text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) Regulations 1989 and shall come into force on 12th August 1989.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Interpretation
2
1
In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say —
“child” includes a step-child and a child adopted in pursuance of adoption proceedings and “father” and “mother” shall be construed accordingly; and it is hereby declared that notwithstanding the definition in section 114(1) of the Education Act 1944 “child” includes a child who is over compulsory school age;
“employment” includes the holding of any office and any occupation for gain and “employed” shall be construed accordingly;
“European Community” means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
“fees” means —
tuition and other fees the payment of which is a condition of attendance at a school but excludes boarding fees and such other fees, if any, as may be excluded by the participation agreement, and
entrance fees for public examinations paid by a school in respect of candidates from the school;
“financial year” has the meaning assigned thereto by Regulation 10;
“first assisted year” has the meaning assigned thereto by Regulation 3(3);
“income” and “relevant income” have the meanings assigned thereto by Regulation 11;
“national of a member state of the European Community” means a person who is a national of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time for the purposes of the Community Treaties;
“remission questions” has the meaning assigned thereto by Regulation 9;
“school” means a participating school within the meaning of section 17(2) of the Education Act 1980 and references to a school include references to the proprietors thereof and persons acting with their authority.
2
Subject to paragraphs (3) and (4), and except where the context otherwise requires, any reference in these Regulations to the parents of a child or assisted pupil is a reference —
a
in the ordinary case, to his father and mother or, where one is dead, to the survivor and, should he remarry, his spouse;
b
where his father or mother, having actual custody of him, has married a person who is not his parent, to that parent and his spouse;
c
where his parents, defined as in sub-paragraph (a), are divorced or, in any of the circumstances mentioned in paragraph (5), separated, to that one of them who has, or in pursuance of an order of a court is entitled to, actual custody of the child or pupil and, should that person being divorced remarry, his spouse;
d
where he has no parents defined as in sub-paragraphs (a), (b) and (c), to his guardian or guardians, if any;
e
where he has no parents so defined and no guardian, to the person or persons who have actual custody of the child or pupil.
3
Where a custodianship order made under section 33 of the Children Act 1975 is in force in respect of a child or pupil, his custodian and the spouse of the custodian (if any) shall be treated as the parents of the child or pupil for the purpose of these Regulations.
4
Where —
a
a child or assisted pupil either has no parents defined as in paragraph (2)(a), (b), (c) or (d) or he has such parents but the school are satisfied that they cannot be found, and
b
he is either in the care of a local authority or in the care of a voluntary organisation within the meaning of section 88 of the Children Act 1975,
then, for the purposes of these Regulations, he shall be treated as a child whose parents have no income but, subject as aforesaid, any reference to his parents shall be construed as a reference to the authority or organisation in whose care he is.
5
The circumstances referred to in paragraph (2)(c) are that the parents are separated under an order of a court of competent jurisdiction, or by deed of separation or, where they are not separated as aforesaid, that either it is not reasonably practicable to find one of the parents or that, in pursuance of an order of a court —
a
one parent is liable to make periodic payments to or for the benefit of the other or one or more of their children, or
b
one parent has been given custody of, or access to, one or more of their children, or
c
one parent is prohibited from entering the matrimonial home.
6
In these Regulations any reference to a Regulation is a reference to a Regulation of these Regulations and any reference in a Regulation to a paragraph is a reference to a paragraph of that Regulation.
PART II
ELIGIBILITY FOR ASSISTED PLACES
General
3
1
A child shall only be eligible for selection for an assisted place if all the conditions mentioned in this Part are, so far as relevant, satisfied in his case.
2
Nothing in this Regulation shall prevent a child from being selected for an assisted place in advance of its being ascertained that such a condition is satisfied if the selection is subject to the condition being satisfied.
3
In this Part “first assisted year” means the school year in which a child would take up an assisted place if selected therefor.
Conditions as to residence
4
1
It shall be a condition that the child shall either —
a
have been ordinarily resident in the British Islands throughout the period of two years preceding 1st January in the calendar year in which his first assisted year begins (“the relevant date”), or
b
in the case of such a child as is mentioned in paragraph (2), have been so ordinarily resident in the European Community, or
c
in the case of such a child who is a refugee as is mentioned in paragraph (3), have not been ordinarily resident outside the British Islands since he or, in the case mentioned in sub-paragraph (3)(d), his parent, was recognised as a refugee or granted asylum or granted leave to enter or remain, as the case may be.
2
The child referred to in paragraph (1)(b) is one who is resident in the British Islands on the relevant date and is the child of a national of a member state of the European Community who —
a
where he is employed on the relevant date, is then in employment in the British Islands, or
b
where he is not employed on that date (by reason of retirement or otherwise), was last employed in such employment.
3
The child who is a refugee referred to in paragraph (1)(c) is —
a
a child recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 or
b
a child who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s government though not so recognised; or
c
a child who has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for asylum or for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly; or
d
a child who is the child of a person who is so recognised, or has been granted such asylum or leave to enter or remain in such circumstances.
Conditions as to age
5
1
It shall be a condition that the child —
a
either shall have attained the age of 11 years or, in the case of a child who, if selected for an assisted place, would be provided with education with pupils the generality of whom would have attained that age, be of such age that he will have attained the age of 11 years before 1St August next following the beginning of his first assisted year, and
b
subject to paragraph (2), shall be of such age that he will, on 31st August in the calendar year in which his first assisted year begins, be of an age specified in the participation agreement as a normal age of entry to the school or will attain that age before 1st August next following the beginning of his first assisted year.
2
Paragraph (1)(b) shall not apply in the case of a child who, if selected for an assisted place, will be provided with education in the same class as assisted pupils who were admitted to the school in an earlier school year, or in the case of such a child as is mentioned in Regulation 6(1).
Conditions as to selection at sixth form level
6
1
This Regulation shall apply in the case of a child who, if selected for an assisted place, would be provided with sixth form education, that is to say, education appropriate to pupils taking advanced level examinations for the General Certificate of Education or other examinations comparable thereto.
2
Where this Regulation applies, it shall be a condition that —
a
the participation agreement expressly provides for the selection of pupils who will be provided with sixth form education and the child satisfies such conditions, if any, as are specified for the purposes hereof in that agreement, or
b
the child is already attending the school when being considered for an assisted place and, if selected, would be provided with sixth form education with assisted pupils of a similar age who were admitted in an earlier school year.
Conditions as to income
7
1
It shall be a condition that the parents of the child, when applying to the School for an assisted place, shall have furnished the school with —
a
a declaration of relevant income for the preceding financial year or, if they have not the necessary information, for the financial year before that year;
b
a declaration of estimated relevant income for the financial year preceding the child’s first assisted year;
c
such other information as may be specified for the purposes hereof by the Secretary of State.
2
A school shall not select for an assisted place a child whose fees for his first assisted year would not fall to be remitted in whole or in part in pursuance of Part III of these Regulations.
3
A school shall not select for an assisted place a child the whole of whose fees for his first assisted year are required to be paid in pursuance of an order of a court.
Academic conditions
8
A school shall not select a child for an assisted place unless they are satisfied that he is capable of benefiting from the education provided at the school but, subject as aforesaid, the selection of children for assisted places at a school shall, subject to any provisions in that regard in the participation agreement, be made by the school in accordance with such methods and procedures as appear to them appropriate.
PART III
REMISSION OF FEES
References to remission questions
9
For the purposes hereof “remission questions” mean the questions whether or not the parents of an assisted pupil are entitled to any remission of fees payable in respect of him and the extent of such remission.
References to financial years
10
1
For the purposes hereof “financial year” means, subject to paragraph (2), a year ending with 5th April and, in relation to a particular school year, “preceding financial year” means the financial year preceding that school year and “current financial year” means the financial year which includes the first day of that school year.
2
Where the parents of a pupil satisfy the school that their income is wholly or mainly derived from the profits of a business, profession or vocation carried on by either or both of them, then if the parents and school so agree, any reference in this Part to a financial year shall be construed as a reference to a year ending with such date as appears to the school expedient having regard to the accounts kept in respect of that business or profession and the periods covered thereby:
Provided that, where that year ends with a date after 5th April but before the beginning of a school year, then in relation to that school year “preceding financial year” shall mean the year last so ending before 6th April in the calendar year in which the school year begins and “current financial year” shall mean the year so ending on or after that 6th April and before the beginning of the school year.
References to income
11
1
For the purposes hereof the income of any person for a financial year shall, subject however to the provisions of Schedule 1 hereto, be taken to be his total income for that year; and, in this paragraph and the said Schedule, “total income” has the same meaning as in section 1 (2)(b) of the income and Corporation Taxes Act 1988 .
2
For the purposes hereof “relevant income” as respects an assisted pupil means, in relation to any financial year, his parents' income for that year aggregated with the unearned income for that year, if any, of the pupil himself and of any other of the parents' children who are wholly or mainly dependent on them at the time the relevant income is calculated less, where paragraph (3) or (4) applies, the sum there mentioned.
In this paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment.
3
Subject to paragraph (4), the relevant income, calculated as aforesaid, shall be reduced by £1,000 in respect of each person other than the assisted pupil who —
a
at the time the relevant income is calculated, is wholly or mainly dependent on the parents or on payments made to him or for his benefit by one or both of them, and
b
is a child or other relative of one or both of the parents:
Provided that, for the purposes of sub-paragraph (a), there shall be disregarded payments, other than sums paid as mentioned in paragraph 3(f) of Schedule 1 hereto, which fall to be deducted in ascertaining total income for income tax purposes and, accordingly, are taken into account in calculating relevant income in pursuance of paragraph (1).
4
Where a child (other than the assisted pupil) who is wholly or mainly dependent on the parents or on payments made to him or for his benefit by one or both of them is the holder of an award of a kind described in paragraph (5) and there has been deducted, in calculating the amount of that award, a sum exceeding £1,000 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that sum shall be deducted from the relevant income in lieu of the £1,000 prescribed in respect of that child by paragraph (3).
5
The awards referred to in paragraph (4) are —
a
a mandatory award paid by a local education authority in England or Wales pursuant to regulations from time to time in force under Section 1 of the Education Act 1962 providing for the payment of awards to students attending specified courses of further or higher education ;
b
an allowance granted by the Secretary of State for Scotland pursuant to regulations from time to time in force or having effect under sections 73 and 74 of the Education (Scotland) Act 1980 providing for the payment of allowances to students ;
c
an award made by —
i
an education and library board in Northern Ireland pursuant to article 50 of the Education and Libraries (Northern Ireland) Order 1986 and regulations from time to time in force thereunder , being an award for the purpose of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations; or
ii
the Department of Education for Northern Ireland pursuant to article 51 of the said Order and regulations from time to time in force thereunder being an award in respect of attendance. at a course for the training of teachers.
6
In this Regulation any reference to the parents of an assisted pupil is a reference to the persons who are his parents at the time the relevant income is calculated.
General provisions relating to remission
12
1
The parents of an assisted pupil shall not be entitled to any remission of fees for which they are liable in respect of a period before the pupil took up his assisted place or (in lieu of notice or otherwise) after he has left the school or, if he so remains at the school, after the end of the school year in which he attains the age of 20 years.
2
The parents of an assisted pupil shall not be entitled to any remission of fees which are required to be paid in pursuance of an order of a court.
3
The parents of an assisted pupil shall be under no obligation to apply for remission of fees as respects a particular school year if they consider themselves not entitled thereto but if, as respects such a year, they do not —
a
duly apply to the school for remission of fees payable for that year, or
b
subject to Regulation 14(4), duly furnish the school with the information and supporting evidence requisite for determining remission questions,
they shall not be entitled to any remission of fees for that year.
4
If the Secretary of State is satisfied that, in the case of a particular assisted pupil, his parents have furnished information required for determining remission questions which they know to be false in a material particular, or have recklessly furnished such information which is false in a material particular, he may direct that those parents shall not be entitled to any remission of fees in the case of that pupil and, if he so directs, in the case of any other of their children who are assisted pupils, as respects a specified school year and, if he so directs, any subsequent school year:
Provided that —
a
the Secretary of State shall not give a direction hereunder without affording the parents concerned an opportunity to make representations or without considering such representations;
b
the giving of a direction hereunder shall be without prejudice to its variation or revocation by a subsequent direction.
5
This Regulation shall have effect notwithstanding anything in Regulation l3 or any other provision of these Regulations.
Determination of remission questions
13
1
Subject to paragraph (2), in the case of each assisted pupil remission questions shall be determined by the school, in accordance with this Part, for each school year, whether or not the parents have been entitled to any remission as respects a previous school year.
2
Where either —
a
the pupil holds an assisted place at the school for part only of the school year or leaves the school part way through the school year; or
b
the number of children of the parents who hold assisted places differs for different parts of the school year,
the said questions shall be determined by the school for that part, or separately for those parts, and the extent to which fees in respect of part of a school year are to be remitted shall be that proportion of the amount by which the fees for the whole school year would fall to be remitted which is the proportion which the fees for the part bear to the fees for the whole school year.
Calculation of remission
14
1
Subject to paragraphs (2), (3) and (4), remission questions shall be determined by reference to relevant income in the preceding financial year.
2
Where one of the pupil’s parents has died after remission questions have been determined but before the end of the current financial year and the school are satisfied that the income of the surviving parent in that year, when aggregated with that of the deceased parent, is likely to be less than their aggregated income in the preceding financial year, the remission questions shall be redetermined by reference to the current financial year: and in such case, paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year and the reference to the pupils' parents in paragraph (2) of Regulation 11 included a reference to the deceased parent (notwithstanding the provision of paragraph (6) of that Regulation).
3
This paragraph shall apply in a case not falling within paragraph (2) if —
a
the school are satisfied that the relevant income in the current financial year is, as a result of some event beyond the control of the pupil’s parents, likely to be not more than 85% of the relevant income in the preceding financial year, or
b
the school, though not satisfied as aforesaid, are satisfied that the relevant income in the current financial year is likely to be so much less than the relevant income in the preceding financial year that financial hardship would result from remission questions being determined by reference to that year and the Secretary of State approves the application of this paragraph;
and, in a case in which this paragraph applies, remission questions shall be determined in relation to the school year in question and, unless and until the Secretary of State otherwise directs, any subsequent school year by reference to the current financial year and, in such case, paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year.
4
Where it is not reasonably practicable for the parents to furnish, before the beginning of a school year, the requisite information as to relevant income for the appropriate financial year then, in relation to that school year, remission questions may be determined provisionally, having regard to relevant income for earlier financial years, as the school think fit but —
a
no such provisional determination shall be more favourable to the parents than one arrived at by reference to an estimate furnished by the parents of relevant income for the appropriate financial year;
b
a provisional determination shall cease to have effect when the parents have furnished the requisite information or if the school are satisfied that it has become reasonably practicable for them to do so but they have failed to furnish it, and
c
within three months of the final determination of the remission questions any over-remission or under-remission of fees shall be adjusted by payments between the parents and the school.
Scales of remission
15
Fees shall be remitted in accordance with the provisions of Schedule 2 to these Regulations.
PART IV
ADMINISTRATIVE ARRANGEMENTS
Time limits, forms, etc.
16
The Secretary of State may specify for the purposes hereof —
a
the time by which, and the manner and form in which, applications, declarations of relevant income or estimated income and other information requisite for the purposes of these Regulations are to be made or furnished to a school by the parents of an assisted pupil, or by parents applying for an assisted place, and the documentary or other evidence to be provided in support thereof;
b
the time by which, and the manner and form in which, a school are to notify the parents of an assisted pupil as to whether they are entitled to any remission of fees for a particular school year and, if so, the extent of remission.
Reimbursement claims
17
1
Claims for the reimbursement of fees remitted in pursuance of these Regulations or regulations revoked by Regulation 24(1) (“reimbursement claims”) may be submitted to the Secretary of State by a school in respect of such periods, not being less than a term, as appear to them appropriate and, With his consent, claims may be submitted on the basis of an estimate of fees so remitted (“provisional claims”); but, where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a reimbursement claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.
2
As soon as is reasonably practicable after he is satisfied as respects a reimbursement claim, the Secretary of State shall reimburse the school in pursuance of the claim without prejudice, however, where he considers it expedient so to do, to his making earlier payments on account in pursuance of the claim or in pursuance of a provisional claim in respect of the same period.
3
Any over-payment or under-payment by way of reimbursement which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.
4
Subject to the preceding provisions of this Regulation, reimbursement claims shall be made at such times, in such manner and form and be supported by such declarations and other information, as the Secretary of State may require.
PART V
MISCELLANEOUS REQUIREMENTS
Publication of information
18
1
Each school shall publish —
a
particulars of the assisted places scheme;
b
annual particulars of the number of assisted places likely to be offered in the year in question together with information as to the making of applications therefor and as to arrangements for selection, admission and fee remission;
c
information as to the public examinations for which pupils at the school are entered and as to the results obtained by such pupils, being information which is required to be published, in the case of a school maintained by a local education authority, by section 8(5) of the Education Act 1980 and regulations from time to time in force thereunder ; and
d
such other information as may be specified for the purposes hereof by the Secretary of State.
2
Subject to any directions given by the Secretary of State for the purposes hereof, either generally or in the case of a particular school, anything required to be published under paragraph (1) shall be published in such manner, and at such time or times, as appears to the school appropriate for the purpose of bringing the particulars or information to the attention of parents likely to be interested therein.
Proportion of pupils from publicly maintained schools
19
1
Subject to paragraph (3), in selecting pupils to take up assisted places in any school year, a school shall select pupils from publicly maintained schools and from other schools in such proportion as appears to them likely to ensure that at least 60 per cent of the total number of assisted pupils at the school in that school year will be pupils from publicly maintained schools.
2
Any reference in paragraph (1) to a pupil from a publicly maintained school is a reference to a pupil from —
a
a school maintained by a local education authority,
b
a school under the management of an education authority in Scotland,
c
a grant-aided school in Northern Ireland within the meaning of the Education and Libraries (Northern Ireland) Order 1972 , or
d
a school maintained by the Secretary of State for Defence,
who, at the time of his selection for an assisted place (or consideration for selection), was attending such a School and has so attended for a continuous period including at least the whole of the previous school year so, however, that where the school is a grant-aided grammar school in Northern Ireland no fees were payable in respect of his attendance.
3
On application in that behalf made by a particular school the Secretary of State may modify or dispense with the requirement in paragraph (1) as respects a year specified by him but he may attach such conditions as he thinks fit to any such modification or dispensation.
Fees, etc., payable
20
1
In the case of an assisted pupil —
a
the fees charged by a school shall not include a sum to be paid into a bursary or similar fund, and
b
the school shall not make it a condition of his attendance that any payment otherwise than in respect of fees be made to the school or into a fund specified by the school.
2
The fees for assisted pupils for any school year (other than entrance fees for public examinations) shall be payable in respect of each term and, subject to any increase in fees in the course of the school year, the fees payable in respect of each term shall be a third of those payable for the whole of that year.
3
This Regulation shall have effect subject to any provisions relating to fees in the participation agreement.
Increase in fees
21
A school shall not increase the fees for assisted pupils unless they have given the Secretary of State at least one month’s written notice of their intention so to do and, if within fourteen days of receiving such notice the Secretary of State so directs, shall refrain from making, postpone or restrict the amount of the increase, as he may then or subsequently require.
Returns, etc., required by the Secretary of State
22
A school shall furnish the Secretary of State with such periodic returns and information as he may require relating to the school or assisted pupils thereat including, in particular, information relevant to an intended increase in fees for assisted pupils.
School accounts
23
1
The accounts of a school shall —
a
if the Secretary of State so requires, be kept in a form specified by him;
b
be audited by an independent auditor.
2
At the request of the Secretary of State, a school shall furnish him with copies of their accounts for such periods as he may specify together with copies of the auditor’s certificate relating thereto.
PART VI
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation and transitional provisions
24
1
The Regulations specified in Schedule 3 are hereby revoked.
2
Any reimbursement of fees remitted in pursuance of regulations revoked by paragraph (1) shall be calculated as if those regulations had not been revoked.


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A406 Trunk Road (North Circular Road, Brent) (Prescribed Routes) Order 1989 and shall come into force on 6th September 1989.
2
In this Order:–
“North Circular Road” means that length of the London North Circular Trunk Road (A406) in the London Borough of Brent known as North Circular Road; and
“central reservation” means that part of North Circular Road which separates the two carriageways of North Circular Road for the safety or guidance of vehicles using that road.
3
Save as provided in article 5 below, no person shall cause or permit any vehicle proceeding westwards in North Circular Road to make a U-turn through the gap in the central reservation opposite the junction of Drury Way and Brentfield Road with North Circular Road so as to proceed in the opposite direction to that in which it was proceeding.
4
Save as provided in article 5 below, no person shall cause or permit any vehicle proceeding westwards in North Circular Road to make a right turn through the said gap in the central reservation for the purpose of entering Drury Way.
5
Nothing in articles 3 and 4 above shall apply:
a
in respect of any vehicle being used for fire brigade, police or ambulance purposes; or
b
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
4th September 1989


text:
1
This Order may be cited as the Estate Duty (Interest on Unpaid Duty) Order 1989 and shall come into force on 6th July 1989.
2
The rate of interest payable under the following enactments, namely —
a
section 18 of the Finance Act 1896 ;
b
section 61(5) of the Finance (1909–10) Act 1910 ; and
c
section 17(3) of the Law of Property Act 1925 and section 73(6) of the Land Registration Act 1925
shall, as regards interest accruing on or after 6th July 1989, be 11 per cent. per annum.
3
Section 8(9) of the Finance Act 1894 shall, as regards interest accruing on or after 6th July 1989, have effect with the substitution of the word “eleven” for the word “nine”.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 2) Regulations 1989 and shall come into force on 9th June 1989.
2
In these Regulations–
“the dental list” means the list prepared by a Committee in accordance with regulation 4(1) of the principal Regulations ;
“dentist” means a registered dental practitioner;
“the principal Regulations” means the National Health Service (General Dental Services) Regulations 1973 .
Amendment of the principal Regulations
2
After regulation 6 of the principal Regulations there shall be inserted the following regulation:–
Removal from dental list on grounds of age
6A
1
A Committee shall, on each of the dates specified in column (1) of the Table below, remove from the dental list the name of any dentist included in the list who has, on or before that date, attained the age specified in column (2) of the Table in relation to that date.
Table
(1) (2)
1st April 1990 the age of 72 1st April 1991 the age of 71 1st April 1992 the age of 70 1st April 1993 the age of 69 1st April 1994 the age of 68 1st April 1995 the age of 67 1st April 1996 the age of 66 1st April 1997 the age of 65
2
A Committee shall, on 1st April in 1998 and in each successive year thereafter, remove from the dental list the name of any dentist included in the list who has attained the age of 65 during the period of 12 months ending on 1st April in that year.
3
A Committee shall give to any dentist whose name is to be removed from the dental list in accordance with paragraph (1) or (2)–
a
notice in writing to that effect not less than 12 months nor more than 13 months before the date on which his name is to be removed; and
b
a further such notice not less than 3 months nor more than 4 months before that date,
but the failure to give notice to any dentist as required by sub-paragraph (a) or (b) shall not prevent the removal of that dentist’s name from the dental list in accordance with paragraph (1) or (2).
4
A Committee shall, no later than 7 days after the removal in accordance with paragraph (1) or (2) of the name of any dentist from the dental list, notify the Secretary of State in writing of the name, address, date of birth and dental list number of the dentist in question.
.
Transitional provision
3
In relation to any dentist whose name is to be removed from the dental list on 1st April 1990, the requirement as to notice in paragraph (3)(a) of regulation 6A of the principal Regulations shall have effect as if for the references to “12 months” and “13 months” there were substituted references to “9 months” and “10 months” respectively.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State
Department of Health
15th May 1989


text:
1
These Regulations may be cited as the Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) (Amendment) Regulations 1989 and shall come into force on 24th April 1989.
2
In these Regulations, “the principal Regulations ” means the Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) Regulations 1978 .
3
In regulation 2 of the principal Regulations –
a
after the definition of “BS5394: 1983” there shall be added the following definition:
“B.S.5394: 1988” means the British Standard Specification for Limits and methods of measurement of radio interference characteristics of fluorescent lamps and luminaires, B.S.5394: 1988, published on 29th July 1988;
b
for the definition of “the Directive” there shall be substituted the following definition:
“the Directive” means Council Directive No. 76/890/ EEC as amended by Commission Directive No. 87/310/EEC .
4
In regulation 5 of the principal Regulations, after the words “The requirements of Regulation 6 below” there shall be inserted “as originally specified or as subsequently amended”.
5
For regulation 6 of the principal Regulations there shall be substituted the following regulation:–
6
1
Subject to paragraph (3) below, the insertion loss of a luminaire within the meaning of clause 3.5 of BS5394: 1983 or clause 3 of B.S.5394: 1988 as measured by the method prescribed in clause 5 of BS5394: 1983 or clause 5, 6 or 7 of B.S.5394: 1988, as the case may be, shall not be less than the minimum values relevant to that luminaire prescribed in clause 4 of BS5394: 1983 or of B.S.5394: 1988, as the case may be (being values which are related to the frequencies at which the fluorescent lighting apparatus generates electro-magnetic energy).
2
The relevant procedures, requirements and specifications set out in BS5394: 1983 or B.S.5394: 1988, as the case may be, shall be complied with in the testing of a luminaire and the determination of the minimum values of insertion loss thereof.
3
On and after 1st January 1990, luminaires which, by virtue of Regulation 4(1), are required to comply with Regulation 6, shall comply only with the relevant procedures, requirements and specifications of B.S.5394: 1988 and, in so far as such luminaires are concerned, the references to BS5394: 1983 in paragraphs (1) and (2) above shall not apply.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Trade and Industry
22nd March 1989


text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as classified roads as from the date on which the Secretary of State notifies the City of Bradford Metropolitan Council that the new trunk road is open for through traffic.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
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 road;
ii
“the deposited plan”means the plan folio numbered HA10–YH96 marked “The A65 and A660 Trunk Roads (Burley-in-Wharfedale (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; and
iii
“the new trunk road”means the highway to be provided in pursuance of the A65 and A660 Trunk Roads (Burley-in-Wharfedale Bypass) Order 1989 .
3
This Order shall come into force on the 24th February 1989 and may be cited as the A65 and A660 Trunk Roads (Burley-in-Wharfedale) (Detrunking) Order 1989.
Signed by authority of the Secretary of State
J.F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
24th January 1989


text:
1
This Order may be cited as the Value Added Tax (Finance, Health and Welfare) Order 1989 and shall come into force on 1st January 1990.
2
1
Group 5 (finance) of Schedule 6 to the Value Added Tax Act 1983 shall be varied in accordance with the following paragraphs of this article.
2
For item 6A there shall be substituted the following item –
6A
The making of arrangements for or the underwriting of any transaction within item 6.
.
3
After item 7 there shall be added the following item –
8
The management of an authorised unit trust scheme or of a trust based scheme by the operator of the scheme.
.
4
After Note 4 there shall be added the following Notes –
5
Item 6A includes the introduction to a person effecting transactions in securities or secondary securities within item 6 of a person seeking to acquire or dispose of such securities.
6
In item 8 –
a
“authorised unit trust scheme” and “operator” have the same meanings as in section 207(1) of the Financial Services Act 1986 ;
b
“trust based scheme” has the same meaning as in regulation 2(1)(b) of the Financial Services Act 1986 (Single Property Schemes) (Exemption) Regulations 1989 .
.
3
Group 7 (health and welfare) of Schedule 6 to the Value Added Tax Act 1983 A relevant variation to Group 7 was made by S.I. 1985/1900 . shall be varied by adding after item 10 the following item –
11
The supply of transport services for sick or injured persons in vehicles specially designed for that purpose.
.
John Taylor
Tom Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1989


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1989 and shall come into force on 1st July 1989.
2
The Motor Vehicles (Tests) Regulations 1981 are hereby amended so that in the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there are substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing amount Substituted amount
20(1)(a) £7.92 £8.56 20(1)(c) £13.22 £14.26 23(2)(b) £3.96 £4.28 23(2)(c) £6.61 £7.13 25(2) £37.00 £35.50
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
1st June 1989


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1989 (CommencementNo. 2) Order 1989.
2
In this Order unless the context otherwise requires, “ the Act ” means the Social Security Act 1989 and references to sections and Schedules are references to sections of and Schedules to that Act.
Appointed Day
2
1
The day appointed for the coming into force of the provisions of the Act specified in paragraph (2) below, insofar as they are not already in force, is 25th July 1989.
2
The provisions of the Act mentioned in paragraph (1) above are —
a
Schedule 8, paragraph 19 (joint citations) and section 31(1) (minor and consequential amendments) so far as it relates to it;
b
sections 9 (extension to personal pensions of occupation pension provisions relating to the abatement of unemployment benefit and the meaning of “earnings”), 10 (unemployment benefit: requirement to seek employment actively), 11 (requalification for unemployment benefit), 12 (disqualification for unemployment benefit) and 13 (income support and unemployment), for the purpose only of authorising the making under the Social Security Act 1975 , the Social Security (No. 2) Act 1980 or the Social Security Act 1986 as amended thereby of regulations which are expressed to come into force on or after9th October 1989.
Amendment of article 2(f) of the Commencement No. 1 Order
3
In article 2(f) of the Social Security Act 1989 (Commencement No. 1) Order 1989 for the words “to the extent that they do not come into force on 21st July 1989, is9th October 1989”, there shall be substituted the words “is 9th October 1989 to the extent that they do not come into force before that date.”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
24th July 1989


text:
Title and commencement
1
This Order may be cited as the Horses (Landing from Northern Ireland and the Republic of Ireland) (Revocation) Order 1989 and shall come into force on 30th January 1989.
Revocation
2
The Horses (Landing from Northern Ireland and the Republic of Ireland) Order 1954 is hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd December 1988
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
5th January 1989


text:
1
This Order may be cited as the Finance Act 1988 (Commencement) Order 1989.
2
Sections 134 and 135 of the Finance Act 1988 shall come into force on 3rd April 1989.
Mackay of Clashfern, C.
13th March 1989


text:
Citation and Commencement
1
This Order may be cited as the Adoption Allowance Schemes Order 1989 and shall come into force on 14th February 1989.
Repeals
2
Section 57(7) of the Adoption Act 1976 (expiry after seven years of section 57(4) of the 1976 Act which provides for adoption allowance schemes) is hereby repealed.
Signed by authority of the Secretary of State for Health
R. N. Freeman
Parliamentary Under-Secretary of State,
Department of Health
8th February 1989


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1989 and shall come into force on 31st August 1989
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government department specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters respectively specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 1989 and shall come into force on 17th July 1989.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Parts I and II of the Schedule to the Act of Sederunt (Fees of Sheriff Officers) 1978 in the paragraphs specified in column 1 of the following table, for the fees specified in column 2 substitute the fees specified in column 3 of the table, and the fees so substituted shall be payable in respect of work done on or after the date on which this Act of Sederunt comes into force.
TABLE
Column 1 Column 2 Column 3 (paragraphs) (old fees) (new fees)
PART I -ORDINARY COURT 1 2.25 2.45 2(a) 4.50 4.85 2(b) 5.50 5.95 2(c) 5.50 5.95 2(d) 8.50 9.20 2(e) 2.25 2.45 3(a) 8.50 9.20 3(a) 2.75 2.95 3(b) 2.75 2.95 3(d) 2.25 2.45 3(f) 8.50 9.20 3(g) 4.20 4.55 3(h) 7.05 7.60 3(i) 3.55 3.85 3(j) 3.55 3.85 3(k) 3.55 3.85 3(l) 7.05 7.60 4(b) 1.10 1.20 5(a) 5.50 5.95 5(b) 4.50 4.85 5(c) 2.75 2.95 5(d) 11.50 12.40 5(e) 5.50 5.95 5(f) 2.25 2.45 6(a) 4.50 4.85 6(b) 2.25 2.45 6(c) 5.50 5.95 6(d) 2.25 2.45 6(e) 11.50 12.40 6(f) 7.00 7.55 6(g) 2.25 2.45 6(i) 3.50 3.80 6(j) 3.55 3.85 6(k) 4.20 4.55 6(l) 3.55 3.85 6(m) 7.05 7.60 6(n) 4.60 4.95 6(o) 4.20 4.55 6(p) 5.60 6.05 6(q) 2.25 2.45 6(r) 2.25 2.45 6(s) 11.55 12.45 6(s) 4.60 4.95 6(s) 2.25 2.45 6(t) 8.50 9.20 6(t) 2.75 2.95 6(u) 11.55 12.45 6(v) 11.55 12.45 6(v) 4.60 4.95 6(v) 2.25 2.45 6(w) 7.05 7.60 6(x) 7.05 7.60 7(a) 46.00 49.70 7(b) 2.25 2.45 8(a) 23.00 24.85 8(a) 11.50 12.40 8(b) 14.00 15.10 8(b) 7.00 7.55 9(a) 4.50 4.85 9(b) 11.50 12.40 9(b) 23.00 24.85 9(b) 23.00 24.85 9(c) 2.25 2.45 10(a) 2.25 2.45 10(b) 11.50 12.40 10(c) 4.50 4.85 11(a) 2.75 2.95 11(b) 2.75 2.95 11(c) 0.75 0.80 11(c) 0.35 0.40 11(d) 7.05 7.60 12 0.75 0.80 14 2.25 2.45
TABLE
Column 1 Column 2 Column 3 (paragraphs) (old fees) (new fees)
PART II -SUMMARY CAUSE DECREES 1 2.25 2.45 2(a) 2.75 2.95 2(b) 7.75 8.35 2(c) 5.50 5.95 2(d) 1.10 1.20 3(a) 8.50 9.20 3(a) 2.75 2.95 3(b) 2.75 2.95 3(d) 2.25 2.45 3(f) 8.50 9.20 3(g) 2.80 3.00 3(h) 7.05 7.60 3(i) 3.55 3.85 3(j) 3.55 3.85 3(k) 3.55 3.85 3(l) 7.05 7.60 4(b) 1.10 1.20 5(a) 2.75 2.95 5(b) 4.50 4.85 5(c) 2.75 2.95 5(d) 11.50 12.40 5(e) 5.50 5.95 5(f) 2.25 2.45 5(h) 2.75 2.95 5(i) 1.10 1.20 6(a) 4.50 4.85 6(b) 2.75 2.95 6(c) 2.25 2.45 6(e) 7.00 7.55 6(f) 2.25 2.45 6(h) 3.50 3.80 6(i) 3.55 3.85 6(j) 2.80 3.00 6(k) 3.55 3.85 6(l) 7.05 7.60 6(m) 4.60 4.95 6(n) 2.80 3.00 6(o) 2.80 3.00 6(p) 2.25 2.45 6(q) 2.25 2.45 6(r) 11.55 12.45 6(r) 4.60 4.95 6(r) 2.25 2.45 6(s) 8.50 9.20 6(s) 2.75 2.95 6(t) 11.55 12.45 6(u) 11.55 12.45 6(u) 4.60 4.95 6(u) 2.25 2.45 6(v) 7.05 7.60 6(w) 7.05 7.60 7(a) 46.00 49.70 7(b) 2.25 2.45 8(a) 23.00 24.85 8(a) 11.50 12.40 8(b) 14.00 15.10 8(b) 7.00 7.55 9(a) 4.00 4.30 9(b) 11.50 12.40 9(b) 23.00 24.85 9(b) 23.00 24.85 9(c) 2.25 2.45 10(a) 2.75 2.95 10(b) 2.75 2.95 10(c) 0.75 0.80 10(c) 0.35 0.40 10(d) 7.05 7.60 11 0.75 0.80 13 2.25 2.45
Emslie
Lord President IPD
Edinburgh
15th June 1989


text:
1
a
The lengths of trunk road described in Schedule 1 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as principal roads as from the date on which the Secretary of State notifies the County Council of Norfolk that the main new trunk road is open for through traffic.
b
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Norfolk that the main 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 HA 10/2E/228 marked “The A47 Leicester — Great Yarmouth Trunk Road (Easton — Postwick), A11 London — Norwich Trunk Road (Cringleford — Mile End Road), A140 Ipswich — Norwich Trunk Road (South of Norwich Road — Daniels Road) (Norwich Southern Bypass) 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 main new trunk road” means the trunk road to be constructed in pursuance of The A47 Leicester — Great Yarmouth Trunk Road) (Norwich Southern Bypass and Slip Roads) (Western Section) Order 1988 and The A47 Leicester — Great Yarmouth Trunk Road (Norwich Southern Bypass and Slip Roads) (Southern and Eastern Section) Order 1989, and referred to as the main new trunk road in those orders; and (iv) “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 as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 9th January 1990 and may be cited as the A47 Leicester — Great Yarmouth Trunk Road (Easton — Postwick), A11 London — Norwich Trunk Road (Cringleford — Mile End Road), A140 Ipswich — Norwich Trunk Road (South of Norwich Road — Daniels Road) (Norwich Southern Bypass) Detrunking Order 1989.
Signed by authority of the Secretary of State
Peter Emms
Regional Director Eastern Region
Department of Transport
29th November 1989


text:
Title and commencement
1
These Regulations may be cited as the Caseins and Caseinates (Amendment) Regulations 1989 and shall come into force on 1st January 1990.
Interpretation
2
In these Regulations the expression “the principal Regulations ” means the Caseins and Caseinates Regulations 1985 and, unless the context otherwise requires, any reference herein to a numbered regulation or to a Schedule shall be construed as a reference to the regulation so numbered in or to the Schedule to the principal Regulations.
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with regulations 4 to 7 of these Regulations.
4
At the end of regulation 2 there shall be added the following regulation:
2A
Any reference in Part III of the Schedule to a “method” identified by a number shall be construed as a reference to the method of analysis for casein products described under that number in, and as read with the General Provisions of, Annex II to First Commission Directive 85/503/ EEC .
.
5
After regulation 6 there shall be added the following regulation:
Sampling
6A
In relation to the sampling of casein products for analysis–
a
the powers of a sampling officer or of an officer of the Minister’s department under section 78 or 83 respectively of the Food Act 1984 to procure samples, and
b
the duty of a sampling officer or of an officer of the Minister’s department under section 80 or 83 respectively of and Part I of Schedule 7 to that Act to deal with samples,
shall be exercised and performed in accordance with the methods laid down in the Annex to First Commission Directive 86/424/EEC .
.
6
Regulation 10 (amendment of the Food Labelling Regulations 1984) shall be revoked.
7
For Part III of the Schedule there shall be substituted the Part III set out in the Schedule to these Regulations.
Amendment of the Food Labelling Regulations 1984
8
As the first item in Schedule 3 (Generic names in list of ingredients) to the Food Labelling Regulations 1984 , there shall be inserted, in Column 1, the word “Caseinates.” and, in Column 2, the words “Any type of caseinate”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
8th December 1989
Peter Walker
Secretary of State for Wales
7th December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Banking Act 1987 (Exempt Transactions) (Amendment) Regulations 1989 and shall come into force on 4th April 1989.
Interpretation
2
In these Regulations “the principal Regulations ” means the Banking Act 1987 (Exempt Transactions) Regulations 1988 .
Amendment of principal Regulations
3
The principal Regulations shall be amended as follows:
a
in regulation 1(2) of the principal Regulations–
i
by inserting after the definition of “exempt transaction” the following new definition–
“financial year” has the meaning ascribed to it by section 742 of the Companies Act 1985;
;
ii
by inserting after the definition of “the Official List” the following new definition–
“Recognised Overseas Exchange” means an exchange, market place or association for the time being included in the list published by the Council for the purposes of rule 535.4a of the Rules of The Stock Exchange (permitted dealings in foreign securities) (or any rule of The Stock Exchange having substantially the same effect) ;
; and
iii
by substituting for the definition of “successor to the British Steel Corporation” the following new definition–
“successor”, in relation to a body, means any company in which property, rights and liabilities of the body shall have become vested by virtue of an Act; and
;
b
in regulation 10(2) by deleting the words “to the British Steel Corporation”;
c
by substituting for regulation 13 of the principal Regulations the following new regulation–
13
The acceptance of a deposit by a person (not being a body listed in Schedule 2 to these Regulations) on terms involving the issue of any sterling commercial paper is an exempt transaction if–
a
the person accepting the deposit is–
i
a company whose shares or debt securities have been admitted to the Official List (and are not the subject of a notice issued by the Council cancelling or suspending the listing or suspending dealings) or are dealt in on the Unlisted Securities Market (and are not the subject of a Council notice cancelling or suspending dealings); or
ii
a company not falling within sub-paragraph (a)(i) above which is incorporated in the United Kingdom or whose shares or debt securities have been admitted to listing on a Recognised Overseas Exchange (and are not the subject of official action taken in accordance with the rules of the Recognised Overseas Exchange cancelling or suspending the listing or suspending dealings), which has complied with the requirements of Schedule 3 to these Regulations; or
iii
the government of any country or territory, or a public authority, outside the United Kingdom the debt securities of which are admitted to trading on The Stock Exchange or on a Recognised Overseas Exchange (and are not the subject of a notice issued by the Council or official action taken in accordance with the rules of the Recognised Overseas Exchange (as the case may be) cancelling or suspending the admission to trading or suspending dealings); or
iv
a person who does not fall within sub-paragraphs (a)(i) to (iii) above, if either a company which falls within sub-paragraph (a)(i) or an authorised institution has guaranteed to the holder of the sterling commercial paper the repayment of the principal and the payment of any interest or premium in connection therewith;
b
in the case of a company falling within sub-paragraph (a)(i) or (ii) above, its net assets or, in the case of a person falling within sub-paragraph (a)(iv) above where the guarantor is not an authorised institution, the guarantor’s net assets were shown in its last audited individual or group accounts (as the case may be) to be not less than £25 million (or an amount of equivalent value denominated wholly or partly otherwise than in sterling);
c
in consideration of the deposit a single debt security is issued, in the form of sterling commercial paper, which has a redemption value of not less than £100,000, the whole or part of which may be transferred only if the aggregate redemption value of sterling commercial paper being transferred is not less than £100,000; and
d
the sterling commercial paper–
i
is issued and payable in the United Kingdom,
ii
bears the rubric “sterling commercial paper issued in accordance with regulations made under section 4 of the Banking Act 1987”,
iii
states the name of the issuer and that the issuer is not an authorised institution and either states that repayment of the principal and the payment of any interest or premium in connection with the sterling commercial paper have not been guaranteed, or, if they have been guaranteed, states that this is the case, the name of the guarantor and whether or not the guarantor is an authorised institution, and
iv
if it is issued by a company falling within sub-paragraph (a)(i) or (ii) above, or guaranteed by a company falling within sub-paragraph (a)(i) above, and is not offered by a prospectus to which section 56 or 72 of the Companies Act 1985 or the corresponding Northern Ireland legislation applies, includes a statement made by the company accepting the deposit or the guarantor (as the case may be) that the relevant company has complied with its obligations under the relevant rules and that, since the last publication in compliance with the relevant rules of information about the relevant company, the relevant company, having made all reasonable enquiries, has not become aware of any change in circumstances which could reasonably be regarded as significantly and adversely affecting its ability to meet its obligations in respect of the sterling commercial paper as they fall due. In this paragraph “the relevant rules” means–
aa
in the case of a company whose shares or debt securities have been admitted to the Official List, the listing rules, or
bb
in the case of a company whose shares or debt securities are dealt in on the Unlisted Securities Market, the terms and conditions of entry to the Unlisted Securities Market, or
cc
in the case of a company not falling within sub-paragraph (aa) or (bb) above, Schedule 3 to these Regulations.
;
d
in Schedule 2–
i
after the entry relating to an Area Board within the meaning of section 1(3) of the Electricity Act 1947 there shall be inserted the following new entry–
“Any successor to such an Area Board.”;
ii
the entries relating to the British Steel Corporation and any successor to the British Steel Corporation shall be deleted;
iii
after the entry relating to the Central Electricity Generating Board there shall be inserted the following new entry–
“Any successor to the Central Electricity Generating Board.”;
iv
after the entry relating to the Housing Corporation there shall be inserted the following new entry–
“London Regional Transport.”;
v
after the entry relating to the North of Scotland Hydro-Electric Board there shall be inserted the following new entry–
“Any successor to the North of Scotland Hydro-Electric Board.”;
vi
for the entry relating to the Northern Ireland Electricity Service there shall be substituted the words “Northern Ireland Electricity.”;
vii
after the entry relating to the Northern Ireland Transport Holding Company there shall be inserted the following new entry–
“The Post Office.”; and
viii
after the entry relating to the South of Scotland Electricity Board there shall be inserted the following new entry–
“Any successor to the South of Scotland Electricity Board.”; and
e
by the addition after Schedule 2 of the following new Schedule–
SCHEDULE 3
REQUIREMENTS TO BE COMPLIED WITH BY CERTAIN ISSUERS OF STERLING COMMERCIAL PAPER
Regulation 13
Interpretation
1
In this Schedule–
“the issuer” means a company accepting a relevant deposit;
“the relevant date” means the date on which the information set out in paragraph 2 below was first provided by the issuer to The Stock Exchange in accordance with paragraph 4 below; and
“a relevant deposit” means a deposit accepted on terms involving the issue of any sterling commercial paper.
Information to have been notified to The Stock Exchange
2
Not less than fourteen days prior to the acceptance of its first relevant deposit the issuer shall have provided the following information to The Stock Exchange:
The issuer
a
the name of the issuer and, if the sterling commercial paper was guaranteed, the name of the guarantor;
b
the country or territory of incorporation of the issuer and, if applicable, the guarantor;
c
the address of the registered office of the issuer (if it has one) and, if it has no registered office or if its principal place of business was not at its registered office, the address of its principal place of business;
d
the date on which the issuer was incorporated and, if it has a limited life, the length of its life;
e
the legislation under which the issuer is incorporated and the legal form which it has adopted under that legislation;
f
the place of registration of the issuer, if different to the country or territory of incorporation, and the number with which it is registered;
g
the names and addresses of the issuer’s principal bankers;
h
details of any legal or arbitration proceedings pending or threatened against the issuer or, if it is a member of a group, any member of the group, which might have, or might have had during the twelve months prior to the relevant date, a significant effect on the financial position of the issuer or the group (as the case may be) or, if there were no such proceedings, a statement to that effect;
i
the address in the City of London where copies of the documents referred to in paragraph 6 of this Schedule were available for inspection;
j
if the sterling commercial paper was guaranteed by a company falling within regulation 13(a)(i) of these Regulations, an address in the City of London where information about that company was available for inspection in accordance with the listing rules or the terms and conditions of entry to the Unlisted Securities Market (as the case may be);
k
a description of the principal activities of the issuer, stating the main categories of products sold or services performed, together with, in a case where two or more activities were carried on which were material in terms of profits or losses, such figures and explanations as were necessary to determine the relative importance of each activity;
l
details of any patent, licence, new manufacturing process or industrial, commercial or financial contract on which the business or profitability of the issuer or its group depended to a material extent;
m
if the issuer is a member of a group, a brief description of the group and of the issuer’s position within it and, if the issuer is a subsidiary, the name of each holding company of the issuer;
Financial information
n
the amount of the authorised and issued share capital of the issuer, the amount of any share capital agreed to be issued and the number and classes of the shares of which it was composed with details of their principal characteristics; if any part of the issued share capital was still to be paid up, an indication of the number, or total nominal value, and the type of the securities not then fully paid up, broken down, where applicable, according to the extent to which they had been paid up;
o
information with respect to the profits and losses, assets and liabilities and financial record and position of the issuer and, if it is a member of a group, of the group, set out as a comparative table for each of the latest five financial years of the issuer for which such information was available, together with copies of individual and (if applicable) group accounts for each of the latest two such financial years, including, in the case of a company incorporated in the United Kingdom, all notes, reports or other information required by the Companies Act 1985 or the Companies (Northern Ireland) Order 1986;
p
if more than nine months had elapsed since the end of the financial year to which the last published annual accounts related, an interim financial statement covering at least the first six months of the then current financial year and if such an interim financial statement had not been audited, a statement to this effect;
q
the names, addresses and qualifications of the auditors who have audited the issuer’s annual accounts for the preceding two financial years and in the case of a company incorporated outside the United Kingdom a statement as to whether or not those accounts conformed to United Kingdom or generally accepted international accounting standards;
r
if during the two financial years of the issuer preceding the relevant date the issuer’s auditors had refused to sign an auditors' report on the annual accounts of the issuer, or had qualified any such report in any way, a copy of the refusal (if in writing) or of the qualification together with details of any reasons given by the auditors for such action;
s
details as at the most recent practicable date (which shall have been stated) prior to the relevant date of the following, which, if the issuer is a member of a group, shall also have been provided on a consolidated basis:
i
the total amount of any loan capital outstanding in any member of the group, and loan capital created but unissued, and term loans, distinguishing between loans guaranteed and unguaranteed, and those secured (whether the security is provided by the issuer or by third parties) and unsecured;
ii
the total amount of all other borrowings and indebtedness in the nature of borrowing of the issuer or the group (as the case may be), distinguishing between guaranteed and unguaranteed and secured and unsecured borrowings and debts, including bank overdrafts and liabilities under acceptances (other than normal trade bills) or acceptance credits or hire purchase commitments;
iii
all mortgages and charges of the issuer or the group (as the case may be); and
iv
the total amount of any contingent liabilities and guarantees of the issuer or the group (as the case may be);if the issuer or the group (as the case may be) had no such loan capital, borrowings, indebtedness or contingent liabilities, this shall have been stated; no account should have been taken of liabilities between undertakings within the same group, a statement to that effect having been made if necessary;
Directors
t
the names, home or business addresses and functions within the issuer or its group (if applicable) of the directors of the issuer and an indication of the principal activities performed by them outside the issuer or the group (as the case may be) where these were significant with respect to the issuer or the group (as the case may be);
Recent developments
u
general information on the trend of the business of the issuer or its group (if applicable) since the end of the financial year to which the last published annual accounts related, in particular:
i
the most significant recent trends in production, sales and stocks and the state of the order book; and
ii
recent trends in costs and selling prices;
Overseas companies
v
where information was being provided by a company whose shares or debt securities have been admitted to listing on a Recognised Overseas Exchange, the name of the Recognised Overseas Exchange and the type of securities listed;
The sterling commercial paper
w
the total amount which the issuer intended to raise by the issue of sterling commercial paper and details of the intended application of the proceeds raised;
x
the name and address of any issuing and paying agent for the sterling commercial paper in the United Kingdom and the name and address of any managing agent, if different;
y
the period after which entitlement to interest or repayment of capital would lapse, or if there was no period after which such entitlement would lapse, a statement to that effect; and
z
details of the procedures for the delivery of the sterling commercial paper to holders (including any applicable time limits) and whether temporary documents of title would be issued.
Information to be available for public inspection
6
The issuer shall have made available at an address in the City of London copies of the following documents during normal business hours for a period beginning on the relevant date and continuing at least until the acceptance of its first relevant deposit:
i
the memorandum and articles of association or equivalent documents of the issuer;
ii
any trust deed or other document constituting debt securites of the issuer;
iii
any contract directly relating to the issue of the sterling commercial paper and any existing or proposed service contract between a director of the issuer and the issuer or any member of its group;
iv
any report, letter, valuation, statement, balance sheet or other document any part of which is extracted or referred to in any other document provided to The Stock Exchange under this Schedule; and
v
the audited accounts of the issuer and, if it is a member of a group, the consolidated audited accounts of the group, for each of the two latest financial years preceding the relevant date for which such accounts are available together with, in the case of a company incorporated in the United Kingdom, all notes, reports or other information required by the Companies Act 1985 or the Companies (Northern Ireland) Order 1986 to be attached thereto;
any reference in this paragraph 6 to a document which is not in English shall be taken to include in addition a reference to a translation of that document which is either certified to be correct by a notary public or which has been made by a person certified by a practising solicitor within the meaning of regulation 8 of these Regulations to be in his opinion competent to make such a translation.
7
Prior to the acceptance by the issuer of a further relevant deposit the issuer shall either have complied with paragraph 6 above as if such further deposit were its first relevant deposit or shall have continued to make available at the address for the time being provided to The Stock Exchange under sub-paragraph 2(i) above up-to-date copies of the documents referred to in that paragraph as soon as practicable after they became available.
Information to have been notified to the Bank of England
8
If the relevant deposit is accepted as part of a programme for the issue of sterling commercial paper, the issuer, before it accepted the first deposit relating to the programme, shall have notified to the Bank of England the total amount to be raised under the programme, the maturity period of the sterling commercial paper to be issued under the programme (if known) and a detailed description of the purposes for which the proceeds of the programme would be used; and if the issuer subsequently extended the programme, shall also have notified details of the increased amount to be raised and any other material changes to the information initially provided.
9
If the issuer has provided information to the Bank of England under paragraph 8 in relation to a relevant deposit, it shall also have reported to the Bank of England within one week after the end of each calendar month following the month in which such information was so provided the amount of sterling commercial paper issued by it outstanding at the end of that calendar month and (in the case of a second or subsequent report) the amounts of sterling commercial paper issued and redeemed by it since the date of the previous report, distinguishing in each case between sterling commercial paper guaranteed by an authorised institution and sterling commercial paper not so guaranteed.
.
Kenneth Carlisle
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1989


text:
1
The length of highway described in Schedule 1 to this Order and indicated by a heavy black line on the deposited plan shall become a trunk road as from the date on which this Order comes into force.
2
The lengths of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road as from the date when this Order comes into force.
3
In this Order–
i
“the deposited plan”
means the plan numbered NWRT 5046/80/15 (1) marked “the Shrewsbury–Whitchurch–Warrington Trunk Road (A49, Taporley Road, Stretton) (Trunking) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the Trunk Road”
means the Shrewsbury–Whitchurch–Warrington Trunk Road (A49).
4
This Order shall come into force on 8th December 1989 and may be cited as the Shrewsbury–Whitchurch–Warrington Trunk Road (A49, Tarporley Road, Stretton) (Trunking) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
20th October 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Valuation and Community Charge Tribunals) Regulations 1989 and shall come into force on 6th October 1989, but regulations 2 and 3 shall have effect as from 1st May 1989.
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.
Continuity of employment
2
Regulation H1 of the principal Regulations is amended by inserting after paragraph (a)(vi) the words–
or
vii
by regulation 5 of and Schedule 1 to the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989 ;
.
Pensionable employees
3
Part I of Schedule 2 to the principal Regulations is amended by substituting for the words“A local valuation panel constituted under the General Rate Act 1967” the words“a valuation and community charge tribunal established under Schedule 11 to the Local Government Finance Act 1988 .”.
Retrospective effect
4
Where–
a
if these Regulations had come into force on 1st May 1989, a person would at any time before 6th October 1989 have been entitled to make an election under regulation B1A or B1C, or to give a notification under regulation B1B, of the principal Regulations, and
b
he gives notice of such an election or gives such a notification within 3 months after 6th October 1989,the election or notification may be expressed to have effect as if these Regulations had come into force on 1st May 1989 and the notice or notification had been given on the first day on which he would in that case have been entitled to give such notice or notification or, where that day is 1st May 1989, to have effect from that date.
Right to opt out
5
No provision of these Regulations shall apply to any person to whom at any time before 6th October 1989 any benefit (including a return of contributions and any pension payable to a widow or any dependant 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 6th October 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 6th October 1989, elects that that provision shall not apply to him.
Signed by authority of the Secretary of State.
David Trippier
Minister of State,
Department of the Environment
31st August 1989


text:
1
This Order may be cited as the British Nationality (Pakistan) Order 1989 and shall come into force on the date upon which Pakistan again becomes a member of the Commonwealth, which date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The British Nationality Act 1981 shall have effect as if, in Schedule 3 to that Act (countries whose citizens are Commonwealth citizens), under the word “Nigeria” there were inserted the word “Pakistan”.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) Order 1989 and shall come into force on 14th February 1990.
2
In this Order, unless the context otherwise requires —
“aircraft” does not include helicopters;
“Commissioners” means the Commissioners of Customs and Excise;
“country” includes territory;
“document” includes any record or device by means of which information is recorded or stored;
“goods”, unless otherwise specified, means both used and unused goods;
“hovercraft” has the same meaning as in section 4(1) of the Hovercraft Act 1968 ;
“importation” and “exportation” in relation to a vessel, submersible vehicle, aircraft or helicopter includes the taking into or out of the United Kingdom of the vessel, submersible vehicle, aircraft or helicopter notwithstanding that the vessel, submersible vehicle, aircraft or helicopter is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Member State” means a Member State of the European Communities;
“microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“ODMA software” means operating software, diagnostic software, maintenance software or application software; and in each case includes only the minimum software necessary to enable the equipment to perform the function for which it was designed;
“programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer and includes a microprogramme;
“scheduled goods” means goods of a description specified in Schedule 1 hereto;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;
“ship” includes the hull or part of the hull of a ship;
“software” means one or more programmes fixed in any tangible medium of expression;
“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;
“ SWATH vessel” means any small waterplane area twin-hull vessel;
“technological document” means any document containing information relating to the design, production, testing or use of goods or to technologies or processes, excluding:
document which is generally available to the public;
application for the grant of a patent (or any other form of protection for an invention) or for the registration of a design, or a semi conductor topography, in each case under the law of the United Kingdom or of any other country or under any treaty or international convention;
document necessary to enable any such application to be filed, made or pursued;
“vessel” includes any ship, surface effect vehicle, SWATH vessel and hydrofoil, and the hull or part of the hull of a vessel;
a prohibition on exportation means a prohibition on exportation from the United Kingdom and shall include a prohibition on shipment as ships' stores;
any reference to scheduled goods or any other item being indicated by a letter shall be taken as a reference to such goods or items being so indicated in Schedule 1 hereto;
numerical references in Schedule 1 hereto to British Standards are references to the standards so numbered published by the British Standards Institution in the year indicated after such references with such amendments (if any) thereto as may have been made before the making of this Order;
references in Schedule 1 hereto to percentages of the contents of any goods are references to percentages by weight;
any description of goods specified in Group A of Part I of Schedule 1 hereto in relation to a Combined Nomenclature heading or sub-heading, other than one covering a whole heading, shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a subheading in the relevant heading in the Combined Nomenclature of the European Economic Community .
Prohibitions and restrictions on exportation
2
Subject to the provisions of this Order —
i
where scheduled goods are indicated by the letter “C”, those goods are prohibited to be exported to any destination, and (whether or not express provision is made in relation to technology) technological documents the information in which relates to those goods are prohibited to be exported to any destination in a country listed in Schedule 2 to this Order;
ii
where technology is specified in Schedule 1 to this Order and indicated by the “D”, technological documents the information in which includes that technology are prohibited to be exported to any destination in a country listed in Schedule 2 to this Order;
iii
scheduled goods indicated by the letter “E” are prohibited to be exported to any destination except a destination in another Member State;
iv
where scheduled goods are indicated by the letter “I”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which relates to those goods are prohibited to be exported to any destination in Iran or Iraq;
v
where scheduled goods are indicated by the letter “L”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which relates to those goods are prohibited to be exported to any destination in Libya;
vi
where scheduled goods are indicated by the letter “S”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which relates to those goods are prohibited to be exported to any destination after delivery or for the purpose of delivery, directly or indirectly, to a person in any country listed in Schedule 2 to this Order;
vii
scheduled goods indicated by the letter “T” are prohibited to be exported to any destination except that when in relation to such goods the provisions of Commission Regulation ( EEC ) 1062/87 , as amended , relating to the use of Community transit documents requiring anything to be done at or before the time of exportation have been complied with, the goods may be exported to a destination in another Member State;
viii
scheduled goods indicated by the letter “W” are prohibited to be exported to any destination;
ix
scheduled goods indicated by the letter “X” are prohibited to be exported to any destination in India or Pakistan;
x
where scheduled goods are indicated by the letter “Y”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which relates to those goods are prohibited to be exported to any destination in Syria;
xi
where scheduled goods are indicated by the letter “Z”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which relates to those goods are prohibited to be exported to any destination in South Africa or Namibia;
xii
specialised components of any goods of a description specified in Group 1 of Part II of Schedule 1 hereto, whether or not such components are specified in the description, are prohibited to be exported to any destination in South Africa or Namibia;
xiii
goods of a description specified in Group C of Part I of Schedule 1 hereto are prohibited to be exported to any destination in the United States of America or the Commonwealth of Puerto Rico.
Community steel products
3
The prohibition in article 2(xiii) of this Order shall not apply to any exportation to any destination in the United States of America or the Commonwealth of Puerto Rico in accordance with a European Community export licence issued by the competent authority of a Member State in conformity with the provisions of Commission Decision 2873/82/ EC SC or Commission Regulation (EEC) No.2874/82 or Commission Regulation (EEC) No.61/85 .
Exceptions
4
Nothing in article 2 of this Order shall be taken to prohibit the exportation of —
Licensed exports and permitted ships' stores
a
any goods under the authority of a licence granted by the Secretary of State, or the shipment of any goods as ships' stores with the permission of the proper officer of Customs and Excise at the port of departure for use on board the ship, provided that all conditions attaching to the said licence or the said permission are complied with;
Channel Islands
b
any goods other than goods of a description specified in Group B of Part I of Schedule 1 hereto or in Group 1 of Part II of the said Schedule, to any destination in the Channel Islands;
Samples
c
trade samples of any goods of a description specified in Group A of Part 1 of Schedule 1 hereto, if the samples have no saleable value;
Aircraft and helicopters
d
i
any aircraft or helicopter which is being exported after temporary importation into the United Kingdom, provided that there has been no change of ownership or registration since such importation;
ii
any aircraft or helicopter engaged on a scheduled journey;
Cocoa
e
cocoa beans, whole or broken, raw or roasted, and the following cocoa products namely cocoa paste (in bulk or block) whether or not defatted, cocoa butter (fat and oil) and cocoa powder not containing added sugar or other sweetening matter to any destination if there is produced to the proper officer of Customs and Excise at the place of export the appropriate certificate prescribed for this purpose by the economic and control rules of the International Cocoa Agreement 1986 which were adopted by the International Cocoa Council on 23rd January 1987
Firearms and ammunition
f
i
firearms (not being goods of a description specified in Group B of Part 1 of Schedule 1 hereto) authorized to be held by a valid firearm certificate or shotgun certificate granted or having effect as if granted under the Firearms Act 1968 or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981 or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald) ; and
ii
related ammunition for use therewith;
to any destination other than a destination in South Africa or in Namibia, provided that the firearms and ammunition form part of the personal effects of the holder of the certificate and the certificate is produced by the holder, or his duly authorized agent, with the firearms and ammunition, to the proper officer of Customs & Excise at the place of export;
Live animals
g
i
any live animal if the place of export is Great Britain;
ii
live bovine animals, live swine and live sheep from Northern Ireland to the Republic of Ireland;
Vessels
h
i
any vessel registered or constructed outside the United Kingdom which is being exported after temporary importation into the United Kingdom;
ii
any vessel which is departing from the United Kingdom on trials;
iii
any vessel proceeding on a normal commercial journey.
Customs powers to demand evidence of destination which goods reach
5
Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
i
a destination to which they were authorised to be exported by a licence granted for the purposes of this Order, or
ii
a destination to which their exportation was not prohibited by this Order;
and, if he fails to do so, he shall be liable to a customs penalty not exceeding two thousand pounds unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
6
1
If for the purpose of obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods or of obtaining from the Secretary of State a European Community export licence as referred to in article 3 of this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence and liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; and any licence or permission or European Community export licence which may have been granted for the exportation or shipment as ships' stores of any goods, in connection with the application for which the false statement was made or the false document or information furnished, shall be void as from the time it was granted.
2
Any person who has exported goods from the United Kingdom under the authority of a licence granted by the Secretary of State in pursuance of Article 4(a) and who fails to comply with any condition attaching to that licence shall be guilty of an offence and liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Secretary of State and that the goods in relation to which he failed to comply with the condition had, at the time when the condition was modified, been exported from the United Kingdom.
Declaration as to goods: powers of search
7
1
Any person who, on any occasion, is about to leave the United Kingdom shall, if on that occasion he is required to do so by an officer of Customs and Excise —
a
declare whether or not he has with him any goods the export of which from the United Kingdom is subject to any prohibition or restriction under this Order; and
b
produce any such goods as aforesaid which he has with him;
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence and liable to a customs penalty not exceeding one thousand pounds.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence and liable on summary conviction to a customs penalty not exceeding two thousand pounds and on conviction on indictment to a customs penalty of any amount or imprisonment for a term not exceeding two years, or to both.
Modification and revocation of licences, etc
8
1
A licence granted by the Secretary of State in pursuance of article 4(a) or having effect as if so granted may be modified or revoked by him at any time.
2
Any permission granted by the proper officer of Customs and Excise for the shipment of any goods as ships' stores may be modified or revoked by such officer at any time.
Revocations
9
The Orders specified in Schedule 3 hereto are hereby revoked.
Trefgarne
Minister for Trade,
Department of Trade and Industry
15th December 1989.


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (Borough of Walsall) 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 Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister ;
“urban development areas” means the areas designated as urban development areas by the Black Country Development Corporation (Area and Constitution) Order 1987 and the Wolverhampton Urban Development Area Order 1988 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 8 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (Borough of Walsall) Order 1989”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment, the councils of the boroughs of Walsall and Wolverhampton 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 edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in the Schedule hereto and now vested in the council of the borough of Walsall 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 areas, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development areas which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
7th June 1989


text:
1
This Order may be cited as the Firearms (Amendment) Act 1988 (Commencement No. 2) Order (Amendment) Order 1989.
2
In this Order “the 1988 Act ” means the Firearms (Amendment) Act 1988.
3
The Firearms (Amendment) Act 1988 (Commencement No. 2) Order 1989 shall be amended as follows:
a
in article 7 (commencement of section 20(1) and (2) of the 1988 Act for the purpose of enabling the Secretary of State to make an order to come into force on 1st October 1989) for the words “expressed to come into force on 1st October 1989” there shall be substituted the words “to come into force on the date on which section 20 of the 1988 Act comes into force for all other purposes”, and
b
in Part II of the Schedule (provisions of the 1988 Act coming into force on 1st October 1989) the entry relating to section 20 of the 1988 Act (removal of arms and ammunition to Northern Ireland) shall be omitted.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
13th September 1989


text:
1
This Order may be cited as the Education (Recognised Awards) (Amendment) Order 1989 and shall come into force on 14th April 1989.
2
At the end of the Schedule to the Education (Recognised Awards) Order 1988 there shall be inserted the following award–
Degree of Barrister-at-LawBenchers of the Honorable Society of the Inn of Court of Northern Ireland
.
Kenneth Baker
Secretary of State for Education and Science
4th April 1989