text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) Amendment Order 1988 and shall come into force on 1st April 1988.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st April 1988;
“the new authority” means Parkside Health Authority constituted by the National Health Service (Constitution of District Health Authority) Order 1988 ;
“the old authorities” means Paddington and North Kensington Health Authority and Brent Health Authority constituted by the National Health Service (Constitution of District Health Authorities) Order 1981 .
Variation of district
2
1
The district of Brent Health Authority is hereby abolished.
2
The district of Paddington and North Kensington Health Authority shall be varied so as to include the London borough of Brent and shall be known as Parkside District.
3
Accordingly in Part 1 of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 the entries in column (2)“Brent District” and“Paddington and North Kensington District” and any entries in column (1) or (3) relating to them shall be omitted and after the entries relating to North West Hertfordshire District there shall be inserted in the appropriate columns the following entries —
Col (1) Col (2) Col (3)
5 Parkside District
In Greater London —
The London borough of Brent;
The city of Westminster (except the wards of Baker Street, Bryanston, Cavendish, Churchill, Church Street, Hamilton Terrace, Knightsbridge, Lords, Millbank, Regents Park, St George's, St James's, Victoria, and West End);
In the Royal borough of Kensington and Chelsea, the wards of Avondale, Colville, Golbourne, Kelfield, Norland, Pembridge and St Charles
.
Transfer of officers
3
Any officer employed by either of the old authorities immediately before the material date shall on the material date be transferred to the employment of the new authority and the contract of employment between such officer and the authority by which he was employed shall be modified so as to substitute as the employer the new authority.
Preservation of training arrangements
4
Where arrangements have been made by either of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and those arrangements have not been discharged before the material date, those arrangements shall continue to apply with the substitution for that authority of the new authority.
Enforceability of rights and liabilities
5
Subject to the following provisions of this Order any right which was enforceable by and any liability which was enforceable against either of the old authorities shall be enforceable by or against the new authority.
Winding up of affairs of old authorities
6
It shall be the duty of the new authority to take, in accordance with such directions as may be given by the North West Thames Regional Health Authority, such action as may be necessary for winding up the affairs of the old authorities.
Accounts of old authorities
7
Where, on the material date, either of the old authorities has not performed in respect of any period before the material date any duty imposed on that authority by section 98 of the Act it shall be the duty of the new authority to perform that duty in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, and any application duly made by, or any direction, authorisation or notice duly given to or by either of the old authorities shall be deemed to have been duly done by, or made by or given to or by the new authority.
2
Any instrument made by either of the old authorities shall continue in force until it is varied or revoked by the new authority.
3
Any form supplied by either of the old authorities and any form supplied by the Secretary of State relating to either of the old authorities shall continue to be a valid form in relation to the new authority until it is cancelled or withdrawn by the Secretary of State or the new authority, as if any reference contained in such a form to either of the old authorities were a reference to the new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of either of the old authorities is, immediately before the material date, authorised by the Secretary of State to be made available under section 65(1) or section 66(1) of the Act it shall continue to be authorised to be made available under the appropriate section, to the extent determined, on or after that date until such authorisation is varied or revoked by the Secretary of State.
Investigation of complaints by Health Service Commissioner
10
1
A complaint under Part V of the Act to the Health Service Commissioner for England in relation to either of the old authorities, whether made before or after the material date, may be investigated by that Commissioner notwithstanding the abolition of that authority as if the complaint had been made in relation to the new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and to the North West Thames Regional Health Authority.
Appointment to act on behalf of persons unable to act for themselves
11
Any appointment made by the Secretary of State for the purposes of the Family Income Supplements Act 1970 , the Social Security Act 1975 , the Industrial Injuries and Diseases (Old Cases) Act 1975 , the Child Benefit Act 1975 or the Supplementary Benefits Act 1976 , of either of the old authorities or of a person holding a specified office with either of the old authorities to exercise, on behalf of a person unable to act by reason of mental or other incapacity, any right which such person may have under any of those Acts, shall continue to be a valid appointment as if any reference therein to that authority or a person holding the said office were a reference to the new authority.
Transfer of trust property of old authorities
12
The trust property vested immediately before the appointed date in either of the old authorities shall on the material date be transferred to the new authority.
Exercise of powers in relation to trusts
13
Where, immediately before the material date, any power to appoint trustees of a charity connected with health service purposes is under the trusts of the charity vested in either of the old authorities that power shall on the material date vest in the new authority.
Appointment of new trustees
14
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of either of the old authorities, the trustees shall instead include the holder of the corresponding office with the new authority.
Signed by authority of the Secretary of State for Social Services.
Edwina Currie
Parliamentary Under-Secretary of State,
Department of Health and Social Security
7th March 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A20 Trunk Road (Sidcup Bypass, Bexley and Bromley) (Speed Limits) Order 1988 and shall come into force on 24th January 1988.
2
In this Order —
“the Bypass” means that length of the London — Dover Trunk Road (A20) in the London Boroughs of Bexley and Bromley starting at a point 700 metres east of the eastern kerbline of County Gate and extending in a general southeasterly direction to the western end of the Swanley Bypass, a distance of approximately 5.68 kilometres;
“Frognal Corner” means the intersection of the Bypass with Perry Street (A222) and Chislehurst Road (A222);
“Crittalls Corner” means the intersection of the Bypass with Sevenoaks Way (A224) and Cray road (A224);
“Frognal Corner eastbound exit slip road” means that length of road which links the eastbound carriageway of the Bypass with the roundabout at Frognal Corner;
“Frognal Corner eastbound access slip road” means that length of road which links the roundabout at Frognal Corner with the eastbound carriageway of the Bypass;
“Crittalls Corner eastbound exit slip road” means that length of road which links the eastbound carriageway of the Bypass with the roundabout at Crittalls Corner;
“Crittalls Corner eastbound access slip road” means that length of road which links the Old Sidcup Bypass spur road at Crittalls Corner with the eastbound carriageway of the Bypass;
“Frognal Corner westbound exit slip road” means that length of road which links the westbound carriageway of the Bypass with the roundabout at Frognal Corner;
“Frognal Corner westbound access slip road” means that length of road which links the roundabout at Frognal Corner with the westbound carriageway of the Bypass;
“Crittalls Corner westbound exit slip road” means that length of road which links the westbound carriageway of the Bypass with the roundabout at Crittalls Corner;
“Crittalls Corner westbound access slip road” means that length of road which links the roundabout at Crittalls Corner with the westbound carriageway of the Bypass.
3
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on any of the lengths of road specified in Schedule 1 to this Order.
4
The lengths of road specified in Schedule 2 to this Order shall cease to be restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984.
5
Paragraph 41 of the Schedule to the Trunk Roads (50 m.p.h. Speed Limit) (England) Order 1965 , as varied , is hereby revoked.
Signed by authority of the Secretary of State
John Dawson
Director (Transport), London Regional Office of the
Department of Transport
18th January 1988


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment No. 2 Order 1988 and shall come into force on 1st June 1988.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the movement into the designated area of a sheep which has previously been moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent did not require that the sheep to which it applies should be marked in a manner specified therein; and
b
the slaughter of a sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 10th January 1988, which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
c
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (b) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
1
In article 5, for paragraph (3) there shall be substituted the following paragraph —
3
Paragraph (2) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act, which did not require that the sheep to which it applies should be marked in a manner specified therein; or
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act, which consent was subject to the condition that the sheep to which it applies should be marked with a red mark.
.
2
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 10th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 27th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 11th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
and which, in either case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th May 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Assured Tenancies (Approved Bodies) (No. 3) Order 1988 and shall come into force on 24th October 1988.
2
The bodies named in the Schedule to this Order are hereby specified for the purposes of Part II of the Housing Act 1980.
Signed by authority of the Secretary of State
David Trippier
Parliamentary Under Secretary of State,
Department of the Environment
15th September 1988
Peter Walker
Secretary of State for Wales
20th September 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment No.2 Order 1988 and shall come into force on 1st August 1988.
2
In this Order “the principal Order” means the Food Protection (Emergency Prohibitions) Order 1988( ).
Designated incident
2
In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: — the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Amendment of the principal Order
3
1
In article 4 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which —
i
was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or
ii
was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which in either case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
2
In article 5 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
e
any sheep which was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark.
.
3
In article 6 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which —
i
was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or
ii
was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which in eith er case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
N. E. Sharp
Assistant Secretary, Scottish Office
St. Andrew’s House,
Edinburgh
29th July 1988


text:
Citation and Commencement
1
This Order may be cited as the Cattewater (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order:
“ the Commissioners ” means the Cattewater Harbour Commissioners.
“the Cattewater Harbour ” means that part of the Port of Plymouth which is subject to the Cattewater Harbour Acts and Orders of 1915, 1925, 1950 and 1986 .
“ the Act ” means the Pilotage Act 1987.
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Commissioners situated at 2, The Barbican, Plymouth, Devon.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Commissioners shall have jurisdiction for the purposes of pilotage under Part I of the Act shall include, (in addition to the Cattewater Harbour), the area coloured pink on the signed plan, being so much of the tidal waters of the Port of Plymouth outside the Cattewater Harbour as is bounded on the north by the Tamar Bridges, on the east by the Laira Bridges and on the south by an imaginary line drawn three and one half nautical miles radius from the lighthouse on Plymouth Breakwater, including all bays, creeks lakes and pools and the waters of any open or closed docks within this area (with the exception of any docks or the waters immediately surrounding any wharves, piers, jetties or moorings belonging to the Ministry of Defence).
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
29th September 1988


text:
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1988 and shall come into force on 18th April 1988.
2
In sub-paragraph (a)(ii) of paragraph 2 of Schedule 5 to the Education (Teachers) Regulations 1982 there shall be substituted for the words “is approved” the words “was at the time when the person completed it approved”.
Kenneth Baker
Secretary of State for Education and Science
17th March 1988


text:
Title and commencement
1
These Regulations may be cited as the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988 and shall come into force on 1st January 1989.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ the Act ” means the Food Act 1984;
“atmospheric shade box” means a well ventilated box or cupboard so situated on the outside of a wall on the north side of a building or in a comparable position that it is at all times in the shade, such box or cupboard being not less than three feet above the ground at its lowest point and having inside it a maximum thermometer and a minimum thermometer of the meteorological type, accurate to within 0.5 °C.;
“atmospheric shade temperature” means the temperature inside an atmospheric shade box;
“bulk milk” means milk which is not packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer;
“consumer” means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale;
“local authority” has the meaning assigned to it by section 72 of the Act;
“milk” means cows' milk intended for sale or sold for human consumption, but does not include such milk intended for manufacture into products for sale for human consumption;
“milk processor” means any milk pasteuriser, milk steriliser or person treating milk by the ultra high temperature method;
“milk purveyor” includes any person who sells milk, whether wholesale or by retail;
“the Minister” means the Minister of Agriculture, Fisheries and Food, and the Secretary of State, acting jointly;
“presentation”, in relation to semi-skimmed milk or skimmed milk, includes the appearance or packaging of the semi-skimmed milk or skimmed milk, the way in which the semi-skimmed milk or skimmed milk is arranged when it is exposed for sale and the setting in which the semi-skimmed milk or skimmed milk is displayed with a view to sale, but does not include any form of labelling or advertising;
“sample” means a sample taken by a person duly authorised in that behalf by a local authority;
“sell” includes offer or agree to sell or expose for sale; and “sold” shall be construed accordingly;
“semi-skimmed milk” means milk the fat content of which has been brought to at least 1.50 per cent. and at the most 1.80 per cent. calculated by weight;
“skimmed milk” means milk the fat content of which has been brought to not more than 0.30 per cent. calculated by weight.
2
Any reference in these Regulations to a numbered regulation or to a Schedule shall, unless the reference is to a regulation of, or a Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Heat treatment of semi-skimmed milk and skimmed milk
3
1
Subject to paragraphs (3) and (4) of this regulation, no person shall sell any semi-skimmed milk or skimmed milk unless the requirements specified in paragraph (2) of this regulation are satisfied.
2
The requirements to be satisfied are —
a
the general requirements of Schedule 1 in connection with the heat treatment of semi-skimmed milk and skimmed milk,
b
such of the special requirements as are applicable of Part I, II or III of Schedule 2 in relation to and in connection with such heat treatment by pasteurisation, sterilisation or the ultra high temperature method respectively,
c
the requirements as to sampling of Part I of Schedule 3 and such of the requirements as to testing as are applicable of Parts II, III, IV , V and VI of that Schedule.
3
Where semi-skimmed milk or skimmed milk is brought from Scotland or Northern Ireland into England and Wales, the requirements of Schedule 1 and any Part of Schedule 2 in relation to that milk shall, so far as they would relate to anything to be done before that milk enters England and Wales, be deemed to be satisfied if the corresponding requirements of legislation having effect for the time being in Scotland or Northern Ireland (as the case may be) in relation to the heat treatment of that milk are satisfied.
4
Paragraph (2)(b) and (c) of this regulation shall not apply to the sale of semi-skimmed milk or skimmed milk to a milk processor for heat treatment in accordance with these Regulations.
Labelling and presentation
4
1
No person shall sell any semi-skimmed milk or skimmed milk, which has been subjected to heat treatment by pasteurisation, sterilisation or treatment by the ultra high temperature method, in a container unless that container is labelled in accordance with the requirements of Schedule 4.
2
No person shall sell to the ultimate consumer (as defined in Schedule 4) any semi-skimmed milk or skimmed milk whose presentation is such that a purchaser is likely to be misled to a material degree as to the nature, substance or quality of the semi-skimmed milk or skimmed milk.
Penalties and enforcement
5
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2,000.
2
Each local authority shall enforce and execute such provisions in their area.
3
Every local authority shall give such assistance and information to any other local authority as that other local authority may reasonably require for the purpose of carrying out their duties under these Regulations.
Application of various provisions of the Act
6
The following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations: —
a
section 95(5) (which relates to prosecutions);
b
section 97(1), (2) and (3) (which relates to evidence of analysis);
c
section 100 (which relates to a contravention due to some person other than the person charged);
d
section 102(2)(a) and (b) (which relates to the conditions under which a warranty may be pleaded as a defence);
e
section 103 (which relates to offences in relation to warranties and certificates of analysis).
Importation of Milk Regulations 1988
7
Save as provided by the Importation of Milk Regulations 1988 , these Regulations do not apply to imported semi-skimmed milk or skimmed milk which is drinking milk within the meaning of Council Regulation ( EEC ) No. 1411/71 laying down additional rules on the common market organization in milk and milk products for drinking milk.
Revocation
8
The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1986 and the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) (Amendment) Regulations 1988 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
15th December 1988
Peter Walker
Secretary of State for Wales
15th December 1988


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers names in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The fees established and set out in the third column of Table I and Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Fees established and set out in Tables I and II of the Schedule to The Legal Officers (Annual Fees) 1987 shall no longer be payable.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
Any agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1988 and shall come into operation on the first day of January 1989.
Dated this 27th day of May 1988
J. R. Cumming-Bruce
A. Black
T. A. C. Coningsby
D. Lovelock
B. M. M. O'Connor
Approved by the General Synod
W. D. Pattinson
Secretary-General
the 8th day of November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Highways (Assessment of Environmental Effects) Regulations 1988 and shall come into force on the seventh day after the day on which they are made.
Amendment of the Highways Act 1980
2
After section 105 of the Highways Act 1980 there shall be inserted —
PART VA
ENVIRONMENTAL ASSESSMENT
Environmental assessmentof certainhighway projects
105A
1
In any case where the Secretary of State has under consideration the construction of a new highway or the improvement of an existing highway, he shall determine before the date of publication of details of the project whether or not it falls within Annex I or Annex II to Council Directive No. 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment.
2
If he determines that it falls within Annex I, or that it falls within Annex II and has such characteristics that it should be made subject to an environmental assessment in accordance with the Directive. he shall publish not later than the date of publication of details of the project an environmental statement, that is, a statement containing the information referred to in Annex III to the Directive to the extent that he considers —
a
that it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it;
and
b
that (having regard in particular to current knowledge and methods of assessment) the information may reasonably be gathered,
including at least —
i
a description of the project comprising information on the site, design and size of the project;
ii
a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
iii
the data required to identify and assess the main effects which the project is likely to have on the environment;
iv
a non-technical summary of the information mentioned in paragraphs (i)
to (iii) above.
3
If the Secretary of State publishes an environmental statement, he shall ensure that the public concerned is given an opportunity to express an opinion before the project is initiated.
4
If on completion of the project any part of the highway would lie on, or within 100 metres of, land comprised —
a
in a National Park or nature reserve within the meaning of the National Parks and Access to the Countryside Act 1949;
b
in a conservation area within the meaning of the Town and Country Planning Act 1971; or
c
in an area notified under section 28 of the Wildlife and Countryside Act 1981 as an area of special scientific interest or in relation to which the Secretary of State has made an order under section 29 of that Act,
he shall ensure that the appropriate environmental body is given an opportunity to express an opinion before the project is initiated.
5
the Secretary of State —
a
shall consider —
i
the environmental statement;
ii
any opinion expressed by a member of the public; and
iii
if the statement relates to land such as is mentioned in Subsection (4) above, any opinion expressed by the appropriate environmental body; and
b
shall publish his decision as to whether or not to initiate the project.
6
In this section “the appropriate environmental body” means —
a
the Countryside Commission, if the proposal relates to land falling within paragraph (a) of subsection (4) above;
b
the local planning authority, if it relates to land falling within paragraph (b); and
c
the Nature Conservancy Council, if it relates to land falling within paragraph (c).
7
This section does not apply —
a
where a draft order or scheme relating to construction or a draft order relating to improvement is published before the coming into force of the Highways (Assessment of Environmental Effects) Regulation 1988; or
b
where the Secretary of State has under consideration before that date construction or improvement without an order.
.
Paul Channon
Secretary of State for Transport
13th July 1988
Peter Walker
Secretary of State for Wales
14th July 1988


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Plaice (Specified Sea Areas) (Prohibition of Fishing) Order 1988, shall come into force on 17th December 1988 and shall cease to have effect on 1st January 1989.
2
In this Order–
“sea area” means a statistical division of the International Council for the Exploration of the Sea described in the Schedule hereto;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned.
Prohibition
2
Fishing for plaice (Pleuronectes platessa) –
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
16th December 1988
Peter Walker
Secretary of State for Wales
16th December 1988
Ian Stewart
Minister of State, Northern Ireland Office
15th December 1988


text:
1
This Order shall come into force on 17th September 1988 and may be cited as the Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1988.
2
The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended by adding in article 3 (which names the Canadian courts, including the courts of Provinces, which are to be recognised courts for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933) after “Ontario”, the words “, Prince Edward Island”.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Merchant Shipping (Categorisation of Registries of Overseas Territories) Order 1988 and shall come into force on 20th January 1989.
2
1
There is established the following category of registry for the registration of ships in the relevant overseas territories:
1A
unlimited tonnage and type, under which there is no restriction as to the ships which may be registered in that territory.
2
Bermuda and the Isle of Man are assigned to Category 1A.
G.I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Trustee Savings Banks Act 1985 (Appointed Day) (No. 6) Order 1988.
2
5th July 1988 shall be the appointed day for the purpose of section 220(2) of the Insolvency Act 1986 and for the repeal of the following provisions of the Trustee Savings Banks Act 1981 : —
a
section 12, and section 13 so far as unrepealed;
b
sections 23 and 24, and section 25 so far as unrepealed;
c
sections 51 and 53;
d
Schedule 3 and 5, and in Schedule 7, paragraph 9(2).
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
5th July 1988


text:
Citation and commencement
1
This Order may be cited as the Dock Workers (Regulation of Employment) (Amendment) Order 1988 and shall come into force on 5th September 1988.
Variation of the principal scheme
2
Effect is hereby given to the Dockworkers (Regulation of Employment) (Amendment) Scheme 1988 set out in the Schedule hereto and the principal scheme shall be varied accordingly.
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
25th August 1988


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 11) Order 1988.
2
Section 6 (consultation before disposal to private sector landlord) of the Housing and Planning Act 1986 shall come into force on 11th March 1988.
Nicholas Ridley
Secretary of State for the Environment
16th February 1988
Peter Walker
Secretary of State for Wales
18th February 1988


text:
Citation and commencement
1
These Rules may be cited as the Magistrates' Courts (Family Law Act 1986) Rules 1988 and shall come into force on 4th April 1988.
Interpretation
2
1
In these Rules the following expressions have the meaning hereby respectively assigned to them —
“ the Act ” means the Family Law Act 1986;
“commission area” has the same meaning as in the Justices of the Peace Act 1979 ;
“custody order” means a custody order within the meaning of any of sections 1, 32, 40 and 42(5) and (6) of the Act;
“the appropriate court” means, in relation to Scotland, the Court of Session and, in relation to Northern Ireland, the High Court;
“the Deputy Principal Clerk ” means the Deputy Principal Clerk of Session;
“ the Master ” means the Master (Care and Protection) of the High Court in Northern Ireland.
2
Any requirement in these Rules for any matter to be entered in the register of a magistrates' court is a requirement that it be entered in the register kept by the clerk of that court in accordance with Rule 66 of the Magistrates' Courts Rules 1981 .
Registration of custody orders
3
1
An application under section 27 of the Act for the registration in the appropriate court of a custody order made by a magistrates' court in England and Wales shall be made in writing in Form 1 in the Schedule to these Rules or in a similar form containing the information specified in the said Form 1, to the court which made the order.
2
An application to which paragraph (1) above relates shall be accompanied by the following documents, namely —
a
a certified copy of the order;
b
where the order has been varied, a certified copy of any variation order which is in force;
c
any other document relevant to the application.
3
Subject to paragraph (4) below, if it appears to the court to which an application is made in accordance with paragraphs (1) and (2) above that the order to which the application relates is in force it shall cause the clerk of the court to send a copy of the application, together with copies of the documents set out in paragraph (2) above, to the Deputy Principal Clerk or the Master of the appropriate court, or to both, as the case may be.
4
If it appears to the court to which an application is made in accordance with paragraphs (1) and (2) above that the order to which the application relates is no longer in force in respect of a child in respect of whom the order was made or that any such child has attained the age of 16, it shall refuse to send the documents referred to in paragraph (2) above to the appropriate court, or shall indicate thereon with respect to which child or children the order is not to be registered, and the clerk of the court shall notify the applicant of its refusal or indication accordingly.
5
A memorandum of the granting of an application made in accordance with paragraphs (1) and (2) above shall be entered in the register of the court to which the application was made.
6
Where the clerk of the court which granted an application made in accordance with paragraphs (1) and (2) above receives notice of the registration in the appropriate court of the order he shall cause particulars of the notice to be entered in the register of his court.
Notice of revocation or variation of a registered order, and of cancellation of registration
4
1
Where a custody order made by a magistrates' court in England and Wales and registered in the appropriate court in Scotland or Northern Ireland is revoked or varied, the clerk of the court making the order of revocation or variation shall cause a certified copy of that order to be sent to the Deputy Principal Clerk or the Master of the appropriate court, or both, as the case may be, and to the court which made the custody order, if that court is different from the court making the order of revocation or variation.
2
Where the clerk of the court which made an order revoking or varying a registered order receives notice of the registration in the appropriate court of the order of revocation or variation he shall cause particulars of the notice to be entered in the register of his court.
3
Where the clerk of the court which made a custody order receives, in accordance with paragraph (1) above, a certified copy of an order of revocation or variation of that order by another court, he shall cause notice thereof to be entered in the register of his court.
4
Where the clerk of a court which made a custody order receives notice of the registration in the appropriate court of an order revoking or varying the custody order he shall cause particulars of the notice to be entered in the register of his court.
5
Where the clerk of a court which made a custody order receives notice of the cancellation of the registration of that order in the appropriate court, he shall cause particulars of the notice to be entered in the register of his court.
Courts authorised to hear applications under the Guardianship of Minors Act 1971 and Part II of the Children Act 1975
5
1
A magistrates' court for the commission area in which a child has habitual residence or, where the child has no habitual residence, for the commission area in which the child is present at the time when proceedings are commenced shall be the court authorised to hear an application in respect of the child under the Guardianship of Minors Act 1971 or Part II of the Children Act 1975.
2
Where a child, having been habitually resident in a commission area, leaves or is removed from or retained outside that commission area, either without the agreement of the person or of all the persons having the right to determine where he is to reside or in contravention of an order made by a court in any part of the United Kingdom, he shall be regarded for the purposes of paragraph (1) above as continuing to be habitually resident in that commission area for the period of one year beginning with the date on which he left or was removed therefrom.
3
This rule shall not apply in relation to proceedings commenced in a magistrates' court before 4th April 1988.
Duty to give statement of other proceedings
6
1
A party to proceedings for or relating to a custody order in a magistrates' court in England and Wales who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate to the child concerned shall provide to the court a statement giving the information set out in Form 2 in the Schedule to these Rules, and, for this purpose, the clerk of a magistrates' court in which proceedings for or relating to a custody order are pending shall, as soon in those proceedings as may be practicable, notify the parties of the provisions of this rule by sending to each party a notice in the said Form 2 or in a similar form.
2
Paragraph (1) above shall not apply in relation to proceedings commenced in a magistrates' court before 4th April 1988.
Stay of proceedings
7
1
Where under section 5(2) of the Act a magistrates' court stays proceedings on an application for a custody order it shall cause notice of the stay to be given to the parties to the proceedings.
2
Where under section 5(3) of the Act a magistrates' court removes a stay granted in accordance with section 5(2) it shall cause notice of the removal of the stay to be given to the parties to the proceedings and shall proceed to deal with the application accordingly.
Mackay of Clashfern, C.
26th February 1988ection 5(2) it shall cause notice of the removal of the stay to be given to the parties to the proceedings and shall proceed to deal with the application accordingly.
Mackay of Clashfern, C.
26th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Measuring Equipment (Cold-water Meters) Regulations 1988 and shall come into force on 1st August 1988.
Interpretation
2
In these Regulations —
“ the Act ” means the Weights and Measures Act 1985;
“certificate of approval” means a certificate of approval of a pattern of cold-water meter granted or renewed by the Secretary of State under section 12 of the Act;
“certificate of EEC pattern approval” means a certificate of approval of a pattern of cold-water meter granted or renewed by a member State of the Economic Community in accordance with the Directive;
“cold-water meter” means an integrating measuring instrument for continuously determining the volume of water (and no other liquid) passing through it in the temperature range 0° to 30° Celsius, and which comprises a measuring device linked to an indicating device;
“the Directive” means Council Directive No. 75/33/EEC ;
“manufacturer’s mark” means a mark authorised by the Secretary of State on a meter to which these Regulations apply, which identifies all or any of the following:
the manufacturer of the meter;
the place and date of manufacture;
the group of meters of which the meter forms part;
“mark of EEC initial verification” means the mark described in paragraph 5 of Schedule 1 to the Measuring Instruments (EEC Requirements) Regulations 1988 ;
“maximum flowrate (Qmax)” is the highest flowrate at which the meter can function over limited periods without damage, without exceeding the prescribed limits of error on passing as fit for use for trade and without exceeding the value for pressure loss stated in the certificate of approval or certificate of EEC pattern approval as the case may be;
“minimum flowrate (Qmin)” is the flowrate fixed as a function of the nominal flowrate (Qn) and above which the meter does not exceed the prescribed limits of error on passing as fit for use for trade;
“nominal flowrate (Qn)” is the flowrate in cubic metres per hour which is used to designate the meter, being equal to half the maximum flowrate (Qmax);
“prescribed limits of error” has the meaning set out in regulation 10 below;
“quality system” means the organisation structure, responsibilities, activities, resources and events that together provide organised procedures and methods of implementation to ensure the capability of the organisation to meet quality requirements, such system having been assessed as meeting the requirements of BS 5750: Part 1: 1987 or BS 5750: Part 2: 1987 by an independent certification body accredited by the Secretary of State;
“the stamp” means the prescribed stamp ;
“transitional flowrate (Qt)” is the flowrate fixed as a function of the nominal flowrate (Qn) and at which the prescribed limits of error on passing as fit for use for trade change from 2 per cent to 5 per cent; and
“verification scale” means the fastest-moving visible graduated element of the indicating device of a meter.
Application
3
1
These Regulations apply to measuring equipment installed —
a
on or after 1st August 1988, where the equipment is installed compulsorily by or at the behest of the supplier of the water; and
b
on or after 1st April 1989 in other cases,
for use for trade for measuring any supply of water for domestic purposes in England or Wales; and such equipment is hereby prescribed for the purposes of section 11(1) of the Act.
2
In this regulation, “supply of water for domestic purposes” has the same meaning as in section 1(1) of the Third Schedule to the Water Act 1945 ; and a reference to a supplier of water is a reference to a water undertaker within the meaning of section 7(1) of the Public Utility Transfers and Water Charges Act 1988 .
3
Nothing in these Regulations other than this regulation and regulation 4 below applies to cold-water meters bearing the mark of EEC initial verification.
Purpose of use
4
No person shall use for trade a cold-water meter to which these Regulations apply unless it is an appropriate meter for the installation in question having regard to the criteria in clause 2 of the British Standard Specification for the measurement of flow of cold potable water in closed conduits BS 5728: Part 2: 1980 .
Principles of construction and marking
5
1
Measuring equipment to which these Regulations apply shall consist of a cold-water meter.
2
Cold-water meters to which these Regulations apply shall either —
a
be made in accordance with a certificate of EEC pattern approval; or
b
be made in accordance with a certificate of approval and be legibly and durably marked with: —
i
the number of the certificate of approval preceded by the words “Certification No.” or “Cert. No.”;
ii
the name or trade name of the manufacturer or his trademark;
iii
the metrological class and nominal flowrate (Qn) in cubic metres per hour;
iv
the year of manufacture and individual serial number;
v
one or more arrows showing the direction of flow;
vi
the maximum operating pressure in bar, if this can exceed 10 bar;
vii
the letter “V” or “H”, if the meter can operate properly only in either the vertical (V) or horizontal (H) position;
and shall be provided with such sealing arrangements as may be authorised in relation to the pattern as set out in the certificate of approval.
Testing
6
1
Every cold-water meter submitted for testing shall be in a clean condition.
2
Meters shall be tested by passing a volume of water through them which is sufficient to rotate the pointer or roller on the verification scale through one or more revolutions and thus to eliminate the effects of cyclic distortion.
3
Subject to regulation 7 below, on testing with a view to passing as fit for use for trade each meter shall be tested at a minimum of three flowrates, using testing equipment or working standards —
a
between 0.9 times the maximum flowrate (Qmax) and the maximum flowrate (Qmax);
b
between the transitional flowrate (Qt) and 1.1 times the transitional flowrate (Qt); and
c
between the minimum flowrate (Qmin) and 1.1 times the minimum flowrate (Qmin).
4
On testing in relation to obliteration of the stamp or mark the inspector shall test the meter, as far as practicable, within the flowrate bands —
a
one-quarter to one-half the nominal flowrate (Qn); and
b
the transitional flowrate (Qt) to five times the transitional flowrate (Qt),
using testing equipment or working standards.
5
For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any cold-water meter, a person submitting such a meter to an inspector or who an inspector has reasonable cause to believe has possession of such equipment for use for trade shall, if requested, provide for the inspector such assistance as the inspector may reasonably require.
7
1
Where a group of cold-water meters of the same design, the same class, the same nominal flowrate (Qn), the same manufacture and with the manufacturer’s mark on each is submitted for testing, and the conditions specified in paragraph (2) below are satisfied with respect to the group, the testing may, at the request of the submitter, be confined to a number of meters determined and selected as specified in paragraph (3) below.
2
The conditions referred to in paragraph (1) above are —
a
the group shall be clearly identifiable and shall consist of meters which exceed 150 but do not exceed 35,000 in number;
b
the meters in the group shall all have been produced by the same production process, such production process being the subject of a quality system;
c
the group shall be accompanied by records of the production process, of the testing of each meter and of any subsequent action taken by the manufacturer which are adequate to show that the meters in the group are likely to fall within the prescribed limits of error; and
d
the equipment used to test meters in the group shall comply with clause 4.6 of BS 5750: Part 3: 1987 .
3
The number of meters referred to in paragraph (1) above shall be determined and the meters shall be selected by sampling plans and procedures using samples which the inspector considers to be representative, in accordance with either —
a
BS 6001: Part 1: 1972 which provides an acceptable quality level equal to 1 per cent; or
b
BS 6001: Part 2: 1984 which provides a limiting quality of 5 per cent.
In either case the sample of meters chosen shall be tested for attributes, including for limits of error, as set out in paragraphs (1) to (3) of regulation 6 above.
4
If the sample selected as specified in paragraph (3) above satisfies the test, the other meters in the group shall be treated as having satisfied the test.
8
1
No cold-water meter to which these Regulations apply shall be passed as fit for use for trade unless —
a
on testing
i
it complies with all the appropriate requirements of these Regulations; and
ii
it falls within the prescribed limits of error: Provided that, where the errors on all the quantities indicated by the meter during the tests are all errors in excess or all errors in deficiency then, notwithstanding that they are all within the prescribed limits of error, not all the errors shall exceed one-half of the prescribed limits of error;
b
where it has not been tested, it forms part of a group of meters treated under regulation 7(4) above as having satisfied the test.
2
Nothing in section 11(2) of the Act shall prohibit a meter, which has been passed as fit for use for trade and which bears the manufacturer’s mark undefaced otherwise than by reason of fair wear and tear, from being used for trade, notwithstanding that it does not bear the stamp.
Stamping
9
1
The stamp shall be placed on every plug, seal or sealing device authorised in accordance with regulation 5.
2
On first passing as fit for use for trade, no meter shall be stamped with the stamp if it bears a manufacturer’s mark or any other mark which, in the opinion of the inspector, might reasonably be mistaken for the stamp or manufacturer’s mark.
3
On subsequent passing as fit for use for trade, no meter shall be stamped with the stamp if it bears any mark (other than the manufacturer’s mark) which, in the opinion of the inspector, might reasonably be mistaken for the stamp or manufacturer’s mark.
Prescribed limits of error
10
The prescribed limits of error relating to cold-water meters shall be those set out in the Schedule to these Regulations.
Obliteration of stamps and manufacturer’s marks
11
1
The stamp or manufacturer’s mark shall be obliterated by an inspector, in accordance with the requirements of this regulation, by means of punches or pincers of suitable sizes of a six-pointed star design as shown in the following illustration:
2
Where any cold-water meter —
a
fails upon testing to fall within the prescribed limits of error (other than for loss of pressure); or
b
fails to comply with any other appropriate requirement of these Regulations,
the inspector shall give to the proprietor or person in charge of the meter a notice calling on him to have the equipment corrected within a stated period not exceeding 28 days, and shall obliterate the stamp or manufacturer’s mark if the correction has not been made within the stated period.
3
An inspector shall obliterate the stamp or manufacturer’s mark on any meter which has, since it was last stamped or marked, had any adjustment, alteration, addition, repair or replacement made to it such that it could not be passed as fit for use for trade under regulation 8 above.
4
Where any meter has, since it was last stamped or marked, been the subject of any adjustment, alteration, addition, repair or replacement which could, in the opinion of the inspector, have affected its accuracy or function, he may obliterate the stamp or manufacturer’s mark on that meter.
5
In any case where an inspector obliterates the stamp or manufacturer’s mark on a meter in accordance with the foregoing provisions of this regulation, he shall, within two working days of such obliteration, inform the proprietor or person in charge of the meter that the stamp or mark has been obliterated.
6
In paragraph (5) above, the reference to two working days is a reference to a period of forty-eight hours calculated after disregarding any time falling on a Saturday or Sunday or on Christmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
John Butcher
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th June 1988


text:
1
This Order may be cited as the A106 Trunk Road (Church Lane, Waltham Forest) (Restriction of Use of Gap in Central Reservation) Order 1988 and shall come into force on 3rd October 1988.
2
In this Order —
“Church Lane”means that length of the Hackney — M11 Link Road Trunk Road in the London Borough of Waltham Forest known as Church Lane; and
“central reservation”means that part of Church Lane which separates the two carriageways of Church Lane for the safety or guidance of vehicles using that road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle proceeding in Church Lane to enter or proceed through the gap in the central reservation which lies opposite Dyers Hall Road.
4
Nothing in article 3 above shall apply:
a
if the vehicle is being used for fire brigade, police or ambulance purposes; and
b
to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
29th September 1988


text:
Citation and commencement
1
1
This Order may be cited as the Shoreham Port Authority Harbour Revision Order 1988 and shall come into force on 18th November 1988.
2
The Shoreham Port Authority Acts and Orders 1926 to 1985 and this Order may be cited together as the Shoreham Port Authority Acts and Orders 1926 to 1988.
Interpretation
2
In this Order unless the context otherwise requires: —
“the Authority” means the Shoreham Port Authority;
“harbour operations” has the meaning assigned to it by section 57 of the Harbours Act 1964;
“the port” means the port of Shoreham the area of which is described in section 38 (Limits of Harbour) of the Shoreham Harbour Act 1926 ;
“port facilities” means services and facilities for or in connection with the berthing, moving or dry-docking of vessels, the loading or unloading of goods, the lighterage, sorting, weighing, warehousing or handling of goods, and the movement of goods, but does not include services or facilities for or in connection with the embarking or disembarking of passengers in or from vessels;
“the port undertaking” means the undertaking for the time being of the Authority.
General powers
3
1
The Authority may —
a
provide, maintain, operate and improve such port facilities in, or in the vicinity of, the port as they consider necessary or desirable and take such action as they consider incidental to the provision of such facilities;
b
take such action as they consider necessary or desirable for or incidental to the maintenance, operation, improvement and conservancy of the port.
2
The Authority shall have power either themselves or by arrangement between themselves and another person to take such action as the Authority consider necessary or desirable whether or not in, or in the vicinity of, the port —
a
for the purpose of discharging or facilitating the discharge of any of their duties, including the proper development or operation of the port undertaking;
b
for the provision, maintenance and operation, of —
i
warehousing services and facilities;
ii
services and facilities for the consignment of goods on routes which include the port;
c
for the purpose of turning their resources to account so far as not required for the purposes of the port undertaking.
3
Particular powers conferred or particular duties laid upon the Authority by this Order shall not be construed as derogating from each other or from the generality of paragraphs (1) and (2) above.
4
The power under this article to provide facilities includes power to equip them, and any buildings provided in that connection with such furniture, apparatus and instruments as may be required to enable them to be used for the purpose for which they are provided.
5
Paragraph (1)(b) above does not include power to carry out any works of dredging, but nothing in this Order affects the Authority’s powers to dredge under the Shoreham Port Authority Acts and Orders 1926 to 1985.
Power to acquire and dispose of businesses or shares
4
1
The Authority may —
a
acquire by agreement —
i
any business or undertaking which consists wholly or mainly of the carrying out of harbour operations or so much of any business or undertaking as consists of the carrying out of such operations; or
ii
any business or undertaking which is wholly or mainly engaged in or which it is proposed should become wholly or mainly engaged in providing services or facilities which the Authority themselves are authorised to provide;
b
subscribe for or acquire any shares, stock, debentures, debenture stock or any other security of a like nature of a body corporate which is wholly or mainly engaged, or which it is proposed should become wholly or mainly engaged in the provision, maintenance or operation of a harbour or in providing services or facilities which the Authority themselves are authorised to provide;
c
form and promote, or join with any other person in forming and promoting, a company for carrying on any function of the Authority;
d
dispose of or discontinue the whole or any part of their undertaking acquired under this article and held for the purposes of the port but subject to all liabilities and obligations in respect thereof to which the Authority are subject; and
e
dispose of any shares or other securities subscribed for or acquired under this article.
2
Nothing in this article shall authorise a company formed under subparagraph (c) of paragraph (1) above to exercise any of the powers of the Authority under —
a
the Harbours Docks and Piers Clauses Act 1847 ;
b
the Harbours Act 1964; and
c
section 72 (Additional byelaws) of the Shoreham Harbour Act 1926.
Further powers with respect to land
5
1
The Authority may —
a
retain any land acquired by them for such time as they think fit;
b
sell, lease, exchange, whether with or without paying or receiving any money for equality of exchange, or otherwise dispose of, any land acquired by them which is no longer required for the purposes of their functions in such manner and for such consideration and on such terms and conditions as they think fit: and
c
sell, exchange or dispose of any rents reserved on the sale, lease, exchange or other disposition of any such land or interest.
2
Nothing in paragraph (1)(b) above shall affect any restrictions, liabilities or obligations to which the Authority are subject under the Shoreham Port Authority Acts and Orders 1926 to 1988 nor confer on the Authority power to dispose of land which is subject to such restrictions, liabilities or obligations otherwise than subject to such restrictions, liabilities or obligations.
3
The Authority may for the purposes of the port undertaking manage, use or develop land belonging to them as they think fit.
4
Any capital money received by the Authority in respect of any transaction under this article shall be applied in or towards the repayment of monies borrowed by the Authority or for other purposes of the Authority for which capital money may properly be applied.
5
For the purposes of the acquisition by the Authority of land by agreement, the provisions of Part I (other than sections 4 to 8 and sections 27 and 31) and of section 38(3) of the Compulsory Purchase Act 1965 shall apply to the exclusion of the Lands Clauses Acts, as if this Order were mentioned in Schedule 6 to the said Act of 1965.
6
a
If the Authority aquire land outside the port with the benefit of an express planning permission such land shall for the purposes of article 3 of the Town and Country Planning General Development Order 1977 be deemed not to be operational land of the port undertaking and development of that land shall require express planning permission and shall not be permitted development under that article.
b
Nothing in this article or in article 3 (General powers) of this Order shall be deemed to designate specifically for the purpose of the said Order of 1977 both the nature of any development and the land upon which it may be carried out.
Crown rights
6
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing herein contained shall authorise the Authority to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of such Commissioners on behalf of Her Majesty first had and obtained for that purpose.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Repeal
7
The enactments specified in the Schedule to this Order are hereby repealed.


text:
1
For the purpose of connecting the trunk road with another highway, so as to effect a junction at the place stated in the Schedule to this Order, the Secretary of State is authorised to construct along the routes described in that Schedule new highways. Those new highways shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new highways are indicated by heavy black lines on the deposited plan.
3
In this Order
i
“the deposited plan” means the plan folio numbered HA10/2E/265 marked “The A604 Catthorpe — Harwich Trunk Road (Kettering to Thrapston Section and Slip Roads) Supplementary Order 1988”, containing one map, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road” means the trunk road to be provided in pursuance of article 1(a) of the A604 Catthorpe — Harwich Trunk Road (Kettering to Thrapston Section and Slip Roads) Order 1987
iii
“the new highways” means the highways mentioned in article 1 of this Order, and “a new highway” means one of those highways.
4
This Order shall come into force on 22nd April 1988 and may be cited as the A604 Catthorpe — Harwich Trunk Road (Kettering to Thrapston Section and Slip Roads) Supplementary Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
7th March 1988


text:
1
These Regulations may be cited as the Customs and Excise (Deferred Payment) (RAF Airfields and Offshore Installations) Regulations 1988 and shall come into force on 21st November 1988.
2
In these Regulations “the Act” shall mean the Customs and Excise Management Act 1979.
3
Subject to the following conditions, a passenger of an aircraft entering the United Kingdom from an offshore gas or oil installation or arriving at a Royal Air Force airfield shall be granted deferment of any customs or excise duties payable immediately, apart from these Regulations, on goods contained in his baggage or carried with him —
a
directions made by the Commissioners under section 78 of the Act as to the form and manner of his declaration of the goods shall be complied with;
b
he shall pay to the Commissioners any duty so deferred by the 15th day of the month following his arrival from the installation or at the airfield but, where an earlier time is specified in a notice of demand served on him by the Commissioners, he shall pay such duty by such earlier time; and
c
the owner or operator of the gas or oil installation shall provide the Commissioners with such security as the Commissioners consider adequate for the purposes of these Regulations.
4
In order, solely, to enable the passenger to remove the goods without payment of duty, for the purposes of section 43(1) of the Act duty deferred in accordance with these Regulations shall be treated as paid at the time the goods are landed.
5
These Regulations shall not apply to a person approved for duty deferment purposes under any Regulations made by the Commissioners under sections 45(1) or 127A(2) of the Act other than these Regulations.
Philip Nash
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
24th October 1988


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1988 and shall come into force on 1st April 1988.
2
The Insurance (Fees) Regulations 1987 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“gross premiums receivable” means —
where an insurance company carries on either long term business or general business but not both, the gross amount of premiums receivable in respect of its global business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amount is not required to be included, the amount which would otherwise have been required to be so included;
where an insurance company carries on both long term business and general business, the sum of the gross amounts of premiums receivable in respect of its global long term business and global general business respectively required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
“group” means a body corporate together with —
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“wholly-owned subsidiary” has the meaning given to it by section 736(5) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom.
4
Subject to Regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate: —
Gross premiums receivable Fee
Over £50,000 up to and including £250,000 £250 Over £250,000 up to and including £500,000 £500 Over £500,000 up to and including £750,000 £750 Over £750,000 up to and including £1,000,000 £1,000 Over £1,000,000 up to and including £1,500,000 £3,000 Over £1,500,000 £6,000
5
These Regulations do not apply in the case of an insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £50,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under Regulations 4 and 5 above by all the insurance companies within a group exceeds £42,000 the fee in respect of each of those insurance companies shall be abated proportionaly so that the sum of the fees payable by those insurance companies is £42,000.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act, if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under Regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act —
a
the insurance company is subject to the process of winding-up and cannot lawfully effect any contracts of insurance;
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 , or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of these cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Secretary of State a fee of £30,000.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s are anything done for or for the purpose of or in connection with —
a
sections 11 to 13, Part II, sections 75 and 78 and Part IV of the Act, including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
proposals for United Kingdom and European Communities legislation.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
1st March 1988


text:
Citation and commencement
1
These Regulations may be cited as the State Scheme Premiums (Actuarial Tables) Amendment Regulations 1988 and shall come into force on 6th April 1989.
Amendment of the State Scheme Premiums (Actuarial Tables) Regulations 1987
2
1
The State Scheme Premiums (Actuarial Tables) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (3) of regulation 6 there shall be inserted the following paragraph —
4
In a case where the person in question is a man who is entitled to receive a guaranteed minimum pension in respect of his late wife’s service in contracted-out employment and to which regulation 33D of the Occupational Pension Schemes (Contracting-out) Regulations 1984 applies, the Secretary of State shall apply the actuarial tables in Schedule 5.
.
3
In regulation 7 the word “and” at the end of paragraph (b) shall be omitted and at the end of paragraph (c) for the full-stop there shall be substituted “; and”.
4
After paragraph (c) of regulation 7 there shall be inserted the following paragraph —
d
in a case where the person in respect of whom the premium falls to be paid is a man who is entitled to receive a pension giving effect to his late wife’s protected rights (not being a case to which either regulation 18(2A) of the Occupational Pension Schemes (Contracting-out) Regulations 1984 or regulation 3 of the Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations 1987 applies), the actuarial tables in Schedule 5.
.
5
In Schedule 5 for the second table there shall be substituted the table set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
29th March 1988


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Miscellaneous Provision) Order 1988, and shall come into force on 7th December 1988.
Medicated animal feeding stuffs
2
In section 108(8) (enforcement) of the Medicines Act 1968 after “The council of every county” there shall be inserted “and of every metropolitan district”.
Alterations to buildings required by fire authority
3
In section 17(1)(i) (consultation with local authority before fire authority require alteration to buildings) of the Fire Precautions Act 1971 the words “(elsewhere than in Greater London) or in an outer London borough” shall be repealed.
Fire services functions in inner London
4
1
In section 4 of the London County Council (General Powers) Act 1912 (registration of petroleum oil depots) for the definition of “controlling authority” there shall be substituted ““controlling authority” means the London Fire and Civil Defence Authority”.
5
1
In section 80 of the Essex County Council Act 1952 the words “the London Fire and Civil Defence Authority” and “that Authority” shall be substituted for the first and second references, respectively, to the Greater London Council.
2
In section 3(3)(b) of the London Hydraulic Power Act 1977 the words “the London Fire and Civil Defence Authority” shall be substituted for the words “the Greater London Council”.
Rush Common, Brixton
6
The functions of the Greater London Council under Part III (Rush Common) of the London County Council (General Powers) Act 1947 shall be exercisable by the council of the London borough of Lambeth, and accordingly references to the Greater London Council in sections 9 to 12 of that Act shall, where appropriate, be construed as references to that borough council.
Merseyside: wrecked vessels
7
In section 124(5)(b) (blowing up wrecks) of the County of Merseyside Act 1980 for “the consent of the County Council” there shall be substituted “the consent of the Merseyside Passenger Transport Authority”.
Continuity of exercise of functions
8
Anything done by or in relation to, or having effect as if done by or in relation to, the Greater London Council or a metropolitan county council in the exercise of or in connection with a function which by virtue of this Order becomes the function of another person or body shall have effect as if done by or in relation to that person or body.
Nicholas Ridley
Secretary of State for the Environment
8th November 1988


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1988 and shall come into force on 11th April 1988.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” has the meaning given by section 17(1) of the 1971 Act as amended by section 1(3) of the 1974 Act;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , and the Pensions Increase (Review) Order 1987 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act as amended by section 3(2) and (3) of the 1974 Act;
“widow’s pension” means a pension payable in respect of the services of the pensioner’s deceased husband.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act, and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a widow’s pension, be increased by the pension authority in respect of any period beginning on or after 11th April 1988 as follows —
1
a pension beginning before 27th April 1987 may be increased by 4.2 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 27th April 1987 and before 11th April 1988 may be increased by 4.2 per cent multiplied by whereB
a
A is the number of complete months in the period between the beginning date of the pension and 11th April 1988, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 11th April 1988 but after 5th April 1987 there may be paid an increase of 4.2 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by whereB
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 6th April 1987 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 11th April 1988, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.
Tony Durant
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
10th February 1988


text:
Citation and commencement
1
This Scheme may be cited as the Agriculture Improvement (Variation) Scheme 1988 and shall come into force on 5th August 1988.
Saving
2
Paragraph 4 of this Scheme shall not apply in relation to any claim for grant towards expenditure incurred for the purposes of the Agriculture Improvement Scheme 1985 (“the principal Scheme”) before 5th August 1988, and this Scheme shall not affect the operation of the principal Scheme in relation to any such claim for grant.
Variation of principal Scheme
3
The principal Scheme shall be varied in accordance with paragraphs 4 and 5 of this Scheme.
4
In paragraph 4 thereof (restrictions on payment of grant) there shall be substituted for paragraph (1)( b )(i) the following subparagraph —
i
that expenditure is not in respect of any work, facility or transaction which is of a kind specified in paragraph 2( b ) in column 1 of Schedule 1 or, if the expenditure is in respect of any such work, facility or transaction, the expenditure has been incurred before 1st January 1991 and that Minister is satisfied that the effect of the expenditure will not be to provide for an increase of more than 300 pig places on the land occupied for the purposes of the agricultural business in relation to which the expenditure has been incurred, and that after completion of the work, facility or transaction, the number of pig places on that land will not exceed 800, and
5
In paragraph 7( b ) thereof (closing dates for claims) there shall be substituted for the words “on or before 30th November 1988” the words “on or before 30th November 1989”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th June 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
14th June 1988
Peter Walker
Secretary of State for Wales
16th June 1988
We approve,
David Lightbown
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 1988


text:
1
This Order may be cited as the Value Added Tax (Training) Order 1988 and shall come into force on 22nd August 1988.
2
Group 6 of Schedule 6 to the Value Added Tax Act 1983 shall be varied by adding the following item:
7
The supply to a person receiving training or retraining pursuant to any arrangements made by, or under the authority or direction of, the Secretary of State under section 2 of the Employment and Training Act 1973 or pursuant to any arrangements made by the Department of Economic Development under section 3 of the Employment and Training Act (Northern Ireland) 1950 of —
a
training or retraining for any trade, profession or employment, or
b
any goods or services essential to such training or retraining,
in respect of which payment is made by, or under the authority or direction of, the Secretary of State or by the Department of Economic Development, as the case may be.
.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
1
These Regulations may be cited as the Education (Schools and Further Education) (Amendment) Regulations 1988 and shall come into force on 1st January 1989.
2
The Education (Schools and Further Education) Regulations 1981 are hereby amended as follows —
a
in regulation 10(3) the words “paragraphs (5), (6) and (6A)” shall be substituted for the words “paragraphs (5) and (6)”; and
b
after regulation 10(6) there shall be inserted the following paragraph —
6A
Where, in the academic years 1988/89 and 1989/90 but before 1st January 1990, a session is devoted wholly or mainly to the provision to teachers employed at that school of training related to the introduction of the National Curriculum, that session shall be regarded for the purposes of this Regulation as a session on which the school has met and —
a
where only one session in a day is so devoted, paragraph (3) shall have effect as if the periods of three hours and of four hours there mentioned were, respectively, periods of one and a half hours and of two hours; and
b
where both sessions in a day are so devoted, paragraph (3) shall not apply in relation to that day:
Provided that this paragraph shall not have effect in relation to more than four sessions.
.
Kenneth Baker
Secretary of State for Education and Science
5th December 1988
Peter Walker
Secretary of State for Wales
9th December 1988


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Stewartry) Designation Order 1988 and shall come into force on 14th April 1988.
Interpretation
2
1
In this Order —
“adjusted hectares” means the total number of hectares of enclosed land plus one sixth of the total number of hectares of other agricultural land included in any farm business;
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“conservation plan” means a layout plan of the farm and an attached statement identifying relevant land and conservation features and setting out, as appropriate, details of how the requirements in the agreement will be implemented on the farm;
“cow” means a female bovine animal which has calved at least twice;
“enclosed land” means agricultural land enclosed by fences, hedges, walls or dykes for the controlled grazing of livestock, cropping or the maintenance of farm woodland;
“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;
“farm woodland” means woodland on agricultural land the use of which is ancillary to the farm business;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State;
“livestock unit” means —
1 cow, or
1.25 bovine animals (other than cows) over two years old, or
1.6 bovine animals (other than cows) from one year old to two years old inclusive, or
2.5 bovine animals less than one year old, or
6.66 sheep;
“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946( );
“open rough grazings” means heathland or moorland, which is not enclosed land, used for grazing purposes;
“unimproved pasture” means land used for grazing which has not been tilled for cropping or reseeded and which has not previously been treated with a significant amount of artificial or mineral fertiliser or lime;
“wetland” means any ground which is normally saturated with water.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area that area of land within the Stewarty District of Dumfries and Galloway Region which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area-Stewartry” dated 2nd March 1988 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be either at the rate of £15 per annum per hectare of enclosed land, with an additional payment of £2.50 per annum for each hectare of other land to which the agreement relates, or at the rate of £1,500 per annum per individual farm business, whichever is the lower.
2
Payments in respect of farm businesses comprising no more than 16 adjusted hectares of land to which an agreement relates shall be at the rate of £240 per annum per farm business.
7
Where an agreement identifies expenditure required to undertake additional farming operations specified in paragraph 18(b) of the Schedule to this Order, the Secretary of State shall make additional payments according to the farming operations to be carried out. Such payments shall be either at a rate to be determined by the Secretary of State, up to a maximum of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £3,000 per annum per individual farm business, whichever is the lower.
Sanderson of Bowden
Minister of State, Scottish Office
New St Andrew’s House,
Edinburgh
2nd March 1988
We consent,
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1988