text:
Citation and commencement
1
This Order may be cited as the Cholsey and Wallingford Light Railway Order 1989 and shall come into force on 3rd October 1989.
Interpretation
2
In this Order unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: — “the Board” means the British Railways Board; “the Council” means the Wallingford Town Council in the district of South Oxfordshire; “the Society” means the Cholsey and Wallingford Railway Preservation Society incorporated under the Companies Act 1985 and whose registered office is at7 St Martin’s Street, Wallingford, Oxfordshire, OX10 0AN; “the principal Act” means the Light Railways Acts 1896 and 1912, as amended by the Railways Act 1921; “the enabling Acts” means the Wallingford and Watlington Railway Act 1864 and the Great Western Railway Act 1872 ; “the Board’s railway” means so much of the former railway of the Board in the district of South Oxfordshire in the County of Oxfordshire authorised by the enabling Acts as is co-extensive with the railway described in the Schedule to this Order including all lands and works relating thereto; “the Society’s railway” means the railway in the district of South Oxfordshire authorised to be constructed, made and maintained by the Society pursuant to article 4 of this Order, and where any part of that railway remains uncompleted, includes the site of that part:and all directions and distances stated in the description of the Board’s railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The provisions of the Railways Clauses Consolidation Act 1845 , except sections 8, 9, 11 to 15, 32 to 44, 46 to 57, 59 to 62, 94, 95, 97 and 115 to 124, are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.
2
Subject to the provisions of this Order such of the enactments mentioned in the Second Schedule to the Light Railways Act 1896 as are still in force shall not apply to the Society’s railway except for section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and Company’s servants to be provided) and section 1 (power to order certain provisions to be made for public safety) and section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 .
3
In its application to the Society’s railway section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
4
Without prejudice to the generality of the foregoing, section 118 of the Transport Act 1968 shall apply to the Society’s railway as if for the references therein to the Board there were substituted references to the Society.
Power to make railway
4
1
The Society may on lands owned by it or leased from the Council and on the same line and levels as the Board’s railway construct, make and maintain a railway together with all necessary works and conveniences connected therewith.
2
Subject to the provisions of this Order the Society’s railway or any part of it shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as they are still subsisting and effective) and the Society shall to the exclusion of the Board be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as aforesaid) with the intent that the Board shall be released from all such obligations.
3
Upon the expiration or sooner determination of any lease of lands granted by the Council to the Society for the purposes of paragraph (1) of this article, the Council shall be subject to all obligations statutory or otherwise relating to the Society’s railway (insofar as they are then still subsisting and effective).
Power to work Society’s railways as a light railway
5
Subject to the provisions of this Order the Society may work the Society’s railway as a light railway under the principal Act.
Gauge of railway and motive power
6
The Society’s railway shall be constructed to a gauge of 1435 millimetres (four feet eight and one half inches) and the motive power shall be steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Society to use electrical power as motive power unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages:
Provided also that, if electrical power is used as motive power on the Society’s railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Restriction of weight on rails and of speed and as to conveyance of passengers
7
1
The Society shall not use upon the Society’s railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Society shall not run any train or engine upon any part of the Society’s railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the Society’s railway shall be used for the conveyance of passengers without the permission in writing of the Secretary of State and the Society shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Society’s railway.
4
If the Society act in contravention of any of the provisions of this article they shall for each offence be liable on summary conviction to a penalty not exceeding one hundred pounds.
As to public liability insurance
8
1
In this article “insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community; “policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than £1 million.
2
i
The Society shall not work the Society’s railway unless there is in force a policy in accordance with the provisions of this article.
ii
In default of compliance with the provisions of this article the Society shall be liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the Society.
For protection of public gas suppliers
9
Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986 , in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Society’s railway is constructed.For protection of the Southern Electricity Board
10
The following provisions shall have effect unless otherwise agreed in writing between the Society and the electricity board.
1
In this article: — “the electricity board” means the Southern Electricity Board and any statutory successor; “apparatus” means any electric line or works (as respectively defined in the Electric Lighting Act 1882 ) belonging to the electricity board; “specified works” means: — the raising of the level of the ground or the rails by more than one metre; orthe erection of any structure (including any poles or wires) over three metres high; orthe use of tools, implements, plant or machinery capable of extending to a height of over three metres above rail level; “specified distance” in relation to any apparatus shall be measured from the point on the ground which is vertically above or below such apparatus and such distance shall be: — four metres in relation to any overhead apparatus; and two metres in relation to any surface apparatus. “emergency” means an accident or incident which may reasonably appear to the Society to be an emergency.
2
Nothing in this Order shall prejudice or affect the rights of the electricity board in respect of any apparatus situated in, under, over or upon the land to which the Order relates.
3
Except in an emergency, before commencing any specified works within a specified distance of any apparatus the Society shall give the electricity board not less than fourteen days' notice in writing of the proposed works and such works shall be executed only in accordance with such reasonable requirements as may be made by the electricity board for the protection of the apparatus, or for securing access to it.
Where such work is undertaken as the result of an emergency the Society shall immediately or as soon as is reasonably practicable inform the electricity board by telephone of the intention to commence work, and the electricity board shall take such immediate steps as are necessary to protect the public, the Society’s staff or employees, the emergency services and, where appropriate, their apparatus.
If by reason of any such works it is in the reasonable opinion of the electricity board necessary to raise, lower or otherwise alter the position of any apparatus, the expenses reasonably incurred in so doing shall be paid by the Society.
4
If by reason or in consequence of the execution or user by the Society of any works authorised by this Order any damage to any apparatus or any interruption in the supply of electricity by the electricity board shall be caused, the Society shall pay the cost of making good such damage or of restoring such supply, and shall make reasonable compensation to the electricity board for any loss sustained by them and indemnify them against all claims in respect of such damage or interruption.
5
The electricity board shall make good and compensate the Society for any injury or damage sustained by the Society resulting from the collapse or failure of any apparatus (except such as may be due to the negligence or wrongful act of the Society or its agents) and indemnify the Society against all claims in respect thereof.
Costs of Order
11
All costs, charges and expenses of and incidental to the preparing for, obtaining and making of this Order or otherwise in relation thereto shall be paid by the Society and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J. R. Coates
An Under Secretary in
the Department of Transport
2nd October 1989


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Amendment) Regulations 1989, and shall come into force on 1st April 1989, but regulations 2, 4(b), 5(a)(i), (b), (c), (e)(i) and (f), 8 to 11, 14 and 24 to 26 shall have effect as from 1st March 1986, regulations 17, 18(a) and 19 shall have effect from 1st April 1986, and regulations 3 and 22 shall have effect from 6th April 1988.
2
In these Regulations“the principal Regulations ” means the Local Government Superannuation Regulations 1986 and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Exclusion from reckonable service and qualifying service
2
Regulation D3 of the principal Regulations is amended by inserting after paragraph (7) the following:
8
A woman who exercises, in accordance with section 47 of the Employment Protection (Consolidation) Act 1978 a right to return to work after being absent from work wholly or partly because of pregnancy or confinement is, unless she has given notice under regulation E2(9)(c), to be treated as not having entered a local government employment in any of the circumstances mentioned in this regulation.
.
Guaranteed minimum pension for certain pensionable employees and their widows or widowers
3
Regulation E1 of the principal Regulations is amended–
a
by inserting at the end of the heading the words“or widowers”;
b
in paragraph (3)(c) by substituting for the word“he” the words“the pensionable employee is a man and” and for the words“and leaves” the word“leaving”;
c
after paragraph (3)(c) by inserting the following:
d
if the pensionable employee is a woman and dies at any time leaving a widower, unless he is entitled to a widower’s pension at a higher rate he is, during any such period as is prescribed under section 36(7A) of the Pensions Act , entitled to a pension at a weekly rate equal to half of that part of the pensionable employee’s guaranteed minimum which is attributable to earnings factors for the tax year beginning 6th April 1988 and subsequent tax years.
; and
d
after paragraph (3) by inserting the following:
4
The guaranteed minimum pensions referred to in paragraph (3) shall, insofar as they are attributable to earnings factors in the tax years from (and including) 1988-89, be increased in accordance with the requirements of section 37A of the Pensions Act and to the extent of any orders made thereunder.
.
Entitlement to retirement pension and retiring allowance
4
Regulation E2 of the principal Regulations is amended–
a
by substituting for paragraphs (7) and (8) the following:
7
Subject to paragraph (11), benefits to which a man has become entitled by virtue of paragraph (1)(d) are payable–
a
if he ceased the employment before he attained the age of 65 years and has made an election by notice in writing given to the employing authority not later than 3 months after ceasing to hold the employment, immediately on ceasing the employment;
b
if he ceased the employment before he attained the age of 65 years and has not made an election under sub-paragraph (a) above, from the date on which he attains the age of 65 years;
c
if he ceased the employment on or after attaining the age of 65 years, immediately on ceasing the employment.
8
Benefits to which a woman has become entitled by virtue of paragraph (1)(d) are payable from the first date on which she has both attained the age of 60 years and is no longer in any local government employment.
;
b
by inserting after paragraph (9)(c) the following:
or
d
if the body who employed him in the employment which he ceased to hold certify under regulation E24 that on ceasing to hold it he suffered a material reduction in remuneration.
; and
c
in paragraph (11) by substituting for the words“(6) or (8)(a)” the words“(6) or (7)(a)”.
Death grant
5
Regulation E11 of the principal Regulations is amended–
a
in paragraph (3)–
i
by inserting after the words“C is the length in years of his reckonable service” the following:
C1 is the length in years of the reckonable service that would have been taken into account in calculating a retirement pension if he had become entitled to one under regulation E2(1)(b)(i) (permanent ill-health etc. ) on the day of his death,
C2 is the length in years of the reckonable service taken into account in calculating his retirement pension,
, and
ii
by substituting for the words“G is the annual rate of his retirement pension” the words“G is the total amount that would (or would but for regulation E15 or his death, or both,) have been paid to him by way of retirement pension for the first 5 years after he became (or would but for regulation E15 have become) entitled to receive payments in respect of the pension”;
b
by substituting for paragraph (4) the following:
4
subject to paragaph (9), where paragraph (1)(a) applies the amount of the death grant is the greater of A and (B × Cl).
4A
Subject to paragraphs (9) and (11), where paragraph (1)(b) or (c) and paragraph (2)(b) apply and the deceased became entitled to the retirement pension otherwise than by virtue of regulation E2(1)(c) the amount of the death grant is the greater of A and (B × C2).
;
c
in paragraph (5)–
i
by substituting for sub-paragraph (b) the following:
b
paragraph (1)(b) or (c) and paragraph (2)(a) apply and–
i
the deceased became entitled to the retirement pension by virtue of regulation E2(1)(c), and
ii
the reckonable service that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until pensionable age is 10 years or more,
, and
ii
by substituting for the formulae
(
B
×
C
)
-
(
D
+
E
)
and
C
F
×
(
A
-
(
D
+
E
)
)
the formulae
(
B
×
C2
)
-
(
D
+
E
)
and
C2
F
×
(
A
-
(
D
+
E
)
)
;
d
in paragraph (6), by substituting for the words“is 5 × G” the words“is G”;
e
in paragraph (7)–
i
in sub-paragraph (a), by substituting for the words after“regulation E2(1)(c)” the words“and the reckonable service that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until pensionable age is less than 10 years, or”, and
ii
by substituting for the formula
C
F
×
(
5
×
G
)
-
H
; the formula
C2
F
×
(
G
-
H
)
; and
f
in paragraph (8), by substituting for the formula“B × C” the formula“B × C2”.
Reduction of retirement pension in the case of certain re-employed pensioners
6
Regulation E15 of the principal Regulations is amended by inserting after paragraph (11) the following:
11A
It is the duty of a person who has become entitled to a retirement pension–
a
to inform any scheduled body with whom he proposes to accept a new employment that he is so entitled, and
b
on entering a new employment, forthwith to notify in writing the body from whom he has become entitled to receive the pension that he has entered that employment.
.
Combined benefits in the case of certain re-employed pensioners
7
Regulation E16 of the principal Regulations is amended–
a
in paragraph (1)–
i
in sub-paragraph (b), by substituting for the words“whole-time” the words“employment which was or became”,
ii
by deleting sub-paragraph (c),
iii
in sub-paragraph (d), by deleting the words“which has become payable”, and
iv
by substituting for the words“the second retirement pension became payable” the words“he became entitled to the second retirement pension”;
b
in paragraph (2), by inserting after the words“the second retirement pension became” the words“or becomes”;
c
in paragraph (4)–
i
by substituting for the word“received” the words“was entitled to”,
ii
by inserting after sub-paragraph (a) the following:
aa
if he has not received the allowance before becoming entitled as mentioned in paragraph (2)(a) he ceases to be entitled to it,
, and
iii
in sub-paragraphs (b) and (c), by inserting after the words“if” the words“he has received the retiring allowance and”; and
d
in paragraph (5), by substituting for the word“reduced”, in both places where it occurs, the words“subject to reduction”.
Separate benefits in the case of certain re-employed pensioners
8
Regulation E17 of the principal Regulations is amended by substituting for paragraph (4) the following:
4
Subject to paragraph (5), if when the person dies paragraph (4) of regulation E11 (death grant) applies, it applies with the substitution for the words“is the greater of A and (B × Cl)” of the words“is (B × Cl)”; and if paragraph (4A) of regulation E11 applies, it applies with the substitution for the words“is the greater of A and (B × C2)” of the words“is (B × C2)”.
Pensionable remuneration
9
Regulation E22 of the principal Regulations is amended in paragraph (8)(b) by inserting after the words“regulation E11(4)” the words“or (4A)”.
Certificates as to reduction in remuneration
10
Regulation E24 of the principal Regulations is amended–
a
in paragraph (1), by substituting for the words“the remuneration of an employment which he continues to hold” the word“remuneration”; and
b
by inserting after paragraph (1) the following:
1A
A person suffers a reduction in remuneration if–
a
the remuneration of an employment which he continues to hold is reduced, or
b
he is transferred to another employment under the same scheduled body at a reduced remuneration.
.
Persons entitled before 1st April 1974 to preserved benefits
11
The principal Regulations are amended by inserting in Part G after regulation G10 the following:
Persons entitled before 1st April 1974 to preserved benefits
G11
In the case of a person who is entitled to preserved benefits to which he became entitled by virtue of regulation E2(1)(c) of the 1974 Regulations as applied by Part K of those Regulations–
a
the preserved benefits are subject to reduction, but
b
on return to local government employment previous service becomes reckonable on repayment of returned contributions,
as if regulations K1(7), D1(2) (with the substitution for“the appointed day” of“1st April 1989”) and D1(3) of the 1974 Regulations had continued to have effect.
.
Right to reckon service
12
Regulation J9 of the principal Regulations is amended in paragraph (1)(b) by substituting for the words after“qualifying service” the words“all the service to which the transfer value relates”.
Revaluation of guaranteed minimum in certain cases
13
The principal Regulations are amended by inserting in Part J after regulation J14 the following:
Revaluation of guaranteed minimum in certain cases
J15
1
This regulation applies where a person has ceased to be a pensionable employee and the guaranteed minimum in relation to his pension is appropriately secured within the meaning of section 52C(4) of the Pensions Act .
2
The earnings factors of such a person shall be determined for the purposes of section 35(2) of the Pensions Act by reference to the last Order under section 21 of that Act to come into force before the end of the tax year in which he ceased to be a pensionable employee and without reference to the last such Order to come into force before the end of the final relevant year.
3
The weekly equivalent mentioned in section 35(2) of the Pensions Act is to be increased in accordance with any additional requirements for the time being prescribed for the purposes of section 45(1)(b) (exclusion from liability to pay a limited revaluation premium) of that Act.
4
In this regulation“relevant year” has the meaning given in section 35(9) of the Pensions Act.
.
Allowances for pensioners
14
Regulation L5 of the principal Regulations is amended in paragraph (1)(c) by substituting for the words“regulation E1(2)(b)(ii)” the words“regulation E22(4)”.
Transfer of certain sums from the superannuation fund
15
Regulation M2 of the principal Regulations is amended by inserting after paragraph (1)(b) the following:
and
c
either–
i
he became entitled to benefits under regulation E2(1) and a direction has been given under regulation M1(1), or
ii
he did not become so entitled and the total of his reckonable service and qualifying service is less than 2 years.
.
Recovery or retention by employing authority of certain sums from the superannuation fund
16
Regulation M3 of the principal Regulations is amended by inserting after paragraph (1)(b) the following:
and
c
is entitled to benefits under regulation E2(1).
.
Management of superannuation fund
17
In regulation P2 (which shall become regulation P2(1)) of the principal Regulations, at the end there shall be added–
2
An administering authority may pay out of moneys forming part of their superannuation fund any costs, charges and expenses incurred by them in administering the fund.
3
For the purpose of paragraph (2) above“costs, charges and expenses incurred by them in administering the fund” includes costs, charges and expenses incurred by the administering authority in connection with a scheme to which contributions are payable under regulation C9A, and excludes costs, charges and expenses incurred in connection with a retirement benefits scheme approved by the Commissioners of Inland Revenue under section 591(1) and (2)(h) of the Income and Corporation Taxes Act 1988 .
.
Use and investment of superannuation fund’s moneys
18
Regulation P3 of the principal Regulations is amended–
a
by substituting for the words“P2(c)” in paragraph (2) the words“P2(1)(c)”;
b
by substituting for paragraph (4)(b)(iii) the following:
iii
a deposit with the Bank of England, an instutition authorised under Part I of the Banking Act 1987 or a person for the time being specified in Schedule 2 to that Act,
;
c
in paragraph (4)(d), by substituting for the words“paragraph 13 or 14 of Schedule 1 to the Banking Act 1979” the words“paragraph 12 or 13 of Schedule 2 to the Banking Act 1987”; and
d
by substituting for paragraph (5)(b) the following:
b
deposited with the Bank of England, an institution authorised under Part I of the Banking Act 1987 or a person for the time being specified in paragraphs 1 to 11 of Schedule 2 to that Act.
.
Payments by employing authorities to administering authorities
19
Regulation P10 of the principal Regulations is amended–
a
in paragraph (1)(d) by the insertion before the words“a contribution” of the words“except where paragraph (1A) applies”; and
b
by the insertion after paragraph (1) of the following:
1A
A scheduled body who are not an administering authority shall not be required to pay to an administering authority a contribution towards the cost of the administration of the fund where that cost is, under regulation P2(2), paid out of moneys forming part of the fund.
.
Pensions Act payments
20
The principal Regulations are amended by substituting for regulation P13 the following:
Pensions Act payments
P13
1
Any increase in a pension which is required by virtue of sections 41A to 41C (protection of pensions) of the Pensions Act shall be paid out of the appropriate superannuation fund.
2
Any payment which an administering authority are required to make as a result of a person’s taking a right to a cash equivalent under Schedule 1A to the Pensions Act shall be made out of the appropriate superannuation fund.
.
Pensions Act premiums
21
The principal Regulations are amended by substituting for regulation R5 the following:
Pensions Act premiums
R5
1
Where a scheduled body pay a contributions equivalent premium under Part III of the Pensions Act in respect of any pensionable employee, they are entitled to recover, or if they are an administering authority to retain, out of the appropriate superannuation fund a sum not exceeding the amount of that premium, less the amount (if any) which they could recover or retain under section 47 of that Act in respect of the premium.
2
Where such a contributions equivalent premium is refunded under regulation 24(3)(c) of the Occupational Pension Schemes (Contracting-out) Regulations 1984 , the authority to whom it is refunded shall pay to the appropriate superannuation fund a sum equal to the amount of the premium.
3
Where a scheduled body have paid a transfer premium under section 44A or a limited revaluation premium under section 45 of the Pensions Act they are entitled to recover, or if they are an administering authority to retain, the amount of the premium out of the appropriate superannuation fund.
.
Glossary of expressions
22
Schedule 1 to the principal Regulations is amended–
a
by inserting after the entry relating to“Disqualifying break of service” the following:
“Earnings factors”The earnings factors referred to in section 35 of the Pensions Act.
; and
b
by inserting after the entry relating to“statutory scheme” the following:
“Tax year”The 12 months beginning with 6th April in any year.
.
Further additional contributions
23
Schedule 6A to the principal Regulations is amended in paragraph 9(1) by substituting for the word“P2” the word“P2(1)”.
Modifications to Part E where no right to retiring allowance etc.
24
Schedule 11 to the principal Regulations is amended in paragraph 9–
a
in sub-paragraph (c), by substituting for the words“paragraph (4)(b)” the words“paragraph (4A)”; and
b
in sub-paragraph (e), by substituting for the formulae
(
B
×
C
)
-
E
and
C
F
×
(
A
-
E
)
the formulae
(
B
×
C2
)
-
E
and
C2
F
×
(
A
-
E
)
.
Certain employees of City of London employing bodies
25
Paragraph 4(b) of Part V of Schedule 15 to the principal Regulations is amended in paragraph 11 of Part III of the substituted Schedule 11–
a
in sub-paragraph (b), by substituting for the words“paragraph (4)(b)” the words“paragraph (4A)”; and
b
in sub-paragraph (d), by substituting for the formulae
(
B
×
C
)
-
E
and
C
F
×
(
A
-
E
)
the formulae
(
B
×
C2
)
-
E
and
C2
F
×
(
A
-
E
)
.
Calculation of transfer values
26
1
Part I of Schedule 16 to the principal Regulations is amended by inserting after paragraph 1(1)(d)(ii) the words–
or
iii
a transfer premium paid under section 44A of that Act,
.
2
Paragraph 6 of Part V of Schedule 16 to the principal Regulations is amended by inserting after the words“1974 Regulations,” the words“or has made them a payment which by virtue of regulation G10(2) or G11 of these Regulations (modification in certain cases where person returns to local government employment after 28th February 1986) has the same effect,”.
Continuity of employment in certain cases
27
1
This regulation applies to a person–
a
to whom regulation 5 of the Local Government Superannuation (Local Government Reorganisation) Regulations 1985 (“the 1985 Regulations ”) applies, and
b
who would otherwise have become entitled to preserved benefits on ceasing to hold his employment under the former employer (within the meaning of the 1985 Regulations).
2
A person to whom this regulation applies may elect to be treated for the purposes of the principal Regulations as if–
a
regulation 5 of the 1985 Regulations had not applied to him and he had accordingly become entitled to preserved benefits, and
b
he had elected under regulation E2(9)(c) of the principal Regulations to remain so entitled.
3
An election under this regulation must be made by giving notice in writing to the appropriate administering authority, within 12 months after 1st April 1989 unless they or, where there was a change of fund, the administering authorities of both funds allow a longer period.
Ill-health retirement grant
28
1
Where–
a
a person who died before 1st October 1981 had received a return of contributions, and
b
paragraph (1) of regulation E20 of the 1974 Regulations would otherwise have applied to him,
he is to be treated as having become entitled to a grant of A – B, where–
A is the amount of the grant that would have been payable if that paragraph had applied to him, and
B is the net amount he received when the return of contributions was made.
2
The grant is to be treated for the purposes of regulation R4 of the principal Regulations (payments due in respect of deceased persons) as a sum due to the person under those Regulations.
Transitional
29
1
Regulation E2 of the principal Regulations applies as amended by regulation 4(b) above only where the reduction occurs after 31st March 1989.
2
Regulation E11 of the principal Regulations applies as amended by regulation 5(a)(ii), (d) and (e)(ii) above only where the death occurs after 31st March 1989.
3
Regulation E16 of the principal Regulations applies as amended by regulation 7 above only where the person became entitled to the second retirement pension after 31st March 1989, but where that is the case, applies as so amended even where the further employment began, or became a local government employment, before 1st April 1989.
4
Regulation J15 of the principal Regulations (inserted by regulation 13 above) applies where the person ceased to be a pensionable employee at any time after 31st December 1985.
5
Regulations M2 and M3 of the principal Regulations apply as amended by regulations 15 and 16 above only where the cessation of employment occurs after 31st March 1989.
6
The amount of any payment made by an administering authority before 1st April 1989 pursuant to Schedule 1A to the Pensions Act (cash equivalents) may, if the payment was not made out of the appropriate superannuation fund, be retained by them out of that fund.
7
In regulation R5 of the principal Regulations, as substituted by regulation 21 above, paragraph (3) applies where the premium was paid at any time after 4th April 1983.
Right to opt out
30
No provision of these Regulations shall apply to any person to whom at any time before 1st April 1989 any benefit (including a return of contributions and any pension payable to a widow or any dependent by virtue of a surrender) was being paid or became or might have become payable if-
a
he is placed by that provision in a worse position than he would have been in if it had not applied in relation to that benefit, and
b
that provision relates to a benefit paid or payable in respect of a person who–
i
ceased before 1st April 1989 to hold an employment in respect of which he was a pensionable employee, or
ii
died before that date while still in such an employment, and
c
the first-mentioned person, by notice in writing given to the appropriate administering authority within 3 months after 1st April 1989, elects that that provision shall not apply to him.
Right of appeal
31
The provisions of Part N of the principal Regulations (determination of questions and appeals) shall apply in relation to rights and liabilities arising by virtue of these Regulations as they apply in relation to other rights and liabilities under the principal Regulations.
Nicholas Ridley
Secretary of State for the Environment
8th March 1989


text:
1
This Order may be cited as the Borough of Warrington (Electoral Arrangements) Order 1989.
2
This Order shall come into force on the ordinary day of election of councillors (within the meaning of section 37 of the Representation of the People Act 1983 ) in 1991 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force on 10th October 1990.
3
1
The existing wards of the Borough of Warrington shall be abolished and that Borough shall be divided into twenty-three wards which shall bear the names set out in column 1 of Schedule 1 to this Order, and each such ward shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of Schedule 2 to this Order opposite to the name of the ward as given in column 1 of that Schedule.
4
Where a boundary is described in Schedule 1 to this Order as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof, unless the contrary intention appears.
5
The ordinary elections of all councillors for the Borough of Warrington shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1991.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
30th October 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Construction (Head Protection) Regulations 1989 and shall come into force on 30th March 1990.
2
In these Regulations, unless the context otherwise requires, “suitable head protection” means head protection which —
a
is designed to provide protection, so far as is reasonably practicable, against foreseeable risks of injury to the head to which the wearer may be exposed;
b
after any necessary adjustment, fits the wearer; and
c
is suitable having regard to the work or activity in which the wearer may be engaged.
Application of these Regulations
2
1
Subject to paragraph (2) of this regulation, these Regulations shall apply to
a
building operations; and
b
works of engineering construction,
within, in either case, the meaning of the Factories Act 1961 .
2
These Regulations shall not apply to a diving operation as construed in accordance with regulation 2(2)(a) of the Diving Operations at Work Regulations 1981 .
Provision, maintenance and replacement of suitable head protection
3
1
Every employer shall provide each of his employees who is at work on operations or works to which these Regulations apply with suitable head protection and shall maintain it and replace with whenever necessary.
2
Every self-employed person who is at work on operations or works to which these Regulations apply shall provide himself with suitable head protection and shall maintain it and replace it whenever necessary.
Ensuring suitable head protection is worn
4
1
Every employer shall ensure so far as is reasonably practicable that each of his employees who is at work on operations or works to which these Regulations apply wears suitable head protection, unless there is no foreseeable risk of injury to his head other than by his falling.
2
Every employer, self-employed person or employee who has control over any other person who is at work on operations or works to which these Regulations apply shall ensure so far as is reasonably practicable that each such other person wears suitable head protection, unless there is no foreseeable risk of injury to that other person’s head other than by his falling.
Rules and directions
5
1
The person for the time being having control of a site where operations or works to which these Regulations apply are being carried out may, so far as is necessary to comply with regulation 4 of these Regulations, make rules regulating the wearing of suitable head protection on that site by persons at work on those operations or works.
2
Rules made in accordance with paragraph (1) of this regulation shall be in writing and shall be brought to the notice of persons who may be affected by them.
3
An employer may, so far as is necessary to comply with regulation 4(1) of these Regulations, give directions requiring his employees to wear suitable head protection.
4
An employer, self-employed person or employee who has control over any other self-employed person may, so far as is necessary to comply with regulation 4(2) of these Regulations, give directions requiring each such other self-employed person to wear suitable head protection.
Wearing of suitable head protection
6
1
Every employee who has been provided with suitable head protection shall wear that head protection when required to do so by rules made or directions given under regulation 5 of these Regulations.
2
Every self-employed person shall wear suitable head protection when required to do so by rules made or directions given under regulation 5 of these Regulations.
3
Every self-employed person who is at work on operations or works to which these Regulations apply, but who is not under the control of another employer or self-employed person or of an employee, shall wear suitable head protection unless there is no foreseeable risk of injury to his head other than by his falling.
4
Every employee or self-employed person who is required to wear suitable head protection by or under these Regulations shall do so properly.
Reporting the loss of, or defect in, suitable head protection
7
Every employee who has been provided with suitable head protection by his employer shall take reasonable care of it and shall forthwith report to his employer any loss of or obvious defect in, that head protection.
Extension outside Great Britain
8
These Regujlations shall apply to any activity to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of article 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 other than the activities specified in sub-paragraphs (b), (c) and (d) of that article as they apply to any such activity in Great Britain.
Exemption certificates
9
1
Subject to paragraph (2) below, the Health and Safety Executive may, by certificate in writing, excempt any person or class of persons or any activity or class of activity 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.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
27th November 1989


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


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 and shall be classified as a classified road as from the date on which 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;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered H10/CNW 265 marked “The Shrewsbury-Whitchurch-Warrington Trunk Road A49 Trunk Road Weaverham (Detrunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road” means the new trunk road to be provided by the Secretary of State in pursuance of the Shrewsbury-Whitchurch-Warrington Trunk Road (A49 Weaverham Diversion, Cheshire) Order 1989
iv
“the Trunk Road” means the Shrewsbury-Whitchurch-Warrington Trunk Road (A49).
3
This Order shall come into force on 14th December 1989 and may be cited as the Shrewsbury-Whitchurch-Warrington Trunk Road A49 Trunk Road Weaverham (Detrunking) Order 1989.
Signed by authority of the Secretary of State
D.C. Renshaw
Regional Director North West Region
Department of Transport
13th November 1989


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 trunk road and shall be classified as principal road as from the date on which this Order comes into force.
2
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway:
2
i
“the deposited plan”means the plan numbered RSE/M3/4A/08/1/2 marked “the A33 Trunk Road (Chilcomb Link) Detrunking order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road”as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the trunk road”means the Basingstoke–Southampton Trunk Road (A33).
3
This Order shall come into force on 20th October 1989 and may be cited as the A33 Trunk Road (Chilcomb Link) Detrunking Order 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
1st September 1989


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts by Children in Rear Seats) Regulations 1989 and shall come into force on 1st September 1989.
General interpretation
2
1
In these Regulations–
“ the Act ” means the Road Traffic Act 1988;
“adult seat belt” means–
a three-point belt, or
a lap belt,
which has been marked in accordance with regulation 47(7) of the Construction and Use Regulations ;
“booster cushion” means a cushion designed for a person of small stature to sit on to improve the fit of an adult seat belt (including a cushion that has an integral back above the seating plane);
“child restraint” means a seat belt for the use of a young person–
which is designed either to be fitted directly to a suitable anchorage or to be used in conjunction with an adult seat belt and held in place by the restraining action of that belt; and
which has been marked in accordance with regulation 47(7) of the Construction and Use Regulations;
“Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“medical certificate”, in relation to a person, means a valid certificate signed by a medical practioner to the effect that it is inadvisable on medical grounds for that person to wear a seat belt;
“rear seat” in relation to a vehicle means a seat not being the drivers seat, a seat alongside the drivers seat or a specified passenger seat; and
“disabled person’s belt”,“lap belt”,“seat”,“specified passenger seat” and“three-point belt” have the meanings given by regulation 47(8) of the Construction and Use Regulations.
2
Without prejudice to sections 17 and 20 of the Interpretation Act 1978 , a reference to a provision of the Construction and Use Regulations is a reference to that provision as from time to time amended or as from time to time re-enacted with or without modification.
3
For the purposes of these Regulations a seat belt is appropriate–
a
in relation to a child under the age of 14 years, if it is of a description specified for a child of his class in regulation 3(2), and
b
in relation to a person aged 14 years or more, if it is an adult seat belt.
Descriptions of seat belts and the manner in which they are to be used
3
1
A child shall be regarded as wearing a seat belt in conformity with regulations for the purposes of section 15(3) if and only if–
a
he is wearing a seat belt of a description prescribed by paragraph (2) below for a child of his class, and
b
where paragraph (3) is applicable, he is using the seat belt in the manner prescribed by that paragraph.
2
The descriptions of seat belt prescribed by this paragraph are–
a
for any child, a child restraint appropriate to the weight of the child in accordance with the indication of weight shown on the marking required under regulation 47(7) of the Construction and Use Regulations; and
b
for any child aged 1 year or more, an adult seat belt.
3
If a child who has attained the age of 1 year but not the age of 4 years wears an adult seat belt, the manner prescribed by this paragraph is that it must be used in conjunction with a booster cushion.
Vehicles to which section 15(3) of the Act does not apply
4
The following classes of vehicles are exempt from the prohibition in section 15(3) of the Act, that is to say–
a
vehicles which are not motor cars within the meaning of section 185 of the Act, and
b
licensed taxis and licensed hire cars within the meanings given by section 13 of the Transport Act 1985 in which (in each case) the rear seats are separated from the driver by a fixed partition.
Exemptions
5
1
The prohibition in section 15(3) of the Act shall not apply to–
a
a child for whom there is a medical certificate;
b
a child aged under 1 year in a carry cot provided that the carry cot is restrained by straps; or
c
a disabled child who is wearing a disabled person’s belt.
2
The prohibition in section 15(3) of the Act shall not apply to the driving of a vehicle where the condition specified in paragraph (3) below is satisfied as respects every child aged under 14 years who is in the rear of the vehicle and not wearing an appropriate seat belt.
3
The condition is that no appropriate seat belt is available for the child.
Interpretation of reference to availability
6
1
An appropriate seat belt shall not be regarded as being available for a child for the purposes of regulation 5(2) unless such a belt is regarded as available to him by virtue of paragraph (2) below.
2
Subject to paragraph (5) below, if any rear seat in a vehicle is provided with a seat belt which is appropriate for a particular child (“the child in question”) that belt (“the relevant belt”) shall be regarded as available for that child for the purposes of regulation 5(2) unless–
a
another person is wearing the relevant belt and it is an appropriate belt for that person;
b
another person is occupying the seat and wearing some other seat belt, that other belt being an appropriate belt for that person;
c
another person, being a person for whom there is a medical certificate, is occupying the seat;
d
the child in question is prevented from occupying the seat by the presence of a carry cot which is restrained as mentioned in regulation 5(1)(b) and in which there is a child aged under 1 year;
e
the child in question is prevented from occupying the seat by the presence of a correctly secured child restraint which–
i
is not appropriate to his weight in accordance with the indication of weight shown on the marking referred to in regulation 47(7) of the Construction and Use Regulations, and
ii
could not readily be removed without the aid of tools;
f
in the case of a seat that is specially designed so that–
i
its configuration can be adjusted in order to increase the space in the vehicle available for goods or personal effects, and
ii
when it is so adjusted the seat cannot be used as such,
the configuration is adjusted in the manner described in sub-paragraph (i) and it would not be reasonably practicable for the goods and personal effects carried in the vehicle to be so carried were the configuration not so adjusted;
g
the child in question has attained the age of 1 year but not the age of 4 years, the relevant belt is an adult seat belt and there is no booster cushion in or on the vehicle that is not being used by a child in that age range who is wearing an adult seat belt.
3
Paragraph (2)(b) above shall not apply unless the presence of the person renders it impracticable for the child in question to wear the relevant belt.
4
Paragraph (2)(d) above shall not apply if it would be reasonably practicable for the carry cot to be carried in any other part of the vehicle where it could be restrained as mentioned in regulation 5(1)(b) so as to render it practicable for the child in question to wear the relevant belt.
5
An adult seat belt shall not be regarded as available for any child for the purposes of regulation 5(2) if–
a
it has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline, or
b
it does not comply with the requirements of regulation 48 of the Construction and Use Regulations.
6
A seat belt shall be regarded as provided for a seat for the purposes of this regulation if–
a
it is fixed in such a position that it can be worn by an occupier of that seat, or
b
it is elsewhere in or on the vehicle but–
i
it could readily be fixed in such a position without the aid of tools, and
ii
it is not being worn by a person for whom it is appropriate and who is occupying another seat.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
14th July 1989


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) Regulations 1989 and shall come into force on 29th December 1989.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988;
“charging authority” means an English charging authority;
“preceding year” means a chargeable financial year preceding the year for which a calculation of a non-domestic rating contribution or a recalculation of a provisional amount is being made;
“provisional amount” means, except in regulation 5(1)(a), the provisional amount arrived at under paragraph 5 of Schedule 8 to the Act as regards a charging authority for a financial year, or the amount for the time being treated as that amount in accordance with regulation 6 of these Regulations;
“relevant day” means a day in the chargeable financial year for which a calculation of a non-domestic rating contribution or a recalculation of a provisional amount is being made.
2
In Schedules 1 and 2 to these Regulations, a reference to the chargeable amounts payable to a charging authority under sections 43 and 45 of the Act shall in relation to a special authority be taken to be a reference to the chargeable amounts which would be payable to the authority under those sections if the authority’s non-domestic rating multiplier were equal to the required minimum for the chargeable financial year in respect of which the chargeable amounts are payable.
Calculation of non-domestic rating contributions
3
The rules for the calculation under paragraph 5 of Schedule 8 to the Act of a charging authority’s non-domestic rating contribution for a chargeable financial year are the rules contained in Schedule 1 to these Regulations.
Assumptions relating to provisional amounts
4
A calculation under paragraph 5(2) or (3) of Schedule 8 to the Act of a charging authority’s non-domestic rating contribution shall be made on the basis of the information before the person making the calculation at the time he makes it, read subject to the assumptions prescribed in Schedule 2 to these Regulations.
Recalculation of provisional amounts
5
1
Regulation 6 applies as regards a charging authority for a financial year in which —
a
a provisional amount has been arrived at, under paragraph 5 of Schedule 8 to the Act, as regards the charging authority for the financial year, and
b
the prescribed conditions are fulfilled.
2
The prescribed conditions are —
a
that the charging authority has on a day in the financial year calculated an amount, under paragraph (3) below, which is less than the provisional amount for the authority for the year,
b
that the difference between the amount calculated under paragraph
3
below and the provisional amount for the authority is greater than the amount calculated under paragraph (4) below,
c
that the charging authority has notified the Secretary of State of the amount calculated under paragraph (3) below, and the day on which that amount was calculated, and
d
that the Secretary of State believes that the amount calculated by the charging authority under paragraph (3) below is likely to have been calculated in accordance with that paragraph and informs the charging authority of his belief.
3
The amount calculated under this paragraph is the total of the amounts calculated on the relevant day in accordance with Parts I and II of Schedule 3 to these Regulations.
4
The amount calculated under this paragraph is the amount, expressed in pounds, of the relevant population of the area of the charging authority for the financial year multiplied —
a
if the amount calculated in accordance with paragraph (3) above is calculated before 1st October in the financial year, by a factor of 10 and
b
if the amount calculated in accordance with paragraph (3) above is calculated on or after 1st October in the financial year, by a factor of 20.
5
In paragraph (4) above “relevant population” means relevant population calculated under paragraph 4 of Schedule 12A to the Act .
6
1
Where this regulation applies, for the purposes of paragraph 5 of Schedule 8 to the Act the provisional amount for the charging authority for the financial year is to be treated as being that amount recalculated as regards the authority for the year under paragraph (2) below.
2
The amount recalculated under this paragraph is the total of the amounts calculated in accordance with Parts I and II of Schedule 3 to these Regulations, taking as the day on which the calculations in accordance with that Schedule are made the day on which the relevant calculation was made.
3
In paragraph (2) above, the relevant calculation means the calculation under regulation 5(3) by virtue of which this regulation applies.
Repayments as a result of a recalculation
7
1
Where regulation 6 applies as regards a charging authority for a financial year, the Secretary of State shall repay to the charging authority the amount calculated in accordance with paragraph (2) below.
2
The amount is the difference between —
a
the total of the amounts paid by the authority to the Secretary of State under paragraph 5(5) of Schedule 8 to the Act on relevant days preceding the day on which the recalculation was made, and
b
the amount calculated in accordance with the formula
A × B C
where —
A is the amount recalculated (or last recalculated) as regards the authority under regulation 6(2),
B is the total of the amounts directed by the Secretary of State to be paid by the authority on relevant days preceding the day on which the recalculation was made, and
C is the provisional amount having effect as regards the authority immediately before the day on which the recalculation was made.
3
In paragraph (2) above the day on which the recalculation was made means the day taken as the day on which the calculations under regulation 6(2) were made (or were last made).
4
The amount calculated in accordance with paragraph (2) above shall be paid by the Secretary of State at such time as he decides.
Reduced payments as a result of a recalculation
8
1
Where regulation 6 applies as regards a charging authority for a financial year, the amount of an instalment directed by the Secretary of State, under paragraph 5(5) of Schedule 8 to the Act, to be paid by the charging authority on or after the day on which the recalculation was made shall be treated as being the amount calculated in accordance with the formula
A × B C
where —
A is the amount the Secretary of State directed to be paid by the authority in the instalment,
B is the amount recalculated (or last recalculated) as regards the authority under regulation 6(2), and
C is the provisional amount having effect as regards the authority immediately before the day on which the recalculation was made.
2
In paragraph (1) above the day on which the recalculation was made means the day taken as the day on which the calculations under regulation 6(2) were made (or were last made).
Chris Patten
Secretary of State for the Environment
20th December 1989


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


text:
1
These Regulations may be cited as the Blood Tests (Evidence of Paternity) (Amendment) Regulations 1989 and shall come into force on 1st June 1989.
2
In these Regulations, “the 1971 Regulations ” means the Blood Tests (Evidence of Paternity) Regulations 1971 .
3
For regulation 12 of the 1971 Regulations there shall be substituted the following regulation–
12
1
The charges that may be made by samplers shall be those specified in the first two columns of Part I of Schedule 2 to these Regulations.
2
The maximum charge that may be made by a tester shall be that specified in Part II of the said Schedule
.
4
In Form 2 in Schedule 1 to the 1971 Regulations, for the words “a blood group investigation (the details of which are given in Part II of this Report) of” there shall be substituted the words “blood tests (the details of which are given in Part II of this Report) on samples provided by”, and for the words “Blood Grouping Report” there shall be substituted the words “Test Report”.
5
For Schedule 2 to the 1971 Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.
6
The Blood Tests (Evidence of Paternity) (Amendment) Regulations 1985 and the Blood Tests (Evidence of Paternity) (Amendment) Regulations 1988 are hereby revoked.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
8th May 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contribution Conditions for Unemployment and Sickness Benefit) Transitional Regulations 1989 and shall come into force on 1st September 1989.
2
In these Regulations–
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1988 Act ” means the Social Security Act 1988;
“day of interruption of employment” and“period of interruption of employment” shall be construed in accordance with section 17 of the 1975 Act.
Savings provision relating to the contribution conditions for unemployment and sickness benefit
2
Where on or after 1st September 1989 a person has a day of interruption of employment and that day falls within a period of interruption of employment which began before 1st January 1978, Schedule 3 to the 1975 Act shall apply in his case as though the amendments made to it by section 6 of the 1988 Act (contribution conditions for short-term benefits) had not been enacted.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
9th August 1989


text:
1
1
These Regulations may be cited as the European ParliamentaryElections (Amendment) Regulations 1989.
2
These Regulations shall not extend to Northern Ireland.
2
In the right-hand column of Schedule 1 (application with modifications of provisions of the Representation of the People Acts) to the European Parliamentary Elections Regulations 1986 :
a
in subsection (2) of section 76 (limitation of election expenses) of the Representation of the People Act 1983 , as substituted for the purposes of European Parliamentary elections, for the words “£8,000” and “3.5p” there shall be substituted the words “£10,000” and “4.3p”, respectively; and
b
in the modification of rule 9(1) (deposit) of the rules in Schedule 1 to that Act , in its application for those purposes, for the words “£750” there shall be substituted the words “£1,000”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
10th April 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Discretionary Relief) Regulations 1989 and shall come into force on 21st July 1989.
2
In these Regulations, except where the context otherwise requires–
“decision” means a decision under section 47(3) of the Local Government Finance Act 1988; and
“determination” means a determination under section 47(1)(a) of that Act.
Decisions and determinations as to discretionary relief
2
1
The charging authority making a decision or making or varying a determination shall, in accordance with this regulation, give notice in writing to the ratepayer or ratepayers concerned stating–
a
in the case of the making of a decision, the first day with respect to which the decision operates and (if the decision is expressed to operate by reference to a particular period) the last day with respect to which it operates;
b
in the case of the making or variation of a determination, the chargeable amount or the rules in accordance with which that amount is to be found (as the case may be) as so made or varied.
2
The charging authority revoking a decision shall, in accordance with this regulation, give notice in writing to the ratepayer or ratepayers concerned stating the day on which the revocation has effect.
3
A decision may only be revoked and a relevant variation of a determination may only be made so that the revocation or variation takes effect at the expiry of a financial year, and so that at least one year’s notice of the revocation or variation is given under paragraph (1) or (2) (as the case may be).
4
Notice under paragraph (1) of the making of a decision or determination, or of the variation of a determination which is not a relevant variation, is to be given as soon as practicable after the decision or determination is made or varied.
5
A variation of a determination is a relevant variation for the purposes of paragraphs (3) and (4) if it increases the chargeable amount for any day.
Nicholas Ridley
Secretary of State for the Environment
26th June 1989
Peter Walker
Secretary of State for Wales
26th June 1989


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1989 and shall come into force on 11th January 1990.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
Amendments to regulation 53A (strength of superstructure)
3
In regulation 53A(1) (c) for “1st April 1990” there shall be substituted “1st April 1993”.
Amendments to regulation 83 (number of trailers)
4
In the Table in regulation 83_
a
in item 4, for paragraph (b) in column 3 there shall be substituted the following paragraph_
b
1 trailer
, and
b
in item 6 for “1 trailer if laden” there shall be substituted “1 trailer”.
Schedule 7 — fire extinguishing apparatus
5
For Part I of Schedule 7 there shall be substituted–
PART I
(see regulation 42)FIRE EXTINGUISHING APPARATUS
A fire extinguisher which complies in all respects with the specification for portable fire extinguishers issued by the British Standards Institution numbered BS 5423: 1977 or BS 5423: 1980 or BS 5423:1987 and which_
a
has a minimum test fire rating of 8A or 21B, and
b
contains water or foam or contains, and is marked to indicate that it contains, halon 1211 or halon 1301.
.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
12th December 1989


text:
1
This Order may be cited as the Borough of Colchester (Electoral Arrangements) Order 1989.
2
This Order shall come into force on 3rd May 1990 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force forthwith.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE BOROUGH OF COLCHESTER (ELECTORAL ARRANGEMENTS) ORDER 1989” and deposited with the Secretary of State.
2
Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE BOROUGH OF COLCHESTER (ELECTORAL ARRANGEMENTS) ORDER 1989” shall be deposited with the Council of the Borough of Colchester and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be ope to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the Borough of Colchester shall be abolished and that Borough shall be divided into twenty-seven wards which shall bear the names set out in column 1 of Schedule 1 to this Order, and each such ward shall comprise the area designated on the map by reference to the nameof the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of Schedule 1 to this Order opposite to the name of the ward as given in column 1 of that Schedule.
5
Subject to the provisions of article 6 below, the elections of councillors shall be by thirds.
6
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1990.
2
The order of retirement of councillors elected in 1990 shall be as set out in Schedule 2 to this Order.
3
Where the number of councillors elected in 1990 for any ward of the Borough is three: —
a
one third shall retire in 1991 being, subject to paragraphs (5) and (6) below, the councillor elected by the smallest number of votes;
b
one third shall retire in 1992 being, subject as aforesaid, the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 1994.
4
Of the two councillors elected in 1990 for the West Bergholt and Eight Ash Green ward of the Borough: —
a
one shall retire in 1991 being, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes; and
b
the remaining councillor shall retire in 1994.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the Council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
1
The ordinary elections of parish councillors for any parish or ward of a parish situated in the Dedham, East Donyland, Fordham, Marks Tey and Winstree ward of the Borough shall take place in the ordinary year of election of the councillor for the borough ward in which the parish or ward ofthe parish is situated.
2
The ordinary election of parish councillors elected in 1986 for the parish of West Bergholt shall take place in 1991 and every fourth year thereafter.
3
The ordinary elections of parish councillors elected in 1986 for any parish or ward of a parish situated in the Boxted and Langham ward of the Borough shall take place in 1991 and every fourth year thereafter.
4
The ordinary elections of parish councillors elected in 1987 for any parish or ward of a parish situated in the Birch-Messing and Copford and Pyefleet wards of the Borough shall take place in 1990 and every fourth year thereafter.
5
The parish councillors to whom this article applies shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
8
The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
19th December 1989


text:
Citation, Commencement and Extent
1
1
These Regulations may be cited as the Harbour Works (Assessment of Environmental Effects) (No.2) Regulations 1989.
2
These Regulations shall come into force on the seventh day after the day on which they are made.
3
These Regulations shall not extend to Northern Ireland.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the appropriate Minister” means
in respect of harbour works not being works relating to fishery harbours or marine works, the Secretary of State for Transport;
in respect of harbour works relating to fishery harbours in England, the Minister of Agriculture, Fisheries and Food;
in respect of harbour works relating to fishery harbours in Wales, the Secretary of State for Wales;
in respect of harbour works relating to marine works in Scotland, the Secretary of State for Scotland;
“developer” means any person who proposes to carry out or who carries out harbour works;
“the Directive” means Council Directive No. 85/337/ EEC on the assessment of the effect of certain public and private projects on the environment;
“environmental assessment” means an assessment in accordance with the Directive;
“fishery harbour” has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951 ;
“harbour” has the meaning assigned to it in section 57 of the Harbours Act 1964 ;
“harbour authority” means the harbour authority as defined in section 57 of the Harbours Act 1964 in relation to the harbour where the harbour works are proposed to be carried out;
“harbour works” means works involved in the construction of a harbour or in the making of modifications to an existing harbour;
“marine work” has the meaning assigned to it in section 57 of the Harbours Act 1964;
“operations” means the operations described in section 34(1) of the Coast Protection Act 1949 ;
“provisional order” has the meaning assigned to it in section 57 of the Harbours Act 1964.
2
For the purposes of these Regulations a person carries out harbour works if he carries out the whole or any part of such works or any operation in connection with or for the purposes of such works.
3
In these Regulations reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference to a numbered paragraph or lettered sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in these Regulations.
Scope
3
These Regulations apply to harbour works below the low water mark of medium tides, being works which are–
a
not subject to planning control pursuant to the Town and Country Planning Act 1971 or the Town and Country Planning (Scotland) Act 1972 or pursuant to orders made in exercise of powers conferred by the said Acts; and
b
not specifically described in or authorised to be carried out by a harbour revision order made pursuant to section 14 of the Harbours Act 1964, a harbour empowerment order made pursuant to section 16 of the Harbours Act 1964 or by a provisional order; and
c
not specifically described in or authorised to be carried out by any enactment conferring powers to carry out works at a harbour.
Scrutiny of applications relating to harbour works
4
1
Where an application or notice of one of the following descriptions is made or given–
a
an application for consent to the carrying out of operations pursuant to section 34 of the Coast Protection Act 1949;
b
notice from a harbour authority pursuant to regulations made under section 37 of the Merchant Shipping Act 1988 that application has been made for a licence to carry out operations; or
c
an application for the approval of any such work as is referred to in section 35(1)(g) of the Coast Protection Act 1949;
the appropriate Minister shall consider whether the application or notice relates in whole or in part to harbour works to which these Regulations apply and shall reach a decision thereon as soon as reasonably practicable.
2
If the appropriate Minister decides that the application or notice relates to harbour works to which these Regulations apply, the proposed works shall not be commenced unless the appropriate Minister reaches a decision under regulation 4(5) or consents thereto under regulation 8(3) or regulation 9(5) and he shall notify the developer of his decision and its effect forthwith.
3
If the appropriate Minister decides that the application or notice relates in whole or in part to harbour works to which these Regulations apply, he shall consider whether–
a
the proposed harbour works constitute a project which falls within Annex I of the Directive; or
b
the proposed harbour works constitute a project which falls within Annex II of the Directive and, if so, whether their characteristics require that they should be made subject to an environmental assessment.
4
The appropriate Minister may require the developer to provide him with such of the following information as he deems necessary to enable him to consider whether proposed harbour works being the subject of an application or notice referred to in paragraph (1) constitute a project falling within paragraph (3)–
a
a brief description of the nature and purpose of the proposed harbour works;
b
a plan sufficient to identify the location of the proposed harbour works;
c
plans and sections showing the lines, situation and levels of the proposed harbour works; and
d
such further information as he may specify in a particular case.
5
If the appropriate Minister decides that proposed harbour works do not constitute a project falling within Annex I or Annex II to the Directive or that they constitute a project falling within Annex II the characteristics of which do not require that they should be made subject to an environmental assessment, he shall take no further action on the application or notice pursuant to these Regulations and he shall notify the developer and, in a case where a notice has been received under regulation 4(1)(b), the harbour authority, of his decision forthwith.
Harbour works subject to an environmental assessment
5
1
If the appropriate Minister decides that proposed harbour works constitute a project falling within Annex I of the Directive, or a project falling within Annex II and considers that their characteristics require that they should be made subject to an environmental assessment, he shall notify the developer and, in a case where a notice has been received under regulation 4(1)(b), the harbour authority, of his decision forthwith and direct the developer to supply him in such form as he may specify with the information referred to in Annex III to the Directive to the extent that he considers —
a
that it is relevant to any stage of the procedure set out in these Regulations and to the specific characteristics of the proposed harbour works to which the application or notice relates and to the environmental features likely to be affected; and
b
that (having regard in particular to current knowledge and methods of assessment) the developer may reasonably be required to compile that information.
2
The information to be supplied to the appropriate Minister under paragraph (1) above shall include at least–
a
a description of the proposed harbour works comprising information on the site, design and size of the proposed harbour works;
b
a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
c
the data required to identify and assess the main effects which the proposed harbour works are likely to have on the environment;
d
a non-technical summary of the information mentioned in sub-paragraphs (a) to (c) above.
Publication of notice by developer
6
1
Not less than 14 days before the developer provides the information to be supplied under regulation 5(1) to the appropriate Minister, he shall publish a notice in a local newspaper circulating in the locality of the harbour where the harbour works are proposed to be carried out stating —
a
his name and the location and nature of the proposed harbour works;
b
that he has applied for consent or approval to the carrying out of the proposed works and specifying the relevant provision pursuant to which consent or approval was applied for;
c
that he has been directed to supply the information referred to in regulation 5(1);
d
that a copy of any information supplied under regulation 4(4) together with the information to be supplied under regulation 5(1) may be inspected by members of the public at all reasonable hours;
e
an address within the locality of the harbour where the harbour works are proposed to be carried out at which the documents open to inspection may be inspected, and the latest date on which they will be available (being a date not less than 42 days later than the date on which the notice is published);
f
an address within the locality of the harbour where the harbour works are proposed to be carried out (whether or not the same as that named under sub-paragraph (e)) at which copies of the information to be supplied under regulation 5(1) may be obtained, for so long as stocks last, and, if a charge is to be made for a copy, the amount of the charge; and
g
that any person who wishes to make representations concerning the proposed harbour works should do so in writing, within 7 days from the date specified in accordance with sub-paragraph (e), to the appropriate Minister.
2
On the date of publication of the notice under paragraph (1) above the developer shall also post at a place to which members of the public have access at the offices of the harbour authority for the harbour in respect of which the harbour works are proposed to be carried out or if there is not such place, shall post outside the offices of the said harbour authority, a notice containing the information specified in paragraph (1).
3
The developer shall ensure that the notice referred to in paragraph (2) is–
a
left in position for a period of 42 days from the date of posting;
b
posted by affixing it firmly to some object on the premises and is sited and displayed in such a way as to be easily visible to and legible by members of the public; and
c
replaced if it is at any time removed, damaged or defaced.
4
The information supplied to the appropriate Minister under regulation 5(1) shall be accompanied by–
a
a copy of the notice referred to in paragraph (1) above certified by or on behalf of the developer as having been published in a named newspaper on a date specified in the certificate; and
b
a certificate by or on behalf of the developer which states–
i
that he has posted a notice at or outside the offices of the harbour authority for the harbour in which the harbour works are proposed to be carried out in accordance with paragraph (2) above, and when he did so; and
ii
that he has complied with the requirements of paragraph (3)(b) and will comply with the requirements of paragraph 3(c) should this be necessary.
Consultation on and holding of inquiry into proposed harbour works
7
1
The appropriate Minister may direct the developer to supply such bodies as he may specify being bodies appearing to him to have environmental responsibilities, with copies of the information supplied to him under regulation 5(1).
2
Where the developer is not the harbour authority, the appropriate Minister shall direct the developer to supply the harbour authority with copies of the information supplied to him under regulation 5(1).
3
Where he has given a direction under paragraph (1) or (2) above the appropriate Minister shall consult the bodies specified therein or the harbour authority before reaching a decision on the merits of proposed harbour works.
4
The appropriate Minister may if he thinks fit cause an inquiry to be held by a person appointed by him into a proposal to carry out harbour works and he shall afford to the developer, to any persons who have made representations to him and to the bodies specified or the harbour authority mentioned in any direction given under paragraph (1) or (2) above the opportunity to appear before the person appointed by him for the purpose.
Decisions on applications
8
1
Where the appropriate Minister is satisfied that the developer has complied with his direction under regulation 5(1), with regulation 6 and with any direction under regulation 7(1) or (2), and he has received the report of any inquiry held under regulation 7(4), he shall reach a decision on the merits of the proposed harbour works.
2
In reaching his decision concerning proposed harbour works, the appropriate Minister shall consider the information supplied to him under regulation 5(1), any representations received pursuant to regulation 6(1) or 6(2), any consultations under regulation 7(3), and the report of any inquiry held under regulation 7(4), and he shall have regard in particular–
a
to the effect of the proposed harbour works on the environment;
b
to the desirability of the proposed works being carried out in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner or of facilitating the efficient and economic transport of goods or passengers by sea; and
c
to any other benefits which may be derived from the proposed works.
3
The appropriate Minister may–
a
consent to the carrying out of the proposed harbour works either unconditionally or subject to such conditions as he sees fit; or
b
refuse such consent.
4
The appropriate Minister shall–
a
notify his decision and the reasons and considerations upon which it was based to the developer and to all bodies and persons who were consulted on or made representations concerning the proposed harbour works; and
b
publish his decision in such manner as he thinks fit.
5
Any condition subject to which the appropriate Minister has consented to harbour works–
a
shall (subject to paragraph (c) below) either remain in force for a specified period or remain in force without limit of time;
b
shall (in addition to binding the developer to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of the harbour works;
c
may, if the appropriate Minister thinks fit, be revoked by him.
6
A consent under paragraph (3) may be granted so as to continue in force, unless renewed, only if the harbour works for which the consent is granted are begun or completed within such period as may be specified in the consent, and any renewal of a consent may be limited in the same way.
Harbour works carried out without a decision
9
1
If a developer carries out harbour works to which it appears to the appropriate Minister that these Regulations apply and which have not been the subject of a decision under regulation 4(5), regulation 8 or this regulation, the appropriate Minister shall serve notice in writing on the developer requiring him, if appropriate, to cease the works forthwith and to supply the appropriate Minister with such of the information referred to in regulation 4(4) or, if applicable, in regulation 5(1) as he may specify within such period as he may specify.
2
On receipt of the information required from the developer, the appropriate Minister shall consider the harbour works in accordance with these Regulations whether or not an application or notice has been received pursuant to regulation 4(1).
3
If the developer no longer owns, occupies or enjoys any use of the harbour works when the appropriate Minister decides to serve a notice under paragraph (1) the notice may be served on any other person who for the time being owns, occupies or enjoys any use of the harbour works.
4
If a developer fails to supply the appropriate Minister with such of the information referred to in regulation 4(4) as is specified in a notice served under paragraph (1) within the period specified therein, the appropriate Minister shall make such investigations as he considers necessary to enable him to decide whether the harbour works constitute a project the characteristics of which require that they should be made subject to an environmental assessment and shall notify his decision to the developer under regulation 4(5) or regulation 5(1).
5
If a developer fails to supply the appropriate Minister with such of the information referred to in regulation 5(1) as is specified in a notice served under paragraph (1) within the period specified therein, the appropriate Minister shall make such investigations, invite such representations and hold such consultations with bodies referred to in regulation 7 as he considers necessary to enable him to reach a decision on the merits of the harbour works.
6
In reaching a decision under paragraph (5) the appropriate Minister shall have regard to the considerations specified in regulation 8(2).
7
The provisions of regulation 8(3), (4), (5) and (6) shall apply in relation to a decision reached under paragraph (5) to the extent that they are appropriate.
Enforcement
10
1
If a developer carries out harbour works in respect of which consent has been refused under regulation 8 or regulation 9 or in contravention of a condition subject to which consent was granted, the appropriate Minister may serve notice in writing on the developer requiring him, within such period (not being less than thirty days) as may be specified in the notice, to remove the works and reinstate the site or to make such alterations thereto as may be so specified, or, if it appears to the appropriate Minister urgently necessary to do so, he may himself remove or alter the works and reinstate the site.
2
If within the period specified in any notice under paragraph (1) the developer fails to comply with it, the appropriate Minister may himself remove or alter the works and reinstate the site as specified in the notice.
3
Where the appropriate Minister removes or alters works and reinstates a site under paragraph (1) or (2), he shall be entitled to recover the expense, as certified by him, from the developer.
4
If the developer no longer owns, occupies or enjoys any use of the harbour works when the appropriate Minister decides to serve a notice under paragraph (1), the notice may be served on any other person who for the time being owns, occupies or enjoys any use of the harbour works, and the references to the developer in paragraph (2), and in paragraph (3) in relation to any action taken by the appropriate Minister under paragraph (2), shall in that case have effect as a reference to the person on whom the notice is served.
Penalties
11
1
A person who issues a certificate purporting to comply with regulation 6(4) which contains a statement which he knows to be false or misleading in a material particular, or who recklessly issues a certificate purporting to comply with regulation 6(4) which contains a statement which is false or misleading in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person who fails without reasonable excuse to comply with a notice served upon him under regulation 9(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Where a body corporate is guilty of an offence under paragraph (1) or (2) above and the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
4
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Paul Channon
Secretary of State for Transport
20th February 1989
John MacGregor
Minister of Agriculture, Fisheries and Food
1st March 1989
Peter Walker
Secretary of State for Wales
8th March 1989
James Douglas-Hamilton
Parliamentary Under Secretary of State for Scotland
9th March 1989