text:
Citation and commencement
1
These Regulations may be cited as the Loading and Unloading of Fishing Vessels Regulations 1988, and shall come into force on 1st January 1989.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“dock gate” means any lock gate or other gate which can close off the entrance to the dock or part of the dock from the sea or other waterway but does not include any gate on land which controls access by vehicles or pedestrians;
“fishing vessel” means any description of craft used for the transport or storage of wet fish, whether used in navigation or not, but does not include a craft when used —
for the principal purpose of carrying passengers or goods other than wet fish; or
solely for sport or recreation;
“fish loading process” means the loading, unloading, moving or handling of wet fish on, at, or nearby any quay or on any fishing vessel when moored at the quay or any activity incidental to those activities including the mooring, fuelling and provisioning of the fishing vessel at the quay or the transfer of wet fish from one fishing vessel to another when at least one of the fishing vessels is moored at the quay;
“handling” includes gutting of wet fish and loading of wet fish for transport, but does not include tinning, freezing solid in blocks, curing, freeze-drying or other means of processing;
“maintained” means maintained in an efficient state, in efficient working order and in good repair;
“processed” or “processing” does not include keeping fish, molluscs or crustaceans (or part of them) fresh by placing them on ice;
“quay” includes any wharf, jetty or dock;
“skipper” means the person (except a pilot) having command or charge of the fishing vessel;
“wet fish” includes all fish, molluscs and crustaceans whether living or dead but does not include —
fishmeal, fish manure or fish guano, or
fish, molluscs or crustaceans which are, or have been, tinned, frozen solid in blocks, or otherwise processed.
Application
3
These Regulations shall apply to and in relation to all fish loading processes in Great Britain.
Duties
4
It shall be the duty of every —
a
employer;
b
self-employed person;
c
skipper of a fishing vessel; and
d
other person on whom a duty is imposed by section 4 of the 1974 Act,
to comply with all provisions of these Regulations, but such a duty shall extend only to matters within his control.
Safe working place and safe access
5
1
Subject to paragraph (2) below, there shall be provided and properly maintained a safe place of work for any person engaged in a fish loading process, and safe access to and egress from that place of work or any other place which any person has to visit for the purpose of the fish loading process.
2
So far as is reasonably practicable all floors, decks, surfaces, stairs, steps, passages and gangways in any place described in paragraph (1) above shall be kept free from any substance likely to cause persons to slip or fall or vehicles to skid.
3
There shall be provided secure and adequate fencing at the following places where persons are engaged in fish loading processes, that is to say —
a
every break, dangerous corner or other dangerous part or edge of a quay;
b
every open side of a gangway, footway over a bridge, caisson or dock gate; and
c
any other place not being a quay where any person working or passing might fall a distance of more than two metres;
except in so far as such fencing is impracticable because of the nature of the work carried out there and either work is in progress or there is a short interruption for a meal or other purpose.
4
Each part of a quay or fishing vessel where persons are engaged in a fish loading process, and every means of access to and egress from there, shall be suitably and adequately lighted.
5
Where persons are engaged in a fish loading process there shall be provided adequate and suitable —
a
rescue and life-saving equipment;
b
means to effect escape from danger; and
c
fire-fighting equipment,
and they shall be spaced at intervals that are reasonable in all the circumstances and properly maintained.
Safety of work and equipment
6
1
Every fish loading process shall be planned and executed in such a manner as to ensure, so far as is reasonably practicable, that no persons will be exposed to danger.
2
Where persons are engaged in a fish loading process safe plant and equipment shall, so far as is reasonably practicable, be provided and properly maintained.
Exemption certificates
7
1
Subject to paragraph (2) below, the Health and Safety Executive may, by certificate in writing, exempt any person or class of persons, or activity or class of activities to which these Regulations apply, from any requirement imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive 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 it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced because of it.
Enforcement
8
Notwithstanding the provisions of regulation 3, but without prejudice to regulation 5, of the Health and Safety (Enforcing Authority) Regulations 1977 , the authority responsible for enforcing —
a
these Regulations; and
b
sections 2 to 4 and 6 to 8 of the 1974 Act in relation to a fish loading process,
shall be the Health and Safety Executive.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
26th September 1988


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
These Rules may be cited as the Town and Country Planning (Inquiries Procedure) Rules 1988 and shall come into force on 7th July 1988.
Interpretation
2
In these Rules, unless the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Town and Country Planning Act 1971 and —
“applicant”, in the case of an appeal, means the appellant;
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“ the Commission ” means the Historic Buildings and Monuments Commission for England;
“conservation area consent” means consent required by section 277A(2) ;
“development order” has the meaning assigned to it by section 24;
“document” includes a photograph, map or plan;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;
“land” means the land, tree or building to which an inquiry relates;
“listed building consent” has the meaning assigned to it by section 55(3A) ;
“local authority” has the meaning assigned to it by section 290(1);
“local planning authority” means —
in relation to a referred application, the body who would otherwise have dealt with the application;
in relation to an appeal, the body who were responsible for dealing with the application occasioning the appeal;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“referred application” means an application of any description mentioned in rule 3(1) which is referred to the Secretary of State for determination;
“relevant date” means the date of the Secretary of State’s written notice to the applicant and the local planning authority of his intention to cause an inquiry to be held, and “relevant notice” means that notice;
“the 1974 Rules ” means the Town and Country Planning (Inquiries Procedure) Rules 1974 ;
“section 29(3) party” means —
a person whose representations the Secretary of State is required by the application of section 29(3) or by regulations under Part I of Schedule 11 to take into account in determining the referred application or appeal to which an inquiry relates; and
in the case of an appeal, a person whose representations the local planning authority were required by section 29(3) or those regulations to take into account in determining the application occasioning the appeal;
“statement of case” means a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;
“tree preservation order” means an order under section 60 .
Application of Rules
3
1
These Rules apply in relation to any local inquiry caused by the Secretary of State to be held in England or Wales before he determines —
a
an application in relation to planning permission referred to him under section 35 or an appeal to him under section 36 , or under section 36 as applied by section 37 ;
b
an application for consent referred to him under a tree preservation order or an appeal to him under such an order, with the exceptions that rule 4(1) shall not apply and the references to a section 29(3) party shall be omitted;
c
an application in relation to listed building consent referred to him under paragraph 4 of Schedule 11 or an appeal to him under paragraph 8 of Schedule 11, or under paragraph 8 as applied by paragraph 9 of that Schedule, including an application or appeal referred or made under any of those paragraphs as applied by section 56B(2) ;
d
an application in relation to conservation area consent referred to him under paragraph 4 of Schedule 11 or an appeal to him under paragraph 8 of Schedule 11, or under paragraph 8 as applied by paragraph 9 of that Schedule, as those paragraphs are applied in the case of such an application or appeal by virtue of section 277A , including an application or appeal to which section 56B(2) is applied by section 277A,
but do not apply in relation to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1988 or Rules superseded by those Rules , any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The local planning authority shall, on receipt of a notice from the Secretary of State of his intention to cause an inquiry to be held (“the relevant notice”), forthwith inform him and the applicant in writing of the name and address of any section 29(3) party who has made representations to them; and the Secretary of State shall as soon as practicable thereafter inform the applicant and the local planning authority in writing of the name and address of any section 29(3) party who has made representations to him.
2
This paragraph applies where —
a
the Secretary of State or any local authority has given to the local planning authority a direction restricting the grant of planning permission for which application was made; or
b
in a case relating to listed building consent, the Commission has given a direction to the local planning authority pursuant to paragraph 6(2)(b) of Schedule 11 as to how the application is to be determined; or
c
the Secretary of State or any other Minister of the Crown or any government department or local authority has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions, or, in the case of an application for consent under a tree preservation order, should be granted together with a direction requiring replanting; or
d
any authority or person consulted in pursuance of a development order has made representations to the local planning authority about the application.
3
Where paragraph (2) applies, the local planning authority shall forthwith after the date of the relevant notice (“the relevant date”) inform the person or body concerned of the inquiry and, unless they have already done so, that person or body shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
Procedure where Secretary of State causes pre-inquiry meeting to be held
5
1
The Secretary of State may cause a pre-inquiry meeting to be held if it appears to him desirable and where he does so the following paragraphs apply.
2
The Secretary of State shall serve with the relevant notice a notification of his intention to cause a meeting to be held and a statement of the matters which appear to him to be likely to be relevant to his consideration of the application or appeal in question; and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view which is mentioned in rule 4(2)(c), the Secretary of State shall set this out in his statement and shall supply a copy of the statement to the Minister or government department concerned.
3
The local planning authority shall cause to be published in a newspaper circulating in the locality in which the land is situated a notice of the Secretary of State’s intention to cause a meeting to be held and of the statement served in accordance with paragraph (2) in such form as the Secretary of State may specify.
4
The local planning authority and the applicant shall, not later than 8 weeks after the relevant date, each serve an outline statement on the other and on the Secretary of State.
5
Where rule 4(2) applies, the local planning authority shall —
a
include in their outline statement the terms of —
i
any direction given together with a statement of the reasons therefor; and
ii
any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
within the period mentioned in paragraph (4), supply a copy of their statement to the person or body concerned.
6
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to serve, within 4 weeks of being so required, an outline statement on him, the applicant and the local planning authority.
7
The meeting (or, where there is more than one, the first meeting) shall be held not later than 16 weeks after the relevant date.
8
The Secretary of State shall give not less than 21 days written notice of the meeting to the local planning authority, the applicant, any person known at the date of the notice to be entitled to appear at the inquiry and any other person whose presence at the meeting seems to him to be desirable; and he may require the local planning authority to take, in relation to notification of the meeting, one or more of the steps which he may under rule 10(6) require them to take in relation to notification of the inquiry.
9
The inspector shall preside at the meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
10
Where a pre-inquiry meeting has been held pursuant to paragraph (1), the inspector may hold a further meeting. He shall arrange for such notice to be given of a further meeting as appears to him necessary; and paragraph (9) shall apply to such a meeting.
Service of statements of case etc.
6
1
The local planning authority shall, not later than —
a
6 weeks after the relevant date, or
b
where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,
serve a statement of case on the Secretary of State, the applicant and any section 29(3) party.
2
Where rule 4(2) applies, the local planning authority shall, unless they have already done so in an outline statement, include in their statement of case the matters mentioned in rule 5(5)(a) and shall supply a copy of the statement to the person or body concerned.
3
The applicant shall, not later than —
a
in the case of a referred application where no pre-inquiry meeting is held pursuant to rule 5, 6 weeks after the relevant date, or
b
in the case of an appeal where no such meeting is held, 9 weeks after the relevant date, or
c
in any case where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,
serve a statement of case on the Secretary of State, the local planning authority and any section 29(3) party.
4
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within 4 weeks of being so required, on the applicant, the local planning authority, the Secretary of State and any (or any other) section 29(3) party.
5
The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (4) with a copy of the local planning authority’s and the applicant’s statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served.
6
The Secretary of State or an inspector may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify.
7
Any person serving a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in it.
8
Unless he has already done so, the Secretary of State, in the case of a referred application, shall, and, in the case of an appeal, may, not later than 12 weeks from the relevant date, serve a written statement of the matters referred to in that paragraph on the applicant, the local planning authority, any section 29(3) party and any person from whom he has required a statement of case.
9
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any statement or document which, or a copy of which, has been served on them in accordance with any of the preceding paragraphs of this rule, and of any statement so served by them together with a copy of any document, or of the relevant part of any document, referred to in it; and shall specify in the statement served in accordance with paragraph (1) the time and place at which the opportunity will be afforded.
Further power of inspector to hold pre-inquiry meetings
7
1
Where no pre-inquiry meeting is held pursuant to rule 5, an inspector may hold one if he thinks it desirable.
2
An inspector shall arrange for not less than 14 days written notice of a meeting he proposes to hold under paragraph (1) to be given to the applicant, the local planning authority, any person known at the date of the notice to be entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable.
3
Rule 5(9) shall apply to a meeting held under this rule.
Inquiry time-table
8
Where a pre-inquiry meeting is held pursuant to rule 5 an inspector shall, and in any other case may, arrange a time-table for the proceedings at, or at part of, an inquiry and may at any time vary the time-table.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than —
a
22 weeks after the relevant date; or
b
in a case where a pre-inquiry meeting is held pursuant to rule 5, 8 weeks after the conclusion of that meeting.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date after the end of the relevant period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the applicant and the local planning authority, he shall give not less than 28 days written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the relevant period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of a date as it applied to the date originally fixed.
5
The Secretary of State may also vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
6
The Secretary of State may require the local planning authority to take one or more of the following steps —
a
to publish not less than 14 days before the date fixed for the holding of an inquiry in one or more newspapers circulating in the locality in which the land is situated such notice of the inquiry as he may direct;
b
to serve within such period as he may specify notice of an inquiry in such form and on such persons or classes of persons as he may specify;
c
to post within such period as he may specify such notice of an inquiry as he may direct in a conspicuous place near to the land.
7
Where the land is under the control of the applicant he shall, if so required by the Secretary of State, affix firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public, such notice of the inquiry as the Secretary of State may specify; and he shall not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
Appearances at inquiry
11
1
The persons entitled to appear at an inquiry are —
a
the applicant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
a National Park Committee within the meaning of paragraph 5 of Schedule 17 to the Local Government Act 1972 ;
iii
a joint planning board constituted under section 1(2) or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;
iv
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980;
d
where the land is in an area designated as a new town, the development corporation for the new town or the Commission for the New Towns as its successor;
e
a section 29(3) party;
f
the council of the parish or community in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
g
where the application was required to be notified to the Commission under paragraph 6 of Schedule 11 (listed building consent in Greater London), the Commission;
h
any other person who has served a statement of case in accordance with rule 6(4) or who has served an outline statement in accordance with rule 5(6).
2
Any other person may appear at an inquiry at the discretion of the inspector.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
4
An inspector may allow one or more persons to appear for the benefit of some or all of any persons having a similar interest in the matter under inquiry.
Representatives of government departments and other authorities at inquiry
12
1
Where —
a
the Secretary of State, any local authority or the Commission have given a direction such as is described in rule 4(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department or local authority has expressed a view such as is described in rule 4(2)(c) and the local planning authority have included the terms of the expression of view in a statement served in accordance with rule 5(4) or 6(1); or
c
another Minister of the Crown or any government department has expressed a view such as is mentioned in rule 4(2)(c) and the Secretary of State has included its terms in a statement served in accordance with rule 5(2) or rule 6(8),
the applicant may, not later than 14 days before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, transmit the application to the other Minister, department or body concerned, who shall make a representative available to attend the inquiry.
3
A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expression of view in question and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Statements of evidence
13
1
A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a written statement shall send a copy of the statement to the inspector and shall, if so required by the inspector, supply a written summary of that evidence.
2
The statement shall be sent to the inspector not later than 3 weeks before the date on which the person is due to give evidence in accordance with the time-table arranged pursuant to rule 8 or, if there is no such time-table, 3 weeks before the date fixed for the inquiry, and the summary shall be sent within such period as may be specified by the inspector.
3
Where the applicant or the local planning authority send a copy of a statement of evidence or a summary to an inspector in accordance with paragraph (1) they shall at the same time send a copy to the other party; and where any other party so sends such a copy statement or summary he shall at the same time send a copy to the applicant and the local planning authority.
4
Where the inspector has required a written summary of evidence in accordance with paragraph (1), the person giving that evidence at the inquiry shall do so only by reading the written summary, unless permitted by the inspector to do otherwise.
5
Any person required by this rule to send a copy of a statement of evidence to any other person shall send with it a copy of the whole, or the relevant part, of any documents referred to in it, unless copies of the documents or parts of documents in question have already been made available by the local planning authority pursuant to rule 6(9).
Procedure at inquiry
14
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
Unless in any particular case the inspector with the consent of the applicant otherwise determines, the applicant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
3
A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant, the local planning authority and a section 29(3) party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion.
4
The inspector may refuse to permit —
a
the giving or production of evidence,
b
the cross-examination of persons giving evidence, or
c
the presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
5
Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 13(4), the statement of evidence referred to in rule 13(1) may be tendered in evidence, and the person whose evidence the statement contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
6
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
7
The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
8
The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
9
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
10
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
11
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
Site inspections
15
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
The inspector may, during an inquiry or after its close, inspect the land in the company of the applicant, the local planning authority and any section 29(3) party; and he shall make such an inspection if so requested by the applicant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
16
1
After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
2
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
3
Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
4
If, after the close of an inquiry, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording to them an opportunity of making written representations to him within 21 days of the date of the notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking within that period for the re-opening of the inquiry.
5
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to an application or appeal as he may specify, and he shall do so if asked by the applicant or the local planning authority in the circumstances and within the period mentioned in paragraph (4); and where an inquiry is re-opened (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the specified matters; and
b
paragraphs (3) to (7) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
17
1
The Secretary of State shall notify his decision on an application or appeal, and his reasons for it, in writing to all persons entitled to appear at the inquiry who did appear, and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application made to the Secretary of State within 4 weeks of the date of the decision.
3
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
Procedure following quashing of decision
18
Where a decision of the Secretary of State on an application or appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the application or appeal; and
b
shall afford to those persons the opportunity of making, within 21 days of the date of the written statement, written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be reopened (whether by the same or a different inspector) and if he does so paragraphs (3) to (7) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Allowing further time
19
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Service of notices by post
20
Notices or documents required or authorised to be served or sent under any of the provisions of these Rules may be sent by post.
Revocations and savings
21
Subject to rule 22, the Town and Country Planning (Inquiries Procedure) Rules 1974 and rule 2(1) of and Schedule 1 to the Town and Country Planning (Various Inquiries) (Procedure) (Amendment) Rules 1986 are hereby revoked, except that the 1974 Rules shall continue to apply to any local inquiry or hearing held for the purpose of any application or appeal mentioned in rule 2(1)(d) of those Rules (control of advertisements).
Transitional provisions
22
1
The following paragraphs of this rule apply where at the date on which these Rules come into force (“the commencement date”) an application or appeal mentioned in rule 3(1) of these Rules is awaiting the Secretary of State’s determination.
2
Where at the commencement date a local inquiry has been opened but the inspector has not yet reported, the 1974 Rules shall continue to regulate the procedure until immediately before he reports, but these Rules shall apply to the making of the report and thereafter.
3
Where at the commencement date a local inquiry has not been opened, the 1974 Rules shall continue to apply until the inquiry is opened, but these Rules shall apply thereafter.
4
The 1974 Rules shall continue to apply as respects hearings but only if the applicant or the local planning authority have before the commencement date expressed a wish to be heard.
Mackay of Clashfern, C.
24th May 1988


text:
1
These Regulations may be cited as the Value Added Tax (Repayment Supplement) Regulations 1988 and shall come into force on 29th July 1988.
2
In these Regulations, ``the principal Act'' means the Value Added Tax Act 1983 .
3
The Value Added Tax (Repayment Supplement) ( No. 2) Regulations 1986 are hereby revoked.
4
In computing the period of thirty days referred to in section 20(2)(b) of the Finance Act 1985 , periods referable to the following matters shall be left out of account —
a
the raising and answering of any reasonable inquiry relating to the requisite return or claim;
b
the correction by the Commissioners of any errors or omissions in that requisite return or claim;
c
in any case to which section 20(1)(a) of the Finance Act 1985 applies, the following matters, namely —
i
any such continuing failure to submit returns as is referred to in section 14(7) of the principal Act;
ii
compliance with any such condition as is referred to in paragraph 5(1) of Schedule 7 to the principal Act (production of documents or giving of security as a condition of payment).
5
For the purpose of determining the duration of the periods referred to in regulation 4 above, the following rules shall apply —
a
in the case of the period mentioned in regulation 4(a) above, it shall be taken to have begun on the date when the Commissioners first raised the inquiry and it shall be taken to have ended on the date when they received a complete answer to their inquiry;
b
in the case of the period mentioned in regulation 4(b) above, it shall be taken to have begun on the date when the error or omission first came to the notice of the Commissioners and it shall be taken to have ended on the date when the error or omission was corrected by them;
c
in the case of the period mentioned in regulation 4(c)(i) above, it shall be determined in accordance with a certificate of the Commissioners under paragraph 11(1)(b) of Schedule 7 to the principal Act;
d
in the case of the period mentioned in regulation 4(c)(ii) above, it shall be taken to have begun on the date of the service of the written notice of the Commissioners which required the production of documents or the giving of security and it shall be taken to have ended on the date when they received the required documents or the required security.
Peter Jefferson-Smith
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
29th July 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Payments for Optical Appliances) Amendment (No. 2) Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations“the principal Regulations ” means the National Health Service (Payments for Optical Appliances) Regulations 1986 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) —
a
after the definition of“the Act” there is inserted the following definition: —
“capital limit” means the amount prescribed for the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support;
;
b
the definition of“contribution assessment” is omitted;
c
after the definition of“face value” there are inserted the following definitions: —
“family credit” means family credit under Part II of the Social Security Act 1986;
“income support” means income support under Part II of the Social Security Act 1986 and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987 ;
;
d
after the definition of“minimum complex appliance payment” there is inserted the following definition: —
“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;
;
e
for the definition of“patient’s contribution” there is substituted the following: —
“patient’s contribution” means the amount specified under regulation 7(5) of the Remission Regulations as that for which there is no entitlement under those Regulations to remission of charges;
;
f
after the definition of“redemption value” there is inserted the following definition: —
“the Remission Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ;
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (eligibility for payment of costs of optical appliances) —
a
in paragraph (2), sub-paragraphs (d) and (e) are omitted and after sub-paragraph (f) there is added the following sub-paragraph: —
g
a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are equal to or exceed his requirements as so calculated but whose patient’s contribution is nil or is less than the face value of a voucher issued to him under these regulations and whose capital resources as so calculated do not exceed the capital limit.
;
b
for paragraph (3) there are substituted the following paragraphs: —
3
A person’s resources shall be treated as being less than his requirements if —
a
he is in receipt of income support;
b
he is a member of the same family as a person who is in receipt of income support;
c
he is in receipt of family credit;
d
he is a member of the same family as a person who is in receipt of family credit; or
e
his income resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act are less than his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit.
4
In paragraph (3)(b) and (3)(d)“family” has the meaning assigned to it by section 20(11) of the Social Security Act 1986 as it applies to income support and to family credit respectively .
.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6 of the principal Regulations (use of voucher) —
a
in paragraph (4) —
i
for“regulation 3(3)(c)” there is substituted“regulation 3(2)(g), or by virtue of his resources being treated in accordance with regulation 3(3)(e) as being less than his requirements,”, and
ii
for“contribution assessment” there is substituted“notice of entitlement”;
b
for paragraph (5) there is substituted the following paragraph: —
5
A patient who is an eligible person only by virtue of regulation 3(2)(g), or only by virtue of his resources being treated in accordance with regulation 3(3)(e) as being less than his requirements, shall, on the same occasion as he presents the supplier with a voucher in accordance with paragraph (1), show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 7(2)(c)(iii).
.
Amendment of regulation 7 of the principal Regulations
5
In regulation 7 of the principal Regulations (payments to suppliers): —
a
in paragraph (1) for“The responsible authority” there is substituted“Except where it was the supplier, the responsible authority”;
b
in paragraph (2)(c) —
i
in head (ii) after“responsible authority” there is inserted“within the period of three months beginning with the date of supply of the optical appliance”, and
ii
for head (iii) there is substituted the following: —
iii
where the patient has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any
.
Amendment of regulation 8 of the principal Regulations
6
In regulation 8 of the principal Regulations (payments in health authority cases) —
a
in paragraph (1)(a) for“regulation 3(3)(c)” there is substituted“regulation 3(2)(g), or by virtue of his resources being treated in accordance with regulation 3(3)(e) as being less than his requirements,”;
b
in paragraphs (1)(b) and (2)(a) for“contribution assessment” there is substituted in each case“notice of entitlement”; and
c
in paragraph (2)(c) —
i
for“six months” there is substituted“one month”, and
ii
for head (ii) there is substituted the following: —
ii
a statement of the amount of his patient’s contribution, if any,
.
Amendment of regulation 9 of the principal Regulations
7
In regulation 9 of the principal Regulations (redemption value of voucher), in paragraph (2) for“regulation 3(3)(c)” there is substituted“regulation 3(2)(g)”.
Savings and transitional
8
1
Nothing in these Regulations shall prevent the use of a voucher duly issued to a person before 11th April 1988 in accordance with the principal Regulations.
2
A contribution assessment issued before 11th April 1988, pursuant to regulation 6(4) and (5) of the principal Regulations, to a person to whom a voucher was issued before that date may be used in accordance with the provisions of the principal Regulations as in force immediately before that date.
3
A person who, immediately before 11th April 1988, was an eligible person for the purposes of the principal Regulations by virtue of the issue to him of an exemption certificate pursuant to regulation 7(1)(i) of the National Health Service (Charges for Drugs and Appliances) Regulations 1980 shall continue to be an eligible person for those purposes for so long as that certificate remains in force.
4
Regulation 5(b)(i) of these Regulations shall not affect a claim for payment under regulation 7 of the principal Regulations in so far as it relates to the supply of an optical appliance before 11th April 1988.
5
Notwithstanding regulation 6(c)(i) of these Regulations, an application under regulation 8(2)(c) of the principal Regulations for a payment in respect of an optical appliance supplied before 11th April 1988 may be made within six months of the date of its supply.
Revocation
9
Schedule 2 to the principal Regulations is revoked.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
21st March 1988


text:
PART I
Citation, commencement and interpretation
1
1
This Order may be cited as the Tyne and Wear Residuary Body (Winding Up) Order 1988 and shall come into force on 10th October 1988.
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“the 1985 Act ” means the Local Government Act 1985;
“the abolished council” means the former Tyne and Wear County Council;
“the Residuary Body ” means the Tyne and Wear Residuary Body;
“the local council” means the council of a district in the county and in relation to property means the council of the district in which the property is situated;
“the county” means the county of Tyne and Wear;
“property”, except in article 10(2), does not include cash or the balance of any fund or account;
“South Tyneside” means the council of the district of South Tyneside; and
“the transfer date” means 11th October 1988.
3
For the purpose of any provision of this Order, other than article 5, which requires the payment or recovery of sums in the appropriate proportions —
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the county; and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to the 30th June which falls 21 months before the beginning of the financial year in which the payment falls to be made or the sum recovered, as the case may be.
PART II
TRANSFER OF PROPERTY, FUNCTIONS, RIGHTS AND LIABILITIES
Transfer of property, etc.
2
1
On the transfer date —
a
any immovable property of the Residuary Body which is the subject of an agreement for its disposal or option for its purchase, and any interest of the Residuary Body in any mortgage, shall vest in South Tyneside; and
b
all other property of the Residuary Body (whether movable or immovable) shall vest in the local council.
2
All rights and liabilities of the Residuary Body acquired or incurred, and all records relating exclusively to property transferred by paragraph (1) shall vest in the council to which it is so transferred.
3
In each financial year commencing with the financial year beginning 1st April 1988 South Tyneside shall pay to each of the other local councils the appropriate proportion of an amount equal to South Tyneside`s net revenue receipts from any property or interest vested by paragraph (1)(a), and net capital receipts from the repayment of principal in respect of any interest so vested or the disposal of any such interest or of any property so vested.
4
In the preceding paragraph, “net revenue receipts” means revenue receipts in the year in question after deducting the aggregate amount of expenditure incurred by South Tyneside in that year in connection with property vested by paragraph (1)(a); and “net capital receipts” means capital receipts in the year in question after deducting any amount by which net revenue receipts are a negative amount.
5
The balance of the net capital and revenue receipts shall be retained by South Tyneside.
Transfer of monies
3
1
Immediately before the transfer date, the Residuary Body shall set aside from their revenue balances the sum of #1 million (“the special fund”).
2
On the transfer date the Residuary Body shall transfer to South Tyneside from the special fund the sum of #800,000 which South Tyneside shall credit to a fund established by them under paragraph 16 of Schedule 13 to the Local Government Act 1972 which shall be applied only for making (otherwise than by virtue of article 2(1) of the Local Government Reorganisation (Designated Councils) (Pensions) Order 1986 ) payments in respect of contractual rights saved by section 53 of the 1985 Act or payments under —
a
Part VI of the Employment Protection (Consolidation) Act 1978 ,
b
section 1 of, or an order under section 2 of, the Pensions (Increase) Act 1971 ,
c
an order under section 59 of the Social Security Pensions Act 1975 ,
d
the Local Government Reorganisation (Compensation) Regulations 1986 ,
e
the Local Government Reorganisation (Reduction of Redundancy Payment Cases) Scheme 1986 .
3
On the transfer date all monies held by the Residuary Body and all sums standing to the credit of that Body on any account (other than the special fund) shall vest in South Tyneside.
4
On or before 31st March 1989 South Tyneside shall pay to each of the other local councils the appropriate capital and appropriate revenue sums as defined in paragraph (5).
5
In paragraph (4) —
“appropriate capital sum” means a sum equal to the appropriate proportion of the aggregate amount of capital money held by the Residuary Body or standing to its credit on any account immediately before the transfer date;
“appropriate revenue sum” means a sum equal to the appropriate proportion of the aggregate of all other sums which immediately before the transfer date are held by, or stand to the credit of, the Residuary Body on any account other than the special fund.
6
The amounts reflecting the difference between the amounts vested by paragraph (3) and the amounts which fall to be paid to other local councils by paragraph (4) shall be retained by South Tyneside as their share of the vested amounts.
7
In this article “capital money” means monies described in article 2(2)(a) of the Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 .
Compensation and superannuation matters
4
1
All the functions of the Residuary Body mentioned in paragraph (2) so far as they relate to any contract of employment with the abolished council or a contract of employment with the Residuary Body terminating on or before the transfer date and all rights and liabilities of that Body which arise from any such contract shall on the transfer date become functions of, or vest in, South Tyneside.
2
The functions referred to in paragraph (1) are —
a
functions in relation to the payment of compensation for loss of employment or loss or diminution of emoluments; and
b
functions conferred by regulation 3(1) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 .
3
All the functions of the Residuary Body under the Pensions (Increase) Act 1971 or paragraph 3(2) of Schedule 13 to the 1985 Act shall on the transfer date become functions of South Tyneside.
4
Regulation 3(3) of the Regulations mentioned in paragraph (2)(b) above shall apply to the exercise by South Tyneside of any discretionary function transferred by paragraph (1) as if references to the appropriate residuary body were references to that council.
5
Regulation 12 (apportionment of certain costs) of the Local Government Reorganisation (Compensation) Regulations 1986 shall not apply to any costs which are defrayed by virtue of any provision of this Order.
Block Grant
5
1
Any payment which by virtue of any provision of Part VI of the 1980 Act would but for this Order have fallen, by virtue of section 81 of the 1985 Act, to be made by or to the Residuary Body, shall be made by or to the local councils in the appropriate proportions.
2
For the purposes of paragraph (1) —
a
“the appropriate proportions” shall be construed in accordance with article 1(3)(a); and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference —
i
in the case of any payment attributable to the financial year ended 31st March 1985, 30th June 1982; and
ii
in the case of any payment attributable to the financial year ended 31st March 1986, 30th June 1983.
3
Any information, notice or request under section 65, 66 or 67 of the 1980 Act which but for this article would have fallen to be given or made by or to the Residuary Body shall be given or made by or to South Tyneside.
Transfer of rights and liabilities
6
1
On the transfer date all rights and liabilities of the Residuary Body which are not transferred by the preceding provisions of this Order shall vest in South Tyneside; but shall be held for the benefit of, or discharged on behalf of, all the local councils.
2
Liabilities in respect of money borrowed by the Residuary Body (both as respects principal and interest) transferred by paragraph (1) shall be charged on the revenues of South Tyneside.
Consequential financial provisions
7
1
Any net capital receipts paid to a local council pursuant to article 2(3) and the balance of net capital receipts retained by South Tyneside pursuant to article 2(5) shall be treated for the purposes of Part VIII (capital expenditure) of the 1980 Act as a capital receipt of the council.
2
Any sum paid to a local council as an appropriate capital sum under article 3(4) or retained by South Tyneside pursuant to article 3(6) and reflecting capital monies shall be treated for the purposes of the said Part VIII as a capital receipt of the council.
3
Regulations under sections 72(3)(d) and 75 of the 1980 Act shall apply to amounts to be treated by virtue of this article as capital receipts of a local council for the purposes of Part VIII as they apply to other receipts of the council.
4
Sums received by South Tyneside in respect of the disposal of assets vested in that council by article 2(1)(a) of this Order or in respect of the repayment of grants or advances of a capital nature the right to the repayment of which is vested in that council by this Order shall not be capital receipts for the purposes of Part VIII of the 1980 Act.
8
Any net capital receipts or appropriate capital sum paid to a local council pursuant to article 2(3) or 3(4), and the balance of net capital receipts and the appropriate capital sum retained by South Tyneside pursuant to articles 2(5) and 3(6), shall be applied for any purpose for which capital money received by a local council on the disposal of land under Part VII of the Local Government Act 1972 may properly be applied.
Consequential administrative arrangements
9
1
On or before 31st December 1988 and 31st October in any later year, South Tyneside shall notify every other local council of its estimate of the amount to be paid to that council in the current financial year by way of net capital receipts under article 2(3) or an appropriate capital sum under article 3(4) and of the classes of disposals and repayments to which that amount relates.
2
On making any payment of net capital receipts in pursuance of article 2(3) or of an appropriate capital sum in pursuance of article 3(4) South Tyneside shall notify the council of the classes of disposals and repayments to which the payment relates.
3
For the purposes of paragraphs (1) and (2), disposals and repayments shall be classified in accordance with Schedule 1 to the Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987 .
4
When South Tyneside send a notification under paragraph (1) or (2) to another council they shall send a copy to the Secretary of State and in the case of a notification under paragraph (2) advise the Secretary of State of the amount paid to that council.
5
South Tyneside shall —
a
before the relevant date mentioned in paragraph (1) provide the Secretary of State with an estimate of the amount they anticipate they will retain in the current financial year by way of capital monies and of the classes of disposals and repayments to which that amount relates; and
b
notify the Secretary of State when they retain any amount following a distribution of capital monies under paragraph (2) of the amount retained and the classes of disposals and repayments to which that amount relates.
6
The Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 shall cease to have effect in relation to the county on the transfer date.
PART III
WINDING UP
Winding up
10
1
In relation to the year beginning 1st April 1988, paragraph 10(1) of Schedule 13 to the 1985 Act shall have effect as if it referred to a report for a period between that date and 31st October 1988.
2
On 31st October 1988 the Residuary Body shall be wound up and any remaining functions, property, rights and liabilities shall vest in South Tyneside and be held by that council for the benefit of all the local councils or discharged by that council on their behalf, as the case may be.
Accounts
11
Any function under —
a
section 78 or 79 of the 1985 Act;
b
Part III of the Local Government Finance Act 1982 ; or
c
the Accounts and Audit Regulations 1983
which would, but for this Order, have fallen to be discharged on or after 1988 by the Residuary Body shall be discharged by South Tyneside.
PART IV
MISCELLANEOUS AND GENERAL
Apportionment
12
1
All money transferred to or sums realised by South Tyneside by or in pursuance of the transfer by this Order (other than articles 2(3) and 3(2) and (3)) of any property or rights shall, after deduction of any relevant expenditure, be apportioned among the local councils; and South Tyneside shall pay the appropriate proportion to each of the other local councils and shall retain the balance.
2
If in any financial year the aggregate in that year of the money and sums referred to in paragraph (1) is insufficient to meet any relevant expenditure for that year, that expenditure shall, to the extent that it is not met from that aggregate, be apportioned among the local councils; and the appropriate proportion shall be recoverable by South Tyneside from each of the other local councils.
3
In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
Continuity of the exercise of functions
13
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes the function of South Tyneside shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to that council.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Continuity of employment in certain cases
14
Where the employment by the Residuary Body of any person is terminated, and that termination is attributable to any provision of this Order, regulation 5 (continuity of employment) of the Local Government Superannuation (Local Government Reorganisation) Regulations 1985 shall apply as if, for the purposes of paragraph (1)(b)(ii), the termination were not attributable to an order under section 67(3) of the 1985 Act.
Complaints of maladministration by Residuary Body
15
1
The Parliamentary Commissioner may investigate, or, as the case may be may continue to investigate, a complaint of maladministration by the Residuary Body notwithstanding its winding up.
2
In relation to any such investigation begun or continued after the transfer date, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the principal officer of the Residuary Body there were substituted a reference to the proper officer of South Tyneside, and as if any specified action had been taken by South Tyneside.
Nicholas Ridley
Secretary of State for the Environment
13th September 1988


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Harbour Undertakings (Pilotage Accounts) Regulations 1988 and shall come into force on 25th January 1989.
Interpretation
2
Expressions used in these Regulations which are also defined in either the Harbours Act 1964 or the Pilotage Act 1987 (hereinafter referred to as “the Act”) shall have the same meaning as in those Acts.
Application
3
1
These Regulations apply to a statutory harbour undertaker which is a competent harbour authority except one which has made arrangements under section 11(2) of the Act for all its pilotage functions (other than its duty under section 2(1) of the Act) to be exercised on its behalf by another competent harbour authority; and its activities in relation to pilotage are hereby prescribed as associated activities for the purposes of section 42 of the Harbours Act 1964.
2
Where a competent harbour authority is responsible for the provision of pilotage services in relation to more than one harbour (whether or not pursuant to an arrangement made under section 11(2) of the Act) these Regulations shall be taken as applying to it separately in relation to each harbour or group of harbours where the provision of pilotage services is limited to ships navigating in or in the approaches to that harbour or group of harbours.
3
Where any pilotage activities are carried out on a competent harbour authority’s behalf by any agent under an arrangement made pursuant to section 11(1) of the Act these Regulations shall apply to the competent harbour authority as if it were carrying out these activities.
4
Regulation 5 of the Statutory Harbour Undertakings (Accounts etc ) Regulations 1983 shall not apply to the associated activities prescribed by these Regulations.
5
The exemption in regulation 6 of the Statutory Harbour Undertakings (Accounts etc) Regulations 1983 shall not apply for the purposes of these Regulations.
Pilotage Accounts
4
In addition to complying with any requirements of the Companies Act 1985 as to the form and contents of accounts and reports applicable to it, in its statement of accounts a competent harbour authority shall:
1
separately identify revenue from its charges in respect of
a
pilotage services provided by it as authorised by section 10(1) of the Act; and
b
use of a pilotage exemption certificate issued by it as authorised by section 10(3) of the Act; and
2
set out the aggregate total of expenditure incurred in
a
providing the services of a pilot;
b
providing, maintaining and operating any pilot boats;
c
meeting liabilities arising under Part III of the Act; and
d
administration and any other costs not included in (a)–(c) above in respect of its pilotage functions.
Publication of Pilotage Accounts
5
Copies of any statement of accounts identifying the matters required under Regulation 4 above shall be available for inspection by the public at all reasonable hours at the registered office of the competent harbour authority, and the competent harbour authority shall make copies available for purchase by members of the public at a reasonable charge.
Transitional Provision
6
The first statement of pilotage accounts identifying the matters required under Regulation 4 above shall relate to the period between 1st October 1988 and a date no later than 1st April 1990.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
16th December 1988


text:
1
This Order shall come into force on 15th December 1988 and may be cited as the Consular Fees (Amendment) (No. 2) Order 1988.
2
Part II of the table of consular fees in the Schedule annexed to the Consular Fees Order 1987 shall be amended as follows —
a
in Fee 18 the words “or issuing a replacement passport which contains such amendment” shall be added after the word “holder”;
b
in Fee 19 the words “or issuing a replacement passport which contains such addition or amendment” shall be added after the word “issue”; and
c
after Fee 22 there shall be added the following provision —
22A
Receiving in the United Kingdom an application made in the United Kingdom for a certificate of entitlement to the right of abode 12.50.
.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1988.
2
This Regulation shall come into force on 1st August 1988. Regulations 2 to 4 of these Regulations shall come into force on that date for the purposes of–
a
determining a child’s eligibility, or his selection, for an assisted place to be taken up on or after 1st September 1988; and
b
determining remission questions (within the meaning of regulation 9 of the principal Regulations) for a school year, or part of a school year, beginning on or after that date
and on 1st September 1988 for all other purposes.
3
In these Regulations a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1985 .
2
1
At the end of regulation 7 of the principal Regulations there shall be added the following paragraph–
3
A school shall not select for an assisted place a child the whole of whose fees for his first assisted year are required to be paid in pursuance of an order of a court.
.
2
In regulation 12 of the principal Regulations after paragraph (1) there shall be inserted the following paragraph–
1A
The parents of an assisted pupil shall not be entitled to any remission of fees which are required to be paid in pursuance of an order of a court.
.
3
In paragraph 3 of Schedule 1 to the principal Regulations (computation of income)–
a
at the end of sub-paragraph (a) there shall be added the words “or provided for in section 26 of the Finance Act 1987 or, so far as applicable in respect of a financial year ending after 5th April 1988, the corresponding provision contained in the Income and Corporation Taxes Act 1988 ”;
b
after sub-paragraph (b) there shall be inserted–
bb
in pursuance of section 31 of the Finance ( No. 2) Act 1987 or, so far as applicable in respect of a financial year ending after 5th April 1988, the corresponding provision contained in the Income and Corporation Taxes Act 1988 (relief for contributions to personal pension schemes);
.
4
In paragraph 1 of Schedule 2 to the principal Regulations (scales of remission) for the sum “£6,972” there shall be substituted the sum “£7,258” and for the Table in paragraph 2 of that Schedule there shall be substituted the following Table–
Table
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils
That part which exceeds £7,092 but does not exceed £7,711 9% 6.75% 5.25% That part (if any) which exceeds £7,711 but does not exceed £8,341 12% 9% 7% That part (if any) which exceeds £8,341 but does not exceed £9,591 15% 11.25% 8.75% That part (if any) which exceeds £9,591 but does not exceed £11,513 21% 15.75% 12.25% That part (if any) which exceeds £11,513 but does not exceed £14,023 24% 18% 14% That part (if any) which exceeds £14,023 33% 24.75% 19.25%
Kenneth Baker
Secretary of State for Education and Science
11th July 1988
Peter Walker
Secretary of State for Wales
12th July 1988


text:
1
These Rules may be cited as the Crown Court (Amendment) Rules 1988 and shall come into force on 1st August 1988.
2
1
The Crown Court Rules 1982 shall have effect subject to the amendments specified in the Schedule to these Rules.
2
Nothing in these Rules shall apply in connection with an appeal against a decision of a juvenile court in any proceedings begun in that court before the date of their coming into force.
MacKay of Clashfern, C.
Lane, C.J.
Stephen Brown, L.J.
Anthony McCowan, J.
Douglas Brown
Richard Lowry
D. R. Thompson
M. J. Langton
L. J. J. Morgan
L. Naylor
Dated 24th May 1988


text:
1
These Regulations may be cited as the Motorcycles (Sound Level Measurement Certificates) (Amendment) Regulations 1988 and shall come into force on 21st October 1988.
2
The Motorcycles (Sound Level Measurement Certificates) Regulations 1980 are hereby amended in accordance with the following provisions of these Regulations.
3
In regulation 2(1) —
a
the definition of “an affirmative sound level measurement certificate” and the preceding word “and” shall be omitted, and
b
in the definition of “the Council Directive” there shall be inserted after the words “23rd November 1978” the words “as amended by Council Directive 87/56/ EEC of 18th December 1986” .
4
In regulation 4(1) for the words “specifying, in particular, whether or not” there shall be substituted the words “stating that”.
5
In regulations 4(2) to (4), 5(1), 7(1)(a), 8(1) and 9(3)(b) for the words “an affirmative sound level certificate” wherever they occur there shall be substituted the words “a sound level measurement certificate”.
6
In the form specified in Schedule 2: —
a
in the heading, after “23rd November 1978” there shall be inserted “as amended by Council Directive 87/56/EEC of 18th December 1986”;
b
for paragraph 6 there shall be substituted —
6
The type of motorcycle conforms with the requirements of Council Directive 78/1015/EEC as amended by Council Directive 87/56/EEC .
;
c
at the end of footnote (3), there shall be added “as amended by Directive 87/56/EEC ”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
21st September 1988


text:
Citation and interpretation
1
1
This Order may be cited as the Disabled Persons (Services, Consultation and Representation) Act 1986 (Commencement No. 4) Order 1988.
2
This Order shall not apply to Scotland.
3
In this Order“ the Act ” means the Disabled Persons (Services, Consultation and Representation) Act 1986.
Day specified for the 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 specified in column 2 thereof) shall come into force on 1st February 1988.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
18th January 1988


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) Regulations 1988 and shall come into force on 1st December 1988.
2
For regulation 66 of the Value Added Tax (General) Regulations 1985 there shall be substituted the following:
66
In Scotland, the following provisions shall have effect:
a
Where the Commissioners are empowered to apply to the Sheriff for a warrant to authorise a Sheriff Officer to recover any amount of tax or any sum recoverable as if it were tax remaining due and unpaid, any application, and any certificate required to accompany that application, may be made on their behalf by a Collector of Customs and Excise or an officer of rank not below that of Senior Executive Officer.
b
Where, during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 , the Commissioners are entitled as a creditor to do any acts, then any such acts, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector of Customs and Excise or an officer of rank not below that of Senior Executive Officer.
.
Colin C. Finlinson
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
30th November 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Dependency Payments) Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations the “ 1975 Act ” means the Social Security Act 1975 .
Lump sum payments
2
A person shall be entitled to a single payment of £350 where, on 10th April 1988, he was entitled to a pension payable at a weekly rate by virtue of any of the following enactments, that is to say, section 71(2), 72 (other than 72(5)) or 73 of the 1975 Act (dependency payments).
Saving
3
1
Where on 10th April 1988 —
a
a person was entitled to any benefit by virtue of section 71, 72 (other than 72(5)(b)) or 73 of the 1975 Act, and
b
that benefit was being paid to him by means of a book of benefit orders,
the section under which entitlement to that benefit arises shall, notwithstanding its repeal, continue to apply in his case until the day after the date specified for encashment on the last of the orders in that book.
2
Where a person was entitled under section 72(5)(b) of the 1975 Act to payment of benefit for a period of 13 weeks and those 13 weeks had not expired by 10th April 1988, that section shall, notwithstanding its repeal, continue to apply in his case until the 13 weeks have expired.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
18th March 1988.


text:
1
This Order may be cited as the Education (NAB Staff) Order 1988 and shall come into force on 31st December 1988.
2
The persons employed by NAB listed in the Schedule to this Order are hereby designated for transfer under section 136 of the Education Reform Act 1988 to the employment of the Polytechnics and Colleges Funding Council on 31st December 1988.


text:
1
These Regulations may be cited as the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1988 and shall come into force on 15th January 1989.
2
The Rent Assessment Committees (England and Wales) Regulations 1971 are amended as follows —
1
insert at the end of the definition of “reference” in regulation 2(2) “or which is referred or made under section 6, 13 or 22 of the Housing Act 1988”;
2
insert before “as the case may be” in regulation 2(3) “or regulation 2A(4) of these regulations”;
3
insert after regulation 2 —
1988 Act references
2A
1
This regulation applies where a reference is made under section 6, 13 or 22 of the Housing Act 1988.
2
The committee shall serve on each party a notice specifying a period of not less than 7 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by that party to the committee.
3
A notice served under paragraph (2) above on the party who did not make the reference shall be accompanied by a copy of the reference.
4
Where a party makes a request to make oral representations within the period specified in paragraph (2) above (or such further period as a committee may allow), the committee shall give him an opportunity to be heard in person or by a person authorised by him, whether or not that person is of counsel or a solicitor.
5
The committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of paragraph (2) above.
;
4
insert after “the Rent Act 1977” in regulation 3(4) “or regulation 2A(2) of these regulations”;
5
insert after “dwelling-houses” in regulation 5(1)(b) “or, as the case may be, to the terms (including rent) of assured tenancies or assured agricultural occupancies of other dwelling-houses where such tenancies or occupancies have been the subject of a reference to a committee and in either case”, and omit the following “and”.
Signed by authority of the Secretary of State
John Selwyn Gummer
Minister of State,
Department of the Environment
13th December 1988
Peter Walker
Secretary of State for Wales
14th December 1988


text:
1
This Order may be cited as the Criminal Justice Act 1987 (Commencement No. 2) Order 1988.
2
The provisions of the Criminal Justice Act 1987 specified in the Schedule to this Order shall come into force on 6th April 1988.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
4th March 1988


text:
Citation and commencement
1
These Regulations may be cited as the Electro-medical Equipment (EEC Requirements) Regulations 1988 and shall come into force on 11th October 1988.
Interpretation
2
In these Regulations —
“the Act of 1968 ” means the Trade Descriptions Act 1968 ;
“ the Directive ” means Council Directive 84/539/EEC on the approximation of the laws of the member States relating to electro-medical equipment used in human or veterinary medicine ;
“declaration” means a declaration which conforms with the specimen declaration contained in Annex IV to the Directive;
“electro-medical equipment” means electro-medical equipment listed in Annex II to the Directive which is intended, by its nature, for use in human or veterinary medicine;
“the reversed epsilon” means a mark which conforms with the specimen mark contained in Annex III to the Directive;
“supply” has the same meaning as in section 46 of the Consumer Protection Act 1987 and includes offering to supply, agreeing to supply, exposing for supply and possessing for supply.
Marking
3
Where any person supplies electro-medical equipment which is marked with the reversed epsilon (or with a mark so closely resembling it as to be likely to be taken to be the reversed epsilon) or to which a declaration has been applied but that equipment does not comply with the technical requirements contained in Annex I to the Directive that person shall be guilty of an offence.
Application of the Trade Descriptions Act 1968
4
1
The following provisions of the Act of 1968 shall (with necessary modifications) apply in relation to an offence under these Regulations as they apply in relation to an offence under that Act (modified where appropriate in relation to Northern Ireland by section 40(1) of that Act ), that is to say sections 18 , 19 , 20, and 24.
2
The following provisions of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as they apply in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland by section 40(1) of that Act), that is to say sections 26 , 27, 28 , 29 and 30(1).
3
Section 33 of the Act of 1968 (modified in relation to Northern Ireland by section 40(1) of that Act) shall apply in relation to compensation for goods seized and detained under these Regulations as it applies to compensation for goods seized and detained under that Act.
Enforcement of health and safety legislation
5
1
In any proceedings against a person for an offence under any of the relevant statutory provisions (as defined by section 53(1) of the Health and Safety at Work etc Act 1974 or, as the case may be, article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 ) which imposes requirements on grounds of safety relating to the manufacture of electro-medical equipment for use at work, it shall be a defence for that person to show that that equipment conforms with the requirements of the Directive.
2
Where an improvement notice or prohibition notice has been served on any person pursuant to section 21 or, as the case may be, section 22 of the Health and Safety at Work etc Act 1974, or articles 23 or 24 of the Health and Safety at Work (Northern Ireland) Order 1978, if the person upon whom the notice was served appeals to an industrial tribunal pursuant to section 24 of the said Act or article 26 of the said Order and shows that the notice refers to grounds of safety relating to the manufacture of electro-medical equipment for use at work which conforms with the requirements of the Directive, the tribunal shall cancel the notice.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
9th September 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Property) (Tyne and Wear) Order 1988 and shall come into force on 22nd July 1988.
2
In this Order “the Body” means the Tyne and Wear Residuary Body.
Specified Land
2
There shall vest in each local authority mentioned below the land of the Body which is specified in the corresponding Schedule —
Local Authority Schedule
Gateshead Metropolitan Borough Council 1 Newcastle City Council 2 North Tyneside Metropolitan Borough Council 3 South Tyneside Metropolitan Borough Council 4 Sunderland Metropolitan Borough Council 5
Bowes Railway
3
Any land forming the course or former course of the Bowes Railway, and any land associated with and adjoining such land, which is vested in the Body shall vest in the local authority in whose area the land is situated.
Rights and liabilities
4
All rights and liabilities acquired or incurred by the Body exclusively in connection with any land transferred by this Order shall vest in the local authority to which that land is transferred.
Nicholas Ridley
Secretary of State for the Environment
23rd June 1988


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Exchequer Causes) 1988 and shall come into force on 2nd May 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Lord Ordinary in Exchequer Causes
2
From the date this Act of Sederunt comes into force, the Lord Ordinary in Exchequer Causes under section 2 of the Exchequer Court (Scotland) Act 1856( ) shall be the Honourable Lord Coulsfield.
Emslie
Lord President, IPD
Edinburgh
7th April 1988


text:
1
These Regulations may be cited as the Police Cadets (Amendment) Regulations 1988, and shall come into force on 23rd May 1988.
2
Regulation 5 of the Police Cadets Regulations 1979 shall be amended as follows: —
a
in paragraphs (3) and (5) after the words“chief officer of police” there shall be inserted the words“(or, in the case of the metropolitan police force, an assistant commissioner of police)”; and
b
in paragraph (5) for the words“(or, in the case of the City of London and metropolitan police forces, with an assistant commissioner of police)” there shall be substituted the words“(or, in the case of the metropolitan police force, with an assistant commissioner of police, a deputy assistant commissioner of police or a commander)”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
14th April 1988


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No.2) Amendment Order 1988 and shall come into force on 11th January 1988.
Amendment of the Export of Sheep (Prohibition) (No.2) Order 1987
2
The Export of Sheep (Prohibition) (No.2) Order 1987 is hereby amended by substituting for article 2(4)(b) the following sub-paragraph: —
b
any sheep which was marked with a blue mark, with an apricot mark or with a green mark as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area given on or before 21st December 1986, 26th July 1987 or 27th September 1987 respectively.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on 5th January 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1988 and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1989.
Tom King
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
6th July 1988