text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1989 and shall come into force on 31st July 1989.
Interpretation
2
1
In this Order, unless the context otherwise requires –
“ the Act ” means the Medicines Act 1968;
“agriculture requisites” means things used in the cultivation of the soil or in the keeping of animals for the production of food or as game, and equipment used for the collection of produce from animals kept for the production of food and things used for the maintenance of such equipment, and includes any protective clothing but does not include any other kind of human apparel;
“the Department of Agriculture ” means the Department of Agriculture for Northern Ireland;
“the Department of Health ” means the Department of Health and Social Services for Northern Ireland.
“final medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;
“fish farmer” means –
a person carrying on a business of fish farming or shellfish farming which is registered in a register kept by the Minister or the Secretary of State (as the case may be) pursuant to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 , or
a person to whom a licence has been granted by the Department of Agriculture under section 11 of the Fisheries Act (Northern Ireland) 1966 ;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“prescription only medicine” means a medicinal product falling within a description or class for the time being specified for the purposes of section 58 of the Act in an order made under that section ;
“qualifying business” means a business involving in whole or in part the retail sale of agricultural requisites;
“the Register of Manufacturers” means the register of persons entitled to incorporate medicinal products in animal feeding stuffs kept respectively by the Department of Agriculture, and the Society under regulation 6(1) of the Medicines (Medicated Animal Feeding Stuffs) Regulations 1988 ;
“the Register of Merchants” means the register of merchants in veterinary drugs kept respectively by the Department of Health, and the Society under article 3(7) of the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985 and article 5(1) of this Order;
“saddlery business” means a business involving in whole or in part the retail sale of saddlery requisites;
“saddlery requisites” means products and equipment used in the keeping of horses or ponies and things used for the maintenance of such equipment, and includes any human apparel used in the keeping of horses or ponies;
“self-service methods” means any method of sale which allows a purchaser to help himself on or before payment;
“sell by retail” includes offer or expose for sale by retail and supply in circumstances corresponding to retail sale, and cognate expressions shall be construed accordingly;
“the Society” means the Pharmaceutical Society of Great Britain;
“a specially authorised person” means, in relation to a veterinary drug –
a person specially authorised, by virtue of a direction of the licensing authority under article 3(1) of the Medicines (Exemptions from Licences) (Special and Transitional Cases) Order 1971 , to assemble that drug otherwise than in accordance with a manufacturer’s licence; or
a person specially authorised by the product licence in respect of that drug to sell the drug under the alternative product name specified in the licence;
“veterinary drug” includes a veterinary drug in respect of which a product licence is granted, after the date of coming into force of this Order, containing a provision to the effect that it may be sold by retail only in accordance with a prescription by an appropriate practitioner or by a person referred to in article 3(1), 6(1), 7(1) or 9(1) of this Order;
“veterinary drug not on a general sale list” means a veterinary drug which is not of a description or falling within a class, specified in an order under section 51 of the Act which is for the time being in force .
2
Unless the context otherwise requires, any reference in this Order to a numbered article or Schedule is to the article of, or Schedule to, this Order which bears that number.
Exemptions for merchants in veterinary drugs
3
1
The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person who is for the time being carrying on a qualifying business, if that veterinary drug is specified in the second column of Schedule 1 and the conditions contained in paragraph (2) below and article 4 are compiled with.
2
No veterinary drug described in paragraph (1) above shall be sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as a part of his business activities.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list and not being a prescription only medicine by a person who is for the time being carrying on a qualifying business, if –
a
that veterinary drug –
i
is or contains a veterinary drug specified in Schedule 2, and
ii
is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (4) below and article 4 are complied with; or
b
that veterinary drug –
i
is or contains a veterinary drug specified in Schedule 2, and
ii
is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff,
and the conditions contained in paragraph (5) below and article 4 are complied with.
4
No veterinary drug described in paragraph (3)(a) above shall be sold by retail except –
a
to a person whose name is entered in Part A of the Register of Manufacturers, or
b
to a fish farmer.
5
No veterinary drug described in paragraph (3)(b) above shall be sold by retail except –
a
to a person whose name is entered in Part A or Part B of the Register of Manufacturers, or
b
to a fish farmer.
Further conditions for exemption under article 3
4
1
No veterinary drug described in article 3(1) or (3)(a) or (b) shall be sold by retail except –
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,
b
in a container which has not been opened since the drug was made up for sale in it, and
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public,
except that, when a person has lawfully purchased a veterinary drug on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that drug to that person.
2
No veterinary drug described in article 3(1) or (3)(a) or (b) shall be sold by retail by self-service methods.
3
In respect of any sale by retail of any veterinary drug described in article 3(1) or (3)(a) or (b) the seller shall make a record of the sale containing particulars of –
a
the date on which the veterinary drug was sold,
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold, and
c
the name and address of the person to whom the veterinary drug was sold,
and shall keep such record for a period of two years from the date of the sale.
4
No person shall, in the course of a qualifying business carried on by him, sell by retail any veterinary drug described in article 3(1) or (3)(a) or (b) unless his name is entered in the Register of Merchants in respect of each premises on which the drug is sold or stored.
5
In paragraph (1)(c) above “premises” include a stall of a permanent nature situated at a market or an agricultural showground.
Register of Merchants for the purposes of article 4(4)
5
1
The Society and the Department of Health shall each keep, for the purposes of article 4(4), a register of persons as being persons entitled, in the course of qualifying businesses carried on by them, to sell by retail on premises in respect of which their names are entered in the register, any veterinary drug described in article 3(1) or (3)(a) or (b) free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in articles 3 and 4 are complied with.
2
Details of premises used for the storage of any veterinary drug described in article 3(1) or (3)(a) or (b) at a different postal address from that of premises used to sell by retail such drug shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the Society’s Register of Merchants in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored by him in the course of that qualifying business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business in Northern Ireland, makes an application in writing to the Department of Health for his name to be entered in the Department of Health’s Register of Merchants in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored by him in the course of that qualifying business, the Department of Health shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the Register of Merchants in respect of any premises shall, in order to retain his name in that Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (as the case may be) for his name to be retained in the Register of Merchants in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the Register of Merchants in respect of any premises by reason only that he failed either to make proper application for the retention of his name in that Register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in that Register pursuant to paragraph (10) below may, in order to restore his name to that Register in respect of those premises, make an application to the Society or the Department of Health (as the case may be) for his name to be restored to the Register of Merchants in respect of those premises.
7
There shall be paid to the Society or the Department of Health –
a
in respect of the entry in the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored a fee of £150.00 for each such premises;
b
in respect of the retention in the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored a fee of £99.00 for each such premises;
c
in respect of the restoration to the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3)(a) or (b) is to be sold or stored a fee of £150.00 for each such premises.
8
The Society or the Department of Health shall refuse to enter in its respective Register of Merchants the name of any person in respect of any premises unless that person –
a
has paid to the Society or the Department of Health (as the case may be) the fee specified in paragraph (7)(a) above for the entry of his name in that Register; and
b
has given to the Society or the Department of Health (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Merchants Selling or Supplying Veterinary Drugs dated 30th October 1984, as amended on 22nd November 1988, and published by the Ministry of Agriculture, Fisheries and Food (being a code relating to the sale or supply of the veterinary drugs described in article 3(1) or (3)(a) or (b)).
9
The Society, with the approval of the Minister, or the Department of Health, with the approval of the Department of Agriculture, may refuse to enter in its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (as the case may be), the premises are unsuitable for the storage or safekeeping of any veterinary drug described in article 3(1) or (3)(a) or (b).
10
The Society or the Department of Health shall refuse to retain in its respective Register of Merchants in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (as the case may be) on or before 31st January in that year the fee specified in paragraph (7)(b) above for the retention of his name in that Register.
11
The Society or the Department of Health shall refuse to restore to its respective Register of Merchants the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (as the case may be) the fee specified in paragraph (7)(c) above for the restoration of his name to that Register.
12
The Society, with the approval of the Minister, or the Department of Health, with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (as the case may be) –
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8)(b) above; or
b
the conditions under which any veterinary drug described in article 3(1) or (3)(a) or (b) is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health may remove from its respective Register of Merchants the name of any person entered in it, at the request of that person.
Exemptions in respect of veterinary drugs to be incorporated in animal feeding stuffs
6
1
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect thereof, by a specially authorised person, or by a person for the time being carrying on a business wholly or mainly comprising either the manufacture of animal feeding stuffs for sale or the sale or supply in bulk of veterinary drugs, if that veterinary drug –
a
is a veterinary drug consisting of or contained in a medicinal product in respect of which there has been granted a product licence, being a licence of right and is not on a general sale list by reason only of its consisting of or containing one or more substances specified in the second column of Schedule 2 or, in the case of prescription only medicines of Schedule 3, and
b
the conditions set out in paragraphs (2) to (6) below are complied with.
2
No veterinary drug described in paragraph (1)(a) above shall be sold by retail except –
a
for incorporation in animal feeding stuffs; and
b
to a person whom the seller knows, or has reasonable cause to believe, to be a person carrying on a business wholly or mainly comprising the manufacture of animal feeding stuffs for sale.
3
No veterinary drug described in paragraph (1)(a) above shall be sold by retail by self-service methods.
4
a
In respect of any sale by retail of any veterinary drug described in paragraph (1)(a) above the seller shall make a record of the sale containing the particulars specified in sub-paragraph (b) below and shall keep such record for a period of two years from the date of the sale.
b
The particulars referred to in sub-paragraph (a) above are –
i
the date on which the veterinary drug was sold;
ii
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold; and
iii
the name and address of the person to whom the veterinary drug was sold.
5
No person shall, in the course of a business carried on by him, sell by retail any veterinary drug described in paragraph (1)(a) above unless –
a
before making any such sale he, or a previous owner of the business, has notified the Society, or in the case of a business carried on in Northern Ireland, the Department of Health, of the relevant particulars;
b
every twelve months after the first notification, whether made by him or by a previous owner, he notifies the Society or the Department of Health, as appropriate, of the relevant particulars; and
c
he notifies the Society or the Department of Health, as appropriate, of any change in the relevant particulars which has occurred since the last notification thereof as soon after such change occurs as is reasonably practicable.
6
In paragraph (5) above “the relevant particulars”, in relation to a business, means the name of the business and the address, or, where appropriate, the location of every premises on which, during the course of the carrying on of that business, veterinary drugs described in paragraph (1)(a) above are being, or are during the next twelve months to be, sold or stored.
Exemptions for merchants in horse wormers
7
1
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person who is for the time being carrying on a qualifying business or a saddlery business if –
a
that veterinary drug is specified in the second column of Schedule 4, and
b
the conditions contained in this article are complied with.
2
No veterinary drug described in paragraph (1)(a) above shall be sold by retail except –
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,
b
in a container which has not been opened since the drug was made up for sale in it,
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public, and
d
to a person whom the seller knows, or has reasonable cause to believe, to be a person who has in his charge horses or ponies,
except that, where a person has lawfully purchased a veterinary drug on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that drug to that person.
3
No veterinary drug described in paragraph (1)(a) above shall be sold by retail by self-service methods.
4
In respect of any sale by retail of any veterinary drug described in paragraph (1)(a) above the seller shall make a record of the sale containing particulars of –
a
the date on which the veterinary drug was sold, and
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold,
and shall keep such record for a period of two years from the date of the sale.
5
No person shall, in the course of a qualifying business or a saddlery business carried on by him, sell by retail any veterinary drug described in paragraph (1)(a) above unless his name is entered in the register kept by the Society or the Department of Health under article 8(1) in respect of each premises on which the drug is sold or stored.
6
In paragraph (2)(c) above “premises” includes a stall of a permanent nature situated at a market or agricultural showground.
Register for the purposes of article 7(5)
8
1
The Society and the Department of Health shall each keep, for the purposes of article 7(5), a register of persons as being persons entitled, in the course of qualifying businesses or saddlery businesses carried on by them, to sell by retail on premises in respect of which their names are entered in the register, any veterinary drug described in article 7(1)(a) free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in article 7 are complied with.
2
Details of premises used for the storage of any veterinary drug described in article 7(1)(a) at a different postal address from that of premises used to sell by retail such drug shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business or a saddlery business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the register kept by the Society under paragraph (1) above in respect of any premises on which any veterinary drug described in article 7(1)(a) is to be sold or stored by him in the course of that qualifying business or saddlery business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business or a saddlery business in Northern Ireland, makes an application in writing to the Department of Health for his name to be entered in the register kept by the Department of Health under paragraph (1) above in respect of any premises on which any veterinary drug described in article 7(1)(a) is to be sold or stored by him in the course of that qualifying business or saddlery business, the Department of Health shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the register kept by the Society or the Department of Health under paragraph (1) above in respect of any premises shall, in order to retain his name in the register in respect of those premises in any year subsequent to the year in which his name was first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (as the case may be) for his name to be retained in that register in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the register kept by the Society or the Department of Health under paragraph (1) above in respect of any premises by reason only that he failed either to make proper application for the retention of his name in the register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in the register pursuant to paragraph (10) below may, in order to restore his name to the register in respect of those premises, make an application in writing to the Society or the Department of Health (as the case may be) for his name to be restored to the register kept by the Society or the Department of Health (as the case may be) for his name to be restored to the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) in respect of those premises.
7
There shall be paid to the Society or the Department of Health —
a
in respect of the entry in the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 7(1)(a) is to be sold or stored a fee of £53.00 for each such premises;
b
in respect of the retention in the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 7(1)(a) is to be sold or stored a fee of £53.00 for each such premises;
c
in respect of the restoration to the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above the name of any person in respect of any premises on which any veterinary drug described in article 7(1)(a) is to be sold or stored a fee of £100.00 for each such premises;
except that no such fees shall be payable in respect of a person whose name is for the time being entered in, or in the course of being restored to, the Register of Merchants in respect of those premises as being a person entitled to sell or store thereon, during the course of a qualifying business carried on by him, any veterinary drug described in article 3(1) or (3)(a) or (b).
8
The Society or the Department of Health shall refuse to enter in the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person —
a
has paid to the Society or the Department of Health (as the case may be) the fee specified in paragraph (7)(a) above for the entry of his name in the register; and
b
has given to the Society or the Department of Health (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Saddlers Selling or Supplying Horse Wormers dated October 1985, as amended on 22nd November 1988, and published by the Ministry of Agriculture, Fisheries and Food (being a code of practice relating to the sale or supply of the veterinary drugs described in article 7(1)(a)).
9
The Society, with the approval of the Minister, or the Department of Health, with the approval of the Department of Agriculture, may refuse to enter in the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (as the case may be), the premises are unsuitable for the storage or safekeeping of any veterinary drug described in article 7(1)(a).
10
The Society or the Department of Health shall refuse to retain in the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (as the case may be) on or before 31st January in that year the fee specified in paragraph (7)(b) above for the retention of his name in the register.
11
The Society or the Department of Health shall refuse to restore to the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (as the case may be) the fee specified in paragraph (7)(c) above for the restoration of his name to the register.
12
The Society, with the approval of the Minister, or the Department of Health, with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from, the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (as the case may be) —
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8)(b) above; or
b
the conditions under which any veterinary drug described in article 7(1)(a) is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health may remove from the register kept by the Society or the Department of Health (as the case may be) under paragraph (1) above the name of any person entered in it, at the request of that person.
Exemptions for pharmacists
9
1
The restrictions imposed by section 52(c) of the Act shall not apply to the retail sale of a veterinary drug described in article 3(1)(a) or (3)(a) or (b) where the transaction is carried out in a registered pharmacy by a person acting on behalf of a pharmacist.
2
The restrictions imposed by section 52 of the Act shall not apply to the supply in circumstances corresponding to retail sale of a veterinary drug such as is described in article 6(1)(a) by a pharmacist, or his agent, to the person to whom the pharmacist has, in accordance with the provisions of the said section 52, sold the drug by retail.
Exemptions in cases involving another’s default
10
1
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained in articles 3(2), (4) or (5) and 4, of a veterinary drug by a person for the time being carrying on a qualifying business, which drug that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug described in article 3(1)(a) or (3)(a) or (b), but which, due to the act or default of another person, is not such a veterinary drug.
2
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained in articles 6(2) to (6), of a veterinary drug by a person for the time being carrying on a business described in article 6(1)(a), which drug that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug described in article 6(1)(a), but which, due to the act or default of another person, is not such a veterinary drug.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained in articles 7(2) to (5) and 8, of a veterinary drug by a person for the time being carrying on a qualifying business or a saddlery business, which drug that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug described in article 7(1)(a), but which, due to the act or default or another person is not such a veterinary drug.
Revocation
11
The Orders listed in Schedule 5 are revoked.
Kenneth Clarke
Secretary of State for Health
19th June 1989
Sanderson of Bowden
Minister of State, Scottish Office
13th June 1989
Peter Walker
Secretary of State for Wales
14th June 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th June 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 19th day of June 1989.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 16th day of June 1989.
W. J. Hodges
Permanent Secretary
We consent,
Kenneth Carlisle
David McLean
Two of the Lords Commissioners of Her Majesty’s Treasury
21st June 1989


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (Various Local Authorities) 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 Tyne and Wear 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 area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
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 1 to 9 entitled “Maps referred to in the Tyne and Wear Development Corporation (Vesting of Land) (Various Local Authorities) 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 councils of the city of Newcastle upon Tyne, the boroughs of North Tyneside, South Tyneside and Sunderland 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.
3
1
The land described in
a
Part 1 of the Schedule hereto, and now vested in the council of the city of Newcastle upon Tyne,
b
Part 2 of the Schedule hereto, and now vested in the council of the borough of North Tyneside,
c
Part 3 of the Schedule hereto, and now vested in the council of the borough of South Tyneside, and
d
Part 4 of the Schedule hereto, and now vested in the council of the borough of Sunderland
or, in each case, in another local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
2
Nothing in this article shall operate to vest in the Corporation the land known as Redheugh Bridge or High Level Bridge, in the city of Newcastle upon Tyne.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area 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:
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Insurance Companies) Order 1989 and shall come into force on1st February 1990.
2
The Commonwealth of Pennsylvania is designated for the purposes of section 130 of the Financial Services Act 1986.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
18th December 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1989 and shall come into force on 1st March 1989.
2
In this Order, “relevant Community provision” means any provision of a Regulation of the European Communities referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof opposite the reference to that Regulation.
Offences and penalties
2
If there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master of that boat shall be guilty of an offence and liable–
a
on summary conviction to a fine not exceeding the amount specified in column 4 of the Schedule to this Order opposite the reference to that provision in column 2; or
b
on conviction on indictment to a fine.
Recovery of fines
3
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 2 or 5 of this Order, the court may–
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 2 or 5 of this Order, the sheriff may–
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of enforcing article 2 of this Order, a British sea-fishery officer–
a
may go on board any fishing boat to which a relevant Community provision applies and which is within British fishery limits;
b
may take with him, to assist him in performing his functions, any other person and any equipment or materials;
c
may require any such boat to stop and do anything else to enable him to board it;
d
may require the attendance of the master of the boat or any other person on board;
e
may require any person on board to assist him in the performance of his functions; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular–
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 2 of this Order has been committed within British fishery limits in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and the officer–
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
Obstruction of officers
5
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies–
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 4 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 4 of this Order or intentionally obstructs any such officer in the exercise of any of those powers
shall be guilty of an offence and liable–
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
6
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 4 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
7
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation
8
The Third Country Fishing (Enforcement) Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th February 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
9th February 1989
Peter Walker
Secretary of State for Wales
12th February 1989
Tom King
Secretary of State for Northern Ireland
17th February 1989


text:
1
This Order may be cited as the Patents, Designs and Marks Act 1986 (Amendments to the Registered Designs Act 1949 and the Patents Act 1977) (Isle of Man) Order 1989 and shall come into force on 1st April 1989.
2
1
Sections 1 and 3(1) of the Patents, Designs and Marks Act 1986 so far as they relate to the Registered Designs Act 1949 and the Patents Act 1977 shall extend to the Isle of Man, subject to the modification specified in paragraph (2) below.
2
Any reference to the said Act of 1949 or the said Act of 1977, or to a provision thereof, shall be construed as a reference to it as it has effect in the Isle of Man.
G. I. de Deney
Clerk of the Privy Council


text:
1
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beyond 31st August 1989 that day being the day on which they would otherwise expire.
2
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1989.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Gipsy Encampments (Borough of Runnymede) Order 1989 and shall come into force on 18th August 1989.
2
The area of the Borough of Runnymede is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
C. F. Patten
Secretary of State for the Environment
27th July 1980


text:
1
The length of highway described in the schedule to this Order and indicated by a heavy black line on the deposited plan shall become a trunk road as from the date when this Order comes into force.
2
In this Order“the deposited plan” means a plan numbered HA10/2E/307 marked“The A134 Principal Road (Thetford to Tottenhill Trunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
This Order shall come into force on 1st November 1989 and may be cited as the A134 Principal Road (Thetford to Tottenhill Trunking) Order 1989.
Signed by authority of the Secretary of State
Alan Whitfield
Regional Director Eastern Region
Department of Transport
29th September 1989


text:
Citation and commencement
1
This Order may be cited as the Bristol Development Corporation (Vesting of Land) (British Railways Board) 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 Bristol Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Bristol Development Corporation (Area and Constitution) Order 1988 .
2
Any reference in this Order to a map followed by a number is a reference to the map so numbered in the set of maps numbered 1 and 2 entitled “Maps referred to in the Bristol Development Corporation (Vesting of Land) (British Railways Board) 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 Secretary of State for Transport, the councils of the county of Avon and the city of Bristol, the British Railways Board 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 the British Railways Board or in a local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, 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 area 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
13th June 1989
Paul Channon
Secretary of State for Transport
20th June 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order 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 a heavy black line on the plan in Schedule 1 of the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the routes 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, the date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The Secretary of State is also authorised to construct as part of the new trunk roads, the bridges over the River Usk, the specifications of which are set out in Schedules 2 and 3 of the deposited plan.
5
In this Order:–
“the deposited plan” means the plan numbered HA 10/2 W072 marked the “M4/Newport-Shrewsbury Trunk Road A4042 (Relief of Brynglas Tunnels and Malpas Road) Order 1989” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“the new trunk roads” means the highways mentioned in article 1 of this Order;“the trunk road” means the Newport-Shrewsbury Trunk Road (A4042).
6
This Order shall come into force on the 20th October 1989 and may be cited as the M4/Newport-Shrewsbury Trunk Road A4042 (Relief of Brynglas Tunnels and Malpas Road) Order 1989.
Signed by authority of the Secretary of State for Wales
H. R. Bollington
An Assistant Secretary Welsh Office
4th October 1989


text:
1
These Regulations may be cited as the Housing (Right to Buy Delay Procedure) (Prescribed Forms) Regulations 1989 and come into force on 10th March 1989.
2
There are set out in the Schedule to these Regulations–
a
the forms for an initial notice of delay under section 153A(1) of the Housing Act 1985, form RTB5 being the form for use where the tenant has claimed to exercise the right to a shared ownership lease, and form RTB6 being the form for every other case;
b
the form (form RTB7) for a counter notice under section 153A(3)(b) of the Housing Act 1985.
c
the form (form RTB8) for an operative notice of delay under section 153A(5) of the Housing Act 1985;
and each form, or a form substantially to the like effect, is prescribed for the purpose specified.
3
The prescribed particulars to be contained in any notice the form of which is prescribed by regulation 2 above are the particulars required by that form.
Nicholas Ridley
Secretary of State for the Environment
15th February 1989
Peter Walker
Secretary of State for Wales
22nd February 1989


text:
Title, commencement and interpretation
1
1
This Order, which supersedes the Land Registration (District Registries) Order 1988 , may be cited as the Land Registration (District Registries) Order 1989 and shall come into force on 1st February 1990.
2
In this Order, unless the context otherwise requires –
“ the Act ” means the Land Registration Act 1925;
“district registry” means a district registry of the Land Registry within the meaning of section 132 of the Act;
“the Schedule” means the Schedule to this Order.
District Registries
2
1
a
There shall continue to be district registries bearing the names and at the places specified in column 1 in Part I of the Schedule.
b
On and after the date specified in column 1 in Part II of the Schedule there shall be a new district registry bearing the name and at the place specified in that column.
2
Each district registry shall be the proper office for the purposes of the registration of titles to land wholly or partly in its district, which shall comprise the administrative areas specified opposite its name in columns 2 and 3 in both Parts of the Schedule:
Provided that –
the county of East Sussex shall not form part of the district of the Portsmouth District Land Registry before 1st October 1990 and shall not form part of the district of the Tunbridge Wells District Land Registry on or after that date;
and the provisions of the Schedule shall be construed accordingly.
We concur, Dated 27th September 1989
Mackay of Clashfern, C.
Stephen Dorrell,
Kenneth Carlisle,
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th October 1989


text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
2
The Education (Bursaries for Teacher Training) Regulations 1988 shall be amended as follows:–
a
in regulation 2 –
i
in the definition of “course of initial teacher training” for the words “paragraph 2(a) or 2(b)(i) of schedule 5 to the Education (Teachers) Regulations 1982” there shall be substituted the words “paragraph 2(2)(a)(iii) of schedule 5 to the Education (Teachers) Regulations 1989 ”;
ii
in the definition of “qualified teacher” for the words “means a person who, in pursuance of the Regulations relating to the employment of teachers made under section 27 of the Education Act 1980, is qualified to be employed as a teacher at a school to which that section applies” there shall be substituted “is a qualified teacher under Schedule 5 to the Education (Teachers) Regulations 1989”;
b
in regulation 5 –
i
at the end of paragraph (b) there shall be added the words – “or, in the case of a course of which the principal subject matter is chemistry, on or after 1st September 1989;”;
ii
in paragraph (c) there shall be substituted for the word “and” after item (v) the word “or”; and there shall be added after item (v) the words – “(vi) chemistry; and”
John MacGregor
Secretary of State for Education and Science
2nd August 1989
Ian Grist
Parliamentary Under Sectary of State, Welsh Office
3rd August 1989


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) Order 1989 and shall come into force on 6th July 1989.
2
For the purposes of section 160 of, and Schedule 7 to, the Income and Corporation Taxes Act 1988 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 15.5 per cent. per annum.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 1989


text:
1
This Order may be cited as the Design Right (Reciprocal Protection) (No. 2) Order 1989 and shall come into force on 1st August 1989.
2
The following countries are hereby designated as enjoying reciprocal protection under Part III of the Copyright, Designs and Patents Act 1988 (design right) —
Anguilla
Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Channel Islands
Falklands Islands
Gibraltar
Hong Kong
Isle of Man
Montserrat
New Zealand
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena and Dependencies
South Georgia and the South Sandwich Islands
Turks and Caicos Islands.
3
The Design Right (Reciprocal Protection) Order 1989( ) is hereby revoked.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Drug Trafficking Offences Act 1986 (United States of America) Order 1989 and shall come into force on the fourteenth day following the date of making of this Order.
Interpretation
2
In this Order–
“ the Act ” means the Drug Trafficking Offences Act 1986;
“a court of the United States of America” means a court of the United States of America or of any of its states or territories.
Designation of and application of the Act to the United States of America
3
1
The United States of America is hereby designated for the purposes of sections 26 and 26A of the Act.
2
The Act shall apply, subject to the modifications set out in Schedule 1 to this Order, in relation to an external confiscation order made by a court of the United States of America and to proceedings which have been or are to be instituted in the United States of America and which may result in an external confiscation order being made there, and, accordingly, in relation to such orders and such proceedings, the Act shall have effect as set out in Schedule 2 to this Order.
Orders made in the United States of America
4
For the purposes of section 26 of the Act, and of the Act as applied under article 3 above, in any proceedings in the High Court a certificate issued by or on behalf of the Attorney General of the United States of America stating either–
a
that an order (however described) made by a court of the United States of America has the purpose of recovering payments or other rewards received in connection with drug trafficking or their value, or
b
that proceedings have been instituted against a person in the United States of America and have not been concluded there,
shall be admissible as evidence of the facts so stated.
Satisfaction of confiscation order in the United States of America
5
1
Where–
a
a confiscation order has been made under section 1 of the Act; and
b
a request has been made by the Secretary of State for the assistance of the government of the United States of America in enforcing that order; and
c
in consequence of that request property is recovered in the United States of America which represents, directly or indirectly, proceeds of drug trafficking which were taken into account under section 2 of the Act by the court which made the confiscation order,
the amount payable under the confiscation order shall be treated as reduced by the value of property so recovered.
2
For the purposes of paragraph (1) above a certificate issued by or on behalf of the Attorney General of the United States of America stating that property has been recovered there in consequence of a request by the Secretary of State and stating the value of the property so recovered shall be admissible as evidence of the facts so stated.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Miscellaneous Provisions Regulations 1989 and shall come into force on 28th May 1989.
2
In these Regulations —
“the 1975 Act ” means the Social Security Act 1975;
“day of unemployment”, “day of incapacity for work” and “period of interruption of employment” shall be construed in accordance with section 17 of the 1975 Act;
“ Married Women and Widows Special Provisions Regulations ” means the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 .
Amendment of the Married Women and Widows' Special Provisions Regulations
2
1
The Married Women and Widows' Special Provisions Regulations shall be amended in accordance with the following provisions of this regulation.
2
Subject to regulation 6 of these Regulations, regulation 2 (special credits where a woman’s marriage has been terminated) shall be omitted.
3
In regulation 3 (modifications, in relation to widows, of provisions with respect to unemployment and sickness benefit, maternity allowance and Category A retirement pension) —
a
in paragraph (5)(a), the words after “contributions or both” to the end shall be omitted and there shall be substituted the words —
and the earnings factor derived from —
i
earnings paid in a year upon which primary Class 1 contributions have been paid or treated as paid in respect of that year, or
ii
earnings with which she has been credited in respect of that year, or
iii
Class 2 contributions, is not less than that year’s lower earnings limit multiplied by 25; and
; and
b
subject to regulation 6 of these Regulations, paragraph 3(10) shall be omitted.
4
Regulations 3B , 5, 8 and 10 shall be omitted.
Amendment of the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978
3
In the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 , for regulation 2 there shall be substituted the following regulation —
Application of provisions of sections 63 and 64 of the Social Security Act 1986
2
The provisions of sections 63 and 64 of the Social Security Act 1986 (annual up-rating of benefits and effect of alteration of rates of benefit) shall apply to the amount of graduated retirement benefit payable for each unit of graduated contributions and to increases of such benefit under the provisions of Schedule 2 to these Regulations.
.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
4
In regulation 2(3) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (election to be treated as not having retired), for the words “on the date it was posted” there shall be substituted the words “on the date on which it was received in an office of the Department of Social Security.”.
Savings
5
For the purposes of determining whether the contribution condition referred to in regulation 3(5)(a) of the Married Women and Widows Special Provisions Regulations is satisfied in any case that regulation shall continue to have effect in relation to any year beginning before 6th April 1988 as though regulation 2(3) of these Regulations had not been made.
Transitional provisions for special credits where a woman’s marriage has been terminated
6
Where before 28th May 1989 a woman would have been able to satisfy the second contribution condition for unemployment benefit or sickness benefit only by virtue of regulations 2 or 3(10) of the Married Women and Widows Special Provisions Regulations, those Regulations shall continue to apply to her as if paragraphs (2) and (3)(b) of regulation 2 of these Regulations had not been enacted —
a
where after 27th May 1989 she has a day of unemployment and that day falls within a period of interruption of employment which began before 28th May 1989, until either the day immediately following that period of interruption of employment or 1st October 1989. whichever is the earlier; or
b
where after 27th May 1989 she has a day of incapacity for work and that day falls within a period of interruption of employment which began before 28th May 1989, until —
i
where the period of interruption of employment ends before 2nd October 1989, the day immediately following the last day of that period, or
ii
where that period of interruption of employment continues after 1st October 1989 —
a
the day on which entitlement to invalidity pension begins, or
b
the first day after 1st October 1989, not being a day referred to in Section 17(1)(e) of the 1975 Act, which is not a day of incapacity for work, whichever is the earlier; or
c
where after 27th May 1989 she has a day of incapacity for work and that day falls within —
i
a period of interruption of employment, and
ii
a period of 57 days immediately following the end of a period of entitlement to statutory sick pay which contained at least one day of incapacity for work which fell before 28th May 1989, until, where the period of interruption of employment —
a
ends before 2nd October 1989, the day immediately following the last day of that period, or
b
continues after 1st October 1989,
i
the day on which entitlement to invalidity pension begins, or
ii
the first day after 1st October 1989, not being a day referred to in section 17(1)(e) of the 1975 Act, which is not a day of incapacity for work, whichever is the earlier.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
23rd May 1989


text:
1
This Order may be cited as the Local Government Reorganisation (Property) (West Yorkshire) Order 1989 and shall come into force on 31st May 1989.
2
There shall vest in each local authority mentioned in the Schedule to this Order —
a
all interests of the West Yorkshire Residuary Body in the property so mentioned in relation to that local authority; and
b
all rights and liabilities of that Body acquired or incurred exclusively in connection with that property.
Nicholas Ridley
Secretary of State for the Environment
2nd May 1989


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 1989 and shall come into force on 28th October 1989.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitute and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
6th October 1989


text:
Citation and commencement
1
This Order may be cited as the Water and Sewerage (Conservation, Access and Recreation) (Code of Practice) Order 1989 and shall come into force on 1st September 1989.
Code of Practice
2
The Code of Practice on Conservation, Access and Recreation of which a copy was laid before each House of Parliament on 6th July 1989 and which was issued by the relevant Ministers —
a
to give practical guidance to the National Rivers Authority and to water undertakers and sewerage undertakers with respect to matters for the purposes of which sections 8 and 9 of the Water Act 1989 have effect; and
b
to promote what appear to them to be desirable practices by the Authority and such undertakers with respect to those matters,
is hereby approved.
Signed by authority of the Secretary of State
Michael Howard
Minister of Water and Planning
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (Rushbrooke Borehole) Order 1989 and shall come into force on 15th August 1989.
2
The Anglian Water Authority Act and Orders 1974 to 1988 and this Order may be cited together as the Anglian Water Authority Acts and Orders 1974 to 1989.
3
In this Order –
“the Authority” means the Anglian Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary of the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Rushbrooke Borehole) Order 1989”, one duplicate of which is deposited and is available for inspection at the offices of the Authority at Ambury Road, Huntingdon, Cambridgeshire Pe18 6NZ and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
1
The Authority may –
a
continue and maintain on or under the land described in Schedule 1 to this Order the existing borehole marked “Borehole 4 (new)” on the deposited plan;
b
construct, continue and maintain (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of that borehole.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
3
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by the authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
14th August 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment No. 3 Regulations 1989 and shall come into force as follows–
a
regulations 1 and 5 to 7, on 10th July 1989;
b
regulations 3 and 4–
i
in a case where the student’s period of study begins on or after 1st August 1989 but before 4th September 1989, on the first Monday of that period;
ii
in any other case, on 4th September 1989;
c
regulation 2, on 9th October 1989.
2
In paragraph (1)(b) of this regulation the expressions“period of study” and“student” have the same meanings as in regulation 46 of the General Regulations and in these Regulations“the General Regulations” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 5 of the General Regulations
2
In regulation 5(6)(c)(ii) of the General Regulations (circumstances in which a person is to be treated as occupying a dwelling as his home) after the reference“paragraph 9,” there shall be inserted the reference“9A,”.
Amendment of regulation 51 of the General Regulations
3
In regulation 51(1) of the General Regulations (eligible rent) for the sums“£18.50” and“£14.00” there shall be substituted the sums“£20.65” and“£14.80” respectively.
Amendment of regulation 53 of the General Regulations
4
In regulation 53(2)(g) of the General Regulations (calculation of grant income) for the sum“£220” there shall be substituted the sum“£234”.
Amendment of Schedule 2 to the General Regulations
5
In paragraph 1 of Schedule 2 to the General Regulations (applicable amounts)–
a
in sub-paragraph (1) head (a) shall be omitted; and in head (b), in column (1), the words“not less than 18 but” shall be omitted;
b
in sub-paragraph (2)(a), in column (2), for the sum“£20.80” there shall be substituted the sum“£27.40”.
Amendment of Schedule 4 to the General Regulations
6
In Schedule 4 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) for paragraph 26 there shall be substituted the following paragraph–
26
Any payment made by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons under 21 in, or formerly in, their care).
.
Amendment of Schedule 5 to the General Regulations
7
In Schedule 5 to the General Regulations (capital to be disregarded) for paragraph 18 there shall be substituted the following paragraph–
18
Any payment made by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons under 21 in, or formerly in, their care).
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th June 1989


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 5) Order 1989 and shall come into force on 17th October 1989.
2
The Export of Goods (Control) Order 1987 shall be amended as follows.
3
In head 7 of Group 3G of Part II of Schedule 1, in entry IL 1565 (computers, electronics and related equipment),
i
in exception (ii)(c), for “15” there shall be substituted “28”; and
ii
after exception (v), there shall be added as further exceptions:
vi
equipment for local area networks which do not have any of the following characteristics:
a
interfaces and protocols exceeding Layer 2 of the Open System Interconnection ( OSI ) reference model, that is ISO logical link control Draft International Standard ( DIS ) 8802/2, IEEE 802.2, 802.3, 802.4, 802.5 or equivalents;
b
implementations that contain functions of, or equivalent to, those provided by CCITT X.25, Level 3 protocols or above Level 3;
c
maximum data-signalling rate on the common transmission medium of more than 2 million bit per second; or
d
internetwork gateways;
vii
personal computers and related equipment therefor, not falling within exclusions (i) to (v) above, provided they meet all the following conditions:
a
they are not described in head (7)(a) or (b) above;
b
they are shipped as complete systems;
c
they are not stand-alone graphic workstations which–
i
are designed or modified for the generation, transformation, and display of 2 or 3 dimensional vectors;
ii
are not designed for graphic arts, printing or publishing;
iii
have a total processing data rate of the central processing unit exceeding 28 million bit per second;
iv
have a central processing unit with a word-length exceeding 16 bit (and for this purpose microprocessor-based systems with 16 bit word-length and not more than a 32 bit architecture are regarded as 16 bit systems); and
v
exceed a block-move data rate of 800,000 pixels/sec or a maximum bit transfer rate of the channel for direct access to the main storage (Direct Memory Access or DMA channel) of 11 million bit per second;
d
they are not ruggedised above the level required for a normal commercial or office environment;
e
they do not include a central processing unit implemented with more than two microprocessor or microcomputer microcircuits, other than:
i
any dedicated microprocessor or microcomputer microcircuit used solely for display, keyboard or input/output control; or
ii
any bit-slice microprocessor microcircuit;
f
they do not include a microprocessor or microcomputer microcircuit with a principal operand (data) word-length of more than 16 bit or a bus architecture with more than 32 bit;
g
they have a total connected capacity of main storage not exceeding 39 million bit (usually referred to as 4 MByte with up to 64kByte of cache allowed);
h
they have displays or monitors not exceeding either:
i
1024 resolvable elements along any axis and 64 shades of grey or colour; or
ii
320 resolvable elements along any axis and 256 shades of grey or colour;
i
they do not include analogue-to-digital or digital-to-analogue converter microcircuits exceeding the limits specified in entry IL 1568 in this Group, other than for direct-driven video monitors for normal commercial television;
j
they have a central processing unit with a total processing data rate not exceeding 69 million bit per second;
k
where control unit–disk drive combinations are included, they have all of the following characteristics–
i
a total transfer rate not exceeding 10.3 million bit per second;
ii
a total connected net capacity not exceeding 1320 million bit (140 MBytes);
iii
a total access rate not exceeding 80 accesses per second, with a maximum of 40 accesses per second for any one drive;
l
they do not include equipment specified in head (3) of the entry IL 1519 in Group 3F relating to communication transmission equipment or in the entry IL 1567 in this Group relating to stored-programme-controlled communication switching equipment.
4
In the definitions at the end of the same entry, there shall be inserted in the appropriate place, the following:–
“block-move data rate” means the maximum number of pixels which can be moved per second from one location to another in the storage which functions as the frame buffer;
“data-signalling rate” means the rate as defined in ITU Recommendation 53–36, taking into account that, for non-binary modulation, baud and bit per second are not equal; binary digits for coding, checking and synchronization functions are included within the data-signalling rate; the data-signalling rate is the maximum one-way rate, namely the maximum rate in either transmission or reception.
“gateway” means the function, realised by any combination of equipment and software to carry out the conversion of conventions for representing, processing or communicating information used in one system into the corresponding but different conventions used in another system;
“internetwork gateway” means a gateway for two systems which are themselves local area networks, wide area networks or both;
“personal computer” means a microprocessor-based digital computer that is:
a
designed for a commercial/office environment;
b
designed and announced by the manufacturer for personal, home or business use; and
c
available for purchase over the counter at retail stores.
Eric Beston
An Assistant Secretary,
Department of Trade and Industry
16th October 1989


text:
Citation and Commencement
1
These Rules may be cited as the Board of Inquiry (Army) (Amendment) Rules 1989 and shall come into force on 31st March 1989.
Amendment to the Principal Rules
2
The Board of Inquiry (Army) Rules 1956 shall be amended in rule 13 by the deletion in paragraph (3)(a) of the words
and states as the ground of his objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief,
.
G. Younger
One of Her Majesty’s Principal Secretaries of State
23rd February 1989


text:
Citation, commencement and extent
1
1
This Scheme may be cited as the Farm and Conservation Grant Scheme 1989 and shall come into force on 20th February 1989.
2
This Scheme shall apply to Great Britain.
Interpretation
2
1
In this Scheme, unless the context otherwise requires–
“agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture, including the storage, the transport and the preparation for market of the produce of the business;
“the appropriate Minister” means–
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
“contractor” means any person who enters into an agrement to supply agricultural work or services in connection with agricultural land;
“dairy cows” means cows which have calved and which by reason of their breed or suitability are exclusively or principally kept for the production of milk either for human consumption or for processing into milk products;
“designated maps” means–
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 3rd April 1984, signed and sealed by the appropriate Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the appropriate Minister and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY23 1NG;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the appropriate Minister and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“excluded contractor” means a contractor other than a contractor who has entered into a written agreement with the occupier of the land on which is carried on the agricultural business in relation to which a claim for grant is made under this Scheme where that agreement is expressed to continue in force for a period which is not less than seven years from the day immediately preceding the day on which the claim is submitted;
“the Farm and Conservation Grant Regulations ” means any regulations, other than the 1985 Regulations , made under section 2(2) of the European Communities Act 1972 implementing provisions in Title I of Council Regulation ( EEC ) No. 797/85 on improving the efficiency of agricultural structures and Article 1 of Council Directive No. 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas;
“glasshouse” means a fixed or mobile structure, used for the production of horticultural produce for sale, which is mounted on durable foundations, is not less than 1.67 metres high at the ridge, and of which more than half the total area of the sides, ends and roof is of glass or such other translucent material as will give a durability and transparency similar to that of glass;
“horticultural produce” means–
fruit;
vegetables of a kind grown for human consumption, including fungi, but not including maincrop potatoes or peas grown for seed or for harvesting dry;
flowers, pot plants and decorative foliage;
herbs;
seeds (other than pea seeds), bulbs and other material, being seeds, bulbs or material for–
sowing or planting for the production of fruit, of the vegetables, flowers, plants or foliage mentioned in (b) and (c) above or of herbs, or
reproduction of the seeds, bulbs or other material planted; or
trees and shrubs, other than trees grown for the purpose of afforestation; but does not include hops;
“labour unit” means the amount of work, other than work done by an excluded contractor except to the extent that such work is carried out by seasonal labour, which would in the opinion of the appropriate Minister occupy the full time, not exceeding 2,200 hours per year, of a full-time worker;
“less-favoured area” means land–
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2 of Council Directive No. 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas , and
which–
is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
is situated in the Isles of Scilly,
which land is within the area shaded blue or shaded pink on the designated maps;
“preparation for market”, in relation to produce, does not include canning, bottling, pulping or cooking, or preserving by sterilising, by freezing or by de-hydrating;
“the 1980 Regulations ” means the Agriculture and Horticulture Development Regulations 1980 ;
“the 1981 Regulations ” means the Farm and Horticulture Development Regulations 1981 ;
“the 1985 Regulations” means the Agriculture Improvement Regulations 1985 ;
“the 1985 Scheme ” means the Agriculture Improvement Scheme 1985 .
2
Unless the context otherwise requires, any reference in this Scheme to a numbered paragraph or Schedule shall be construed as a reference to the paragraph or Schedule bearing that number in this Scheme.
Payment of grants
3
1
Subject to the provisions of this Scheme, the appropriate Minister may make to any person a grant towards expenditure incurred by him for the purposes of, or in connection with, the carrying on of an agricultural business, being expenditure which–
a
has been incurred–
i
on or after 20th February 1989 in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 6 and 10 in column 1 of Schedule 1;
ii
on or after 20th February 1989 in relation to Scotland only in respect of any work, facility or transaction of a kind specified in paragraph 9 in column 1 of Schedule 1;
iii
on or after 20th February 1989 in relation to the Isles of Scilly only in respect of any work, facility or transaction of a kind specified in column 1 of Schedule 2;
iv
on or after 1st December 1989 in respect of any work, facility or transaction of a kind specified in paragraph 7 or 8 in column 1 of Schedule 1;
b
appears to that Minister to be of a capital nature or incurred in connection with expenditure of a capital nature; and
c
is approved by that Minister for the purposes of a grant under this Scheme.
2
The appropriate Minister may make the payment of grant under sub-paragraph (1) above subject to such conditions as that Minister thinks fit, and any payment of such grant may be made at such time as that Minister may determine.
3
Where it appears to the appropriate Minister that expenditure in respect of which a grant is claimed under sub-paragraph (1) above has been incurred partly for the purposes of, or in connection with, the carrying on of an agricultural business and partly for non-agricultural purposes, that Minister may for the purposes of a grant under the said sub-paragraph (1) treat as having been incurred for the purposes of, or in connection with, the carrying on of an agricultural business so much of that expenditure as appears to that Minister to be referable to the carrying on of that agricultural business.
Restrictions on payment of grant
4
1
The appropriate Minister shall not pay grant under paragraph 3(1) in relation to any expenditure–
a
if at the time the expenditure was incurred the agricultural business in relation to which the expenditure was incurred was the subject of a development plan approved under the 1980 Regulations or the 1981 Regulations or of an improvement plan approved under the 1980 Regulations and subsisting at that time;
b
in connection with the breeding or keeping of pigs where that expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 1(b) in column 1 of Schedule 1 which entails an increase in production;
c
in connection with the breeding or keeping of poultry or the production of eggs except where that expenditure is in respect of any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 1 and which does not entail an increase in production;
d
in connection with the breeding or keeping of dairy cows unless it appears to that Minister that the effect of the work, facility or transaction in respect of which that expenditure has been incurred is not to exceed the reference quantity, increased where appropriate by the additional reference quantity, determined in accordance with Council Regulation (EEC) No. 857/84 adopting general rules for the application of the levy referred to in Article 5c of Council Regulation (EEC) No. 804/68 in the milk and milk products sector;
e
in connection with any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 1 unless that Minister is satisfied that the person through whom the business is carried on practises farming as his main occupation, in that not less than half of his annual income, calculated in accordance with the provisions of sub-paragraph (2) below, is derived from agricultural activities relating to that business and the amount of time spent by him in those activities is more than 1,100 hours per year;
f
in connection with any work, facility or transaction of a kind specified in paragraph 1(b) or (c) or 5 in column 1 of Schedule 1 unless written notification of the work, facility or transaction was given to the appropriate Minister in such form as he may require and that notification was acknowledged by him before the expenditure was incurred.
2
For the purposes of sub-paragraph (1)(e) above a person’s annual income shall be calculated by reference to the financial year immediately preceding the day on which the claim for grant is submitted or such other period as the appropriate Minister shall determine, being a period which he is satisfied gives a fair indication of the normal amount of income of that person and the normal amount of income derived from agricultural activities in the business by that person.
3
Where at the date on which a claim for grant under paragraph 3(1) is received by the appropriate Minister–
a
the amount of the expenditure, other than expenditure incurred in respect of any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 2, which is included in the claim (hereinafter in this paragraph referred to as “the present claim”) and towards which grant is payable, or
b
the aggregate of the amount of that expenditure and any other relevant expenditure towards which grant is payable or has been paid in respect of the same agricultural business, whether under this Scheme or otherwise, as the result of a claim received during the period of six years ending with the date of receipt of the present claim,
exceeds £35,000 per labour unit reasonably required in the carrying on of the agricultural business to which the present claim relates or £74,000 for the business, that Minister shall not pay grant towards so much of that expenditure or, as the case may be, that aggregate as exceeds those figures.
4
Where the agricultural business to which the present claim under paragraph 3(1) relates includes the breeding or keeping of poultry or the production of eggs, work done in carrying on that part of the agricultural business shall be disregarded for the purposes of calculating under sub-paragraph (3) above the number of labour units reasonably required in the carrying on of the agricultural business, except where the present claim is in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 1.
5
In this paragraph–
“expenditure” does not include expenditure incurred in respect of any work, facility or transaction of a kind specified in paragraph 9 in column 1 of Schedule 1;
“other relevant expenditure” means expenditure which is included in any previous improvement plan approved under the 1980 Regulations or towards which grant is payable or has been paid under this Scheme or the 1985 Scheme, but does not include expenditure incurred in respect of any work, facility or transaction of a kind specified in paragraph 9 in column 1 of Schedule 1 to this Scheme or to the 1985 Scheme or expenditure incurred in respect of the provision, replacement or improvement of shelter hedges (including hedgerow trees and associated protective fencing).
Amounts of grant
5
1
Subject to the provisions of this paragraph and paragraphs 8 and 9, the amount of any grant payable under paragraph 3(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 9 in column 1 of Schedule 1 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
2
Subject to the following provisions of this paragraph and paragraphs 8 and 9, in the case of any such work, facility or transaction which, in the opinion of the appropriate Minister, is for the purposes of, or in connection with, the carrying on of an agricultural business or that part thereof situated in a less-favoured area, the amount of grant so payable shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 3 of Schedule 1.
3
Where it appears to the appropriate Minister that expenditure towards which grant is payable under paragraph 3(1) has been incurred for the purposes of, or in connection with, the carrying on of an agricultural business situated partly in a less-favoured area, the appropriate Minister may for the purpose of determining the amount of grant so payable towards that expenditure treat as having been incurred for, or in connection with, that part of the business situated in the less-favoured area so much of that expenditure as appears to that Minister to be referable to the carrying on of that part of the business.
4
Subject to sub-paragraph (6) below, the amount of any grant payable under paragraph 3(1) towards expenditure in respect of the carrying out or provision of any work, facility or transaction (including conservation or amenity works) which is not of a kind specified in any of paragraphs 1 to 9 in column 1 of Schedule 1 but is incidental to, or necessary or proper in, the carrying out or provision of any other work, facility or transaction which is of a kind so specified or for securing the full benefit thereof shall be calculated at the rate of grant appropriate to that other work, facility or transaction in accordance with the provisions of this paragraph.
5
Subject to the provisions of paragraphs 8 and 9, the amount of any grant payable under paragraph 3(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
6
Subject to the provisions of paragraphs 8 and 9, in the case of expenditure incurred in relation to the Isles of Scilly in respect of any work, facility or transaction of a kind specified in column 1 of both Schedule 1 and Schedule 2, the amount of any grant payable under paragraph 3(1) shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of Schedule 2, and sub-paragraph (4) above shall not apply.
Claims for grant
6
Any claim for a grant under this Scheme shall be made in such form and manner and at such time as the appropriate Minister may from time to time require, and the claimant for grant shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as that Minister may require.
Closing dates for claims and incurring certain expenditure
7
1
Subject to paragraph (2) below, the appropriate Minister shall not pay any grant under this Scheme unless the claim for grant is received by him on or before 19th February 1996.
2
The appropriate Minister shall not pay any grant under this Scheme in respect of–
a
any work, facility or transaction of a kind specified in paragraph 6 in column 1 of Schedule 1 unless the claim for grant is received by him on or before 31st March 1994;
b
any work, facility or transaction of a kind specified in paragraph 7 or 8 in column 1 of Schedule 1 unless the claim for grant is received by him on or before 31st December 1993;
c
any work, facility or transaction of a kind specified in any paragraphs 1 to 5 in column 1 of Schedule 2 unless the claim for grant is received by him on or before 16th November 1994.
3
The appropriate Minister shall not pay grant under this Scheme in relation to any expenditure–
a
incurred on or after 1st January 1994 in respect of any work, facility or transaction of a kind specified in paragraph 6 in column 1 of Schedule 1;
b
incurred on or after 17th November 1993 in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2.
Standard costs
8
In such cases, and subject to such conditions, as the appropriate Minister may from time to time determine, the cost of any work, facility or transaction or the amount of any other cost or expenditure shall, if the claimant so elects, be taken for the purpose of determining the amount of any grant payable under this Scheme as such standard cost or amount as that Minister may from time to time fix with the approval of the Treasury.
Reduction or withholding of grant
9
1
The appropriate Minister may reduce or withhold any grant payable under this Scheme in any case where–
a
assistance in respect of expenditure towards which such grant is claimed has been or may be given otherwise than under this Scheme, or
b
the carrying out or provision of the work, facility or transaction towards the expenditure on which such grant is claimed appears to that Minister to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Economic Community, or
c
he considers that the expenditure towards which such grant is claimed is excessive having regard to the work, facility or transaction carried out or provided to which the claim relates, or
d
the carrying out of the work, facility or transaction towards the expenditure on which such grant is claimed has been effected in a way which appears to that Minister to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.
2
Before reducing or withholding any grant under the provisions of sub-paragraph (1)(c) or (d) above the appropriate Minister shall–
a
give to any person whose grant it is proposed to reduce or withhold a written notification of the reasons for the action proposed to be taken by that Minister, and
b
afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
c
consider the report by a person so appointed and supply a copy of the report to the person mentioned in paragraph (a) above.
Variation of the 1985 Scheme
10
1
The 1985 Scheme shall be varied in accordance with sub-paragraphs (2) to (4) below.
2
In paragraph 7 thereof (closing dates for claims)–
a
in sub-paragraph (b) there shall be inserted after the words “glasshouse heating systems)” the words “or any work, facility or transaction incidental thereto or necessary or proper in carrying it out or providing it or securing the full benefit thereof”;
b
in sub-paragraph (bA) there shall be substituted for the date “16th November 1994” the date “30th November 1989”;
c
in sub-paragraph (bB) there shall be inserted after the words “in Scotland)” the words “or any work, facility or transaction incidental thereto or necessary or proper in carrying it out or providing it or securing the full benefit thereof”.
3
In paragraph 7A thereof (closing dates for incurring expenditure)–
a
in sub-paragraph (a) there shall be inserted at the end the words “or any work, facility or transaction incidental thereto or necessary or proper in carrying it out or providing it or securing the full benefit thereof”;
b
in sub-paragraph (b) there shall be inserted after the words “Schedule 1” the words “or any work, facility or transaction incidental thereto or necessary or proper in carrying it out or providing it or securing the full benefit thereof”;
c
in sub-paragraph (c) there shall be substituted for the date “16th November 1993” the date “19th February 1989”.
4
In Schedule 1 thereto in column 1 (eligible works, facilities and transactions) there shall be substituted for paragraph 6 the following paragraph–
6
Provision, installation or replacement of heating systems (including boilers) in glasshouses and in durable plastic-clad structures designed and intended for the production of horticultural produce.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th January 1989.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
30th January 1989
Peter Walker
Secretary of State for Wales
27th January 1989
We approve,
David Maclean
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
31st January 1989


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Isle of Man) Order 1989 and shall come into force on 1st August 1989.
2
1
The following provisions of the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man subject to the exceptions and modifications specified in paragraphs (2) and (3) below–
a
Part IV ( registered designs ), except section 272 (so far as that section relates to paragraph 21 of Schedule 3) and section 273;
b
section 300 ( fraudulent application or use of trade marks an offence );
c
Schedule 3 ( registered designs: minor and consequential amendments ), except paragraph 21, and
d
paragraphs 12 to 16 of Schedule 5 ( patents: miscellaneous amendments ).
2
Any reference in any of those provisions to an Act of Parliament or to a provision of such an Act shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man.
3
Without prejudice to paragraph (2) above, sections 58A to 58D of the Trade Marks Act 1938 inserted by section 300 shall have effect subject to the exceptions and modifications specified in the Schedule to this Order.
3
The following provisions of the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man–
a
section 303 ( consequential amendments and repeals ), so far as it relates to the provisions specified in paragraphs (b) and (c) below;
b
paragraphs 5, 20, 22 and 23 of Schedule 7, and
c
Schedule 8, so far as it relates to–
i
the Registered Designs Act 1949 (except section 32 of that Act), and
ii
section 49(3) of, and paragraphs 1 and 3 of Schedule 5 to, the Patents Act 1977 .
G. I. de Deney
Clerk of the Privy Council