to him, is unwarranted.
10
The Authority may publish in such manner as it thinks fit particulars of, and its reasons for, any decision taken by it with respect to an application published pursuant to regulation 9A.
;
6
in regulation 10(1) after “vary” in sub-paragraphs (a) and (b) there shall in each case be inserted “otherwise than provisionally” and after sub-paragraph (c) there shall be inserted–
d
hold or refuse to hold a preliminary hearing; or
e
provisionally vary a licence where representations have been served pursuant to regulation 18A(2),
;
7
in regulation 10(2) after “referred to in paragraph (1)” there shall be inserted “(a) to (c)”;
8
after regulation 10(2) there shall be inserted the following–
2A
For the purpose of making such a decision as is referred to in paragraph (1)(d) or (e) of this regulation and of conducting a preliminary hearing pursuant to regulation 18A a quorum of the Authority shall be one member.
;
9
at the beginning of regulation 11(1)(a) there shall be inserted “subject to regulation 18A”;
10
after regulation 11(3) there shall be inserted the following–
3A
If within 12 months of the date on which objections to and representations about an application for the grant, variation, suspension or revocation of an air transport licence must have been served on the Authority pursuant to regulation 15, the Authority has neither made a decision on the application nor given notice pursuant to regulation 19(4) of the date, time and place of the hearing of such application, it shall as soon as may be republish such particulars of the application as it thinks necessary for indicating the substance of the application and shall republish such particulars at 12 monthly intervals thereafter until such time as a decision has been made on the application or notice has been given as aforesaid pursuant to regulation 19(4).
;
11
in regulation 15(1) after “grant, revocation or variation” there shall be inserted “(other than the provisional variation)”;
12
after regulation 15(4) there shall be inserted the following–
5
References in this regulation to publication include references to republication pursuant to regulation 11(3A), but when an application is republished, nothing in this regulation shall require a person who has served an objection to or representation about the application when it was previously published to re-serve that objection or representation.
;
13
After regulation 18 there shall be inserted the following–
Preliminary hearings of allegations of behaviour damaging to a competitor
18A
1
This regulation applies where the holder of any air transport licence (hereinafter in this regulation referred to as “the applicant”)–
a
has applied to the Authority for the variation of an air transport licence held by another person (hereinafter in this regulation referred to as “the respondent”) for the purpose of restraining the respondent from engaging in behaviour damaging to the applicant’s business;
b
has included in his application a statement giving particulars of the behaviour complained of and of the extent to which the applicant’s business is being or is likely to be damaged thereby;
c
has asked for a preliminary hearing of the application with a view to the respondent’s air transport licence being provisionally varied pending a hearing pursuant to regulation 19, and
d
has served a copy of his application on the respondent on the same day as he has served it on the Authority.
2
The respondent shall, within 5 working days of the date of service of the application, serve on the Authority and on the applicant any representations he may wish the Authority to take into account in determining whether to hold a preliminary hearing.
3
The Authority shall within 10 working days of the date of service of the application notify the applicant, the respondent and any person it is obliged by regulation 16 to consult in respect of the application of the date (which shall be within 20 working days of the date of service of the application) time and place of the preliminary hearing or of the fact that it has decided not to hold a preliminary hearing.
4
Notice of the date, time and place of a preliminary hearing shall be of such length as is reasonably practicable and shall be given by such means (whether oral or written) as the Authority thinks fit.
5
The Authority shall hold a preliminary hearing only if, having considered the terms of the application and of any representations served on it pursuant to paragraph (2) of this regulation, it is of the opinion that–
a
there is prima facie evidence that the behaviour complained of by the applicant is being engaged in by the respondent and that behaviour has or is likely to have the effect of seriously damaging the business of the applicant, and
b
having regard to its statutory duties, its statement of policies and to the urgency of the matter such a hearing is warranted.
6
The applicant and the respondent shall have a right to be heard at a preliminary hearing and the Authority may hear such other persons as it thinks fit.
7
Regulations 16, 17, 20(1), (4), (6) and (7) shall apply in relation to a preliminary hearing as they apply in relation to a hearing pursuant to regulation 19.
8
At a preliminary hearing the applicant and the respondent shall have the same rights as a party to a case in a hearing pursuant to regulation 19 and the Authority may, to such extent as it thinks fit, permit any other person whom it decides to hear to exercise the same rights.
9
Where any person whom the Authority is obliged by regulation 16 to consult in respect of the application attends the preliminary hearing the Authority shall give him opportunity at the preliminary hearing to make observations on the evidence and arguments advanced by the applicant and the respondent and by any other person whom the Authority has decided to hear: and where any such observations are made the Authority shall give the applicant, the respondent and any other person it has decided to hear opportunity at the preliminary hearing to respond to them.
10
Within 5 working days of the end of the preliminary hearing the Authority shall notify the applicant and the respondent and any person it is obliged by regulation 16 to consult in respect of the application–
a
whether or not it has decided provisionally to vary the respondent’s licence;
b
if so, the terms of the provisional variation, and
c
the date, time and place of the hearing to be held pursuant to regulation 19,
and shall furnish its reasons for the decision, as required by section 67(2) of the Act within 10 working days of the end of the preliminary hearing.
11
The only decision which may be taken by the Authority after a preliminary hearing is a decision provisionally to vary or to refuse provisionally to vary the respondent’s air transport licence: and if the Authority provisionally varies the respondent’s licence it shall in so doing provide that the provisional variation will cease to have effect when the decision reached by the Authority following a hearing pursuant to regulation 19 takes effect.
;
14
In regulation 19(1) after “suspend or vary” there shall be inserted “(other than provisionally)”;
15
After regulation 21 there shall be inserted the following–
Appeals from decisions after preliminary hearings of allegations of behaviour damaging to a competitor
21A
1
Regulation 21 shall apply in relation to appeals from decisions of the Authority after preliminary hearings of allegations of behaviour damaging to a competitor as it applies in relation to any other case but with the modifications herein set out.
2
Those modifications are–
a
in paragraph (1) the reference to every party shall be taken as a reference to the applicant and the respondent;
b
in paragraph (3) the reference in sub-paragraph (c) to each of the parties shall be taken as a reference to the applicant or respondent, as the case may be, and the reference in sub-paragraph (d) to regulation 19(3) shall be taken as a reference to regulation 18A(6);
c
in paragraph (4) the first reference to 21 days shall be taken as a reference to 5 working days and the reference to the decision date shall be taken as a reference to the date upon which the Authority furnished its reasons for its decision; and all the subsequent words in that paragraph (which relate to a request for a transcript and a time from the transcript date) shall be deleted;
d
in paragraph (6) the reference to 14 days shall be taken as a reference to 5 working days;
e
in paragraph (7) the reference to 28 days shall be taken as a reference to 8 working days;
f
in paragraph (8) for “Within 14 days of the expiry of the period of 28 days” there shall be substituted “Within 4 working days of the expiry of the period of 8 working days.”
;
16
After regulation 22(2) there shall be inserted the following–
2A
Where the Secretary of State directs the Authority to re-hear a case he shall at the same time notify the Authority and persons referred to in paragraph (2) of this regulation whether the Authority’s decision is to have effect pending the further decision of the Authority.
.
Signed by authority of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
5th October 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The 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
The length of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Lancashire that the new trunk road is open for through traffic.
5
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA 10/1 CNW242 marked “The A59 Samlesbury-Skipton Trunk Road (Improvement from West of Yarlside Lane (B6251) to East of Monk Bridge) 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 Samlesbury-Skipton Trunk Road (A59).
6
This Order shall come into force on 14th April 1989 and may be cited as the A59 Samlesbury-Skipton Trunk Road (Improvement from West of Yarlside Lane (B6251) to East of Monk Bridge) Order 1989.
F Kendall
Regional Director
Signed by authority of the Secretary of State North West Region Department of Transport
21st February 1989


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Fifth Amendment) Order 1989 and shall come into force on 31st August 1989.
Amendment of the Air Navigation Order 1985
2
The following new article shall be inserted immediately after article 83 of the Air Navigation Order 1985 –
Filing and approval of tariffs
83A
1
Where a permission granted under article 83(1) of this Order contains a tariff provision, the operator or charterer of the aircraft concerned shall file with the Authority the tariff which it proposes to apply on flights to which the said permission relates and the Authority shall consider the proposed tariff and may, if it thinks fit, approve or disapprove it.
2
For the purposes of this article, “tariff provision” means a condition as to any of the following matters–
a
the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 83(1) of this Order relates;
b
any additional goods, services or other benefits to be provided in connection with such carriage;
c
the prices, if any, to be charged for any such additional goods, services or benefits; and
d
the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo;
and includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.
3
The Authority shall act on behalf of the Crown in performing the functions conferred on it by this article.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Public Telecommunication System Designation (East Lancashire Cablevision Limited) Order 1989 and shall come into force on 28th July 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Robert Atkins
Parliamentary under Secretary of State
Department of Trade and Industry
28th June 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The 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 relevant route is opened for the purpose of through traffic.
4
The length of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Devon that the new trunk road is open for through traffic.
5
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan”
means the plan contained in the plan folio numbered HA 10/2 SWM53 marked “The Taunton–Fraddon Trunk Road A39 (Fairy Cross to Horns Cross 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 Taunton–Fraddon Trunk Road (A39).
6
This Order shall come into force on 9th March 1989 and may be cited as the Taunton–Fraddon Trunk Road A39 (Fairy Cross to Horns Cross Improvement) Order 1989.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
16th February 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Water Authority (Cuxton Boreholes) Order 1989 and shall come into force on the 22nd April 1989.
2
This Order and the Southern Water Authority Acts and Orders 1975 to 1988 may be cited together as the Southern Water Authority Acts and Orders 1975 to 1989.
3
In this Order —
“the Authority” means the Southern Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Southern Water Authority (Cuxton Boreholes) Order 1989”, one duplicate of which is deposited and available for inspection at the offices of the Chief Solicitor to the Authority and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
1
The Authority may, on or under the land described in Schedule 1 to this Order —
a
construct, continue and maintain two boreholes in the locations marked on the deposited plan;
b
construct, continue and maintain (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of those boreholes.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
3
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
21st April 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Superannuation and Compensation) (Amendment) Regulations 1989, and shall come into force on 1st April 1989, but regulation 8 shall have effect from 1st July 1988.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Pensionable employment
2
Regulation B1 of the principal Regulations is amended by inserting after paragraph (6) the following:
6A
A whole-time employee of–
a
the governing body of a grant-maintained school, which immediately before becoming such a school was a voluntary school, or
b
a designated institution which immediately before designation was assisted by a local education authority,
is a pensionable employee if the local education authority had, before the school became a grant maintained school or the institution was designated, with the general or specific consent of the employer, by a statutory resolution specified the employee as a pensionable employee or specified a class of employee to which the employee belongs as pensionable employees.
.
Appropriate superannuation fund
3
Regulation C1 of the principal Regulations is amended by inserting after paragraph (5) the following:
5A
In relation to a pensionable employee of the governing body of a grant-maintained school, a higher education corporation or a designated institution the appropriate superannuation fund is–
a
in the case of a school, corporation or institution formerly assisted by the Inner London Education Authority, the fund maintained by the London Residuary Body,
b
in the case of a school, corporation or institution the whole or greater part of which is situated in a metropolitan county, the fund maintained by the relevant authority specified in paragraphs (7A) and (7B) in relation to the county in which the whole or greater part of the school, corporation or institution is situated,
c
in any other case, the fund maintained by the administering authority within whose area the whole or greater part of the school, corporation or institution is situated.
.
Interest on late payment of certain benefits
4
The principal Regulations are amended by inserting in Part E after regulation E32 the following:
E33
1
Where all or part of–
a
a retiring allowance,
b
an ill-health retirement grant payable under regulation E4, or
c
a death grant,
is not paid within one month after the due date, the appropriate administering authority shall pay to the person to whom the allowance or grant is payable interest, calculated at the standard rate on a day to day basis from the due date to the date of payment, and compounded with 3 monthly rests, on the amount remaining unpaid.
2
For the purposes of this regulation the due date is–
a
in the case of a retiring allowance which becomes payable by virtue of a notice in writing under regulation E2(6) or (7)(a) given on or after the date on which the allowance by virtue of that notice became payable, the date one month after that notice was given,
b
in the case of a part of a retiring allowance which becomes payable by virtue of payments or contributions (other than an increase in contributions made following a decision under regulations N1 or N8) made after the date on which the remainder of the allowance became payable, the date one month after that increase in contributions was paid,
c
in the case of a retiring allowance or part of a retiring allowance which becomes payable by virtue of contributions made following a decision under regulations N1 or N8, the date on which that allowance or part of an allowance would have become payable had those contributions been made at the first opportunity which these regulations would otherwise have provided,
d
in all other cases in which a retiring allowance or part of a retiring allowance becomes payable, the date on which that allowance or part an allowance becomes payable,
e
in the case of an ill-heath retirement grant which becomes payable, the day after the person who is entitled to the ill-health retirement grant ceased to hold his employment,
f
in the case of a death grant, the date on which–
i
probate or letters of administration are produced to the administering authority, or
ii
the authority become satisfied that the grant may be paid as provided in regulation R4.
.
Valuation of superannuation fund
5
1
Regulation P5 of the principal Regulations is amended–
a
in paragraph (1) by substituting for the word “fifth” the word “third”; and
b
in paragraph (2) by substituting for the words “21 months” the words “12 months”.
2
Regulation P6 of the principal Regulations is amended–
a
in paragraph (l) by substituting for the words after “any individual adjustments”, the words “for each year of the period of 3 years beginning with 1st April in the year following.”; and
b
by deleting paragraph (5).
3
Regulation P7 of the principal Regulations is amended in paragraph (1) by substituting for the words “5 years” the words “3 years”.
Expressions defined in principal Regulations
6
Schedule 1 to the principal Regulations is amended–
a
by inserting after the entry relating to the expression “Designated employee” the following:
“Designated institution” An institution designated under section 129 of the Education Reform Act 1988 .
;
b
by inserting after the entry relating to the expression “The former regulations” the following:
“Grant-maintained school” A school which the Secretary of State has a duty to maintain under section 52 of the Education Reform Act 1988.
; and
c
by inserting after the entry relating to the expression “Guaranteed minimum” the following:
“Higher education corporation” An institution incorporated under section 121 or 122 of the Education Reform Act 1988.
.
Pensionable employees
7
Part I of Schedule 2 to the principal Regulations is amended in column (1) by inserting after the item relating to the Board of Trustees of the National Museums and Galleries on Merseyside the following:
The Broads Authority.
The governing body of a grant-maintained school which immediately before becoming such a school was a county school.
A higher education corporation.
.
Fund apportionment where 100 or more transfer their pension rights under regulation J14
8
Schedule 18 of the principal Regulations is amended–
a
by the insertion at the beginning of paragraph 11 of the words “Subject to paragraph (11A)”; and
b
by the insertion after paragraph (11) of the following:
11A
Where the persons transferring their pension rights were, immediately before the transfer date, pensionable employees of a water authority, the value of the share of the fund to which the scheme managers of the approved non-local government scheme are entitled shall be the amount of:
i
the value at the relevant date of the actual and potential liabilities of the fund accrued at the relevant date in connection with any service or employment before the relevant date which relates to the persons transferring their pension rights on that date to the approved non-local government scheme, and
ii
the cost of increasing under the Pensions (Increase) Act 1971 the pension rights of the persons transferring their pension rights,
as determined on the basis of actuarial assumptions specified by the Secretary of State.
.
Compensation for Premature Retirement
9
Part I of Schedule 1 to the Local Government (Compensation for Premature Retirement) Regulations 1982 is amended by inserting after paragraph (k) the following:
1
the Broads Authority
.
Nicholas Ridley
Secretary of State for the Environment
8th March 1989


text:
1
This Order may be cited as the Submarine Pipe-lines (Designated Owners) (No. 20) Order 1989 and shall come into force on 11th September 1989.
2
For the purposes of Part III of the Act, Texaco North Sea UK Company, whose principal place of business in the United Kingdom is situated at 1 Knightsbridge Green, London SW1X 7QJ, is hereby designated as the owner of the pipe-line described in the Schedule hereto.
Peter Morrison
Minister of State
Department of Energy
16th August 1989


text:
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1989 and shall come into force on 28th June 1989.
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985:
a
HMC Group PLC
b
HMC First Home National PLC
c
Household Mortgage Bridging Limited
d
Household Mortgage Corporation PLC
e
London and Manchester (Mortgages) ( No. 3) Limited
f
London and Manchester (Mortgages) (No. 4) Limited
g
Mortgage Express Limited
h
Wesleyan Home Loans Limited.
Nicholas Ridley
Secretary of State for the Environment
30th May 1989
Peter Walker
Secretary of State for Wales
1st June 1989
We consent,
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefit (Computation of Earnings) Amendment Regulations 1989 and shall come into force on 10th December 1989.
2
In these Regulations, “the Computation of Earnings Regulations ” means the Social Security Benefit (Computation of Earnings) Regulations 1978 .
Amendment of regulation 3 of the Computation of Earnings Regulations
2
1
Regulation 3 of the Computation of Earnings Regulations (payments to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3)–
a
for the words “For the purposes of regulation 7(1)(g)(i)” there shall be substituted the words “For the purposes of regulation 7(1)(g)(i) and 7(1)(o) ”, and
b
after the words “if earnings for that day exceed £2”, (and within the bracket) there shall be added the words “or if it falls in a week in which total earnings equal or exceed the lower earnings limit”.
3
After paragraph (4) there shall be added the following paragraphs–
5
For the purposes of regulation 7(1)(o) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (days not to be treated as days of unemployment or incapacity for work), earnings shall not be taken into account where they are paid in respect of a day which falls–
a
before the day in respect of which a claim for unemployment benefit is made; and none of the six days preceding the first day of the period specified in head (i) of that regulation is a day of unemployment; or
b
after the day in respect of which a claim is made; and all the six days preceding the day in respect of which the claim is made are days of unemployment.
6
In paragraph (5) above–
a
“a day of unemployment” shall be construed in accordance with section 17 of the Act; and
b
six days shall be calculated without reference to Sunday or the day substituted for it by regulation 4 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983.
.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
16th November 1989


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 1) Order 1989 and shall come into force on 8th December 1989.
2
1
The sites in respect of which this Order is made are those sites identified in the first column of the Schedule to this Order as sites where in each case a vessel lies, or is supposed to lie, wrecked on or in the sea bed.
2
The areas identified in the second column of the Schedule to this Order shall be restricted areas for the purposes of the Protection of Wrecks Act 1973.
3
The Protection of Wrecks (Designation No. 1) Order 1981 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
10th November 1989


text:
Citation and commencement
1
This Order may be cited as the Severn Bridge Tolls Order 1989 and shall come into force on 3rd December 1989.
Revocation
2
The Severn Bridge Tolls Order 1985 is hereby revoked.
Interpretation
3
1
In this Order, unless the context otherwise requires–
“ the Act ” means the Severn Bridge Tolls Act 1965;
“Class I” and“Class II ” means respectively the classes of traffic so numbered in Schedule 4 to the Highways Act 1980 ;
“goods vehicle”,“motor vehicle”,“trailer”,“unladen weight” and“wheel” have the meanings respectively given in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
“motor cycle” means a mechanically propelled vehicle having less than four wheels and, in a case where a cabin is provided, the cabin is not constructed so as to enclose the driver and any passenger;
“The Severn Bridge road” means the new road as defined in section 1(4) of the Act;
“the specified carriageways” has the meaning given in section 1(3) of the Act;
“toll” means a toll leviable under the Act.
2
For the purposes of this Order an articulated vehicle (that is to say a motor vehicle with a trailer attached thereto by partial superimposition in such a way as to cause a substantial part of the weight of the trailer to be borne by the motor vehicle) shall be treated as one motor vehicle.
Vehicles in Respect of which Tolls are to be Levied
4
Subject to article 7 below, every motor vehicle of Class I or Class II using the specified carriageways shall be a vehicle in respect of which tolls are to be levied under the Act.
Amount of the Tolls
5
The tolls to be levied for each occasion on which any vehicle in respect of which tolls are to be levied under the Act, whether travelling eastwards or westwards, uses the whole or any part of the specified carriageways shall be:
i
£2.00 where the vehicle is a goods vehicle having an unladen weight exceeding 1.525 tonnes or is a passenger vehicle adapted to carry more than 16 passengers;
ii
£1.00 in any other case.
Power to Compound in Advance for the Payment of Tolls
6
1
Any person may on application to and with the agreement of the Avon County Council as agents for the Secretary of State compound in advance with the said Council for the payment of tolls leviable under this Order.
2
If the said Council make any such agreement they shall issue prepaid vouchers to any person so compounding in books each consisting of 50 vouchers.
3
Payment of tolls under any composition agreement entered into under the preceding provisions of this article shall be made in advance at the following rates:
i
£40.00 for a book of £1.00 vouchers;
ii
£90.00 for a book of £2.00 vouchers.
4
All other terms of any such composition agreement shall be the same for every person in like circumstances.
Vehicles Exempted from Payment of Tolls
7
All vehicles of the descriptions specified in the Schedule to this Order (notwithstanding that they are vehicles such as are mentioned in article 4 above) shall be exempted from the payment of tolls.
Cecil Parkinson
Secretary of State for Transport
18th October 1989


text:
1
This Order may be cited as the A23 Trunk Road (Brighton Road, Croydon) (Prescribed Routes) Order 1989 and shall come into force on 14th August 1989.
2
In this Order:–
“Brighton Road” means that length of the London–Brighton Trunk Road (A23) in the London Borough of Croydon known as Brighton Road;
“the Purley Road island site” means the smaller of the two triangular island sites in Purley Road at its junction with Brighton Road; and
“the Banstead Road island site” means the triangular island site in Banstead Road at its junction with Brighton Road.
3
No person shall cause or permit any vehicle proceeding northeastwards in Brighton Road to turn left into Banstead Road other than by passing to the left of the Banstead Road island site.
4
No person shall cause or permit any vehicle in Purley Road to turn left into Brighton Road other than by passing to the left of the Purley Road island site.
5
No person shall cause or permit any vehicle to make a right turn from Purley Road into Brighton Road.
6
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
10th August 1989