text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No.4) Regulations 1989 and shall come into force on 1st April 1990.
2
In these Regulations–
“the principal Regulations ” means the Value Added Tax (General) Regulations 1985 .
3
For regulation 32(2) of the principal Regulations there shall be substituted the following–
2
In the application of paragraph (1) above to a longer period–
a
any treatment of exempt input tax as attributable to taxable supplies in any prescribed accounting period shall be disregarded; and
b
no account shall be taken of any amount or amounts which may be deductible or payable under regulation 37D.
.
4
After regulation 37 of the principal Regulations there shall be inserted the following Part–
PART VA
ADJUSTMENTS TO THE DEDUCTION OF INPUT TAX ON CAPITAL ITEMS
Interpretation
37A
1
Save that in this Part of these Regulations “tax year” shall include a “first tax year”, any expression used in this Part of these Regulations to which a meaning is given in Part V of these Regulations shall, unless the contrary intention appears, have the same meaning in this Part as it has in that Part.
2
Any reference in this Part of these Regulations to a capital item shall be construed as a reference to a capital item to which this Part of these Regulations applies by virtue of regulation 37B, being an item which a person (hereinafter referred to as “the owner”) uses in the course or furtherance of a business carried on by him, and for the purpose of that business, otherwise than solely for the purpose of selling the item.
Capital items to which this Part applies
37B
The capital items to which this Part of these Regulations applies are items of any of the following descriptions–
a
a computer or an item of computer equipment of a value of not less than £50,000 supplied to, or imported by, the owner;
b
land or a building or part of a building where the value of the interest therein supplied to the owner, by way of a taxable supply which is not a zero-rated supply, is not less than £250,000 excluding so much of that value as may consist of rent;
c
a building or part of a building where–
i
the owner’s interest in, right over or licence to occupy the building or part of the building is treated as supplied to him under paragraph 1(5) of Schedule 6A to the Act , and
ii
the value of that supply, determined in accordance with paragraph 1(6)(b) of that Schedule, is not less than £250,000;
d
a building or part of a building where–
i
the owner’s interest in, right over or licence to occupy the building or part of the building is treated as supplied to him under paragraph 6(1) of Schedule 6A to the Act, and
ii
the value of that supply, determined in accordance with paragraph 6(2) of that Schedule, is not less than £250,000;
e
a building other than one falling or capable of falling within paragraphs (c) or (d) above constructed by the owner and first brought into use by him on or after 1st April 1990 where the aggregate of–
i
the value of taxable grants relating to the land on which the building is constructed made to the owner on or after 1st April 1990, and
ii
the value of all the taxable supplies of goods and services, other than any that are zero-rated, made or to be made to him for or in connection with the construction of the building on or after 1st April 1990,
is not less than £250,000;
f
a building which the owner alters, or an extension or an annex which he constructs, where–
i
additional floor area is created in the altered building, extension or annex, of not less than ten per cent. of the floor area of the building before the alteration in question is carried out, or the extension or annex in question is constructed, and
ii
the value of all the taxable supplies of goods and services, other than any that are zero-rated, made or to be made to the owner for or in connection with the alteration, extension or annex in question on or after 1st April 1990, is not less than £250,000.
Period of adjustment
37C
1
The proportion (if any) of the total input tax on a capital item which may be deducted under Part V of these Regulations shall be subject to adjustments in accordance with the provisions of this Part of these Regulations.
2
Adjustments shall be made over a period determined in accordance with the following paragraphs of this regulation.
3
The period of adjustment relating to a capital item of a description falling within–
a
regulation 37B(a) shall consist of five successive intervals,
b
regulation 37B(b), where the interest in the land, building or part of the building in question has less than ten years to run at the time it is supplied to the owner, shall consist of five successive intervals, and
c
any other description shall consist of ten successive intervals,
determined in accordance with paragraphs (4) to (7) below.
4
The first interval applicable to a capital item shall be determined as follows–
a
where the owner is a registered person when he is supplied with, or imports, the item as a capital item, the first interval shall commence on the day of the supply or of the importation and shall end on the day before the commencement of his tax year following that day;
b
where the owner is a registered person when he appropriates to use an item as a capital item, the first interval shall commence on the day he first so uses it and shall end on the day before the commencement of his tax year following that day;
c
where the capital item is of a description falling within regulation 37B(c), the first interval shall commence on the day the owner’s interest in, right over or licence to occupy the building or part of the building is treated as supplied to him under paragraph 1(5) of Schedule 6A to the Act and shall end on the day before the commencement of his tax year following that day;
d
where the capital item is of a description falling within regulation 37B(d), the first interval shall commence on the later of the following days–
i
1st April 1990,
ii
the day the owner first uses the building (or part),
and shall end on the day before the commencement of his tax year following the day of commencement of the first interval;
e
where the capital item is of a description falling within regulation 37B(e) or (f), the first interval shall commence on the day the owner first uses the building or the altered building or the extension or annex in question, and shall end on the day before the commencement of his tax year following that day;
f
where the owner is not a registered person when he first uses an item as a capital item, and subsequently–
i
becomes a registered person, the first interval shall correspond with his registration period, or
ii
is included among bodies treated as members of a group under section 29 of the Act, the first interval shall correspond with, or that part still remaining of, the then current tax year of that group.
5
Subject to paragraphs (6) and (7) below, each subsequent interval applicable to a capital item shall correspond with a longer period applicable to the owner, or if no longer period applies to him, a tax year of his.
6
Where the owner of a capital item–
a
is a registered person and subsequently becomes included amongst bodies treated as members of a group under section 29 of the Act during the period of adjustment applicable to the capital item, the interval then applying to it shall end on the day before the owner is first so included and each subsequent interval (if any) applicable to the capital item shall end on the last day of a longer period applicable to that group, or if no longer period applies, shall end on the last day of a tax year of that group;
b
ceases to be a member of such a group during the period of adjustment applicable to the capital item, the interval then applying to it shall end on the day that the owner so ceases and the next interval (if any) applicable to the capital item shall correspond with the registration period of the owner and each subsequent interval thereafter (if any) shall correspond with a longer period applying to the owner, or if no longer period applies, shall correspond with a tax year of the owner;
Provided that if the owner of a capital item ceases to be a member of such a group (the first group) during the period of adjustment applicable to the capital item, and is immediately thereafter included in another such group (the second group), the interval applying to the capital item immediately before the owner ceases to be a member of the first group shall end on the day that the owner so ceases and each subsequent interval (if any) shall end on the last day of a longer period applicable to the second group, or if no longer period applies, shall end on the last day of a tax year of the second group.
7
Where the owner of a capital item transfers it during the period of adjustment applicable to it, in the course of the transfer of his business or of part of his business as a going concern, the interval then applying to the capital item shall end on the day of the transfer, and each subsequent interval (if any) applicable to the capital item shall end on the last day of a longer period applying to the new owner or, if no longer period applies, shall end on the day before the commencement of a tax year of the new owner:
Provided that where the new owner has, under regulation 4(5), been registered with the registration number of and in substitution for the transferor, the interval applying to the capital item at the time of the transfer shall not end on the day of the transfer (and shall accordingly end on the last day of the longer period applying to the new owner immediately after the transfer or, if no longer period then applies to him, shall end on the last day of his tax year following the day of the transfer).
Method of adjustment
37D
1
Where in a subsequent interval applicable to a capital item, the extent to which it is used in making taxable supplies increases from the extent to which it was so used in the first interval applicable to it, the owner may deduct for that subsequent interval an amount calculated as follows:
a
where the capital item falls within regulation 37C(3)(a) or (b)–
the total input tax on the capital item 5 × the adjustment percentage;
b
where the capital item falls within regulation 37C(3)(c)–
the total input tax on the capital item 10 × the adjustment percentage.
2
Where in a subsequent interval applicable to a capital item, the extent to which it is used in making taxable supplies decreases from the extent to which it was so used in the first interval applicable to it, the owner shall pay to the Commissioners for that subsequent interval an amount calculated in the manner described in paragraph (1) above.
3
Where–
a
the whole of the owner’s interest in a capital item is supplied by him, or
b
the owner is deemed to supply a capital item pursuant to paragraph 7(1) of Schedule 2 to the Act,
during an interval other than the last interval applicable to the capital item, then if the supply (or deemed supply) of the capital item is–
i
a taxable supply, the owner shall be treated as using the capital item for each of the remaining complete intervals applicable to it wholly in making taxable supplies, or
ii
an exempt supply, the owner shall be treated as not using the capital item for any of the remaining complete intervals applicable to it in making any taxable supplies,
and the owner shall calculate for each of the remaining complete intervals applicable to it, in accordance with paragraph (1) or (2) above, as the case may require, such amount as he may deduct or such amount as he shall be liable to pay to the Commissioners:
Provided that the aggregate of the amounts that he may deduct in relation to a capital item pursuant to this paragraph shall not exceed the output tax chargeable by him on the supply of that capital item.
4
If a capital item is–
a
irretrievably lost or stolen or is totally destroyed, or
b
is of a kind falling within regulation 37C(3)(b) and the interest in question expires,
during the period of adjustment applicable to it, no further adjustment shall be made in respect of any remaining complete intervals applicable to it.
5
For the purposes of this regulation–
“the total input tax on the capital item” means, in relation to a capital item falling within–
a
regulation 37B(a) or (b), the tax charged on the supply to, or on the importation by, the owner of the capital item, other than tax charged on rent (if any);
b
regulation 37B(c) or (d), the tax charged on the supply which the owner is treated as making to himself under paragraph 1(5) or 6(1) of Schedule 6A to the Act, as the case may require;
c
regulation 37B(e) or (f), the aggregate of the tax charged on the supplies described in regulation 37B(e) or (f), as the case may require, other than tax charged on rent (if any),
and shall include in relation to any capital item, any tax treated as input tax under regulation 37 which relates to the capital item, other than such tax charged on rent (if any); and for the purposes of this paragraph references to the owner shall be construed as references to the person who incurred the total input tax on the capital item;
“the adjustment percentage” means the difference (if any) between the extent, expressed as a percentage, to which the capital item is used (or is regarded as being used) in making taxable supplies in the first interval applicable to it, and the extent to which it is so used or is treated under paragraph (3) above as being so used in the subsequent interval in question.
6
A taxable person claiming any amount pursuant to paragraph (1) above, or liable to pay any amount pursuant to paragraph (2) above, shall include such amount in a return for the second prescribed accounting period next following the interval to which that amount relates, except where the Commissioners allow another return to be used for this purpose:
Provided that where an interval has come to an end under–
a
regulation 37C(6)(b) because the owner of the capital item has ceased to be a member of a group, any amount claimable from the Commissioners or payable to them (as the case may be) in respect of that interval shall be included in a return for that group for the second prescribed accounting period after the end of the tax year of the group in which the interval in question fell, or
b
regulation 37C(7) because the owner has transferred part of his business as a going concern, and he remains a registered person after the transfer, any amount claimable from the Commissioners or payable to them (as the case may be) in respect of that interval shall be included in a return by him for the second prescribed accounting period after the end of his tax year in which the interval in question fell,except where the Commissioners allow another return to be used for this purpose.
7
A taxable person claiming any amount or amounts, or liable to pay any amount or amounts, pursuant to paragraph (3) above, shall include such amount or amounts in a return for the second prescribed accounting period next following the interval in which the supply (or deemed supply) in question takes place except where the Commissioners allow another return to be used for this purpose.
Ascertainment of taxable use of a capital item
37E
1
Subject to regulation 37D(3) and paragraphs (2) and (3) below, in ascertaining the extent to which a capital item is used in making taxable supplies in any subsequent interval applicable to it, the same method shall be used as is used under Part V of these Regulations for the subsequent interval in question.
2
In any particular case the Commissioners may allow another method by which, or may direct the manner in which, the extent to which a capital item is used in making taxable supplies in any subsequent interval applicable to it, is to be ascertained.
3
Where the owner of a building which is a capital item of his grants or assigns a tenancy or lease in the whole or any part of that building and that grant or assignment is a zero-rated supply to the extent only as provided by–
a
note (8) to Group 8 of Schedule 5 to the Act , or
b
that note as applied to Group 8A of that Schedule by note (1A) to Group 8A , or
c
paragraph 13(3)(a) or (b) of Schedule 3 to the Finance Act 1989 ,
any subsequent exempt supply of his arising directly from that grant or assignment shall be disregarded in determining the extent to which the capital item is used in making taxable supplies in any interval applicable to it.
.
P.G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
14th December 1989


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1989 and shall come into force on1st October 1989.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to exhaust emissions
3
At the end of regulation 4 there shall be added the following paragraph: —
14
Schedule 1B shall have effect for the purpose of specifying, in relation to certain vehicles, dates which are to be read as if they appeared in columns (5) and (6) of item 2B, and column (5) of items 2C and 2D in Schedule 1.
.
4
For items 2, 2A and 2B in Schedule 1 there shall be substituted the items numbered 2, 2A, 2B, 2C and 2D as set out in Schedule 1 to these Regulations.
5
A Schedule shall be inserted after Schedule 1A in accordance with the provisions of Schedule 2 to these Regulations.
Supplementary provisions
6
In Schedule 1, in column (2) of items 3, 3A and 3B, for the words “Exhaust emissions” there shall be substituted the words “Smoke emissions”.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State
Department of Transport
31st August 1989


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Curriculum and Related Information) Regulations 1989 and shall come into force–
a
except for regulations 8 and 10 in so far as they apply to pupils with statements of special educational needs and regulations 11 and 12, on 1st August 1989;
b
as regards regulations 8 and 10 in so far as they apply to pupils with statements of special educational needs, regulation 11, except in so far as it applies to such pupils, and regulation 12, on 1st August 1990; and
c
as regards regulation 11 in so far as it applies to pupils with statements of special educational needs, on 1st August 1991.
2
These Regulations, other than regulation 3, apply to schools in England only.
3
The amendments made by regulation 3 apply to schools in England and Wales.
4
These Regulations do not apply in relation to nursery schools.
Interpretation
2
1
In these Regulations–
“the 1981 Regulations ” means the Education (School Information) Regulations 1981 ;
“the 1986 Act ” means the Education ( No. 2) Act 1986 ;
“the 1988 Act ” means the Education Reform Act 1988;
“computer-readable form” means a form capable of being utilised by any device for storing and processing information;
“education authority” means a local education authority;
“Her Majesty’s Inspector” means an inspector appointed by Her Majesty under section 77(2) of the Education Act 1944 ;
“maintained school” means–
any county or voluntary school;
any maintained special school which is not established in a hospital; and
except in relation to a local education authority, any grant-maintained school; and
“scheme of work” means any written document other than a syllabus describing the content and organisation of any course of study to be followed by pupils at the school.
2
Where these Regulations require particulars to be supplied in the form set out in Schedule 1 or 2, or a form to the like effect, that requirement may be met by so supplying that information in computer-readable form.
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph, and any reference to a numbered Schedule is to the Schedule bearing that number to these Regulations.
Amendment of the 1981 Regulations (maintained schools other than grant-maintained schools, but including maintained special schools established in a hospital).
3
1
The following paragraph shall be inserted after paragraph (3) of regulation 6 of the 1981 Regulations–
3A
In the case of any school in England, where any such information as is referred to in paragraph 4A of Schedule 2 is to be published by the education authority, it shall be supplied to them by the governing body and shall be published without material alteration.
2
The following paragraphs shall be substituted for paragraph 4 of Schedule 2 to the 1981 Regulations–
4
In the case of any school in Wales, particulars of the school curriculum including, in particular–
a
of the curricula for different age groups;
b
of the subject choices, if any, available (including the arrangements for the making by parents and pupils of such choices);
c
of the manner and context in which education as respects sexual matters is given;
d
except in the case of a primary school, a middle school or a special school, of the level up to which particular subjects are taught; and
e
except in the case of a primary school or a middle school, of the careers education provided.
4A
In the case of any school in England, particulars relating to the school curriculum including, in particular–
a
i
in the case of a county, controlled or maintained special school, a summary of the governing body’s statement pursuant to section 18(1) of the Education (No. 2) Act 1986 of their conclusions as to the aims of the secular curriculum for the school and how (if at all) the education authority’s policy as to that curriculum should be modified; or,
ii
in the case of an aided or special agreement school, a summary of any written statement made by the governing body of their policy as to the secular curriculum for the school or an indication (if such is the case) that no such statement has been made;
b
a summary of the content and organisation of that part of the curriculum relating to sex education (where such education forms part of the secular curriculum of the school);
c
details of the time set aside for teaching during each school day;
d
the dates of the school terms and half-term holidays for the next school year;
e
a summary in respect of each year group of the content of the school curriculum and how it is organised, indicating in particular how the foundation subjects and religious education are organised, what other subjects and cross-curricular themes are included in the curriculum for all pupils, what optional subjects are available and how choices among them are constrained;
f
a list of the external qualifications for which courses of study are provided for pupils of compulsory school age at the school and which are for the time being approved by the Secretary of State or by a designated body under section 5 of the Education Reform Act 1988;
g
the titles of the syllabuses associated with the qualifications referred to in sub-paragraph (f), or where criteria for determining a syllabus have been so approved, a statement to that effect;
h
a list of the external qualifications, and the names of the syllabuses associated with them, which are offered to pupils over compulsory school age;
i
particulars of any careers education provided and any arrangements made for work experience for pupils;
j
in the case of any county, voluntary or maintained special school (other than a special school established in a hospital), particulars of the manner in which complaints are to be made under arrangements pursuant to section 23 of the Education Reform Act 1988; and
k
the arrangements for the inspection and (where applicable) the obtaining of copies of any documents which are for the time being required to be made available by or under the Education (School Curriculum and Related Information) Regulations 1989.
.
3
For the words “without prejudice to paragraph 4” in paragraphs 5(2) and 6 of Schedule 2 to the 1981 Regulations, in both places there shall be substituted the words “without prejudice to paragraphs 4 and 4A”.
Information to be published with the governing body’s annual report to parents and supply of copies of that report
4
1
The governing body of every maintained school shall publish with the annual report required to be prepared under section 30 of the 1986 Act or section 58(5)(j) of the 1988 Act (as the case may be) particulars of the dates of the beginning and end of each term and of half-term holidays for the next school year and a summary of any changes to information contained in the school prospectus since it was last published.
2
The governing body shall furnish a copy of such a report as is referred to in paragraph (1) and of the particulars and summary referred to therein to the head teacher of the school and–
a
in the case of a grant-maintained school, to the Secretary of State; and
b
in the case of any other school, to the education authority.
Public access to documents and information
5
1
Each education authority shall furnish the governing body and the head teacher of every county, voluntary and special school maintained by them (other than a special school established in a hospital) with an up to date copy of any written statement made by them under section 17 of the 1986 Act (statement of policy in relation to the secular curriculum).
2
The governing body of every county, controlled and maintained special school (other than a special school established in a hospital) shall furnish the head teacher and the education authority with an up to date copy of any written statement made by them pursuant to provision made under section 18(1) of the 1986 Act (statement of conclusions as to the aims of the secular curriculum for the school and how (if at all) the education authority’s policy should be modified).
3
The governing body of every aided school shall, where they have made any written statement of their policy as to the secular curriculum for the school, furnish a copy of it to the head teacher and to the education authority.
4
The governing body of every grant-maintained school shall, where they have made any written statement of their policy as to the secular curriculum for the school, furnish a copy of it to the head teacher and the Secretary of State.
5
Every head teacher to whom any copy of a statement is furnished under this regulation shall make it available, at all reasonable times, to persons wishing to inspect it.
6
1
Subject to paragraph (2), the head teacher of every maintained school shall make available on request the information referred to in paragraph (3), at all reasonable times.
2
Paragraph (1) does not apply to such information where it relates solely to a nursery class in a primary school.
3
The information referred to in paragraph (1) is information relating to–
a
any statutory instruments, departmental circulars and administrative memoranda sent by the Department of Education and Science to the head teacher or the governing body relating to the powers and duties imposed by or under Chapter I of Part I of the 1988 Act (The Curriculum);
b
any published reports of Her Majesty’s Inspectors referring expressly to the school;
c
any schemes of work currently used in the school;
d
any syllabuses followed by pupils at the school, whether for qualifications authenticated by an outside person or otherwise;
e
in the case of any county, voluntary or maintained special school (other than a special school established in a hospital), the arrangements made by the education authority under section 23 of the 1988 Act for the consideration and disposal of complaints;
f
in the case of any grant-maintained school, the arrangements made by the governing body under the school’s articles of government for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school;
g
i
in the case of any maintained school other than a grant-maintained school, any agreed syllabus for religious education adopted by the education authority which applies in that school;
ii
in the case of any voluntary school, that part of the trust deed governing religious education and any other written statement produced by the governing body about the arrangements which have been made for religious education in that school; and
iii
in the case of any grant-maintained school, such of the documents referred to in sub-paragraph (g)(i) or (ii) as apply in relation to that school.
4
The requirement in paragraph (1) may be fulfilled by making available for inspection copies of any documents referred to in paragraph (3), or of any documents containing the information referred to therein.
7
1
The head teacher of any maintained school shall, on request, supply a copy of any document which he is required to make available for inspection under regulation 5, and may supply a copy of any document (except those which are copyright) made available pursuant to regulation 6(4).
2
The head teacher may make a charge (not exceeding the cost of production) in respect of any copies supplied under paragraph (1).
Provision of statistical information
8
1
The governing body of every county, voluntary and maintained special school (other than a special school established in a hospital) shall make available to the education authority not later than 30th June in each year such particulars of the educational provision made in the school in that school year in respect of pupils in each year group as are referred to in paragraph (3).
2
The head teacher of every county, voluntary and maintained special school (other than a special school established in a hospital) shall make available to the governing body of the school not later than 30th June in each year such particulars of the educational provision which is intended to be made in the school in the next following school year in respect of pupils in each year group as are referred to in paragraph (3).
3
The particulars referred to in paragraphs (1) and (2) are:
a
the subjects or courses taught;
b
the number of hours per week each subject or course is taught;
c
the length of each course in weeks, a course lasting the whole school year being taken to last 38 weeks;
d
the number of cycles for each course, that number being:
i
for a course lasting the whole school year, 1; and
ii
for a course which consists of parts each lasting less than the whole school year (whether described as a modular course or a rotational course or otherwise), the number of such parts taken in the school year;
e
i
the total number of hours for which each subject or course is taught in the school year (differentiated to show the number of hours common to all pupils in the year group and the number of hours of additional teaching for particular groups of pupils);
ii
for those subjects or courses common to the whole year group, the time spent in each year on objectives relating to particular subject areas and cross-curricular themes; and
iii
an indication of such objectives relating to those subjects or courses not common to the whole year group.
f
the number of pupils (given both as a total and differentiated by gender) studying the subject or following the course, as the case may be;
g
the number of groups (if any) into which the total number referred to in sub-paragraph (f) is divided; and
h
the grouping criteria determining the groups referred to in sub-paragraph (g), that is to say, whether they are of mixed ability, differentiated by ability, differentiated by gender, or determined in some other way.
4
A governing body to which particulars are supplied under paragraph (2) shall make them available, on request, to the education authority and the Secretary of State.
5
The governing body of every county, voluntary and maintained special school (other than a special school established in a hospital) shall make available to the education authority not later than 30th June in each year particulars of the numbers of pupils of compulsory school age in the school in that school year in respect of whom–
a
a statement of special educational needs is not maintained and for whom the National Curriculum has been modified or disapplied in whole or in part during that year; and
b
a statement of special educational needs is maintained, indicating whether the National Curriculum is not subject to exceptions or is modified or disapplied in whole or in part during that year,
specifying in either case the foundation subjects so modified or disapplied.
9
1
The particulars required to be supplied by governing bodies and head teachers under regulation 8(1) and (2) shall be in the relevant form set out in Part 1, 2 or 3 of Schedule 1, or a form to the like effect.
2
The particulars required to be supplied by governing bodies under regulation 8(5) shall be in the relevant form set out in Part 1 or 2 of Schedule 2, or a form to the like effect.
10
1
The governing body of every grant-maintained school shall send to the Secretary of State, not later than 30th June in each year, a statement containing the particulars referred to in regulation 8(3) and (5), in the relevant form set out in Schedule 1 or 2 (as the case may be) or a form to the like effect.
2
The head teacher of every grant-maintained school shall make available to the governing body of the school not later than 30th June in each year such particulars of the educational provision which is intended to be made in the school in the next following school year as are referred to in regulation 8(3).
3
A governing body to which particulars are supplied under paragraph (2) shall make them available, on request, to the Secretary of State.
4
The governing body of every grant-maintained school shall make available to the education authority not later than 30th June in each year the particulars referred to in regulation 8(5)(b) in respect of pupils at the school.
11
Every education authority shall send to the Secretary of State, not later than 30th September in each year copies of the particulars supplied to them by the governing bodies under regulation 8(1) and (5).
Information about religious education and collective worship
12
Every education authority shall–
1
notify the Secretary of State when a new agreed syllabus for religious education is adopted by them; and
2
provide annual returns, not later than 30th September in each year, of the number and effect of any determinations made by their standing advisory council on religious education under section 12 of the 1988 Act (which relates to determinations as to whether the requirement for Christian collective worship is or is not to apply in relation to a particular county school or any class or description of pupils at that school).
Translation of documents
13
1
This regulation shall apply in relation to any document which is mentioned, or which contains such information or particulars as are mentioned, in the preceding provisions of these Regulations and which is published in accordance therewith.
2
If it appears requisite to an education authority or, as the case may be, the governing body of a maintained school, that any such document should be translated into a language other than English, it shall be so translated and the translated document shall be published or made available in such manner as appears to the governing body to be appropriate:
Provided that where a charge for a copy of the original document may be made, no greater charge shall be made for a copy of any document so translated.
Supplementary provisions
14
Where by virtue of any provision made in the 1981 Regulations or these Regulations any duty is placed on the governing body of any school to provide or to publish any information, and that information is not within their knowledge but is within the knowledge of the head teacher of that school, he shall supply it to them; and the converse shall apply in the case of any such duty to provide or publish any information which is placed on a head teacher.


text:
1
These Rules may be cited as the Poisons (Amendment) Rules 1989 and shall come into force on 1st March 1989.
2
1
The Poisons Rules 1982 shall be amended in accordance with the following provisions of this Rule.
2
In the proviso to rule 6(3), for the words “twenty-four” there shall be substituted the words “seventy-two”.
3
Rule 23 shall be omitted.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
27th January 1989


text:
Citation and commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Amendment) (No. 2) Regulations 1989, and shall come into force on 1st June 1989.
2
In these Regulations “the principal Regulations ” means the Teachers' Superannuation (Consolidation) Regulations 1988 .
Salary on which contributions are payable
2
Regulation C1 of the principal Regulations is amended–
a
in paragraph (1), by substituting for the words “paragraphs (2) to (11)” the words “paragraphs (2) to (12)”; and
b
by inserting after paragraph (11) the following:–
12
In the case of a person entering pensionable employment after 31st May 1989 with no right to count any period before 1st June 1989 as reckonable service, in any tax year in which the contributable salary calculated in accordance with paragraphs (1) to (11) exceeds £60,000 the excess does not form part of his contributable salary.
.
Additional contributions for current period
3
Regulation C8(7) of the principal Regulations is amended by substituting for the words “the salary that would have been payable” the words “what his contributable salary would have been”.
Overriding provision as to guaranteed minimum pensions
4
Regulation E1(5) of the principal Regulations is amended by deleting the words after “Pensions Act”.
Revaluation of guaranteed minimum in certain cases
5
Regulation H5(3) of the principal Regulations is amended by deleting the words ““tax year” means the 12 months beginning with 6th April in any year and”.
Glossary of expressions
6
Schedule 1 to the principal Regulations is amended by inserting after the entry relating to the expression “Supervisor” the following:–
“Tax year” The 12 months beginning with 6th April in any year.
.
Kenneth Baker
Secretary of State for Education and Science
4th May 1989
We consent
Stephen Dorrell
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
8th May 1989


text:
Application, citation and commencement
1
1
This Order shall apply to the Leeds urban development area.
2
This Order may be cited as the Town and Country Planning (Leeds Urban Development Area) Special Development Order 1989 and shall come into force on27th December 1989.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1971 Act ” means the Town and Country Planning Act 1971;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Leeds Development Corporation (Area and Constitution) Order 1988 ;
“the development corporation” means the Leeds Development Corporation;
“the General Development Order ” means the Town and Country Planning General Development Order 1988 ; and expressions used in this Order shall have the meaning which they bear in the General Development Order; and
“new street” has the same meaning as in Part X of the Highways Act 1980 .
Permitted development
3
Subject to the following provisions of this Order development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject —
a
to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;
b
where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading and unloading, provision for the storage of vehicles and containers, and the storage of materials in the open and the landscaping of the site; and
c
where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.
Exception where section 45 order previously made
4
Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5
Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6
1
The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the Leeds City Council, except where that council have advised the development corporation that they do not wish to be consulted.
2
The development corporation shall, before beginning any development permitted by this Order which, in its opinion, falls within a category set out in the Schedule hereto, or granting any approval required by article 3(b) or (c) of this Order in relation to such development, consult the authority, person or body mentioned in relation to that category, except where the authority, person or body so mentioned has advised the development corporation that they do not wish to be consulted.
3
Where this Order requires the development corporation to consult any authority or other person or body, the corporation shall —
a
give to that authority or other person or body not less than 14 days' notice of the proposed development together with particulars sufficient to identify the site and describe the development and, where the consultation relates to an approval required by article 3(b) or (c) of this Order, particulars of the proposed approval;
b
not begin to carry out the development or grant the proposed approval until the expiration of the period of such notice; and
c
take into account any objections or other representations received from such authority, person or body.
4
Where any objection or representation has been made by an authority or other person or body consulted as aforesaid and has not been withdrawn, the development corporation shall send particulars of the proposed development and, where applicable, of the proposed approval under article 3(b) or (c) of this Order, and of the objection or representation to the Secretary of State in writing, and shall not begin the development orgrant any such approval until the Secretary of State has notified the corporation that he does not intend to give a direction under article 7 of this Order in respect of the development.
Directions restricting development permitted by this Order
7
1
If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, he may direct that the permission granted by that article shall not apply to that development.
2
Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the corporation on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.
Chris Patten
Secretary of State for the Environment
24th November 1989


text:
1
This Order may be cited as the Unitary Development Plans (South Yorkshire and Hounslow) (Appointed Day) Order 1989 and shall come into force on 28th November 1989.
2
28th November 1989 is appointed as the day on which Part I of Schedule 1 to the Local Government Act 1985 shall come into force in the areas of the local planning authorities listed in the Schedule hereto.
Chris Patten
Secretary of State for the Environment
30th October 1989


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1989 and shall come into force on 1st October 1989.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to exhaust emissions
3
At the end of regulation 4 there shall be added the following paragraph: —
11
Schedule 1B shall have effect for the purpose of specifying, in relation to certain vehicles, dates which are to be read as if they appeared in columns (5) and (6) of item 4C, and column (5) of items 4D, 4E and 27 in Schedule 1
.
4
In Schedule 1 —
a
for items 4B, 4C and 4D there shall be substituted the items 4B, 4C, 4D and 4E so numbered in Schedule 1 to these Regulations; and
b
after item 26 there shall be added as item 27, the item so numbered in Schedule 1 to these Regulations.
5
A Schedule shall be inserted after Schedule 1A in accordance with the provisions of Schedule 2 to these Regulations.
Supplementary provisions
6
In Schedule 1, in column (2) of items 5, 5A and 5B, for the words “Exhaust emissions” there shall be substituted the words “Smoke emissions”.
7
In Schedule 1A, for the definition of “off-road vehicle” there shall be substituted — ““off-road vehicle” has the meaning given by Annex 1 to Council Directive 70/156/ EEC of 6th February 1970 as read with Council Directive 87/403/EEC of 25th June 1987 ;”.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State
Department of Transport
31st August 1989


text:
1
This Order may be cited as the Turks and Caicos Islands (Territorial Sea) Order 1989 and shall come into force on 1st January 1990.
2
The boundaries of the Turks and Caicos Islands are hereby extended to include, as territorial sea, that part of the sea which is situated within 12 nautical miles measured from the baselines as established by articles 3 and 4 of this Order, together with the seabed of the territorial sea and its subsoil.
3
1
Except as otherwise provided in paragraph (2) of this article and article 4 of this Order, the baseline from which the breadth of the territorial sea adjacent to the Turks and Caicos Islands is measured shall be the low water line along the coast of all islands comprised in the Colony of the Turks and Caicos Islands.
2
For the purpose of this article a low-tide elevation which lies wholly or partly within the breadth of sea which would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth thereof and if article 4 of this Order were omitted shall be treated as an island.
4
1
The baseline from which the breadth of the territorial sea is measured between North West Point, Providenciales and Company Point, West Caicos; between South West Point, West Caicos and the south-easterly point of Toney Rock; and between the north-easterly point of Toney Rock and Drum Point, East Caicos shall consist of the series of loxodromes drawn so as to join successively, in the order in which they are there set out, the points identified by the co-ordinates of latitude and longitude in the first column of the Schedule to this Order, each being a point situate on the low water line on or adjacent to the feature named in the second column of that Schedule opposite to the co-ordinates of latitude and longitude of the point in the first column.
2
The provisions of paragraph (1) of this article shall be without prejudice to the operation of article 3 of this Order in relation to any island or low-tide elevation which for the purposes of that article is treated as if it were an island, being an island or low-tide elevation which lies to seaward of the baseline specified in paragraph (1) of this article.
5
In this Order–
a
“island” means a naturally formed area of land surrounded by water which is above water at mean high-water spring tides;
b
“low-tide elevation” means a naturally formed area of drying land surrounded by water which is below water at mean high-water spring tides; and
c
“nautical miles” means international nautical miles of 1,852 metres.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Fixing of Fees Relating to Medicinal Products for Human Use) Order 1989 and shall come into force on the day after the day on which it is made.
2
In this Order–
“the 1968 Act ” means the Medicines Act 1968 ;
“the 1971 Act ” means the Medicines Act 1971 ;
“the 1987 Act ” means the Finance (No. 2) Act 1987;
“medicinal product” includes any substance or article specified in any order made under section 104 or 105(1)(a) of the 1968 Act which directs that Part II of that Act shall have effect in relation to such substance or article;
and other expressions have the same meaning as in the 1968 Act.
Functions the costs of which are to be taken into account in fixing fees under the 1971 Act
2
In relation to the power of the Ministers under section 1(1) of the 1971 Act to make regulations providing for the payment of such fees as are prescribed by the regulations with regard to the matters specified in that subsection, the functions specified for the purpose of section 102(3) of the 1987 Act are, as respects matters relating to medicinal products for human use, those functions set out in Schedule 1 to this Order.
Matters to be taken into account in determining the costs of functions specified in Schedule 1 hereto
3
In relation to each of the functions specified by article 2 of, and Schedule 1 to, this Order for the purposes of section 102(3) of the 1987 Act, the matters specified for the purposes of section 102(4) of that Act are those set out in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
13th April 1989
Peter Walker
Secretary of State for Wales
12th April 1989
Malcolm Rifkind
Secretary of State for Scotland
12th April 1989
Tom King
Secretary of State for Northern Ireland
17th April 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereto affixed on 13th April 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 —
a
a special road along the route described in Schedule 1 to this scheme (this special road being in this scheme referred to as “the Motorway”), and
b
special roads along the routes described in Schedule 2 to this Scheme for the purposes of connecting the Motorway with other highways at the places stated in that schedule (these special roads being in this Scheme referred to as “the connecting roads”).
2
The centre line of the Motorway and each of the connecting roads are indicated by heavy black lines on the deposited plan.
3
These special roads shall become trunk roads on the date on which this Scheme comes into force.
In this Scheme: —
1
all measurements of distance are measured along the route of the relevant highway;
2
“the deposited plan” means the plan numbered HA16/YHRO 2 marked “The M621 Motorway (Ring Road, Beeston to Dewsbury Road Section) and Connecting Roads Scheme 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, LondonSW1P 3PY;
This Scheme shall come into force on 1st April 1989, and may be cited as the M621 Motorway (Ring Road, Beeston to Dewsbury Road, Section) and Connecting Roads Scheme 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional DirectorYorkshire and Humberside Region
Department of Transport
6th March 1989


text:
Citation, commencement ansd interpretation
1
1
These Regulations may be cited as the Special Hospitals Service Authority (Functions and Membership) Amendment Regulations 1989 and shall come into force on 1st October 1989.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the principal Regulations ” means the Special Hospitals Service Authority (Functions and Membership) Regulations 1989 .
Amendment of the principal Regulations
2
1
In the principal Regulations, for regulation 2 (functions of the Special Hospitals Service Authority) there shall be substituted the following regulation: —
Functions of the Authority
2
1
Subject to paragraphs (2) and (3) of this regulation and in accordance with such directions as the Secretary of State may give under the Act, the Authority shall exercise on his behalf —
a
the Secretary of State’s functions under section 1 of the Act so far as they consist of a duty to provide and maintain special hospitals as mentioned in section 4 of that Act;
b
the Secretary of State’s functions under the provisions of the Act specified in column 1 of the Schedule to these Regulations (the subject matter of the relevant function being indicated in column 2 of that Schedule) so far as they relate to the special hospitals, including functions under regulations made under any of those provisions;
c
the Secretary of State’s functions under the Mental Health Act 1983 as manager of the special hospitals by virtue of section 145(1) of that Act.
2
Nothing in these Regulations —
a
is to be taken as giving directions for the exercise of any function conferred on or vested in the Secretary of State with respect to the making of any Order or Regulations; or
b
enables the Authority to exercise the Secretary of State’s functions under section 87(1) of the Act with respect to the compulsory acquisition of land.
3
The Secretary of State’s powers under section 2 of the Act are exercisable by the Authority only to such extent as is necessary for the proper exercise of one or more other functions which the Secretary of State has directed the Authority to exercise on his behalf.
4
The exercise of the Secretary of State’s function under section 3(1)(c) of the Act with respect to the provision of ambulance services is subject to obtaining his approval to the proposed arrangements for such exercise.
2
To the principal Regulations, there shall be added at the end the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Roger Freeman
Parliamentary Under-Secretary of State
Department of Health
3rd September 1989


text:
a
This Order may be cited as the Inverclyde Enterprise Zones Designation Order 1989 and shall come into force on 3rd March 1989.
2
In this Order “the deposited map” means the map marked “map referred to in the Inverclyde Enterprise Zones Designation Order 1989”, prepared in duplicate and signed by an Assistant Secretary in the Industry Department for Scotland, Scottish Office, of which one duplicate has been deposited and is available for inspection at the principal offices of Inverclyde District Council at Municipal Buildings, Clyde Square, Greenock and of which the other duplicate has been deposited and is available for inspection at the offices of the Secretary of State at St. Andrew’s House, Edinburgh.
3
The areas to which the Inverclyde Enterprise Zones Scheme relates, being the sites named as Site No. 1 (Kelburn (Reclamation)), Site No. 2 (Kelburn), Site No. 3 (Gourock Ropeworks), Site No. 4 (Ardgowan Street), Site No. 5 (James Watt Dock/Garvel Island), Site No. 6 (Cartsburn), Site No. 7 (Baker Street), Site No. 8 (East India and Victoria Harbours), Site No. 9 (Larkfield Platform), Site No. 10 (Spango) and Site No. 11 (Faulds), and which are shown on the deposited map and marked accordingly, are hereby designated as enterprise zones with effect from 3rd March 1989.
4
1
The said areas are shown delineated in black and coloured pink on the deposited map. The boundaries of the said areas are represented by the outside of the black delineating line.
2
The period for which the said areas are to remain enterprise zones is a period of 10 years from the date when the designation takes effect.
3
Inverclyde District Council is hereby designated as the enterprise zone authority for the Inverclyde Enterprise Zones.
Ian Lang
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
26th January 1989
We consent,
Kenneth Carlisle
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1989


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 3) Order 1989, shall apply to Great Britain and shall come into force on 6th December 1989.
Amendment of the Plant Health (Great Britain) Order 1987
2
The Plant Health (Great Britain) Order 1987 shall be amended as follows:–
In Schedule 3 –
1
In Part VI after Item 75 there shall be inserted the following item –
75A
Raw vegetables from plants of: —
horseradish ( Armoracia L.)
radish ( Raphanus L.).
Where the consignment originates in the Netherlands it shall be free from foliage.
;
2
In Part VII B –
a
in the title the words “ DENDRANTHEMA, DIANTHUS, GLADIOLUS, GYPSOPHILA, PROTEA, PRUNUS, ROSA, SALIX, SYRINGA AND VITIS ” SHALL BE OMITTED AND THERE shall be substituted the following: —
ACHILLEA, ANTIRRHINUM, ANEMONE, ASTER, CALENDULA, CALLISTEPHUS, CARTHAMUS, CHRYSANTHEMUM, CIRSIUM, CENTAUREA, DENDRANTHEMA, DIANTHUS, GLADIOLUS, GYPSOPHILA, LIATRIS, LISIANTHIUS, PROTEA, PRUNUS, ROSA, SALIX, SOLIDAGO, SOLIDASTER, SYRINGA, VITIS AND ZINNIA
.
b
in column 2 of Item 77 before the words “ Dendranthema (DC.) Des Moulins (including florists` chrysanthemum)” there shall be inserted the following: —
Chrysanthemum L. (including Chrysanthemum coccineum Willd. (syn. Tanacetum coccineum Willd. Grierson) (Pyrethrum), Chrysanthemum leucanthemum L. (syn. Leucanthemum vulgare Lam.), Chrysanthemum maximum Ramond (syn. Leucanthemum maximum Ramond DC) and Chrysanthemum parthenium L. (syn. Tanacetum parthenium L.Sch. Bip.) (Chrysanthemum matricaria))
;
c
after Item 81 there shall be inserted the following item –
82
Cut flowers of the genera
Achillea L. Where the consignment is of cut flowers originating in the Netherlands, it shall be accompanied by a phytosanitary certificate. Antirrhinum L. Anemone L. (Mona Lisa type only) Aster L. Calendula L. Callistephus Cass. Carthamus L. Cirsium Miller Centaurea L. Liatris Schreber Lisianthius P. Browne (syn. Lisianthus L.) Solidago L. Solidaster Wehrh. Zinnia L.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th November 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Lord James Douglas-Hamilton
Parliamentary Under Secretary, Scottish Office
29th November 1989
Peter Walker
Secretary of State for Wales
30th November 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of the new trunk roads are indicated by a heavy black line on the deposited plan.
3
The lengths of trunk road described in Schedule 2 to this Order, and shown by broad striped hatching on the deposited plan shall cease to be trunk roads, and shall be classified as unclassified (between points “A” and “B” on the deposited plan) and classified road (between points “C” and “D” on the deposited plan) as from the date on which the Secretary of State notifies the County Council of Dyfed that the new trunk roads are open for through traffic.
4
In this Order:–
All measurements of distance are measured along the route of the relevant highway.
i
“the deposited plan” means the plan numbered HA10/2 W064 marked “The Carmarthen-Llandeilo Trunk Road A40 (Llandeilo Northern By-pass) Order 1989”, signed by authority of the Secretary of State, and deposited at the Welsh Office Repository, Curran Embankment, Cardiff.
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order.
iii
“the trunk road” means the Carmarthen-Llandeilo Trunk Road (A40).
iv
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads, but is classified for the purpose of every enactment or instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads.
5
The Llandeilo-Carmarthen Trunk road (Penrock Bends Diversion) Order 1979 is hereby revoked except for that length of new Trunk Road mentioned in article 1 of that Order and described in Schedule 1 to that Order, starting at a point about 140 metres east of Woodlands House and extending in a generally easterly direction for about 390 metres to a point 200 metres south-east of the east side of King’s Lodge.
6
This Order shall come into force on 31st March 1989 and may be cited as the Carmarthen-Llandeilo Trunk Road A40 (Llandeilo Northern By-pass) Order 1989.
Signed by authority of the Secretary of State
J. A. Morgan
An Assistant Secretary Welsh Office
23rd February 1989


text:
Citation and commencement
1
These Regulations may be cited as the Reservoirs Act 1975 (Application Fees) (Amendment) Regulations 1989 and shall come into force on1st January 1990.
Application fees
2
1
In regulation 2(2) of the Reservoirs Act 1975 (Supervising Engineers Panel) (Applications and Fees) Regulations 1984 (fee for appointment to the Supervising Engineers Panel), for “£120” substitute “£150”.
2
In regulation 2(2) of the Reservoirs Act 1975 (All Reservoirs Panel) (Applications and Fees) Regulations 1985 and regulation 3(2) of the Reservoirs Act 1975 (Non-Impounding and Service Reservoirs Panels) (Applications and Fees) Regulation 1985 (fees for appointment to the All Reservoirs Panel and to the Non-Impounding and Service Reservoirs Panels), for “£155” substitute “£185”.
Revocation
3
The Reservoirs Act 1975 (Application Fees) (Amendment) Regulations 1988 are revoked.
Chris Patten
Secretary of State for the Environment
30th November 1989
Peter Walker
Secretary of State for Wales
3rd December 1989
James Douglas Hamilton
Parliamentary Under Secretary of State, Scottish Office
6th December 1989


text:
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
2
In the Education (Teachers) Regulations 1982 (“the principal Regulations”), for regulations 3 to 7 and for the headings thereto there shall be substituted the following regulations and headings–
Schools and institutions to which these Regulations apply and interpretation
3
1
Except where the context otherwise requires, in these Regulations–
a
a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained, or a grant-maintained school,
b
a reference to a further or higher education institution is a reference to an institution providing further education or higher education (or both) which is either maintained by a local education authority or is designated by or under Schedule 3 as an institution substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the Education Act 1944 ;
c
a reference to a PCFC institution is a reference to an institution treated as within the PCFC funding sector by virtue of section 132(6) of the Education Reform Act 1988;
d
a reference to an institution, without qualification, is a reference to a further or higher education institution or a PCFC institution;
e
a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years.
2
Except where the context otherwise requires, in these Regulations–
“Her Majesty’s Inspector” means one of the inspectors appointed under section 77 of the Education Act 1944;
“relevant employment” has the meaning assigned thereto by regulation 7;
“qualified teacher” has the meaning assigned thereto by regulation 13 and “unqualified teacher” shall be construed accordingly.
Approvals
4
Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case.
Cross references
5
Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained therein or to a Schedule thereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
PART II
PROVISIONS APPLYING TO SCHOOLS AND FURTHER OR HIGHER EDUCATION INSTITUTIONS
Staffing of schools and further or higher education institutions
6
1
At any school or further or higher education institution there shall be employed by the authority or body concerned a staff of teachers suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils thereat having regard, where there are such arrangements, to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or institution in question or by the authority or body concerned.
2
Without prejudice to the generality of paragraph (1)–
a
the staff of teachers employed at a school shall include a head teacher;
b
the staff of teachers employed at a further or higher education institution shall have qualifications appropriate to the giving of adequate instruction in the subjects in which courses are provided.
3
The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools contained in Part III of these Regulations.
PART IIA
PROVISIONS OF GENERAL APPLICATION
Employment to which Part IIA applies
7
This Part shall apply in relation to the employment of persons–
a
by a local education authority, as teachers (whether or not at a school or institution) or as workers with children or young persons;
b
by any other body, as teachers at a school or institution;
and any reference in this Part to relevant employment is a reference to such employment.
.
3
1
In paragraph 1 of Schedule 3 to the principal Regulations there shall be substituted for the words “further education establishment” and “further education establishments” in each place where they appear the words “further or higher education institution” or “further or higher education institutions” respectively.
2
For paragraph 2 of Schedule 3 to the principal Regulations there shall be substituted the following paragraph–
2
The institutions referred to in paragraph 1(1) are–
Institutions assisted by a local education authority
Cordwainers Technical College, London
Morley College
Institutions receiving grants under Section 100(1)(b) of the Education Act 1944.
Cambridge Institute of Education
Coleg Harlech, Gwynedd
College of the Sea, London
Co-operative College, Loughborough
Fircroft College, Birmingham
Hillcroft College, Surbiton
National Sea Training Trust, London
Northern College, Oxford
Plater College, Oxford
Ruskin College, Oxford
Trinity College, Carmarthen
4
In paragraph 1 of Schedule 6 to the principal Regulations–
a
for the word “Part” in the definition of “probationary teacher” there shall be substituted the word “Schedule”;
b
there shall be added after the definition of “relevant authority or body” the following–
“school” excludes a grant-maintained school.
.
Kenneth Baker
Secretary of State for Education and Science
6th March 1989


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order to connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads 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
The length of trunk road described in Schedule 3 to this Order, and shown by broad striped hatching on the deposited plan, shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Cornwall that the new trunk roads are open for through traffic.
5
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2 CSWM 52 marked “The London-Penzance Trunk Road A30 (Zelah Bypass and Slip Roads) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the main new trunk road and the slip roads; and
iv
“the Trunk Road” means the London-Penzance Trunk Road (A30).
6
This Order shall come into force on 30th June 1989 and may be cited as the London-Penzance Trunk Road A30 (Zelah Bypass and Slip Roads) Order 1989.
Signed by authority of the Secretary of State
G. M Wedd
Regional Director South West Region
Department of Transport
6th June 1989


text:
1
This Order may be cited as the Home Purchase Assistance (Recognised Lending Institutions) (No. 2) Order 1989 and shall come into force on 4th December 1989.
2
The following bodies are hereby added to the list in section 447(1) of the Housing Act 1985:
a
Credit Agricole Personal Finance plc
b
Credit Agricole Mortgage Company No. 1 Limited
c
Credit Agricole Mortgage Company No. 2 Limited
d
Credit Agricole Mortgage Company No. 3 Limited.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
8th November 1989
We consent,
John Taylor
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 1989


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (General) Order 1989 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister;
“urban development areas” means the areas designated as urban development areas by the Black Country Development Corporation (Area and Constitution) Order 1987 and the Wolverhampton Urban Development Area Order 1988 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 9 to 24, 26, 27 and 29 to 33 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (General) Order 1989”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment, the British Waterways Board, the Severn-Trent Water Authority, the councils of the boroughs of Sandwell, Walsall and Wolverhampton, the West Midlands Residuary Body and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and either stippled or edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in the Schedule hereto and now vested in a body mentioned in the Schedule or in any other local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development areas, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development areas which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
7th June 1989


text:
Citation and commencement
1
These Regulations may be cited as the Genetic Manipulation Regulations 1989 and shall come into force on 1st November 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires — “approved” means approved for the time being in writing by the Health and Safety Executive for the purposes of these Regulations; “genetic manipulation” means the propagation of combinations of heritable material by the insertion of that material, prepared by whatever means outside a cell or organism, into a cell or organism in which it does not occur naturally, either —
a
directly; or
b
into a virus, microbial plasmid or other vector system which can then be incorporated in the cell or organism; “genetic manipulation safety committee” means a committee established under regulation 6(2); “intentional introduction into the environment” means the intentional introduction into the environment (that is outside provision for containment) of a live cell or organism which was produced or modified by genetic manipulation, in vitro cell fusion or other in vitro technique, to form combinations of heritable material which do not occur naturally in that cell or organism; “organism” means any biological entity capable of replication (whether microscopic or not); “pathogen” means any of the following —
a
an organism which falls into one of the hazard groups numbered 2, 3 and 4 in Schedule 1;
b
an animal pathogen within the meaning of Article 3 of the Importation of Animal Pathogens Order 1980 ; or
c
a plant pest within the meaning of Article 3 of the Plant Health (Great Britain) Order 1987 .
2
In these Regulations a reference to “an activity involving genetic manipulation” shall be taken as a reference to an activity involving —
a
the construction or modification of a cell or organism by genetic manipulation;
b
the use of a cell or organism constructed or modified by genetic manipulation; or
c
intentional introduction into the environment,but shall not include a reference to the supply or use of a cell or organism as a finished product for routine use if the construction or modification of that cell or organism by genetic manipulation has been notified under regulation 5.
3
In these Regulations, references to “containment levels” and to “good large-scale practice” shall be treated as references to those terms as further described in the method of risk assessment approved for the purpose of regulation 6(1).
4
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.Meaning of “work” and “at work”
3
For the purpose of these Regulations and Part I of the Health and Safety at Work etc. Act 1974 the meaning of the word “work” shall be extended to include an activity involving genetic manipulation and the meaning of “at work” shall be extended accordingly.Modification of section 3(2) of the Health and Safety at Work etc. Act 1974
4
Section 3(2) of the Health and Safety at Work etc. Act 1974 shall be modified, in relation to an activity involving genetic manipulation, so as to have effect as if the reference to a self-employed person included a reference to any person who is not an employer or an employee in relation to that activity.Notification of activities involving genetic manipulation
5
1
Subject to paragraphs (4) and (6), no person shall carry out an activity involving genetic manipulation unless, before commencing that activity, he has notified the Health and Safety Executive of his intention to do so at least —
a
in the case of an activity involving an intentional introduction into the environment, 90 days in advance;
b
in any other case, 30 days in advance; or
c
in either case, such shorter time in advance as the Executive may agree.
2
Subject to paragraph (4), the notification required by paragraph (1) shall be in an approved form and shall comprise —
a
a notification of an intention to carry out activities involving genetic manipulation which shall contain the particulars specified in Schedule 2; and
b
a notification of each individual activity involving genetic manipulation which shall contain the particulars specified in Schedule 3.
3
Where a person has made a notification in accordance with paragraph (2)(a) and subsequently makes a significant change in the activities to which the notification relates which would affect the particulars notified (including the cessation of those activities), he shall forthwith notify the Executive of that change.
4
In the case of an activity involving genetic manipulation specified in paragraph (5), it shall be sufficient compliance with paragraph (1) if the person who intends to carry out the activity —
a
notifies the Executive in accordance with paragraphs (1) and (2)(a); and
b
as soon as is reasonably practicable after the end of each calendar year sends the Executive a list of the activities carried out during that year containing the particulars specified in Schedule 4.
5
Paragraph (4) shall apply to an activity involving genetic manipulation (other than intentional introduction into the environment) which, when assessed for risk in accordance with regulation 6(1), is assigned to containment levels 1 or 2 or as warranting only the use of good large-scale practice, as the case may be.
6
Paragraph (1) shall not apply where the only activities involving genetic manipulation consist of self-cloning activities (namely the application of genetic manipulation to rearrange the genome of an individual species) except where they involve a pathogen or an intentional introduction into the environment.
Risk assessment
6
1
For the purpose of notifying an individual activity involving genetic manipulation under regulation 5(2)(b) or determining whether the activity is to be assessed as falling into containment levels 1 or 2 or as warranting only the use of good large-scale practice as the case may be and is therefore an activity to which regulation 5(4) applies, the person carrying out the activity shall carry out a risk assessment of the intended activity by the approved method.
2
The person carrying out the activity shall establish a committee for the purpose of advising him in relation to any risk assessment mentioned in regulation 6(1).
Application outside Great Britain
7
These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 as they apply to work within Great Britain.
Exemption certificates
8
1
Subject to paragraph 2, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of person or any activity or class of activities from all or 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 circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments 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.
Revocations and savings
9
1
The Health and Safety (Genetic Manipulation) Regulations 1978 are hereby revoked.
2
In the case of an activity involving genetic manipulation commenced —
a
before the date on which these Regulations come into force it shall be sufficient compliance with regulation 5(1) if the intention to carry out that activity was notified under the said Regulations of 1978;
b
on or after the date on which these Regulations come into force it shall be sufficient compliance with regulation 5(1) (in so far as it requires a notification referred to in regulation 5(2)(a)) if the intention to carry out that activity was notified under the said Regulations of 1978.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
3rd October 1989


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations a reference to“the principal Regulations” is a reference to the Education (Mandatory Awards) Regulations 1988 .
3
In regulation 2 of the principal Regulations for the definition of“establishment” there shall be substituted the following definition:–
“establishment” means a university or establishment of higher education in the United Kingdom, and“establishment of higher education” excludes a university but includes an establishment which also provides further education;
.
4
There shall be substituted for paragraph (4) of regulation 4 of the principal Regulations the following paragraph–
4
a
Subject to sub-paragraph (b), in these Regulations any reference to a course of advanced further education is a reference to a course listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as in force at the making of these Regulations.
b
In the case of a student who begins his course on or after 1st April 1989, any reference in these Regulations to a course of advanced further education shall be read as a reference to a course of higher education.
5
For the words“establishment of further education” in each place where they appear in the principal Regulations and the Schedules thereto there shall be substituted the words“establishment of higher education”.
6
In regulation 12(4) for the word“advance” there shall be substituted the word“advanced”.
7
In regulation 12(7)(a)(ii) and (c)(iii) there shall be added after the reference to section 27 of the Education Act 1980 the following words–
or section 218 of the Education Reform Act 1988
.
8
In paragraph 1(1)(g)(iii) of Schedule 5 to the principal Regulations the word“personal” shall be deleted and there shall be substituted for the words“Health and Social Services Order” the words“Health and Personal Social Services (Northern Ireland) Order”.
Kenneth Baker
Secretary of State for Education and Science
6th March 1989