text:
Citation
1
1
This Order may be cited as the Portsmouth Mile End Quay Harbour Revision Order 1988.
2
The Portsmouth Mile End Quay Revision Orders 1966 to 1981 and this Order may be cited as the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1988.
Interpretation
2
1
In this Order the following expressions have the meanings hereby assigned to them respectively: —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means the works authorised by this Order or any part of those works;
“ the Company ” means P.D. Fuels Limited;
“ the Council ” means the Portsmouth City Council;
“the deposited plan” means the plan prepared in duplicate signed by an Assistant Secretary in the Department of Transport and marked “Plan and Sections referred to in the Portsmouth Mile End Quay Harbour Revision Order 1988”, of which one is deposited at the offices of the Department of Transport and one at the offices of the City Secretary and Solicitor of the Council;
“hovercraft” has the same meaning as in the Hovercraft Act 1968 ;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“the Mile End Quay undertaking” means the undertaking of the Council authorised by the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1988;
“the Order of 1966 ” means the Portsmouth Mile End Quay Revision Order 1966 ;
“the Order of 1973 ” means the Portsmouth Mile End Quay Revision Order 1973 ;
“the Order of 1981 ” means the Portsmouth Mile End Quay Revision Order 1981 ;
“vessel” includes every description of vessel used in navigation however propelled, any hovercraft and hydro-foil vessel and any aircraft designed to manoeuvre on the water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
The Act of 1847 (except sections 6 to 13, 16 to 20, 25 to 27, 31, 48, 49, 50, 67, 79 to 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order.
Provided that —
a
section 15 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section, there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 of the Act of 1847 shall have effect as if, after the word “may”, there were inserted the words “(producing if so required a duly authenticated document showing his authority)”;
c
section 63 of the Act of 1847 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”;
2
In the construction of the Act of 1847 as so incorporated the expression “the special Act” shall mean this Order and the expression “vessel” shall have the meaning assigned to it by article 2(1) of this Order.
3
For the purposes of section 83 of the Act of 1847 as so incorporated sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the Secretary of State.
Application of provisions of Orders of 1966 and 1973
4
1
The following provisions in the Orders of 1966 and 1973 shall apply to this Order, and in respect of the authorised works, as they apply to, and in respect of the works authorised by, those orders respectively; —
In the Order of 1966 —
Article 22 (Directions of harbour master);
Article 23 (Recovery of rates in respect of vessels);
Article 26 (Harbour master may prevent sailing of vessels);
In the Order of 1973 —
Article 8 (Power to dredge, etc. );
Article 10 (Fine for obstructing works);
Article 11 (Tidal works not to be executed without approval of Secretary of State);
Article 12 (Provision against danger to navigation);
Article 13 (Abatement of works abandoned or decayed);
Article 14 (Survey of tidal works);
Article 15 (Permanent lights on tidal works);
Article 16 (Lights on tidal works during construction);
Article 23 (Crown rights);
Article 24 (Saving rights of Queen’s Harbour Master);
Article 25 (Inquiries by Secretary of State).
2
In the construction of the provisions specified in subsection (1) above as so applied to this Order expressions to which meanings are assigned in the Order of 1966 or, as the case may be, the Order of 1973 shall have the meanings so assigned, except that —
a
any reference in those provisions to works or, as the case may be, authorised works shall be taken as a reference to the works authorised by this Order;
b
any reference in those provisions to the Mile End Quay undertaking shall be taken as a reference to that undertaking as defined in this Order; and
c
in article 22 of the Order of 1966, for the reference to article 17 of that Order there shall be substituted reference to article 10 of this Order.
Power to construct works
5
1
Subject to the provisions of this Order, the Council may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain, within the limits of deviation shown therefor upon the deposited plan the following works in the City of Portsmouth: —
Work No. 1 — A wharf and quay and an embankment and reclamation north and west of the existing Mile End Quay within an area of land enclosed by an imaginary line commencing at the northern end of the western face of the existing Rudmore Quay of the Company, passing in a westerly direction for a distance of 151 metres, thence turning to and passing in a south-westerly direction for a distance of 203 metres, thence in a south-easterly direction for a distance of 22 metres to a point on the north-west embankment of the existing Mile End Quay, thence passing generally along the northern face of the Mile End Quay to Mill Wharf and thence along the seaward face of Mill Wharf and Rudmore Quay to the point of commencement;
Work No. 2 — Two breasting dolphins situated with their north-west faces on a line extending north-eastward from the northern end of the quay (Work No. 1), comprising —
Work No. 2A — One such dolphin centred at a point 20 metres from the said northern end of that quay; and
Work No. 2B — One such dolphin centred at a point 47 metres from the said northern end of that quay.
2
The Council may within the limits of deviation therefor extend, enlarge, alter, replace or relay the authorised works.
Power to deviate
6
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation.
Further powers as to works
7
Subject to the provisions of this Order, the Council may, by means of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Mile End Quay undertaking, so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for, or in connection with, the authorised works.
Subsidiary works
8
Subject to the provisions of this Order, the Council may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit:
Provided that electrical works or equipment constructed, erected, laid down or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Rudmore and Mill Wharves
9
The provisions of this article shall have effect except as may be otherwise agreed in writing between the Council and the Company — (1) Subject as provided in paragraph (2) below, before carrying out works which will or may obstruct the existing access for vessels to, or the use of, the Mill Wharf and Rudmore Quays of the Company, so long as that access or use is continued by the Company, the Council shall construct so much of the authorised works as will provide for the relocation of the berthing facilities available to the Company at those quays and for the discharge of oil to the Company’s existing tanks off Rudmore Road. (2) When the works to be constructed in accordance with paragraph (1) above have been completed, the Council shall, after giving due notice to the Company, proceed with completion of those works with all reasonable despatch, notwithstanding the obstruction thereby caused to the use of the Company’s quays, in accordance with such arrangements for the avoidance or mitigation of interference with the Company’s operations as may be agreed between the Council and the Company or in default of agreement, determined by arbitration. (3) On completion of so much of the authorised works as is referred to in paragraphs (1) and (2) above, the Council shall grant to the Company by lease under article 11 of this Order, such facilities as it may reasonably require for the berthing of vessels and the passage of persons and things between those vessels and the Company’s existing depot between Rudmore Road and Rudmore Square, and the Council may then proceed with the completion of the authorised works. (4) Any difference arising between the Council and the Company under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party after notice in writing to the other, by the President of the Institution of Civil Engineers.
Limits of harbour master’s jurisdiction
10
1
Subject to the provisions of paragraph (2) of this article, the limits within which the powers of the harbour master of the Council may be exercised under and subject to the provisions of the Act of 1847, as incorporated with this Order, shall extend —
a
to a distance of 100 metres in every direction from the works from time to time comprising the Mile End Quay undertaking; and
b
to so much of the dredged channels provided for access to those works and for accommodation of vessels at those works under article 8 (Power to dredge, etc.) of the Order of 1973 (as having effect in accordance with this Order) as extend beyond 100 metres from those works.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from Mile End Quay.
3
In case of conflict between any directions given by the harbour master of the Council and any directions given by the person for the time being appointed to be the Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 , the directions given by the Queen’s Harbour Master shall prevail.
Power to lease
11
The Council may lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, equipment or other property forming part of their Mile End Quay undertaking for harbour purposes for such period or periods and on such terms and conditions as shall be agreed between the Council and the person taking the same.
Parking places
12
The Council may provide facilities within Mile End Quay for the parking of vehicles and trailers and for that purpose may erect barricades or fencing with relative offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Removal of vehicles, etc.
13
1
If a vehicle or trailer is left without the permission of the Council —
a
in any place where it is likely to obstruct or interfere with the use of Mile End Quay; or
b
in any part of Mile End Quay where the parking of vehicles or trailers is prohibited by notice erected by the Council;
the Council may remove the vehicle or trailer, or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
3
Where the Council in exercise of the powers of this article remove a vehicle or trailer or cause it to be removed, the expense of and incidental to the removal shall be recoverable by the Council from any person responsible as a debt in any court of competent jurisdiction.
4
For the purposes of paragraph (3) above “person responsible” shall have the same meaning as in section 102(8) of the Road Traffic Regulation Act 1984 .
5
If the Council in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and so soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
6
A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of Mile End Quay.
Revocation
14
The following provisions are hereby revoked: —
In the Order of 1966 —
Article 17 (Limits of harbour master’s jurisdiction);
In the Order of 1973 —
In paragraph (1) of article 8 (Power to dredge, etc.), the words from “or for the purpose” to the end of the paragraph;
Article 17 (Power to lease undertaking);
Article 18 (Limits of harbour master’s jurisdiction);
In the Order of 1981 —
Article 10 (Limits of harbour master’s jurisdiction).
Further extension of section 86 of Portsmouth Corporation Act 1959
15
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 , as having effect in accordance with article 21 of the Order of 1966 and article 21 of the Order of 1973, shall have effect as if the references to any approach to the Flathouse Wharf and Quay in subsections (1) and (7) of that section included a reference to any approach to the authorised works.
Costs of order
16
All costs, charges and expenses preliminary to, and of and incidental to, the preparation of, the application for, and the obtaining of this Order or otherwise in relation thereto (other than those which any person is lawfully ordered to pay by the Secretary of State for Transport or a Joint Committee of both Houses of Parliament, or any costs, charges and expenses incurred in opposing the Order) shall be paid by the Council.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
29th July 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) Order 1988 and shall come into force on 6th May 1988.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 7.75 per cent. per annum.
Mark Lennox Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
21st April 1988


text:
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 and shall come into force on 1st September 1988.
2
1
In this Order “ the Act ” means the Local Government Act 1988.
2
This Order applies to an activity if carried out by a defined authority mentioned in section 1(1) of the Act which has functions in England or if carried out in England by a joint committee which falls to be treated as a defined authority by section 1(4) and of which at least one of the members is such an authority.
3
1
None of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity so long as the condition mentioned in paragraph (2) is fulfilled.
2
The condition mentioned in paragraph (1) is that the amount estimated by the authority as the gross cost of carrying out the activity in question through their direct labour organisation or a similar organisation in the immediately preceding financial year does not exceed £100,000.
3
For the purposes of this article, the cost of carrying out any activity shall —
a
include such proportion of the authority’s administrative expenses, other than expenses that would be incurred by the authority whether the activity were carried out by it or by another person, as is properly attributable to the carrying out of the activity;
b
exclude the cost of any work which is treated as carried out by the authority by virtue of section 3(4) of the Act; and
c
exclude the cost of any work which, by virtue of article 4, 5 or 6, does not fall within a defined activity.
4
None of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity so long as it constitutes work carried out through an employee who is required as a condition of his employment to live in particular accommodation for the better performance of his duties and the work forms part of his duties.
5
The repair or maintenance of a motor vehicle or trailer shall not be treated as a defined activity where the motor vehicle or trailer is one which is used only for the discharge of a fire service function of a defined authority .
6
None of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity so long as it constitutes work carried out pursuant to an agreement made with the Training Commission or the Secretary of State which is an agreement made by virtue of any provision of the Employment and Training Act 1973 , which specifies the work to be carried out by the authority and under which the Commission or the Secretary of State has agreed to pay the whole or part of the cost of the work so specified. Nicholas Ridley Secretary of State for the Environment 29th July 1988


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal Pension Schemes (Miscellaneous Amendments) Regulations 1988.
2
These Regulations shall come into force as follows —
a
this regulation and regulation 3, on 27th May 1988; and
b
regulation 2 on 1st July 1988.
Amendment of the Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987
2
After paragraph (6) of regulation 2 of the Pension Schemes (Voluntary Contri- butions Requirements and Voluntary and Compulsory Membership) Regulations 1987 (exceptions to section 12 of the Social Security Act 1986 — voluntary contribution requirements) there shall be inserted the following paragraph —
6A
Section 12(1)(a) and (b) shall not apply to the rules of any scheme which provides that the only contributions payable in respect of a member shall be the minimum contributions payable by the Secretary of State in respect of that member under section 1 of the Act if —
a
the scheme is an appropriate scheme under section 1(8) of the Act; and
b
the member to whom the limitation applies is concurrently a member of an occupational pension scheme; and
c
the scheme is currently the member’s chosen scheme under section 1(9) of the Act; and
d
the member has entered into a written agreement with the trustees or managers of the scheme that this regulation shall apply in his case.
.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988
3
The Personal Pension Schemes (Appropriate Schemes) Regulations 1988 shall be amended as follows —
a
at the beginning of paragraph (1) of regulation 2 (forms of scheme which may be appropriate schemes) there shall be inserted the words“Subject to paragraph (1A) but”;
b
in sub-paragraph (c) of that paragraph for the words following“interest-bearing account” to the end there shall be substituted the words“(which expression includes shares in or deposits with a building society as defined in the Building Societies Act 1986)” ;
c
after that paragraph there shall be inserted the following paragraph —
1A
The requirements of paragraph (1)(c) are satisfied if the rules of the personal pension scheme provide that, at the minimum, there shall be invested in the interest-bearing account any payments or rights which, under paragraph 7(2) of Schedule 1 to the Act or regulation 3 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987 , are those from which are derived protected rights.
;
d
after sub-paragraph (c) of regulation 3(3) (persons who and bodies which may establish schemes) there shall be added the following sub-paragraph —
d
subject to paragraph (4), a body corporate which is a subsidiary or holding company of an institution such as is mentioned in sub-paragraph (c) or a subsidiary of the holding company of such an institution (“holding company” and“subsidiary” being construed in accordance with section 736 of the Companies Act 1985 or Article 4 of the Companies (Northern Ireland) Order 1986 ).
;
e
after paragraph (3) there shall be inserted the following paragraph —
4
Paragraph (3)(d) applies subject to the conditions that the rules of any appropriate scheme established by such a body require that the resources of the scheme be invested with an institution such as is mentioned in paragraph (3)(c), and further provide that the rights arising from such investment, in so far as they are attributable to the contributions made by or on behalf of a member, shall be held by that body on trust for that member.
.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
28th April 1988


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Acts 1978 and 1987 (Continuance) Order 1988 and shall come into force on 22nd March 1988.
2
In this Order —
a
“the temporary provisions of the 1978 Act ” means all the provisions of the Northern Ireland (Emergency Provisions) Act 1978, except sections 5 and 28 to 36, Part III of Schedule 4, Schedules 5 and 6 and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7; and
b
“the temporary provisions of the 1987 Act ” means Parts II and III of the Northern Ireland (Emergency Provisions) Act 1987.
3
The temporary provisions of the 1978 Act, except section 12 and Schedule 1, and the temporary provisions of the 1987 Act, shall continue in force for a period of twelve months beginning with 22nd March 1988.
Tom King
One of Her Majesty’s Principal Secretaries of State Northern Ireland Office
4th March 1988


text:
1
These Regulations may be cited as the Northern Ireland (Share of United Kingdom Taxes) (Amendment) Regulations 1988, and shall come into force on 10th November 1988.
2
The Northern Ireland (Share of United Kingdom Taxes) Regulations 1975 shall be amended as follows —
a
in regulation 3(2) for the words “as determined by the last census taken before the end of that year under the Census Act 1920 or any corresponding enactment in force in Northern Ireland” there shall be substituted the words “determined in accordance with the most recent estimates published by the Registrar General in Northern Ireland, the Registrar General for England and Wales and the Registrar General of Births, Deaths and Marriages for Scotland”;
b
in regulation 4(1) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (2) and (3)”;
c
in regulation 4(2) for the words “stamp duties, estate duty, capital transfer tax and development land tax” there shall be substituted the words “stamp duties, stamp duty reserve tax, capital transfer tax, inheritance tax and development land tax”; and
d
after regulation 4(2) there shall be added —
3
The share of the proceeds for any financial year of petroleum revenue tax (as reduced by repayments of advance petroleum revenue tax) which is properly attributable to Northern Ireland shall be taken to be the amount which bears to the whole of such proceeds the same proportion as the population of Northern Ireland bears to the total population of the United Kingdom, determined in accordance with the most recent estimates published by the Registrar General in Northern Ireland, the Registrar General for England and Wales and the Registrar General of Births, Deaths and Marriages for Scotland.
.
Alan Howarth
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
12th September 1988


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Seed Potatoes (Amendment) Regulations 1988 and shall come into force on 15th November 1988.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in the Seed Potatoes Regulations 1984 .
Amendment of the Seed Potatoes Regulations 1984
2
The Seed Potatoes Regulations 1984 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 16
3
In regulation 16(1)(a)(ii) (Tolerances for size and varietal purity) for the figure “3%” there shall be substituted the figure “2%”.
Amendment of regulation 18
4
For regulation 18(6)(a) (Prevention of marketing of sub-standard potatoes and the prevention of spread of disease by marketing of potatoes) there shall be substituted the following: —
a
in relation to the pests and diseases specified in Group III of Part I and Group V of Part II of Schedule 5 deem a potato in any such sample not to be affected by disease when in his opinion —
i
less than one-eighth of its surface area has been affected, and
ii
it has at least 2 eyes at the rose end wholly unaffected by the disease;
aa
in relation to the pests and diseases specified in Group IV of Parts I and II of Schedule 5 deem a potato in any such sample not to be affected by disease when in his opinion —
i
less than one-quarter of its surface area has been affected, and
ii
it has at least 2 eyes at the rose end wholly unaffected by the disease;
.
Amendment of Schedule 3
5
In Schedule 3, paragraph 2 (Classification of basic seed potatoes) —
a
in the entry relating to Class VTSC I and Super Elite 2 (SE2) the words “FS1 or” shall be deleted.
b
in the entry relating to Class Super Elite 3 (SE3) the words “FS2 or” shall be deleted.
Amendment of Parts I and II of Schedule 5
6
For Part I (Specified diseases or pests, damage and defects and tolerances-potatoes other than VTSC Class produced in Great Britain) and Part II (Specified diseases or pests, damage and defects and tolerances-VTSC Class) of Schedule 5 there shall be substituted the provisions of the Schedule to these Regulations.
Amendment of Part III of Schedule 5
7
1
In Group I in Part III (Specified diseases or pests, damage and defects and tolerances-potatoes produced outside Great Britain) of Schedule 5, for the specified disease “Ring Rot (Corynebacterium sepedonicum (Spieck. & Kotth.) Skapt. & Burkh.)” there shall be substituted “Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.)”.
2
In Group I in Part III of Schedule 5 for the specified disease “Brown Rot (Pseudomonas solanacearum (E.F. Smith) E.F. Smith)” there shall be substituted “Brown Rot (Pseudomonas solanacearum (E.F. Smith) Jensen)”.
3
In Group II in Part III of Schedule 5 for the specified disease “Blackleg (Erwinia carotovora var atroseptica (Hellmers & Dowson) Dye)” there shall be substituted “Blackleg (Erwinia carotovora (Jones) Bergey et al.ssp. atroseptica (Hellmers & Dowson) Dye)”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food hereunto affixed on the 7th October 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
5th October 1988
Peter Walker
Secretary of State for Wales
10th October 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Horsey Estate (Area of Special Protection) Order 1988 and shall come into force on 17th March 1988.
2
In this Order —
“the Horsey Estate Area of Special Protection” means the area specified in the Schedule to this Order;
“the deposited map” means the map marked “Map referred to in the Horsey Estate (Area of Special Protection) Order 1988” and signed by an Under Secretary in the Department of the Environment, which has been prepared in duplicate and of which one copy has been deposited, and is available for inspection, at the offices of the North Norfolk District Council, and the other has been deposited, and is available for inspection, at the offices of the Secretary of State for the Environment.
Offences
2
Any person who, within the Horsey Estate Area of Special Protection, at any time intentionally —
i
kills, injures or takes any wild bird; or
ii
takes, damages or destroys the nest of such a bird while that nest is in use or being built; or
iii
takes or destroys an egg of such a bird; or
iv
disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or
v
disturbs dependent young of such a bird, shall be guilty of an offence under section 3 of the Act and liable to a special penalty.
3
Any person who enters into the Horsey Estate Area of Special Protection at any time shall be guilty of an offence under section 3 of the Act and liable to a special penalty.
Signed by authority of the Secretary of State
T. R. Hornsby
An Under Secretary in the
Department of the Environment
24th February 1988


text:
1
This Order may be cited as the A3 Trunk Road (Roehampton Vale, Wandsworth) (Prescribed Routes) Order 1988 and shall come into force on the date when the construction of the central reservation in Roehampton Vale between Numbers 10 and 114 Roehampton Vale has been completed.
2
In this Order —
“Roehampton Vale” means that length of the London — Portsmouth Trunk Road (A3) (hereinafter called “the trunk road”) in the London Borough of Wandsworth known as Roehampton Vale;
“the southwestbound exit slip road” means that length of road which links the southwestbound carriageway of the trunk road with Stag Lane;
“the southwestbound access slip road” means that length of road which links Stag Lane with the southwestbound carriageway of the trunk road;
“the northeastbound access slip road” means that length of road which links the northeastbound carriageway of the trunk road with the un-named road leading to Stag Lane;
“the northeastbound exit slip road” means that length of road which links the un-named road leading from Stag Lane with the northeastbound carriageway of the trunk road; and
“central reservation” means that part of the trunk road which separates the two carriageways of the trunk road for the safety and guidance of vehicles using that road.
3
No person shall cause or permit any vehicle proceeding in the trunk road to make a `U'-turn so as to proceed in the opposite direction to that in which it was proceeding —
a
at the northeastern end of the central reservation, being a point opposite the junction of Norstead Place with the trunk road; and
b
at the southwestern end of the central reservation, being a point 30 metres southwest of the southwestern boundary of Number 114 Roehampton Vale.
4
No person shall cause or permit any vehicle proceeding in the trunk road to make a right turn so as to enter Stag Lane.
5
No person causing or permitting a vehicle to proceed in a road specified in column 1 of the Schedule to this Order shall cause or permit that vehicle to proceed in any direction other than the direction specified in column 2 of that Schedule.
6
Nothing in this Order shall apply 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
R. Edridge
Director (Transport) London Regional Office of the
Department of Transport
1st September 1988


text:
1
This Order may be cited as the Public Utility Transfers and Water Charges Act 1988 (Commencement No. 2) Order 1988.
2
1
The provisions of the Act specified in the Schedule to this Order shall come into force on 1st October 1988.
2
All other provisions of the Act not already in force shall come into force on 1st April 1989.
Nicholas Ridley
Secretary of State for the Environment
5th July 1988


text:
1
These Regulations may be cited as the Heavy Goods Vehicles (Drivers' Licences) (Amendment) Regulations 1988 and shall come into force on 27th June 1988.
2
The Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 shall be further amended in accordance with the following provisions of these Regulations.
3
In regulation 23 (Fees for tests), for “£40” there shall be substituted “£42”.
4
In regulation 24(b) (Refund of fees), for the word “three” there shall be substituted the word “ten”.
5
Regulation 4 of these Regulations shall not apply in respect of the cancellation of an appointment made before 27th June 1988.
Signed by the authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,Department of Transport
26th May 1988


text:
1
These Rules may be cited as the Designs (Amendment) Rules 1988 and shall come into force on 1st January 1989.
2
1
For rule 51 of the Designs Rules 1984 there shall be substituted the following–
CERTIFICATES AND COPIES SUPPLIED BY REGISTRAR
Certificates supplied by Registrar
51
Upon request made on Form Designs No. 23 and payment of the appropriate fee —
a
the Registrar shall supply a certified copy of an entry in the Register or a certified extract from the Register; and
b
the Registrar may supply —
i
a certified copy of any representation, specimen or document kept in the Patent Office or a certified extract from any such document; or
ii
a certificate for the purposes of section 17(9).
Copies supplied by Registrar
51A
Upon request and payment of the appropriate fee–
a
the Registrar shall supply an uncertified copy of an entry in the Register or an uncertified extract from the Register; and
b
the Registrar may supply an uncertified copy of any representation or document kept in the Patent Office or an uncertified extract from any such document.
.
2
There shall be substituted for Form Designs No.23 as set out in Schedule 2 to the Designs Rules 1984 the form set out in the Schedule hereto.
3
The Schedule to the Registered Designs (Fees) Rules 1988 shall be amended as follows —
a
for item 19 there shall be substituted the following–
19
On request for certificate of the Registrar —
a
sealed and attached to document
7 Designs No. 23
b
by impression by document
3 Designs No. 23
;
b
for item 25 there shall be substituted the following —
25
On request for uncertified copy or extract under Rule 51A
2 — .
Eric Forth
Department of Trade and Industry
29th November 1988
We consent to the making of these Rules.
David Maclean
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the said plan shall cease to be a trunk road as from the date on which the Secretary of State so notifies the County Council of Northamptonshire.
4
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA10/EM43 marked “The (A43) Oxford — Market Deeping Trunk Road (Moulton Crossroads to Overstone Grange Improvement) Order 1988” 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 new trunk roads”
means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways; and
iii
“the trunk road”
means (A43) Oxford — Market Deeping Trunk Road.
5
This Order shall come into force on 14th July 1988 and may be cited as the (A43) Oxford — Market Deeping Trunk Road (Moulton Crossroads to Overstone Grange Improvement) Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
17th June 1988


text:
Title, extent and commencement
1
This Order may be cited as the Import and Export (Plant Health Fees) (England and Wales) Order 1988, shall apply to England and Wales and shall come into force on 1st September 1988.
Revocation
2
The Import and Export (Plant Health Fees) (England and Wales) Order 1987 is hereby revoked.
Interpretation
3
1
In this Order, unless the context otherwise requires –
“alternative fee” means a fee prescribed in column 4 of Schedule 1;
“the appropriate Minister” means, in relation to England, the Minister and, in relation to Wales, the Secretary of State for Wales;
“basic fee” means a fee prescribed in column 3 of Schedule 1;
“certificate” means a phytosanitary certificate or a re-forwarding phytosanitary certificate;
“district” means, in Wales, a community and, in England, a parish or where there is no parish a district ward;
“financial year” means the twelve months ending with 31st March;
“import licence” means a licence issued by the appropriate Minister under article 42 of the Plant Health (Great Britain) Order 1987 authorising the landing in Great Britain of anything the landing of which is otherwise prohibited by that Order;
“micro-plant” means a micro-propagated plant in vitro or a plant which is –
produced by micro-propagation,
weaned, and
not more than 5 centimetres in height;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“national list” means a list of plant varieties prepared and published in a Member State which corresponds to that prepared and published under regulation 4 of the Seeds (National List of Varieties) Regulations 1982 ;
“phytosanitary certificate” means a phytosanitary certificate issued by an inspector or other officer of the appropriate Minister under article 12 of the Plant Health (Great Britain) Order 1987 and “re-forwarding phytosanitary certificate” means a re-forwarding phytosanitary certificate issued by such an inspector or officer under that article;
“premises” includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container;
“reduced fee” means a fee equal to one-half of a basic fee or an alternative fee;
“small consignment” means a consignment –
of the following articles not more than 100 that is to say plants, fruits, bulbs, corms, rhizomes, tubers, bud sticks or cut flowers, or
of the following articles not more than 1,000 that is to say rooted seedlings, or rooted or unrooted cuttings, not more than 15 centimetres in height or micro-plants, or
whose gross value, to the satisfaction of the appropriate Minister, is less than £100;
“soil” includes any growing medium;
“stock” means the whole or part of a single crop of a single cultivar from a single field.
2
Where a fee prescribed by this Order is prescribed in relation to an inspection, examination or test as well as the issue of a certificate, the refusal to issue a certificate by reason of the results of the inspection, examination or test being unsatisfactory shall not affect the amount of the fee otherwise payable.
3
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Fees for export certification services
4
Subject to the following provisions of this Order, there shall be paid to the Minister in respect of any service described in column 2 of Schedule 1 the basic fee prescribed opposite the reference to that service.
Alternative fees for export certification services
5
1
Subject to the following provisions of this Order where –
a
opposite the reference to any service described in column 2 of Schedule 1 there is also prescribed an alternative fee, and
b
the applicant applies for the performance of more than one such service, or more than one performance of any such service, under a single application, and
c
two or more such services are performed consecutively
there shall be paid to the Minister, in place of the basic fee, the alternative fee so prescribed.
2
Paragraph (1) above shall not apply to –
a
the first, fifteenth and twenty-ninth service nor to any other service which follows this sequence (that is to say every 14th service), other than a service described in column 2 of Schedule 1 opposite item number 9, or
b
the first service, being a service described opposite the said item 9.
3
Where the applicant applies, under a single application –
a
for the performance of more than one of the services described in column 2 of Schedule 1 opposite item numbers 1, 2 and 3, or more than one performance of any of those services, or
b
for more than one performance of the service described in column 2 of Schedule 1 opposite item number 5
the services shall, for the purposes of paragraphs (1) and (2) above, be treated as performed consecutively whether or not they are so performed.
4
No application shall be treated as an application made for the purposes of this article unless the services are to be performed on premises farmed, worked, occupied or administered as a single unit within the same district or any district adjoining it.
5
For the purposes of this article services shall be treated as performed consecutively if –
a
they are performed in immediate succession, or
b
notwithstanding that they are not so performed, the articles in respect of which the services are performed were so presented by the applicant as to have enabled the services to be performed in immediate succession.
Further provisions for the payment of alternative fees
6
1
Where an inspector is on any premises for the purpose of performing any service for which a fee is payable to the Minister otherwise than under this Order as well as any service for which a fee is prescribed in Schedule 1, there shall be paid to the Minister, in place of the basic fee, the alternative fee prescribed opposite the reference to the appropriate service.
2
Without prejudice to article 8, where an inspector is on any premises for the purpose of performing any service for which a fee is prescribed in Schedule 2 as well as a service for which a fee is prescribed in Schedule 1, there shall be paid to the Minister, in place of the basic fee, the alternative fee prescribed opposite the reference to the appropriate service.
Reduced fees for export certification services
7
1
Subject to paragraph (2) below, there shall be paid to the Minister, in place of any basic fee or alternative fee, a reduced fee where the appropriate Minister is satisfied that –
a
the applicant is not a taxable person for the purposes of the Value Added Tax Act 1983 or if he is a taxable person, he makes no taxable supplies of plants, plant products, soil or agricultural machinery for the purposes of that Act, or
b
the gross value of the articles exported, or sold for export, by the applicant from Great Britain and accompanied by a certificate in the previous financial year was less than £5,000.
2
Paragraph (1) above shall not apply in respect of services performed in any financial year the reduced fees for which would cause the total amount of the reduced fees, otherwise payable by the applicant under that paragraph, to exceed £250 in that financial year.
Fees for import licensing services
8
There shall be paid to the Minister in respect of any service described in column 2 of Schedule 2 the fee prescribed in column 3 of Schedule 2 opposite the reference to that service.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
4th August 1988
We consent,
David Lightbown
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1988


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1988 and shall come into force on 1st August 1988.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meaning as they have in the Scheme.
Rates of levy
3
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
23 pence in respect of dealer levy,
b
18 pence in respect of grower levy, and
c
3 pence in respect of processor levy.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th June 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
29th June 1988
Tom King
Secretary of State for Northern Ireland
29th June 1988
Peter Walker
Secretary of State for Wales
30th June 1988


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Transfrontier Shipment of Hazardous Waste Regulations 1988 and shall come into force as follows —
a
regulations 3 to 18 and 30 shall come into force on 14th November 1988;
b
this regulation and the remaining provisions of these Regulations shall come into force on 14th October 1988.
Interpretation and application
2
1
In these Regulations, except where the context otherwise requires —
“acknowledgement” means an acknowledgement under Article 4 of the Directive , and “acknowledge” shall be construed accordingly;
“carrier” means any person who transports a consignment;
“completed” means, in the case of a consignment note, completed in accordance with the instructions for filling in the form of note set out in Annex IV to Commission Directive 85/469/ EEC , and in the case of a uniform document, completed in accordance with the instructions on that document, and “complete” shall be construed accordingly;
“consignee” means the person to whom a consignment is transported for disposal;
“consignment” means a quantity of hazardous waste that is intended to be, is being, or has been transported from one state to another without its being divided or added to;
“consignment note” means a consignment note printed in accordance with Annex III to Commission Directive 85/469/EEC and, in relation to such a note, “copy 1”, “copy 2” and “copy 3” mean respectively the copies of the note so numbered and entitled “copy for the authority issuing the acknowledgement”, “copy for the holder of the waste” and “copy accompanying the waste”;
“disposal authority” means a disposal authority for the purposes of the waste regulation provisions of the 1974 Act ;
“Directive” means Council Directive 84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste ;
“hazardous waste” means “special waste” as defined in the Control of Pollution (Special Waste) Regulations 1980 , other than waste that is special waste solely because —
it consists of, or contains any of, the substances listed in the Schedule hereto; or
it is such a medicinal product as is mentioned in regulation 2(1)(b) of those Regulations;
“holder” means the person having a consignment in his possession or control immediately before it is transported from the premises at which it is produced or stored;
“Member State” means a state, other than the United Kingdom, that is a member of the Communities;
“Member State of destination” means the Member State in which a consignment is, or is to be, disposed of;
“Member State of dispatch” means the Member State in which a consignment originates;
“Member State of transit” means any Member State through which a consignment is, or is to be, transported for disposal in another state;
“non-ferrous metal consignment” means a consignment that is, or is to be, transported for the purpose of enabling its non-ferrous metal content to be re-used, regenerated or recycled;
“objection” means an objection under Article 4 of the Directive, and “object” shall be construed accordingly;
“port” means seaport or airport;
“third state” means a state that is not a member of the Communities;
“third state of destination” means the third state in which a consignment is, or is to be, disposed of;
“third state of dispatch” means the third state in which a consignment originates;
“third state of transit” means any third state through which a consignment is, or is to be, transported for disposal in another state;
“uniform document” means a uniform document printed in accordance with Annex III to Commission Directive 85/469/EEC and, in relation to such a document, “copy 1”, “copy 2”, “copy 3” and “copy 4” mean respectively the copies of the document so numbered and entitled “copy for the consignee of the waste”, “copy for the competent authority”, “copy for the holder of the waste” and “copy for the competent authority”;
“the 1974 Act” means the Control of Pollution Act 1974 .
2
Any reference in these Regulations to the competent authority of a Member State is a reference to the authority designated by that Member State under Article 16 of the Directive.
3
Where, under these Regulations, anything is to be done by or to a third state, it shall be done by or to either the government of that state, or by or to the authority in that state specified by that government.
4
Other expressions used in these Regulations shall, unless the contrary intention appears, have the meaning they bear in Part I of the 1974 Act.
5
These Regulations do not apply to the transferring from a ship to land of waste produced during the normal operation of that ship.
PART II
DUTIES OF HOLDERS OF HAZARDOUS WASTE
Consignment to a Member State: single consignment
3
Subject to regulations 4 and 5, a holder shall not transport, or cause or permit to be transported, a consignment of hazardous waste from Great Britain to a destination in a Member State, unless, before the consignment is removed from the premises at which it was produced, or at which it is stored, he has —
a
entered into a contract with the consignee for the disposal of the consignment;
b
sent to the competent authority of the Member State of destination a completed consignment note relating to the transport of the consignment;
c
sent a photocopy of the completed copy 1 of the note to —
i
the disposal authority for the area in which the consignment is currently located;
ii
the disposal authority for the area in which is situated the port through which the consignment is to leave Great Britain;
iii
the Department of the Environment for Northern Ireland, where the consignment is to be transported through Northern Ireland;
iv
the competent authority of any Member State of transit; and
v
any third state of transit;
d
received acknowledgement of the consignment note from the competent authority referred to in paragraph (b);
e
either —
i
been informed by the disposal authority referred to in paragraph (c)(i) that it makes no objection under regulation 22; or
ii
received no objection from that disposal authority within the period of 20 days from the date on which a photocopy of copy 1 of the consignment note was received by that authority;
f
completed copy 3 of the acknowledged consignment note and sent a photocopy of it to each of the relevant persons mentioned in paragraphs (b) and (c); and
g
given the completed copy 3 to the carrier.
Multiple consignments to a Member State
4
1
Where a holder intends, within any period of twelve months, to transport, or to cause or permit to be transported, more than one consignment of hazardous waste from Great Britain to a Member State of destination and —
a
each consignment will consist of hazardous waste having essentially the same physical and chemical characteristics;
b
each consignment is to be transported to the same consignee;
c
entry is to be made with Her Majesty’s Commissioners of Customs and Excise at the same port in respect of each consignment; and
d
clearance is to be sought for each consignment at the same customs office of entry in the Member State of destination and in any Member State of transit, and at the same customs office of exit from any Member State of transit,
regulation 3 shall not apply if, before the first consignment is removed from the premises at which it was produced, or at which it is stored, the holder has complied with the requirements of paragraph (2), and if, before each consignment is removed from the premises at which it was produced, or at which it is stored, the holder has complied with the requirements of paragraph (3).
2
The requirements of this paragraph are that the holder has —
a
entered into a contract with the consignee for the disposal of all the consignments;
b
sent to the competent authority of the Member State of destination a consignment note, which comprises copies 1 and 2 completed with respect to the transport of all the consignments, and separate forms of copy 3 completed as respects each of the proposed consignments;
c
sent a photocopy of the completed copy 1 of the note to —
i
the disposal authority for any area in which the consignments are, or will be, located immediately before being transported;
ii
the disposal authority for the area in which is situated the port through which the consignments are to leave Great Britain;
iii
the Department of the Environment for Northern Ireland, where the consignments are to be transported through Northern Ireland;
iv
the competent authority of any Member State of transit; and
v
any third state of transit;
d
received acknowledgement of the consignment note from the competent authority referred to in sub-paragraph (b);
e
either —
i
been informed by the disposal authority or by each of the disposal authorities mentioned in sub-paragraph (c)(i) that it makes no objection under regulation 22; or
ii
received no such objection from any such disposal authority within the period of 20 days from the date on which a photocopy of copy 1 of the consignment note was received by that authority; and
f
complied with any conditions as to the supply of information about the consignments imposed under Article 5(2) of the Directive by —
i
the competent authority of the Member State of destination; or
ii
the competent authority of any Member State of transit.
3
The requirements of this paragraph are that the holder has —
a
completed the appropriate copy 3 of the acknowledged consignment note and sent a photocopy of it to each of the relevant persons mentioned in paragraph (2)(b) and (c); and
b
given the appropriate completed copy 3 to the carrier.
Exception for certain consignments containing non-ferrous metal to Member States
5
Where a holder intends to transport, or to cause or permit to be transported, a non-ferrous metal consignment from Great Britain to a destination in a Member State, regulation 3 shall not apply if, before the consignment is removed from the premises at which it was produced or at which it is stored, he has —
a
entered into a contract with the consignee with respect to the re-use, regeneration or recycling of the non-ferrous metal content of the consignment;
b
made a declaration to this effect on a uniform document;
c
otherwise completed the uniform document;
d
sent the completed copy 4 to the competent authority of the Member State of destination; and
e
given completed copies 1 and 2 to the carrier.
Consignment to a third state: single consignment
6
Subject to regulations 7 and 8, a holder shall not transport, or cause or permit to be transported, a consignment of hazardous waste from Great Britain to a destination in a third state unless, before the consignment is removed from the premises at which it was produced, or at which it is stored, he has —
a
obtained the agreement of that state to the receipt of that consignment in that country for disposal;
b
entered into a contract with the consignee for the disposal of the consignment;
c
sent a completed consignment note relating to the transport of the consignment —
i
where the consignment will pass through one or more Member States of transit, and that state or the last of those states exercises, under Article 4(2) of the Directive, the right to acknowledge such consignment notes or to object, to the competent authority of that state; or
ii
in any other case, to the Secretary of State;
d
sent a photocopy of the completed copy 1 of the note to —
i
where paragraph (c)(i) applies, the Secretary of State;
ii
the disposal authority for the area in which is situated the port through which the consignment is to leave Great Britain;
iii
where the consignment is to be transported through Northern Ireland, the Department of the Environment for Northern Ireland;
iv
the competent authority of any Member State of transit;
v
any third state of transit; and
vi
the third state of destination;
e
received acknowledgement of the consignment note from the person to whom the completed note was sent in accordance with paragraph (c);
f
where paragraph (c)(i) applies, either —
i
been informed by the Secretary of State that he has no objection; or
ii
received no objection from him within the period of 20 days from the date on which he received a photocopy of copy 1 of the consignment note;
g
completed copy 3 of the acknowledged consignment note and sent a photocopy of it to each of the relevant persons mentioned in paragraphs (c) and (d); and
h
given the completed copy 3 to the carrier.
Multiple consignments to a third state
7
1
Where a holder intends, within any period of twelve months, to transport, or to cause or permit to be transported, more than one consignment of hazardous waste from Great Britain to a third state of destination and —
a
each such consignment will consist of hazardous waste having essentially the same physical and chemical characteristics;
b
each consignment is to be transported to the same consignee;
c
entry is to be made with Her Majesty’s Commissioners of Customs and Excise at the same port in respect of each consignment; and
d
where the consignments are to be transported through any Member State of transit, clearance is to be sought at the same customs office of exit from that Member State,
regulation 6 shall not apply if, before the first consignment is removed from the premises at which it was produced, or at which it is stored, the holder has complied with the requirements of paragraph (2), and if, before each consignment is removed from the premises at which it was produced, or at which it is stored, the holder has complied with the requirements of paragraph (3).
2
The requirements of this paragraph are that the holder has —
a
obtained the agreement of the third state of destination to the receipt of all the consignments in that country for disposal;
b
entered into a contract with the consignee for the disposal of all the consignments;
c
sent a consignment note, which comprises copies 1 and 2 completed with respect to the transport of all the consignments, and separate forms of copy 3 completed as respects each of the proposed consignments,
i
where the consignments will pass through one or more Member States of transit, and that state or the last of those states exercises, under Article 4(2) of the Directive, the right to acknowledge such consignment notes or to object, to the competent authority of that state; or
ii
in any other case, to the Secretary of State;
d
sent a photocopy of copy 1 of the completed consignment note to —
i
where sub-paragraph (c)(i) applies, the Secretary of State;
ii
the disposal authority for the area in which is situated the port through which the consignments are to leave Great Britain;
iii
where the consignments are to be transported through Northern Ireland, the Department of the Environment for Northern Ireland;
iv
the competent authority of any Member State of transit;
v
any third state of transit; and
vi
the third state of destination;
e
received acknowledgement of the consignment note from the person to whom the completed consignment note was sent in accordance with sub-paragraph (c);
f
where sub-paragraph (c)(i) applies, either —
i
been informed by the Secretary of State that he has no objection; or
ii
received no objection from the Secretary of State within the period of 20 days from the date on which he received a photocopy of copy 1 of the consignment note; and
g
complied with any conditions as to the supply of information about the consignments imposed under Article 5(2) of the Directive by —
i
the competent authority of any Member State of transit; and
ii
where sub-paragraph (c)(ii) applies, the Secretary of State.
3
The requirements of this paragraph are that the holder has —
a
completed the appropriate copy 3 of the acknowledged consignment note and sent a photocopy of it to each of the relevant persons mentioned in paragraph (2)(c) and (d); and
b
given the appropriate completed copy 3 to the carrier.
Exception for certain consignments containing non-ferrous metal to third states
8
Where a holder intends to transport, or to cause or permit to be transported, a non-ferrous metal consignment from Great Britain to a destination in a third state, regulation 6 shall not apply if, before the consignment is removed from the premises at which it was produced or at which it is stored, he has —
a
entered into a contract with the consignee with respect to the re-use, regeneration or recycling of the non-ferrous metal content of the consignment;
b
made a declaration to this effect on a uniform document;
c
otherwise completed the uniform document;
d
sent the completed copy 4 to the disposal authority for the area in which the consignment is currently located;
e
sent a photocopy of copy 4 to the competent authority of any last Member State of transit; and
f
given completed copies 1 and 2 to the carrier.
Additional duties regarding consignments to third states
9
1
This regulation applies to any consignment to which regulation 6 applies and to any consignment in relation to which the holder relies on the exemption provided by regulation 7.
2
Where regulations 6(c)(ii) or 7(2)(c)(ii) apply, the holder shall notify the Secretary of State in writing within 6 weeks from the date on which the consignment left the area of the Communities —
a
of the customs post of exit from the area of the Communities; and
b
of the arrival of the consignment at the place of destination stated on the consignment note.
3
In cases to which paragraph (2) does not apply, the holder shall notify the competent authority of the Member State of transit or, where there are more than one of such States, the competent authority of the last Member State of transit within six weeks from the date on which the consignment left the area of the Communities —
a
of the customs post of exit from the area of the Communities; and
b
of the arrival of the consignment at the place of destination stated in the consignment note.
Retention of documents
10
1
A holder shall keep for at least two years from the date of receipt any copy of a consignment note or photocopy thereof sent or given to him or sent by him in accordance with these Regulations or any provision of the law of a Member State giving effect to the Directive.
2
A holder who sends a uniform document under regulations 5 or 8 shall keep copy 3 of that document for at least two years from the date on which he sent it.
PART III
DUTIES OF CONSIGNEES OF HAZARDOUS WASTE
Acceptance of a consignment
11
Subject to regulation 12, a consignee shall not accept a consignment of hazardous waste transported into Great Britain unless —
a
such acceptance is in accordance with a contract he has entered into with the holder; and
b
he has received the completed copy 3 of the consignment note which was dispatched with the consignment.
Acceptance of a consignment containing non-ferrous metal
12
Regulation 11 shall not apply where a consignee accepts a non-ferrous metal consignment transported into Great Britain, if —
a
such acceptance is in accordance with a contract he has entered into with the holder with respect to the re-use, regeneration or recycling of the non-ferrous metal content of the consignment; and
b
he has received the copies 1 and 2 of the uniform document which were dispatched with the consignment.
Notification of acceptance of a consignment
13
A consignee who accepts a consignment, other than a non-ferrous metal consignment shall, no later than 15 days from the date of acceptance, complete the copy 3 of the consignment note which accompanied the consignment and send photocopies of that copy to —
a
the holder;
b
the competent authority of any Member State or Great Britain indicated on the consignment note as being concerned;
c
any third state of dispatch or transit; and
d
the Secretary of State.
Notification of acceptance of a consignment containing non-ferrous metal
14
A consignee who accepts a non-ferrous metal consignment shall, no later than 15 days from the date of acceptance —
a
declare on copies 1 and 2 of the uniform document that accompanied the consignment that the re-use, regeneration or recycling of the non-ferrous metal content of the consignment will actually be carried out; and
b
send the completed copy 2 to the disposal authority for the area in which he received the consignment.
Retention of documents
15
1
A consignee shall keep for at least two years from the date of receipt any copy of a consignment note or photocopy thereof sent or given to him in accordance with these Regulations.
2
A consignee who in accordance with these Regulations receives from a carrier a copy 1 of a completed uniform document shall keep that copy for at least two years from the date of receipt.
PART IV
DUTIES OF CARRIERS OF HAZARDOUS WASTE
Documents carried during transport
16
1
A carrier shall not transport any consignment of hazardous waste in Great Britain unless —
a
in the case of a consignment other than a non-ferrous metal consignment, it is accompanied by a completed copy 3 of a consignment note relating to the consignment; or
b
in the case of a non-ferrous metal consignment, it is accompanied by completed copies 1 and 2 of a uniform document relating to the consignment.
2
A carrier shall not transfer any such consignment to another person in Great Britain without —
a
endorsing copy 3 of the consignment note in accordance with the instructions, passing the document to the transferee and retaining a photocopy of the document, or
b
passing on to him copies 1 and 2 of the uniform document.
Notification when consignment leaves Great Britain
17
A carrier intending to transport a consignment other than a non-ferrous metal consignment from Great Britain for disposal in a third state, without the consignment being subsequently transported through another Member State of transit or through Northern Ireland, shall, before the consignment leaves Great Britain, endorse copy 3 of the completed consignment note relating to the consignment, deliver that document to Her Majesty’s Commissioners of Customs and Excise at the port from which the consignment is to leave Great Britain and retain a photocopy of that document.
Retention of documents
18
Any carrier who in accordance with these Regulations retains a photocopy of a completed copy 3 of a consignment note shall retain that photocopy for at least two years.
PART V
DUTIES OF DISPOSAL AUTHORITIES
Acknowledgement of or objection to transport of a consignment into Great Britain
19
Where a disposal authority is notified by way of a consignment note of the transport of one or more consignments of hazardous waste to one or more destinations in Great Britain, it shall, not later than one month after receipt of the note, either —
a
enter an acknowledgement on the consignment note, retain copy 1 and return the other copies to the holder; or
b
give notice in writing to the holder that it objects to the transport of the consignment under Article 4(3) of the Directive.
Notification of acknowledgement of, or objection to, transport of a consignment into Great Britain
20
A disposal authority shall forthwith send photocopies of copy 2 of any consignment note it has acknowledged or, as the case may be, of its objection, to —
a
the competent authority of any Member State of dispatch;
b
the competent authority of any Member State of transit;
c
any third state of transit;
d
the consignee;
e
the Secretary of State;
f
the disposal authority for the area in which is situated the port through which the consignment is to be brought into Great Britain; and
g
where the consignment is to be transported through Northern Ireland, the Department of the Environment for Northern Ireland.
Removal of objection to transport of a consignment into Great Britain
21
As soon as a disposal authority which has objected under regulation 19(b) is satisfied that the reason for not issuing an acknowledgement no longer exists, or where the Secretary of State decides on an appeal under regulation 26 that an acknowledgement should be issued, the disposal authority concerned shall forthwith —
a
enter an acknowledgement on the relevant consignment note, retain copy 1 of the note and return the other copies to the holder; and
b
send photocopies of copy 2 of the note to those persons to whom photocopies of the notice of objection were required to be sent under regulation 20.
Objection to transport of a consignment from Great Britain
22
A disposal authority receiving a photocopy of copy 1 of a consignment note in accordance with regulations 3(c)(i) or 4(2)(c)(i) shall within 20 days of receiving the copy, notify the holder in writing that either —
a
it objects to the transport of the consignment under Article 4(6) of the Directive; or
b
it has no such objection.
Notification of objection to transport of a consignment from Great Britain
23
The disposal authority shall forthwith send photocopies of any notice of objection under regulation 22 to —
a
the competent authority of any Member State of destination;
b
the competent authority of any Member State of transit;
c
the Secretary of State; and
d
where the consignment is to be transported through Northern Ireland, the Department of the Environment for Northern Ireland.
Removal of objection to transport of a consignment from Great Britain
24
As soon as a disposal authority which has objected under regulation 22(a) is satisfied that the reason for its objection no longer exists, or where the Secretary of State decides on an appeal under regulation 26 that no objection should be made, the disposal authority concerned shall forthwith —
a
notify the holder in writing that it no longer objects; and
b
send copies of the notification to those persons to whom photocopies of the objection were required to be sent under regulation 23.
Retention of documents
25
Any disposal authority that receives in accordance with these Regulations or any provision of the law of a Member State giving effect to the Directive a copy of a consignment note or a uniform document or a photocopy thereof shall, except where otherwise required by regulation 19(a), keep that document for at least two years from the date of receipt.
PART VI
APPEALS
Appeals
26
1
Where a disposal authority objects under regulations 19(b) or 22(a) to the transport of a consignment, the holder or the consignee may, in accordance with this regulation, appeal against the objection to the Secretary of State.
2
The appellant shall give written notice of the appeal within the period of one month from the date on which the objection is notified to him or within such longer period as the Secretary of State may at any time allow.
3
A notice of appeal shall contain a statement of the grounds on which the appeal is made.
4
The appellant shall send to the Secretary of State with the notice of appeal two copies of each of the following documents —
a
the objection;
b
any disposal licence relevant to the appeal issued in pursuance of section 5 of the 1974 Act; and
c
any correspondence or other documents relevant to the appeal.
5
The appellant shall send to the disposal authority that made the objection a copy of the notice of appeal and a copy of any correspondence or other documents submitted by him to the Secretary of State under paragraph (4)(c).
PART VII
OFFENCES
False information with respect to consignment notes and uniform documents
27
A holder shall not, with the intention of securing an acknowledgement, avoiding an objection or avoiding the imposition of conditions, send a consignment note or uniform document pursuant to the requirements of these Regulations knowing it to be false in a material particular or being reckless as to whether it is false in a material particular.
Offences and penalties
28
1
A holder, carrier or consignee who fails to comply with any provision of these Regulations, other than regulations 10, 15 and 18, shall commit an offence and be liable on summary conviction to a fine not exceeding £2,000 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
2
Any person who fails to comply with regulations 10, 15 or 18 shall commit an offence and be liable on summary conviction to a fine not exceeding £400.
3
In any proceedings for an offence under these Regulations, other than regulation 27, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.
4
In any proceedings for an offence under regulation 28(1) for failure to comply with any provision of regulations 3 to 9, 11 to 14, 16 and 17 it shall be a defence for the person charged to prove that he was not reasonably able to comply with the provision concerned by reason of an emergency and that he took all reasonable steps to ensure that the necessary copies of the consignment note or uniform document were completed or furnished or received (as the case may be) as soon as practicable after the event.
5
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
Offences by corporations
29
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
In this regulation, “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
PART VIII
AMENDMENTS
Amendment of Control of Pollution (Special Waste) Regulations 1980
30
For regulation 7 of the Control of Pollution (Special Waste) Regulations 1980 there shall be substituted the following —
7
These Regulations, except for regulations 14, 15 and 16, shall not apply to consignments of hazardous waste within the meaning of the Transfrontier Shipment of Hazardous Waste Regulations 1988.
.
Nicholas Ridley
Secretary of State for the Environment
6th September 1988
Peter Walker
Secretary of State for Wales
7th September 1988
Malcolm Rifkind
Secretary of State for Scotland
8th September 1988


text:
1
This Order may be cited as the Pilotage Authorities (1988 Returns) Order 1988 and shall come into force on 30th September 1988.
2
The 1988 returns to be delivered by a pilotage authority to the Secretary of State pursuant to section 19(1) of the 1983 Act shall give the particulars with respect to pilotage in their district indicated in Form “A” in the Schedule to the Pilotage Authorities (Returns) Order 1978 (“the 1978 Order ”) and shall be delivered in that form or in a form substantially to the same effect, but any reference in that Form to the year (except in relation to item 6) or to the year ended 31st December shall be taken as a reference to the period from 1st January 1988 until 30th September 1988 (inclusive), any other reference in the Form to 31st December shall be taken as a reference to 30th September 1988, and the reference to the year in item 6 shall be taken as a reference to the year ended 30th June 1988.
3
The 1988 statement of accounts to be furnished by a pilotage authority to the Secretary of State pursuant to section 19(2) of the 1983 Act shall be in the form set out as Form “B” in the Schedule to the 1978 Order or a form substantially to the same effect, but the reference to the year ended 31st December shall be taken as a reference to the period from 1st January 1988 until 30th September 1988 (inclusive).
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
26th September 1988


text:
Citation and Commencement
1
These Regulations may be cited as the Ministry of Defence Police (Police Committee) Regulations 1988 and shall come into force on 20th July 1988.
Interpretation
2
In these Regulations: —
“the Committee” means the Ministry of Defence Police Committee;
“the Secretary of State” means the Secretary of State for Defence.
Membership of the Committee
3
The members of the Committee shall be: —
a
the Second Permanent Under Secretary of State at the Ministry of Defence, who shall be the Chairman of the Committee;
b
the Vice Chief of the Defence Staff, who shall be the vice-chairman of the Committee;
c
the Deputy Under Secretary of State at the Ministry of Defence responsible for civilian management;
d
the Assistant Chief of the Naval Staff;
e
the Assistant Chief of the General Staff;
f
the Director General of Security for the Royal Air Force;
g
the Assistant Under Secretary at the Ministry of Defence responsible for research and development establishments and research administration;
h
the Assistant Under Secretary at the Ministry of Defence responsible for security, who shall be the Clerk to the Committee;
i
such other persons as the Secretary of State may from time to time appoint.
George Younger
One of Her Majesty’s Principal Secretaries of State
Dated 23rd June 1988


text:
1
1
This Order may be cited as the Financial Services Act 1986 (Miscellaneous Exemptions) (No.2) Order 1988 and shall come into force on 29th April 1988
2
In this Order —
“ the Act ” means the Financial Services Act 1986; and
“university” has the meaning given in section 43(6) of the Education (No.2) Act 1986 .
2
Each of the persons listed in Schedule 1 to this Order shall be an exempted person.
3
Each of the persons listed in Schedule 2 to this Order shall be an exempted person to the extent specified in that Schedule in relation to that person.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
13th April 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the main new trunk road to be provided by the Secretary of State in pursuance of article 1(a) of the London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Order 1986 with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the new trunk roads” shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of either of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specifed will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
“the deposited plan” means the plan folio numbered HA 10/2E/253 containing one site plan, marked “The London- — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue Section) (Lea Interchange Slip Roads) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
5
This Order shall come into force on 3rd November 1988 and may be cited as the London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue Section) (Lea Interchange Slip Roads) Order 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
26th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1988 and shall come into force on 2nd May 1988.
2
In these Regulations the“ principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Insertion of regulation 12A into the principal Regulations
2
The following regulation shall be inserted after regulation 12 of the principal Regulations —
Persons deemed available where a doubt has arisen about availability
12A
1
Subject to paragraph (4), a person shall be deemed to be available to be employed in employment for a period determined in accordance with paragraphs (2) and (3) where —
a
he has been in receipt of unemployment benefit during a spell of unemployment; and
b
a doubt has arisen during that spell of unemployment as to his availability for employment,
and regulation 7(1)(g) shall apply to a person deemed to be available for employment under this regulation as if head (ii) were omitted.
2
The period under paragraph (1) shall begin on the day on which the doubt about a person’s availability for employment arises.
3
The period under paragraph (1) shall end —
a
where a person has failed to furnish such certificates, documents, information and evidence within the period of one month, or such longer period as the Secretary of State may consider reasonable, in accordance with a requirement of the Secretary of State made under regulation 7(1) of the Social Security (Claims and Payments) Regulations 1987 , at the expiry of that period; or
b
where a determining authority makes a determination on review as to whether the person is available for work, at the end of the day on which the determination is made,
whichever first occurs.
4
This regulation shall not apply —
a
to a person in respect of any day on which he is deemed to be available for employment by virtue of regulation 9 (lifeboatmen and part-time firemen), 10 (persons undertaking duties in an emergency), 11 (persons attending work camps) or 12 (persons requiring 24 hours' notice of job opportunities); or
b
to a person in any case where he gives notice at an office of the Department of Health and Social Security or the Department of Employment that he is not, or will not be, available for employment and where such notice is given after the period in paragraph (1) has begun that period shall end on the first day mentioned in that notice as a day in respect of which he will not be available for employment or, where no day is mentioned in that notice, the day following the day on which the notice is received in an office of the Department of Health and Social Security or the Department of Employment.
5
For the purposes of this regulation —
a
“employment” means employed earner’s employment; and
b
“spell of unemployment” means any period of one or more days on which a person is unemployed and any two or more such periods, not separated by a period of more than 3 consecutive days which in relation to that person are not days of unemployment, shall be treated as one spell of unemployment and for the purposes of this paragraph in computing any period of time Sundays shall not be disregarded.
.
Amendment of regulation 13 of the principal Regulations
3
For sub-paragraph (b) of regulation 13(2) of the principal Regulations (days specified for the purpose of reckoning periods of interruption of employment) there shall be substituted the following sub-paragraph —
b
any day in respect of which the person concerned is entitled to income support under Part II of the Social Security Act 1986 or to any personal expenses addition, special transitional addition or transitional addition under the Income Support (Transitional) Regulations 1987 if on that day paragraph 14 of Schedule 1 to the Income Support (General) Regulations 1987 applies to him (persons of 60 and over who, for the purposes of entitlement to income support, are not subject to the condition of availability).
.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
8th April 1988


text:
Title and commencement
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) (Revocation) Order 1988 and shall come into force on 30th November 1988.
Revocation
2
The Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th November 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
28th November 1988
Peter Walker
Secretary of State for Wales
27th November 1988
Tom King
Secretary of State for Northern Ireland
28th November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment No. 2) Regulations 1988 and shall come into force on 22nd August 1988 but shall apply in relation to losses accruing on the disposal of investments on or after 18th January 1988.
Interpretation
2
In these Regulations, “the Principal Regulations ” means the Personal Equity Plan Regulations 1986 and “Regulation” means a Regulation of the Principal Regulations.
Amendment to the Principal Regulations
3
In Regulation 22 after the words “plan investments” there shall be inserted “, losses in respect of plan investments shall be disregarded for the purposes of capital gains tax”.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
29th July 1988


text:
Title and commencement
1
This Order may be cited as the Strathclyde and Central Regions and Monklands and Falkirk Districts (Black Loch) Boundaries Amendment Order 1988, and shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The Strathclyde and Central Regions and Monklands and Falkirk Districts (Black Loch) Boundaries Amendment Order 1988 Map” and deposited in accordance with regulation 3 of the 1977 Regulations; and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of Monklands District in Strathclyde Region containing an area of ground at Black Loch, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Falkirk District in Central Region.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 54 (Airdrie East) of Strathclyde Region( ) and of ward 12 (New Monklands East) of Monklands District( ); and
b
shall form part of electoral division 34 (Avonside) of Central Region( ) and of ward 36 (Avon) of Falkirk District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
11th February 1988


text:
1
This Order may be cited as the Income Tax (Interest Relief) (Qualifying Lenders) (No. 2) Order 1988.
2
The bodies named in article 3 below are prescribed for the purposes of section 376 of the Income and Corporation Taxes Act 1988 and shall become qualifying lenders with effect from the dates and in respect of the loans specified in the following paragraphs —
a
with effect from the thirtieth day after the making of this Order, in relation to new loans (that is loans which are made on or after that day);
b
with effect from the making of this Order, in relation to transferred loans (that is loans transferred from another qualifying lender on or after the making of this Order the interest on which is at the time of transfer relevant loan interest payable by a qualifying borrower);
c
with effect from the 6th April 1989, in relation to other loans made by the body concerned before the thirtieth day after the making of this Order.
3
The following are the bodies referred to in article 2 above —
Abbey Life Mortgage Loans Limited
Abbey National PLC
Arbuthnot Latham Bank Limited
BAII London Limited
Bergen Bank A/S
Boston Safe Deposit and Trust Company ( UK ) Limited
Citicorp Investment Bank Limited
Equity & Law Home Loans (NO 2) Limited
Equity & Law Home Loans (NO 3) Limited
Equity & Law Home Loans (NO 4) Limited
Equity & Law Home Loans (NO 5) Limited
Equity & Law Home Loans (NO 6) Limited
Framework Homeloans Limited
Gracechurch Mortgage Finance (NO 2) Limited
Grosvenor Mortgages Limited
HMC Financing 5 Limited
HMC Financing 6 Limited
HMC Financing 7 Limited
HMC Mortgage Notes 9 PLC
Home Loans For Scotland Limited
Mortgage Funding Corporation NO 1 PLC
Mortgage Funding Corporation NO 2 PLC
Mortgage Funding Corporation NO 3 PLC
Mortgage Funding Corporation NO 4 Limited
North Yorkshire Mortgages Limited
NPI Mortgages Limited
Overseas Chinese Banking Corporation Limited
Professional and Executive Management Services (Midlands) Limited
Providence Capital Mortgages Services (NO 1) Limited
Providence Capital Mortgage Services (NO 2) Limited
Scotiabank (UK) Limited
SRF Financing 1 PLC
SRF Financing 2 PLC
SRF Financing 3 PLC
SRF Financing 4 PLC
SRF Mortgage Notes 1 PLC
SRF Mortgage Notes 2 PLC
SRF Mortgage Notes 3 PLC
SRF Mortgage Notes 4 PLC
SRF Mortgage Notes 5 PLC
SRF Mortgage Notes 6 PLC
The Commercial & Residential Mortgage Corporation Limited
The Sumitomo Trust and Banking Company Limited
UMC 3 Limited
UMC 4 Limited
Union Bank of Finland Ltd.
Wesleyan Home Loans Limited
4
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1987 shall be amended by omitting the words —
Mortgage Funding No. 2 Limited
Mortgage Funding No. 3 Limited
Mortgage Funding No. 4 Limited
Mortgage Funding No. 5 Limited
.
Tony Durant
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
9th November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (Transitional) Amendment No. 2 Regulations 1988 and shall come into force on 11th April 1988.
Amendment of the Income Support (Transitional) Regulations 1987
2
1
The Income Support (Transitional) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 14 (reduction and termination of transitional and personal expenses addition) —
a
after paragraph (1B) there shall be inserted the following paragraph —
1C
Notwithstanding paragraph (1)(b), (c) or (e) the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his income or, as the case may be, the reason his income exceeds his applicable amount, is attributable to the receipt of a training allowance.
;
b
at the end of paragraph (5) there shall be added the words “but not if, and to the extent that, the increase is attributable to the receipt of a training allowance”.
3
In regulation 15 (special transitional addition) at the end of paragraph (2) there shall be added the words “but not if, and to the extent that, the increase is attributable to the receipt of a training allowance”.
Signed by Authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
6th April 1988


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the Metropolitan District of Leeds that the new trunk road is open for through traffic.
2
In this Order —
1
All measurements of distance are measured along the route of the relevant highway.
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan folio numbered HA 10/CNE 89 marked “The (A650) North-West of Doncaster — Kendal Trunk Road (Bradford District Boundary to Gildersome Interchange De-Trunking) Order 1988.” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway to be provided in pursuance of the (A650) North-West of Doncaster — Kendal Trunk Road (Drighlington Bypass) Order 1988 ; and
iv
“the Trunk Road”
means the North-West of Doncaster — Kendal Trunk Road (A650).
3
This Order shall come into force on 4th November 1988 and may be cited as the (A650) North-West of Doncaster — Kendal Trunk Road (Bradford District Boundary to Gildersome Interchange De-Trunking) Order 1988.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
5th October 1988


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 1988 and shall come into force on 1st August 1988.
2
The Value Added Tax (Special Provisions) Order 1981 shall be amended as follows —
a
in article 2 the definition of “overseas customer” shall be deleted;
b
in article 9, for paragraph (1) there shall be substituted the following —
1
Input tax on the supply to a taxable person of goods or services used or to be used by him for the purpose of business entertainment shall be excluded from any credit under sections 14 and 15 of the Value Added Tax Act 1983.
.
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
28th June 1988