text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Pressure Systems and Transportable Gas Containers Regulations 1989 and shall come into force in accordance with the provisions of Part I of Schedule 1.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“approved design standard” and “approved design specification” means a design standard or design specification, as the case may be, approved under regulation 16(2)(a);
“competent person” means a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate; and accordingly any reference in these Regulations to a competent person performing a function includes a reference to his performing it through his employees;
“danger” in relation to a pressure system, means reasonably foreseeable danger to persons from system failure, but (except in the case of steam) it does not mean danger from the hazardous characteristics of the relevant fluid other than from its pressure;
“design specification” means a specification for the design of one type of transportable gas container;
“design standard” means a standard for the design of more than one type of transportable gas container;
“ EEC – type cylinder” has the meaning assigned by regulation 16(2)(b);
“examination” means a careful and critical scrutiny of a pressure system, part of a pressure system or transportable gas container, in or out of service as appropriate, using suitable techniques, including testing where appropriate, to assess–
its actual condition; and
whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out, and for this purpose “normal maintenance” means such maintenance as it is reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system or transportable gas container) to ensure is carried out independently of any advice from the competent person making the examination;
“ the Executive ” means the Health and Safety Executive;
“ framework directive ” means Council Directive 76/767/EEC concerning the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them ;
“installed system” means a pressure system other than a mobile system;
“mobile system” means a pressure system which can be readily moved between and used in different locations but it does not include a steam locomotive;
“owner” in relation to a pressure system or transportable gas container means the employer or self-employed person who owns the pressure system or transportable gas container or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if there is no such agent, the user;
“pipeline” means a pipe or system of pipes used for the conveyance of relevant fluid across the boundaries of premises, together with any apparatus for inducing or facilitating the flow of relevant fluid through, or through a part of, the pipe or system, and any valves, valve chambers, pumps, compressors and similar works which are annexed to, or incorporated in the course of, the pipe or system;
“pipework” means a pipe or system of pipes together with associated valves, pumps, compressors and other pressure containing components and includes a hose or bellows but does not include a pipeline or any protective devices;
“pressure system” means–
a system comprising one or more pressure vessels of rigid construction, any associated pipework and protective devices;
the pipework with its protective devices to which a transportable gas container is, or is intended to be, connected; or
a pipeline and its protective devices;
which contains or is liable to contain a relevant fluid, but does not include a transportable gas container;
“protective devices” means devices designed to protect the pressure system against system failure and devices designed to give warning that system failure might occur, and include bursting discs;
“relevant fluid” means–
steam;
any fluid or mixture of fluids which is at a pressure greater than 0.5 bar above atmospheric pressure, and which fluid or mixture of fluids, is–
a gas, or
a liquid which would have a vapour pressure greater than 0.5 bar above atmospheric pressure when in equilibrium with its vapour at either the actual temperature of the liquid or 17.5 degrees Celsius; or
a gas dissolved under pressure in a solvent contained in a porous substance at ambient temperature and which could be released from the solvent without the application of heat;
“safe operating limits” means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;
“scheme of examination” means the written scheme referred to in regulation 8;
“ separate directives ” means Council Directives 84/525/EEC , 84/526/EEC and 84/527/EEC concerning the approximation of the laws of the Member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders respectively;
“system failure” means the unintentional release of stored energy (other than from a pressure relief system) from a pressure system or transportable gas container;
“transportable gas container” means a container, including any permanent fitting of such a container, which is used, or, is intended to be used, to contain a relevant fluid and is–
designed to be transportable for the purpose of refilling and has an internal volume of at least 0.5 litres and not greater than 3,000 litres;
a non-refillable container having an internal volume of at least 1.4 litres and not greater than 5 litres; or
for the purposes of regulation 17(3) only, a non-refillable container;
“user” in relation to a pressure system, or a vessel to which Part IV applies, means the employer or self-employed person who has control of the operation of the pressure system or such a vessel, or in the case of a pressure system or such a vessel at or in a mine or any part of a quarry (both within the meaning of Section 180 of the Mines and Quarries Act 1954 ), it means the manager for the time being of that mine or that part of the quarry.
2
In these Regulations, unless the context otherwise requires, any reference to–
a
a numbered regulation, Part or Schedule is a reference to the regulation, Part or a Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to that paragraph so numbered in the regulation or Schedule in which that reference appears.
Application and duties
3
1
Subject to Schedule 2 (which sets out exceptions to the Regulations)–
a
Part II shall apply to or in relation to pressure systems and transportable gas containers;
b
Part III shall apply to or in relation to pressure systems;
c
Part V shall apply to or in relation to transportable gas containers,
which are used or intended to be used at work.
2
Any requirement or prohibition imposed by these Regulations on an employer in respect of the activities of his employees shall also extend to a self-employed person in respect of his own activities at work.
3
Any requirement or prohibition imposed by these Regulations on a person–
a
who designs, manufactures, imports or supplies any pressure system or transportable gas container, or any article which is intended to be a component part of any pressure system or transportable gas container, shall extend only to such a system, container or article designed, manufactured, imported or supplied in the course of a trade, business or other undertaking carried on by him (whether for profit or not);
b
who designs or manufactures such a system, container or article, shall extend only to matters within his control.
4
The provisions of Schedule 3 (which relate to the modification of duties in cases where pressure systems are supplied by way of lease, hire or other arrangements) shall have effect.
PART II
GENERAL
Design, construction, repair, and modification
4
1
Any person who designs, manufactures, imports, or supplies any pressure system or transportable gas container, or any article which is intended to be a component part of any pressure system or transportable gas container, shall ensure that paragraphs (2) to (5) are complied with.
2
The pressure system, transportable gas container, or article, as the case may be, shall be properly designed and properly constructed from suitable material, so as to prevent danger.
3
The pressure system, transportable gas container or article, as the case may be, shall be so designed and constructed that all necessary examinations for preventing danger can be carried out.
4
Where the pressure system has any means of access to its interior, it shall be so designed and constructed as to ensure, so far as practicable, that access can be gained without danger.
5
The pressure system and transportable gas container shall be provided with such protective devices as may be necessary for preventing danger; and any such device designed to release contents shall do so safely, so far as is practicable.
6
The employer of a person who modifies or repairs a pressure system or transportable gas container at work shall ensure that nothing about the way in which it is modified or repaired gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.
PART III
PRESSURE SYSTEMS
Provision of information and marking
5
1
Any person who–
a
designs for another any pressure system or any article which is intended to be a component part thereof; or
b
supplies (whether as manufacturer, importer or in any other capacity) any pressure system or any such article,
shall provide sufficient written information concerning its design, construction, examination, operation and maintenance as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.
2
The employer of a person who modifies or repairs any pressure system shall provide sufficient written information concerning the modification or repair as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.
3
The information referred to in paragraph (1) or (2) shall–
a
in the case of paragraph (1)(a), be provided with the design;
b
in the case of paragraph (1)(b), be provided with the pressure system or article when it is supplied by that person;
c
in the case of paragraph (2), be provided to the user of the system immediately after the modification or repair.
4
Any person who manufactures a pressure vessel shall ensure that before it is supplied by him the information specified in Schedule 4 is marked on the vessel, or on a plate attached to it, in a visible, legible and indelible form; and no person shall import a pressure vessel unless it is so marked.
5
No person shall remove from a pressure vessel any mark or plate containing any of the information specified in Schedule 4.
6
No person shall falsify any mark on a pressure system, or on a plate attached to it, relating to its design, construction, test or operation.
Installation
6
The employer of a person who installs a pressure system at work shall ensure that nothing about the way in which it is installed gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.
Safe operating limits
7
1
The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has established the safe operating limits of that system.
2
The owner of a mobile system shall, if he is not also the user of it–
a
supply the user with a written statement specifying the safe operating limits of that system established pursuant to paragraph (1); or
b
ensure that the system is legibly and durably marked with such safe operating limits and that the mark is clearly visible.
Written scheme of examination
8
1
The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has a written scheme for the periodic examination, by a competent person, of the following parts of the system, that is to say–
a
all protective devices;
b
every pressure vessel and every pipeline in which (in either case) a defect may give rise to danger; and
c
those parts of the pipework in which a defect may give rise to danger,
and such parts of the system shall be identified in the scheme.
2
The said user or owner shall–
a
ensure that the scheme has been drawn up, or certified as being suitable, by a competent person;
b
ensure that–
i
the content of the scheme is reviewed at appropriate intervals by a competent person for the purpose of determining whether it is suitable in current conditions of use of the system; and
ii
the content of the scheme is modified in accordance with any recommendations made by that competent person arising out of that review.
3
No person shall draw up or certify a scheme of examination under paragraph (2)(a) unless the scheme is suitable and–
a
specifies the nature and frequency of examination;
b
specifies any measures necessary to prepare the pressure system for safe examination other than those it would be reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system) to take without specialist advice; and
c
where appropriate, provides for an examination to be carried out before the pressure system is used for the first time.
4
References in paragraphs (2) and (3) to the suitability of the scheme are references to its suitability for the purposes of preventing danger from those parts of the pressure system included in the scheme.
Examination in accordance with the written scheme
9
1
Subject to paragraph (7), the user of an installed system and the owner of a mobile system shall–
a
ensure that those parts of the pressure system included in the scheme of examination are examined by a competent person within the intervals specified in the scheme and, where the scheme so provides, before the system is used for the first time; and
b
before each examination take all appropriate safety measures to prepare the system for examination, including any such measures as are specified in the scheme of examination pursuant to regulation 8(3)(b).
2
Where a competent person undertakes an examination for the purposes of paragraph (1) he shall carry out that examination properly and in accordance with the scheme of examination.
3
Where a competent person has carried out an examination for the purposes of paragraph (1) he shall, subject to paragraph (4) and regulation 13(4), make a written report of the examination, sign or otherwise authenticate it, date it and send it to the user (in the case of an installed system) or owner (in the case of a mobile system); and the said report shall be so sent as soon as is practicable after completing the examination (or, in the case of integrated installed systems where the examination is part of a series, as soon as is practicable after completing the last examination in that series), and in any event to arrive–
a
within 28 days of the completion of the examination (or, in the case of integrated installed systems where the examination is part of a series, within 28 days of the completion of the last examination in that series); or
b
before the date specified in the report under paragraph (5)(b),
whichever is sooner.
4
Where the competent person referred to in paragraph (3) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to send the report to the user or owner shall not apply, but he shall make the report by the time it would have been required to have been sent to him under that paragraph if he had not been the competent person.
5
The report required by paragraph (3) shall–
a
state which parts of the pressure system have been examined, the condition of those parts and the results of the examination;
b
specify any repairs or modifications to, or changes in the established safe operating limits of, the parts examined which, in the opinion of the competent person, are necessary to prevent danger or to ensure the continued effective working of the protective devices, and specify the date by which any such repairs or modifications must be completed or any such changes to the safe operating limits must be made;
c
specify the date within the limits set by the scheme of examination after which the pressure system may not be operated without a further examination under the scheme of examination; and
d
state whether in the opinion of the competent person the scheme of examination is suitable (for the purpose of preventing danger from those parts of the pressure system included in it) or should be modified, and if the latter state the reasons.
6
The user of an installed system and the owner of a mobile system which has been examined under this regulation shall ensure that the system is not operated, and no person shall supply such a mobile system for operation, after (in each case)–
a
the date specified under paragraph (5)(b), unless the repairs or modifications specified under that paragraph have been completed, and the changes in the established safe operating limits so specified have been made; or
b
the date specified under paragraph (5)(c) (or, if that date has been postponed under paragraph (7), the postponed date) unless a further examination has been carried out under the scheme of examination.
7
The date specified in a report under paragraph (5)(c) may be postponed to a later date by agreement in writing between the competent person who made the report and the user (in the case of an installed system) or owner (in the case of a mobile system) if–
a
such postponement does not give rise to danger;
b
only one such postponement is made for any one examination; and
c
such postponement is notified by the user or owner in writing to the enforcing authority for the premises at which the pressure system is situated, before the date specified in the report under paragraph (5)(c).
8
Where the competent person referred to in paragraph (7) is the user (in the case of an installed system) or owner (in the case of a mobile system) the reference in that paragraph to an agreement in writing shall not apply, but there shall be included in the notification under sub-paragraph (c) of that paragraph a declaration that the postponement will not give rise to danger.
9
The owner of a mobile system shall ensure that the date specified under paragraph (5)(c) is legibly and durably marked on the mobile system and that the mark is clearly visible.
Action in case of imminent danger
10
1
If the competent person carrying out an examination under the scheme of examination is of the opinion that the pressure system or part of the pressure system will give rise to imminent danger unless certain repairs or modifications have been carried out or unless suitable changes to the operating conditions have been made, then without prejudice to the requirements of regulation 9, he shall forthwith make a written report to that effect identifying the system and specifying the repairs, modifications or changes concerned and give it–
a
in the case of an installed system, to the user; or
b
in the case of a mobile system, to the owner and to the user, if any,
and the competent person shall within 14 days of the completion of the examination send a written report containing the same particulars to the enforcing authority for the premises at which the pressure system is situated.
2
Where a report is given in accordance with paragraph (1) to–
a
the user of a pressure system, he shall ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated;
b
the owner of a mobile system, he shall take all reasonably practicable steps to ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated,
until the repairs, modifications or changes, as the case may be, have been carried out or made.
3
Where the competent person referred to in paragraph (1) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to give the report to the user or owner shall not apply, and the reference in paragraph (2) to the giving of the report to the user or owner shall be construed as a reference to the making of the report by him.
Operation
11
1
The user of an installed system and the owner of a mobile system shall provide for any person operating the system adequate and suitable instructions for–
a
the safe operation of the system; and
b
the action to be taken in the event of an emergency.
2
The user of a pressure system shall ensure that it is not operated except in accordance with the instructions provided in respect of that system under paragraph (1)(a).
Maintenance
12
The user of an installed system and the owner of a mobile system shall ensure that the system is properly maintained in good repair, so as to prevent danger.
Keeping of records, etc
13
1
The user of an installed system and the owner of a mobile system shall, subject to paragraph (4), keep the following documents or copies thereof:–
a
the last report relating to the system made by the competent person pursuant to regulation 9(3);
b
any such previous reports if they contain information which will materially assist in assessing whether–
i
the system is safe to operate, or
ii
any repairs or modifications to the system can be carried out safely;
c
any documents provided pursuant to regulation 5 which relate to those parts of the pressure system included in the scheme of examination; and
d
any agreement made pursuant to regulation 9(7), and, in a case to which regulation 9(8) applies, a copy of the notification referred to in regulation 9(7)(c), until a further examination has been carried out since that agreement or notification under the scheme of examination.
2
The documents required to be kept by this regulation shall be kept–
a
in the case of an installed system, at the premises where the system is installed, or at other premises approved for the purposes of this sub-paragraph by the enforcing authority responsible for enforcing these Regulations at the premises where the system is installed;
b
in the case of a mobile system, at the premises in Great Britain from which the deployment of the system is controlled.
3
Where the user or owner of a pressure system or part thereof changes, the previous user or owner shall as soon as is practicable give to the new user or owner all documents (relating to the system or part thereof, as the case may be) kept by him under this regulation, or copies thereof.
4
Subject to paragraph (6) it shall be sufficient compliance with regulation 9(3) if the individual making the examination enters his report in a computer and duly authenticates it as soon as is practicable after completing the examination (or, in the case of integrated installed systems where the examination is part of a series, as soon as is practicable after completing the last examination in that series), and in any event by the time referred to in regulation 9(3)(a) or (b), whichever is sooner; and in such a case it shall be sufficient compliance with sub-paragraphs (a) or (b) of paragraph (1) if the report is kept by the user in a computer.
5
Where the procedure referred to in paragraph (4) is used in respect of the reports mentioned in sub-paragraph (a) or (b) of paragraph (1) and the user or owner of the pressure system or part thereof changes, the previous user or owner shall provide in writing to the new user or owner the information contained in those reports.
6
The procedure referred to in paragraph (4) may only be used if the report–
a
is capable of being reproduced as a written copy when required at the premises referred to in the appropriate sub-paragraph in paragraph (2);
b
is secure from loss or unauthorised interference; and
c
can be authenticated only by the individual making the examination.
7
In this regulation “computer” means the computer system including the software.
PART IV
PRECAUTIONS TO PREVENT PRESSURISATION OF CERTAIN VESSELS
Application
14
This Part shall apply to a vessel–
a
which is constructed with a permanent outlet to the atmosphere or to a space where the pressure does not exceed atmospheric pressure; and
b
which could become a pressure vessel if that outlet were obstructed.
Precautions to prevent pressurisation
15
The user of a vessel to which this Part applies shall ensure that the outlet referred to in regulation 14(a) is at all times kept open and free from obstruction when the vessel is in use.
PART V
TRANSPORTABLE GAS CONTAINERS
Design standards, approval and certification
16
1
No person shall–
a
supply for the first time;
b
import; or
c
manufacture and use,
a transportable gas container unless the conditions specified in sub-paragraphs (a) or (b) of paragraph (2) have been met.
2
The conditions referred to in paragraph (1) are–
a
the container has been verified (either by certificate in writing or by means of stamping the container) as conforming to a design standard or design specification approved by the Executive–
i
by a person or body of persons corporate or unincorporate approved by the Executive for the purposes of this paragraph, or
ii
in accordance with a quality assurance scheme approved by the Executive; or
b
the container is an EEC-type cylinder, that is–
i
there is an EEC Verification Certificate in force in respect of it issued by an inspection body which, under the law of any Member State, is authorised to grant such a Certificate for the purposes of the framework directive and the separate directive relating to that type of cylinder, or, in the case of a cylinder not subject to EEC verification under any of the separate directives, it conforms to the requirements of the framework directive and the separate directive relating to that type of cylinder, and
ii
it bears all the marks and inscriptions required by the framework directive and the separate directive relating to that type of cylinder.
3
Any approval under this regulation shall be by a certificate in writing, may be made subject to conditions and may be revoked by a certificate in writing at any time.
4
Schedule 5 shall have effect with respect to fees for approvals under this regulation.
5
In paragraph (1)(a) the reference to supplying a transportable gas container for the first time is a reference to supplying an unused transportable gas container, that is, one from which a relevant fluid has not been used.
Filling of containers
17
1
The employer of a person who is to fill a transportable gas container with a relevant fluid at work shall ensure that before it is filled that person–
a
checks from the marks on the cylinder that–
i
it appears to have undergone proper examinations at appropriate intervals by a competent person (unless the manufacturer’s mark reveals that such an examination is not yet due), and
ii
it is suitable for containing that fluid; and
b
makes all other appropriate safety checks.
2
The employer of a person who fills a transportable gas container with a relevant fluid at work shall ensure that that person–
a
checks that after filling it is within its safe operating limits;
b
checks that it is not overfilled; and
c
removes any excess fluid in a safe manner in the event of overfilling.
3
An employer shall ensure that no person employed by him refills at work a non-refillable container with a relevant fluid.
Examination of containers
18
1
The owner of a transportable gas container shall, for the purpose of determining whether it is safe, ensure that the container is examined at appropriate intervals by a competent person.
2
Where a competent person undertakes an examination for the purposes of paragraph (1), he shall carry out that examination properly, and if on completing the examination he is satisfied that the container is safe, he shall ensure that there is affixed to the container a mark showing the date of the examination.
3
No person other than the competent person or person authorised by him shall affix to a transportable gas container the mark referred to in paragraph (2) or a mark liable to be confused with it.
Modifications of containers
19
1
Subject to paragraph (2),
a
an employer shall ensure that no person employed by him modifies at work the body of a transportable gas container–
i
of seamless construction; or
ii
which has contained acetylene;
b
an employer shall ensure that no person employed by him modifies at work the body of any other type of transportable gas container if that modification would put the transportable gas container outside the scope of the design standard or design specification to which it was originally constructed;
c
a person shall not supply any modified transportable gas container for use unless following such work a person or body of persons approved by the Executive for the purposes of regulation 16(2)(a)(i) has marked or certified it as being fit for use, or, in the case of an EEC-type cylinder, an inspection body referred to in regulation 16(2)(b)(i) has so marked or certified it.
2
Paragraph (1) shall not apply to the remaking of a thread if this is done in accordance with a standard approved by the Executive.
Repair Work
20
1
An employer shall ensure that no person employed by him carries out at work any major repair on the body of a transportable gas container–
a
of seamless construction; or
b
which has contained acetylene.
2
An employer shall ensure that no person employed by him carries out at work any major repair on the body of any other type of transportable gas container unless he is competent to do so.
3
No person shall supply a transportable gas container which has undergone a major repair unless following such work a person or body of persons approved by the Executive for the purposes of regulation 16(2)(a)(i) has marked or certified it as being fit for use, or, in the case of an EEC-type cylinder, an inspection body referred to in regulation 16(2)(b)(i) has so marked or certified it.
4
In this regulation “major repair” means any repair involving hot work or welding on the body of a transportable gas container but (except in relation to paragraph (1)(b)) it does not mean heat treatment applied for the purpose of restoring the metallurgical properties of the container.
Re-rating
21
1
This regulation applies to the re-rating of a transportable gas container, that is the reassessment of its capability to contain compressed gas safely with a view to improving its capacity by means of an increase in the charging pressure (or in the case of liquefied gas, the filling ratio) from that originally assessed and marked on the container at the time of manufacture.
2
An employer shall ensure that no person employed by him re-rates a transportable gas container at work unless he is competent to do so and does it in accordance with suitable written procedures drawn up by the owner of the container.
3
No person shall supply a transportable gas container which has been re-rated unless following the re-rating a person or body of persons approved by the Executive for the purposes of regulation 16(2)(a)(i) has certified it as being safe for use.
4
In this regulation “filling ratio” means the ratio of the volume of liquefied gas in the container to the total volume of the container.
Records
22
1
The manufacturer or, if he does not have a place of business in Great Britain, his agent in Great Britain, or if he has no agent, the importer, of a transportable gas container–
a
made to an approved design specification, shall keep a copy of the said specification together with any certificate of conformity issued in accordance with regulation 16(2)(a);
b
made to an approved design standard, shall keep a copy of any certificate of conformity issued in accordance with regulation 16(2)(a);
c
which is an EEC-type cylinder, shall keep the EEC Verification Certificate referred to in regulation 16(2)(b)(i) where one has been issued.
2
The owner of a hired out transportable gas container–
a
made to an approved design specification, shall keep a copy of the said specification together with a copy of any certificate of conformity issued in accordance with regulation 16(2)(a);
b
made to an approved design standard, shall keep a copy of any certificate of conformity issued in accordance with regulation 16(2)(a);
c
which is an EEC-type cylinder, shall keep a copy of the EEC Verification Certificate referred to in regulation 16(2)(b)(i) where one has been issued,
d
which–
i
is a refillable container,
ii
is used solely for containing liquefied petroleum gas, and
iii
has a water capacity up to and including 6.5 litres;
shall keep a copy of the design specification for the container.
3
The owner of a transportable gas container for acetylene shall keep records of the tare weight of the container, including the porous substance and acetone or other solvent, the nature of the solvent and the maximum pressure allowed in the container.
PART VI
MISCELLANEOUS
Defence
23
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove–
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called "the other person'); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the 1974 Act, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
Power to grant exemptions
24
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt–
a
any person or class of persons;
b
any type or class of pressure system; or
c
any type or class of transportable gas container,
from the application of any of the requirements or prohibitions imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time, and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirement imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Extension outside Great Britain
25
These Regulations shall apply outside Great Britain in relation to any activity to which, sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of Articles 6 and 7(a) (b) and (d) of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 as they apply within Great Britain.
Repeals, revocations and modifications
26
1
The enactment specified in Part I of Schedule 6 in column 1 is hereby repealed to the extent specified in the corresponding entry in column 3.
2
The enactment specified in Part II of Schedule 6 in column 1 shall be modified to the extent specified in the corresponding entry in column 3.
3
The instruments specified in Part III of Schedule 6 in column 1 are hereby revoked to the extent specified in the corresponding entry in column 3.
4
The instruments specified in Part IV of Schedule 6 in column 1 shall be modified to the extent specified in the corresponding entry in column 3.
Transitional provisions
27
The provisions of Parts II and III of Schedule 1 shall have effect.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
22nd November 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Agricultural Levy Reliefs (Frozen Beef and Veal) Order 1989 and shall come into force on 28th February 1989.
2
In this Order, unless the context otherwise requires–
“the Board” means the Intervention Board for Agricultural Produce established under section 6 of the European Communities Act 1972;
“entered for home use” means entered for home use within the meaning of the Customs and Excise Management Act 1979 or regulation 13 of the Customs Warehousing Regulations 1979 ;
“international organisations established in the Economic Community” means the following:–
Delegation of the Commission of European Communities;
International Coffee Organisation;
International Labour Organisation;
International Sugar Council;
International Wheat Council;
United Nations International Children’s Emergency Fund;
United Nations Information Centre;
United Nations High Commission for Refugees;
Western European Union;
Commonwealth Secretariat;
“intervention agencies” means the Board or any other agency designated by a Member State of the Economic Community for the purposes of Article 6 of Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal;
“licence” means an import licence issued by the Board under the provisions of Council Regulation (EEC) No. 805/68 . Commission Regulation (EEC) No. 3719/88 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, and Commission Regulation (EEC) No. 2377/80 on special detailed rules for the application of the system of import and export licences in the beef and veal sector;
“local authorities” means–
in Greater London the Inner London Education Authority, the councils of London boroughs and the Common Council of the City of London,
in England and Wales outside Greater London the county and metropolitan district councils,
in Scotland the councils of islands areas and regions,
in Northern Ireland Education and Library Boards;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“the quota” means the Community quota for the levy-free importation of frozen beef and veal provided for by Council Regulation (EEC) No. 4076/88 opening, allocating and providing for the administration of a Community tariff quota for frozen meat of bovine animals falling within CN code 0202 and products falling within CN code 0206 29 91;
“the reference period” means the period from 1st October 1986 to 30th September 1988;
“the Third Lomé Convention” means the third ACP–EEC Convention signed at Lomé on 8th December 1984 between the African, Caribbean and Pacific States of the one part and the Economic Community and its Member States of the other part as set out in Council and Commission Decision 86/125/EEC / ECSC ;
3
1
The Minister shall determine the allocation of the United Kingdom’s share of the quota.
2
The determination mentioned in paragraph (1) of this article shall be made by the Minister by allocating an amount not exceeding one third of the United Kingdom’s share to local authorities and government departments (including Northern Ireland departments) and allocating the remainder to persons established within the United Kingdom as follows:–
a
as to 70% thereof to importers of frozen beef and veal by reference to the amounts of frozen beef and veal which such importers have imported from outside the Economic Community and entered for home use during the reference period, other than amounts imported free of duty pursuant to the Third Lomé Convention;
b
as to 20% thereof to exporters of fresh, chilled or frozen beef and veal by reference to the amounts of fresh, chilled or frozen beef and veal which such exporters have exported during the reference period from the United Kingdom to countries outside the Economic Community or to one of the following destinations:–
i
seagoing vessels, or aircraft serving on international routes, including routes between Member States of the Economic Community;
ii
international organisations established in the Economic Community;
iii
armed forces stationed in the territory of a Member State but not serving under its flag;
iv
drilling or extraction platforms, including workpoints providing support services for such operations, situated within the area of the European continental shelf, or within the area of the continental shelf of the non-European part of the Community, but beyond a three mile zone starting from the base line used to determine the width of the territorial sea of a Member State of the Economic Community; and
c
as to the remaining 10% thereof to purchasers of frozen beef and veal from intervention agencies by reference to the amounts of frozen beef and veal which they have purchased from such agencies during the reference period, other than frozen beef and veal sold on condition that it should be exported from the Economic Community.
3
For the purposes of this article, the amounts of beef and veal imported, exported or purchased by a person during the reference period shall include any amounts so imported, exported or purchased during that period by any other person whose business relating to such import, export or purchase has been transferred to the first mentioned person.
4
An allocation under this article shall be made subject to such conditions as appear to the Minister to be expedient to secure the object, or prevent abuse, of the relief.
4
Any entitlement to relief under the United Kingdom’s share of the quota shall be subject to–
a
the production of the licence in respect of the goods on which relief is sought appropriately endorsed by the Board with a statement that the amount of frozen beef or veal appearing in the licence may be imported free of levy under the quota;
b
the entry for home use of such goods on or before 30th September 1989; and
c
the observance by the importer of any conditions subject to which the allocation was made.
5
A licence endorsed with the statement referred to in article 4(a) of this Order shall not be issued to an importer unless the Board is satisfied, after taking into account any levy-free imports of beef or veal authorised under previous licences issued to that importer, that the amount of levy-free beef or veal allocated to him in pursuance of this Order will not be exceeded by the import of beef or veal under that licence.
6
Goods shall be treated as forming part of the quota when they are entered for home use under the authority of a licence endorsed with the statement referred to in article 4(a) of this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd February 1989.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
6th February 1989
Tom King
Secretary of State for Northern Ireland
6th February 1989
Peter Walker
Secretary of State for Wales
6th February 1989


text:
Citation
1
1
This Order may be cited as the Caernarfon Harbour Revision Order 1989.
2
This Order and the Caernarfon Harbour Acts and Orders 1793 to 1950 may be cited together as the Caernarfon Harbour Acts and Orders 1793 to 1989.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the respective meanings hereby assigned to them —
“the Act of 1964 ” means the Harbours Act 1964;
“the Act of 1972 ” means the Local Government Act 1972 ;
“the existing Trustees” means the Trustees of the Caernarfon Harbour Trust until the new constitution date;
“ the Trustees ” means the Trustees of the Caernarfon Harbour Trust on and after the new constitution date;
“the new constitution date” means the first day of the fourth month after the expiry of the month current at the commencement of this Order.
Incorporation of Harbours, Docks and Piers Clauses Act 1847
3
1
The Harbours, Docks, and Piers Clauses Act 1847 (except sections 6 to 21, 24, 25, 31, the proviso to section 32, sections 42, 48 to 50 and 84 to 90), so far as applicable to the purposes of and not inconsistent with the provisions of this Order, is hereby incorporated with this Order subject to the following modifications, that is to say —
a
section 23 shall be read and have effect as if the words “provided that no such lease be granted for a longer term than three years” were omitted;
b
section 63 shall be read and have effect as if for the words from “liable to” to the end of the section there were substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100”.
2
In construing the provisions so applied the expression “the special Act ” means this Order.
Composition of the Trust
4
On and after the new constitution date the Trustees shall consist of —
Eight appointed Trustees
Three nominated Trustees
Not more than two co-opted Trustees
Appointment and terms of office of appointed Trustees
5
1
The appointed Trustees shall be appointed as follows —
One by the Gwynedd County Council
Two by the Arfon Borough Council
One by the Ynys Mo*n Borough Council
One by the Caernarfon Town Council
One by the Welsh Yachting Association
One by the Nature Conservancy Council
One by the Menai Straits Users' Association after consultation with the Port
Dinorwic Private Mooring Licence Holders' Association.
2
a
Each appointing body as mentioned in paragraph (1) above shall not later than one month before the new constitution date make its appointment of a Trustee who shall continue in office for four years from the new constitution date.
b
Each appointing body shall not earlier than six months but not later than one month before the term of office of the Trustee appointed by it expires make its appointment of a Trustee who shall take office when that term expires and continue in office for four years.
c
Serving Trustees shall be eligible for re-appointment.
d
Each appointing body shall as soon as practicable notify in writing the Clerk to the Trustees of the making of the appointment.
Appointment and terms of office of nominated Trustees
6
1
Not later than 2 months before the new constitution date the existing Trustees shall cause a notice to be displayed for a period of one month at the principal offices of the Arfon Borough Council, the Ynys Mo*n Borough Council, the Caernarfon Town Council and the Caernarfon Harbour Trust and advertisements to be placed in two local newspapers circulating within the districts of the said Borough Councils requesting nominations for appointment as nominated Trustees of people having commercial, financial or maritime experience.
2
Nominations may be made by persons having a substantial interest in the harbour or by bodies representative of persons having such an interest.
3
Not later than one week before the new constitution date the existing Trustees shall appoint three nominated Trustees from among those names submitted in accordance with paragraph (1) above to serve for a term of four years.
4
In appointing the nominated Trustees the existing Trustees shall endeavour so far as possible to secure the representation of a range of different interests.
5
On the expiry of the term for which they were appointed, nominated Trustees shall retire but shall be eligible for re-appointment.
6
Not earlier than six months but not later than three months before the term of office of a nominated Trustee shall expire the Trustees shall cause a notice to be displayed and advertised as provided in paragraph (1) above requesting nominations of people who would be suitable for appointment as nominated Trustees and from such nominations the Trustees shall appoint nominated Trustees for the term of four years.
Co-opted Trustees
7
The Trustees may co-opt, by a resolution supported by at least seven votes, not more than two persons who in their opinion have special knowledge or experience that would be of value to the Trustees in the discharge of their function. Co-opted Trustees shall serve for the period of the term of office of the other Trustees, unless the resolution appointing them provides for a shorter period.
Casual vacancies
8
1
Every vacancy among the appointed Trustees shall be filled as soon as practicable by a person appointed by the relevant appointing body and such replacement Trustee shall remain in office for the remainder of the term of office of the Trustee being replaced.
2
If a vacancy occurs among the nominated Trustees, the Trustees shall ascertain from the persons or bodies who contributed to the most recent list of nominations whether they wish to withdraw or maintain their last nominations, or to make other nominations in place of them, and from the list so revised the Trustees shall appoint a replacement Trustee who shall remain in office for the remainder of the term of office of the Trustee being replaced.
3
Paragraphs (1) and (2) of this article shall not apply to a vacancy occurring less than three months before the end of the vacating Trustee’s term of office.
Management and Meetings
9
1
As soon as practicable after the new constitution date a meeting of the Trustees shall be convened to appoint a Chairman and a Deputy Chairman from amongst themselves who shall remain in office for a period of one year but shall be eligible for re-appointment.
2
The quorum required for any meeting of the Trustees shall be seven and if there is an equality of votes on any question the chairman of the meeting shall have a second or casting vote.
3
All the business of the Trustees with the exception of that referred to in articles 12 and 13 of this Order shall be decided by a simple majority of the Trustees present at a meeting.
4
Audited accounts shall be published and shall be open to inspection at all reasonable times. Copies shall be available on payment of such charge as the Trustees shall determine.
Power to make charges
10
1
Subject to paragraph (2) below, the Trustees may make such reasonable charges as they think fit for services and facilities provided by them.
2
Paragraph (1) above does not authorise the levying of ship, passenger or goods dues within the meaning of the Act of 1964.
3
Nothing in this article shall affect any power of the Trustees to demand, take or recover charges which they have under or by virtue of any enactment or rule of law.
Confirmation of byelaws
11
Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act of 1972 (which relate to the procedure for making, and evidence of byelaws) shall apply to any byelaws made by the Trustees as if the Trustees were a local authority and the Clerk to the Trustees were a proper officer of a local authority; and as if, in subsection (7) of section 236 of that Act, after the words “the confirming authority may confirm” there were inserted the words “with or without modifications” and at the end of that subsection there were added the following proviso —
Provided that where the Secretary of State proposes to make a modification to a byelaw which appears to him to be substantial he shall inform the Trustees and require them to take any steps which he considers to be necessary for informing persons likely to be concerned with the modification; and he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the consideration of, and comment upon, the proposed modification by the Trustees and by any other persons who have, or are likely to have, been informed of it
.
Power to grant tenancies and to dispose of land
12
1
The Trustees shall by a simple majority of the Trustees have the power to grant licences tenancies and leases of land so far as they consider desirable in the interests of efficient and economical management of the harbour for a term or series of terms which are not capable of exceeding twenty-one years.
2
The Trustees shall by a majority of three quarters of the Trustees have the power to grant licences, tenancies and leases of land so far as they consider desirable in the interests of efficient and economical management of the harbour for any term and shall also have the power to dispose of any interest in land which the Trustees consider to be surplus to that required by them in the performance of their duties.
Procedure for executing documents
13
The Trustees shall execute all documents by sealing the same with a seal to be adopted by them in the presence of any two Trustees authorised for that purpose who shall also sign the said document.
Remuneration of Trustees
14
The Trustees may pay their Chairman and Trustees such reasonable allowances in the nature of those payable under sections 173 to 175 of the Local Government Act 1972 as they may determine, but not exceeding the amounts payable under sections 173 to 175 to members of parish or community councils performing duties outside the parish or community for the corresponding allowances under those sections.
Costs of the Order
15
The costs, charges and expenses incurred in connection with the preparation submission and making of this Order (other than those which any person may be ordered by the Secretary of State or a joint committee of both Houses of Parliament to pay, or any costs charges and expenses incurred in opposing this order) shall be paid out of the funds of the Caernarfon Harbour Trust.
Retirement of existing Trustees
16
1
Every existing Trustee who has been neither appointed nor nominated to be a Trustee shall retire on the new constitution date.
2
On the coming into force of this Order the Mayor and Deputy Mayor of the Borough of Arfon, the Comptroller and Surveyor of Customs for the time being and all of the Justices acting in the Commission of the Peace in the County of Gwynedd shall be deemed to have retired as existing Trustees.
Repeal and Saving
17
1
The enactments set out in the first column of the Schedule to this Order are repealed from the new constitution date.
2
Any byelaws made by the existing Trustees and being in force upon the coming into force of this Order shall continue in force notwithstanding any repeal under this article, as if made under powers to make byelaws conferred by this Order.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
5th December 1989


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
Amendment of principal Regulations
2
For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1987 there shall be substituted the provisions set out in the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th February 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th February 1989
Peter Walker
Secretary of State for Wales
21st February 1989
Tom King
Secretary of State for Northern Ireland
23rd February 1989
Douglas Hurd
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
20th February 1989
We approve,
David MacLean
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA10/2E/235 marked “The Ipswich–Norwich Trunk Road (A140)(Dickleburgh Bypass) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road”
means the Ipswich–Norwich Trunk Road (A140);and
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order.
5
This Order shall come into force on 27th October 1989 and may be cited as the Ipswich–Norwich Trunk Road (A140) (Dickleburgh Bypass) Order 1989.
Signed by authority of the Secretary of State
Alan Whitfield
Regional Director Eastern Region
Department of Transport
10th October 1989


text:
Citation and Commencement
1
These Regulations may be cited as the Merchant Shipping (Accident Investigation) Regulations 1989 and shall come into force on 7th August 1989.
Interpretation
2
1
For the purposes of these Regulations and of section 33 of the Act, “accident” means any contingency whereby: —
a
there is loss of life or major injury to any person on board, or any person is lost from, a ship or a ship’s boat; or
b
a ship is lost or presumed to be lost, or is abandoned or materially damaged; or
c
a ship strands or is in collision; or
d
a ship is disabled; or
e
any material damage is caused by a ship.
2
In these Regulations
“Chief Inspector” means the Chief Inspector of Marine Accidents appointed by the Secretary of State under section 33(1) of the Act, and any deputy Chief Inspector;
“disabled” means not under command for a period of more than 12 hours, or for any lesser period if, as a result, the vessel needs assistance to reach port;
“grounding” means making involuntary contact with the ground, except for touching briefly so that no damage is caused, and “goes aground” shall be construed accordingly;
“hazardous incident” means any incident or event, not being an accident as defined in regulation 2(1), by which the safety of a ship or any person on board is imperilled, or as a result of which serious damage to any ship or structure or damage to the environment might be caused;
“inspector” means an inspector of marine accidents appointed by the Secretary of State and in the context of the investigation of a particular accident includes any person appointed to investigate that accident under regulation 6 below;
“Inspector’s Inquiry” means an investigation ordered under regulation 6(2);
“investigation” means any investigation carried out by an inspector, including but not limited to an Inspector’s Inquiry;
“major injury” has the same meaning as in the Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982 ;
“pleasure craft” means a vessel primarily used for sport or recreation;
“serious casualty” means an accident to a ship causing loss of life, or total loss of a ship of more than 50 metres registered length;
“ship’s boat” includes a liferaft, painting punt and any boat normally carried by a ship;
“strands” means goes aground and cannot immediately re-float;
“United Kingdom ship” means a ship registered in the United Kingdom.
3
Where a ship is managed by a person other than her owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
Application
3
1
These Regulations, except regulations 5 and 7, shall apply to hazardous incidents in the same way as they apply to accidents, and the term “accident” shall be construed accordingly.
2
These Regulations apply to accidents involving or occurring on board —
a
any United Kingdom ship except that regulation 5 shall not apply to pleasure craft, or to lifeboats operated by the Royal National Lifeboat Institution; and
b
any other ship within the United Kingdom or the territorial waters thereof, save that regulations 5 and 7 shall not apply to such a ship.
3
An investigation may be held under regulation 6 into an accident involving or occurring on board a ship which is not a United Kingdom ship and which at the time of the accident was not within the United Kingdom or the territorial waters thereof, if the Secretary of State so determines.
Purpose of Investigation
4
The fundamental purpose of investigating an accident under these Regulations is to determine its circumstances and the causes with the aim of improving the safety of life at sea and the avoidance of accidents in the future. It is not the purpose to apportion liability, nor, except so far as is necessary to achieve the fundamental purpose, to apportion blame.
Duty to Report Accidents
5
1
Except as provided in paragraph (2), when an accident occurs the master shall send a report to the Chief Inspector as soon as is practicable by the quickest means available, and in any case not later than 24 hours after the ship next arrives at a port.
2
Where a ship is lost or presumed lost or is abandoned, then such a report shall be sent by the owner, the master, or a senior surviving officer as soon as is practicable by the quickest means available.
3
A report made to a Marine Office of the Department of Transport or to HM Coastguard, or a report made under the Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982, or the Fishing Vessels (Reporting of Accidents) Regulations 1985 shall be regarded as complying with regulation 5(1).
Ordering of Investigation
6
1
Any accident to which these Regulations apply may be investigated. Where an accident occurs, the Chief Inspector shall decide whether or not an investigation is required, and where a report has been received under regulation 5 shall cause the masteror owner to be notified of his decision. He may before deciding cause to be obtained such further information as he considers necessary. The owner or master of the ship concerned shall upon being so required provide such further information to the best of his ability and knowledge.
2
The Chief Inspector may order in view of the importance or seriousness of the accident that the investigation takes the form of an Inspector’s Inquiry, to be carried out by one or more inspectors of marine accidents appointed under section 33(1) of the Act, or additionally or alternatively by such other person or persons whom he may appoint specifically for the purpose; and such other person or persons shall have the powers conferred on an inspector by section 27 of the Merchant Shipping Act 1979 .
3
Public notice that an Inspector’s Inquiry has been ordered shall be given in such manner as the Chief Inspector may think fit, and shall invite any persons who so desire to make representations to the inspector in writing within a time to be specified in the notice.
Preservation of Evidence
7
The owner and master shall so far as is possible ensure that all charts, log books and other records and documents which might reasonably be considered pertinent to an accident reportable under regulation 5 shall be kept and no alteration shall be made to entries therein, and any equipment which might reasonably be considered pertinent to such an accident shall so far as is practicable be left undisturbed, until either —
a
notification is received from the Chief Inspector that no investigation is to take place; or
b
if notification is received that an investigation will take place, the Chief Inspector or the inspector carrying out the investigation indicates that he no longer requires them.
Conduct of Investigations
8
1
Subject to his powers under section 27 of the Merchant Shipping Act 1979 an inspector shall conduct an investigation at such times and places and in such manner as appear to him most conducive to achieving the fundamental purpose set out in regulation 4.
2
An investigation may extend to cover all events and circumstances preceding the accident which in the opinion of the inspector may have been relevant to its cause or outcome, and also to cover the consequences of the accident and the inspector’s powers shall apply accordingly.
3
Every person required to attend before an inspector shall be allowed his reasonable expenses of attending.
4
Upon completion of an investigation the inspector shall submit to the Chief Inspector his findings as to the facts of the accident and, where the facts cannot be certainly established, his opinion as to the most probable facts. He shall clearly distinguish between established facts and conjecture. He shall also submit his analysis and his conclusions together with such observations and recommendations as he thinks fit to make.
5
At any time during the course of an investigation the Chief Inspector may determine that the investigation shall be discontinued, and in that event, no submission by the inspector need be made.
Report of Inspector’s Inquiry
9
1
Subject to paragraph (4) below, where an Inspector’s Inquiry has taken place, the Chief Inspector shall make a report to the Secretary of State (in the remainder of this regulation referred to as “the Report”) which shall include the inspector’s findings and his own observations thereon and any recommendations which he considers appropriate.Subject to paragraphs (2) and (3) below, the Secretary of State, unless he orders a Formal Investigation under section 56 of the Merchant Shipping Act 1970 , may publish the Report if he thinks fit and shall do so if —
a
it appears to him that to do so will improve the safety of life at sea and help to prevent accidents in the future; or
b
it relates to a serious casualty to a United Kingdom ship;unless in his opinion there is good reason to the contrary.
2
Where the Report or any investigation indicates that there may have been a breach of the law and that prosecution of the suspected offender should be considered, the Report shall not be published until either prosecution, including any appeal, has been concluded or it has been decided not to prosecute.
3
Where an Inquiry under section 52 of the Merchant Shipping Act 1970 into the conduct of a Certificated Officer, or action by the Secretary of State under section 53 of that Act in respect of the holder of a certificate other than an officer's, is under consideration then the Report shall not be published until proceedings under either of the said sections have been completed or it has been decided not to pursue such proceedings.
4
Except when a Formal Investigation has been ordered, or where paragraphs (2) or (3) above apply, if in the opinion of the Chief Inspector the reputation of any person is likely to be adversely affected by the Report then it shall not be submitted to the Secretary of State until —
a
that person (or if that person be deceased, then such person as appears to the Chief Inspector best to represent that person’s interest) is served with a copy of the Report or that part of it which affects him; and
b
that person or his representative has been given a period of 28 days to make representations to the Chief Inspector either in person or in writing; and
c
the Chief Inspector has considered any such representations and has notified the person concerned or his representative of his conclusions on them, and of what changes, if any, he intends to make to the Report; and
d
the person or his representative has been given a further period of 28 days in which he may submit to the Chief Inspector an alternative text for any passages in the Report which remain in issue.
5
The Chief Inspector shall on submitting the Report to the Secretary of State in addition shall refer to any service of the Report under paragraph (4) of this regulation and shall set out the substance of any representations made in response, together with his conclusions and a record of any action he has taken. He shall also quote in full any alternative texts submitted under paragraph (4)(d) above; and if the Secretary of State decides to publish the Report he shall publish any such texts with it as an Appendix, unless in his opinion there is good reason not to do so.
6
The Chief Inspector shall forward any recommendations contained in the Report to those persons or bodies who in his opinion are most fitted to implement them.
7
Notwithstanding the preceding paragraphs of this regulation, the Chief Inspector may at any time during the course of an investigation release information and recommendations if in his opinion it is necessary or desirable to do so in the interests of safety.
Summaries of Investigations
10
1
The Chief Inspector shall prepare and publish from time to time collective summaries of investigations.
2
A summary report of any investigation may be published, and if not published shall be otherwise made available to any person requesting it who satisfies the Chief Inspector of his legitimate interest.
Reopening of Investigation
11
The Chief Inspector may cause any investigation to be reopened either generally or as to any part thereof, and shall do so —
a
if after the completion of the investigation in his opinion new and important evidence has been discovered, or
b
if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.
2
Any investigation reopened shall be subject to and conducted in accordance with the provisions of these Regulations relating to such an investigation.
Extension of Time
12
The Chief Inspector, in respect of the periods of 28 days prescribed in regulation 9(4)(b) and (d) shall have the power to extend the said periods, and shall not unreasonably refuse to do so, and this power may be exercised notwithstanding that the prescribed period has expired.
Penalties
13
1
If a master, owner or officer fails without reasonable cause to report an accident as required by regulation 5, or if a master or owner so fails to provide information as required by regulation 6, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person fails without reasonable cause to comply with regulation 7 above he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Paul Channon
Secretary of State for Transport
6th July 1989


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Railways (Rateable Values) Order 1989 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“class of hereditaments” means a class of railway hereditaments in relation to which amounts are specified in each column of the Schedule;
“railway hereditaments” means non-domestic hereditaments required by virtue of Part 4 of the Schedule to the Central Rating Lists Regulations 1989 to be shown in a central rating list; and
“English railway hereditaments” means such hereditaments as are so required to be shown in the central rating list for England; and
“Welsh railway hereditaments” means such hereditaments as are so required to be shown in the central rating list for Wales;
“relevant year” means any year for which a rateable value falls to be determined in accordance with this Order, and
“relevant preceding year” means the year preceding a relevant year;
“year” means a chargeable financial year; and any reference to hereditaments occupied by a person includes a reference to hereditaments which, if unoccupied, are owned by that person; and references to occupation shall be construed accordingly.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Disapplication of normal basis of valuation
4
In the case of railway hereditaments, paragraphs 2 to 2B of Schedule 6 to the Act shall not apply, and the rateable values of such hereditaments shall be as specified in, or determined under the rules in, the following provisions of this Order.
PART II
DOCKLANDS LIGHT RAILWAY
Rateable values in 1990/4
5
1
The rateable value of railway hereditaments occupied by Docklands Light Railway Limited (“Docklands hereditaments”) shall be —
a
in the year beginning on 1st April 1990, £227,500;
b
in the year beginning on 1st April 1991, £341, 250;
c
in the year beginning on 1st April 1992 —
i
£455,000 during the period ending with 25th April 1992, and
ii
£700,000 thereafter;
d
in the year beginning on 1st April 1993, £700,000.
Rateable values in subsequent years
6
In any subsequent year, the rateable value of Docklands hereditaments shall be determined by calculating in accordance with the formula —
£ 700 , 000 + U ,
where U is the recalculation factor determined in accordance with article 7.
Recalculation factor
7
1
In this article —
j is the estimated number of millions of passenger journeys undertaken on the railways of Docklands Light Railway Limited in the relevant preceding year, and
J, subject to paragraph (4), is the estimated number of millions of passenger journeys undertaken on those railways in the year beginning on 1st April 1992, estimated to the nearest tenth part of a million.
2
Where in relation to any year the value attributable to j is less than that produced by calculating in accordance with the formula —
J
( 105 100 )
(“the upper threshold”) and greater than that produced by calculating in accordance with the formula —
J
( 95 100 )
(“the lower threshold”), the recalculation factor applicable —
a
in the first such year shall be 0, and
b
in any subsequent such year, shall be the recalculation factor applicable in accordance with this article in the relevant preceding year.
3
Where in relation to any year the value attributable to j is equal to or exceeds the upper threshold, or is equal to or lower than the lower threshold, the recalculation factor applicable in that year shall be the figure produced by calculating in accordance with the formula —
£ 700 , 000 ( j - J 3 J )
4
In relation to any year beginning after the year in which paragraph
3
first applies, paragraphs (2) and (3) shall apply as if for J there were substituted K, where K is a number having the same value as j in the last foregoing year in which the applicable recalculation factor was that determined in accordance with paragraph (3).
5
Where in any year the provision of a railway service by Docklands Light Railway Limited has been temporarily interrupted, any estimate required to be made for the purposes of this Part shall be made as if during the period of the interruption a normal service had been maintained.
PART III
OTHER RAILWAY HEREDITAMENTS: INITIAL RATEABLE VALUES
Interpretation
8
In this Part —
a
in any formula —
B is the figure applicable in relation to the relevant year for the purposes of paragraph 5(3) of Schedule 7 to the Act;
C is the figure applicable in relation to the relevant year for the purposes of paragraph 5(4) of Schedule 7 to the Act;
I is the figure for the retail prices index for September in the relevant preceding year; and in relation to any class of hereditaments —
R is the recalculation factor applicable to that class determined under Part V in respect of the relevant preceding year;
RV is the rateable value of that class in the relevant preceding year;
b
T is the amount specified in relation to a class of hereditaments in column 1 of the Schedule, and U is the recalculation factor applicable to that class determined in accordance with Part V in respect of the relevant year; and “the standard formula” means the formula
T + U;
c
“intermediate year”, in relation to a class of hereditaments to which paragraph (a) or (b) of article 9 applies, means any year beginning on or after 1st April 1992 and ending no later than the end of the year in which the rateable value of that class first falls by virtue of this Part to be determined in accordance with the standard formula; and any reference to a class of hereditaments is to a class of railway hereditaments in relation to which an amount is specified in each column of the Schedule.
Rateable values in 1990/1
9
In relation to each class of hereditaments —
a
where T is greater than the relevant maximum amount calculated in relation to that class under article 10, the rateable value of that class in the year beginning on 1st April 1990 shall be the relevant maximum amount;
b
where T is less than the relevant minimum amount calculated in relation to that class under article 10, the rateable value of that class in the year beginning on 1st April 1990 shall be the relevant minimum amount;
c
where neither paragraph (a) nor paragraph (b) applies, the rateable value of that class in that year shall be T.
10
The relevant maximum amount in respect of a class of hereditaments is the amount produced by calculating in accordance with the formula —
1.2A M
and the relevant minimum amount in respect of a class of hereditaments is the amount produced by calculating in accordance with the formula —
0.895A M
where
A is the amount specified in relation to that class in column 2 of the Schedule, and
M is the non-domestic rating multiplier applicable to that class in pursuance of paragraph 2 of Schedule 7 to the Act.
Increasing rateable values
11
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1990 is determined as provided in paragraph (a) of article 9.
2
The rateable value in the year beginning on 1st April 1991 of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
For the purposes of paragraph (2), where in relation to a class of hereditaments a calculation in respect of that year according to formula 1, that is to say —
RV × 1.2 ( 1 + I - B C ) + U
produces an amount less than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 1; and in any other case that rateable value shall be the amount calculated in accordance with the standard formula.
12
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1991 falls in pursuance of article 11 to be determined in accordance with formula 1.
2
The rateable value in any intermediate year of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
Where in relation to a class of hereditaments and any such year a calculation in respect of that year according to formula 2, that is to say —
( RV - R ) × 1.2 ( 1 + I - B C ) + U
produces an amount less than that produced by a calculation in respect of that year in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 2; and in any other case it shall be the amount calculated in accordance with the standard formula.
Decreasing rateable values
13
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1990 is determined as provided in paragraph (b) of article 9.
2
The rateable value in the year beginning on 1st April 1991 of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
For the purposes of paragraph (2), where in relation to a class of hereditaments a calculation in respect of that year according to formula 3, that is to say —
RV × 0.87 ( 1 + I - B C ) + U
produces an amount greater than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments shall be the amount calculated in accordance with formula 3; and in any other case it shall be the amount calculated in accordance with the standard formula.
14
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1991 falls in pursuance of article 13 to be determined in accordance with formula 3.
2
The rateable value in any intermediate year of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
Where in relation to a class of hereditaments and any such year a calculation according to formula 4, that is to say —
( RV - R ) × 0.87 ( 1 + I - B C ) + U
produces an amount greater than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 4; and in any other case it shall be the amount calculated in accordance with the standard formula.
PART IV
OTHER RAILWAY HEREDITAMENTS: GENERAL PROVISION FOR RATEABLE VALUES
15
In the case of —
a
any class of hereditaments to which paragraph (c) of article 9 applies, in any year beginning on or after 1st April 1991,
b
any class of hereditament the rateable value of which falls in pursuance of article 11(3) or 13(3) to be determined in accordance with the standard formula, in any year beginning on or after 1st April 1992, and
c
any class of hereditaments to which article 12 or 14 applies, in any year beginning after an intermediate year, the rateable value of that class in such a year shall be the amount produced by calculating in respect of that year in accordance with the standard formula.
PART V
ANNUAL RECALCULATION OF RATEABLE VALUES
Interpretation
16
1
In this Part, in any formula —
a
F is the figure produced by calculating in accordance with the formula —
g - G G ,
where —
g is the estimated annual average number of millions of tonnes of revenue-earning freight carried on the railways of the British Railways Board in the period of three years ending on 31st March in th relevant preceding year; and
G, subject to article 17(4), is the estimated annual average of millions of tonnes of revenue-earning freight carried on those railways in the period of three years ending on 31st March 1990, calculated to the nearest tenth part of a million;
b
P is the figure produced by calculating in accordance with the formula —
j - J J ,
where —
j is the estimated annual average number of millions of passenger journeys undertaken on the railways of the relevant designated person in the period of three years ending on 31st March in the relevant preceding year, and
J, subject to articles 17(4) and 18(4), is the estimated annual average number of such passenger journeys in the period of three years ending on 31st March 1990, calculated to the nearest tenth part of a million;
and
c
T has the same meaning as in article 8(b).
2
In this Part “designated person” means a person named in the Schedule and in relation to a class of hereditaments “relevant designated person” means the person in occupation of those hereditaments.
3
Where in any year the provision of a railway service by a designated person has been temporarily interrupted, any estimate required to be made for the purposes of this Part in relation to that person shall be made as if during the period of the interruption a normal service had been maintained.
British Railways Board
17
1
This article applies to railway hereditaments occupied by the British Railways Board.
2
Where in relation to any year the figure produced by calculating in relation to each class of hereditament in accordance with the formula —
2P + F 3
is less than 0.05 and greater than 0.05, the recalculation factor applicable to that class —
a
in the first such year shall be 0, and
b
in any subsequent such year, shall be the recalculation factor applicable in accordance with this article in the relevant preceding year.
3
Where in relation to any year the figure produced by calculating in accordance with paragraph (2) is either —
i
equal to or greater than 0.05, or
ii
equal to or less than −0.05, the recalculation factor applicable to that class in that year shall be calculated in accordance with the formula —
T ( 2P + F ) 9
.
4
In relation to either class and any year beginning after the year in which paragraph (3) first applies, paragraph (2) shall apply as if for J and G respectively there were substituted K and H, where —
K is a number equal to the value applicable to j in the last foregoing year in which the applicable recalculation factor for that class was determined under paragraph (3), and
H is a number equal to that determined as g for that class in that year.
London Underground and Tyne and Wear Metro
18
1
This article applies to railway hereditaments occupied by London Underground Limited and such hereditaments occupied by the Tyne and Wear Passenger Transport Executive.
2
Where in relation to any year the value attributable to j in respect of either class of hereditaments to which this article applies is less than that produced by calculating in respect of the class in accordance with the formula —
J ( 105 100 )
(“the upper threshold”) and greater than that produced by calculating in accordance with the formula —
J ( 95 100 )
(“the lower threshold”) the recalculation factor applicable to that class —
a
in the first such year shall be 0, and
b
in any subsequent such year shall be an amount equal to the recalculation factor applicable in accordance with this article in the relevant preceding year.
3
Where in relation to any year the value attributable to j in respect of either class of hereditaments is equal to or exceeds the upper threshold or is equal to or lower than the lower threshold, the recalculation factor applicable to that class in that year shall be the figure produced by calculating in accordance with the formula —
T × P 3 .
4
In relation to either class of hereditaments and any year beginning after the year in which paragraph (3) first applies to that class, paragraph (2) shall apply as if for J there were substituted K, where K is a number having the same value as j in the last foregoing year in relation to which the applicable recalculation factor for that class was that determined in accordance with paragraph (3).
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Undersized Velvet Crabs Order 1989 and shall come into force on 1st July 1989.
2
In this Order —
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“velvet crab” means crab of the species Liocarcinus puber;
“size”, in relation to a velvet crab, means the width of the carapace measured across the broadest part, excluding spines, of the back.
Prescribed minimum size for landing velvet crabs and exemptions from landing prohibitions
2
1
For the purposes of section 1(1) of the Act (which prohibits the landing in Great Britain of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 65 mm.
2
Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1) of this article.
Prescribed minimum size for sale etc. of velvet crabs and exemptions from sale prohibitions
3
1
For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 65 mm.
2
The sale, exposure or offer for sale or possession for the purpose of sale of sea fish of the description of velvet crabs which are landed from foreign fishing boats is exempted from the prohibition imposed by section 1(2) of the Act as read with paragraph 1 of this article.
Prescribed minimum size for carriage of velvet crabs on a British fishing boat
4
For the purposes of section 1(3) of the Act (which prohibits the carriage on a British fishing boat of sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 65 mm.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of the enforcement of section 1 of the Act and of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular,
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 1 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under section 1 of the Act as read with this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th May 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
15th May 1989
Peter Walker
Secretary of State for Wales
17th May 1989
Tom King
Secretary of State for Northern Ireland
18th May 1989