text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) Order 1989 and shall come into force on 1st January 1990.
Interpretation and revocation
2
1
In this Order, unless the context otherwise requires–
“ the Act ” means the Medicines Act 1968;
“agricultural requisites” means things used in the cultivation of the soil or in the keeping of animals for the production of food or as game, and equipment used for the collection of produce from animals kept for the production of food and things used for the maintenance of such equipment, and includes any protective clothing but does not include any other kind of human apparel;
“the Department of Agriculture” means the Department of Agriculture for Northern Ireland;
“the Department of Health (N.I.)” means the Department of Health and Social Services for Northern Ireland;
“final medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;
“fish farmer” means–
a person carrying on a business of fish farming or shellfish farming which is registered in a register kept by the Minister or the Secretary of State (as the case may be) pursuant to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 , or
a person to whom a licence has been granted by the Department of Agriculture under section 11 of the Fisheries Act (Northern Ireland) 1966 ;
“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;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“prescription only medicine” means a medicinal product falling within a description or class for the time being specified for the purposes of section 58 of the Act in an Order made under that section ;
“qualifying businesses” means a business involving in whole or in part the retail sale of agricultural requisites;
“the Register of Manufacturers” means the register of persons entitled to incorporate medicinal products in animal feeding stuffs kept respectively by the Department of Agriculture, and the Society under regulation 6(1) of the Medicines (Medicated Animal Feeding Stuffs) Regulations 1988 and regulation 6(1) of the Medicines (Medicated Animal Feeding Stuffs) Regulations 1989 ;
“the Register of Merchants” means the register of merchants in veterinary drugs kept respectively by the Department of Health (N.I.), and the Society under article 3(7) of the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985 , article 5(1) of the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1989 and article 5(1) of this Order;
“saddlery business” means a business involving in whole or in part the retail sale of saddlery requisites;
“saddlery requisites” means products and equipment used in the keeping of horses or ponies and things used for the maintenance of such equipment, and includes any human apparel used in the keeping of horses or ponies;
“self-service methods” means any method of sale which allows a purchaser to help himself on or before payment;
“sell by retail” includes offer or expose for sale by retail and supply in circumstances corresponding to retail sale, and cognate expressions shall be construed accordingly;
“the Society” means the Royal Pharmaceutical Society of Great Britain;
“a specially authorised person” means, in relation to a veterinary drug–
a person specially authorised, by virtue of a direction of the licensing authority under article 3(1) of the Medicines (Exemptions from Licences) (Special and Transitional Cases) Order 1971 , to assemble that drug otherwise than in accordance with a manufacturer’s licence; or
a person specially authorised by the product licence in respect of that drug to sell the drug under the alternative product name specified in the licence;
“veterinary drug” includes a veterinary drug in respect of which a product licence is granted, after the date of coming into force of this Order, containing a provision to the effect that it may be sold by retail only in accordance with a prescription by an appropriate practitioner or by a person referred to in article 3(1), 6(1), 9(1), 11(1) or 13(1) of this Order
“veterinary drug not on a general sale list” means a veterinary drug which is not of a description or falling within a class, specified in an Order under section 51 of the Act which is for the time being in force ;
“wholesale dealer” means a person for the time being carrying on a business wholly or mainly comprising the sale or supply in bulk of veterinary drugs.
2
Unless the context otherwise requires, any reference in this Order to a numbered article or Schedule is to the article of, or Schedule to, this Order which bears that number.
3
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1989 is hereby revoked.
Exemptions for merchants in veterinary drugs
3
1
The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person entered in the Register of Merchants as a Category I merchant if that veterinary drug is specified in the second column of Schedule 1 and the conditions contained in paragraph (2) below and article 4 are complied with.
2
No veterinary drug described in paragraph (1) above shall be sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list and not being a prescription only medicine by a person entered in the Register of Merchants as a Category I merchant, if–
a
that veterinary drug–
i
is a veterinary drug specified in Schedule 2, and
ii
is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (4) below and article 4 are complied with; or
b
that veterinary drug–
i
is a veterinary drug specified in Schedule 2, and
ii
is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (5) below and article 4 are complied with.
4
No veterinary drug described in paragraph (3)(a) above shall be sold by retail except–
a
to a person whose name is entered in Part A of the Register of Manufacturers, or
b
to a fish farmer.
5
No veterinary drug described in paragraph (3)(b) above shall be sold by retail except–
a
to a person whose name is entered in Part A or Part B of the Register of Manufacturers, or
b
to a fish farmer.
Further conditions for exemption under article 3
4
1
No veterinary drug described in article 3(1) or (3)(a) or (b) shall be sold by retail except–
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,
b
in a container which has not been opened since the drug was made up for sale in it, and
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public,
except that, when a person has lawfully purchased a veterinary drug on the premises of the seller, conditions (c) above shall not apply to the subsequent delivery of that drug to that person.
2
No veterinary drug described in article 3(1) or (3)(a) or (b) shall be sold by retail by self-service methods.
3
In respect of any sale by retail of any veterinary drug described in article 3(1) or (3)(a) or (b) the seller shall make a record of the sale containing particulars of–
a
the date on which the veterinary drug was sold,
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold, and
c
the name and address of the person to whom the veterinary drug was sold,
and shall keep such record for a period of two years from the date of the sale.
4
No person shall, in the course of a qualifying business carried on by him, sell by retail any veterinary drug described in article 3(1) or (3)(a) or (b) unless his name is entered in the Register of Merchants as a Category I merchant in respect of each premises on which the drug is sold or stored.
5
In paragraph (1)(c) above “premises” includes a stall of a permanent nature situated at a market or an agricultural showground.
Register of Merchants for the purpose of article 4(4)
5
1
The Society and the Department of Health (N.I.) shall each keep, for the purposes of article 4(4), a register of persons as being persons entitled, in the course of qualifying businesses carried on by them, to sell by retail on premises in respect of which their names are entered in the register, any veterinary drug described in article 3(1) or (3)(a) or (b) free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in articles 3 and 4 are complied with.
2
Details of premises used for the storage of any veterinary drug described in article 3(1) or (3)(a) or (b) at a different postal address from that of premises used to sell by retail such drug shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the Society’s Register of Merchants in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored by him in the course of that qualifying business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business in Northern Ireland, makes an application in writing to the Department of Health (N.I.) for his name to be entered in the Department of Health’s (N.I.) Register of Merchants in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored by him in the course of that qualifying business, the Department of Health (N.I.) shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the Register of Merchants in respect of any premises shall, in order to retain his name in that Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be retained in the Register of Merchants in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the Register of Merchants in respect of any premises by reason only that he failed either to make proper application for the retention of his name in that Register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in that Register pursuant to paragraph (10) below may, in order to restore his name to that Register in respect of those premises, make an application to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the Register of Merchants in respect of those premises.
7
There shall be paid to the Society or the Department of Health (N.I.)–
a
in respect of the entry in the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored a fee of £155.00 for each such premises;
b
in respect of the retention in the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored a fee of £108.00 for each such premises;
c
in respect of the restoration to the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored a fee of £155.00 for each such premises.
8
The Society or the Department of Health (N.I.) shall refuse to enter in its respective Register of Merchants the name of any person in respect of any premises unless that person–
a
has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7)(a) above for the entry of his name in that Register; and
b
has given to the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Merchants Selling or Supplying Veterinary Drugs dated 30th October 1984, as amended on 22nd November 1988, and published by the Ministry of Agriculture, Fisheries and Food (being a code relating to the sale or supply of the veterinary drugs described in article 3(1) or (3)(a) or (b)).
9
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to enter in its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safekeeping of any veterinary drug described in article 3(1) or (3)(a) or (b).
10
The Society or the Department of Health (N.I.) shall refuse to retain in its respective Register of Merchants in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (N.I.) (as the case may be) on or before 31st January in that year the fee specified in paragraph (7)(b) above for the retention of his name in that Register.
11
The Society or the Department of Health (N.I.) shall refuse to restore to its respective Register of Merchants the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7)(c) above for the restoration of his name to that Register.
12
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be)–
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8)(b) above; or
b
the conditions under which any veterinary drug described in article 3(1) or (3)(a) or (b) is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health (N.I.) may remove from its respective Register of Merchants the name of any person entered in it, at the request of that person.
Exemptions for merchants in intermediate feed
6
1
The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) shall not apply to the sale by retail of any intermediate feed by the holder of a product licence in respect of that intermediate feed, by a specially authorised person or by a person entered in the Register of Merchants as a Category I or II merchant if that intermediate feed contains a veterinary drug specified in the second column of Schedule 2 or 3 and the conditions contained in paragraphs (2) and (6) below and article 7 are complied with.
2
No intermediate feed prescribed in paragraph (1) above shall be sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of intermediate feed by a person who is entered in the Register of Merchants as a Category I or II merchant if–
a
that intermediate feed–
i
contains a veterinary drug specified in Schedule 2 or 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (4) below and article 7 are complied with; or
b
that the intermediate feed–
i
contains a veterinary drug specified in Schedule 2 or 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (5) below and article 7 are complied with.
4
No intermediate feed described in paragraph (3)(a) above shall be sold by retail except–
a
to a person whose name is entered in Part A of the Register of Manufacturers, or
b
to a fish farmer.
5
No intermediate feed described in paragraph (3)(b) above shall be sold by retail except–
a
to a person whose name is entered in Part A or Part B of the Register of Manufacturers, or
b
to a fish farmer.
6
No intermediate feed which contains a prescription only veterinary drug specified in Schedule 3 shall be sold by retail to any person (except as provided for in article 9(6)(a)) except on production by him of a veterinary written direction.
Further conditions for exemption under article 6
7
1
No intermediate feed described in article 6 shall be sold by retail except–
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,
b
in a container which has not been opened since the drug was made up for sale in it, and
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public,
except that, when a person has lawfully purchased an intermediate feed on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that drug to that person.
2
No intermediate feed described in article 6 shall be sold by retail by self-service methods.
3
In respect of any sale by retail of any intermediate feed described in article 6 the seller shall make a record of the sale containing particulars of–
a
the date on which the intermediate feed was sold,
b
the name, identification and quantity of the intermediate feed sold, and
c
the name and address of the person to whom the intermediate feed was sold,
and shall keep such record for a period of two years from the date of the sale.
4
No person shall, in the course of a qualifying business carried on by him, sell by retail any intermediate feed described in article 6 unless after 1st April 1990 his name is entered in the Register of Merchants in respect of each premises on which the intermediate feed is sold or stored or he is already entered as a Category I or II merchant in the Register of Merchants kept pursuant to article 5(1).
5
In paragraph (1)(c) above, “premises” includes a stall of a permanent nature situated at a market or an agricultural showground.
Register of Merchants for the purpose of article 7(4)
8
1
From 1st April 1990 the Society and the Department of Health (N.I.) shall each keep, for the purposes of article 7(4), a register of persons as being entitled, in the course of a qualifying business carried on by them, to sell by retail on premises in respect of which their names are entered in the register, any intermediate feed described in article 6 free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in articles 6 and 7 are complied with.
2
Details of premises used for the storage of any intermediate feed described in article 6 at a different postal address from that of premises used to sell by retail such intermediate feed shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the Society’s Register of Merchants in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored by him in the course of that qualifying business, the Society shall, subject to paragraphs (7) and (8) below, enter his name in that Register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business in Northern Ireland, makes an application in writing to the Department of Health (N.I.) for his name to be entered in the Department of Health’s (N.I.) Register of Merchants in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored by him in the course of that qualifying business, the Department of Health (N.I.) shall, subject to paragraphs (7) and (8) below, enter his name in that Register in respect of those premises.
5
Subject to paragraph (9) below, a person whose name is entered in the Register of Merchants in respect of any premises shall, in order to retain his name in that Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be retained in the Register of Merchants in respect of those premises.
6
Subject to paragraph (9) below, a person whose name is removed from the Register of Merchants in respect of any premises by reason only that he failed either to make proper application for the retention of his name in that Register pursuant to paragraph (5) above may, in order to restore his name to that Register in respect of those premises, make an application to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the Register of Merchants in respect of those premises.
7
The Society or the Department of Health (N.I.) shall refuse to enter in its respective Register of Merchants the name of any person in respect of any premises unless that person has given the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Category 2 Agricultural Merchants Selling or Supplying Veterinary Drugs dated December 1989, and published by the Ministry of Agriculture, Fisheries and Food (being a code relating to the sale or supply of the intermediate feed containing the veterinary drugs described in article 6).
8
The Society, with the approval of the Minister, or the Department of Health (N.I.) with the approval of the Department of Agriculture, may refuse to enter in its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safe keeping of any intermediate feed described in article 6.
9
The Society, with the approval of the Minister, or the Department of Health (N.I.) with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be)–
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (7)(b) above; or
b
the conditions under which any intermediate feed described in article 6 is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
10
In respect of any premises the Society or the Department of Health (N.I.) may remove from its respective Register of Merchants the name of any person entered in it, at the request of that person.
Exemptions in respect of veterinary drugs to be incorporated in animal feeding stuffs and of, intermediate feed
9
1
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list nor of any intermediate feed by–
a
the holder of the product licence in respect thereof;
b
the holder of a product licence in respect of an intermediate feed containing or consisting of a veterinary drug;
c
a specially authorised person;
d
a person whose name is entered in the Register of Merchants as a Category I merchant; or, in the case of an intermediate feed, a person whose name is entered in the Register of Merchants as a Category I or II merchant;
e
a person whose name is entered in Part A of the Register of Manufacturers; or
f
a wholesale dealer,
if that veterinary drug–
i
is or contains a veterinary drug specified in Schedule 2 or, in the case of an intermediate feed, specified in Schedule 2 or Schedule 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (2) below and article 10 are complied with.
2
No veterinary drug nor intermediate feed described in paragraph (1) above shall be sold by retail by any of the persons–
a
specified in paragraph (1)(a) to (d), or, in the case of intermediate feed, specified in paragraph (1)(e), except to a person whose name is entered in Part A of the Register of Manufacturers or to a fish farmer;
b
specified in paragraph (1)(e) or (f), except to a person whose name is entered in Part A of the Register of Manufacturers and who the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list nor of any intermediate feed by–
a
the holder of the product licence in respect thereof;
b
the holder of a product licence in respect of an intermediate feed containing or consisting of a veterinary drug;
c
a specially authorised person;
d
a person whose name is entered in the Register of Merchants as a Category I merchant; or, in the case of an intermediate feed, a person whose name is entered in the Register of Merchants as a Category I or II merchant;
e
a person whose name is entered in Part A of the Register of Manufacturers; or
f
a wholesale dealer,
if that veterinary drug or intermediate feed–
i
is or contains a veterinary drug specified in Schedule 2 or, in the case of an intermediate feed, specified in Schedule 2 or Schedule 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (4) below and article 10 are complied with.
4
No veterinary drug nor intermediate feed described in paragraph (3) above shall be sold by retail by any of the persons–
a
specified in paragraph (3)(a) to (d), or, in the case of intermediate feed, specified in paragraph (3)(e), except to a person whose name is entered in Part A or Part B of the Register of Manufacturers or to a fish farmer;
b
specified in paragraph (3)(e) or (f), except to a person whose name is entered in Part A of the Register of Manufacturers and who the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only.
5
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list nor of any intermediate feed by–
a
the holder of the product licence in respect thereof,
b
the holder of a product licence in respect of an intermediate feed containing or consisting of such a veterinary drug,
c
a specially authorised person,
d
a person whose name is entered in Part A of the Register of Manufacturers and who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes, or
e
wholesale dealer,
if that veterinary drug or intermediate feed is or contains a veterinary drug specified in Schedule 3 and the conditions contained in paragraph (6) below and article 10 are complied with.
6
No veterinary drug nor any intermediate feed described in paragraph (3) above shall be sold by retail except–
a
to a person whose name is entered in Part A of the Register of Manufacturers and whom the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only, or
b
to a person–
i
whose name is entered in Part A of the Register of Manufacturers and whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities but not for research or educational purposes only;
ii
whose name is entered in Part B of the Register of Manufacturers, or
iii
who is a fish farmer,
on production by him of a veterinary written direction.
Further conditions for exemption under article 9
10
1
No veterinary drug nor intermediate feed such as is described in article 9(1), (3) or (5) shall be sold by retail by self-service methods.
2
In respect of any sale by retail of any veterinary drug described in article 9(1), (3) or (5) the seller shall make a record of the sale containing particulars of–
a
the date on which the veterinary drug was sold,
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold, and the name, identification and quantity of the intermediate feed sold, and
c
the name and address of the person to whom the veterinary drug or intermediate feed was sold,
and shall keep such record for a period of two years from the date of the sale.
Exemptions for merchants in horse wormers
11
1
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person who is for the time being carrying on a qualifying business or a saddlery business if–
a
that veterinary drug is specified in the second column of Schedule 4, and
b
the conditions contained in this article are complied with.
2
No veterinary drug described in paragraph (1)(a) above shall be sold by retail except–
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,
b
in a container which has not been opened since the drug was made up for the sale in it,
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public, and
d
to a person whom the seller knows, or has reasonable cause to believe, to be a person who has in his charge horses or ponies,
except that, where a person has lawfully purchased a veterinary drug on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that drug to that person.
3
No veterinary drug described in paragraph (1)(a) above shall be sold by retail by self-service methods.
4
In respect of any sale by retail of any veterinary drug described in paragraph (1)(a) above the seller shall make a record of the sale containing particulars of–
a
the date on which the veterinary drug was sold, and
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold,
and shall keep such record for a period of two years from the date of the sale.
5
No person shall, in the course of a qualifying business or a saddlery business carried on by him, sell by retail any veterinary drug described in paragraph (1)(a) above unless his name is entered in the register kept by the Society or the Department of Health (N.I.) under article 12(1) in respect of each premises on which the drug is sold or stored.
6
In paragraph (2)(c) above “premises” includes a stall of a permanent nature situated at a market or agricultural showground.
Register for the purposes of article 11(5)
12
1
The Society and the Department of Health (N.I.) shall each keep, for the purposes of article 11(5), a register of persons as being persons entitled, in the course of qualifying businesses or saddlery businesses carried on by them, to sell by retail on premises in respect of which their names are entered in the register, any veterinary drug described in article 11(1)(a) free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in article 11 are complied with.
2
Details of premises used for the storage of any veterinary drug described in article 11(1)(a) at a different postal address from that of premises used to sell by retail such drug shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business or a saddlery business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the register kept by the Society under paragraph (1) above in respect of any premises on which any veterinary drug described in article 11(1)(a) is to be sold or stored by him in the course of that qualifying business or saddlery business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business or a saddlery business in Northern Ireland, makes an application in writing to the Department of Health (N.I.) for his name to be entered in the register kept by the Department of Health (N.I.) under paragraph (1) above in respect of any premises on which any veterinary drug described in article 11(1)(a) is to be sold or stored by him in the course of that qualifying business or saddlery business, the Department of Health (N.I.) shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the register kept by the Society or the Department of Health (N.I.) under paragraph (1) above in respect of any premises shall, in order to retain his name in the register in respect of those premises in any year subsequent to the year in which his name was first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be retained in that register in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the register kept by the Society or the Department of Health (N.I.) under paragraph (1) above in respect of any premises by reason only that he failed either to make proper application for the retention of his name in the register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in the register pursuant to paragraph (10) below may, in order to restore his name to the register in respect of those premises, make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) in respect of those premises.
7
There shall be paid to the Society or the Department of Health (N.I.)–
a
in respect of the entry in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1)(a) is to be sold or stored a fee of £56.00 for each such premises;
b
in respect of the retention in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1)(a) is to be sold or stored a fee of £53.00 for each such premises;
c
in respect of the restoration to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1)(a) is to be sold or stored a fee of £100.00 for each such premises;
except that no such fee shall be payable in respect of a person whose name is for the time being entered in, or in the course of being restored to, the Register of Merchants in respect of those premises as being a person entitled to sell or store thereon, during the course of a qualifying business carried on by him, any veterinary drug described in article 3(1) or (3)(a) or (b).
8
The Society or the Department of Health (N.I.) shall refuse to enter in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person–
a
has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7)(a) above for the entry of his name in the register; and
b
has given to the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Saddlers Selling or Supplying Horse Wormers dated October 1985, as amended on 22nd November 1988, and published by the Ministry of Agriculture, Fisheries and Food (being a Code of Practice relating to the sale or supply of the veterinary drugs described in article 11(1)(a)).
9
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to enter in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in repect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safekeeping of any veterinary drug described in article 11(1)(a).
10
The Society or the Department of Health (N.I.) shall refuse to retain in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (N.I.) (as the case may be) on or before 31st January in that year the fee specified in paragraph (7)(b) above for the retention of his name in the register.
11
The Society or the Department of Health (N.I.) shall refuse to restore to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7)(c) above for the restoration of his name to the register.
12
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from, the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be)–
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8)(b) above; or
b
the conditions under which any veterinary drug described in article 11(1)(a) is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health (N.I.) may remove from the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person entered in it, at the request of that person.
Exemptions for pharmacists
13
1
The restrictions imposed by section 52(c) of the Act shall not apply to the retail sale of a veterinary drug described in article 3(1) or (3)(a) or (b) where the transaction is carried out in a registered pharmacy by a person acting on behalf of a pharmacist.
2
The restrictions imposed by section 52 of the Act shall not apply to the supply in circumstances corresponding to retail sale of a veterinary drug such as is described in article 9(1), (3) or (5) by a pharmacist, or his agent, to the person to whom the pharmacist has, in accordance with the provisions of the said section 52, sold the drug by retail.
Exemptions in cases involving another’s default
14
1
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained in articles 3(2), (4) or (5), 4, 6(2), (4) or (5) of a veterinary drug or intermediate feed by a person for the time being carrying on a qualifying business, which drug or intermediate feed that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug or intermediate feed described in article 3(1) or (3)(a) or (b) or 6 but which, due to the act or default of another person, is not such a veterinary drug or intermediate feed.
2
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained in article 9(2) to (6), of a veterinary drug or intermediate feed by a person for the time being carrying on a business described in article 9(1), which drug or intermediate feed that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug or intermediate feed described in article 9(1), but which, due to the act or default of another person, is not such a veterinary drug or intermediate feed.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained in articles 11(2) to (5) and 12, of a veterinary drug by a person for the time being carrying on a qualifying business or a saddlery business, which drug that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug described in article 11(1)(a), but which, due to the act or default of another person is not such a veterinary drug.
Defences
15
Any person who, in the course of a business carried on by him, sells by retail, offers or exposes for sale by retail, or supplies in circumstances corresponding to retail sale, any intermediate feed in accordance with a forged veterinary written direction, shall not be guilty of an offence under this Order if, having exercised all due diligence, he believes on reasonable grounds that the veterinary written direction is genuine.
Kenneth Clarke
Secretary of State for Health
8th December 1989
Sanderson of Bowden
Minister of State, Scottish Office
7th December 1989
Peter Walker
Secretary of State for Wales
8th December 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 8th day of December 1989.
J. J. M. Harbison
Under Secretary, on behalf of the Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th day of December 1989.
W. J. Hodges
Permanent Secretary
We consent,
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 1989


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Medway Ports Authority Harbour Revision Order 1989 and shall come into force on 3rd May 1989.
Interpretation
2
In this Order “the Act of 1973 ” means the Medway Ports Authority Act 1973 , “the added limits” means the area described in the Schedule to this Order and expressions to which meanings are assigned by the Act of 1973 have the same respective meanings.
Extension of limits
3
1
The limits within which the Authority and the harbour master have jurisdiction in accordance with the Act of 1973 are hereby extended to include the added limits.
2
All enactments conferring rights, powers, privileges and immunities or imposing duties, obligations and liabilities upon the Authority and all byelaws and regulations made by the Authority which related to or were in force in the port immediately before the coming into force of this Order shall relate to and have effect in the added limits.
3
Section 3 (Interpretation) of the Act of 1973 shall have effect as if at the end of the definition of “the port” there were inserted the words “and includes the added limits as defined in the Medway Ports Authority Harbour Revision Order 1989”.
Signed by authority of the Secretary of State
J D Noulton
An Under Secretary in the
Department of Transport
2nd May 1989


text:
Title and commencement
1
These Regulations may be cited as the Condensed Milk and Dried Milk (Amendment) Regulations 1989 and shall come into force on 24th November 1989.
Amendment of the Condensed Milk and Dried Milk Regulations 1977
2
The Condensed Milk and Dried Milk Regulations 1977 are hereby further amended by inserting after regulation 9 thereof the following regulation:
Sampling
9A
In relation to the sampling for analysis of condensed milk products and dried milk products–
a
the powers of a sampling officer or of an officer of the Minister’s department under section 78 or 83 respectively of the Food Act 1984 to procure samples, and
b
the duty of a sampling officer or of an officer of the Minister’s department under section 80 or 83 respectively of and Part I of Schedule 7 to that Act to deal with samples,
shall be exercised and performed in accordance with the methods described in the Annex to First Commission Directive 87/524/ EEC .
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th October 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
16th October 1989
Peter Walker
Secretary of State for Wales
25th October 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1989 and shall come into force on 9th October 1989.
2
In these Regulations“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 .
Amendment of regulation 42 of the Adjudication Regulations
2
In paragraph (5) of regulation 42 of the Adjudication Regulations (reference of diagnosis and recrudescence questions for medical report), for the words“If during a period taken into account by an assessment of disablement relating to an award of disablement benefit in respect of a prescribed disease,”, there shall be substituted the words“Where the assessed extent of a person’s disablement in respect of a prescribed disease amounts to one per cent. or more and during the period taken into account by that assessment,”.
Amendment of regulation 53 of the Adjudication Regulations
3
In paragraph (c) of regulation 53 of the Adjudication Regulations (definition of“medical question”) for the words“the age of 75” there shall be substituted the words“the age of 80”.
Amendment of regulation 64 of the Adjudication Regulations
4
1
Regulation 64 of the Adjudication Regulations (income support and social fund questions not immediately determinable) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (3)(e) shall cease to have effect.
3
In paragraph (3)(f) the word“suitable” shall be omitted.
4
After paragraph (3)(f) there shall be added the following paragraph–
g
whether regulation 10A of the Income Support (General) Regulations 1987 (circumstances in which a claimant is not required to seek employment actively or is treated as seeking employment actively) applies by virtue of paragraphs (3) or (4) of that regulation.
.
Amendment of regulation 69 of the Adjudication Regulations
5
1
Regulation 69 of the Adjudication Regulations (review in income support cases) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (3) there shall be substituted the following paragraphs–
3
Section 64A of the 1986 Act , (which relates to the effect of alterations in the component rates of income support) shall not apply to any award of income support in force in favour of a person where there is applicable to that person–
a
any amount determined in accordance with regulation 17(2) to (7) of the Income Support (General) Regulations 1987 ; or
b
any protected sum determined in accordance with Schedule 3A or 3B of those Regulations ; or
c
any transitional addition, personal expenses addition or special transitional addition applicable under Part II of the Income Support (Transitional) Regulations 1987 (transitional protection) .
3A
Where section 64A of the 1986 Act does not apply to an award of income support by virtue of paragraph (3), that award may be reviewed by an adjudication officer, or on a reference by him, by an appeal tribunal for the sole purpose of giving effect to any change made by an order under section 63 of the 1986 Act.
.
3
In paragraph (4)(c) the words“and paragraph (3) shall not apply in any such case” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
18th September 1989


text:
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
2
The Motor Cars (Driving Instruction) Regulations 1977 shall be further amended as follows.
3
In regulation 6, after sub-paragraph (c) there shall be inserted the following sub-paragraph–
ca
the theory of learning and the theory and practice of teaching and assessment;
.
4
In regulation 7A, for sub-paragraph (c) there shall be substituted the following sub-paragraph–
c
the vehicle shall not, during the conduct of any driving ability and fitness test, carry the distinguishing mark referred to in regulation 9(1)(b) of the Motor Vehicles (Driving Licences) Regulations 1987 or anything resembling such a distinguishing mark.
.
5
In the Table in regulation 13, for the entry in column 4 of items 3, 5 and 6 there shall be substituted in each case “£110”.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
3rd August 1989


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) Regulations 1989 and shall come into force on 12th August 1989.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Interpretation
2
1
In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say–
“aid” and “aid questions” have the meanings assigned thereto by paragraph 6 of Schedule 1 and “aided” means aided in pursuance of the Scheme;
“child” includes a step-child and a child adopted in pursuance of adoption proceedings and “father” and “mother” shall be construed accordingly and, notwithstanding the definition in section 114(1) of the Education Act 1944, includes a child who is over compulsory school age;
“designated fees” has the meaning assigned thereto by paragraph 12 of Schedule 1;
“employment” includes the holding of any office and any occupation for gain and “employed” shall be construed accordingly;
“European Community” means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
“financial year” has the meaning assigned thereto by paragraph 7 of Schedule 1;
“income” and “relevant income” have the meanings assigned thereto by paragraph 8 of Schedule 1;
“national of a member state of the European Community” means a person who is a national of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time for the purposes of the Community Treaties;
“public transport” has the meaning assigned thereto by paragraph 18(a) of Schedule 1;
“the Scheme” means the aided pupil scheme described in Schedule 1 as well as, in Regulation 5, the aided pupil scheme described in the Regulations revoked by Regulation 9.
2
Except where the context otherwise requires, in these Regulations any reference to a Regulation or Schedule is a reference to a Regulation or Schedule contained in these Regulations, any reference in a Regulation or Schedule to a paragraph is a reference to a paragraph of that Regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Reference to schools
3
1
Any reference in these Regulations to a school is a reference to any one of the following schools, namely–
The Chetham’s School of Music, Manchester;
The Purcell School, Harrow;
The Royal Ballet School, London;
The Wells Cathedral School, Somerset;
The Yehudi Menuhin School, Surrey,
being a school which has adopted the aided pupil scheme described in Schedule 1.
2
Except where the context otherwise requires, references to a school include references to the governing body thereof and persons acting with their authority.
References to parents
4
1
Subject t
1
Subject to paragraphs (2) and (3), and except where the context otherwise requires, any reference in these Regulations to the parents of a child or aided pupil is a reference–
a
in the ordinary case, to his father and mother or, where one is dead, to the survivor and, should he remarry, his spouse;
b
where his father or mother, having actual custody of him, has married a person who is not his parent, to that parent and his spouse;
c
where his parents, defined as in sub-paragraph (a), are divorced or, in any of the circumstances mentioned in paragraph (4), separated, to that one of them who has, or in pursuance of an order of a court is entitled to, actual custody of the child or pupil and, should that person being divorced remarry, his spouse;
d
where he has no parents defined as in sub-paragraphs (a), (b) and (c), to his guardian or guardians, if any;
e
where he has no parents so defined and no guardian, to the person or persons who have actual custody of the child or pupil.
2
Where a custodianship order made under section 33 of the Children Act 1975 is in force in respect of a child or pupil, his custodian and the spouse of the custodian (if any) shall be treated as the parents of the child or pupil for the purposes of these Regulations.
3
Where–
a
a child or aided pupil either has no parents defined as in paragraph (1)(a), (b), (c) or (d) or he has such parents but the school are satisfied that they cannot be found, and
b
he is either in the care of a local authority or in the care of a voluntary organisation within the meaning of section 88 of the Children Act 1975,
then, for the purposes of these Regulations, he shall be treated as a child whose parents have no income but, subject as aforesaid, any reference to his parents shall be construed as a reference to the authority or organisation in whose care he is.
4
The circumstances referred to in paragraph (1)(c) are that the parents are separated under an order of a court of competent jurisdiction, or by deed of separation or, where they are not separated as aforesaid, that either it is not reasonably practicable to find one of the parents or that, in pursuance of an order of a court–
a
one parent is liable to make periodic payments to or for the benefit of the other or one or more of their children, or
b
one parent has been given custody of, or access to, one or more of their children, or
c
one parent is prohibited from entering the matrimonial home.
PART II
GRANT
Grant in respect of aided pupil scheme
5
Subject to the provisions of this Part, the Secretary of State may, in respect of any school year, pay to each school grant in respect of their expenditure in operating the Scheme and the amount of the grant in respect of any school year shall equal the aggregate of–
a
the fees and charges for that year remitted by them, and
b
the grants made by them in that year,
in accordance with the Scheme.
Conditions of grant
6
The making of payments by way of such grant shall, in the case of each school, be subject to grant being claimed in accordance with Regulation 7 and the fulfilling of the conditions mentioned in Schedule 2 applicable in the case of the school.
Grant claims
7
1
Grant shall be claimed by a school in respect of such periods, not being less than a term, as appear to them appropriate but, subject as aforesaid, grant claims shall be submitted to the Secretary of State at such times, in such manner and form and be supported by such declarations and other information, as the Secretary of State may require.
2
Grant claims may be submitted on the basis of estimated expenditure (“provisional claims”) but where a provisional claim is submitted the school shall as soon as is reasonably practicable, submit a claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the original claim.
Payment of grant
8
1
Subject to Regulation 6, as soon as is reasonably practicable after he is satisfied as respects a grant claim, the Secretary of State shall pay the grant in pursuance of the claim without prejudice, however, where he considers it appropriate, to his making earlier payments on account in pursuance of the claim or in pursuance of a provisional claim in respect of the same period.
2
Any over-payment or under-payment of grant which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.
PART III
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation and transitional provisions
9
1
The Regulations specified in Schedule 3 are hereby revoked.
2
Any payment of grant in respect of expenditure incurred by a school in operating the aided pupil scheme described in the Regulations revoked by paragraph (1) shall be calculated as if those Regulations had not been revoked.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Merseyside County Archives etc.) Order 1989 and shall come into force on 7th July 1989.
2
In this Order–
“Liverpool” means Liverpool City Council;
“the Residuary Body” means the Merseyside Residuary Body;
“the transfer date” means 8th July 1989.
Transfer of the Merseyside County Archives
2
On the transfer date there shall vest in Liverpool–
a
all interests of the Residuary Body in and all rights and liabilities of that Body acquired or incurred in connection with the collection of records known as the Merseyside County Archives and the records of the former Merseyside County Council and the former Merseyside Police Authority held with those Archives;
b
any land held by the Residuary Body exclusively as accommodation for those Archives; and
c
any other property held by the Residuary Body exclusively for the purpose of those Archives.
Transfer of monies
3
1
Immediately before the transfer date, the Residuary Body shall set aside from their revenue balances the sum of £600,000.
2
On the transfer date the Residuary Body shall transfer to Liverpool the sum set aside in accordance with paragraph (1).
Continuity
4
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in connection with any interests, rights or liabilities which by virtue of this Order become interests, rights and liabilities of Liverpool shall, so far as is required for continuing its effect after the transfer date, have effect as if done by or in relation to Liverpool.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Nicholas Ridley
Secretary of State for the Environment
12th June 1989


text:
1
The length of road described in the schedule to this Order and shown by striped hatching on the deposited plan shall become a trunk road as from the date on which this Order comes into force.
2
In this Order –
“the deposited plan”means the plan numbered HA10/YHRO 21 marked “The A62 (Gelderd Road Gildersome Interchange) (Trunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
3
This Order shall come into force on 1st April 1989 and may be cited as the A62 (Gelderd Road, Gildersome Interchange) (Trunking) Order 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
6th March 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1989 and shall come into force in accordance with articles 2 to 5.
2
In this Order –
“the Document” means the document published by Her Majesty’s Stationery Office entitled “Science in the National Curriculum” ;
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Education Reform Act 1988;
references to levels of attainment are references to the levels set out in the Document in relation to each attainment target; and
references to ranges of levels of attainment are references to the range of levels of attainment specified for pupils of different abilities and maturities in respect of the key stage in question;
2
The provisions of this Order relating to the first key stage shall come into force –
a
on 1st August 1989 in respect of pupils in the first year of that key stage who have attained the age of five years by that date and who do not have a statement of special educational needs; and
b
on 1st August 1990 in respect of all other pupils.
3
The provisions of this Order relating to the second key stage shall come into force –
a
on 1st August 1990 in respect of pupils in the first year of that key stage;
b
on 1st August 1991 in respect of pupils in the second year of that key stage;
c
on 1st August 1992 in respect of pupils in the third year of that key stage; and
d
on 1st August 1993 in respect of all other pupils.
4
The provisions of this Order relating to the third key stage shall come into force –
a
on 1st August 1989 in respect of pupils in the first year of that key stage who do not have a statement of special educational needs;
b
on 1st August 1990 in respect of pupils in the first year of that key stage who have a statement of special educational needs and in respect of pupils in the second year of that key stage; and
c
on 1st August 1991 in respect of all other pupils.
5
The provisions of this order relating to the fourth key stage shall come into force –
a
on 1st August 1992 in respect of pupils in the first year of that key stage; and
b
on 1st August 1993 in respect of all other pupils.
Specification of attainment targets and programmes of study
6
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in articles 7 to 9 hereof for the purpose of specifying in relation to science –
a
attainment targets; and
b
programmes of study.
7
1
Schedule 1 has effect in accordance with paragraph (2) for specifying the attainment targets (including the ranges of levels of attainment) for each key stage.
2
Subject to paragraph (3), the attainment targets described in the Document and set out in column 2 of Schedule 1 to this Order are specified in relation to the key stages set out beside them in column 1 of that Schedule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
3
The attainment targets specified for a pupil in the fourth key stage are either those referred to as Model A or those referred to as Model B in column 2 of Schedule 1, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
8
1
Schedule 2 has effect in accordance with paragraph (2) for specifying the programmes of study for each key stage.
2
Subject to paragraph (3), the programmes of study described in the Document and set out in column 2 of Schedule 2 to this Order are specified in relation to the key stages set out beside them in column 1 of that Schedule.
3
The programme of study specified for a pupil in the fourth key stage is either that referred to as Model A or that referred to as Model B in column 2 of Schedule 2.
9
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by this Order.


text:
Citation and commencement
1
These Regulations may be cited as the Surface Waters (Classification) Regulations 1989 and shall come into force on 1st September 1989.
Classification of waters
2
The classifications prescribed by these Regulations apply only in relation to inland waters (including any lake or pond which, by virtue of an order made under section 103(5) of the Water Act 1989, is to be treated as a relevant lake or pond).
3
The classifications DW1, DW2 and DW3 and the criteria for those classifications set out in the Schedule to these Regulations shall apply for classifying waters by reference to their suitability for abstraction by water undertakers for supply (after treatment) as drinking water.
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:
1
This Order may be cited as the Finance Act 1989 (Recovery of Overpaid Tax and Administration) (Appointed Days) Order 1989.
2
Section 24 of the Finance Act 1989 shall come into force on 1st January 1990.
3
Section 25 of the Finance Act 1989 shall come into force on 4th December 1989.
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 1989


text:
1
The Cambridgeshire County Council (River Nene Old Course, Bodsey Bridge Reconstruction) Scheme 1989 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street London SW1P 3PY and at the offices of the Huntingdonshire District Council, Pathfinder House, St Marys Street, Huntingdon.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Cambridgeshire County Council (River Nene Old Course, Bodsey Bridge Reconstruction) Scheme 1989 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
Alan Whitfield
Regional Director Eastern Region
Department of Transport
21st September 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment No. 2 Regulations 1989 and shall come into force on 9th October 1989.
2
In these Regulations “the principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation)–
a
after the definition of “determining authority” there shall be inserted the following definition–
“employment or training programme” means a course or programme of rehabilitation or training which is established pursuant to arrangements made by the Secretary of State under section 2(1) of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employed earner’s employment;
;
b
after the definition of “local authority” there shall be inserted the following definition–
“Outward Bound course” means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;
;
c
after the definition of “preserved board” there shall be inserted the following definition–
“training allowance” means a training allowance paid under the Employment and Training Act 1973;
.
Insertion of regulation 6A in the principal Regulations
3
After regulation 6 of the principal Regulations (provisions relating to suspension of employment in employed earner’s employment) there shall be inserted the following regulation–
Requalification period
6A
1
Where paragraph (2) applies to a person during one or more of the 26 weeks referred to in subsection (2) of section 18 which applies in his case, for the reference to 26 weeks in that subsection there shall be substituted a reference to the period prescribed under paragraph (3).
2
This paragraph applies to a person in respect of any week if he does not work in employed earner’s employment for 16 hours or more and on at least one day in that week–
a
he was a person entitled to receive sickness benefit, invalidity pension, maternity allowance, invalid care allowance or severe disablement allowance; or
b
he was incapable of work for the purposes of section 14(1)(b) or treated as incapable of work by virtue of section 22(4); or
c
he was a person entitled to receive statutory sick pay within the meaning of section 1(1) of the Social Security and Housing Benefits Act 1982 or statutory maternity pay within the meaning of section 46(1) of the Social Security Act 1986; or
d
he was a person undergoing any employment or training programme for which a training allowance is payable.
3
For the purposes of paragraph (1), the period shall be either–
a
the period immediately preceding the day mentioned in section 18(2)(a) or (b) (as the case may be)–
i
which includes the last 26 weeks (whether consecutive or not) in respect of which paragraph (2) did not apply to the person, and
ii
which begins on the first day of those 26 weeks; or
b
78 weeks,
whichever is the shorter.
.
Amendment of regulation 7 of the principal Regulations
4
In regulation 7 of the principal Regulations (days not to be treated as days of unemployment or incapacity for work)–
a
in paragraph (1)–
i
sub-paragraph (a) shall be omitted, and
ii
the following sub-paragraph shall be substituted for sub-paragraph (d)–
d
where in any case the employment of a person is terminated and he receives compensation, a day shall not be treated as a day of unemployment if it is a day–
i
which falls within the ineligible period as defined in paragraph (5), and
ii
which falls within the period of 52 weeks beginning with the day following the termination of the employment;
;
b
after paragraph (4) there shall be added the following paragraphs–
5
For the purposes of paragraph (1)(d), “the ineligible period” is the period which begins on the day following the termination of the employment and ends–
a
in a case where the person who paid the compensation represents that it, or part of it, was paid in lieu of notice of termination of employment or on account of the early termination of a contract of employment for a term certain–
i
on the due date, unless sub-paragraph (b) of this paragraph also applies; or
ii
if that sub-paragraph does apply, on the date determined under it;
b
in a case where the person who paid the compensation represents that it, or part of it, was paid in lieu of consultation under section 99 of the Employment Protection Act 1975 , on the later of–
i
the day on which the consultation period under that section would have ended; and
ii
where sub-paragraph (a) of this paragraph also applies, the due date or, where that sub-paragraph does not apply, the standard date; or
c
in any other case, the standard date.
6
In this regulation–
“compensation” means any payment made to or for a person in respect of the termination of the employment other than–
a
any remuneration paid in respect of the period before the termination;
b
any holiday pay;
c
any payment not falling within paragraph (a) or (b) of this definition which is paid in respect of any emolument of the employment (whether in money or in kind) and which has accrued before the termination of the employment;
d
any redundancy payment within the meaning of section 81(1) of the Employment Protection (Consolidation) Act 1978; and
e
any refund of contributions to which he was entitled under an occupational pension scheme within the meaning of section 66(1) of the Pensions Act;
“due date”, in relation to the termination of a person’s employment, means whichever of the following dates is applicable in his case, that is to say–
the date on which any period of notice applicable to the person was due to expire or would have been due to expire if it had not been waived;
where he had a contract of employment for a term certain, the date on which it was due to expire;
and for the purpose of paragraph (a) of this definition “period of notice” means the period of notice of termination of employment to which a person is entitled by statute or by contract, whichever is the longer, or, if he is not entitled to such notice, that period of notice which is customary in the employment in question;
“the standard date” means the earlier of–
the due date; and
the last day of the period determined by–
dividing the amount of the compensation by the maximum weekly amount which, on the day following the day of termination of employment, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978 , and
treating the result (less any fraction of a whole number) as a number of weeks;
“week” means any period of 7 days (including a Sunday).
.
Insertion of regulation 7B in the principal Regulations
5
After regulation 7A of the principal Regulations (days deemed to be days of entitlement to sickness benefit) there shall be inserted the following regulation–
Restrictions on availability for employment
7B
1
Subject to paragraphs (2) to (5), a day shall not be treated as a day of unemployment in relation to a person if it falls within a week which includes one or more days in respect of which he imposes restrictions on the nature, hours, rate of remuneration, locality or other conditions of employment which he is prepared to accept.
2
Paragraph (1) shall not apply if the person shows that he has a reasonable prospect of securing employment notwithstanding those restrictions.
3
For the purposes of paragraph (2), in deciding whether a person has a reasonable prospect of securing employment regard shall be had, in particular, to the length of the period during which the person has been unemployed.
4
Paragraph (1) shall not apply in relation to a day–
a
where the restrictions would not prevent the person from having reasonable prospects of securing employment but for the existence of adverse industrial conditions, in the locality or localities concerned, which may reasonably be regarded as temporary; or
b
where the restrictions are reasonable in view of the person’s physical or mental condition; or
c
subject to paragraph (5), where the person who has imposed the restrictions has a usual occupation and those restrictions relate to it and are consistent with conditions which are usual in that occupation.
5
Paragraph (4)(c) applies in relation to a person only for such period as may be determined in his case in accordance with paragraph (6); and any such period–
a
shall begin on the first day for which he makes a claim for unemployment benefit since the last day on which he was in employment, or in vocational training in his usual occupation, or incapable of work; and
b
shall end not more than 13 weeks after it begins.
6
In determining the length of any period for the purposes of paragraph (5) regard shall be had to–
a
the person’s usual occupation and any relevant skills and qualifications which he has acquired;
b
the length of the periods during which the person has undergone training relevant to his usual occupation;
c
the length of the periods during which the person has been employed in his usual occupation and the period since he was last so employed; and
d
the availability and location of employment in his usual occupation.
.
Insertion of regulations 12B to 12H in the principal Regulations
6
The following regulations shall be inserted after regulation 12A of the principal Regulations (persons deemed available where a doubt has arisen about availability)–
Steps to be taken by persons actively seeking employment
12B
1
Subject to the following paragraphs of this regulation, the steps which a person is required to take in any week if he is to be regarded as actively seeking employment in that week shall be such of the steps which are reasonable in his case as offer him his best prospects of receiving offers of employment.
2
In determining for the purposes of this regulation whether in any week a person has taken the steps which are reasonable in his case regard shall be had to all the circumstances of the case, including, in particular–
a
his skills, qualifications, abilities and physical or mental limitations;
b
the time which has elapsed since he was last in employment and his work experience;
c
the steps which he has taken in previous weeks to seek employment;
d
the availability and location of vacancies in employment;
e
any time during which he was–
i
engaged in activities mentioned in regulation 9 (lifeboatmen and firemen);
ii
engaged, during an emergency, in the duties mentioned in regulation 10 (persons undertaking duties in an emergency);
iii
undertaking voluntary work;
iv
attending an Outward Bound course;
v
participating in an employment or training programme for which a training allowance is not payable;
vi
participating in any course of vocational training or study;
vii
in the case of a blind person, participating in a course of training in the use of guide dogs;
f
whether he has applied for, or accepted a place on, or participated in a course or programme the cost of which is met in whole or in part out of central funds or by the European Economic Community and the purpose of which is to assist persons to select, train for, obtain and retain employment or self-employed earner’s employment; and
g
where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accomodation.
3
For the purposes of this regulation the taking of one step on a single occasion during a week shall not be sufficient unless taking that step on that occasion is all that it is reasonable for the person in question to do in that week.
4
For the purposes of this regulation “steps” include–
a
oral or written applications (or both) for employment made to persons–
i
who have advertised the availability of employment; or
ii
who appear to be in a position to offer employment;
b
seeking information on the availability of employment from–
i
advertisements;
ii
persons who have placed advertisements which indicate the availability of employment;
iii
employment agencies and employment businesses;
iv
employers;
c
registration with an employment agency or employment business;
d
appointment of a third party to assist the person in question in finding employment.
5
In this regulation–
“employment” means employed earner’s employment except in the expressions “self-employed earner’s employment”, “employment agency” and “employment business”;
“employment agency” and “employment business” mean an employment agency or (as the case may be) employment business, within the meaning of the Employment Agencies Act 1973 , in respect of which a person holds a current licence within the meaning of that Act.
Meaning of week
12C
1
For the purposes of section 17(1)(a)(i) (requirement to seek work actively) “week”, in the case of any person, means–
a
except where sub-paragraph (b) of this paragraph applies, each of the successive periods which begin immediately after a relevant day and end with the next relevant day in the period of interruption of employment in question;
b
where the Secretary of State has directed the person to attend at an unemployment benefit office on more than one day in any period of 7 days for the purpose of claiming unemployment benefit, each of the periods of 7 days (whether overlapping or not) which end with the last day to which each successive claim relates.
2
Subject to paragraph (4), for the purposes of paragraph (1)(a)–
a
the first relevant day in relation to a period of interruption of employment shall be the day immediately preceding the first day in that period for which the person in question claims unemployment benefit; and
b
the last relevant day in relation to a period of interruption of employment shall be the last day of that period.
3
Subject to paragraph (4), for the purposes of paragraph (1)(a)–
a
if the Secretary of State has given written notice to the person in question to attend at an unemployment benefit office on a particular week-day then in each period of 7 days during the currency of the notice that week-day shall be a relevant day in his case;
b
if the Secretary of State has directed the person in question to attend at an unemployment benefit office for the purpose of claiming unemployment benefit on a day which falls after the last day to which that claim relates, that last day shall be a relevant day in his case;
c
in any case not falling within sub-paragraph (a) or (b) of this paragraph, in each period of 7 days the week-day which corresponds to the preceding relevant day shall be a relevant day in his case.
4
Where, in the application of paragraph (2) or (3), two or more relevant days would fall within any period of 7 days during the period of interruption of employment, all but the later or latest of those days shall be disregarded.
5
For the purposes of paragraphs (1)(b) and (3)(b) “directed” means directed by a direction to which regulation 8 (attendance in person at an unemployment benefit office) of the Social Security (Claims and Payments) Regulations 1987 refers and for the purposes of paragraph (3)(a), “written notice” means any notice in writing to which paragraph 1 of Schedule 5 (variation of prescribed times for claiming unemployment benefit) to those Regulations refers.
Persons deemed to be actively seeking employment
12D
1
A person shall be deemed to be actively seeking employment in respect of–
a
the week which includes the first day for which a claim for unemployment benefit is made since that person was last–
i
in employment, or
ii
participating in an employment or training programme for which a training allowance is payable,
for a period of not less than 6 consecutive days (disregarding Sundays);
b
the week which includes the last day of unemployment in any spell of unemployment;
c
subject to paragraph (2), weeks in respect of which he has given written notice to the Secretary of State that–
i
he does not intend to be actively seeking employment, but
ii
he does intend to reside at a place other than his usual place of residence for at least one day;
d
any week during which he is deemed available for employed earner’s employment for not less than 3 days under either regulation 9 (lifeboatmen and firemen) or regulation 10 (persons undertaking duties in an emergency);
e
any week during which he is participating for not less than 3 days in an employment or training programme for which a training allowance is not payable unless that week falls immediately after a period of 5 consecutive weeks during which he has been participating in such a programme;
f
any week in a single period not exceeding 8 weeks during which a person is taking active steps to establish himself in employment as a self-employed earner under any scheme for assisting claimants to become self-employed earners established pursuant to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 ; and, where the scheme requires claimants to attend a meeting before they can apply to participate under it, the period shall begin with the week in which he attends such a meeting.
2
In any period of 12 months a person shall be deemed to be actively seeking employment under paragraph (1)(c) only for the number of weeks specified in one of the following sub-paragraphs–
a
a maximum of 2 weeks, whether consecutive or not; or
b
a maximum of 3 weeks, whether consecutive or not, during which he is attending for at least 3 days in each such week an Outward Bound course; or
c
if he is a blind person, a maximum of 4 weeks, whether consecutive or not, during which he is participating for at least 3 days in each such week in a course of training in the use of guide dogs.
3
In this regulation–
“spell of unemployment” means any period of one or more days on which a person is unemployed; and any two or more such periods not separated by a period of more than 3 consecutive days which in relation to that person are not days of unemployment shall be treated as one spell of unemployment;
“week” shall have the same meaning as in regulation 12C.
Matters to be taken into account in determining good cause
12E
1
This regulation shall have effect for the purposes of section 20(1) (disqualification for unemployment benefit).
2
Subject to paragraphs (3) to (5), in determining whether a person does or does not have good cause for any act or omission for the purposes of subsection (1) (b) to (g) of that section the matters which are to be taken into account shall include the following–
a
any condition or personal circumstance of that person which indicates that a particular employment, official recommendation or course of training would be likely to or did–
i
cause serious harm to his health; or
ii
subject him to excessive physical or mental stress;
b
any religious or conscientious objection, sincerely held by the person, to his undertaking a particular employment, or following a particular official recommendation or participating in a particular course of training;
c
any responsibility for the care of another member of his household which would, or did, make it unreasonable for the person to undertake a particular employment, follow a particular official recommendation or participate in a particular course of training;
d
the time it took, or would normally take, for the person to travel from his home to the place of the employment or training and back to his home by a route and means appropriate to his circumstances and to the employment or training;
e
the expenses which were, or would be, necessarily and exclusively, incurred by the person for the purposes of the employment or training, together with any expenses of travelling to and from the place of the employment or training by a route and means appropriate to his circumstances, if those expenses did, or would, represent an unreasonably high proportion of–
i
in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment; or
ii
in the case of training, the income which he received, or would receive, from participation in that training.
3
For the purposes of paragraph (2)(e), in considering whether expenses did, or would, represent an unreasonably high proportion of remuneration or income, the principle shall apply that the greater the level of remuneration or income the higher the proportion thereof which it is reasonable should be represented by expenses.
4
Subject to paragraphs (5) and (6), a person is not to be regarded as having good cause for any act or omission for the purposes of subsection (1)(b) to (g) of section 20 if, and to the extent that, the reason for that act or omission relates to–
a
his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to participate in training, or did have whilst participating in training; but for the purposes of this sub-paragraph a person’s outgoings shall not include any expenses taken into account under paragraph (2)(e);
b
the time it took, or would normally take, for the person to travel from his home to the place of the employment, or the place of the training, and back to his home where that time was or is normally less than one hour either way by a route and means appropriate to his circumstances and to the employment, or training, unless, in view of the health of the person or any responsibility for the care of another member of his household, that time was or is unreasonable.
5
Where a person has undergone training for a particular kind of employment for a period of not less than 2 months, for the purposes of subsection (1)(b) to (d) of section 20, a person is to be regarded as having good cause for a period of 4 weeks following the last day of the week in which the training ends for–
a
refusing or failing to apply for, or refusing to accept, employment of any other kind when offered to him;
b
neglecting to avail himself of a reasonable opportunity of employment of any other kind;
c
refusing or failing to carry out an official recommendation given to him with a view to assisting him to find employment of any other kind.
6
Where a person has been notified by an agency, or by or on behalf of an employer, of a situation in any employment which is or is about to become vacant, that person shall be regarded–
a
for the purposes of paragraph (b) of section 20(1) as having good cause for refusing or failing to apply for, or for refusing to accept, that situation, and
b
accordingly, for the purposes of paragraph (c) of that provision, as having good cause for neglecting to avail himself of that opportunity of employment,
unless one of the conditions specified in paragraph (7) is satisfied.
7
The conditions referred to in paragraph (6) are–
a
that the situation has also been notified to the person in question by the Secretary of State;
b
that the situation is a qualifying former employment of that person.
8
For the purposes of paragraph (7)(b) a situation is a qualifying former employment of any person if–
a
it is a situation offered by an employer for whom he has previously worked or by an employer who has succeeded that employer;
b
he has a right to return to work for the former employer (or any successor of his);
c
not more than one year has elapsed between–
i
the date when he last worked for that employer; and
ii
the date when the question under section 20(1)(b) or (c) arises; and
d
the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.
9
In this regulation–
a
“agency” means any agency referred to in the definition of “properly notified” in section 20(5), other than the Secretary of State;
b
except in paragraph (5), “training” means training under an approved training scheme.
Permitted period
12F
1
For the purposes of section 20A(3) (exemptions from disqualification for unemployment benefit), the permitted period shall not be less than a period of 7 days (including a Sunday) and any such period–
a
shall begin on the first day for which a person makes a claim for unemployment benefit since the last day on which he was in employment, or in vocational training in his usual occupation, or incapable of work; and
b
shall end not more than 13 weeks after it begins.
2
In determining the permitted period in any case, regard shall be had to–
a
the person’s usual occupation and any relevant skills and qualifications which he has acquired;
b
the length of the periods during which the person has undergone training relevant to his usual occupation;
c
the length of the periods during which the person has been employed in his usual occupation and the period since he was last so employed;
d
the consideration that the more skilled the usual occupation and the greater the extent to which the skills in that occupation have been exercised recently, the longer the permitted period;
e
the availability and location of employment in his usual occupation;
f
any determination made under regulation 7B (restrictions on availability for employment).
Trial periods
12G
1
A person shall be of a prescribed description for the purposes of section 20A(2) (exemption from disqualification for unemployment benefit) and shall not be disqualified under the provisions mentioned in that subsection if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been in full-time education, during the period of 26 weeks preceding the day of the commencement of the employment.
2
For the purposes of the definition of “trial period” in section 20A(3)–
a
the day on which the person’s employment is to be regarded as commencing shall be the Sunday of the week in which the person enters the employment;
b
in determining the time at which the sixth or twelfth weeks of a trial period ends any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.
Meaning of employment
12H
For the purposes of section 20(1)(b) and (c) “employment” means employment in which a person is employed for 24 or more hours per week.
.
Amendment of regulation 16 of the principal Regulations
7
In regulation 16 of the principal Regulations (special provisions relating to delay or failure in making or prosecuting a claim), for the words from “but subject to section 79(4)” to the end there shall be substituted the following words, “be treated as having been entitled to benefit for that day except where he satisfies the adjudication officer that he did not intend, by that delay or failure, to avoid the necessity of requalifying for benefit.”.
Omission of regulation 21 of the principal Regulations
8
Regulation 21 of the principal Regulations (additional condition with respect to the receipt of unemployment benefit by seasonal workers) shall be omitted.
Amendment of regulation 23 of the principal Regulations
9
In regulation 23 of the principal Regulations (interpretation), in the definition of “pension payments” for the words “occupational pension” there shall be substituted the words “occupational or personal pension”.
Amendment of regulation 25 of the principal Regulations
10
In regulation 25 of the principal Regulations (disregard of pension payments on account of redundancy)–
a
in paragraph (1)(b), after the words “occupational pension scheme” there shall be inserted the words “or personal pension scheme”;
b
after paragraph (2) there shall be inserted the following paragraph–
3
In this regulation “personal pension scheme” means any personal pension scheme within the meaning of paragraph (c) or (e) of the definition of “payments by way of occupational or personal pension” in section 5(3) of the 1980 Act and any contract or trust, other than an occupational pension scheme, which falls within paragraph (d) of that definition.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
28th July 1989