text:
Citation and commencement
1
This Order may be cited as the Merseyside Development Corporation (Vesting of Land) (General) Order 1989 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order–
“the Corporation” means the Merseyside Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister ;
“urban development areas” means the areas designated as urban development areas by the Merseyside Development Corporation (Area and Constitution) Order 1980 and the Liverpool and Wirral Urban Development Area Order 1988 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 9 entitled “Maps referred to in the Merseyside Development Corporation (Vesting of Land) (General) Order 1989”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment, the councils of the city of Liverpool and the borough of Wirral, the Merseyside Residuary Body and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and either stippled or edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in the Schedule hereto and now vested in a body mentioned in the Schedule or in any other local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development areas, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development areas which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
7th June 1989


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1989 and shall come into force on 21st February 1989.
Amendment
2
The Diseases of Animals (Approved Disinfectants) Order 1978 shall be amended as follows–
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the provisions of Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the provisions of Schedule 2 to this Order; and
c
in article 6(2) of that Order (which relates to disinfectants subject to transitional provisions) for the words “30th June 1988” there shall be substituted the words “30th June 1989”.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1988 and the Diseases of Animals (Approved Disinfectants) (Amendment) ( No. 2) Order 1988 are revoked.
In Witness whereof the Official Seal of the Minster of Agriculture, Fisheries and Food is hereunto affixed on 31st January 1989.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
27th January 1989
Peter Walker
Secretary of State for Wales
26th January 1989


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Guernsey) Order 1989 and shall come into force on 1st December 1989.
2
Sections 297 to 299 of the Copyright, Designs and Patents Act 1988 (fraudulent reception of transmissions) shall extend to the Bailiwick of Guernsey with the exceptions and modifications specified in the Schedule to this Order.
G.I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax) Order 1989 and shall come into force on 1st September 1989.
2
The National Rivers Authority (a body corporate established by section 1 of the Water Act 1989 ) is hereby specified for the purposes of section 20 of the Value Added Tax Act 1983.
David Maclean
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 1989


text:
1
This Order may be cited as the Gipsy Encampments (Borough of Oadby and Wigston) Order 1989 and shall come into force on 6th October 1989.
2
The area of the Borough of Oadby and Wigston is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
C F Patten
Secretary of State for the Environment
7th September 1989


text:
1
1
These Regulations may be cited as the Education (Financial Delegation to Schools) (Mandatory Exceptions) Regulations 1989 and shall come into force on 1st September 1989.
2
In these Regulations–
“ the Act ” means the Education Reform Act 1988;
“aggregated budget” has the meaning assigned to it by section 33(4)(b) of the Act; and
“general schools budget” has the meaning assigned to it by section 33(4)(a) of the Act.
2
1
The expenditure referred to in paragraph (2), so far as taken into account in determining the general schools budget of any local education authority for any financial year, is hereby prescribed for the purposes of section 38(4) of the Act (which provides for the Secretary of State to prescribe expenditure which is to be left out of account in determining a local education authority’s aggregated budget for any financial year).
2
That expenditure is–
a
expenditure falling to be taken into account in determining central government grants of the following descriptions–
i
Education Support Grants paid under section 1 of the Education (Grants and Awards) Act 1984 ;
ii
Local Education Authority Training Grants paid under section 50 of the Education ( No. 2) Act 1986 ;
iii
Grants paid under section 11 of the Local Government Act 1966 ;
iv
Grants for the education of travellers and displaced persons paid under section 210 of the Act;
v
Technical and Vocational Education Initiative grants paid under section 2 of the Employment and Training Act 1973 ;
vi
Urban Programme Grants paid under section 1 of the Local Government Grants (Social Need) Act 1969 ;
vii
in the case of local education authorities in Wales, Bilingual Education Grant paid under section 21 of the Education Act 1980 ; and
b
expenditure falling to be taken into account in determining specific grants from the European Economic Community which support activities in schools.
Angela Rumbold
Minister of State,
Department of Education and Science
31st July 1989
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
2nd August 1989


text:
1
This Order may be cited as the Gipsy Encampments (Metropolitan District of Doncaster) Order 1989 and shall come into force on 27th December 1989.
2
The area of the Metropolitan District of Doncaster is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Chris Patten
Secretary of State for the Environment
27th November 1989


text:
1
This Order may be cited as the Education (Higher Education Corporations) (Designated Staff) Order 1989 and shall come into force on 1st April 1989.
2
Those persons employed by a local education authority to work at an institution named in column 1 of the Schedule to this Order and who are named in column 2 of that Schedule are hereby designated for the purposes of section 127 of the Education Reform Act 1988.


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Amendment) Regulations 1989 and shall come into force on 1st October 1989.
2
1
Part 1 of Schedule 2 to the Motor Vehicles (Type Approval) Regulations 1980 is hereby amended as follows.
2
In column 2 —
a
in item 20, there is added —
or 76/756/ EEC as amended by 80/233/EEC, 82/244/EEC, 83/276/EEC, 84/8/EEC as corrected in O.J. L135, 22.5.1984, p. 27 and 89/278/EEC as corrected in O.J. L114, 27.4.89, p.52 28 March 1989 O.J. L109, 20.4.89, P.38
;
b
in item 23, there is added —
or 76/759/EEC as amended by 89/277/EEC as corrected by corrigenda published in O.J. L114, 27.4.89, p.52 28 March 1989 O.J. L109, 20.4.89, p.25
.
3
After item 40, there is added the following new item —
41 89/297/EEC 13 April 1989 O.J. Ll24, 5.5.89, p.1 Lateral protection (side guards) of certain motor vehicles and their trailers
.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
1st September 1989


text:
1
This Order may be cited as the Education (Cambridgeshire College of Arts and Technology Higher Education Corporation) (Dissolution) Order 1989 and shall come into force on 1st April 1989 immediately after the transfer under sections 126 and 127 of the Act , as they apply in relation to the Corporation by virtue of the 1988 Order , have had effect.
2
In this Order –
“the Act” means the Education Reform Act 1988;
“the Corporation” means Cambridgeshire College of Arts and Technology Higher Education Corporation;
“the 1988 Order” means the Education (Higher Education Corporations) ( No. 4) Order 1988 ; and
“Essex Institute of Higher Education” means Essex Institute of Higher Education Higher Education Corporation.
3
1
The Corporation is hereby dissolved.
2
The property, rights and liabilities of the Corporation, including the property, rights and liabilities transferred to and vested in the Corporation by section 126 of the Act as it applies in relation to the Corporation by virtue of the 1988 Order, are hereby transferred to and shall vest in Essex Institute of Higher Education.
3
In particular any contract of employment which by virtue of section 127(2) of the Act, as it applies in relation to the Corporation by virtue of the 1988 Order, has effect as if originally made between the employee to which it relates and the Corporation shall have effect as if originally made between that employee and Essex Institute of Higher Education.
4
Without prejudice to paragraph (3) above, all the Corporation’s rights, powers, duties and liabilities under or in connection with any contract to which that paragraph applies shall by virtue of that paragraph be transferred to Essex Institute of Higher Education, and anything done before 1st April 1989 which is deemed by virtue of section 127(3)(b) of the Act to have been done by or in relation to the Corporation in respect of such a contract shall be deemed from 1st April 1989 to have been done by or in relation to Essex Institution of Higher Education.
5
Paragraphs (3) and (4) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by those paragraphs.
Kenneth Baker
Secretary of State for Education and Science
9th March 1989


text:
Citation and commencement
1
This Order may be cited as the Redundant Mineworkers and Concessionary Coal (Payments Schemes) (Amendment) Order 1989 and shall come into force on 23rd July 1989.
Amendments of 1978 Order
2
The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1978 shall be further varied in the Schedule as follows —
a
in Article 1 —
i
for the definition of “invalidity pension” shall be substituted the following definition —
“invalidity benefit” means the total amount of invalidity pension under section 15 of the Social Security Act 1975 (including any increases for dependants) and of invalidity allowance under section 16 of that Act;
ii
after the definition of “the Staff Superannuation Scheme” shall be inserted the following definition —
“state retirement pension” means a basic Category A retirement pension under section 28 of the Social Security Act 1975;
;
b
in Article 6, paragraph (2) shall be deleted;
c
in Article 7 —
i
for paragraph (2) shall be substituted the following paragraph —
2
No weekly payment shall be made under Article 8 of this Scheme to any coal industry employee in respect of any day on which he is employed or self-employed unless —
a
he earns £2 or less (before any deductions) on that day; or
b
he is not employed or self-employed for more than 16 hours in the week in question.
;
ii
paragraph (5) shall be deleted;
d
in Article 8 —
i
for paragraph (1) shall be substituted the following paragraphs —
1
Subject to paragraph (4) below, where in any week a coal industry employee eligible for weekly payments under this Scheme is —
a
on any day which is not a day of incapacity for work not entitled to unemployment benefit because he has exhausted his entitlement to that benefit or because the day is not a day of unemployment or for either of the reasons specified in paragraph (2) below; or
b
on any day not entitled to sickness benefit for either of the reasons specified in paragraph (2) below or not entitled to invalidity benefit for either of those reasons or because he has not been entitled to sickness benefit for the required period
the Secretary of State may pay to him for that week such sum as will, together with all the relevant benefits to which he is entitled for the week, equal the total of all the relevant benefits to which he would otherwise have been entitled.
2
The reasons referred to in paragraph (1) above are that the coal industry employee fails to satisfy the contribution conditions for entitlement to the benefit in question or that he is absent from Great Britain.
3
In paragraph (1) above “the relevant benefits” means unemployment benefit, sickness benefit, invalidity benefit, severe disablement allowance and invalid care allowance.
ii
the existing paragraph (2) shall be renumbered (4);
e
after Article 14B shall be inserted the following Articles —
14C
1
Subject to paragraph (3) below, the Secretary of State may pay to a coal industry employee who is eligible for weekly payments under this Scheme in respect of any week of a kind mentioned in paragraph (2) below, and at such time as the Secretary of State considers appropriate, a sum not exceeding that which is required to reimburse the coal industry employee the cost to him of making a Class 3 national insurance contribution.
2
A week is of a kind referred to in paragraph (1) above if it —
a
fell in the period which commenced on 3rd January 1988 and expired on 23rd July 1989; or
b
is a week commencing on or after 23rd July 1989 in which the coal industry employee was entitled to payments under Article 8 of this Scheme
and if in either case it fell in a period in which the coal industry employee had not made or been credited with sufficient national insurance contributions to secure his entitlement to state retirement pension at the rate at which he would have been entitled to receive that pension if he had made or been credited with national insurance contributions for each week falling wholly or partly within the period commencing on 3rd January 1988 and expiring on his attaining the age of 65 or, in the case of a woman, the age of 60.
3
The Secretary of State shall not make a payment under this Article in respect of any week unless he is satisfied that the contribution in question will be, or has been, paid by or on behalf of the coal industry employee.
14D
The Secretary of State may pay to a coal industry employee the total amount by which the weekly payments to which he would otherwise have been entitled under this Scheme in respect of the weeks falling wholly or partly within the period which commenced on 3rd January 1988 and expired on 23rd July 1989 were reduced on account of any day in that period on which the coal industry employee was present in Great Britain being a day in respect of which the coal industry employee failed to satisfy the conditions for receipt of unemployment benefit solely by reason of the day not being a day of unemployment.
Amendments of 1983 and 1984 Orders
3
The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1983 and the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1984 shall be further varied in their Schedules as follows —
a
in Article 1 —
i
for the definition of “invalidity pension” shall be substituted the following definition —
“invalidity benefit” means the total amount of invalidity pension under section 15 of the Social Security Act 1975 (including any increases for dependants) and of invalidity allowance under section 16 of that Act
;
ii
after the definition of “special hardship allowance” shall be inserted the following definition —
“state retirement pension” means a basic Category A retirement pension under section 28 of the Social Security Act 1975
;
b
for Article 9 shall be substituted the following Article —
Additional weekly benefits payable
9
Subject as hereinafter provided —
1
Where in any week a coal industry employee eligible for weekly payments under this Scheme is —
a
on any day which is not a day of incapacity for work not entitled to unemployment benefit because he has exhausted his entitlement to that benefit or because the day is not a day of unemployment or for either of the reasons specified in paragraph (2) below; or
b
on any day not entitled to sickness benefit for either of the reasons specified in paragraph (2) below or not entitled to invalidity benefit for either of those reasons or because he has not been entitled to sickness benefit for the required period
the Secretary of State may pay to him for that week such sum as will, together with all the relevant benefits to which he is entitled for the week, equal the total of all the relevant benefits to which he would otherwise have been entitled.
2
The reasons referred to in paragraph (1) above are that the coal industry employee fails to satisfy the contribution conditions for entitlement to the benefit in question or that he is absent from Great Britain.
3
In paragraph (1) above “the relevant benefits” means unemployment benefit, sickness benefit, invalidity benefit, severe disablement allowance and invalid care allowance.
4
In the case of a coal industry employee who is in receipt of any benefit within Article 10(1)(a) or (b) but to whom weekly payments are not excluded by Article 10(1), any weekly sum payable under paragraph (1) above shall, if it has not been reduced by virtue of section 5(1) of the Social Security ( No. 2) Act 1980 be reduced or extinguished, as the case may be, by the amount by which the weekly total of such benefit exceeds £35.
;
c
in Article 10 —
i
for paragraph (2) shall be substituted the following paragraph —
2
No weekly payment shall be made under Article 9 of this Scheme to any coal industry employee in respect of any day on which he is employed or self-employed unless —
a
he earns £2 or less (before any deductions) on that day; or
b
he is not employed or self-employed for more than 16 hours in the week in question.
;
ii
paragraphs 5 and 6 shall be deleted;
d
after Article 17 shall be inserted the following Articles —
17A
1
Subject to paragraph (3) below, the Secretary of State may pay to a coal industry employee who is eligible for weekly payments under this Scheme in respect of any week of a kind mentioned in paragraph (2) below, and at such time as the Secretary of State considers appropriate, a sum not exceeding that which is required to reimburse the coal industry employee the cost to him of making a Class 3 national insurance contribution.
2
A week is of a kind referred to in paragraph (1) if it —
a
fell in the period which commenced on 3rd January 1988 and expired on 23rd July 1989; or
b
is a week commencing on or after 23rd July 1989 in which the coal industry employee was entitled to payments under Article 9 of this Scheme
and if in either case it fell in a period in which the coal industry employee had not made or been credited with sufficient national insurance contributions to secure his entitlement to state retirement pension at the rate at which he would have been entitled to receive that pension if he had made or been credited with national insurance contributions for each week falling wholly or partly within the period commencing on 3rd January 1988 and expiring on his attaining the age of 65 or, in the case of a woman, the age of 60.
3
The Secretary of State shall not make a payment under this Article in respect of any week unless he is satisfied that the contribution in question will be, or has been, paid by or on behalf of the coal industry employee.
17B
The Secretary of State may pay to a coal industry employee the total amount by which the weekly payments to which he would otherwise have been entitled under this Scheme in respect of the weeks falling wholly or partly within the period which commenced on 3rd January 1988 and expired on 23rd July 1989 were reduced on account of any day in that period on which the coal industry employee was present in Great Britain being a day in respect of which the coal industry employee failed to satisfy the conditions for receipt of unemployment benefit solely by reason of the day not being a day of unemployment.
Amendments of 1986 Order
4
The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1986 shall be further varied in the Schedule as follows —
a
in Article 1 —
i
for the definition of “invalidity pension” shall be substituted the following definition —
“invalidity benefit” means the total amount of invalidity pension under section 15 of the Social Security Act 1975 (including any increases for dependants) and of invalidity allowance under section 16 of that Act;
ii
after the definition of “standard weekly rate” shall be inserted the following definition —
“state retirement pension” means a basic Category A retirement pension under section 28 of the Social Security Act 1975;
;
b
for Article 9 shall be substituted the following Article —
Additional weekly benefits payable
9
Subject as hereinafter provided —
1
Where in any week a coal industry employee eligible for weekly payments under this Scheme is —
a
on any day which is not a day of incapacity for work not entitled to unemployment benefit because he has exhausted his entitlement to that benefit or because the day is not a day of unemployment or for either of the reasons specified in paragraph (2) below; or
b
on any day not entitled to sickness benefit for either of the reasons specified in paragraph (2) below or not entitled to invalidity benefit for either of those reasons or because he has not been entitled to sickness benefit for the required period
the Secretary of State may pay to him for that week such sum as will, together with all the relevant benefits to which he is entitled for the week, equal the total of all the relevant benefits to which he would otherwise have been entitled.
2
The reasons referred to in paragraph (1) above are that the coal industry employee fails to satisfy the contribution conditions for entitlement to the benefit in question or that he is absent from Great Britain.
3
In paragraph (1) above “the relevant benefits” means unemployment benefit, sickness benefit, invalidity benefit, severe disablement allowance and invalid care allowance.
4
In the case of a coal industry employee who is in receipt of any benefit within Article 10(1)(a) or (b) but to whom weekly payments are not excluded by Article 10(1), any weekly sum payable under paragraph (1) above shall, if it has not been reduced by virtue of section 5(1) of the Social Security (No. 2) Act 1980, be reduced or extinguished, as the case may be, by the amount by which the weekly total of such benefit exceeds £35.
;
c
in Article 10 —
i
for paragraph (4) shall be substituted the following paragraph —
4
No weekly payment shall be made under Article 9 of this Scheme to any coal industry employee in respect of any day on which he is employed or self-employed unless —
a
he earns £2 or less (before any deductions) on that day; or
b
he is not employed or self-employed for more than 16 hours in the week in question.
;
ii
paragraphs (5) and (6) shall be deleted;
d
for Article 18, shall be substituted the following Articles —
18
1
Subject to paragraph (3) below, the Secretary of State may pay to a coal industry employee who is eligible for weekly payments under this Scheme in respect of any week of a kind mentioned in paragraph (2) below, and at such time as the Secretary of State considers appropriate, a sum not exceeding that which is required to reimburse the coal industry employee the cost to him of making a Class 3 national insurance contribution.
2
A week is of a kind referred to in paragraph (1) above if it —
a
fell in the period which commenced on 3rd January 1988 and expired on 23rd July 1989; or
b
is a week commencing on or after 23rd July 1989 in which the coal industry employee was entitled to payments under Article 9 of this Scheme
and if in either case it fell in a period in which the coal industry employee had not made or been credited with sufficient national insurance contributions to secure his entitlement to state retirement pension at the rate at which he would have been entitled to receive that pension if he had made or been credited with national insurance contributions for each week falling wholly or partly within the period commencing on 3rd January 1988 and expiring on his attaining the age of 65 or, in the case of a woman, the age of 60.
3
The Secretary of State shall not make a payment under this Article in respect of any week unless he is satisfied that the contribution in question will be, or has been, paid by or on behalf of the coal industry employee.
18A
The Secretary of State may pay to a coal industry employee the total amount by which the weekly payments to which he would otherwise have been entitled under this Scheme in respect of the weeks falling wholly or partly within the period which commenced on 3rd January 1988 and expired on 23rd July 1989 were reduced on account of any day in that period on which the coal industry employee was present in Great Britain being a day in respect of which the coal industry employee failed to satisfy the conditions for receipt of unemployment benefit solely by reason of the day not being a day of unemployment.
Michael Spicer
Parliamentary Under Secretary of State,
Department of Energy
12th July 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Road Traffic (Carriage of Dangerous Substances in Packages etc.) (Amendment) Regulations 1989 and shall come into force on 1st March 1989.
2
In these Regulations, “the principal Regulations ” means the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1986 .
Amendments to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1)–
a
in the definition of “dangerous substance”, for sub-paragraph (h) to the end of the definition, there shall be substituted–
h
any other substance which, although not listed in Part IA2 of the approved list, has, when classified, the properties of a substance specified in Schedule 1,
but does not include a substance carried at such dilution or otherwise treated so that it no longer has the properties of any flammable gas, organic peroxide, toxic gas or any substance in Schedule 1;
and
b
in the definition of “packing group”, for sub-paragraph (b), there shall be substituted–
b
in the case of a dangerous substance not so listed–
i
if not a toxic substance, the packing group specified for that substance in column 2 of Part I of Schedule 1, or
ii
if a toxic substance, packing group I or II allocated in accordance with the criteria set out in Part II of Schedule 1;
.
3
In regulation 3 (which determines the application of the principal Regulations), in paragraph (1), after “substance” where it first appears, insert “regulation 13A shall apply in relation to the carriage of any quantity of any dangerous substance such as is specified therein”.
4
In regulation 6 (which requires information in writing to be available during the carriage of a dangerous substance)–
a
in paragraph (2)(b), at the beginning, insert “subject to paragraph (3)”; and
b
after paragraph (2), insert the following paragraph–
3
Nothing in paragraph (2)(b) shall require the destruction, removal or placing in a securely closed container of information in writing relating to any dangerous substance which is not being carried where that information in writing relates also to a dangerous substance which is being carried, and the nature of the hazards created by those dangerous substances is such that the action to be taken in an emergency concerning them is identical.
.
5
In regulation 11(1) (which requires vehicles which are used for the carriage of 500 kilograms or more of dangerous substances to display rectangular orange plates at the front and rear), in sub-paragraph (c), after the word “visible”, insert the words “except that the rear plate need not be visible where the vehicle is being loaded or unloaded”.
6
In regulation 11(2) (which imposes duties on operators and drivers of vehicles with respect to the orange coloured plates required to be displayed pursuant to regulation 11(1)), in sub-paragraph (b), after the word “and” where it first appears, insert the words “(other than when it need not be clearly visible in the circumstances set out in paragraph (1)(c))”.
7
There shall be inserted, after regulation 13, the following regulation–
Restrictions on the carriage of certain dangerous substances in the same vehicle as food
13A
1
The operator and driver shall ensure that no dangerous substance–
a
listed in Part IA2 of the approved list, which is specified to be in packing group I or II in column 7 of that Part and which also has the properties of any substance specified in Schedule 1 in the entry for “Toxic Substance”; or
b
which, although not listed in Part IA2 of the approved list, has, when classified, the above properties,
is carried in any vehicle in which food is being carried, unless the food is carried in a part of the vehicle effectively separated from that containing the substance, or is otherwise adequately protected from the risk of contamination.
2
In this regulation, “food” means–
a
as respects England and Wales, food within the meaning of section 131(1) of the Food Act 1984 ;
b
as respects Scotland, food within the meaning of section 58(1) of the Food and Drugs (Scotland) Act, 1956 .
.
8
The headings to Parts I and II of Schedule 1; column 1 of Part I and paragraph 3 of Part II of Schedule 1; column 1 of Schedule 2; and Schedule 3 shall be amended in accordance with the Schedule to these Regulations.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State
Department of Transport
26th January 1989


text:
1
This Order may be cited as the Gipsy Encampments (Borough of Arfon) Order 1989 and shall come into force on 25th April 1989.
2
The area of the Borough of Arfon is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Peter Walker
Secretary of State for Wales
16th March 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Medicines Act 1988 (Superannuation) (Savings for Retired Practitioners) Regulations 1989 and shall come into force on 1st April 1990.
2
In these Regulations “the Superannuation Regulations ” means the National Health Service (Superannuation) Regulations 1980 and other words and expressions used have the same meaning as in the Superannuation Regulations.
Savings in respect of practitioners' superannuation
2
Notwithstanding the provisions of section 9 of the Health and Medicines Act 1988 (revocation of regulation 76 of the Superannuation Regulations and consequent reduction of pension on re-employment as a practitioner after attaining the age of 65 years), where at any time in the period beginning on 1st March 1990 and ending on 31st March 1990–
a
a practitioner between the ages of 65 and 70 years, who became entitled to a pension as a practitioner on or after attaining the age of 65 years, was engaged in further employment as a practitioner, and
b
regulation 76 of the Superannuation Regulations operated in his case with the result that such further employment was disregarded for the purpose of determining whether the pension payable to him under the Superannuation Regulations should be reduced,
any further employment, between the ages of 65 and 70 years, by that practitioner shall continue to be disregarded as if regulation 76 had not been revoked.
Signed by authority of the Secretary of State for Health.
Roger Freeman
Parliamentary Under Secretary of State
Department of Health
12th October 1989


text:
Citation and commencement
1
These Regulations may be cited as the Water (Pensions and Compensation) (Transfer of Liabilities) Regulations 1989 and shall come into force on 17th November 1989.
Transfer of liabilities
2
All liabilities of a water authority saved by virtue of paragraph 1 or 2 of the Water Act 1973 (Savings) Direction 1989 (pensions and compensation for chairmen and members of water authorities) and transferred to that authority’s successor company as mentioned in the second recital to these Regulations, shall become liabilities of that company’s nominated holding company.
Continuity
3
1
Anything done by or in relation to (or having effect as if done by or in relation to) a successor company in connection with a liability transferred by regulation 2 shall, so far as is required for continuing its effect on or after 17th November 1989, have effect as if done by or in relation to that company’s nominated holding company.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any appeal, claim, decision or determination, to the giving of any notice and to the bringing of any action or proceeding.
3
Any pending action or proceeding may be amended in such manner as may be necessary or proper in consequence of these Regulations.
Peter Walker
Secretary of State for Wales
19th October 1989
Chris Patten
Secretary of State for the Environment
17th October 1989


text:
Title and commencement
1
These Regulations may be cited as the Fisheries Act 1981 (Amendment) Regulations 1989, and shall come into force on the day after the day on which these Regulations are made.
Amendment of the Fisheries Act 1981
2
1
The Fisheries Act 1981 shall be amended in accordance with the following provisions of this Regulation.
2
In section 2 (duties of the Sea Fish Industry Authority) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (2A) below” and after subsection (2) there shall be inserted the following subsection–
2A
If any levy imposed under section 4 below has effect in relation to sea fish or sea fish products from the sea fish industries of member States other than the United Kingdom, the Authority shall so exercise its powers under this Part of this Act as to secure that benefits are conferred on those industries commensurate with any burden directly or indirectly borne by them in consequence of the levy
;
and, in subsection (3) for the words “subsection (1) above” there shall be substituted the words “subsections (1) and (2A) above”.
3
In section 3(5) (which provides that the Authority shall not provide services for persons concerned with sea fish industries of other countries unless the full cost is recovered by fees) for the words from “unless” to “and” there shall be substituted the words
unless–
a
in the case of a country which is not a member State, the full cost of the services is recovered by fees; and
b
.
4
In section 14(2) (definition of “sea fish industry”) for the words “section 3(5)” there shall be substituted the words “sections 2(2A) and 3(5)”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is herunto affixed on 10th July 1989.
John McGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
11th July 1989


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989 and shall come into force on 28th December 1989.
2
In these Regulations “ the Act ” means the Local Government Finance Act 1988.
Valuation on the contractor’s basis
2
1
This regulation applies in relation to a hereditament the rateable value of which is being ascertained by reference to the notional cost of constructing or providing it or any part of it.
2
In applying paragraph 2(1) to (7) of Schedule 6 to the Act in circumstances where this regulation applies, the appropriate rate shall be assumed–
a
in the case of an educational hereditament or hospital to be 4 per cent., and
b
in any other case, to be 6 per cent.
3
In this regulation–
“the appropriate rate” means the percentage rate applicable in relation to the notional cost of constructing or providing the hereditament or any part of it for the purpose of estimating the rent at which it might reasonably be expected to let from year to year;
“educational hereditament” means a hereditament which–
is constructed or adapted for use for the purposes of–
a school;
a university;
and which is wholly or mainly so used; or
is constructed or adapted for the provision of further education within the meaning of section 41 of the Education Act 1944 (“the 1944 Act ”) or higher education within the meaning of section 120(1) of the Education Reform Act 1988 (“the 1988 Act ”) or both, and is wholly or mainly used for the purposes of an institution which is–
maintained by a local education authority; or
designated by or under regulations under section 218 of the 1988 Act as substantially dependent for its maintenance on assistance from local education authorities or on grants from the Secretary of State; or
treated by virtue of section 132(6) of the 1988 Act as within the Polytechnics and Colleges Funding Council funding sector; or
provided or maintained for that purpose by a body not established for profit;
“hospital” means a hereditament constructed or adapted wholly or mainly either–
for the reception and treatment of persons suffering from any illness, injury or infirmity; or
as a maternity home;
and used for such a purpose;
“school” has the meaning given by section 114(1) of the 1944 Act;
“university” has the meaning given by section 235(1) of the 1988 Act;
and any reference to a hereditament provided or used for any purpose includes a reference to a hereditament which is not in use but which when last in use was provided or used for such a purpose.
Valuation of public utilities
3
Notwithstanding any rule of law requiring the rateable value of a hereditament occupied by a public utility undertaking to be estimated solely by reference to the accounts, receipts or profits of the undertaking, in arriving at an amount under paragraph 2(1), (1A) or (1B) of Schedule 6 to the Act in relation to such a hereditament, any evidence relevant to estimating the amount of rent in accordance with that provision is to be taken into account.
Advertising rights, etc.
4
1
In relation to an advertising hereditament, in applying the provisions of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the Act it shall be assumed that the grant or reservation of the right of which the hereditament consists included the grant or reservation of a right to use any structure or sign for the time being available for use for the purpose of exhibiting advertisements by the occupier of that hereditament,notwithstanding that the structure or sign was provided by that occupier or was provided after the making of the grant or reservation concerned.
2
In arriving at an amount of estimated rent under paragraph 2(1), (1A) or (1B) of Schedule 6 to the Act in respect of any land (within the meaning of section 64(2) of the Act) over which an advertising right is exercisable, no account shall be taken of any value or, as the case may be, increased value arising from the use of the land for the purpose of exhibiting advertisements in accordance with that right.
3
Where any hereditament rateable in respect of its occupation for other purposes is used temporarily or permanently for, or for the erection thereon or attachment thereto of any structure used for, the exhibition of advertisements other than in pursuance of an advertising right, in arriving at an amount under paragraph 2(1), (1A) or (1B) of Schedule 6 in respect of that hereditament the increased value from that use of the hereditament shall be taken into account.
4
In this regulation–
“advertising hereditament” means a hereditament consisting of a right to which section 64(2) of the Act applies; and “advertising right” means a right which is such a hereditament, and
“structure” includes a hoarding, frame, post or wall.
Docks and harbours undertakings
5
1
This regulation applies to any hereditament which consists of or includes a dock or harbour undertaking carried on under authority conferred by or under any enactment, and in relation to which on the relevant day the conditions set out in paragraph (2) are satisfied.
2
The conditions are–
a
that the relevant income of the dock or harbour undertaking–
i
in any accounting period of twelve months ending during the period beginning on 31st December 1987 and ending with 31st March 1988; or
ii
if there was no such period, during the twelve months ending on 31st March 1988,
was £50,000 or more;
b
that the persons carrying on the dock or harbour undertaking do not use the dock or harbour exclusively or mainly for the purpose of bringing or receiving goods–
i
manufactured or produced by them; or
ii
to be used by them for the manufacture or production of goods or electricity; or
iii
to be sold by them; or
iv
manufactured or produced by an associated body, and to be sold by that body;
c
that the hereditament consists of or contains operational land.
3
So much of any hereditament to which this regulation applies as consists exclusively of operational land shall be treated as a hereditament (“the new hereditament”) separate from the remainder.
4
Where more than one new hereditament is on the relevant day occupied by the same undertakers, those hereditaments shall be treated as one hereditament, and as situated throughout the relevant period in the area of the charging authority in which is situated such of those new hereditaments as contains on the relevant day the larger or the largest area, measured at ground level.
5
In this Regulation–
“accounting period”, in relation to a dock or harbour undertaking, means the period by reference to which the accounts relating to the undertaking are compiled;
“associated body”, in relation to any undertakers, means–
a body corporate in relation to which those undertakers directly or indirectly own or control not less than 51 per cent. of its issued share capital; or
a body corporate in relation to which those undertakers and any other associated body or bodies of theirs directly or indirectly own or control not less than 51 per cent. of its issued share capital;
“operational land” means land which is used for the purpose of the carrying on of the undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purpose of the carrying on of statutory undertakings within the meaning of the Town and Country Planning Act 1971 ;
“relevant day” means a day on which a local rating list must be compiled or, where a new hereditament would first fall to be shown in such a list for any day later than such a day, the day on which it would first so fall to be shown;
“relevant income” in relation to any dock or harbour undertaking means all income by way of revenue included or falling to be included in the revenue or profit and loss account of the undertaking, whether derived from the operations carried on under the authority referred to in paragraph (1) or otherwise, other than–
income in respect of pilotage;
income from–
investments required to be shown in the accounts of the undertaking (other than investments in subsidiary companies);
loans or deposits; and
rent or other payments receivable in consideration of the grant of permission for occupation or use of any property of the undertaking, or right over such property, which is or forms part of a hereditament which is shown on a local rating list; and
any sum receivable in respect of the disposal of land;
“relevant period” means the period beginning with the relevant day and ending when a new local rating list is compiled; and
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 .
Alteration of rating lists
6
Where a copy of a local or central rating list has been sent to a charging authority or Secretary of State under section 41(5) (local lists) or 52(5) (central lists) of the Act and the valuation officer alters the list before it comes into force–
a
the officer shall inform the charging authority or Secretary of State to whom the copy was sent, and
b
the authority or the Secretary of State, as the case may be, shall alter the deposited copy accordingly.
Valuation of mines and quarries
7
For regulation 5(3) (definitions) of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 there shall be substituted–
3
In this regulation–
“land” does not include buildings, structures, roads, shafts, adits or other works;
any reference to a mine or quarry includes a reference to a well or bore-hole, or to a well and bore-hole combined; and
unless the context otherwise requires, expressions which are also used in the Mines and Quarries Act 1954 have the same meanings as in that Act.
.
Chris Patten
Secretary of State for the Environment
6th December 1989
Peter Walker
Secretary of State for Wales
5th December 1989


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980–
a
a special road along the route described in Schedule 1 to this Scheme (this special road being in this scheme referred to as“the Motorway”), and
b
special roads along the routes described in Schedule 2 to this Scheme for the purposes of connecting the Motorway with other highways at the places stated in that Schedule (these special roads being in this Scheme referred to as“the connecting roads”).
2
The centre line of the Motorway and of each of the connecting roads is indicated by a heavy black line on the deposited plan.
3
These special roads shall become trunk roads on the date on which this Scheme comes into force.
4
In this Scheme:–
1
all measurements of distance are measured along the route of the relevant highway;
2
“the deposited plan” means the plan numbered HA16/YHRO1 marked“The M1 Motorway (Stourton Interchange to Dewsbury Road Section) and Connecting Roads 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.
5
This Scheme shall come into force on 1st April 1989, and may be cited as the M1 Motorway (Stourton Interchange to Dewsbury Road Section) and Connecting Roads Scheme 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
6th March 1989


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No.1) Order 1989.
2
In this Order —
“ the Act ” means the Local Government and Housing Act 1989.
3
The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall come into force on 1st December 1989, but, where a particular purpose is specified in relation to any provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.
4
The provisions of the Act which are specified in column 1 of Schedule 2 to this Order shall, insofar as they are not then in force, come into force on 16th January 1990 but, where a particular purpose is specified in relation to any provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.
5
The provisions of the Act which are specified in column 1 of Schedule 3 to this Order shall, insofar as they are not then in force, come into force on 1st April 1990, but, where a particular purpose is specified in relation to any provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
22nd November 1989


text:
1
This Order may be cited as the Education (Higher Education Corporations) (No. 5) Order 1989 and shall come into force on 31st January 1989.
2
The Southampton Institute of Higher Education is hereby specified as an institution maintained by a local education authority which appears to the Secretary of State to fall within section 121(2) of the Education Reform Act 1988.
3
In relation to the corporation established under section 121 of the said Act of 1988 by virtue of this Order the transfer date for the purposes of section 126 of that Act shall be 1st April 1989.
4
The County Council of Hampshire is hereby specified as the local authority entitled to nominate a local authority nominee as an initial nominee member of the said corporation.
Kenneth Baker
Secretary of State for Education and Science
9th January 1989


text:
Title and commencement
1
These Regulations may be cited as the Oil and Fibre Plant Seeds (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
Amendment
2
1
The Oil and Fibre Plant Seeds Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (interpretation)–
a
in paragraph (3)–
i
for the definition of “Basic Seed” there shall be substituted the following definition–
“Basic Seed” means–
a
seeds, other than of hybrids of sunflower, which–
i
have been produced by or under the responsibility of the maintainer from Pre-basic Seed or, with the written authority of the Minister, from Breeder’s Seed,
ii
are intended for the production of Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or, as regards flax, Certified Seed of the Third Generation, and
iii
satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
b
seeds, in the case of inbred lines of sunflower intended for the production of hybrids, which have been produced from Breeder’s Seed or Pre-basic Seed and which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
c
seeds, in the case of single cross hybrids of sunflowers, which–
i
have been produced from Breeder’s Seed or Pre-basic Seed and are intended for the production of double-cross hybrids or of three-way cross hybrids, and
ii
satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2.
;
ii
in the definition of “Commercial Seed” the words “brown mustard” shall be deleted;
b
in paragraph (4) for the words “regulation 5(1)(b), (c) or (d)” there shall be substituted “regulation 5(1)(b), (ii) or (iii)”;
c
after paragraph (4) there shall be added the following paragraph–
5
In these Regulations, in relation to varieties, inbred lines and hybrids of sunflower–
“inbred line” means a sufficiently uniform and stable line obtained either by artificial self-fertilisation with selection over several successive generations or by equivalent operations;
“single cross hybrid” means the first generation of a cross between two inbred lines, defined by the maintainer;
“double cross hybrid” means the first generation of a cross between two single cross hybrids, defined by the maintainer;
“three way cross hybrid” means the first generation of a cross between an inbred line and a single cross hybrid, defined by the maintainer.
.
3
In regulation 5 (marketing of seeds)–
a
for paragraph (1) there shall be substituted the following paragraph–
1
Subject to the provisions of this regulation, no person shall market any seeds unless they are marketed in seed lots or in parts of seed lots and unless they are–
a
Commercial Seed, or
b
seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 and which are–
i
Breeder’s Seed, Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, or Certified Seed of the Third Generation, or
ii
seeds which have been produced and packaged in a Member State other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of regulation 9(1), (2), (3), (4), (5), (6) and (8) and which–
in the case of a small package of seeds, a small EEC A package of seeds or a small EEC B package of seeds, have been sealed in accordance with the requirements of regulation 8(3), or
in the case of all other seeds, have been officially sealed in a Member State other than the United Kingdom, or
iii
seeds which have been produced elsewhere than in a Member State and which are marketed in accordance with, and subject to, the conditions imposed by a general licence granted by the Ministers under the authority of this paragraph, which licence shall have effect during the period specified in it unless the Ministers earlier revoke it.
;
b
after paragraph (10) there shall be inserted the following paragraph–
11
Seeds which have been produced and packaged in a Member State other than the United Kingdom, notwithstanding that they have not been officially certified as Certified Seed in that Member State, may be imported but shall not be marketed in the United Kingdom until they have been officially certified in the United Kingdom.
.
4
For Schedule 1 (kinds of seeds to which the Regulations apply) there shall be substituted the following–
SCHEDULE 1
KINDS OF SEEDS TO WHICH THE REGULATIONS APPLY
Regulation 4(1)
Latin Name Common Name
Brassica juncea (L.) Czernj. et Cosson Brown mustard Brassica napus L. (partim) Swede rape (including fodder rape and oilseed rape) Brassica nigra (L.) Koch Black mustard Brassica rapa L. var. silvestris (Lam.) Briggs Turnip rape Glycine max (L.) Merr. Soya bean Helianthus annuus L. Sunflower Linum usitatissimum L. Flax, Linseed Sinapis alba L. White mustard
5
In Schedule 4, Part I (conditions relating to crops from which seeds other than Commercial Seed are obtained)–
a
in paragraph 7–
i
after the words “black mustard” the word “sunflower” shall be deleted;
ii
after sub-paragraph (b) there shall be inserted the following sub-paragraph–
c
crops to produce–
i
Basic Seed of hybrids of sunflower, 1500 metres;
ii
Basic Seed of sunflower, other than hybrids, 750 metres;
iii
Certified Seed of sunflower, 500 metres.
.
b
In paragraph (8) (standards of varietal purity) after sub-paragraph (b) there shall be inserted the following sub-paragraphs–
c
A crop of an inbred line of sunflower shall have sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties of sunflower the characteristics of sufficient identity and purity shall extend to its components, including male sterility or fertility restoration.
d
In the case of hybrids of sunflower–
i
the percentage by number of plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed–
aa
for the production of Basic Seed–
A
inbred lines, 0.2
B
simple hybrids–
male parents, plants which have shed pollen while 2% or more of the female plants have receptive flowers, 0.2 –female parent, 0.5
bb
for the production of Certified Seed––male component, plants which have shed pollen while 5% or more of the female plants have receptive flowers, 0.5 –female component, 1.0
ii
for the production of seed of hybrid varieties the following standards shall be satisfied–
aa
sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;
bb
where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0.5;
cc
for the production of Basic Seed the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0.5%;
dd
where a male-sterile component has been used to produce Certified Seed by using a male component which contains a specific restorer line or lines, at least one-third of the plants grown from the resulting hybrid shall produce pollen which appears normal in all respects.
.
6
In Schedule 4, Part II (conditions relating to Basic Seed etc. ) in section A paragraph 1, after “specified in Part I” there shall be added the following–
“Where a female male-sterile component and a male component which does not restore male fertility have been used for the production of Certified Seed of hybrids of sunflower, the seed produced by the male-sterile parent shall be blended with seed produced by the fully fertile seed parent. The ratio of male-sterile parent seed to male-fertile parent shall not exceed two to one.”.
7
In Schedule 4, Part II in the table in section A paragraph 2–
in column 9 opposite the entry for “Brassica species — Basic Seed” for “5” there shall be substituted “2”, and opposite the entry for “Brassica species — Certified Seed” for “20” there shall be substituted “5”;
in column 9 opposite the entry for “White mustard — Basic Seed” for “5” there shall be substituted “2”, and opposite the entry for “White Mustard — Certified Seed” for “20” there shall be substituted “5”.
8
In Schedule 5, Part I (sampling of seed lots)–
a
in paragraph 9 after “sampling device” the words “approved by the Minister” shall be deleted;
b
paragraph 15 (moisture samples) shall be deleted.
9
In Schedule 6 (labelling) immediately after the heading “SCHEDULE 6” there shall be inserted the following–
“For the purposes of these Regulations the particulars prescribed in this Schedule as to the kind and vaiety of seed shall be indicated on the label in roman characters. The kind of seed shall be designated by its Latin name, as prescribed in Schedule 1.”.
10
In Schedule 6, Part I paragraph C(a) after item 10 there shall be inserted the following item–
11
In the case of varieties which are hybrids or inbred lines–
a
for Basic Seed where the hybrid or inbred line to which the seed belongs has been officially accepted on a National List or the Common Catalogue–
the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word “component”;
b
for Basic Seed in other cases–
the name of the component to which the Basic Seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word “component”;
c
for Certified Seed–the name of the variety to which the seed belongs, accompanied by the word “hybrid.”
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
25th July 1989
Peter Walker
Secretary of State for Wales
26th July 1989


text:
Citation and interpretation
1
1
This Order may be cited as the Health and Medicines Act 1988 (Commencement No. 4) Order 1989.
2
In this Order, “the 1988 Act ” means the Health and Medicines Act 1988.
Days appointed
2
1
1st April 1990 is the day appointed for the coming into force of section 9 of the 1988 Act (reduction of practitioner’s pension on re-employment after attaining the age of 65).
2
9th June 1989 is the day appointed for the coming into force of –
a
section 8 of the 1988 Act (retirement of practitioners) except for –
i
in subsection (1), paragraph (a),
ii
in subsection (2), the words “(a) or”;
b
section 25(1) of the 1988 Act (consequential amendments) so far as it relates to paragraphs 4 and 11 of Schedule 2 to the 1988 Act, and to paragraphs 1 and 9 of that Schedule to the extent that they have effect for the purposes of those paragraphs;
K. Clarke
One of Her Majesty’s Principal Secretaries of State
12th May 1989


text:
1
This Order may be cited as the Central Regional Council (The Stirlingshire and Falkirk Water Order 1957 Amendment) Water Order 1989 and shall come into force on 8th August 1989.
2
In article 5(2) of the Stirlingshire and Falkirk Water Order 1957 for “737.92 ft. or more above ordnance datum” there shall be substituted “739.53 feet or more above Ordnance Datum Liverpool (225.613 metres or more above Ordnance Datum Newlyn)”.
3
This Order and the Orders specified in the Schedule hereto may be cited together as the Stirlingshire and Falkirk Water Orders 1921 to 1989.
4
The Central Regional Council shall at all times after the expiration of six months from the date on which this Order comes into force keep a copy thereof at the office of the Chief Executive of the Council.
Robert McGillivray
Chief Engineer, Scottish Office
St. Andrew’s House,
Edinburgh
1st August 1989


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (High Security Prisons) Regulations 1989 and shall come into force on 11th January 1990.
2
1
This regulation applies to each of the high security prisons specified in column 1 of the Schedule hereto, each of which for the purpose of this regulation shall be taken to comprise an area bounded by a circle of the radius specified in column 2 of the said Schedule opposite its name centred on the position so specified in column 3 of the said Schedule.
2
A helicopter shall not fly over a high security prison to which this regulation applies below such height above mean sea level as is specified in column 4 of the said Schedule opposite its name:Provided that nothing in this regulation shall prohibit:
a
in relation to the high security prisons at Albany and Parkhurst, flight for the purpose of landing at or taking off from the helicopter landing area at St Mary’s Hospital, Newport with the permission of the person in charge of St Mary’s Hospital, Newport and in accordance with any conditions to which that permission is subject; or
b
flight by any helicopter operated by or on behalf of a police force for any area of the United Kingdom.
Signed by authority of the Secretary of State for Transport
A. J. Goldman
An Under Secretary in
the Department of Transport
15th November 1989


text:
Citation and Commencement
1
This Order may be cited as the Banking Act 1987 (Exempt Persons) Order 1989 and shall come into force on 1st April 1989.
Exemption
2
Schedule 2 to the Banking Act 1987 shall be amended by the addition of the following new entry after the entry numbered“14”–
14A
Crown Agents Financial Services Limited.
.
Kenneth Carlisle
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
31st January 1989


text:
Title, extent, commencement and interpretation
1
1
These Regulations, which may be cited as the Beef Special Premium (Recovery Powers) Regulations 1989, shall apply in Great Britain and shall come into force on 3rd April 1989.
2
In these Regulations, “The Protection Order ” means the Beef Special Premium (Protection of Payments) Order 1989 and other expressions have, in so far as the context admits, the same meaning as in that Order.
Recovery of premium payments
2
If any person to whom a premium payment has been made–
a
has made a false statement in connection with that payment; or
b
has contravened, or failed to comply with, any requirement imposed by or under Council Regulation ( EEC ) No. 468/87 laying down general rules applying to the special premium for beef producers or Commission Regulation (EEC) No. 714/89 laying down detailed rules applying to the special premium for beef producers
the Board may recover from him as a civil debt such of the amount of premium paid to him in the calendar year in which the false statement was made or the contravention or failure to comply occurred as is, in accordance with Article 9 of the Commission Regulation, repayable to the Board together with interest in respect of the period between the date on which any premium was paid and the date on which it was recovered calculated at a rate to be determined by the Minister of Agriculture, Fisheries and Food.
3
If any person has, in contravention of any provision of the Protection Order, in his possession an animal in respect of which a premium payment has been made the Board may recover from him as a civil debt such amount (not exceeding the premium paid in respect of that animal), together with interest in respect of the period between the date on which that premium was paid and the date on which it was recovered calculated at the rate determined for the purposes of Regulation 2 above, as is in accordance with Article 9 of the Commission Regulation due to the Board.
Evidence
4
For the purpose of any proceedings under these Regulations, an animal which is proved to have been marked in the prescribed manner shall be deemed to be an animal in respect of which a premium payment has been made unless the contrary is proved.
Revocation
5
The Beef Premiums (Recovery Powers) Regulations 1978 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on 23rd March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
30th March 1989


text:
1
This Order may be cited as the County of Powys (Electoral Arrangements) Order 1989.
2
This Order shall come into force on 4th May 1989 except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force forthwith.
3
1
The existing electoral divisions of the County of Powys shall be abolished and that County shall be divided into forty-six electoral divisions which shall bear the names set out in column 1 of the Schedule to this Order, and each electoral division shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each electoral division constituted by this Order shall be one.
4
The ordinary elections of all councillors for the County of Powys shall be held simultaneously on the ordinary day of election of county councillors in 1989 and every fourth year thereafter.
5
The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
16th January 1989


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 13) Order 1989.
2
Section 8 (preservation of right to buy on disposal to private sector landlord) of the Housing and Planning Act 1986 shall come into force on 5th April 1989.
Nicholas Ridley
Secretary of State for the Environment
9th March 1989
Peter Walker
Secretary of State for Wales
9th March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 and, subject to the provisions of regulation 5(2)(b) below, shall come into force on 13th September 1990.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“the 1971 Act ” means the Mineral Workings (Offshore Installations) Act 1971 ;
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“the 1989 Order ” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 ;
“first-aid” means–
in cases where a person will need help from a medical practitioner or nurse, treatment for the purpose of preserving life and minimising the consequences of injury and illness until the appropriate help is obtained; and
treatment of minor injuries or illnesses which would otherwise receive no treatment or which do not need treatment by a medical practitioner or nurse (in this sub-paragraph“treatment” includes redressing and other follow-up treatment);
“offshore installation” means an offshore installation within the meaning of the 1971 Act which is within–
tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limit of territorial waters;
waters in any area designated under section 1(7) of the Continental Shelf Act 1964 ;
inland waters within Great Britain;
“person in control” means–
in relation to an offshore installation–
the installation manager, or where no such manager has been appointed, the person made responsible by the owner for health and safety on the installation,
the owner, and
every person who, in relation to the installation, is a concession owner,
all as defined in section 12 of the 1971 Act;
in relation to pipeline works, the owner of the pipeline or the proposed owner of the proposed pipeline as both are defined in section 33(3) of the Petroleum and Submarine Pipe-lines Act 1975 or, if no person has been designated as the owner of the pipeline or proposed owner of the proposed pipeline in pursuance of the said section 33(3), the person in whom the pipeline is vested or the person for whom it is to be constructed;
in relation to any activity in connection with an offshore installation–
the owner of the installation as defined in section 12 of the 1971 Act, and
the employer of persons engaged in that activity;
“pipeline” means any pipeline or part of a pipeline in relation to which sections 1 to 59 and 80 to 82 of the 1974 Act are applied by article 5 of the 1989 Order and any pipeline or part of a pipeline which is connected to it or to an offshore installation and which is in, under or over inland waters within Great Britain or tidal waters and parts of the sea in or adjacent to Great Britain;
“pipeline works” means any of the works mentioned in sub-paragraphs (a) to (d) of the definition of pipeline works in article 5 of the 1989 Order which relate to a pipeline within the meaning of these Regulations;
“sick bay” means a room for the medical treatment and care of sick and injured persons.
Application of Regulations
3
These Regulations apply to or in relation to premises and activities–
a
in Great Britain which are or are connected with offshore installations or pipeline works, and
b
outside Great Britain in circumstances in which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of articles 4 and 5 of the 1989 Order.
Extension of meaning of“work” and“at work”
4
For the purposes of these Regulations and of Part I of the 1974 Act, the meaning of“work” and“at work” shall be extended, in relation to the provision of first-aid and other medical assistance, the provision of advice in connection with health, and the provision of information in connection with all the foregoing, so that all persons employed or self-employed are treated as being at work whether or not they are on duty, if they are on–
a
an offshore installation;
b
a vessel engaged in pipeline works; or
c
a vessel from which any of the following activities in connection with an offshore installation are being carried on, that is to say construction, reconstruction, alteration, repair, maintenance, cleaning, demolition, dismantling and any activity immediately preparatory thereto.
Duty of Person in control
5
1
The person in control of an offshore installation, pipeline works or any of the following activities in connection with an offshore installation carried on from a vessel, that is to say construction, reconstruction, alteration, repair, maintenance, cleaning, demolition, dismantling and any activity immediately preparatory thereto, shall–
a
provide, or ensure that there are provided, such equipment, facilities and medications and such number of suitable persons as are adequate and appropriate in the circumstances for rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work;
b
provide, or ensure that there is provided, such number of suitable persons as is adequate and appropriate in the circumstances for giving simple advice in connection with the health of persons at work;
c
make, or ensure that there are made, such arrangements as will enable–
i
the work of the suitable persons referred to in sub-paragraphs (a) and (b) of this paragraph to be supervised by one or more suitably qualified registered medical practitioners, and
ii
the advice or presence, as appropriate, of a suitably qualified registered medical practitioner to be obtained when needed;
d
ensure that persons at work are informed of the provisions and arrangements that have been made under sub-paragraphs (a), (b) and (c) of this paragraph, in particular, but without prejudice to the generality of the foregoing, as to the location of equipment, facilities, medications and personnel.
2
a
For the purposes of paragraph (1)(a) and (b) of this regulation, a person shall not be suitable unless he has undergone such training, or further training, and has obtained such qualifications, or further qualifications, as the Secretary of State may approve for the time being in respect of the relevant case or class of case.
b
Sub-paragraph (a) of this paragraph shall not apply until 13th September 1992 to a person who has been employed as a medically trained person on an offshore installation (including any time spent away from such installation on leave or training courses) throughout the two years immediately preceding the coming into force of these Regulations.
c
For the purposes of sub-paragraph (b) of this paragraph a“medically trained person” is a person who–
i
is either a registered nurse or the holder of a certificate of competency issued within the previous three years by the St John Ambulance Association of the Order of St John, the St Andrew’s Ambulance Association or the British Red Cross Society, and
ii
has received some adequate training in the use of mechanical artificial respiration equipment.
3
Nothing in this regulation shall require alteration of the siting or construction of a sick bay which at the date of the coming into force of these Regulations exists either on an offshore installation in respect of which there is a valid Certificate of Fitness issued under the Offshore Installations (Construction and Survey) Regulations 1974 , or on a vessel if–
a
the sick bay is provided with interior surfaces which may easily be kept clean; and
b
there is provided–
i
in the sick bay or in suitable accommodation in its immediate vicinity a bath accessible from three sides,
ii
in suitable accommodation in the immediate vicinity of the sick bay, a water-closet and a hand wash-basin, and
iii
a supply of sufficient hot and cold water for the bath and hand wash-basin and of sufficient cold water for the water-closet.
Defence in proceedings for contravening these Regulations
6
In any proceedings for an offence of contravening these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Power to grant exemptions
7
1
Subject to paragraph (2) of this regulation, the Secretary of State may, by a certificate in writing, exempt any person, class of persons, offshore installation, class of offshore installations, pipeline works, class of pipeline works, activity or class of activity from all or any of the requirements of these Regulations, and any such exemption may be granted subject to conditions and to limit of time and may be revoked by a certificate in writing at any time.
2
The Secretary of State shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which he proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
he is satisfied that the health, safety and welfare of persons at work will not be prejudiced in consequence of it.
Amendment of the Health and Safety (First-Aid) Regulations 1981
8
Regulation 7 of the Health and Safety (First-Aid) Regulations 1981 shall be amended as follows–
a
for paragraph (c) substitute the following paragraph–
c
where the Merchant Shipping (Medical Stores) Regulations 1986 apply;
b
after paragraph (f) add the following paragraph–
g
where the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 apply.
.
Peter Morrison
Minister of State,
Department of Energy
12th September 1989


text:
Citation and interpretation
1
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 7) Order 1989.
2
In this Order–
“ the Act ” means the Education Reform Act 1988.
Coming into force of certain provisions of the Act
2
The provisions of the Act specified in column 1 of the Schedule to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on 1st May 1989.


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Fourth Amendment) Regulations 1989 and shall come into force on 1st April 1989.
2
The Civil Aviation (Navigation Services Charges) Regulations 1986 shall be further amended as follows–
1
In regulation 2(1), for the Table there shall be substituted the following new Table–
TABLE
Column 1 Column 2 Column 3
Heathrow–London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.55 £1.31
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.67 £0.54 Gatwick–London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.55 £1.31
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.67 £0.54 Stansted–London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.55 £1.31
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.67 £0.54 Aberdeen (Dyce) £4.35 £3.66 Edinburgh £4.09 £3.45 Glasgow £3.03 £2.55 Prestwick £3.82 £3.24
2
After regulation 4 there shall be inserted the following new regulation–
Charges for approach services provided from an aerodrome to aircraft which do not land at that aerodrome
4A
1
Subject to the provisions of these Regulations the operator of every aircraft engaged on a flight which is not for the purpose of public transport for which navigation services are provided by the Authority in connection with an approach to an aerodrome referred to in the Table in regulation 2 of these Regulations, not being the aerodrome of intended landing of the aircraft (whether or not the services are actually used or could be used with the equipment installed in the aircraft), shall pay to the Authority for those services–
for each approach to PrestwickF 15% of the standard charge. for each approach to any other aerodrome referred to in the said Table. 25% of the standard charge.
2
The minimum charge payable under this regulation in respect of an aircraft engaged on an international flight shall be £10.00 and the minimum charge payable under this regulation in respect of an aircraft engaged on a flight other than an international flight shall be £5.00
.
3
In regulation 6(3) for “a charge of forty pounds” there shall be substituted “a charge of £42.50”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1989
We consent to the making of these Regulations,
Alan Howarth
David MacLean
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1989


text:
1
1
This Order may be cited as the Merger Reference (Blue Circle Industries plc and Myson Group plc) Order 1989 and shall come into force at 9.00 a.m on 31st August 1989.
2
For the purposes of this Order —
a
“associate” means a person associated (within the meaning of section 77(4) of the Fair Trading Act 1973) with Blue Circle or with any subsidiary of Blue Circle;
b
“interest in shares” shall include an entitlement, by a person not being the registered holder, to exercise any right conferred by the holding of the shares in question or an entitlement to control the exercise of any such right;
c
“subsidiary” has the same meaning as in section 736 of the Companies Act 1985 ; and
d
“voting shares” means shares in respect of which the holders have the right, either at all times or for the time being, to vote at general meetings of the company in question on all, or sustantially all, matters.
2
1
It shall be unlawful for Blue Circle, any subsidiary of Blue Circle or any associate —
a
directly or through any nominee or trustee to acquire any shares or interest in shares of Myson or any subsidiary of Myson in addition to those held immediately before this Order comes into force, or
b
to exercise, directly or indirectly, at any general meeting of, or of any class of the members of, Myson or any of its subsidiaries, any voting rights conferred by the holding of shares or attaching to any interest in shares if the aggregate of the voting rights exercised by or on behalf of Blue Circle, its subsidiaries and any associate would amount to 15 per cent or more of the total of the voting rights exercisable on the resolution in question, or
c
to enter into any agreement or arrangement with any other person with a view to or for the purpose of acting together to secure or exercise control of Myson or any of its subsidiaries or of any of the enterprises thereof;
and for the purposes of subparagraph (b) above, the total of the voting rights exercisable on the resolution in question does not include any voting rights which are not exercisable by reason of the application of that subparagraph.
2
Subparagraph (a) of paragraph (1) of this article shall not apply to anything done in pursuance of an agreement to acquire shares or interests in shares made before 9.00 a.m. on 31st August 1989 and legally enforceable against Blue Circle, its subsidiaries or any associate.
R. Mountfield
A Deputy Secretary of the
Department of Trade and Industry
30th August 1989


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 –
a
a special road along the route described in Schedule 1 to this Scheme (this special road being in this Scheme referred to as “the motorway”), and
b
special roads along the routes described in Schedule 2 to this scheme for the purposes of connecting the motorway with other highways at the places stated in that schedule (these special roads being in this Scheme referred to as “the connecting roads”).
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
Insofar as the special roads are not trunk roads before the date when this Scheme comes into force they shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered CSE 440/3/26/03 marked “The M40 London-Oxford-Birmingham Motorway (Waterstock to Wendlebury Section) and Connecting Roads Scheme 1989”, containing 2 maps bound together and lettered, respectively, plan A and plan B, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the special roads” means the motorway and the connecting roads.
5
This Scheme shall come into force on 5th April 1989 and may be cited as the M40 London-Oxford-Birmingham Motorway (Waterstock to Wendlebury Section) and Connecting Roads Scheme 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
15th March 1989


text:
1
This Order may be cited as the Immigration (Jersey) (Variation) Order 1989 and shall come into force on 15th April 1989.
2
The Immigration (Jersey) Order 1972 shall be further varied in accordance with the provisions of the Schedule to this Order.
G. I. deDeney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Stock Lending) Regulations 1989 and shall come into force on 18th August 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“Board” means the Commissioners of Inland Revenue;
“gilt-edged securities” means–
the securities specified in Part II of Schedule 2 to the Capital Gains Tax Act 1979 ,
stocks and bonds issued under section 12 of the National Loans Act 1968 , and
stocks and bonds guaranteed by the Treasury and issued under the Electricity (Scotland) Acts 1943 to 1954 and the Electricity Acts 1947 and 1957 ;
“market marker”, in relation to securities of a particular kind or options to buy or sell securities of a particular kind, means a person who–
holds himself out at all normal times in compliance with the rules of the Stock Exchange as willing–
to buy and sell securities of that kind, or
to grant or take options to buy or sell securities of that kind, or
to buy and sell options to buy or sell securities of that kind, at a price specified by him; and
is recognised as doing so by the Council of the Stock Exchange;
“other United Kingdom securities” means shares or stock, other than gilt-edged securities and quoted Eurobonds held in a recognised clearing system within the meaning of section 124 of the Taxes Act 1988 , in respect of which the conditions are fulfilled–
that, at the time the arrangement in question is made, the shares or stock have been admitted to the Official List of The Stock Exchange, or to dealings on the Unlisted Securities Market or Third Market of the Stock Exchange; and
that, where the shares or stock are issued by a body of persons not resident in the United Kingdom, part or all of any interest, dividends or other annual payments payable out of or in respect of such shares or stock constitutes relevant foreign dividends for the purposes of section 123 of the Taxes Act 1988 ;
and includes depositary receipts for such shares or stock;
“overseas securities” means–
stocks, shares and other securities issued by a body of persons not resident in the United Kingdom which are not other United Kingdom securities, and
quoted Eurobonds held in a recognised clearing system within the meaning of section 124 of the Taxes Act 1988;
“the principal section” means section 129 of the Taxes Act 1988;
“section 149B(9)” means section 149B(9) of the Capital Gains Tax Act 1979 ;
“subsection (1)”, “subsection (2)” and “subsection (3)” mean subsection (1), subsection (2) and subsection (3) of the principal section as the case may be;
“the Taxes Act 1988” means the Income and Corporation Taxes Act 1988.
2
For the purposes of paragraph (1) above a depositary receipt for shares or stock is an instrument acknowledging–
a
that a person holds such shares or stock or evidence of the right to receive them, and
b
that another person is entitled to rights, whether expressed as units or otherwise, in or in relation to shares or stock of the same kind, including the right to receive such shares or stock (or evidence of the right to receive them) from the person mentioned in sub-paragraph (a) above,
except that for those purposes a depositary receipt for shares or stock does not include an instrument acknowledging rights in or in relation to shares or stock if they are issued or sold under terms providing for payment in instalments and for the issue of the instrument as evidence that an instalment has been paid.
Commencement of the principal section
3
The date specified by these Regulations for the purpose of the application of the principal section to transfers made in pursuance of an arrangement mentioned in subsection (1) or (2) is 18th August 1989.
Application of subsection (3) and section 149B(9)
4
Neither subsection (3) nor section 149B(9) shall apply to a transfer, or a disposal and acquisition, made in pursuance of an arrangement mentioned in subsection (1) or (2) unless–
a
in relation to an arrangement under which the securities to be transferred are gilt-edged securities, the conditions specified in regulation 5, or
b
in relation to an arrangement under which the securities to be transferred are other United Kingdom securities, the conditions specified in regulation 6, or
c
in relation to an arrangement under which the securities to be transferred are overseas securities, the conditions specified in regulation 7,
are fulfilled.
Conditions relating to the transfer of gilt-edged securities
5
1
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (1) are–
a
that the person referred to as A in the principal section is an approved borrower;
b
that the person referred to as B in the principal section is an approved moneybroker;
c
that the arrangement takes a form approved by the Board;
d
that the contract of sale mentioned in the subsection was entered into by A in the ordinary course of his business;
e
that where A is an approved borrower by virtue of sub-paragraph (b) of the definition in paragraph (4) below, the additional conditions specified in paragraph (2) below are fulfilled.
2
The additional conditions specified in this paragraph are–
a
that the final redemption date of any security to which the arrangement relates is not more than seven years after the date on which the arrangement is made;
b
that the arrangement provides that the transfer referred to in paragraph (a) of subsection (1) of any security to which the arrangement relates is not to be effected–
i
within the three weeks before any date in an interest period which is an ex-dividend date in relation to that security where the final redemption date of that security would be more than five years after that ex-dividend date, or
ii
on any date in an interest period which is an ex-dividend date in relation to that security in any other case;
c
that the transfer referred to in paragraph (b) of subsection (1) is effected —
i
more than three weeks before any date in an interest period which is an ex-dividend date in relation to that security where the final redemption date of that security would be more than five years after that ex-dividend date, or
ii
before any date in an interest period which is an ex-dividend date in relation to that security in any other case.
3
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (2) are–
a
that B is an approved moneybroker;
b
that the person referred to as C in the principal section, and any person for whom C is acting in connection with the arrangement as an agent or nominee, is an approved lender;
c
that the arrangement takes a form approved by the Board.
4
In this regulation–
“approved borrower” means a person who, at the time when the arrangement is made–
a
is a market maker in relation to securities of the kind which are the subject of the arrangement, or
b
has a money market dealing relationship with the Bank of England and is approved by the Board as such a person for the purposes of this regulation;
“approved lender” means a person who, at the time when the arrangement is made, is approved as a lender by the Board for the purposes of this regulation;
“approved moneybroker” means a member of the Stock Exchange who, at the time when the arrangement is made, carries on business as a money broker and is approved as such by the Board for the purposes of this regulation;
“ex-dividend date” in relation to a security means the date in any interest period on which the security is first listed in The Stock Exchange Daily Official List at a price excluding the value of the interest payment next payable;
“final redemption date” means the latest date on which a security may be redeemed in accordance with the terms on which it was issued;
“interest period” means any period between the dates on which interest is payable on a security or, where no interest has yet been paid, the period between the date of issue of a security and the first date on which interest is payable on that security.
Conditions relating to the transfer of other United Kingdom securities
6
1
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (1) are–
a
that, subject to paragraph (2) below, the person referred to as A in the principal section is an approved borrower;
b
that the person referred to as B in the principal section is an approved moneybroker;
c
that the arrangement takes a form approved by the Board;
d
that, where A is an approved borrower by virtue of sub-paragraph (a) of the definition in paragraph (4) below, the contract of sale mentioned in the subsection was entered into by him in the ordinary course of his business;
e
that, where A is an approved borrower by virtue of sub-paragraph (b) of the definition in paragraph (4) below, the contract of sale mentioned in the subsection was entered into by him in the ordinary course of his business as a market maker in relation to options to buy or sell securities of the kind sold under the contract of sale;
f
that, where A is an approved borrower by virtue of sub-paragraph (c) of the definition in paragraph (4) below–
i
the contract of sale mentioned in the subsection was entered into by him in the ordinary course of his business as a market maker in relation to securities carrying rights of subscription for, or conversion into, securities of the kind sold under the contract of sale, and
ii
he will, by the time that the arrangement is to take effect, have irrevocably exercised rights of subscription for, or conversion into, a quantity of securities of the same kind as those to be transferred by B which is not less than that to be so transferred.
2
Where the securities to which an arrangement mentioned in subsection (1) relates–
a
have been issued or guaranteed by the government of any of the countries or territories which, at the time when the arrangement is made, is mentioned in Schedule 3 or Schedule 6 to the British Nationality Act 1981 , the Channel Islands, the Isle of Man or the Republic of Ireland or by a public or local authority in the United Kingdom, any such country or territory, the Channel Islands, the Isle of Man or the Republic of Ireland, or
b
are denominated in sterling and have been issued by the government of, or a public or local authority in, any other country or territory,
the condition contained in paragraph (1)(a) above has effect as if the reference to A being an approved borrower was a reference to A being an approved borrower by virtue of sub-paragraph (a) of the definition in paragraph (4) below.
3
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (2) are–
a
that B is an approved moneybroker;
b
that the person referred to as C in the principal section, and any person for whom C is acting in connection with the arrangement as a nominee, is an approved lender;
c
that the arrangement takes a form approved by the Board.
4
In this regulation–
“approved borrower” means a person who, at the time when the arrangement is made–
a
is a market maker in relation to securities of the kind which are the subject of the arrangement or similar securities, or
b
is a market maker in relation to options to buy or sell securities of the kind which are the subject of the arrangement, or
c
is a market maker in relation to securities which carry rights of subscription for, or conversion into, securities of the kind which are the subject of the arrangement,
and for the purposes of this definition securities shall be deemed to be similar if they would be so deemed for the purposes of sections 731 to 734 of the Taxes Act 1988;
“approved lender” and “approved moneybroker” have the same meanings as in regulation 5.
Conditions relating to the transfer of overseas securities
7
1
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (1) are–
a
that the person referred to as A in the principal section is an approved borrower;
b
that the person referred to as B in the principal section is an approved lender or an approved intermediary;
c
that the arrangement is approved, or takes a form approved, by the Board;
d
that the securities to which the arrangement relates are held overseas;
e
that the contract of sale mentioned in the subsection provides that A will deliver outside the United Kingdom the securities he has contracted to sell.
2
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (2) are–
a
that B is an approved intermediary;
b
that the person referred to as C in the principal section, and any person for whom C is acting in connection with the arrangement as a nominee, is an approved lender;
c
that the arrangement is approved, or takes a form approved, by the Board;
d
that the securities to which the arrangement relates are held overseas.
3
In this regulation–
“approved borrower” means a person who at the time when the arrangement is made–
is a market maker in securities of the kind which are the subject of the arrangement, or
is approved as such by the Board for the purposes of this regulation;
“approved intermediary” means a person who, at the time when the arrangement is made–
is a member of the Stock Exchange who carries on business as a money broker and is approved as such by the Board for the purposes of this regulation, or
is approved as such by the Board for the purposes of this regulation;
“approved lender” means a person who, at the time when the arrangement is made, is approved as a lender by the Board for the purposes of this regulation;
“held overseas” means held by B or C, as the case may be, in such circumstances that any interest, dividends or other annual payments payable out of or in respect of securities so held are not within the charge to tax under the Schedule referred to as Schedule C in section 17 of the Taxes Act 1988 or the charge to tax under Schedule D by virtue of section 123 of that Act .
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1989