text:
Citation, commencement and application
1
1
This Order may be cited as the Grants by Local Housing Authorities (Appropriate Percentage and Exchequer Contributions) (No. 2) Order 1988, and shall come into force on 1st September 1988.
2
This Order applies to applications for improvement, intermediate, special and repairs grants made after 1st September 1988.
Appropriate percentage for improvement grants
2
1
Subject to paragraph (3), in relation to an application for an improvement grant where one or more of the following conditions are satisfied: —
a
on the date on which the application is approved the premises in respect of which it is made are in a housing action area;
b
the application is in respect of a dwelling which is or forms part of, or is to be provided by the conversion of, a house in relation to which the local housing authority have served a notice under section 189 or 264 of the Housing Act 1985 and the relevant works consist of or include works which if executed would contribute towards rendering the house fit for human habitation;
c
the application is in respect of a dwelling which is or is to be provided by the conversion of a dwelling which is in need of works of repair of a substantial and structural character, and the relevant works consist of or include such works;
d
the application is in respect of the provision or improvement of a dwelling for a disabled occupant and the relevant works consist of or include works needed to meet a requirement arising from a particular disability from which he suffers,
the appropriate percentage is 75 per cent.
2
Subject to paragraph (3), in relation to an application for an improvement grant to which paragraph (1) does not apply, the appropriate percentage is 50 per cent. or, where the premises in respect of which the application is made are in a general improvement area, 65 per cent.
3
In relation to an application for an improvement grant, where it appears to the local housing authority that the applicant would not without undue hardship be able to finance so much of the cost of the relevant works as is not met by the grant —
a
if apart from this paragraph the appropriate percentage would be 75 per cent., it shall instead be 90 per cent.; and
b
if apart from this paragraph the appropriate percentage would be 50 per cent., it shall instead be 65 per cent.
Appropriate percentage for intermediate or repairs grants
3
1
Subject to paragraph (2), the appropriate percentage in relation to an application for intermediate or repairs grant is 75 per cent.
2
In relation to an application for intermediate or repairs grant, where it appears to the local housing authority that the applicant would not without undue hardship be able to finance so much of the cost of the relevant works as is not met by the grant, the appropriate percentage shall be 90 per cent.
Appropriate percentage for special grants
4
1
Subject to paragraph (3), in relation to an application for special grant in respect of a house in multiple occupation in relation to which the local housing authority have served a notice under section 352 or 366 of the Housing Act 1985, where the relevant works consist of works specified in that notice and which relate to the provision of standard amenities or the provision of means of escape from fire, the appropriate percentage is 20 per cent.
2
Subject to paragraph (3), in relation to an application for special grant to which paragraph (1) does not apply, the appropriate percentage shall be 75 per cent., unless it appears to the local housing authority that the amenities provided exceed the provision that they consider to be necessary to make the house in multiple occupation reasonably suitable for occupation by the number of individuals or households for the time being occupying it, and the works do not include means of escape from fire, in which case the appropriate percentage shall be —
a
65 per cent., where the premises in respect of which the application is made are in a general improvement area, or
b
50 per cent., in any other case.
3
In relation to an application for special grant, where it appears to the local housing authority that the applicant would not without undue hardship be able to finance so much of the cost of the relevant works as is not met by the grant —
a
if apart from this paragraph the appropriate percentage would be 75 per cent. or 20 per cent., it shall instead be 90 per cent., and
b
if apart from this paragraph the appropriate percentage would be 50 per cent., it shall instead be 65 per cent.
Contributions by the Secretary of State
5
With respect to applications for improvement, intermediate, special and repairs grant approved after 1st September 1988, the percentages specified in subsection (3) of section 516 of the Housing Act 1985 are varied in the following description of cases: —
a
in paragraph (a), by the substitution of 75 per cent. in respect of cases in which in accordance with article 2 or 4 of this Order the appropriate percentage is 65 per cent.;
b
in paragraph (b), by the substitution of 90 per cent. in respect of cases in which in accordance with article 2, 3 or 4 of this Order the appropriate percentage is 75 per cent. or 90 per cent.
Signed by authority of the Secretary of State
Nicholas Ridley
Secretary of State for the Environment
1st August 1988
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
1st August 1988
We consent,
Michael Neubert
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd August 1988


type: legislation

jurisdiction: UK

text:
1
For the purpose of connecting the motorway with other highways, so as to effect junctions at the places stated in the schedule hereto, the Secretary of State is authorised to provide along the routes described in that schedule special roads for the use of traffic at Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre lines of the special roads are indicated by heavy black lines on the deposited plan.
3
The special roads 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 motorway” means the (M1) London& — Yorkshire Special Road (M1 Motorway);
ii
“the deposited plan” means the plan numbered HA16/EM1 marked “The M1 Motorway (Rothersthorpe Service Area Connecting Roads) Scheme 1988” signed by authority of the Secretary of State and depositedat the Department of Transport, Romney House,43 Marsham Street, London, SW1P 3PY;
iii
“the special roads” means all the special roads which the Secretary of State is authorised by this scheme to provide; and
iv
“slip road” means a slip road which the Secretary of State is authorised by the (A43) Oxford& — Market Deeping Trunk Road (Blisworth and Milton Malsor Bypass and Slip Roads to Rothersthorpe Service Area) Order 1988 to provide.
5
This Scheme shall come into force on 5th January 1989 and may be cited as the M1 Motorway (Rothersthorpe Service Area Connecting Roads) Scheme 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional DirectorEast Midlands Region
Department of Transport
5th December 1988


text:
Citation and commencement
1
1
These Regulations may be cited as the Collection and Disposal of Waste Regulations 1988.
2
This regulation, regulations 2, 5, 10 and 11, and, so far as they relate to the provisions of sections 12 to 14, regulations 3, 6 and 7, shall come into force on 6th June 1988. The remainder of these regulations shall come into force on 3rd October 1988.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Control of Pollution Act 1974;
“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947 ;
“agricultural purposes” means the growing of commercial food crops including the growing of such crops for stock-rearing purposes;
“camp site” means land on which tents are pitched for the purposes of human habitation and land the use of which is incidental to land on which tents are so pitched;
“clinical waste” includes —
any waste which consists wholly or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which unless rendered safe may prove hazardous to any person coming into contact with it; and
any other waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;
“construction” includes improvement, repair or alteration;
“container” includes a container in or on a vehicle, and a receptacle within the meaning of section 13;
“liquid waste” means waste which in the conditions under which it is handled will flow and can be transferred by pump, and includes leachate from waste;
“sewage sludge” means the residue produced at a sewage treatment works which is not discharged with the treated effluent;
“special waste” has the meaning given to it in the Control of Pollution (Special Waste) Regulations 1980 ;
“waste oil” means mineral or synthetic oil, which is contaminated, spoiled or otherwise unfit for its original purpose;
“waste solvent” means solvent which is contaminated, spoiled or otherwise unfit for its original purpose.
2
Any reference in these Regulations to a section is, except where the context otherwise requires, a reference to a section of the Act.
3
Any reference in these Regulations to waste does not include a reference to waste from any mine or quarry or to waste from premises used for agriculture.
Waste to be treated as household waste
3
Waste of the descriptions set out in Schedule 1 shall be treated as household waste for the purposes of all the provisions of Part I of the Act.
Waste not to be treated as household waste
4
Waste of the following descriptions shall not be treated as household waste for the purposes of section 4(2) (disposal of household waste within the curtilage of a private dwelling) —
a
any mineral or synthetic oil or grease;
b
asbestos; and
c
clinical waste.
Charges for the collection of household waste
5
The collection of any of the types of household waste set out in Schedule 2 is prescribed for the purposes of section 12(3) as a case in respect of which a charge for collection may be made.
Waste to be treated as industrial waste
6
Waste of the descriptions set out in Schedule 3 shall be treated as industrial waste for the purposes of all the provisions of Part I of the Act.
Waste to be treated as commercial waste
7
Waste of the descriptions set out in Schedule 4 shall be treated as commercial waste for the purposes of all the provisions of Part I of the Act.
Licence required for the use of plant or equipment for dealing in a prescribed manner with controlled waste
8
The manners of dealing with controlled waste set out in Schedule 5 are prescribed for the purposes of section 3(1)(b).
Cases where disposal licence not required
9
1
Subject to the provisions of paragraphs (2) and (3), the cases set out in Schedule 6 are prescribed for the purposes of section 3(1) as cases in which a disposal licence is not required for the deposit of controlled waste on land, or for the use of plant or equipment for the purpose of disposing of such waste, or for the use of plant or equipment for the purpose of dealing with such waste in a manner prescribed by regulation 8.
2
Paragraphs 1 to 17 of Schedule 6 do not apply where the presence of the waste on land is liable to give rise to an environmental hazard within the meaning of section 4(5).
3
Paragraphs 1 to 14, 16 and 17 of Schedule 6 do not apply where the waste is special waste.
Appeals under section 10(1)
10
1
A person (“the appellant”) appealing to the Secretary of State under section 10(1) against a decision of a disposal authority (“the authority”) shall give notice of appeal to the Secretary of State within six months from —
a
the date of the decision which is the subject of the appeal; or
b
the date on which the authority is deemed by section 6(5) to have rejected the application;or within such longer period as the Secretary of State may allow.
2
The appellant shall give notice of appeal on the form set out in Schedule 7, and the notice shall have annexed to it a statement of the grounds on which the appeal is made.
3
The appellant shall send to the Secretary of State with the notice of appeal two copies of the following documents —
a
where the appeal is made pursuant to section 10(1)(a) or (b), the application and plans, drawings, particulars or other documents submitted in support of the application;
b
where the appeal is against a refusal to modify an existing disposal licence or is made pursuant to section 10(1)(b), (c) or (d), the disposal licence;
c
any other consent, determination or notice given by the authority which is relevant to the appeal;
d
any planning permission which is in force and relates to the use of the relevant land, plant or equipment; and
e
any other correspondence or other document that is relevant to the appeal.
4
The appellant shall send to the authority a copy of the notice of appeal, including the statement of grounds, and a copy of any other document submitted by him to the Secretary of State.
Revocations
11
1
Regulations 5, 6, 7 and 8 of the Control of Pollution (Licensing of Waste Disposal) Regulations 1976 shall be revoked on 6th June 1988, and the remainder of those Regulations shall be revoked on 3rd October 1988.
2
Regulation 2(d) of the Control of Pollution (Licensing of Waste Disposal) (Amendment) Regulations 1977 shall be revoked on 6th June 1988, and the remainder of those Regulations shall be revoked on 3rd October 1988.
Nicholas Ridley
Secretary of State for the Environment
29th April 1988
Peter Walker
Secretary of State for Wales
3rd May 1988


text:
1
This Order may be cited as the Pilotage Act 1987 (Commencement No. 3) Order 1988.
2
Section 29 of the Act shall come into force on 1st August 1988.
3
The day appointed for the coming into force of Part I of the Act shall be 1st October 1988.
4
The remaining provisions of the Act, other than those already in force or listed in the Schedule hereto shall come into force on 1st October 1988.
Signed by Authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
29th June 1988


text:
1
The Secretary of State is hereby 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 special road extending from a point 40 metres east of the boundary between the London Borough of Hackney and the London Borough of Newham to a point 65 metres east of that point.
2
The centre line of that special road is indicated by a heavy black line on the plan folio numbered HA 16/1EC/52 marked “The A102(M) Motorway (Eastway Section) No. 2 Scheme 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 2PY.
3
The special road shall become a trunk road on the date when this Scheme comes into force.
4
This Scheme shall come into force on 3rd November 1988 and may be cited as the A102(M) Motorway (Eastway Section) No. 2 Scheme 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
26th October 1988


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Compensation for Restrictions on Mineral Working) (Amendment) Regulations 1988 and shall come into force on the day after the day on which they are approved by resolution of each House of Parliament.
Increased multiplier for compensation
2
In paragraph 7 of Schedule 1 to the Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985 for the figure “0.0108225” there shall be substituted “0.0428339”.
Nicholas Ridley
Secretary of State for the Environment
18th February 1988
Peter Walker
Secretary of State for Wales
18th February 1988
We consent,
Michael Neubert
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
24th February 1988


text:
1
1
These Regulations may be cited as the Wireless Telegraphy (Broadcast Licence Charges and Exemption) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
The Wireless Telegraphy (Broadcast Licence Charges and Exemption) (Amendment) Regulations 1985 are hereby revoked.
2
Schedules 3 and 4 to the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984 shall be amended as follows —
a
for “£18” in each place where it occurs there shall be substituted “£21”; and
b
for “£58” in each place where it occurs there shall be substituted “£62.50” .
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
26th February 1988
We consent to these Regulations.
Mark Lennox-Boyd
Michael Neubert
Two of the Commissioners of Her Majesty’s Treasury
29th February 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment No. 4 Regulations 1988 and shall come into force on 5th December 1988.
2
In these Regulations “the General Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) for the definition of “polygamous marriage” there shall be substituted the following definition —
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
.
Amendment of regulation 5 of the General Regulations
3
In regulation 5(9) of the General Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) in paragraph (b) of the definition of “residential accommodation” there shall be added at the end the words “where board is available to the claimant”.
Amendment of regulation 8 of the General Regulations
4
In regulation 8(2)(b)(ii) of the General Regulations (eligible housing costs) for the word “or;” there shall be substituted the words “where board is available to the claimant; or”.
Amendment of regulation 10 of the General Regulations
5
In regulation 10(1)(i) of the General Regulations (rent) after the words “a dwelling” there shall be inserted the words “which is a building or part of one”.
Amendment of regulation 21 of the General Regulations
6
In regulation 21(2) of the General Regulations (calculation of income on a weekly basis) for the words “regulations 27(3)” to the end of that regulation there shall be substituted the words “regulations 34 and 35 (capital treated as income and notional income).”.
Omission of regulation 27 of the General Regulations
7
Regulation 27 of the General Regulations (treatment of charitable or voluntary payments) shall be omitted.
Amendment of regulation 33 of the General Regulations
8
In regulation 33(1) of the General Regulations (calculation of income other than earnings) for the words “regulation 27(3) and 34 (charitable or voluntary payments and capital treated as income)” there shall be substituted the words “regulation 34 (capital treated as income)”.
Amendment of regulation 35 of the General Regulations
9
In regulation 35 of the General Regulations (notional income) —
a
for paragraph (3) there shall be substituted the following paragraph —
3
Any payment of income, other than a payment of income made under the Macfarlane Trust or the Independent Living Fund, made —
a
to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, eligible rent or rates or both, of that single claimant or, as the case may be, of any member of that family;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
;
b
after paragraph (7) there shall be added the following paragraph —
8
In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
Amendment of regulation 38 of the General Regulations
10
In regulation 38(1) of the General Regulations (calculation of capital) for the words “regulations 27(2) and 40 (treatment of charitable or voluntary payments and income treated as capital)” there shall be substituted the words “regulation 40 (income treated as capital)”.
Amendment of regulation 40 of the General Regulations
11
In regulation 40 of the General Regulations (income treated as capital) —
a
in paragraph (1) the word “annual” shall be omitted; and after the word “applies” there shall be inserted the words “and paid at intervals of at least one year”;
b
in paragraph (4) for the words “or 13” there shall be substituted the words “, 13 or 24 to 27”.
Amendment of regulation 43 of the General Regulations
12
In regulation 43 of the General Regulations (notional capital) —
a
for paragraph (3) there shall be substituted the following paragraph —
3
Any payment of capital, other than a payment of capital made under the Macfarlane Trust or the Independent Living Fund, made —
a
to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, eligible rent or rates or both, of that single claimant or, as the case may be, of any member of that family;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
;
b
after paragraph (6) there shall be added the following paragraph —
7
In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
Amendment of regulation 44 of the General Regulations
13
In regulation 44 of the General Regulations (capital jointly held) at the end there shall be added the words “and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.”.
Amendment of regulation 45 of the General Regulations
14
In regulation 45(3) of the General Regulations (calculation of tariff income from capital) for the words “regulations 27(2) and 40 (charitable or voluntary payments and income treated as capital)” there shall be substituted the words “regulation 40 (income treated as capital)”.
Amendment of regulation 46 of the General Regulations
15
In regulation 46 of the General Regulations (interpretation) in the definition of “education authority” after the words “Education (Scotland) Act” there shall be inserted “1980”.
Amendment of regulation 66 of the General Regulations
16
In regulation 66 of the General Regulations (benefit period) —
a
in paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraph (3A) or (4)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Where, in Scotland, an award is made in consequence of a claim made in the period from 5th December 1988 to 31st March 1989 the benefit period shall not exceed 80 benefit weeks.
.
Amendment of regulation 105 of the General Regulations
17
In regulation 105(1) of the General Regulations (recovery of overpayments from prescribed benefits) sub-paragraph (d) shall be omitted.
Amendment of Schedule 2 to the General Regulations
18
In Schedule 2 to the General Regulations (applicable amounts) —
a
in paragraph 12 —
i
in sub-paragraph (1)(a)(i) after the words “of that Act” there shall be inserted the words “but, in the case of invalidity pension or severe disablement allowance only where it is paid in respect of him”;
ii
in sub-paragraph (1)(b) for the words “a period” there shall be substituted the words “a continuous period”;
iii
after sub-paragraph (4) there shall be added the following sub-paragraph —
5
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 .
;
b
after paragraph 14 there shall be inserted the following paragraph —
Persons in receipt of concessionary payments
14A
For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.
.
Amendment of Schedule 3 to the General Regulations
19
In Schedule 3 to the General Regulations (sums to be disregarded in the calculation of earnings) —
a
for paragraphs 1 and 2 there shall be substituted the following paragraphs —
1
In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged —
a
any earnings paid or due to be paid in respect of that employment which has been terminated —
i
by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions;
ii
otherwise than by retirement except earnings, to which regulation 28(1)(b) to (e) and (g) to (i) (earnings of employed earners) applies;
b
any earnings paid or due to be paid in respect of that employment which has been interrupted except earnings to which regulation 28(1)(d) and (e) applies.
2
In the case of a claimant who has been engaged in part-time employment as an employed earner or had the employment been in Great Britain would have been so engaged before he made a claim for housing benefit, any earnings paid or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made except earnings to which regulation 28(1)(e) applies.
;
b
in paragraph 3 —
i
in sub-paragraph (1)(b)(ii) for the words “he has attained the age of 60 and immediately before attaining that age” there shall be substituted the words “he or his partner has attained the age of 60 and immediately before attaining that age either”;
ii
in sub-paragraph (1)(b)(iii) for the words “he has” there shall be substituted the words “either he or his partner has”.
Amendment of Schedule 4 to the General Regulations
20
In Schedule 4 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 15 —
i
in sub-paragraph (1) for the words “or 13” there shall be substituted the words “, 13 or 24 to 27”;
ii
in sub-paragraph (2) for the words “or 4” there shall be substituted the words “, 4 or 24 to 27”;
b
in paragraph 24 for the words “section 12” there shall be substituted the words “section 21”;
c
after paragraph 35 there shall be added the following paragraphs —
36
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supple-mentary Benefit (Requirements) Regulations 1983 .
37
Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987 .
38
Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
39
Any housing benefit in the form of a community charge rebate.
.
Amendment of Schedule 5 to the General Regulations
21
In Schedule 5 to the General Regulations (capital to be disregarded) —
a
in paragraph 2 after the words “intends to occupy” there shall be inserted the words “as his home”;
b
for paragraph 4 there shall be substituted the following paragraph —
4
Any premises occupied in whole or in part —
a
by a partner or relative of any member of the family where that person is either aged 60 or over or incapacitated;
b
by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.
;
c
for paragraph 26 there shall be substituted the following paragraph —
26
Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
;
d
after paragraph 28 there shall be added the following paragraphs —
29
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
30
The value of the right to receive an occupational pension.
31
The value of the right to receive any rent.
32
Any payment in kind made by a charity.
33
Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) as a training bonus to a person participating in an arrangement for training made under that section, but only for a period of 52 weeks from the date of the receipt of that payment.
34
Any housing benefit in the form of a community charge rebate.
.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
10th November 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations “the General Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) there shall be inserted after the definition of “terminal date” the following definition —
“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
.
Amendment of regulation 4 of the General Regulations
3
In regulation 4(2)(c) of the General Regulations (temporary absence from Great Britain) at the end there shall be added the following —
or
v
on the day on which the absence began he was, and had for the previous 28 weeks at least been, continuously incapable of work.
.
Amendment of regulation 5 of the General Regulations
4
In regulation 5(4) of the General Regulations (persons treated as engaged in remunerative work) after the word “applies” there shall be inserted the words “or applied”.
Amendment of regulation 6 of the General Regulations
5
In regulation 6(e) of the General Regulations (persons not treated as engaged in remunerative work) after the word “applies” there shall be inserted the words “or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)”.
Amendment of regulation 8 of the General Regulations
6
In regulation 8 of the General Regulations (persons not required to be available for employment) after paragraph (2) there shall be added the following paragraph —
3
A person, other than one to whom regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 applies, shall, for any period when —
a
he would, were he required to be available for employment, not be treated as so available under regulation 9(1); and
b
the adjudication officer is satisfied that, unless income Support is paid, the claimant or a member of his family (if any) will suffer hardship,
not be required to be available for employment.
.
Amendment of regulation 10 of the General Regulations
7
In regulation 10(2) of the General Regulations (circumstances in which claimants are not to be treated as available for employment) for “13” wherever it appears there shall be substituted “26”.
Amendment of regulation 16 of the General Regulations
8
In regulation 16 of the General Regulations (circumstances in which a person is to be treated as being or not being a member of the household) —
a
in paragraph (1) for the words “where any of them” there shall be substituted the words “notwithstanding that any of them”;
b
in paragraph (2) at the end there Shall be added the words “unless that person has been a patient within the meaning of regulation 21(3) for a period in excess of 52 weeks and is not a member of a couple or of a polygamous marriage”;
c
in paragraph (3)(c) for the words “paragraph (a)” there shall be substituted the words “in any of sub-paragraphs (a) to (d)”;
d
in paragraph (5) —
i
for the words “and he” there shall be substituted the words “and who”;
ii
in sub-paragraph (b) for the words “residential accommodation” there shall be substituted the words “accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3)”.
Amendment of regulation 19 of the General Regulations
9
In regulation 19 of the General Regulations (applicable amounts for persons in residential care and nursing homes) —
a
for paragraph (1) there shall be substituted the follow paragraphs —
1
Subject to regulation 22 (reduction of applicable amounts) where —
a
the claimant lives in a residential care home or nursing home; or
b
if the claimant is a member of a family, he and the members of his family live in such a home,
his weekly applicable amount shall, except in a case to which regulation 21 (applicable amounts in special cases) or Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.
1A
For the purposes of paragraph (1)(b) a claimant and the members of his family are to be taken as living in a residential care home or nursing home even during periods when one or more members of the family are temporarily absent from the home but only if the claimant or his partner is living in the home during any such period.
;
b
in paragraph (3) —
i
in the definition of “residential care home” for sub-paragraph (a)
there shall be substituted the following sub-paragraph —
a
which is required to be registered under Part I of the Registered Homes Act 1984 and is so registered; or
and in sub-paragraph (b) at the beginning there shall be inserted the words “in England or Wales,”;
ii
in the definition of “temporary absence” at the beginning of sub-paragraph (a) there shall be inserted the words “in paragraph (2) or”.
Amendment of regulation 20 of the General Regulations
10
For paragraph (1) of regulation 20 of the General Regulations (applicable amounts for persons in board and lodging accommodation and hostels) there shall be substituted the following paragraphs —
1
Subject to regulation 22 (reduction of applicable amounts) where —
a
the claimant lives in board and lodging accommodation or a hostel; or
b
if the claimant is a member of a family, he and the members of his family live in such accommodation,
his weekly applicable amount shall, except in a case to which regulation 21 (special cases) or Part II of Schedule 5 (persons to whom regulation 20 does not apply) applies, be calculated in accordance with Part I of that Schedule.
1A
For the purposes of paragraph (1)(b) claimant and the members of his family are to be taken as living in board and lodging accommodation or a hostel even during periods when one or more members of the family are temporarily absent from the accommodation but only if the claimant or his partner is living in the accommodation during any such period.
.
Amendment of regulation 22 of the General Regulations
11
In regulation 22 of the General Regulations (reductions in applicable amounts in certain cases of actual or notional benefit disqualification) —
a
in paragraph (5) after “8(2)” there shall be inserted the words “or 8(3)”;
b
except where a person’s applicable amount would otherwise be calculated subject to the modification made by regulation 8(3) of the Income Support (Transitional) Regulations 1987 (treatment for income Support purposes of periods relating to supplementary benefit), in paragraph (6) for “13” wherever it appears there shall be substituted “26”.
Amendment of regulation 24 of the General Regulations
12
In regulation 24 (treatment of charitable or voluntary payments) —
a
in paragraph (1) the words from and including “, other than one” to and including “applies,” shall be omitted;
b
for paragraph (5) there shall be substituted the following paragraph —
5
This regulation shall not apply —
a
to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work) or to a member of his family;
b
to a payment —
i
which is or is due to be made at regular intervals;
ii
to which regulation 44(2) (modifications in respect of children and young persons) applies; or
iii
made under the Macfarlane Trust.
.
Substitution of regulation 27 of the General Regulations
13
For regulation 27 of the General Regulations (disregarding fractions) there shall be substituted the following regulation —
Rounding of fractions
27
Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.
.
Amendment of regulation 31 of the General Regulations
14
In regulation 31(2) of the General Regulations (date on which income is treated as paid) for the words “it is paid” there shall be substituted the words “it is payable”.
Amendment of regulation 32 of the General Regulations
15
In regulation 32 of the General Regulations (calculation of weekly amount of income) —
a
in paragraph (1) the words “and regulation 34 (incomplete benefit weeks)”, shall be omitted;
b
in paragraph (4)(a) for the word “paid” there shall be substituted “payable”.
Omission of regulation 34 of the General Regulations
16
Regulation 34 of the General Regulations (incomplete weeks of benefit) shall be omitted.
Amendment of regulation 35 of the General Regulations
17
In regulation 35(1)(d) of the General Regulations (earnings of employed persons) for the words from and including “, and for so long as” to the end there shall be substituted the words “section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).”.
Amendment of regulation 41 of the General Regulations
18
In regulation 41(3) of the General Regulations (capital treated as income) for the words “and for so long as it applies” there shall be substituted the words “or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).”.
Amendment of regulation 42 of the General Regulations
19
In regulation 42 of the General Regulations (notional income) —
a
in paragraph (2) for the words “it would be so acquired” there shall be substituted the words “it could be expected to be acquired were an application made”;
b
in paragraph (4) —
i
at the beginning for the words “Any payment of income” there shall be substituted the words “Any payment of income, other than a payment of income made under the Macfarlane Trust,”;
ii
in Sub-paragraph (a)(ii) after the words “17(e) or 18(f) (housing costs)” there shall be inserted the words “or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or in board and lodging accommodation or hostels)”.
Amendment of regulation 44 of the General Regulations
20
In regulation 44 of the General Regulations (modifications in respect of children and young persons), after paragraph (8) there shall be added the following paragraph —
9
For the purposes of this regulation, a child or young person shall not be treated as present at his educational establishment on any day if on that day he spends the night with the claimant or a member of his household.
.
Amendment of regulation 48 of the General Regulations
21
For paragraph (6) of regulation 48 (income treated as capital) there shall be substituted the following paragraph —
6
Paragraph (5) shall not apply to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) (effect of return to work).
.
Amendment of regulation 51 of the General Regulations
22
In regulation 51 of the General Regulations (notional capital) —
a
in paragraph (2) for the words “it would be so acquired” there shall be substituted the words “it could be expected to be acquired were an application made”;
b
in paragraph (3) —
i
at the beginning for the words “Any payment of capital” there shall be substituted the words “Any payment of capital, other than a payment of capital made under the Macfarlane Trust,”;
ii
in sub-paragraph (a)(ii) after the words “17(e) or 18(f) (housing costs)” there shall be inserted the words “or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or in board and lodging accommodation or hostels);”;
c
after paragraph (6) there shall be added the following paragraph —
7
For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.
.
Amendment of regulation 54 of the General Regulations
23
In regulation 54 of the General Regulations (liable relatives) in the definition of “payment” for the words “it would be so acquired” there shall be substituted the words “it could be expected to be acquired were an application made”.
Amendment of regulation 62 of the General Regulations
24
In regulation 62 of the General Regulations (calculation of grant income) —
a
in paragraph (3) after the words “grant income” there shall be inserted the words “, except any amount intended for the maintenance of dependants under Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 or intended for an older student under Part 4 of that Schedule,”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.
.
Amendment of regulation 71 of the General Regulations
25
In regulation 71 of the General Regulations (applicable amount in urgent cases) —
a
in paragraph (1)(a) for the words “sub-paragraph (b) or (c)” there shall be substituted the words “sub-paragraph (b), (c) or (d),”;
b
after paragraph (1)(c) there shall be added the following sub-paragraph —
d
except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 17, in column (1) of Schedule 7 (special cases) applies, the amount shall be 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable —
i
any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance.e with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;
ii
any premium under paragraph 9 or l0 of Schedule 2; and
iii
any housing costs under regulation 17(e)
or 18(f).
;
c
after paragraph (2) there shall be added the following paragraph —
3
Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.
.
Amendment of regulation 72 of the General Regulations
26
In regulation 72(1)(a) of the General Regulations (assessment of income and capital in urgent cases) after the words “any income” there shall be inserted the words “, other than income-disregarded under paragraph 39 of Schedule 9 (income to be disregarded),”.
Insertion of Part VII into the General Regulations
27
After Part VI of the General Regulations (urgent cases) there shall be inserted the following Part —
PART VII
CALCULATION OF INCOME SUPPORT FOR PART-WEEKS
Amount of income support payable
73
1
Subject to regulations 75 (modifications in income) and 76 (reduction in certain cases), where a claimant is entitled to income support for a period (referred to in this Part as a part-week) to which subsection (1A) of section 21 of the Act (amount etc. of income-related benefit ) applies, the amount of income support payable shall, except where paragraph (2) applies, be calculated in accordance with the following formulae —
a
if the claimant has no income,
N × A 7 ;
b
if the claimant has income,
( N × ( A - I ) 7 ) - B.
2
Subject to regulations 75 and 76, in the case of a claimant to whom regulation 19 or, as the case may be, 20 (persons in residential care or nursing homes or board and lodging accommodation or hostels) applies, where the weekly charge for the accommodation is due to be paid during a part-week to which regulation 74(1)(a) or (b) applies, the amount of income Support payable shall be calculated in accordance with the following formulae —
a
if the claimant has no income, A;
b
if the claimant has income, (A − I) − B.
3
In this Regulation —
“A”, Subject to paragraph (4), means the claimant’s weekly applicable amount in the relevant week;
“B” means the amount of any income support, unemployment benefit, sickness or invalidity benefit, or severe disablement allowance payable in respect of any day in the part-week;
“I” means his weekly income in the relevant week less B;
“N” means the number of days in the part-week;
“relevant week” means the period of 7 days determined in accordance with regulation 74.
4
In a case to which paragraph (2) applies, a claimant’s weekly applicable amount shall be —
a
where the weekly charge for the accommodation includes all meals, the aggregate of the following amounts —
i
the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 or, as the case may be, Schedule 5; and
ii
the amount calculated in accordance with the formula —
( N × P ) 7 + ( N × H ) 7 ;
b
where the weekly charge for the accommodation does not include all meals, the aggregate of the following amounts':
i
the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 or, as the case may be, Schedule 5 less M; and
ii
the amount calculated in accordance with the formula —
( N × M ) 7 + ( N × P ) 7 + (N x H) 7
.
5
In paragraph (4) —
“H” means the weekly amount determined in accordance with paragraph 1(1)(c) of Schedule 4 or, as the case may be, Schedule 5;
“M” means the amount of the increase for meals calculated on a weekly basis in accordance with paragraph 2 of Schedule 4 or, as the case may be, Schedule 5;
“P” means the weekly amount for personal expenses determined in accordance with paragraph 13 of Schedule 4 or, as the case may be, paragraph 11 of Schedule 5.
Relevant week
74
1
Where the part-week —
a
is the whole period for which income support is payable or occurs at the beginning of the claim, the relevant week is the period of 7 days ending on the last day of that part-week; or
b
occurs at the end of the claim, the relevant week is the period of 7 days beginning on the first day of that part-week.
2
Where during the currency of a claim the claimant makes a claim for a relevant social security benefit within the meaning of paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 and as a result his benefit week changes, for the purpose of calculating the amount of income support payable —
a
for the part-week beginning on the day after his last complete benefit week before the date from which he makes a claim for the relevant social security benefit and ending immediately before that date, the relevant week is the period of 7 days beginning on the day after his last complete benefit week (the first relevant week);
b
for the part-week beginning on the date from which he makes a claim for the relevant social security benefit and ending immediately before the start of his next benefit week after the date of that claim, the relevant week is the period of 7 days ending immediately before the start of his next benefit week (the second relevant week).
3
Where during the currency of a claim the claimant’s benefit week changes at the direction of the Secretary of State under paragraph 3 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987, for the purpose of calculating the amount of income Support payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning On the day after the last complete benefit week.
Modifications in the calculation of income
75
For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant is treated as possessing under section 22(5) of the Act or regulation 23(3) shall be calculated in accordance with Part V and, where applicable, VI subject to the following modifications —
a
any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;
b
any income Support, unemployment benefit, Sickness or invalidity benefit, or severe disablement allowance under the Social Security Act payable in the relevant week but not in respect of any day in the part-week shall be disregarded;
c
where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;
d
where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 5(5) (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;
e
where regulation 74(2) (relevant week) applies, any payment of income which —
i
is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
ii
is payable in respect of a period not exceeding a week; and
iii
is due to be paid on a day which falls within both the first and second relevant weeks,
shall be taken into account in either the first relevant week or, if it is impracticable to take it into account in that week, in the second relevant week; but this paragraph shall not apply to a payment of income support, unemployment benefit, sickness or invalidity benefit or severe disablement allowance under the Social Security Act;
f
where regulation 74(2) applies, any payment of income which —
i
is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
ii
is payable in respect of a period exceeding a week but not exceeding 2 weeks; and
iii
is due to be paid on a day which falls within both the first and second relevant weeks,
shall be disregarded; but this sub-paragraph shall not apply to a payment of income support, unemployment benefit, sickness or invalidity benefit, or severe disablement allowance under the Social Security Act;
g
where regulation 74(2) applies, if the weekly amount of any income which is due to be paid on a day which falls within both the first and second relevant weeks is more than the weekly amount of income of the same kind due to be paid in the last complete benefit week, the excess shall be disregarded;
h
where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.
Reduction in certain cases
76
There shall be deducted from the amount of income support which would, but for this regulation, be payable for a part-week —
a
in the case of a claimant to whom regulation 22(1) or (2) (reductions in weekly applicable amounts in certain cases of unemployment benefit disqualification) applies, the proportion of the relevant amount specified therein appropriate to the number of days in the part-week;
b
where regulation 75(f) (modifications in the calculation of income) applies, one-half of the amount disregarded under regulation 75(f) less the weekly amount of any disregard under Schedule 8 or 9 appropriate to that payment.
Modification of section 23(5) of the Act
77
Where income support is payable for a part-week, section 23(5) of the Act (trade disputes) shall have effect as if the following paragraph were substituted for paragraph (b) —
b
any payment by way of income support for a part-week which apart from this paragraph would be made to him, or to a person whose applicable amount is aggregated with his —
i
shall not be made if the payment for that part-week is equal to or less than the proportion of the relevant sum appropriate to the number of days in the part-week; or
ii
if it is more than that proportion, shall be made at a rate equal to the difference.
.
Amendment of Schedule 1 to the General Regulations
28
In paragraph 19 of Schedule 1 to the General Regulations (persons not required to be available for employment) for the words from and including “section 23(8)” to the end there shall be substituted the words “section 23A(b) of the Act (effect of return to work).”.
Amendment of Schedule 2 to the General Regulations
29
In Schedule 2 to the General Regulations (applicable amounts) —
a
in paragraph 10 after the words “paragraph 12(1)(a)” wherever they appear there shall be inserted the words “or (c)”;
b
in paragraph 11 —
i
in sub-paragraph (b)(i) for the words “12(1)(a) or (b)” there shall be substituted the words “12(1)(a), (b) or (c)”;
ii
in sub-paragraph (b)(ii) after “12(1)(a)” there shall be inserted the words “or (c)”;
c
in paragraph 12 —
i
in sub-paragraph (1)(a)(i) after the words “that Act” there shall be inserted the following words “but, in the case of invalidity pension or severe disablement allowance only where it is paid in respect of him”;
ii
in sub-paragraph (1)(b) for the words “a period” there shall be substituted the words “a continuous period”.
d
after sub-paragraph (3) of paragraph 13 there shall be inserted the following sub-paragraph —
3A
For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of —
a
attendance allowance if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
b
invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.
.
e
in paragraph 15(5)(b)(i) at the end there shall be added the words “or if he or any partner satisfies that condition only by virtue of paragraph 13(3A)”.
Amendment of Schedule 3 to the General Regulations
30
In Schedule 3 to the General Regulations (housing costs) —
a
for sub-paragraph (c) of paragraph 1 there shall be substituted the following sub-paragraph —
c
payments by way of rent or ground rent relating to a long tenancy and, in Scotland, payments by way of feu duty,
;
b
in paragraph 7(1)(b) at the beginning there shall be inserted the words “except where sub-paragraph (1)(a) applies,”.
Amendment of Schedule 4 to the General Regulations
31
In Schedule 4 to the General Regulations (persons in residential care and nursing homes) —
a
paragraph 4 shall be omitted;
b
for paragraph 14 there shall be substituted the following paragraph —
14
A claimant or, if he is a member of a family, the claimant and the members of his family where the accommodation and meals (if any) of the claimant or, as the case may be, the claimant and the members of his family are provided in whole or in part by a close relative of his or of any member of his family, or other than on a commercial basis.
.
Amendment of Schedule 5 to the General Regulations
32
In Schedule 5 to the General Regulations (persons in board and lodging accommodation or hostels) —
a
paragraph 4 shall be omitted;
b
for paragraph 12 there shall be substituted the following paragraph —
12
A claimant or, if he is a member of a family, the claimant and the members of his family where the accommodation and meals (if any) of the claimant or, as the case may be, the claimant and the members of his family are provided in whole or in part by a close relative of his or of any member of his family, or other than on a commercial basis.
.
Amendment of Schedule 7 to the General Regulations
33
In Schedule 7 to the General Regulations (special cases) —
a
in column (1), in paragraphs 9 and 10, Sub-paragraph (c) in each of those paragraphs shall be omitted;
b
after paragraph 10 there shall be inserted the following paragraphs —
Single claimants temporarily in local authority accommodation
10A
Except where paragraph 10B(4) applies, a single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) (special cases).
10A
The applicable amount in respect of him prescribed under regulation 17.
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation
10B
—
1
A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) (special cases).
1
The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 17, 19, 20 or 21 and in respect of the other member, £41.15 of which £32.90 is in respect of the cost of the accommodation and £8.25 for personal expenses.
2
A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).
2
The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home £41.15 of which £32.90 is in respect of the accommodation and £8.25 for personal expenses.
3
A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1).
3
For each member of that couple or marriage £41.15, of which £32.90 is in respect of the accommodation and £8.25 for personal expenses plus, if appropriate, the amount applicable under regulation 17(e) or 18(f).
4
A claimant who is a member of a couple or of a polygamous marriage to whom regulation 16(1) (members of the household) does not apply by virtue of sub-paragraph (3)(c) of that regulation where the member is in accommodation referred to in subparagraph (1).
4
£41.15 of which £32.90 is in respect of the accommodation and £8.25 for personal expenses
;
c
in column (1), in paragraph 16(a) for the words “of regulation 21(3)” there shall be substituted the words “of the definition of residential accommodation in regulation 21(3)”:
d
in column 2, in paragraph 18 —
i
in paragraph (b)(ii), in case three, for the words “sub-paragraph (b)(iii)” there shall be substituted the words “Sub-paragraph (b)(ii)”;
ii
in sub-paragraph (b)(iii), in case two, for the words “sub-paragraph (b)(ii)” there shall be substituted the words “sub-paragraph (b)(iii)”;
iii
in sub-paragraph (b)(iv), in case two, for the words “a member” and “that member” there shall be substituted in both places the words “each member”;
iv
in sub-paragraph (b)(iv), in case four, for the words from and including “and the member of the couple” to and including “lone parent patient” there shall be substituted the words “remaining in the accommodation and the members of the couple or polygamous marriage”.
Amendment of Schedule 8 to the General Regulations
34
Schedule 8 to the General Regulations (sums to be disregarded in the calculation of earnings) —
a
in paragraphs 1 and 2 after the words “as an employed earner” there shall be inserted the words “or, had the employment been in Great Britain, would have been so engaged”;
b
in paragraph 3 after the words “as a self-employed earner” there shall be inserted the words “or, had the employment been in Great Britain, would have been so engaged”.
Amendment of Schedule 9 to the General Regulations
35
In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 4 there shall be inserted the following paragraph —
4A
In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternIty pay under Part VI of the Social Security (Northern Ireland) Order 1986 —
a
any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 ;
b
one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.
b
for paragraph 13 there shall be substituted the following paragraph —
13
In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section —
a
any travelling expenses reimbursed to the claimant;
b
any living away from home allowance under section 2(2)(d) of that Act but only to the extent that rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit;
c
any training premium,
but this paragraph, except in so far as it relates to a payment under subparagraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.
;
c
in paragraphs 15 and 28 for the words “and for so long as it applies” there shall be substituted the words “or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)”;
d
for paragraph 21 there shall be substituted the following paragraph —
21
1
Subject to sub-paragraph (2), except where regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;
2
The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust.
;
e
in paragraph 30 for the words “paragraph 28” there shall be substituted the words “paragraph 29”;
f
after paragraph 37 there shall be added the following paragraphs —
38
Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment ( No. 2) Regulations 1987 .
39
Any payment made under the Macfarlane Trust.
.
Amendment of Schedule 10 to the General Regulations
36
In Schedule 10 to the General Regulations (capital to be disregarded) —
a
in paragraph 17 for the words “and for so long as it applies” there shall be Substituted the words “or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)”;
b
after paragraph 21 there shall be added the following paragraphs —
22
Any payment made under the Macfarlane Trust and any sum derived from such a payment.
23
The value of the right to receive an occupational pension.
24
The value of the right to receive any rent.
.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
30th March 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Government Reorganisation (Transfer of Loans) Order 1988 and shall come into force on 1st April 1988.
2
In this Order —
“the appropriate percentage” means the percentage indicated in Schedule 1 to this Order in relation to the council in question;
“the Residuary Body” means the London Residuary Body.
Transfer of loans
2
2
On 1st April 1988 the liability of the Residuary Body to the Public Works Loan Board in respect of the payment of interest and the repayment of principal outstanding immediately before that date attributable to the loans listed in Schedule 2 shall fall to be discharged by the councils listed in Schedule 1 in the manner described in paragraphs (2) to (4).
2
Each council shall be liable for the repayment of the appropriate percentage of principal outstanding in relation to each loan.
3
Each council shall discharge that part of the liability apportioned to it at the time and in the manner applicable to the loan in question.
4
Each council shall pay to the Public Works Loan Board interest on that part of the liability which falls to be discharged by it at the rate and time and in the manner applicable to the loan in question.
3
The rights of the Residuary Body in respect of the loans referred to in article 2(1) shall on 1st April 1988 vest jointly and severally in the councils there referred to.
Application of general provisions relating to borrowing
4
1
Subject to paragraph (2), paragraphs 2 to 8, 11 and 20 of Schedule 13 to the Local Government Act 1972 1972 c. 70 . shall apply as if the amount of that part of the liability transferred to each council by this Order which is attributable to the repayment of the principal were money borrowed by that council under paragraph 1(b) of that Schedule.
2
Paragraphs 7 and 8 of that Schedule (accounting requirements and power to borrow during the fixed period for repaying loans) shall apply to the amount referred to in paragraph (1) with the substitution for the words “the fixed period” of the words “the period of 33 years commencing with the financial year beginning 1st April 1988”.
Extinguishment of existing rights and liabilities, revocation and saving and other provisions
5
1
Subject to paragraph (2), the rights and liabilities created by the provisions of the transfer orders mentioned in paragraph 3 of Part I of Schedule 2 to the Local Government Reorganisation (Greater London Council Transferred Housing and Nomination Rights) Order 1986 (“paragraph 3”) (provisions vesting in the Residuary Body the right to money which, but for the Local Government Act 1985, would have become due to the Greater London Council’s consolidated loans fund) and which were saved by article 3 of that Order shall cease to exist; and, subject as aforesaid, those provisions (which are listed in Schedule 3 to this Order) and paragraph 3 are revoked.
2
Paragraph 3 shall continue to have effect in relation to a transferee authority’s liabilities and entitlements —
a
which accrued before 1st April 1988; and
b
in respect of payments or receipts which fall to be made or received on 30th September 1988 in accordance with paragraph 3(4)(d).
Nicholas Ridley
Secretary of State for the Environment
16th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Employment Protection (Recoupment of Unemployment Benefit and Supplementary Benefit) (Amendment) Regulations 1988 and shall come into force on 11th April 1988.
Interpretation
2
In these Regulations, the “ principal Regulations ” means the Employment Protection (Recoupment of Unemployment Benefit and Supplementary Benefit) Regulations 1977 .
Amendment of principal Regulations
3
Subject to Regulation 4 below the principal Regulations shall be amended as follows: —
1
for the words “supplementary benefit”, wherever they occur there shall be substituted the words “income support”;
2
in Regulation 2 —
a
after paragraph (2)(a) there shall be inserted a new sub-paragraph “(aa) “the 1978 Act ” means the Employment Protection (Consolidation) Act 1978”;
b
in paragraph (2)(b) for the words “Trade Union and Labour Relations Act 1974” there shall be substituted the words “1978 Act”;
c
in paragraph (2)(c) for the words “section 112(8) of the 1975 Act” there shall be substituted the words “section 132(6) of the 1978 Act;”;
d
for paragraph (2)(j) there shall be substituted the following paragraph: —
“Unemployment benefit” and “income support” have the same meaning as in the Social Security Act 1975 and the Social Security Act 1986 respectively and references to “benefit” include income support as the context may require;
;
e
in paragraph (2)(k) for the words “Supplementary Benefits Act 1976 or the Social Security Act 1975” there shall be substituted the words “Social Security Acts 1975 to 1986”;
f
in paragraph (3) for the words “1975 Act” there shall be substituted the words “1978 Act unless otherwise indicated”.
3
Regulation 4 of the principal Regulations is hereby revoked.
4
in Regulation 5(2) for the words “Trade Union and Labour Relations Act 1974 or the 1975 Act” there shall be substituted the words “1975 Act or the 1978 Act”.
5
in Regulations 11 and 12 for the words “insurance officer” and “benefit officer” there shall be substituted the words “adjudication officer”.
6
in Regulation 11(2)(a): —
a
for the words “local tribunal” there shall be substituted the words “Social Security Appeal Tribunal”;
b
after the words “sections 99 to 104 of the Social Security Act 1975” there shall be inserted “ ”.
7
as a footnote to the reference to sections 99 to 104 of the Social Security Act 1975 in Regulation 11(2)(a) there shall be inserted the following: —
1975 c. 14 ; so far as is relevant sections 99 to 104 were amended by paragraph 10 of Schedule 1 to the Social Security Act 1980 c. 30 and paragraph 1 of Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983 c. 41 and paragraphs 5 to 10 of Schedule 5 to the Social Security Act 1986 c. 50 .
8
in Regulation 12(2): —
a
for the words “the Supplementary Benefits” there shall be substituted the words “a Social Security”;
b
for the words “regulation 71 of the Social Security (Adjudication) Regulations 1984” there shall be substituted the words “section 100(1) of the Social Security Act 1975”
9
for the Schedule there shall be substituted the Schedule to these Regulations.
Transitional provisions
4
Notwithstanding Regulation 3 above the principal Regulations shall continue to have effect for the purpose of the operation of those Regulations in relation to the recoupment of supplementary benefit where awards are made by industrial tribunals after the date these Regulations come into force but in respect of a period before that date.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
7th March 1988


text:
Title and commencement
1
This Order may be cited as the East Lothian and Midlothian Districts (Marldene) Boundaries Amendment Order 1988, and shall come into force on 15th February 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The East Lothian and Midlothian Districts (Marldene) Boundaries Amendment Order 1988 Map” and deposited in accordance with regulation 3 of the 1977 Regulations; and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of East Lothian District containing an area of ground at Marldene, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Midlothian District.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 48 (Garleton) of Lothian Region( ) and of ward 13 (Lammermuir) of East Lothian District( ); and
b
shall form part of electoral division 44 (Mayfield/Gorebridge) of Lothian Region and of ward 15 (Pathhead) of Midlothian District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
15th January 1988


text:
1
This Order may be cited as the Education (Amendment of the Teachers' Pay and Conditions Act 1987) Order 1988 and shall come into force on 31st December 1988.
2
At the end of paragraph (a) of section 3(5) of the Teachers' Pay and Conditions Act 1987 there shall be added the words “and provide for any discretion so conferred on a local education authority to be exercisable instead by the governing body of any school to which section 44 or 45 of the Education Reform Act 1988 for the time being applies”.
Kenneth Baker
Secretary of State for Education and Science
24th November 1988


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 1988.
2
The following securities are hereby specified for the purposes of Schedule 2 to the Capital Gains Tax Act 1979 —
8 % Treasury Convertible Stock 1990
8 % Treasury Loan 1991
2 % Index-linked Treasury Stock 1992
3 % Treasury Stock 1992
8 % Treasury Loan 1992
10 % Treasury Loan 1994
8¾% Treasury Loan 1997 “B”
9¾% Exchequer Stock 1998 “A”
8½% Treasury Loan 2000
9% Conversion Stock 2000 “A”
9% Exchequer Stock 2002
9¾% Conversion Loan 2003
9½% Conversion Stock 2005 “A”
8% Treasury Loan 2002 — 2006 “A”
9% Treasury Loan 2008
9% Treasury Loan 2008 “A”
2½% Index-linked Treasury Stock 2024
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1988


text:
1
This Order may be cited as the A13 Trunk Road (Newham, Barking and Dagenham, and Havering) (Speed Limits) Order 1988 and shall come into force on 18th April 1988.
2
In this Order:
“the trunk road” means that length of the London — Tilbury Trunk Road (A13) in the London Boroughs of Newham, Barking and Dagenham, and Havering;
“Beckton Flyover” means the elevated section of the trunk road (Newham Way) for the passage of eastbound through traffic over the junction of the trunk road (Newham Way) with High Street South and East Ham Manor Way (A117);
“Ripple Road roundabout” means the roundabout at the junction of the trunk road (Ripple Road and Alfred’s Way) with Ripple Road (A123) and Lodge Avenue (A1153);
“Lodge Avenue Flyover” means the elevated section of the trunk road (Alfred’s Way and Ripple Road) for the passage of through traffic over Ripple Road roundabout;
“Canning Town Flyover” means the elevated section of the trunk road (Newham Way) for the passage of through traffic over Canning Town roundabout;
“Canning Town roundabout” means the roundabout at the junction of the trunk road (Newham Way) with Silvertown Way (A1011), East India Dock Road (A13), Barking Road (A124) and Manor Road (A1011);
“the north-eastern slip road” means that length of the trunk road which links the eastern side of Canning Town roundabout to the eastbound carriageway of Newham Way;
“the south-eastern slip road” means that length of the trunk road which links the westbound carriageway of Newham Way with the eastern side of Canning Town roundabout;
“the A13 roundabout” means the roundabout at the junction of the trunk road with the London North Circular Trunk Road (A406);
“A13 eastbound exit slip road” means that length of road which links the eastbound carriageway of the trunk road with the A13 roundabout;
“A13 eastbound access slip road” means that length of road which links the A13 roundabout with the eastbound carriageway of the trunk road;
“A13 westbound exit slip road” means that length of road which links the westbound carriageway of the trunk road with the A13 roundabout;
“A13 westbound access slip road” means that length of road which links the A13 roundabout with the westbound carriageway of the trunk road;
“Spur Road” means that length of road which links Jenkins Lane with the A13 westbound exit slip road;
“the Gooseley Lane south bus bay” means that length of road which links the A13 westbound access slip road with the westbound carriageway of the trunk road.
3
The lengths of the trunk road specified in Schedule 1 to this Order shall be restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984.
4
No person shall drive any motor vehicle at a speed exceeding 40 miles per hour on the lengths of the trunk road specified in Schedule 2 to this Order.
5
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on the lengths of the trunk road specified in Schedule 3 to this Order.
6
The Trunk Road (A13) (Newham, Barking and Dagenham, and Havering) (Speed Limit) Order 1984 is hereby revoked.
Signed by authority of the Secretary of State
John Dawson
Director (Transport) London Regional Office of the
Department of Transport
14th April 1988


text:
1
This Order may be cited as the European Parliamentary Elections (Day of Election) Order 1988 and shall come into force on 1st January 1989.
2
A general election of the United Kingdom representatives to the European Parliament shall be held on 15th June 1989.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
24th October 1988


text:
1
This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 1988 and shall come into force on 1st August 1988.
2
In the Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1985 (which lists the offences proceedings for which are specified for the purposes of section 3 of the Prosecution of Offences Act 1985, being proceedings excepted from the duty of the Director of Public Prosecutions under that section to take over the conduct of all criminal proceedings instituted on behalf of a police force), paragraph 3 shall be amended by the insertion of three offences under the Road Traffic Act 1972 as follows —
a
after “33AA(3),” there shall be inserted “40(5)(b),”; and
b
after “44(1),” there shall be inserted “84(2), 143,”.
3
No proceedings which have been instituted before this Order comes into force shall be treated as proceedings specified by virtue of this Order.
P. B. B. Mayhew
Her Majesty’s Attorney General
27th June 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Severn-Trent Water Authority (Hartlebury Borehole) Order 1988 and shall come into force on the 12th February 1988.
2
This Order and the Severn-Trent Water Authority Orders 1974 to 1987 may be cited together as the Severn-Trent Water Authority Orders 1974 to 1988.
3
In this Order —
“the Authority” means the Severn-Trent Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Severn Trent Water Authority (Hartlebury Borehole) Order 1988”, one duplicate of which is deposited and available for inspection at the offices of the Authority and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of that borehole.
Works to form part of the undertaking
3
The said borehole and any works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
4
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
11th February 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions, Re-rating) Order 1988 and shall come into force on 6th April 1988.
2
In this Order “ the Act ” means the Social Security Act 1975.
Weekly earnings figures for primary and secondary earnings brackets
2
1
Section 4 of the Act (incidence of Class 1 contributions) shall be amended in accordance with the provisions of this article.
2
In subsection (6B) (primary earnings brackets) —
a
for the figure £64.99 specified in respect of Bracket 1 there shall be substituted the figure £69.99;
b
for the figures £65.00 and £99.99 specified in respect of Bracket 2 there shall be substituted respectively the figures £70.00 and £104.99;
c
for the figure £100.00 specified in respect of Bracket 3 there shall be substituted the figure £105.00.
3
In subsection (6E) (secondary earnings brackets) —
a
for the figure £64.99 specified in respect of Bracket 1 there shall be substituted the figure £69.99;
b
for the figures £65.00 and £99.99 specified in respect of Bracket 2 there shall be substituted respectively the figures £70.00 and £104.99;
c
for the figures £100.00 and £149.99 specified in respect of Bracket 3 there shall be substituted respectively the figures £105.00 and £154.99;
d
for the figure £150.00 specified in respect of Bracket 4 there shall be substituted the figure £155.00.
Rate of, and small earnings exception from, Class 2 contributions
3
In section 7 of the Act (Class 2 contributions) —
a
in subsection (1) (weekly rate) for “£3.85” there shall be substituted “£4.05”;
b
in subsection (5) (small earnings exception) for “£2,125” there shall be substituted “£2,250”.
Amount of Class 3 contributions
4
In section 8(1) of the Act (amount of Class 3 contributions) for “£3.75” there shall be substituted “£3.95”.
Lower and upper limits for Class 4 contributions
5
In sections 9(2) and 10(1) of the Act (Class 4 contributions recoverable under Tax Acts and regulations) —
a
for “£4,590” (lower limit) wherever that amount appears there shall be substituted in each of those sections “£4,750”;
b
for “£15,340” (upper limit) there shall be substituted in each of those sections “£15,860”.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
29th March 1988
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 1988


text:
Citation and commencement
1
This Order may be cited as the Liverpool and Wirral Urban Development Area Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Liverpool and Wirral Urban Development Area Order 1988”, of which prints signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the councils of the city of Liverpool and the borough of Wirral.
Designation of urban development area
3
The area comprising the three areas shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Exercise of functions
4
The functions of an urban development corporation for the area designated by article 3 shall be performed by the Merseyside Development Corporation .
Nicholas Ridley
Secretary of State for the Environment
12th July 1988


text:
1
1
This Order may be cited as the Conservation of Seals (Common Seals) Order 1988 and shall come into force on 19th December 1988.
2
Without prejudice to its earlier revocation this Order shall cease to have effect on the expiration of two years beginning with the date of its coming into force.
3
The Conservation of Seals (Scotland) Order 1973 is hereby revoked.
2
There is hereby prohibited in Great Britain and within the seaward limits of the territorial waters adjacent thereto the killing, injuring or taking of the seals of the species known as Phoca vitulina (common seals).
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st November 1988


text:
Citation and Commencement
1
These Regulations may be cited as the Housing (Prescribed Forms) (Repair Notices etc.) Regulations 1988 and shall come into force on 15th January 1989.
Prescribed Forms
2
1
The forms listed in Part I and set out in Part II of the Schedule to these Regulations, or forms substantially to the like effect, shall be the forms to be used for the following purposes of the Housing Act 1985: —
a
Forms 1, 2 and 3 as appropriate shall be used for the purposes of section 189 (repair notice in respect of unfit dwelling-house) ;
b
Forms 4, 5 and 6 as appropriate shall be used for the purposes of section 190 (repair notice in respect of dwelling-house in disrepair but not unfit)(b);
c
Form 7, subject to paragraph (2), shall be used for the purposes of section 194 (notice of local authority’s intention to enter and execute works)(b);
d
Form 8, subject to paragraph (2), shall be used for the purposes of section 197 (powers of entry); and
e
Form 9, subject to paragraph (2), shall be used for the purposes of paragraph 3 of Schedule 10 (service of demand for expenses incurred by local housing authority).
2
Forms 7, 8 and 9 are prescribed for use only in cases where the notice or demand in question is served in relation to a repair notice served on or after the coming into force of these Regulations.
Revocation and Saving
3
1
Forms 2A, 2B and 2C in Schedule 2 to the Housing (Prescribed Forms) Regulations 1972 shall cease to have effect.
2
Form 1 in Schedule 2 to the Housing (Prescribed Forms) Regulations 1972 shall cease to have effect for the purposes of its use under section 197 of the Housing Act 1985 in relation to a repair notice served on or after the coming into force of these Regulations.
Nicholas Ridley
Secretary of State for the Environment
12th December 1988
Peter Walker
Secretary of State for Wales
14th December 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the Trunk Road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”) shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the slip roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
i
“the deposited plan”
means the plan numbered HA 10/2E 238 marked “The A127 London — Southend Trunk Road (Rayleigh Weir Improvement) Slip Roads Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the Trunk Road”
means the London — Southend Trunk Road (A127).
5
This Order shall come into force on 27th July 1988 and may be cited as the A127 London — Southend Trunk Road (Rayleigh Weir Improvement) Slip Roads Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
30th June 1988


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the Council of the London Borough of Ealing that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan”
means the plan numbered GLRT 065/L27/36/T04/1 — 3 marked “The A406 London North Circular Trunk Road (Popes Lane (B4491) to Western Avenue (A40) Improvement, Detrunking) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY;
ii
“the new trunk road”
means the trunk road to be constructed by the Secretary of State in pursuance of the A406 London North Circular Trunk Road (Popes Lane (B4491) to Western Avenue (A40) Improvement, Trunk Road) Order 1988;
iii
“the Trunk Road”
means the A406 London North Circular Trunk Road.
3
This Order shall come into force on 15th September 1988 and may be cited as the A406 London North Circular Trunk Road (Popes Lane (B4491) to Western Avenue (A40) Improvement, Detrunking) Order 1988.
Signed by authority of the Secretary of State
I. Yass
An Under Secretary in the
Department of Transport
1st September 1988