text:
Title and commencement
1
These Regulations may be cited as the Preservatives in Food Regulations 1989, and shall come into force on 27th April 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Food Act 1984;
“appropriate designation” means, as respects any permitted preservative or any food, a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the permitted preservative or of the food, as the case may be, to which it is applied;
“biscuits” includes wafers, rusks, crispbreads, oatcakes, matzos and chocolate-coated, chocolate-filled or chocolate-flavoured biscuits;
“bread” has the meaning assigned to it by the Bread and Flour Regulations 1984 ;
“canned food” means any food which–
is in a hermetically sealed container, and
has been sufficiently heat processed to destroy any Clostridium botulinum in the food or its container, or
has a pH of less than 4.5,
and “canned”, in relation to any food, shall be construed accordingly;
“carbohydrate” means any substance containing carbon, hydrogen and oxygen only in which the hydrogen and oxygen occur in the same proportion as in water;
“cheese” and “soft cheese” have the meanings respectively assigned to them by the Cheese Regulations 1970 ;
“Community” means the European Economic Community;
“Community controlled wine” means wine, grape must, sparkling wine, aerated sparkling wine, liqueur wine, semi-sparkling wine and aerated semi-sparkling wine as respectively defined in Annex 1 to Council Regulation ( EEC ) No. 822/87 on the common organisation of the market in wine;
“compounded food” means food containing two or more ingredients;
“concentrated fruit juice” has the meaning assigned to it by the Fruit Juices and Fruit Nectars Regulations 1977 ;
“container” includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band;
“dock” includes any harbour, moorings, wharf, pier, jetty or other works in or at which food can be shipped or unshipped and any warehouse, transit shed or other premises used in connection therewith for the temporary storage or loading for despatch of food which is unshipped or to be shipped;
“flavouring” includes flavouring essence and flavouring extract and means any product consisting of a flavouring agent and such other substances, if any, the use of which in food is not forbidden and which are reasonably necessary to produce a solid, a solution or an emulsion, but no other ingredient or ingredients;
“flavouring agent” means any sapid or odorous substance capable of imparting and primarily intended to impart a specific and distinctive taste or odour to food, but does not include herbs, spices, onions, garlic, salt, fruit juices, soft drinks, fruit acids, acetic acid, any carbohydrate material, any purine derivative, any preparation of yeast, coffee or chicory or any substances prepared by the hydrolysis of protein-containing materials;
“flavouring syrup” means a solution of carbohydrate sweetening matter containing sufficient flavouring to provide, after dilution with milk or water, a drink with that flavour;
“flour confectionery” means any solid or semi-solid product complete in itself and suitable for consumption without further preparation or processing other than heating, of which the characteristic ingredient, apart from any filling, is ground cereal, whether or not flavoured, coated with or containing any carbohydrate sweetening matter, chocolate or cocoa; and includes shortbread, sponges, pastry, pastry cases, crumpets, muffins, macaroons, ratafias, meringues and petits fours, but does not include pharmaceutical products, bread, biscuits, canned puddings, Christmas puddings or any product containing a filling which has as an ingredient any meat or fish or any animal, vegetable or microbial material processed before or during the preparation of the product to resemble the texture of meat or fish;
“food” means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include–
water, live animals or birds,
fodder or feeding stuffs for animals, birds or fish, or
articles or substances used only as drugs;
“food and drugs authority” has the meaning assigned to it by section 71 of the Act;
“freeze drink” means any pre-packed liquid which complies with the requirements in the Soft Drinks Regulations 1964 as to the composition of any soft drink for consumption without dilution and which is clearly and legibly labelled as intended for freezing before consumption;
“fruit juice” has the meaning assigned to it by the Fruit Juices and Fruit Nectars Regulations 1977;
“fruit spread” means the product obtained by processing fruit, fruit pulp or purée and carbohydrate sweetening matter, with or without the addition of other substances, to a suitable consistency by the application of heat and which is not a product described in column 2 of Schedule 1 to the Jam and Similar Products Regulations 1981 ;
“hermetically sealed container” means a sealed container which is airtight and impermeable to gases;
“human consumption” includes use in the preparation of food for human consumption;
“ice cream” has the meaning assigned to it by the Ice-Cream Regulations 1967 ;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“permitted antioxidant” means any antioxidant in so far as its use is permitted by the Antioxidants in Food Regulations 1978 ;
“permitted colouring matter” means any colouring matter in so far as its use is permitted by the Colouring Matter in Food Regulations 1973 ;
“permitted emulsifier” means any emulsifier in so far as its use is permitted by the Emulsifiers and Stabilisers in Food Regulations 1980 ;
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1980 ;
“permitted preservative” means any preservative specified in columns 1 and 2 of Part I of Schedule 1 or, subject to the provisions of paragraph (2) of this regulation, specified in columns 3 and 4 of that Part of that Schedule which, in either case, satisfies the specific purity criteria in relation to that preservative specified or referred to in Part II of that Schedule, and, so far as is not otherwise provided by any such specific purity criteria, satisfies the general purity criteria specified in Part III of that Schedule, or any mixture of two or more such preservatives;
“permitted solvent” means any solvent in so far as its use is permitted by the Solvents in Food Regulations 1967 ;
“permitted stabiliser” means any stabiliser in so far as its use is permitted by the Emulsifiers and Stabilisers in Food Regulations 1980;
“permitted sweetener” means any sweetener in so far as it use is permitted by the Sweeteners in Food Regulations 1983 ;
“pre-packed” means made up in advance ready for retail sale in or on a container; and on any premises where food of any description is so made up, or is kept or stored for sale after being so made up, any food of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved;
“preparation”, in relation to food, includes manufacture and any form of treatment;
“preservative” means any substance which is capable of inhibiting, retarding or arresting the growth of micro-organisms or any deterioration of food due to micro-organisms or of masking the evidence of any such deterioration but does not include–
any permitted antioxidant,
any permitted colouring matter,
any permitted emulsifier,
any permitted miscellaneous additive,
any permitted solvent,
any permitted stabiliser,
any permitted sweetener,
vinegar,
any soluble carbohydrate sweetening matter,
potable spirits or wines,
herbs, spices, hop extract or flavouring agents when used for flavouring purposes,
common salt (sodium chloride),
any substance added to food by the process of curing known as smoking;
“processing”, in relation to food, includes curing by smoking and any treatment or process resulting in a substantial change in the natural state of the food but does not include boning, paring, grinding, cutting, cleaning or trimming;
“raw peeled potatoes” includes chips, sliced potatoes, diced potatoes and potatoes which have undergone the culinary process known as “blanching”;
“reduced sugar jam”, “reduced sugar jelly” and “reduced sugar marmalade” have the meanings assigned to them by regulation 2(2) of the Jam and Similar Products Regulations 1981;
“retail sale” means any sale to a person buying otherwise than for the purpose of re-sale, but does not include a sale to a caterer for the purposes of his catering business, or a sale to a manufacturer for the purpose of his manufacturing business;
“sauce” means a liquid, thickened or unthickened, frozen or otherwise, used as a garnish with food and having a colour and flavour derived essentially from ingredients other than meat, but does not include mustard, gravy sauce or any product having characteristics similar to gravy;
“sausage” does not include any cured meat product which has been acidified or fermented;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly;
“smoking” means treating food with smoke or smoke solutions derived from wood or ligneous vegetable matter in the natural state, and excludes smoke or smoke solutions derived from wood or ligneous vegetable matter which has been impregnated, coloured, gummed, painted or otherwise treated in a similar manner;
“soft drink” has the meaning assigned to it by the Soft Drinks Regulations 1964;
“specified food” means any food of a description specified in column 1 of Schedule 2;
“specified sugar product” has the meaning assigned to it by the Specified Sugar Products Regulations 1976 ;
“sterile pack” means a hermetically sealed container which has been sufficiently heat processed to destroy any Clostridium botulinum in the container or in any food which is in the container;
“storage”, in relation to food, means storage at, in or upon any farm, dock, vehicle, warehouse, fumigation chamber, cold store, transportable container, whether refrigerated or not, or any barge, ship, aircraft or hover vehicle whilst, in each case, at, in or upon any port, harbour, airport or hover-port in England and Wales;
“sweetened” means containing any added soluble carbohydrate sweetening matter or added permitted sweetener and “unsweetened” shall be construed accordingly.
2
Unless a contrary intention is expressed, any permitted preservative specified in columns 3 and 4 of Part I of Schedule 1 may be used as an alternative to the permitted preservative specified in relation thereto in columns 1 and 2 of that Part of that Schedule, if calculated as that permitted preservative, and any reference in these Regulations to any permitted preservative specified in the said columns 1 and 2 shall be construed accordingly.
3
Unless a contrary intention is expressed, all proportions mentioned in these Regulations are proportions calculated by weight of the product as sold.
4
Any reference in these Regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.
5
For the purpose of these Regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food.
6
Any reference in these Regulations to a numbered regulation or schedule shall be construed as a reference to the regulation or schedule bearing that number in these Regulations.
Exemptions
3
The provisions of these Regulations shall not apply to food having any preservative in it or on it, or to any preservative which, in each case, is intended at the time of sale or importation, as the case may be, for exportation to any place outside the United Kingdom.
Sale, etc. of food containing preservative
4
1
Save as hereinafter provided, no food sold or imported into England and Wales shall have in it or on it any added preservative.
2
Any specified food may have in it or on it permitted preservative of the description and in the proportion specified in relation thereto in columns 2 and 3 respectively of Schedule 2.
3
Any specified food in relation to which two or more permitted preservatives are specified in Schedule 2 may have in it or on it an admixture of those preservatives as follows:–
a
in the case of fruit spread, sambal oelek, concentrated snack meals with a moisture content of not less than 15% and not more than 60%, soup concentrates with a moisture content of not less than 25% and not more than 60% or wine, (including alcoholic cordials) other than Community controlled wine, to the maximum quantity of each such preservative appropriate thereto in accordance with that Schedule;
b
in the case of beer, fruit or plants (including flowers and seeds), crystallised, glacé or drained (syruped), or candied peel or cut and drained (syruped) peel, or grape juice products (unfermented, intended for sacramental use), if the permitted preservative sulphur dioxide is present, to the maximum quantity of that preservative appropriate to that food in accordance with that Schedule and as regards any other such permitted preservative present, only if, when the quantity of each such preservative is expressed as a percentage of the maximum quantity appropriate to that food in accordance with that Schedule, the sum of those percentages does not exceed one hundred;
c
in the case of preparations of saccharin, sodium saccharin, or calcium saccharin and water only, if the permitted preservative benzoic acid is present, to the maximum quantity of that preservative appropriate to that food in accordance with that Schedule and as regards any other such permitted preservative present, only if, when the quantity of each such preservative is expressed as a percentage of the maximum quantity appropriate to that food in accordance with that Schedule, the sum of those percentages does not exceed one hundred;
d
in the case of marinated herring whose pH exceeds 4.5, or marinated mackerel whose pH exceeds 4.5, if the permitted preservative hexamine is present, to the maximum quantity of that preservative appropriate to that food in accordance with that Schedule and as regards any other such permitted preservative present, only if, when the quantity of each such preservative is expressed as a percentage of the maximum quantity appropriate to that food in accordance with that Schedule, the sum of those percentages does not exceed one hundred;
e
in the case of cheese (other than Cheddar, Cheshire, Grana-padano or Provolone type cheeses or soft cheese) or cured meat (including cured meat products), in accordance with the appropriate provisions of that Schedule;
f
in the case of prawns and shrimps in brine,–
i
if the permitted preservative sulphur dioxide is present, to the maximum quantity of that preservative appropriate to that food in accordance with that Schedule;
ii
if the permitted preservative sorbic acid or benzoic acid is present, to the maximum quantity of that preservative appropriate to that food in accordance with that Schedule;
iii
if the permitted preservatives sorbic acid and benzoic acid are present, only if, when the quantity of each such preservative is expressed as a percentage of the maximum quantity appropriate to that food in accordance with that Schedule, the sum of those percentages does not exceed one hundred; and
iv
as regards any other such permitted preservative present, only if, when the quantity of each such preservative is expressed as a percentage of the maximum quantity appropriate to that food in accordance with that Schedule, the sum of those percentages does not exceed one hundred;
g
in any other case, only if, when the quantity of each such preservative present in that food is expressed as a percentage of the maximum quantity of that preservative appropriate to that food in accordance with that Schedule, the sum of those percentages does not exceed one hundred.
4
Any specified food and any food intended for use in the preparation of a specified food (but excluding any pre-packed food, any specified sugar product or any fruit juice or concentrated fruit juice specified at item 1 or 2 in column 1 of Schedule 3 to the Fruit Juices and Fruit Nectars Regulations 1977) may, on importation into England and Wales or on a sale other than a retail sale have in it or on it permitted preservative of a description appropriate to the specified food in accordance with Schedules 1 and 2 in any proportion if, as the case may be, the seller gives to the importer on or before importation or to the buyer on or before sale a document which complies with the requirements of paragraphs 4, 5 and 6 of Schedule 3.
5
Any food may have in it or on it any proportion not exceeding five milligrams per kilogram, formaldehyde derived from any wet strength wrapping containing any resin based on formaldehyde or from any plastic food container or utensil manufactured from any resin of which formaldehyde is a condensing component.
6
The permitted miscellaneous additive dimethylpolysiloxane may contain formaldehyde in any proportion not exceeding one thousand milligrams per kilogram.
7
Cheese, clotted cream or any canned food may have in it or on it the permitted preservative nisin.
8
Any food may have in it or on it the permitted preservative nisin introduced in the preparation of that food by the use of any cheese, clotted cream or canned food containing nisin.
9
Any food may have in it or on it formaldehyde introduced in the preparation of that food by the use of the permitted miscellaneous additive dimethylpolysiloxane if that formaldehyde is present in the food in no greater proportion, in relation to the quantity of dimethylpolysiloxane used, than the proportion specified in relation to dimethylpolysiloxane in paragraph (6) of this regulation.
10
Flour may contain the permitted preservative sulphur dioxide or sodium metabisulphite as prescribed by the Bread and Flour Regulations 1984.
11
The Community controlled wine may have in it any of the permitted preservatives sulphur dioxide, potassium bisulphite, potassium metabisulphite, sorbic acid and potassium sorbate or any other preservative to the extent, in each case, authorised by any Community Regulation.
12
No person shall sell or import into England and Wales any food which does not comply with this regulation.
5
Subject to regulation 7, nothing in the preceding regulation shall prohibit the presence in any compounded food of any permitted preservative introduced in the preparation of that food by the use of one or more specified foods (other than any unfermented grape juice product intended for sacramental use) if that permitted preservative–
a
may under these Regulations be present in any specified food used in the compounded food, and
b
is present in the compounded food in no greater proportion, in relation to the quantity of the specified food used, than the proportion specified in relation to that specified food in column 3 of Schedule 2:
Provided that–
i
if the said specified food or foods may under these Regulations contain the permitted preservative sulphur dioxide, the compounded food may contain that permitted preservative in a quantity not exceeding that introduced by the use of any such specified food or fifty milligrams per kilogram, whichever is the greater;
ii
if the said specified food or foods may under these Regulations contain any of the permitted preservatives benzoic acid, methyl 4-hydroxybenzoate, ethyl 4-hydroxybenzoate or propyl 4-hydroxybenzoate, the compounded food may contain that permitted preservative in a quantity not exceeding that introduced by the use of any such specified food or one hundred and twenty milligrams per kilogram, whichever is the greater;
iii
if the compounded food is a specified food other than a cured meat product it may not contain any permitted preservative specified in relation thereto in column 2 of Schedule 2 in any greater proportion than is specified in relation thereto in column 3 of that Schedule;
iv
if the compounded food is ice-cream or an edible ice made with fruit pieces in stabilised syrup which may under these Regulations contain the permitted preservative sorbic acid, the compounded food may not contain that permitted preservative in a quantity exceeding three hundred milligrams per kilogram.
Sale, advertisement and labelling of preservatives
6
1
No person shall sell or import into England and Wales or advertise for sale any preservative (including any preservative with which any other substance has been mixed) for use as an ingredient in the preparation of food unless such preservative is a permitted preservative.
2
No person shall sell any permitted preservative (including any permitted preservative with which any other substance has been mixed) for use as an ingredient in the preparation of food except in a container bearing a label in accordance with the requirements of paragraphs 1, 2, 3 and 6 of Schedule 3.
Food for babies and young children
7
No person shall sell any food specially prepared for babies or young children or for babies and young children if it has in it or on it any added sodium nitrate or sodium nitrite.
Sampling and analysis of citrus fruit
8
1
In relation to the sampling of citrus fruit for the purpose of analysis to establish the presence in or absence from that fruit of biphenyl, 2-hydroxybiphenyl or sodium biphenyl-2-yl oxide and the quantity of any such substance present–
a
the power of a sampling officer or of an officer of the Minister’s department under section 78 or 83 respectively of the Act to procure samples shall be exercised in accordance with Part I of Schedule 4;
b
the duty of a sampling officer or of an officer of the Minister’s department under section 80 or 83 respectively of and paragraph 1 of Part I of Schedule 7 to the Act to seal or fasten up each part of the sample shall be performed in accordance with paragraph 1 of Part II of Schedule 4;
c
the duty of a sampling officer or of an officer of the Minister’s department under section 80 or 83 respectively of and paragraph 9 of Part I of Schedule 7 to the Act to submit one part of the sample for analysis by the public analyst shall be performed in accordance with paragraph 2 of Part II of Schedule 4.
2
The method to be used in analysing citrus fruit for the purpose of establishing–
a
the presence in or absence from that fruit of biphenyl, 2-hydroxybiphenyl or sodium bipheny-2-yl oxide shall be as specified in Part I of Schedule 5;
b
the quantity of biphenyl in that fruit shall be as specified in Part II of Schedule 5;
c
the quantity of 2-hydroxybiphenyl or sodium biphenyl-2-yl oxide in that fruit shall be as specified in Part III of Schedule 5.
3
The modified Clevenger-type separator to be used in analysing citrus fruit in accordance with the preceding paragraph and Parts II and III of Schedule 5 for the purpose of establishing the quantity of biphenyl, 2-hydroxybiphenyl or sodium biphenyl-2-yl oxide in that fruit shall conform with the diagram in Schedule 6.
Condemnation of food
9
Where any food is certified by a public analyst as being food which it is an offence against regulation 4 to sell or import into England and Wales, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as being unfit for human consumption.
Penalties and enforcement
10
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2,000.
2
Each food and drugs authority shall enforce and execute such provisions in their area:
Provided that each port health authority shall enforce and execute in their district the provisions of regulations 4 and 6 in so far as they relate to importation.
Defences
11
1
In any proceedings for an offence against regulation 4 it shall be a defence for the defendant to prove that the presence in any food of any preservative other than a permitted preservative or the presence of a permitted preservative in any food other than a specified food, as the case may be, is solely due to the use of that preservative in food storage or in the preparation of food for storage–
a
as an acaricide, fungicide, insecticide or rodenticide, for the protection, in each case, of food whilst in storage, or
b
as a sprout inhibitor or depressant, otherwise than in the place where food is packed for retail sale.
2
In any proceedings for an offence against these Regulations in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business.
3
In any proceedings in respect of the sale or importation before 31st December 1989 of food having in it or on it ethylene oxide contrary to regulation 4, it shall be a defence for the defendant to prove that the presence of that substance in or on that food is solely due to the use for pathogen reduction of that food in accordance with the second column of entry C in the Annex to Directive 79/117/EEC of the Council, prohibiting the placing on the market and use of plant protection products containing certain active substances .
Application of various sections of the Act
12
Sections 95(5) and (6) (which relate to prosecutions), 97(1) (2) and (3) (which relate to evidence of analysis), 99 (which relates to the power of a court to require analysis by the Government Chemist), 100 (which relates to a contravention due to some person other than the person charged), 102(2) (which relates to the conditions under which a warranty may be pleaded as a defence) and 103 (which relates to offences in relation to warranties and certificates of analysis) of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or brought under the Act included references to proceedings, or a prosecution as the case may be, taken or brought for an offence under these Regulations and as if the reference in the said section 99 to subsection (6) of section 95 included a reference to that subsection as applied by these Regulations.
Revocations
13
The Regulations specified in the first and second columns of Schedule 7 are hereby revoked to the extent specified in relation thereto in the third column of that Schedule.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
21st March 1989
Peter Walker
Secretary of State for Wales
13th March 1989


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Education (Pre-Scheme Financial Statements) (Amendment) Regulations 1989 and shall come into force on 18th August 1989.
2
In these Regulations a reference to “the principal Regulations” is a reference to the Education (Pre-Scheme Financial Statements) Regulations 1989 .
3
1
For paragraph (c) of regulation 3 of the principal Regulations, there shall be substituted the following —
c
all other expenditure (other than expenditure of a capital nature or expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan raised to meet expenditure of a capital nature) treated by the authority as not forming part of the direct costs of relevant schools
.
2
For paragraph (2)(a) of regulation 4 of the principal Regulations there shall be substituted the following —
a
the amount attributable to —
i
expenditure of a capital nature; and
ii
expenditure in respect of the repayment of the principal of, the payment of the interest on and the discharge of any other financial obligation in connection with any loan raised to meet expenditure of a capital nature; and
.
3
In regulation 4(3) of the principal Regulations, after the word “particulars”, there shall be inserted the following —
(in so far as they relate to the financial provision initially planned by the authority in respect of the financial year to which the statement relates for the schools required to be covered by the statement)
.
Kenneth Baker
Secretary of State for Education and Science
21st July 1989
Peter Walker
Secretary of State for Wales
25th July 1989


text:
Citation and commencement
1
1
This Order may be cited as the Orkney Islands Council Harbour Revision Order 1989.
2
This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965( ).
Additional Harbour Areas
2
The limits of the harbour areas, in respect of which Orkney Islands Council is the harbour authority, as set out in the Schedule to the Orkney County Council Act 1974( ), are hereby altered to include the additional areas described in the Schedule to this Order. The said Act is amended by including at the end of the Schedule thereto the words contained in the Schedule to this Order.
Costs of Order
3
The costs, charges and expenses of and incidental to the preparing for and obtaining of this Order or otherwise in relation thereto (other than costs, charges and expenses which any person is lawfully ordered to pay by the Secretary of State or a Joint Committee of both Houses of Parliament or any costs incurred in opposing this Order) shall be paid by the Orkney Islands Council.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
11th March 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Charge Benefits (Transitional) Order 1989 and shall come into force on 30th August 1989.
2
In this Order unless the context otherwise requires–
“ the Act ” means the Social Security Act 1986 ;
“the Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ;
“the General Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Rebates Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 ;
“appropriate authority” means–
in England and Wales the charging authority to which section 31B(2) of the Act refers, and
in Scotland, the levying authority to which section 31B(3) of the Act refers;
“community charge benefits” means benefits to which section 20(1)(d) of the Act refers ;
“community charge rebates” has the same meaning as in section 28(1)(aa) of the Act ;
“relevant date” means 1st April 1990,
and other expressions shall have the same meaning as in the Benefits Regulations.
3
Unless the context otherwise requires, in this Order a reference in an article to a numbered paragraph is a reference to the paragraph in that article bearing that number.
Transitional provision for claims
2
1
A claim for community charge benefits under the Benefits Regulations may be made on or after 30th August 1989 and a claim for housing benefit under the General Regulations or for community charge rebates under the Rebates Regulations made at any time in the period beginning with that date and ending with 31st March 1990, may in addition be treated as a claim for community charge benefits.
2
Except in cases to which article 3 applies, notwithstanding in England and Wales, that a person is not yet shown in an appropriate authority’s community charges register as subject to a personal community charge of the authority concerned, where the authority is of the opinion that unless there is a change of circumstances that person will satisfy the conditions of entitlement for community charge benefits on the relevant date, it may invite him to claim community charge benefits from that date.
3
Any claim to which paragraph (1) or paragraph (2) refers made in the period from 30th August 1989 to 31st March 1990 shall be treated as made in respect of a benefit period beginning on the relevant date, except where the claim is in respect of a period beginning on a later date, and regulation 60(12) of the Benefits Regulations (13 week time limit on claims in advance of entitlement) shall not apply to any claim falling to be so treated.
4
A claim for community charge rebates under the Rebates Regulations made, but not determined before the relevant date–
a
shall remain effective, in respect of any period before that date, as a claim for a rebate under those Regulations; and
b
shall be treated, in respect of any later period, as a claim for community charge benefits under the Benefits Regulations.
5
Subject to the provisions of this Order, any claim for community charge benefits under the Benefits Regulations made or treated as made in accordance with paragraphs (1) to (3) and (4)(b) may be determined before the relevant date in accordance with those Regulations.
6
A determination which is made awarding community charge benefit under the Benefits Regulations in accordance with paragraph (5)–
a
may award that benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement will be satisfied from that date;
b
shall be subject to the conditions for entitlement being satisfied on the relevant date; and
c
may be reviewed if any question arises as to the satisfaction of those conditions.
7
Where in Scotland a claim is made for community charge rebates on or after the relevant date in respect of a period before that date, the appropriate authority may determine under regulation 60(18) of the Benefits Regulations (backdating for good cause) that the claim may be backdated and, in any case where it is so determined, entitlement to a rebate in respect of the period before the relevant date shall be calculated in accordance with the provisions of the Rebates Regulations.
8
Regulation 64(3) of the Benefits Regulations (time within which claims are to be determined) shall not apply to claims for community charge benefits made or treated as made under this article until 14 days before the relevant date.
9
To determine a person’s entitlement to community charge benefits under the Benefits Regulations for the purposes of this Order, the appropriate authority may require that person to furnish such certificates, documents, information and evidence as it may reasonably require.
Waiver of claims
3
1
Notwithstanding the provisions of section 165A of the Social Security Act (necessity of claims for entitlement to benefit), the appropriate authority may determine that, with respect to–
a
any person in England and Wales who before the relevant date was in receipt of housing benefit under the General Regulations, or
b
any person who has been awarded community charge rebates under the Rebates Regulations for a benefit period which includes 31st March 1990,
it shall not be a condition of entitlement to community charge benefits under the Benefits Regulations that a claim for such benefits has been made; and, where the authority so determines the provisions of the Act and regulations made thereunder shall apply, subject to the following provisions of this Order, as if a claim for those benefits had been duly made by or on behalf of a person to whom this paragraph applies in respect of a period commencing on the relevant date.
2
Where by virtue of paragraph (1) a person’s entitlement to community charge benefits falls to be determined as if a claim for it has been made–
a
in the case of a person to whom paragraph (1)(a) applies, his entitlement may be determined at an earlier date than the relevant date if that person is entitled to a rebate or allowance under the General Regulations at that earlier date, or
b
in the case of a person to whom paragraph (1)(b) applies, his entitlement may be determined at an earlier date if that person is entitled to community charge rebates under the Rebates Regulations at that earlier date,
and any entitlement to community charge benefits shall be determined in accordance with the Benefits Regulations as if the whole of those Regulations were in force.
3
A determination which is made awarding community charge benefit under the Benefit Regulations in accordance with paragraph (2)–
a
may award benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement will be satisfied from that date;
b
shall be subject to the conditions for entitlement being satisfied on the relevant date;
c
may be reviewed if any question arises as to the satisfaction of those conditions.
Further provision for initial claims
4
In England and Wales where–
a
a person is liable for a personal community charge from the relevant date,
b
a claim for community charge benefits in respect of that charge is received by the designated office of the appropriate authority either not more than 56 days after the relevant date or, where the claimant does not receive his first community charge demand notice stating the payment he is required to make until after the relevant date, not more than 56 days from the date he receives that notice, and
c
in a case where there has been a delay in issuing the demand notice, the delay is not in consequence of a failure by the claimant to notify the community charges registration officer that he is liable for that charge,
the claim for community charge benefits shall be treated as having been made on the relevant date.
Determinations
5
1
Where a determination, which is made by the appropriate authority before the relevant date in order that it may be effective from that date, is notified to a person before that date, regulation 67(2) of the Benefits Regulations (representations on reviews) shall have effect as though for the reference in that provision to a period of 6 weeks from the notification of the determination there were substituted a reference to a period of 6 weeks beginning on the relevant date.
2
A determination under this Order shall be treated for the purposes of regulations 67 and 75 of the Benefits Regulations (reviews) as if it were a determination under those Regulations.
Recovery of overpayments of community charge rebates
6
Without prejudice to any other method of recovery, an overpayment of community charge rebates made to a person by an appropriate authority under the Rebates Regulations, which was recoverable under those Regulations by that authority, may be recovered by that authority, where community charge benefits are due from the authority to the person concerned, in the same manner as excess benefits may be recovered under the Benefits Regulations.
Amendment of regulation 66 of the General Regulations
7
In regulation 66 of the General Regulations (benefit period) for paragraph (3A) there shall be substituted–
3A
Where, in England and Wales, an award is made in consequence of a claim under these Regulations in the period from 30th August 1989 to 31st March 1990, the benefit period for the award shall not exceed 80 weeks
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
28th July 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions and Allocation of Contributions) (Re-rating) Order 1989 and shall come into force on 6th April 1989.
2
In this Order “ the Act ” means the Social Security Act 1975.
Weekly earnings figures for primary and secondary earnings brackets
2
1
Section 4 of the Act (incidence of Class 1 contributions) shall be amended in accordance with the provisions of this article.
2
In subsection (6B) (primary earnings brackets)–
a
for the figure £69.99 specified in respect of Bracket 1 there shall be substituted the figure £74.99;
b
for the figures £70.00 and £104.99 specified in respect of Bracket 2 there shall be substituted respectively the figures £75.00 and £114.99;
c
for the figure £105.00 specified in respect of Bracket 3 there shall be substituted the figure £115.00.
3
In subsection (6E) (secondary earnings brackets)–
a
for the figure £69.99 specified in respect of Bracket 1 there shall be substituted the figure £74.99;
b
for the figures £70.00 and £104.99 specified in respect of Bracket 2 there shall be substituted respectively the figures £75.00 and £114.99;
c
for the figures £105.00 and £154.99 specified in respect of Bracket 3 there shall be substituted respectively the figures £115.00 and £164.99;
d
for the figure £155.00 specified in respect of Bracket 4 there shall be substituted the figure £165.00.
Rate of, and small earnings exception from, Class 2 contributions
3
In section 7 of the Act (Class 2 contributions)–
a
in subsection (1) (weekly rate) for the figure £4.05 there shall be substituted the figure £4.25;
b
in subsection (5) (small earnings exception) for the figure £2,250 there shall be substituted the figure £2,350.
Amount of Class 3 contribution
4
In section 8(1) of the Act (amount of Class 3 contributions) for the figure £3.95 there shall be substituted the figure £4.15.
Lower and upper limits for Class 4 contributions
5
In sections 9(2) and 10(1) of the Act (Class 4 contributions recoverable under Tax Acts and regulations)–
a
for the figure £4,750 (lower limit) wherever it appears there shall be substituted in each of those sections the figure £5,050;
b
for the figure £15,860 (upper limit) there shall be substituted in each of those sections the figure £16,900.
Percentage rates of appropriate national health service allocation
6
1
Section 134(4) of the Act (allocation of contributions) shall be amended in accordance with the provisions of this article.
2
In the definition of “the appropriate national health service allocation”–
a
in paragraph (a) (primary Class 1 contributions) for the words “0.95 per cent.” there shall be substituted the words “1.05 per cent.”;
b
in paragraph (b) (secondary Class 1 contributions) for the words “0.8 per cent.” there shall be substituted the words “0.9 per cent.”.
Appropriate employment protection allocation
7
It is hereby directed that there shall be no appropriate employment protection allocation in relation to the tax year beginning on 6th April 1989 or in relation to any subsequent tax year, and section 134 of the Act shall have effect accordingly.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
4th January 1989
D. Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Emissions into the Atmosphere) (Amendment) Regulations 1989 and shall come into force on 31st March 1989.
2
In these Regulations, “the principal Regulations ” means the Health and Safety (Emissions into the Atmosphere) Regulations 1983 .
Amendment of Schedule 1 to the principal Regulations
2
In Schedule 1 to the principal Regulations (List of Works)–
a
the paragraph headed “Chemical incineration works” shall be omitted;
b
the following shall be substituted for the paragraph headed “Asbestos works”–
Asbestos works
Works in which–
raw asbestos ore is produced, but excluding any process directly associated with the mining of the ore; or
asbestos is used in the manufacture and industrial finishing of–
asbestos cement,
asbestos cement products,
asbestos fillers,
asbestos filters,
asbestos floor coverings,
asbestos friction products,
asbestos insulating board,
asbestos jointing, packaging and reinforcement materials,
asbestos packing,
asbestos paper and card, or
asbestos textiles; or
crocidolite is stripped from railway vehicles other than as part of repair or maintenance or during vehicle recovery after an accident; or
railway vehicles containing crocidolite are destroyed by burning at purpose built installations.
For the purposes of this paragraph, “asbestos” means any of the following fibrous silicates:
actinolite, amosite, anthophyllite, chrysotile, crocidolite or tremolite.
c
the following shall be substituted for sub-paragraph (b) of the paragraph headed “Electricity Works”–
b
for the generation of electricity for any purpose where the net rated thermal input of the works is 50 megawatts or more, other than those mentioned in sub-paragraph (a) of this paragraph.
; and
d
the following paragraphs shall be inserted at the appropriate places–
Fibre works
Works in which glass fibre or mineral fibre (other than asbestos fibre) is made.
Incineration works
Works for the destruction by burning of–
waste produced from chemical manufacturing processes; or
chemical waste containing combined bromine, cadmium, chlorine, fluorine, iodine, lead, mercury, nitrogen, phosphorus, sulphur or zinc; or
waste produced in the manufacture of plastics; or
other waste, where the works are capable of incinerating 1 tonne or more of waste per hour.
Large combustion works
Works (other than those mentioned elsewhere in this Schedule) in which solid, liquid or gaseous fuel is burned in boilers or furnaces with a net rated thermal input of 50 megawatts or more.
Large glass works
Works capable of producing 5,000 tonnes or more of glass (other than glass fibre) per year.
Large paper pulp works
Works capable of producing 25,000 tonnes or more of paper pulp by chemical methods per year.
Amendment of Schedule 2 to the principal Regulations
3
In Schedule 2 to the principal Regulations (Noxious or offensive substances)–
a
in the list of noxious or offensive substances, the following shall be inserted at the appropriate places–
Acrylic acid; Glass fibres; Isocyanates; Mineral fibres; Phenols; Phosphorus or its compounds; Styrene;
b
in the list of elements following the words “Fumes or dust containing”, the following shall be inserted at the appropriate places–
gallium, nickel, platinum, silver, sulphur, tellurium, thallium, tin.
Nicholas Ridley
Secretary of State for the Environment
1st March 1989
Peter Walker
Secretary of State for Wales
2nd March 1989
Malcolm Rifkind
Secretary of State for Scotland
2nd March 1989


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Animal Feeding Stuffs) (Enforcement) (Amendment) Regulations 1989 and shall come into force on 1st January 1990.
2
The Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985 shall be amended as follows–
In regulation 1(1) (interpretation)–
for the definition of “animal feeding stuff” there shall be substituted–
“animal feeding stuff” includes intermediate feed, a complete feeding stuff, a feed supplement and a protein concentrate;
;
after the definition of “feed supplement” there shall be inserted the following definition–
“intermediate feed” means a medicated feeding stuff sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1989.
John Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Secretary of State for Scotland
7th December 1989
Peter Walker
Secretary of State for Wales
8th December 1989
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th day of December 1989.
W.J. Hodges
Permanent Secretary


text:
Citation and commencement
1
These Regulations may be cited as the Control of Pollution (Radioactive Waste) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations–
“the 1960 Act ” means the Radioactive Substances Act 1960 ;
“the 1989 Act ” means the Water Act 1989; and
“radioactive waste” has the same meaning as in the 1960 Act.
Certain provisions of the 1989 Act to apply to radioactive waste
3
The provisions of Chapter I of Part III of the 1989 Act specified in the Schedule to these Regulations shall have effect, without modification, in relation to any radioactive waste as they have effect in relation to any effluent or other matter or substance which is not radioactive waste.
Modification of the 1960 Act
4
Section 9(1) of the 1960 Act (no account to be taken of radioactivity for the purposes of powers, duties and enforcement of other enactments) shall apply in relation to the provisions specified in the Schedule to these Regulations and, accordingly, Part I of Schedule 1 to that Act is modified by the insertion after paragraph 8F of the following paragraph —
8G
Sections 104, 106, 107, 110, 113, 115 and 117 to 120 of the Water Act 1989.
.
Signed by Authority of the Secretary of State.
Michael Howard
Minister for Water and Planning,
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Unoccupied Property) Regulations 1989 and shall come into force on 28th December 1989.
2
In these Regulations, “ the Act ” means the Local Government Finance Act 1988.
Property liable for unoccupied property rates
2
1
The class of non-domestic hereditaments prescribed for the purposes of section 45(1) of the Act consists of all relevant non-domestic hereditaments to which none of the conditions in paragraph (2) applies.
2
The conditions are that –
a
the whole hereditament has, subject to paragraph (3), been unoccupied for a continuous period not exceeding three months;
b
its owner is prohibited by law from occupying it or allowing it to be occupied;
c
it is kept vacant by reason of action taken by or on behalf of the Crown or any local or public authority with a view to prohibiting the occupation of the hereditament or to acquiring it;
d
it is the subject of a building preservation notice as defined by section 58 of the Town and Country Planning Act 1971 or is included in a list compiled under section 54 of that Act;
e
it is included in the Schedule of monuments compiled under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 ;
f
it is a qualifying industrial hereditament;
g
its rateable value is less than £1,000;
h
the owner is entitled to possession only in his capacity as the personal representative of a deceased person;
i
there subsists in respect of the owner’s estate a bankruptcy order within the meaning of Parts VIII to XI of the Insolvency Act 1986 ;
j
the owner is entitled to possession of the hereditament in his capacity as trustee under a deed of arrangement to which the Deeds of Arrangement Act 1914 applies;
k
the owner is a company which is subject to a winding-up order made under the Insolvency Act 1986 or which is being wound up voluntarily under that Act;
l
the owner is entitled to possession of the hereditament in his capacity as liquidator by virtue of an order made under section 112 or section 145 of the Insolvency Act 1986.
3
Where a hereditament which has been unoccupied becomes occupied on any day and becomes unoccupied again on the expiration of a period of less than six weeks beginning with that day, then for the purposes of ascertaining whether the hereditament has been continuously unoccupied for the period mentioned in paragraph (2)(a) it shall be treated as having been unoccupied on that day and throughout the period.
4
For the purpose of paragraph (2)(a), a hereditament which has not previously been occupied shall be treated as becoming unoccupied –
a
on the day determined under paragraph 8 of Schedule 1 to the General Rate Act 1967 , or
b
on the day determined under Schedule 4A to the Act , or
c
where neither (a) or (b) applies, on the day for which the hereditament is first shown in a local rating list,
whichever day first occurs.
5
a
In paragraph (1), “relevant non-domestic hereditament” means any non-domestic hereditament consisting of, or of part of, any building, together with any land ordinarily used or intended for use for the purposes of the building or part, and
b
in paragraph (2)(f) –
“qualifying industrial hereditament” means any hereditament other than a retail hereditament in relation to which all buildings comprised in the hereditament are –
i
constructed or adapted for use in the course of a trade or business; and
ii
constructed or adapted for use for one or more of the following purposes, or one or more such purposes and one or more purposes ancillary thereto:-
a
the manufacture, repair or adaptation of goods or materials, or the subjection of goods or materials to any process;
b
storage (including the storage or handling of goods in the course of their distribution);
c
the working or processing of minerals;
d
the generation of electricity; and
“retail hereditament” means any hereditament where any building or part of a building comprised in the hereditament is constructed or adapted for the purpose of the retail provision of –
i
goods, or
ii
services, other than storage for distribution services, on or from the hereditament.
Appeals against completion notices: transitional provision
3
Any appeal under paragraph 4 of Schedule 4A to the Act against a completion notice served under that Schedule shall be dismissed unless it is initiated before whichever is the later of –
a
the expiry of 28 days beginning with the day on which the notice is served;
b
1st April 1990.
Chris Patten
Secretary of State for the Environment
30th Nobember 1989
Peter Walker
Secretary of State for Wales
30th November 1989


text:
Title and commencement
1
These Regulations may be cited as the Emulsifiers and Stabilisers in Food Regulations 1989 and shall come into force on 13th June 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Food Act 1984;
“appropriate designation” means, as respects any permitted emulsifier or permitted stabiliser, a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the permitted emulsifier or permitted stabiliser to which it is applied;
“bread” has the meaning assigned to it by the Bread and Flour Regulations 1984 ;
“cheese spread”, “processed cheese”, “soft cheese” and “whey cheese” have the meanings respectively assigned to them by the Cheese Regulations 1970 ;
“chocolate product” and “cocoa product” have the meanings respectively assigned to them by the Cocoa and Chocolate Products Regulations 1976 ;
“emulsifier” and “stabiliser” mean respectively any substance which is capable–
in the case of an emulsifier, of aiding the formation of, and
in the case of a stabiliser, of maintaining,
the uniform dispersion of two or more immiscible substances, but do not in either case include–
any natural food substance,
any permitted antioxidant,
any permitted colouring matter,
any permitted miscellaneous additive,
any permitted preservative,
any permitted solvent,
any permitted sweetener,
caseins and caseinates,
proteins, protein concentrates and protein hydrolysates,
starches, whether modified or not,
normal straight chain fatty acids derived from food fats;
“flour” has the meaning assigned to it by the Bread and Flour Regulations 1984;
“food” has the same meaning as in the Act, except that it is limited to food intended for sale for human consumption;
“Food Chemicals Codex 1981” means the third edition of the Food Chemicals Codex, published in 1981 by the National Academy of Sciences, Washington DC, United States of America;
“natural food substance” means any substance, suitable for use as food and commonly used as food, which is wholly a natural product, whether or not that substance has been subjected to any process or treatment, and includes malt extract and glucose syrup but does not include edible gums;
“permitted antioxidant” means any antioxidant in so far as its use is permitted by the Antioxidants in Food Regulations 1978 ;
“permitted colouring matter” means any colouring matter in so far as its use is permitted by the Colouring Matter in Food Regulations 1973 ;
“permitted emulsifier” and “permitted stabiliser” mean respectively any emulsifier and any stabiliser specified in Part I of Schedule 1, which complies with the specific purity criteria in relation to that emulsifier or stabiliser specified or referred to in Part II of that Schedule and, so far as is not otherwise provided in any such specific purity criteria, with the general purity criteria in Part III of that Schedule, or any mixture of two or more such emulsifiers or stabilisers or emulsifiers and stabilisers;
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use is permitted by the Miscellaneous Additives in Food Regulations 1980 ;
“permitted preservative” means any preservative in so far as its use is permitted by the Preservatives in Food Regulations 1989 ;
“permitted solvent” means any solvent in so far as its use is permitted by the Solvents in Food Regulations 1967 ;
“permitted sweetener” means any sweetener in so far as its use is permitted by the Sweeteners in Food Regulations 1983 ;
“sell” includes offer or expose for sale or have in possession for sale and “sale” and “sold” shall be construed accordingly;
“soft drink” has the meaning assigned to it by the Soft Drinks Regulations 1964 ;
“specified food” means any food of a description specified in column 2 of Part II or column 1 of Part III of Schedule 2;
“specified sugar product” has the meaning assigned to it by the Specified Sugar Products Regulations 1976 ;
2
Unless a contrary intention is expressed, all proportions mentioned in these Regulations are proportions calculated by weight of the product as sold.
3
Any reference in these Regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.
4
For the purposes of these Regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food.
5
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 bearing that number in these Regulations.
Exemptions
3
The provisions of these Regulations shall not apply to food having any emulsifier or stabiliser in it or on it or to any emulsifier or stabiliser which, in each case, is intended at the time of sale or importation, as the case may be, for exportation to any place outside the United Kingdom.
Sale, etc. , of food containing emulsifiers or stabilisers
4
1
Subject to the provisions of this regulation, no food sold or imported into England and Wales shall have in it or on it any added emulsifier or added stabiliser other than a permitted emulsifier or permitted stabiliser.
2
No food sold or imported into England and Wales shall have in it or on it any added permitted emulsifier or added permitted stabiliser specified in Part I of Schedule 2 or any combination of those substances in a proportion exceeding 150,000 milligrams per kilogram.
3
No food sold or imported into England and Wales shall have in it or on it any added permitted emulsifier or added permitted stabiliser specified in column 1 of Part II of Schedule 2 unless the food is a specified food prescribed in relation to that emulsifier or stabiliser in column 2 of that Part of that Schedule and the proportion of that emulsifier or stabiliser in or on the food does not exceed the proportion prescribed in column 3 of that Part of that Schedule.
4
No specified food prescribed in column 1 of Part III of Schedule 2, sold or imported into England and Wales shall have in it or on it any added permitted emulsifier or added permitted stabiliser unless the emulsifier or stabiliser is prescribed in relation to that specified food in column 2 of that Part of that Schedule and the proportion of the emulsifier or stabiliser in or on the food does not exceed the proportion prescribed in column 3 of that Part of that Schedule.
5
Nothing in the two preceding paragraphs shall prohibit the presence in or on any food, which has in it or on it any specified food, of any permitted emulsifier or permitted stabiliser of the description prescribed for, and in the amount appropriate to the quantity of, that specified food in accordance with the two preceding paragraphs:
Provided that where, by reason of the use of a tin-greasing emulsion in its preparation, any food has present in it or on it–
a
the permitted emulsifier oxidatively polymerised soya bean oil, that permitted emulsifier shall be present in a proportion not exceeding 50 milligrams per kilogram;
b
the permitted emulsifier polyglycerol esters of dimerised fatty acids of soya bean oil, that permitted emulsifier shall be present in a proportion not exceeding 20 milligrams per kilogram.
6
Nothing in paragraph (4) of this regulation shall prohibit the presence in or on any bread, by reason of the use of a tin-greasing emulsion in its preparation, of any permitted emulsifier or permitted stabiliser not specified in the proviso to the preceding paragraph or in column 2 of item (a) of Part III of Schedule 2 in a proportion not exceeding 50 milligrams per kilogram.
7
No flour, intended for sale as such, shall contain any emulsifier or stabiliser.
8
No person shall sell or import into England and Wales any food which does not comply with this regulation.
Sale, advertisement and labelling of emulsifiers and stabilisers
5
1
No person shall sell, import into England and Wales or advertise for sale any emulsifier or stabiliser (including any emulsifier or stabiliser with which any other substance has been mixed) for use as an ingredient in the preparation of food unless such emulsifier or stabiliser is a permitted emulsifier or permitted stabiliser.
2
No person shall sell any permitted emulsifier or any permitted stabiliser (including any such permitted emulsifier or permitted stabiliser with which any other substance has been mixed) for use as an ingredient in the preparation of food except in a container bearing a label which complies with the requirements of Schedule 3.
6
No person shall–
a
give with any permitted emulsifier or permitted stabiliser sold by him for use as an ingredient in the preparation of food any label, whether attached to or borne on the container or not, or display with any permitted emulsifier or permitted stabiliser offered or exposed by him for sale for such use any ticket or notice, or
b
publish, or be a party to the publication of, any advertisement of any permitted emulsifier or permitted stabiliser for sale for use as an ingredient in the preparation of food,
which bears or includes any words, device or description calculated to indicate either directly or indirectly that that emulsifier or stabiliser is a substitute for fat or eggs.
Condemnation of food
7
Where any food is certified by a public analyst as being food which it is an offence against regulation 4 to sell or import, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as being unfit for human consumption.
Penalties and enforcement
8
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2000.
2
Subject to paragraph (3) of this regulation, each food and drugs authority shall enforce within its area the provisions of these Regulations.
3
Each port health authority shall enforce within its district the provisions of these Regulations.
Defence
9
In any proceedings for an offence against these Regulations in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business.
Application of various sections of the Act
10
1
Subject to paragraph (2) of this regulation, the following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations–
a
section 95(5) and (6) (which relates to prosecutions);
b
section 97(1), (2) and (3) (which relates to evidence of analysis);
c
section 99 (which relates to the power of a court to require analysis by the Government Chemist);
d
section 100 (which relates to a contravention due to some person other than the person charged);
e
section 102(2) (which relates to the conditions under which a warranty may be pleaded as a defence); and
f
section 103 (which relates to offences in relation to warranties and certificates of analysis).
2
Section 99 shall apply for the purposes of these Regulations as if the reference therein to section 95(6) of the Act included a reference to that sub-section as applied by paragraph (1) of this regulation.
Revocations
11
The Regulations specified in the first and second columns of Schedule 4 are hereby revoked to the extent specified in relation thereto in the third column of that Schedule.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd May 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
22nd May 1989
Peter Walker
Secretary of State for Wales
17th May 1989


text:
Title, commencement and interpretation
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment No. 3 Order 1989 and shall come into force on 2nd October 1989.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) Order 1989 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of any 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 30th July 1989 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 any sheep —
i
which was moved from any place in accordance with a consent given under section 2(1) of the said Act on or after 2nd October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
ii
which 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 any sheep described in paragraphs (a) or (b) of this article,
and accordingly that Order is amended in accordance with the following provisions of this Order.
3
In article 5, 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 from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 8th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 30th July 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
e
any sheep which was moved from any place in accordance with a consent given on or before 1st October 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
f
any sheep which was moved from any place in accordance with a consent given on or after 2nd October 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark.
.
4
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 from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 8th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 30th July 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.
e
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act 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 a consent given on or after 31st July 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
iii
was moved from any place in accordance with a consent given on or after 2nd October 1989 under section 2(1) of the said Act 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.
.
N E Sharp
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
27th September 1989


text:
Citation, interpretation and commencement
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) Amendment Scheme 1989 and shall come into force on 12th April 1989.
2
This Scheme shall be read as one with the Workmen’s Compensation (Supplementation) Scheme 1982 (“the principal Scheme”).
3
In this Scheme, “the operative date” means 12th April 1989.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the date “13th April 1988” the date “12th April 1989”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
The provisions of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled from the operative date to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made before the operative date
5
1
The provisions of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall–
a
in so far as it relates to the period from 13th April 1988 to 11th April 1989 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and
b
in so far as it relates to a period before 13th April 1988 be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
1
The provision of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social SecurityWe consent,
13th March 1989
Alan Howarth
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1989


text:
1
These Regulations may be cited as the Rules of the Air and Air Traffic Control (Fifth Amendment) Regulations 1989 and shall come into force on 31st January 1989.
2
The Schedule to the Rules of the Air and Air Traffic Control Regulations 1985 shall be amended as follows: —
1
In rule 1(1) the paragraph commencing “Microlight aircraft” and ending “or any part thereof.” shall be deleted.
2
For rule 5(2)(c) there shall be substituted the following —
c
Paragraphs (1)(d)(i) and (1)(e) of this rule shall not apply to the flight of an aircraft over or within 3000ft of an assembly of persons gathered for the purposes of witnessing or participating in an event which consists —
i
wholly or partly of an aircraft race or contest if the aircraft is taking part in such race or contest or is engaged on a flight arranged by, or made with the consent in writing of, the organisers of the event;
ii
wholly or partly of an exhibition of flying for which a permission under article 52A of the Order is required, if the aircraft is taking part in such exhibition or is engaged on a flight arranged by or made with the consent of the organisers of the event and the flight is made —
aa
in accordance with the terms of a permission granted to the organiser of the exhibition of flying under article 52A of the Order; and
bb
in accordance with the conditions of a display authorisation granted to the pilot under article 52A of the Order; or
iii
wholly or principally of an exhibition of flying for which a permission under article 52A of the Order is not required, if the aircraft is taking part in such exhibition or is engaged on a flight arranged by or made with the consent of the organisers of the event.
.
3
In Column 1 of the Table to rule 36(1) immediately below “Belfast/Aldergrove” there shall be inserted “Belfast/Harbour” and in Column 2 adjacent thereto there shall be inserted “3(a) and (b)”.
4
In Column 1 of the Table to rule 36(1) for “Bournemouth/Hurn” there shall be substituted “Bournemouth”, for “Leeds and Bradford” there shall be substituted “Leeds/Bradford” and for “Tees-side” there shall be substituted “Teesside”.
5
For rule 38(1) there shall be substituted the following —
38
1
Notwithstanding the provisions of rule 22, during the notified hours of watch of the air traffic control unit for the time being notified for the purposes of this rule, the following special rules shall apply to the airspace notified for the purposes of this rule as the Cross-Channel Special Rules Airspace.
.
6
Rule 38(5) shall be deleted.
7
In rule 38(6) the words “except within the Cross-Channel VFR Corridor and in conformity with an air traffic control clearance issued for the flight by the appropriate air traffic control unit” shall be deleted.
8
For rule 38(7) there shall be substituted the following —
7
These special rules shall not apply to any glider which remains at least1 nautical mile horizontally and 1,000 feet vertically away from cloud, in a flight visibility of at least 5 nautical miles and outside that part of the Cross-Channel Special Rules Airspace between the surface and 4,500 feet above mean sea level which falls within the airspace notified for the purposes of this paragraph of this rule.
.
9
In rule 49(3)(a) for the word “PAN” there shall be substituted the words “PAN PAN”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
10th January 1989


text:
1
1
These Rules may be cited as the Patents (Fees) Rules 1989 and shall come into force as respects rules 1(1), 2 and 4 on 16th June 1989 and as respects rules 1(2) and 3 on 3rd July 1989.
2
The Patents (Fees) Rules 1988 are hereby revoked.
2
These Rules shall be construed as one with the Patents Rules 1982 and, to the extent that they continue to apply in relation to existing patents and existing applications, the Patents Rules 1968 .
3
The fees to be paid in respect of any matters arising under the Patents Act 1949 or the Patents Act 1977 shall be those specified in the Schedule to these Rules; and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1968 or the Patents Rules 1982 to be used, that form shall be accompanied by the fee specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.
4
Where application is made on or after 16th June 1989 but before 3rd July 1989 for renewal of a patent in respect of any year beginning on or after 3rd July 1989, the fee payable on such application shall be that which would be payable if the application were made on or after 3rd July 1989 and rules 1(2) and 3 above had come into force.
Eric Forth
Department of Trade and Industry
24th May 1989
We consent to the making of these Rules.
Kenneth Carlisle
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
25th May 1989


text:
Citation and Commencement
1
1
This order may be cited as the Welsh Water Authority (Parc to Glanrhyd Hospital Water Supply) Order 1989 and shall come into force on 31st August 1989.
2
This order shall be included among the enactments which may be cited together as the Welsh Water Authority Orders 1976 to 1989.
Interpretation
2
In this order–
“the Authority” means the Welsh Water Authority;
“the deposited plan” means the plan prepared in duplicate signed by authority of the Secretary of State and marked “Plan referred to in the Welsh Water Authority (Parc to Glanrhyd Hospital Water Supply) Order 1989” one duplicate of which is deposited and available for inspection at the offices of the Authority at Cambrian Way, Brecon and the other at the Welsh Office, Cathays Park, Cardiff;
“the undertaking” means the water undertaking of the Authority as from time to time authorised by any enactment.
Power to acquire waterworks
3
The Authority may acquire by agreement and thereafter continue and maintain the mains, pipes and apparatus the approximate lines and positions of which are shown by green lines on the deposited plan.
Works to form part of the undertaking
4
The said mains, pipes and apparatus when acquired by the Authority shall for all purposes form part of the undertaking.
Signed by authority of the Secretary of State.
Alwyn H. H. Jones
Assistant Secretary in the Welsh Office
31st August 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1989 and shall come into force on 6th April 1989.
2
In these Regulations“the principal Regulations ” means the Social Security (Contributions) Regulations 1979 , and unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in the principal Regulations.
Amendment of regulation 28
2
Subject to regulation 5 of these Regulations, in sub-paragraph (b) of paragraph (2) of regulation 28 (precluded Class 3 contributions) for the words“widow’s allowance or death grant” there shall be substituted the words“widow’s payment”.
Amendment of regulation 119
3
For sub-paragraph (e) of paragraph (1) of regulation 119 (conditions as to residence or presence in Great Britain) there shall be substituted the following sub-paragraph:
e
as respects entitlement of a person to pay Class 3 contributions in respect of any year, either that–
i
that person is resident in Great Britain throughout that year; or
ii
that person has arrived in Great Britain during that year and has been or is liable to pay Class 1 or Class 2 contributions in respect of an earlier period during that year; or
iii
that person has arrived in Great Britain during that year and was either ordinarily resident in Great Britain throughout the whole of that year or became ordinarily resident during the course of it; or
iv
that person not being ordinarily resident in Great Britain has arrived in that year or the previous year and has been continuously present in Great Britain for 26 complete contribution weeks, entitlement where the arrival has been in the previous year arising in respect only of the next year.
.
Amendment of regulation 121
4
1
Regulation 121 (Class 2 and Class 3 contributions for periods abroad) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1), for the words“the next succeeding paragraph” there shall be substituted the words“paragraph (2) of this regulation”.
3
After paragraph (1) there shall be inserted the following paragraph–
1A
A person who is gainfully employed outside Great Britain and falls within the provisions of sub-paragraph (a) of the last preceding paragraph shall for the purposes of that paragraph be treated as being outside Great Britain for any period during which he is temporarily in Great Britain.
.
4
In paragraph (2), for the words“the last preceding paragraph” there shall be substituted the words“paragraph (1) of this regulation”.
Savings
5
For the purposes of determining whether a person is entitled to pay Class 3 contributions under paragraph (2) of regulation 28, sub-paragraph (b) of that paragraph shall continue to have effect in relation to any death occurring before 11th April 1988 as though regulation 2 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
29th March 1989


text:
Citation and commencement
1
This Order may be cited as the Annual Close Time (Lossie Salmon Fishery District) Order 1989 and shall come into force on 21st August 1989.
Annual close time dates and period for salmon fishing by rod and line
2
For the Lossie salmon fishery district —
a
the dates of the annual close time are prescribed as 27th August to 24th February; and
b
the period within that time when it is permitted to fish for and take salmon by rod and line is prescribed as the period from 27th August to 31st October, both dates inclusive.
T. J. Kelly
Assistant Secretary, Scottish Office
St. Andrew’s House,
Edinburgh
31st July 1989


text:
Citation and commencement
1
1
This Order may be cited as the Orkney Islands Council (Loch of Boardhouse) (Amendment) Water Order 1989 and shall come into force on 18th September 1989.
2
This Order and the Orkney County Council (Loch of Boardhouse) Water Order 1958 (hereinafter referred to as “the principal Order”) may be cited together as the Orkney Islands Council (Loch of Boardhouse) Water Orders 1958 and 1989.
Amendment of the principal Order
2
In article 5 of the principal Order for the expression “300,000 gallons” there shall be substituted the expression “2730 cubic metres (600,000 gallons)”.
Miscellaneous
3
The Orkney Islands Council shall at all times after the expiration of six months from the date on which this Order comes into force keep a copy thereof at the office of the Chief Executive of the Council.
Alasdair Paton
Deputy Chief Engineer, Scottish Office
Scottish Development Department 27 Perth Street,
Edinburgh
11th September 1989


text:
1
This Order may be cited as the Recovery Vehicles (Number of Vehicles Recovered) Order 1989 and shall come into force on the tenth day after the day on which it is made.
2
The number specified for the purposes of paragraph 8(4) of Part I of Schedule 3 to the Vehicles (Excise) Act 1971 is two.
Paul Channon
Secretary of State for Transport
17th July 1989


text:
S
This Order may be cited as the South Eastern Combined Fire Area Administration (Amendment) Scheme Order 1989.
2
The South Eastern Combined Fire Area Administration Amendment Scheme 1988 set out in the Schedule to this Order, is hereby approved.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
13th January 1989


text:
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 1989 and shall come into force on 1st April 1989.
2
In article 20 of the Public Trustee (Fees) Order 1985 ; the figure “1” shall be substituted for the figure “1 2/13” in paragraph (3).
Alan Howarth
Stephen Dorrell
Two of the Lords Commmissioners of Her Majesty’s Treasury
Dated 9th March 1989
I hereby signify my sanction
Mackay of Clashfern, C.
Dated 9th March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Attendance Allowance) Amendment Regulations 1989 and shall come into force on 25th August 1989.
Amendment of the Social Security (Attendance Allowance) ( No. 2) Regulations 1975
2
In regulation 5D of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 (allowance payable before the date of claim in renewal cases) for the words “an allowance not payable” there shall be substituted the words “a person not entitled to an allowance”.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
2nd August 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Transitional and Consequential Provisions) Regulations 1989 and shall come into force on 5th October 1989.
2
In these Regulations–
“ the Act ” means the Social Security Act 1975 ;
“the principal Regulations ” means the Social Security (Contributions) Regulations 1979 ;
and other expressions have the same meanings as in that Act or, as the case may be, those Regulations.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in the principal Regulations.
Transitional provisions for assessment of primary Class 1 contributions
2
1
This regulation applies in the case of a person who–
a
on 5th October 1989 is a director of a company and has been such a director continuously since 6th April 1989 and in respect of whose earnings, by virtue of regulation 6A(1) and (3), the earnings period is the year beginning on 6th April 1989; or
b
on or after 5th October 1989 is a director of a company and in respect of whose earnings the earnings period falls to be determined in accordance with–
i
regulation 6A(1) and (2), or
ii
regulation 6A(1) and (3),
and which commenced during the period beginning with 6th April 1989 and ending with 4th October 1989; or
c
is a person whose earnings, by virtue of regulations 2, 3, 5A, 21 or 22, are assessed by reference to an earnings period which is the year beginning on 6th April 1989; or
d
after 5th April 1989 but before 5th October 1989 ceased to be a director of a company and–
i
in respect of whose earnings, by virtue of regulation 6A(1) and (3), the earnings period is the year beginning on 6th April 1989, or
ii
in respect of whose earnings, the earnings period is determined by virtue of regulation 6A(1) and (2),
and is paid earnings in respect of any employed earner’s employment with that company at any time in the period beginning with 5th October 1989 and ending with 5th April 1990; or
e
ceased to be a director of a company before 6th April 1989, and–
i
in respect of whose earnings, by virtue of regulation 6A(1) and (5), the earnings period is the year beginning on 6th April 1989, and
ii
is paid earnings in respect of any period during which he was such a director at any time in the period beginning on 5th October 1989 and ending with 5th April 1990; or
f
is a person whose earnings, by virtue of regulations 2, 3, 5A, 21 or 22, are assessed by reference to an earnings period which is the year beginning on 6th April 1989 and–
i
after 5th April 1989 but before 5th October 1989 ceased to be employed in the employment from which those earnings derived, and
ii
is paid any such earnings in the period beginning with 5th October 1989 and ending with 5th April 1990.
2
In the case of primary Class 1 contributions, in a case to which this regulation applies–
a
where the earnings period is the period mentioned in paragraph (1)(a), (b)(ii), (c), (d)(i), (e) or (f) of this regulation, for the purposes of section 4(6A) of the Act (incidence of Class 1 contributions) the primary percentages shall be–
i
where the earnings in that earnings period do not exceed £2236, 3.5 per cent;
ii
where the earnings in that earnings period exceed £2236 but do not exceed £3899.99, 3.5 per cent. of those earnings which do not exceed £2236 and 7 per cent. of those earnings which exceed £2236;
iii
where the earnings in that earnings period exceed £3899.99 but do not exceed £5979.99, 4.5 per cent. of those earnings which do not exceed £2236 and 8 per cent. of those earnings which exceed £2236;
iv
where the earnings in that earnings period exceed £5979.99, 5.5 per cent. of those earnings which do not exceed £2236 and 9 per cent. of those earnings which exceed £2236 but do not exceed £16,900;
b
where the earnings period is the period mentioned in paragraph (1)(b)(i) or (d)(ii) of this regulation, for the purposes of section 4(6A) of the Act the primary percentages shall be obtained by dividing the amount of the earnings paid in the earnings period by the number of weeks therein and by applying the quotient as if it were a payment of weekly earnings.
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 1(2) (interpretation), in the definitions of “non-contracted-out rate” and “standard rate” for the words “in section 4(6B)” there shall be substituted in each place where they appear the words “in section 4(6A)”.
3
In regulation 8(1) (equivalent amounts), for the words “section 4(2)(b) and (6)” there shall be substituted the words “section 4(2)(b) and (6B)”.
4
In regulation 8A (equivalent earnings brackets for earners paid otherwise than weekly)–
a
in paragraphs (1) and (2), for the words “section 4(6B) and (6E)” there shall be substituted in each place where they appear the phrase “section 4(6E)”;
b
for paragraph (5) there shall be substituted the following paragraph–
5
The respective equivalent higher brackets in the case of brackets 1 to 3 in the said section 4(6E) shall be £0.01 less than the next succeeding lower bracket.
.
5
In regulation 32(2) (return of contributions), in sub-paragraph (d)(i) for the words “appropriate primary percentage rate specified for bracket 3 in section 4(6B)” there shall be substituted the words “initial primary percentage rate specified in section 4(6A)”.
6
In regulation 61(1) (exception from Class 4 liability by reference to Class 1 contributions paid on earnings chargeable to income tax under Schedule D), in sub-paragraph (a) for “section 4(6B)” there shall be substituted “section 4(6A)”.
7
In regulation 90(2) (earnings periods for mariners and apportionment of earnings), for sub-paragraph (b)(i) there shall be substituted the following sub-paragraph–
i
the primary percentages for a primary Class 1 contribution specified in section 4(6A) of the Act or the appropriate percentage rate for a secondary Class 1 contribution specified in section 4(6E) of the Act,
.
8
In regulation 104 (reduced rate for married women and widows), for the words “per cent.” there shall be substituted the words “per cent.; and in respect of earnings paid on or after 5th October 1989 the amount of primary Class 1 contribution payable at the reduced rate shall continue to be calculated by reference to that rate only.”.
9
In regulation 115(1) (reduction of rate of Class 1 contributions for members of the forces), for the words from “shall be reduced –” to the end there shall be substituted the following–
shall be reduced as follows–
in the case of a primary contribution–
where the percentage would be at the standard rate, the main primary percentage shall be reduced by 0.65,
where the percentage would be at the reduced rate, both the initial primary percentage and the main primary percentage shall be reduced by 0.65;
in the case of a secondary contribution, by 0.7.
.
10
In regulation 123D (special provisions for volunteer development workers)–
a
in sub-paragraph (b) of paragraph (1), for the words from “the amount” to the end there shall be substituted the words “10 per cent. of the current lower earnings limit;”;
b
paragraph (2) shall be omitted.
Savings
4
In relation to contributions in respect of earnings paid or treated as paid before 5th October 1989, the provisions of the principal Regulations shall apply as if regulation 3 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
12th September 1989


text:
1
This Order may be cited as the South Eastern Police (Amalgamation) Amendment Scheme Order 1989.
2
The South Eastern Police (Amalgamation) Amendment Scheme 1988 which is set out in the Schedule to this Order, is hereby approved.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
13th January 1989


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Amendment of Ordinary Cause and Summary Cause Rules) (Written Statements) 1989 and shall come into force on 3rd April 1989.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Ordinary Cause Rules
2
In the First Schedule to the Sheriff Courts (Scotland) Act 1907( ) (Ordinary Cause Rules), after rule 72, insert the following rule: —
Conditions for receiving written statements in evidence without being spoken to by a witness
72A
1
Any written statement (including an affidavit) or report, admissible under section 2(1)(b) of the Civil Evidence (Scotland) Act 1988( ) may be received in evidence in any ordinary cause without being spoken to by a witness subject to the provisions of this rule.
2
The following provisions of this rule do not apply to any such written statement or report in respect of which express provision is made in these rules for its admissibility in evidence in relation to a particular category of ordinary cause.
3
Application to the sheriff to receive any such written statement or report in evidence without being spoken to by a witness shall be made by way of motion.
4
Subject to paragraph (5), on enrolling any such motion, the applicant shall lodge —
a
the written statement or report as a production;
b
in any case where the other party or parties have not agreed to the written statement or report in question being received in evidence without being spoken to by a witness, an affidavit or affidavits in support of the motion stating —
i
the name, designation, and qualifications (if any) of the author of the statement or report in question;
ii
the circumstances in which it was written; and
iii
the reasons for the application.
5
Paragraph (4) does not apply to an application made in respect of a written statement or report in the form of an affidavit which includes the information specified in sub-paragraph (b) of paragraph (4).
6
On the hearing of any such motion, the sheriff may grant the motion, with or without conditions, or may refuse it, or may continue the motion to enable such further information to be obtained as he may require for the purpose of determining the application.
7
For the purpose of this rule —
a
expressions used in this rule and in the Civil Evidence (Scotland) Act 1988 shall have the meaning they have in that Act;
b
“affidavit” includes affirmation and statutory or other declaration;
c
an affidavit shall be treated as admissible if it is duly emitted before a notary public or any other competent authority.
.
Amendment of the Summary Cause Rules
3
In paragraph 3(2) of the Act of Sederunt (Summary Cause Rules, Sheriff Court) 1976( ) after “60” insert “72A” .
Emslie
Lord President, IPD Edinburgh
8th March 1989