text:
Title and commencement
1
This Order may be cited as the Clydebank and City of Glasgow Districts (Yoker) Boundaries Amendment Order 1988, and shall come into force on 1st June 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and
“boundary map 1” means the map prepared by the Scottish Office, marked “Map 1 of the Clydebank and City of Glasgow Districts (Yoker) Boundaries Amendment Order 1988” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office, marked “Map 2 of the Clydebank and City of Glasgow Districts (Yoker) Boundaries Amendment Order 1988” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Those parts of Clydebank District, being the Area A, the Area B, the Area E, the Area G and the Area I described in Part I of the Schedule to this Order and shown delineated, hatched and marked “Area A”, “Area B” and “Area I” on boundary map 1 and “Area E” and “Area G” on boundary map 2, shall be transferred to City of Glasgow District.
2
Those parts of City of Glasgow District, being the Area C, the Area D, the Area F and the Area H described in Part II of the Schedule to this Order and shown delineated, hatched and marked “Area C” on boundary map 1 and “Area D”, “Area F” and “Area H” on boundary map 2, shall be transferred to Clydebank District.
Consequential changes of electoral arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the Area A transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 43 (Clydebank/Kilpatrick North) of Strathclyde Region and of ward 10 (Hardgate) of Clydebank District; and
b
shall form part of electoral division 9 (Drumry/Summerhill) of Strathclyde Region and of ward 1 (Drumry) of City of Glasgow District .
2
Area B described in Part I of the Schedule to this Order (being the Area B transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 42 (Clydebank/Kilpatrick South) of Strathclyde Region and of ward 5 (Linnvale/Drumry) of Clydebank District; and
b
shall form part of electoral division 9 (Drumry/Summerhill) of Strathclyde Region and of ward 1 (Drumry) of City of Glasgow District.
3
Area E, Area G and Area I described in Part I of the Schedule to this Order (being the Area E, Area G and Area I transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 42 (Clydebank/Kilpatrick South) of Strathclyde Region and of ward 1 (Whitecrook) of Clydebank District; and
b
shall form part of electoral division 11 (Yoker/Knightswood) of Strathclyde Region and of ward 5 (Yoker) of City of Glasgow District.
4
Area C described in Part II of the Schedule to this Order (being the Area C transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 10 (Blairdardie/Knightscliffe)of Strathclyde Region and of ward 3 (Blairdardie) of City of Glasgow District; and
b
shall form part of electoral division 42 (Clydebank/Kilpatrick South) of Strathclyde Region and of ward 5 (Linnvale/Drumry) of Clydebank District.
5
Area D, Area F and Area H described in Part II of the Schedule to this Order (being the Area D, Area F and Area H transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 11 (Yoker/Knightswood) of Strathclyde Region and of ward 5 (Yoker) of City of Glasgow District; and
b
shall form part of electoral division 42 (Clydebank/Kilpatrick South) of Strathclyde Region and of ward 1 (Whitecrook) of Clydebank District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
14th April 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Registration of Title (No. 2) Order 1988 and shall come into force on 1st February 1989.
2
1
In addition to the areas mentioned in column 2 of the Schedule to the Registration of Title Order 1988 (being the areas in England and Wales in which registration of title to land is already compulsory on sale) registration of title shall be compulsory on sale,
a
on and after 1st February 1989 in the districts of East Lindsey and West Lindsey, and
b
on and after 1st December 1989 in the districts of Alnwick, Berwick-upon-Tweed, Boston, Breckland, Broadland, King’s Lynn and West Norfolk, Mendip, North Kesteven, North Norfolk, Sedgemoor, South Holland, South Kesteven, South Norfolk, South Somerset and Tynedale.
2
Accordingly, on and after 1st December 1989, registration of title to land shall be compulsory on sale in the areas mentioned in column 2 of the Schedule to this Order.
3
As from 1st December 1989 the Registration of Title Order 1988 shall cease to have effect.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1988 and shall come into force on 17th March 1988.
Interpretation
2
In this Order and in the Schedule hereto —
“ the Act ” means the Financial Services Act 1986;
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Order ” means the Companies (Northern Ireland) Order 1986 ; and
“private company”, in relation to a body corporate which is a company within the meaning of the 1985 Act, means a private company within the meaning of section 1(3) of the 1985 Act and, in relation to a body corporate which is a company within the meaning of the 1986 Order, means a private company within the meaning of article 12(3) of the 1986 Order.
Investment advertisements issued by body corporate to existing members or creditors
3
1
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a body corporate other than an open-ended investment company if the circumstances are that the body corporate issues or causes the advertisement to be issued to persons whom it reasonably believes to be creditors or members of, or the holders of investments falling within paragraph 1, 2 or 4 of Schedule 1 to the Act issued by, the body corporate or by another body corporate in the same group other than an open-ended investment company and the advertisement contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to an investment of the kind described in this paragraph.
2
Section 57 of the Act shall not apply to an advertisement which is issued or caused to be issued by an open-ended investment company if the circumstances are that the open-ended investment company issues or causes the advertisement to be issued to persons whom it reasonably believes to be creditors of or the holders of investments falling within paragraph 2, 4 or 6 of Schedule 1 to the Act issued by the open-ended investment company and the advertisement contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to an investment of the kind described in this paragraph.
Investment advertisements issued in connection with employees' share schemes
4
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate, a body corporate connected with it or a relevant trustee if the only reason why it would be subject to the provisions of section 57 of the Act is because it contains an invitation made or information given for the purpose of enabling or facilitating transactions in shares in or debentures of the first mentioned body corporate between or for the benefit of any of the persons mentioned in paragraph (2) of this article or the holding of such shares or debentures by or for the benefit of any such persons.
2
The persons referred to in paragraph (1) of this article are —
a
the bona fide employees or former employees of the body corporate or of another body corporate in the same group; or
b
the wives, husbands, widows, widowers, or children (including, in Northern Ireland, adopted children) or step-children under the age of eighteen of such employees or former employees.
3
For the purposes of this article —
a
the expressions “relevant trustee”, “shares” and “debentures” have the meanings ascribed to them in paragraph 20(3) and (4) of Schedule 1 to the Act taking the reference in paragraph 20(3) to sub-paragraph (1) of that paragraph to be a reference to paragraph (1) of this article;
b
a body corporate is to be regarded as connected with another body corporate if it would be so regarded for the purposes of paragraph 20 of Schedule 1 to the Act; and
c
a group shall be treated as including any body corporate which is a related company within the meaning of paragraph 92 of Schedule 4 to the 1985 Act of any member of the group or would be such a related company if the member of the group were a company within the meaning of that Act.
Groups
5
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by one body corporate in a group to another body corporate in the same group and for these purposes a group shall be treated as including any body corporate which is a related company within the meaning of paragraph 92 of Schedule 4 to the 1985 Act of any member of the group or would be such a related company if the member of the group were a company within the meaning of that Act.
Joint enterprises
6
1
For the purposes of this article “joint enterprise” has the meaning given in paragraph 31 of Schedule 1 to the Act and the expression “participator” shall be construed in accordance with that paragraph.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a participator or potential participator in a joint enterprise to another participator or potential participator in the same joint enterprise if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information of the kind described in section 57(2) of the Act which is made or given in connection with, or for the purposes of, the joint enterprise.
Sale of goods and supply of services
7
1
For the purposes of this article —
a
the expressions “supplier” and “related sale or supply” shall be construed in accordance with paragraph 19 of Schedule 1 to the Act and the expression “customer” shall also be construed in accordance with that paragraph except that it shall be construed as excluding references to an individual; and
b
a group shall be treated as including any body corporate which is a related company within the meaning of paragraph 92 of Schedule 4 to the 1985 Act of any member of the group or would be such a related company if the member of the group were a company within the meaning of that Act.
2
Subject to paragraph (3) below, section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a supplier or a body corporate in the same group as a supplier to a customer or a body corporate in the same group as a customer if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information of the kind described in section 57(2) of the Act which is made or given for the purposes of or in connection with the supplier selling or offering or agreeing to sell goods to the customer or supplying or offering or agreeing to supply him with services or is given for the purposes of or in connection with a related sale or supply provided that the supplier’s main business is to supply goods or services and not to engage in activities falling within Part II of Schedule 1 to the Act.
3
This article shall not apply to an advertisement which contains an invitation or information with respect to an investment falling within paragraph 6 or 10 of Schedule 1 to the Act or, so far as relevant to either of those paragraphs, paragraph 11 of that Schedule.
Overseas persons
8
1
In this article “overseas person” means a person who does not fall within section 1(3)(a) of the Act.
2
Subject to the provisions of paragraph (3) below, section 57 of the Act shall not apply to an investment advertisement which an overseas person issues or causes to be issued to another person if that other person is either —
a
a person with or for whom the overseas person has, in the course of carrying on investment business, effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the investment advertisement was issued; or
b
a person to whom the overseas person has, in the course of carrying on such business, given advice falling within paragraph 15 of Schedule 1 to the Act within that period.
3
The provisions of paragraph (2) above shall not apply unless either —
a
in a case within paragraph (2)(a) above, the transaction was effected or arranged at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
b
in a case within paragraph (2)(b) above, the advice was given outside the United Kingdom at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
c
in either case, if the transaction was effected or arranged or the advice was given otherwise than in the circumstances described in sub-paragraph (a) or (b) of this paragraph, the overseas person had, on a previous occasion and in the course of carrying on investment business, effected or arranged for the effecting of a transaction with or for the other person in the circumstances described in sub-paragraph (a) of this paragraph or had given the other person advice falling within paragraph 15 of Schedule 1 to the Act in the circumstances described in sub-paragraph (b).
Advertisements issued to persons sufficiently expert to understand the risks involved
9
1
In this article “relevant person” means a person who is not an authorised person and who is not unlawfully carrying on investment business in the United Kingdom.
2
Subject to the provisions of paragraph (4) of this article, section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a relevant person if either —
a
in the case of an advertisement which takes the form of a document, the only persons in the United Kingdom to whom the relevant person issues or causes the advertisement to be issued are persons whom he reasonably believes to be persons of a kind described in paragraph (3) below and, in a case in which a person is described in paragraph (3) below as acting in a particular capacity, the advertisement was issued to that person in that capacity; or
b
in any other case, the relevant person reasonably believes that the means by which the advertisement is issued is such that it will not generally be made available in the United Kingdom except to persons of a kind described in paragraph (3) below and, in a case in which a person is described in paragraph (3) below as acting in a particular capacity, the relevant person intended the advertisement to be received by him in that capacity.
3
A person falls within this paragraph if he is either —
a
an authorised person; or
b
an exempted person; or
c
a person who is acting in the course of a business or employment which involves the dissemination of information concerning investments or activities of the kind described in Part II of Schedule 1 to the Act through newspapers, journals, magazines or other periodical publications or by way of sound broadcasting or television; or
d
a government, local authority or public authority within the meaning of Note 1 to paragraph 3 of Schedule 1 to the Act; or
e
a body corporate or an unincorporated association which either —
i
if it is a body corporate and has more than 20 members or is the subsidiary of a holding company which has more than 20 members, it, or any of its holding companies or subsidiaries, has a called up share capital or net assets of not less than £500,000; or
ii
if it is a body corporate other than one described in sub-paragraph (e)(i) above, it or any of its holding companies or subsidiaries has a called up share capital or net assets of not less than £5 million; or
iii
if it is an unincorporated association, it has net assets of not less than £5 million; or
f
a person who holds a permission granted under paragraph 23 of Schedule 1 to the Act; or
g
a person acting in his capacity as a director, officer or employee of a person of a kind described above in this paragraph being a person whose responsibilities, when acting in that capacity, involve him engaging in activities which fall within Part II of Schedule 1 to the Act or which would fall within that Part were it not for the provisions of Part III of that Schedule.
4
This article does not apply to an investment advertisement which contains an invitation or information of the kind described in section 57(2) of the Act in connection with an offer which is an offer of a kind described in section 14 of the Companies Securities (Insider Dealing) Act 1985 for shares in a body corporate.
5
In paragraph (3) above, the expression “net assets” has the meaning assigned to it in section 264 of the 1985 Act.
Advertisements relating to matters of common interest
10
1
Subject to the provisions of paragraph (2) of this article, section 57 of the Act shall not apply to an investment advertisement which contains an invitation made or information given with respect to shares in or debentures of a private company if the advertisement —
a
states expressly that the only persons who may enter into or offer to enter into any agreement for or with a view to subscribing for shares in or debentures of the company on the basis of any invitation or information contained in the advertisement or any such agreement which might reasonably be expected to be entered into, directly or indirectly, as a result of the advertisement are within an identified group of persons who, at the time the advertisement was issued, might reasonably be regarded as having an existing and common interest with each other and with the company in the affairs of the company and in what is to be done with the proceeds of the offer; and
b
the advertisement complies with the requirements of the Schedule to this Order.
2
For the purposes of paragraph (1) above persons shall not be regarded as having an interest of the kind described in that paragraph if the only reason why they would be so regarded is because —
a
they will have such an interest if they become members or creditors of the company; or
b
they are persons all of whom carry on a particular trade or profession; or
c
they are persons with whom the company has an existing business relationship whether by reason of their being its clients, customers, contractors or suppliers or otherwise.
Advertisements by trustees or personal representatives
11
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a person when acting as a trustee or a personal representative to —
a
a fellow trustee or personal representative if the advertisement is issued for the purposes of the trust or estate; or
b
a beneficiary under the trust, will or intestacy if the advertisement concerns his interest in the trust fund or estate.
Advertisements issued by operators of schemes recognised under section 87 or 88 of the Act
12
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a person who is not an authorised person but who is the operator of a scheme recognised under section 87 or 88 of the Act to persons in the United Kingdom who are participants in a scheme recognised under section 87 or 88 of the Act which is operated by the person by or to whose order the advertisement is issued if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information relating to that recognised scheme or to units in it.
Francis Maude,
Parliamentary Under Secretary of State
Department of Trade and Industry
25th February 1988


text:
1
This Order may be cited as the Customs Duties (ECSC) (Amendment No. 3) Order 1988 and shall come into force on 25th November 1988.
2
Up to and including 31 December 1988, article 6(1) of the Customs Duties (ECSC) Order 1987 (which exempts from duty goods to which that Order applies originating in certain countries) shall not apply to goods which fall within a heading specified in the Schedule hereto and which originate in Yugoslavia.
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (Transitional) Regulations 1988 and shall come into force as follows —
a
regulations 1 and 4, on 5th August 1988;
b
regulations 2 and 3, on 12th September 1988.
2
In these Regulations “the General Regulations ” means the Income Support (General) Regulations 1987 and unless the context otherwise requires the expressions used in these regulations shall have the same meaning as in the General Regulations.
Couples
2
1
This regulation applies where, on 11th September 1988 —
a
the claimant is a member of a couple and has continued after that date to be a member of the same couple; and
b
the claimant is entitled to income support; and
c
the claimant is aged not less than 18; and
d
the other member of that couple is aged less than 18 and had ceased full-time education on or before 11th April 1988.
2
This regulation shall cease to apply where the member of the couple to whom paragraph (1)(d) above refers attains the age of 18.
3
Where this regulation applies —
a
the claimant’s applicable amount for the purpose of determining his entitlement to income support shall be determined as if paragraph 1(3)(c) of Schedule 2 to the General Regulations (applicable amounts) applied and paragraph 1(3)(a), (b), (d), (e) and (f) of that Schedule shall not apply; and
b
regulation 23(4) of the General Regulations (calculation of income and capital) and paragraph 1(3) of Schedule 5 to the General Regulations (applicable amounts of persons in board and lodging accommodation or hostels) shall not apply.
Polygamous marriages
3
1
This regulation applies where, on 11th September 1988 —
a
the claimant is a member of a polygamous marriage and has continued after that date to be a member of that polygamous marriage; and
b
the claimant is entitled to income support; and
c
the claimant is aged not less than 18; and
d
at least one other member of that marriage is aged less than 18 and had ceased full-time education on or before 11th April 1988.
2
This regulation shall cease to apply where the member of the polygamous marriage to whom paragraph (1)(d) above refers has, or if there is more than one such member, those members have, attained the age of 18.
3
Where this regulation applies the claimant’s applicable amount for the purpose of determining his entitlement to income support shall be determined as if regulations 18(2) and 23(5) of the General Regulations (polygamous marriages) did not apply. Review of awards of income support
4
1
This regulation shall apply to a person who will be aged less than 18 on 12th September 1988.
2
Any decision awarding income support to a person to whom this regulation applies may be reviewed under section 104 of the Social Security Act before 12th September 1988 as if —
a
regulations 2 and 3 of these Regulations; and
b
any amendments to the Act and any Regulations made under the Act to come into force not later than 12th September 1988, were already in force.
3
Any decision given on review in accordance with paragraph (2) shall have effect as from 12th September 1988.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
15th July 1988


text:
Title and commencement0
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment No. 4 Order 1988 and shall come into force on 3rd October 1988.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 31st July 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
b
the slaughter of a sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) on or after 3rd October 1988, which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
c
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) or (b) of this article, and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 10th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 31st July 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 27th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 1st August 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
iii
was moved from any place in accordance with such a consent given on or after 3rd October 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark,
and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th September 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) (No. 1) Order 1988 and shall come into force on 12th February 1988.
2
The bodies named in the Schedule to this Order are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
13th January 1988
We consent,
David Lightbown
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st January 1988


text:
Title and commencement
1
These Regulations may be cited as the Butter (EEC Special Sale) (Revocation) Regulations 1988 and shall come into force on 1st January 1989.
Revocation
2
The Butter (EEC Special Sale) Regulations 1986 and the Butter (EEC Special Sale) (Amendment) Regulations 1986 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st December 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office.
30th November 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the for the purposes of through traffic.
4
In this Order: —
i
“the deposited plan” means the plan numbered HA10/2 SWM30 marked “The West of Southampton — Bath Trunk Road A36 (Codford Bypass) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order
iii
“the Trunk Road” means the West of Southampton — Bath Trunk Road (A36).
5
This Order shall come into force on 26th February 1988 and may be cited as the West of Southampton — Bath Trunk Road A36 (Codford Bypass) Order 1988.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
10th February 1988


text:
1
1
These Regulations may be cited as the Finance Act 1986 (Stamp Duty and Stamp Duty Reserve Tax) (Amendment) Regulations 1988 and shall come into force on 29th April 1988.
2
The day specified in these Regulations for the purpose of Regulations under subsection (5) of section 81 of the Finance Act 1986 in accordance with subsection (6) of that section is 29th April 1988.
2
For section 81(3) of the Finance Act 1986 there shall be substituted the following subsection —
3
For the purposes of this section a person is a market maker in stock of a particular kind —
a
if he —
i
holds himself out at all normal times in compliance with the rules of The Stock Exchange as willing to buy and sell stock of that kind at a price specified by him, and
ii
is recognised as doing so by the Council of The Stock Exchange; or
b
if —
i
he is an authorised person under Chapter III of Part I of the Financial Services Act 1986,
ii
he carried out the transaction in the course of his business as a dealer in investments, within the meaning of paragraph 12 of Schedule 1 to the Financial Services Act 1986, as a principal and in circumstances where that paragraph was applicable for the purposes of that Act,
iii
he did not carry out the transaction in the course of any of the activities which fall within paragraph 14 or 16 of Schedule 1 to the Financial Services Act 1986, and
iv
the stock was not at the time the transaction was carried out dealt in on a recognised investment exchange.
.
3
For section 89(3) of the Finance Act 1986 there shall be substituted the following subsection —
3
For the purposes of this section a person is a market maker in securities of a particular kind —
a
if he —
i
holds himself out at all normal times in compliance with the rules of The Stock Exchange as willing to buy and sell securities of that kind at a price specified by him, and
ii
is recognised as doing so by the Council of The Stock Exchange; or
b
if —
i
he is an authorised person under Chapter III of Part I of the Financial Services Act 1986,
ii
he makes the agreement in the course of his business as a dealer in investments, within the meaning of paragraph 12 of Schedule 1 to the Financial Services Act 1986, as a principal and in circumstances where that paragraph is applicable for the purposes of that Act,
iii
he does not make the agreement in the course of any activities which fall within paragraph 14 or 16 of Schedule 1 to the Financial Services Act 1986, and
iv
the securities are not at the time the agreement is made dealt in on a recognised investment exchange within the meaning of the Financial Services Act 1986.
.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1988


text:
Citation
1
This Order may be cited as the Port of Heysham (Pilotage) Harbour RevisionOrder 1988.
Interpretation
2
In this Order —
“the Authority” means Sealink Harbours Limited;
“the port” means the Port of Heysham as described in section 46 of the North Western Railways Act 1852 ;
“the signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Authority situated at Sea Containers House, 20 Upper Ground, London SE1 9PF.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Authority shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the port), the area shaded pink on the signed plan, being a channel with boundaries as follows:
On the North West Side
From position 54° 00'.40 North02° 57'.60 West through 53° 59'.00 North03° 01'.20 West through 53° 57'.30 North03° 05'.60 West to 53° 55'.80 North03° 11'.00 West On the South East Side From position 54° 00'.30 North02° 57'.10 West through 53° 57'.00 North03° 04'.40 West to 53° 55'.50 North03° 08'.90 West
Paul Channon
Secretary of State for Transport
22nd September 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Asbestos (Prohibitions) (Amendment) Regulations 1988 and shall come into force on 11th May 1988.
2
In these Regulations “the principal Regulations ” means the Asbestos (Prohibitions) Regulations 1985 .
Amendments to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 6, renumber regulation 6 of the principal Regulations as “6. — (1)” and insert the following new paragraph as paragraph (2) —
2
No person shall supply any paint or other composition which is intended to be used for asbestos spraying.
3
After regulation 7, insert the following new regulation as regulation 7A —
Prohibition of the supply and application of any paint or varnish containing asbestos for use at work
7A
1
No person shall supply as a substance for use at work or undertake to apply any paint or varnish which contains asbestos.
2
Paragraph (1) of this regulation shall not apply to the supply of any bituminous composition containing less than 10 per cent by weight of asbestos which is intended to be applied by spraying to motor vehicles for the purpose of undersealing or to the application of any such product when so used.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
8th April 1988


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Importation of Milk Regulations 1988 and shall come into force on 16th November 1988.
2
These Regulations extend to England and Wales.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“authorised officer” means an officer of any port health authority (or relevant local authority) which is approved for the time being for the purposes of these Regulations by the Minister , or any person authorised by the Minister to act for the purposes of these Regulations;
“bulk milk” means milk other than specified drinking milk or cream;
“consignment” means the total quantity of milk to which a single certificate, as described in regulation 4(1)(d), relates;
“ Council Directive ” means Council Directive 85/397/ EEC on health and animal health problems affecting intra-Community trade in heat-treated milk;
“cream” has the meaning given to it in the Milk and Dairies (Heat Treatment of Cream) Regulations 1983 ;
“designated place” means any place designated by an authorised officer;
“drinking milk”, “semi-skimmed milk”, “skimmed milk” and “standardised whole milk” have the meanings respectively given to them by Council Regulation (EEC) No. 1411/71 laying down additional rules on the common organisation of the market in milk and milk products for products falling within tariff headingNo. 04.01;
“export” means remove to a place outside the United Kingdom;
“guideline figure” means the guideline figure as to fat content of standardised whole milk fixed by the Council of the European Economic Community in accordance with Article 3.7 of Council Regulation (EEC) No. 1411/71 in respect of the United Kingdom for each milk year;
“human consumption”, except for the purposes of regulation 3(2), includes the preparation of food for human consumption;
“importer”, in relation to imported milk, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the milk or in any way entitled to the custody or control of it, and “import” shall be construed accordingly;
“milk” means cows' milk and includes cream and separated milk but not dried or condensed milk;
“milk-based drink” has the meaning given to it in the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983 ;
“milk year” means the year or other period for milk and milk products specified by the Council of the European Economic Community in Article 2 of Council Regulation (EEC) No. 804/68 on the common organisation of the market in milk and milk products or otherwise ;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“officer of Customs and Excise” includes any person acting under the authority of the Commissioners of Customs and Excise;
“place of entry” means a port, aerodrome or other place of entry;
“port health authority” and “port health district” have the meanings respectively given to them in Part I of the Public Health (Control of Disease) Act 1984 ;
“pre-packaged milk” means specified drinking milk and any other milk ready for delivery to the ultimate consumer;
“relevant local authority” means the council of any district or London borough or the Common Council of the City of London;
“separated” in relation to milk, includes skimmed;
“specified drinking milk” means the following categories of drinking milk: —
semi-skimmed milk,
skimmed milk,
standardised whole milk having a fat content of not less than the guideline figure fixed for the milk year during which such standardised whole milk is imported into England and Wales;
“the 1986 Regulations ” means the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1986 ;
“ultimate consumer” means any person who buys milk otherwise than for the purposes of resale or use in the manufacture of milk products for sale;
“working day” means a day which is not a public holiday, Saturday or Sunday.
2
For the purposes of these Regulations (other than the definitions of specified drinking milk and bulk milk), milk-based drink, but no other food containing milk shall be deemed to be milk.
3
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Prohibition on importation
3
1
Subject to regulation 4, no person shall import into England and Wales milk intended by him for human consumption.
2
For the purposes of these Regulations milk imported into England and Wales shall be presumed, until the contrary is proved, to be intended by the importer for human consumption.
Exceptions to prohibition on importation
4
1
The prohibition on importation in regulation 3 shall not apply in respect of milk imported into England and Wales which —
a
is specified drinking milk, cream, milk-based drink or bulk milk,
b
has been pasteurised, sterilised or heat treated by the ultra high temperature method as specified in Schedule 1,
c
has been produced in, and is imported from, a Member State of the European Economic Community,
d
is accompanied by, and complies with, such certificate as the Minister may from time to time require by notice published in the London Gazette in relation to milk in general or milk of such description as may be specified in the notice,
e
is neither milk which is unfit for human consumption nor milk which has been rendered injurious to human health by addition of any substance as an ingredient, by abstraction of any constituent or by subjection to any other process or treatment,
f
is imported through an authorised place of entry, and
g
i
in the case of pasteurised milk, is imported as pre-packaged milk or in a tanker which has been sealed by means of a watertight closure,
ii
in the case of sterilised milk, is imported in the hermetically sealed container in which it was sterilised,
iii
in the case of milk which has been heat-treated by the ultra high temperature method, is imported in the opaque containers in which it was packaged aseptically immediately after heat-treatment.
2
In determining for the purposes of this regulation whether particular milk is injurious to human health, regard shall be had not only to the probable effect of that particular milk on the health of a person consuming it, but also to the probable cumulative effect of milk of substantially the same composition on the health of a person consuming such milk in ordinary quantities.
Authorised places of entry
5
1
The Minister may by notice published in the London Gazette designate a place of entry as an authorised place of entry either —
a
generally or
b
specially, in relation to a description of milk specified in the notice.
2
The Minister may also, by authorisation in writing, designate a place of entry as an authorised place of entry for a consignment of milk specified in the authorisation.
Importation procedure
6
1
No person shall import any milk into England and Wales except in accordance with the procedure set out in Schedule 2.
2
If any person imports any milk into England and Wales otherwise than in accordance with the procedure set out in Schedule 2, an authorised officer may cause that milk to be destroyed or disposed of by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom.
Application of other enactments relating to imported milk
7
In relation to imported milk, the provisions referred to in Schedule 3 shall be applied, disapplied or modified (as the case may be) in the manner prescribed in that Schedule.
Powers of authorised officers
8
1
The powers under these Regulations of an authorised officer who is an officer of a port health authority shall be exercisable only in relation to milk which is imported into England and Wales by entry into the port health district of which that authority is the port health authority, or milk which is or has been in that port health district.
2
The powers under these Regulations of an authorised officer who is an officer of a relevant local authority shall be exercisable only in relation to milk which is imported into England and Wales by entry into such part of the area of that relevant local authority as is not within a port health district, or milk which is or has been in that part of that area.
3
An authorised officer may, on production if so required of his authority, enter and remain on any premises (other than domestic premises) upon which he reasonably believes imported milk to be situated, at all reasonable hours for any purpose connected with the execution of these Regulations.
Duties of authorised officers
9
1
In carrying out any examination under paragraph 2 or 3 of Schedule 2, the authorised officer shall take all reasonable steps —
a
to ensure that the transport of the consignment and its placing on the market is not unduly delayed, and
b
to avoid causing any delays that might adversely affect the quality of the milk in the consignment.
2
Where notice is given to an importer under paragraph 3(2) of Schedule 2 requiring the destruction or disposal of a consignment, the authorised officer shall make an endorsement on the certificate accompanying the consignment as required by regulation 4(1)(d), so as to indicate clearly the requirement under the notice.
3
An endorsement made under paragraph (2) above may at any time be deleted or amended by an authorised officer and it shall be so deleted if the notice is rescinded, under paragraph 4(8)(b) of Schedule 2, or if a magistrates' court makes an order under paragraph 5(b) of Schedule 2 that the notice shall no longer have effect.
4
Where notice is given to an importer of specified drinking milk or bulk milk under paragraph 2(2) or 3(2) of Schedule 2 as a result of a finding of any matter referred to in Article 7(5)(b) of the Council Directive (diagnosis of a contagious or infectious disease, or a deterioration dangerous to human or animal health, or a serious infringement of the Council Directive), the authorised officer shall immediately notify the Minister of such finding.
Offences
10
1
Any person who —
a
imports milk in contravention of any requirement imposed by or under these Regulations,
b
where milk is required by or under these Regulations to be dealt with by him, does not deal with that milk in accordance with that requirement, or
c
in connection with the importation of milk, makes a statement or uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000.
2
In any proceedings for an offence under these Regulations where that offence comprises the importation of milk which is unfit for human consumption, it shall be a defence for the defendant to prove that at the time when he imported the milk he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption.
3
A prosecution may be brought under this regulation notwithstanding that action may have been or may remain to be taken, in relation to the milk to which the prosecution relates, under regulation 6(2) or Schedule 2.
Revocation
11
The Importation of Milk Regulations 1983 and the Importation of Milk (Amendment) Regulations 1985 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
14th October 1988


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”), and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of a new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The length of trunk road described in Schedule 3 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 Councils of Suffolk and Cambridgeshire that the new trunk roads are open for through traffic.
5
The Order of 1969 is hereby revoked.
6
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 the 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 HA10/2E/289, marked “The A11 Trunk Road (Red Lodge Bypass and Slip Roads) 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 newtrunk road”and “the slip roads”
have the meanings given in article 1 of this Order;
iv
“the new trunkroads”
means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
v
“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;
vi
“the Trunk Road”
means the A11 Trunk Road;
vii
“the Side RoadsOrder”
means the A11 Trunk Road (Red Lodge Bypass Side Roads) Order 1989; and
viii
“the Order of 1969”
means the London–Norwich Trunk Road (Red Lodge, Freckenham Bypass) Order 1969 .
7
This Order shall come into force on 14th December 1989 and may be cited as the A11 Trunk Road (Red Lodge Bypass and Slip Roads) Order 1989.
Signed by authority of the Secretary of State
Peter Emms
Regional Director Eastern Region
Department of Transport
20th November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989 and shall come into force on 1st May 1989.
Interpretation
2
In these Regulations–
“ the Act ” means the Local Government Finance Act 1988;
“the 1967 Act ” means the General Rate Act 1967;
“the transfer date” means 1st May 1989;
“tribunal” means a valuation and community charge tribunal established by regulations under Schedule 11 to the Act.
Transfer of jurisdiction
3
1
On and after the transfer date, tribunals shall (in addition to the jurisdiction conferred on them by section 23 of the Act) exercise the jurisdiction conferred on local valuation courts by–
a
sections 73(2)(b), 74(3), 75 and 83(6) of the 1967 Act ;
b
section 2(5B) and paragraph 11(2) of Schedule 1 to the Rating (Disabled Persons) Act 1978 ;
c
regulation 6 of the Mixed Hereditaments (Certificate) Regulations 1967 ;
d
section 78 of the Land Drainage Act 1976 ; and on that date the local valuation courts shall be wound up.
2
The jurisdiction transferred by paragraph (1) shall be exercised as regards appeals or applications instituted or made before, as well as those instituted or made on or after, the transfer date.
Transitional provisions
4
1
This regulation applies to any appeal or application instituted or made under any of the provisions mentioned in regulation 3(1).
2
Any appeal or application which was instituted before the transfer date shall be continued as an appeal to the valuation and community charge tribunal established for the area for which was constituted the local valuation panel from among whose members the local valuation court to hear and determine the appeal fell to be convened.
3
In relation to any appeal or, as the case may be, application made under a provision mentioned in paragraph (1)(a) to (c) of regulation 3 which is instituted on or after the transfer date, subject to the provisions mentioned in paragraph (4) the tribunal which is to hear and determine the appeal or application shall be the tribunal established for the area in which the hereditament is situated.
4
The provisions referred to in paragraph (3) (which are saved by regulation 6(4)) are–
a
regulation 3 (which deals with extensive undertakings) of the Rating Appeals (Local Valuation Courts) Regulations 1956 ; and
b
regulation 3 (which deals with contiguous and neighbouring hereditaments) of the Local Valuation Panels (Jurisdiction) Regulations 1967 .
5
In relation to any appeal under section 78 of the Land Drainage Act 1976 which is instituted on or after the transfer date, the tribunal which is to hear and determine the appeal shall be determined in accordance with section 78 of the Land Drainage Act 1976 and the Drainage Rates (Appeals) Regulations 1970 (which are saved by regulation 6(4)), in each case as amended as provided by regulation 6.
5
Schedule 1 shall have effect to provide for continuity of employment in respect of the employees of local valuation panels.
Consequential and supplementary amendments, savings and repeals
6
1
The enactments and instruments mentioned in Schedule 2 shall on the transfer date be amended as provided in that Schedule.
2
Notwithstanding section 117(1) of and Part I of Schedule 13 to the Act, the 1967 Act shall continue to have effect on and after 1st April 1990 in respect of appeals and applications under the enactments referred to in regulation 3(1) instituted before that date.
3
But sections 88(1) to (4), sections 89 to 92 and 94 of the 1967 Act, section 79(8) of the Land Drainage Act 1976 and regulation 4(3) of the Rating Appeals (Local Valuation Courts) Regulations 1956 shall not have effect on and after the transfer date.
4
Nothing in section 117(1) of the Act or in this regulation shall affect the Rating Appeals (Local Valuation Courts) Regulations 1956, the Local Valuation Panels (Jurisdiction) Regulations 1967 and the Drainage Rates (Appeals) Regulations 1970 (in each case as amended by Schedule 2) as they apply in respect of appeals and applications to which regulation 4 applies.
Nicholas Ridley
Secretary of State for the Environment
9th March 1989
Peter Walker
Secretary of State for Wales
12th March 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA/10/1/CNW/227 marked “The A523 Trunk Road (Hazel Grove Diversion) 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 new trunk road”
means the highway mentioned in article 1 of this Order.
4
This Order shall come into force on 22nd September 1989 and may be cited as the A523 Trunk Road (Hazel Grove Diversion) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
25th August 1989


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
Amendment
2
For Schedule 1 to the Seeds (National Lists of Varieties) Regulations 1982 (kinds of plant varieties in National Lists) there shall be substituted the provisions of the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
25th July 1989
Peter Walker
Secretary of State for Wales
26th July 1989
Tom King
Secretary of State for Northern Ireland
25th July 1989


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No.3) Amendment No.2 Order 1989 and shall come into force on 23rd November 1989.
Amendment of the principal Order
2
The principal Order shall be further amended in accordance with Articles 3 and 4 of this Order.
3
After Article 6 thereof there shall be inserted the following Article–
Application of Order in relation to sheep and goats and certain things derived therefrom
6A
1
The provisions of Articles 4 to 6 of this Order shall have effect as regards the farms, holdings and agricultural and other premises described in Part II of the Schedule to this Order by substituting for the word “cattle” wherever it occurs in those articles the words “, sheep or goats”.
2
Where any farms, holdings or agricultural or other premises are described in both Part I and Part II of the Schedule to this Order, Articles 4 to 6 and 6A (1) of this Order shall apply in relation to them.
4
In the Schedule thereto (the designated area)–
a
there shall be inserted after the heading “THE DESIGNATED AREA” the following words–
PART I
APPLICATION OF CONTROLS IN RELATION TO CATTLE AND CERTAIN THINGS DERIVED THEREFROM
b
there shall be omitted from Part I the areas described in Schedule 1 to this Order;
c
there shall be inserted in Part I at the end the further areas described in Schedule 2 to this Order;
d
there shall be inserted at the end as Part II of the Schedule to the principal Order Schedule 3 to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd November 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
1
The lengths of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Council of Northamptonshire that the new trunk road is open for through traffic.
2
In this Order–
1
All measurements of distance 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 folio numbered HA10/2E/274 marked “the A6 London–Inverness Trunk Road (Barton Seagrave to West of Kettering) Detrunking Order 1989” containing a key plan and one plan marked “Scheme Plan” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the Kettering Southern Bypass to be provided by the Secretary of State in pursuance of the A6 London–Inverness Trunk Road (Kettering Southern Bypass) Order 1987 along the route prescribed by Schedule 1 to that Order.
iv
“the trunk road”
means the London–Inverness Trunk Road (A6).
3
This Order shall come into force on 10th August 1989 and may be cited as the A6 London–Inverness Trunk Road (Barton Seagrave to West of Kettering) Detrunking Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
28th June 1989


text:
1
This Order may be cited as the Combined Probation Areas (Warwickshire) Order 1989 and shall come into force on 1st December 1989.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Warwickshire Probation Committee shall be amended by substituting in column 3–
a
“4” for “3” in the entry in respect of the petty sessional division of Nuneaton;
b
“3” for “2” in the entry in respect of the petty sessional division of Rugby; and
c
“3” for “5” in the entry in respect of the petty sessional division of South Warwickshire.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
30th November 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Ratepayers (Consultation) Regulations 1989, and shall come into force on 28th December 1989.
2
In these Regulations–
“the 1988 Act ” means the Local Government Finance Act 1988;
“relevant year” means the financial year to which the consultation relates;
“the current year” means the year preceding the relevant year; and
“the preceding year” means the financial year preceding the current year.
Prescribed information
2
1
The information referred to in paragraphs (2) to (5) below is prescribed as the information to be made available by an authority to persons or bodies it proposes to consult under section 134 of the Act.
2
In the case of consultation about proposals for expenditure in the financial year beginning 1st April 1990, the information is–
a
the authority’s total expenditure for the financial year beginning in 1989 as estimated for the purpose of section 2 or, as the case may be, section 11 of the General Rate Act 1967 , and
b
the information mentioned in paragraph (4) below.
3
In the case of consultation about proposals for expenditure in the financial year beginning 1st April 1991, and in each subsequent financial year, the information is–
a
the authority’s estimate of the aggregate of the items mentioned in section 68(4) or, as the case may be, section 95(2) of the 1988 Act for the current year,
b
a statement of the amount of any substitute precept or substitute calculation of the aggregate of the items mentioned in section 95(2) of the 1988 Act made for the current year under sections 71 or, as the case may be, section 96 of the 1988 Act, and
c
the information mentioned in paragraph (4) below.
4
The information referred to in paragraphs (2)(b) and (3)(c) above is a statement of the authority’s proposals for, and commitments in relation to, expenditure (distinguishing between reserve expenditure and capital expenditure) in the relevant year for each of the classes of service mentioned in paragraph (5) below, including–
i
a statement of the extent, if any, to which it is proposed that expenditure for each such class of service should change, after allowing for inflation, compared with the current year;
ii
a statement of the reason for any significant change, after allowing for inflation, in the level of expenditure for each such class of service;
iii
a statement of the implications of any significant change, after allowing for inflation, in the level of expenditure proposed on the quality of each such class of service;
iv
the authority’s current estimate of its total revenue expenditure for the current year;
v
the authority’s current estimate of its total capital expenditure for the current year.
5
The classes of service referred to in paragraph (4) above are–
i
education;
ii
personal social services;
iii
highways;
iv
police;
v
fire;
vi
planning and economic development;
vii
recreation and tourism;
viii
environmental health;
ix
refuse collection and disposal;
x
other services.
Prescribed time etc. for making prescribed information available
3
An authority shall make prescribed information which is in its possession or control available to persons or bodies it proposes to consult under section 134 of the 1988 Act by sending it to those persons and bodies; and the time at which that information shall be sent is–
a
where it relates to proposals for expenditure in the financial year beginning 1st April 1990, as soon as practicable in the current year, and
b
where it relates to proposals for expenditure in a subsequent financial year as soon as practicable, and in any event not later than–
i
in the case of a precepting authority, 15th February in the current year and
ii
in the case of a charging authority, 25th February in the current year.
Chris Patten
Secretary of State for the Environment
6th December 1989
Peter Walker
Secretary of State for Wales
5th December 1989


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1989 and shall come into force on 1st April 1989.
2
The Insurance (Fees) Regulations 1988 are hereby revoked.
3
In these Regulations:–
“ the Act ” means the Insurance Companies Act 1982;
“gross premiums receivable” means:–
where an insurance company carries on either long term business or general business but not both, the gross amount of premiums receivable in respect of its global business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amount is not required to be included, the amount which would otherwise have been required to be so included;
where an insurance company carries on both long term business and general business, the sum of the gross amounts of premiums receivable in respect of its global long term business and global general business respectively required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
“group” means a body corporate together with:–
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above.
“wholly-owned subsidiary” has the meaning given to it by section 736(5) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom,.
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate:–
Gross premiums receivable Fee
Over £50,000 up to and including £250,000 £250 Over £250,000 up to and including £500,000 £540 Over £500,000 up to and including £750,000 £810 Over £750,000 up to and including £1,000,000 £1,080 Over £1,000,000 up to and including £1,500,000 £3,240 Over £1,500,000 £6,500
5
These Regulations do not apply in the case of an insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £50,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £45,500 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £45,500.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act, if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act–
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance;
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 , or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Secretary of State a fee of £32,500.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with:–
a
sections 11 to 13, Part II, sections 75 and 78 and Part IV of the Act, including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
proposals for United Kingdom and European Communities legislation.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
2nd March 1989


text:
1
These Regulations may be cited as the Copyright (Customs) Regulations 1989 and shall come into force on 1st August 1989.
2
1
Notice given under section 111(1) of the Copyright, Designs and Patents Act 1988 shall be in the form set out in Schedule 1 or a form to the like effect approved by the Commissioners; and a separate notice shall be given in respect of each work.
2
Notice given under section 111(3) of that Act shall be in the form set out in Schedule 2 or a form to the like effect approved by the Commissioners; and a separate notice shall be given in respect of each work and in respect of each expected importation into the United Kingdom.
3
In regulations 3 to 9“notice” means a notice given under either of those sub-sections.
3
The notice shall contain full particulars of the matters specified therein and shall contain a declaration by the signatory that the information given by him in the notice is true.
4
A fee of £30 (plus value added tax) in respect of the notice shall be paid to the Commissioners at the time it is given.
5
The person giving the notice shall furnish to the Commissioners a copy of the work specified in the notice at the time the notice is given and at that time or at the time the goods to which the notice relates are imported shall furnish to them such evidence as they may reasonably require to establish —
a
his ownership of the copyright in such work;
b
that goods detained are infringing copies; or
c
that a person who has signed the notice as agent is duly authorised.
6
The person giving the notice shall give security or further security within such time and in such manner, whether by bond or by deposit of a sum of money, as the Commissioners may require, in respect of any liability or expense which they may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained.
7
In every case, whether any security or further security is given or not, the person who has given the notice shall keep the Commissioners indemnified against all such liability and expense as it mentioned in regulation 6.
8
The person giving the notice shall notify the Commissioners in writing of any change in the ownership of the copyright in the work specified in the notice or other change affecting the notice within fourteen days of such change.
9
The notice shall be deemed to have been withdrawn–
a
as from the expiry of fourteen days from any change in ownership of the copyright specified in the notice, whether notified to the Commissioners in accordance with regulation 8 or not; or
b
if the person giving the notice has failed to comply with any requirement of these Regulations.
10
The Copyright (Customs) Regulations 1957 and the Copyright (Customs) (Amendment) Regulations 1982 are revoked.
Philip Nash
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground,
London SE1 9PJ
10th July 1989


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 1989.
2
The following securities are hereby specified for the purposes of Schedule 2 to the Capital Gains Tax Act 1979–
12¼% Exchequer Stock 1985“A”
8 % Treasury Stock 1991
8¼% Treasury Stock 1993
8½% Treasury Stock 1994
8½% Treasury Stock 1994“A”
2 % Index-linked Treasury Stock 1994
8¾% Treasury Loan 1997“C”
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 1989


text:
1
1
These Regulations may be cited as the Pensions Increase (Local Authorities' etc. Pensions) (Amendment) Regulations 1989, and shall come into force on 1st April 1989.
2
In these Regulations “the 1974 Regulations ” means the Pensions Increase (Local Authorities' etc. Pensions) Regulations 1974 .
2
In regulation 4(2) of the 1974 Regulations, for the words “paragraph 7”, there shall be substituted the words “paragraph 7 or 8”.
3
In regulation 5 of the 1974 Regulations there shall be added the following paragraph–
c
where the pension is a pension specified in paragraph 8 of that Schedule, in which case any such increase shall take effect from 1st April 1989.
.
4
In the Schedule to the 1974 Regulations there shall be added the following paragraph–
8
A pension payable by Scottish Homes out of a superannuation fund established and administered under the Local Government Superannuation (Scotland) Regulation 1987 .
.
Alan Howarth
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
Interpretation
2
In these Regulations the “ principal Regulations ” means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 .
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4(6)(a)–
a
for the word “if” there shall be substituted the words “in cases where”;
b
after the word “dependant” in sub-paragraph (i) there shall be inserted the words “by reason of the deceased’s death as a result of the disease”.
3
The following sub-paragraph shall be substituted for sub-paragraph (ii) of regulation 5(1)(a):–
ii
where disablement benefit in respect of a disease was not payable to the deceased immediately before he died death benefit is payable to or in respect of the said dependant by reason of the deceased’s death as a result of the disease, or
4
a
the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
b
the amount of £1,364 shall be substituted for the amount of £1,263 in regulations 5(1) and 8 of those Regulations, and the amount of £2,822 shall be substituted for the amount of £2,613 in regulation 6(1) of those Regulations,
in any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after the date upon which these Regulations come into force.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
22nd March 1989


text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration Rules 1989 and shall come into force on 1st June 1989.
2
In these rules:
a
“the principal rules” means the Land Registration Rules 1925 ;
b
a rule referred to by number means the rule so numbered in the principal rules.
Licensed conveyancers
2
In rule 1 the following paragraph shall be inserted after paragraph (5B):
5C
Except for the purpose of rule 300 any reference in these rules to a solicitor shall be construed as including a reference to a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 and any reference to a person’s solicitor shall be construed as including a reference to a licensed conveyancer acting for that person.
.
New rule 29
3
The following rule shall be substituted for rule 29:
Certificate by a solicitor as to title on first registration
29
On an application for first registration following a sale of freehold or leasehold land or the grant of a lease where the land comprises only a single house or flat, including any yard, garden or outhouse belonging thereto the Registrar may, if he thinks fit, register a title as absolute or good leasehold on production of a certificate by a solicitor at the expense of the applicant, to the effect that:
a
he acted for the applicant on the purchase or the grant of the lease which induced the registration;
b
he investigated, or caused to be investigated, the title in the usual way on the applicant’s behalf and made, or caused to be made, all necessary searches;
c
he believes that the applicant is, and has been since the date of the acquisition, in undisputed possession of the land or in receipt of the rents and profits thereof;
d
he is not aware of any question or doubt affecting the applicant’s title or of any claim to the land adverse to the interest of the applicant;
e
the applicant has not entered into any arrangement or created any incumbrance requiring entry on the register except as may be stated in the certificate; and
f
he is not aware of any other matters affecting the applicant’s title except as may be referred to in the assurance to the applicant or stated in the certificate.
Amendment to rule 288
4
In paragraph (1) of rule 288 there shall be substituted for the words “as hereby defined” the words “within the meaning hereof”.
New rule 313
5
The following rule shall be substituted for Rule 313:
Notice to be deemed to be received within seven days
313
1
Every notice sent through the post shall, unless returned by the Post Office, be deemed to have been received by the person addressed seven days after its issue exclusive of the day of posting, and the time fixed by the notice for taking any step thereunder is to be calculated accordingly.
2
Each such notice shall contain either a copy of paragraph (1) of this rule or an explanation of its effect.
Amendment to Form 62
6
Form 62 in the Schedule to these rules shall be substituted for Form 62 in the Schedule to the principal rules.
Revocations
7
Rules 30 and 265 are hereby revoked.
Mackay of Clashfern, C.
Dated 6th April 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
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 become a classified road as from the date on which the Secretary of State notifies the County Council of Gwynedd that the new trunk road is open for through traffic.
4
In this Order:–
i
“the deposited plan”means the plan numbered HA 10/2 WO 68 marked “The Fishguard–Bangor Trunk Road A487 (Port Dinorwic By-Pass) Order 1989”, signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road”means the highway mentioned in article 1 of this Order;
5
This Order shall come into force on 24th November 1989, and may be cited as the Fishguard-Bangor Trunk Road A487 (Port Dinorwic By-Pass) Order 1989.
Signed by authority of the Secretary of State for Wales
H.R. Bollington
An Assistant Secretary Welsh Office
25th October 1989


text:
1
This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 2) Order 1989 and shall come into force on 29th September 1989.
2
The Town and Country Planning General Development Order 1988 is hereby amended as follows —
1
In article 1 (2) (interpretation) in the definition of “statutory undertaker” after “Gas Act 1986” there shall be inserted “and the National Rivers Authority and any water undertaker”.
2
In article 18(1) (consultations before the grant of permission) in paragraphs (j) and (o) to (s) for “The water authority concerned” there shall be substituted “The National Rivers Authority”.
3
In Schedule 2, Part 14 (development by drainage bodies) in paragraph A.1 for the words “which is not a water authority” there shall be substituted “other than the National Rivers Authority”.
4
In Schedule 2, Part 15 (development by water authorities) —
a
for the heading “DEVELOPMENT BY WATER AUTHORITIES” there shall be substituted “DEVELOPMENT BY THE NATIONAL RIVERS AUTHORITY”;
b
in paragraph A for “a water authority” there shall be substituted “the National Rivers Authority”;
c
paragraphs A(a), “the supply of water or for” and “or for the conveyance of water treatment sludge” in paragraph A(b), and paragraph A(f) shall be deleted.
5
In Schedule 2, Part 16 (development for sewerage and sewage disposal) —
a
for the heading “DEVELOPMENT FOR SEWERAGE AND SEWAGE DISPOSAL” there shall be substituted “DEVELOPMENT BY OR ON BEHALF OF SEWERAGE UNDERTAKERS”;
b
in paragraph A for “on behalf of a water authority” there shall be substituted “by or on behalf of a sewerage undertaker”;
c
paragraph A.1 shall be deleted.
3
For the purpose of article 18(1) of the Town and Country Planning General Development Order 1988 as amended by article 2(2), consultations with the water authority concerned under article 18(1) of the 1988 Order before the date when this Order comes into force shall be treated as consultations with the National Rivers Authority.
David Trippier
Minister of State,
Department of the Environment
31st August 1989
Peter Walker
Secretary of State for Wales
2nd September 1989


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 8) Order 1989.
2
1
Subject to paragraph (2) below, the provisions of the Criminal Justice Act 1988 specified in the Schedule to this Order shall come into force on 31st July 1989.
2
The amendment in Schedule 15 to that Act of section 3(1) of the Juries Act 1974 (electoral register as basis of jury selection) shall not have effect in relation to any register of electors or any part of any such register required to be used for elections in the twelve months ending on 15th February 1990.
3
Section 119 of the Criminal Justice Act 1988 (persons aged between 65 and 70 to be eligible as jurors) shall come into force on 15th February 1990.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
27th June 1989


text:
1
These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 1989 and shall come into force on 1st June 1989.
2
In regulation 2(1) of the National Police Records (Recordable Offences) Regulations 1985 there shall be substituted for the words following“telecommunications system);” the following provisions:
c
section 29 of the Road Traffic Act 1972 (penalisation of tampering with vehicles);
d
section 1 of the Malicious Communications Act 1988 (offence of sending letters etc. with intent to cause distress or anxiety); and
e
section 139(1) of the Criminal Justice Act 1988 (offence of having article with blade or point in public place).
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
20th April 1989


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) (No. 2) Regulations 1989 and shall come into force on 31st October 1989.
Amendment of the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) Regulations 1989
2
Regulation 2 of the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions (Amendment) Regulations 1989 (which provides in paragraph (2) that certain provisions relating to delayed claims are to cease to have effect) shall be amended by the deletion of paragraph (2) from that regulation.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
31st October 1989


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989 and shall come into force on 14th February 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires –
“ the Act ” means the National Health Service Act 1977;
“Committee” means a Family Practitioner Committee;
“District Authority” means a District Health Authority;
“Regional Authority” means a Regional Health Authority;
“relevant Regional Authority” in relation to any District Authority means the Regional Authority of which the region includes the district of that District Authority;
“Scheduled functions” means the functions referred to in regulation 3.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
PART II
DIRECTIONS TO REGIONAL AUTHORITIES
Functions exercisable by Regional Authorities
3
Subject to the provisions of regulation 4, a Regional Authority as respects its region and anywhere outside its region as the Secretary of State may direct shall exercise on behalf of the Secretary of State his functions relating to the health service under the enactments specified in column 1 of Schedule 1 to these Regulations (the subject matter of the relevant function being indicated in column 2 of that Schedule) including functions under any regulations made under any of those enactments.
Restriction on the exercise of functions by Regional Authorities
4
1
The exercise by a Regional Authority of Scheduled functions is subject to such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State.
2
Nothing in these Regulations is to be taken as giving directions for the exercise of any function conferred on or vested in the Secretary of State with respect to the making of any Order or Regulations.
3
Nothing in these Regulations enables a Regional Authority to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to –
a
the compulsory acquisition of land; or
b
land or other property in the circumstances referred to in regulation 11(3)(a)
or to give directions to a District Authority which would empower a District Authority to exercise those functions.
4
The power of the Secretary of State under Section 2 of the Act is exercisable by a Regional Authority only to such extent as is necessary for the proper exercise, in relation to its region or anywhere outside its region as the Secretary of State has directed, of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.
5
Where, in the exercise of Scheduled functions, arrangements are made with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.
6
Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 as having special experience in the diagnosis and treatment of mental disorder shall be given only –
a
after the carrying out of such consultations, and obtaining of such advice, as the Secretary of State shall direct;
b
for such period as the Secretary of State shall direct.
7
The exercise of the Secretary of State’s function under section 3(1)(c) of the Act with respect to the provision of ambulance services is subject to obtaining his approval to the proposed arrangements for such exercise.
8
The use of accommodation or facilities for the purpose of providing services to private patients shall be permitted under section 72 of the Act only on such conditions as the Secretary of State may from time to time approve.
9
In the exercise of the Secretary of State’s Scheduled functions under section 25 of the Act, such charges shall be made with respect to the supplies of human blood as are determined by the Secretary of State.
PART III
DIRECTIONS TO DISTRICT AUTHORITIES
Functions to be made exercisable by District Authorities in England
5
1
Subject to the provisions of regulation 6, every Regional Authority shall secure, by a direction given by an instrument in writing, that each District Authority of which the district is included in its region shall exercise the functions to which this paragraph applies as respects its district, and anywhere outside its district as the Secretary of State or the relevant Regional Authority may direct.
2
Paragraph (1) applies to Scheduled functions except functions under –
a
section 19(1) and (2) of and paragraphs 1, 2 and 3 of Schedule 6 to the Act (recognition of advisory committees);
b
section 25 of the Act (supplies of human blood);
c
section 12(2) of the Mental Health Act 1983 (approval of medical specialists).
3
Each Regional Authority shall secure that no directions are given to any District Authority directing it to exercise any function under the enactments specified in paragraph (2)(a), (b) or (c).
Restriction on exercise of functions by District Authorities in England
6
1
The exercise by a District Authority in England of functions to which regulation 5(1) applies is subject to such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State or, subject to any such directions, by the relevant Regional Authority.
2
The exercise by a District Authority in England of functions to which regulation 5(1) applies is subject to the provisions of regulation 4(2), (5), (7), and (8).
3
The power of the Secretary of State under Section 2 of the Act is exercisable by a District Authority in England only to such extent as is necessary for the proper exercise, in relation to its district, and anywhere outside its district as the Secretary of State or the relevant Regional Authority has directed, of one or more other functions which the relevant Regional Authority has directed to be exercisable by that District Authority.
Functions exercisable by District Authorities in Wales
7
Subject to the provisions of regulation 8, a District Authority in Wales, as respects its district and anywhere outside its district as the Secretary of State may direct, shall exercise on behalf of the Secretary of State Scheduled functions except those under sections 19(1) and (2) of and paragraphs 1, 2 and 3 of Schedule 6 to the Act (recognition of advisory committees).
Restrictions on exercise of functions by District Authorities in Wales
8
1
The exercise by a District Authority in Wales of Scheduled functions is subject to the provisions of regulation 4(2), (5), (6), (7), (8) and (9) and such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State.
2
Nothing in these Regulations enables a District Authority in Wales to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to –
a
the compulsory acquisition of land; or
b
land or other property in the circumstances referred to in regulation 11(3)(a).
3
The power of the Secretary of State under section 2 of the Act is exercisable by a District Authority in Wales only to such extent as is necessary for the proper exercise, in relation to its district or anywhere outside its district as the Secretary of State has directed, of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.
PART IV
ADMINISTRATION ARRANGEMENTS
Arrangements by Regional Authorities for exercise of functions
9
Subject to any directions which may be given by the Secretary of State as to its exercise, any function exercisable by a Regional Authority pursuant to a direction given under section 13 of the Act may by arrangement with that Authority be exercised on its behalf by –
a
another Regional Authority;
b
a committee or sub-committee of another Regional Authority;
c
another body of which the members consist only of that and other Regional Authorities; or
d
an officer of another Regional Authority or of such other body.
Arrangements by District Authorities for exercise of functions
10
1
Subject to any directions which may be given by the Secretary of State and, in the case of a District Authority in England, to any directions given by the relevant Regional Authority as to the exercise of any function exercisable by virtue of a direction given under section 14 of the Act, functions exercisable by a District Authority by virtue of any provision of the Act may by arrangement with that Authority be exercised on its behalf by –
a
another District Authority;
b
a committee or sub-committee of another District Authority;
c
another body of which the members consists only of that and other District Authorities; or
d
an officer of another District Authority or of such other body.
2
Subject to any directions which may be given by the Secretary of State, functions of a District Authority exercisable by virtue of an Order under section 103(1) of the Act may by arrangement with that Authority be exercised on its behalf by a Family Practitioner Committee.
Arrangements by Family Practitioner Committees for exercise of functions
11
1
Subject to the provisions of paragraphs (2) and (3) and to any directions given by the Secretary of State, any function exercisable by a Committee may by arrangement with that Committee be exercised on its behalf by –
a
another Committee;
b
another body of which the members consist only of that and other Committees;
c
a committee or sub-committee appointed by the Committee or such other Committees;
d
a special health authority;
e
an officer of a special health authority or of a Committee; or
f
an officer of a District Authority any part of the district of which is in the locality of the Committee.
2
The functions of a Committee under section 15(1)(a) of the Act with regard to the examination, checking and pricing of prescriptions for drugs, medicines and appliances supplied under arrangements made by a Committee for the provision of pharmaceutical services shall be exercisable –
a
on behalf of a Committee the locality of which is in England by the Prescription Pricing Authority ;
b
on behalf of a Committee the locality of which is in Wales by the Welsh Health Common Services Authority ,
and arrangements shall be made by Committees in accordance with directions given by the Secretary of State with respect to the exercise of such functions.
3
The following functions are prescribed for the purpose of section 15(1)(b) of the Act –
a
i
the acquisition (otherwise than in the exercise of powers of compulsory purchase) and the disposal of land and other property,
ii
the control, maintenance and management of land and other property,
on behalf of the Secretary of State in circumstances where the land or other property is, as the case may be, required or wholly or mainly occupied for purposes relating to the exercise of a Committee’s functions under section 15(1)(a) of the Act or is in the possession or control of a Committee for such purposes;
b
the provision on behalf of the Secretary of State by virtue of section 63(1), (3), (5) and (6) of the Health Services and Public Health Act 1968 of instruction and the provision of materials and premises necessary for or in connection with the provision of any such instruction.
PART V
Revocations
12
The Regulations specified in column 1 of Schedule 2 are revoked to the extent specified in column 3.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State
Department of Health
9th January 1989
Peter Walker
Secretary of State for Wales
15th January 1989