text:
Citation and commencement
1
These Regulations may be cited as the Welfare Food Amendment Regulations 1988 and shall come into force on 11th April 1988.
Amendment of Regulations
2
The Welfare Food Regulations 1988 are amended by inserting after regulation 18 the following regulation —
Offences
18A
A person who contravenes or fails to comply with any of the following provisions of these Regulations, namely —
regulation 5(3);
regulation 6;
regulation 8(1)(b);
regulation 12(1);
regulation 12(3)(b);
regulation 17(1);
regulation 17(5),
shall be guilty of an offence under section 13 of the Social Security Act 1988 and liable on summary conviction to a penalty not exceeding, for any one offence, level 3 on the standard scale.
.
John Moore
One of Her Majesty’s Principal Secretaries of State
21st Marcj 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Income Tax (Interest Relief) (Qualifying Lenders) 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 —
Antony Gibbs & Sons Limited
Banque Indosuez S.A.
Banque Paribas
CHM Funding Limited
Choice Personal Finance Limited
Citibank Leasing Limited
Commercial Union Home Loans Limited
Commercial Union Mortgage Corporation Limited
Credit Commercial de France
Economic Home Loans Limited
Equity & Law Home Loans Limited
Exclusive Finance (1) Limited
Exclusive Finance (2) Limited
Exclusive Finance (3) Limited
Exclusive Finance (4) Limited
Exclusive Finance (5) Limited
FFM Limited
HMC Mortgage Notes 16 Limited
HMC Mortgage Notes 17 Limited
HMC Mortgage Notes 18 Limited
HMC Mortgage Notes 19 Limited
HMC Mortgage Notes 20 Limited
Home Mortgage Finance Limited
Legal & General Mortgage Services Limited
Marine Midland Capital Markets Limited
Mortgage Express Limited
MTL Funding (Berkley) Limited
MTL Funding (Grosvenor) Limited
MTL Funding (Kensington) Limited
MTL Funding (Mayfair) Limited
MTL Funding (Richmond) Limited
MTL Funding (Westminster) Limited
National Bank of Canada
NHL Seventh Funding Limited
NHL Eighth Funding Limited
NHL Ninth Funding Limited
NHL Tenth Funding Limited
NHL Eleventh Funding Limited
NM Home Loans No. 2 Limited
NM Home Loans No. 3 Limited
NM Home Loans No. 4 Limited
NM Home Loans No. 5 Limited
Paribas Gold Mortgages Limited
Paribas Home Funding Limited
Paribas Home Loans Limited
Paribas Lombard Mortgages Limited
Paribas Mortgage Funding Limited
Paribas Mortgage Loans Limited
Paribas Platinum Mortgages Limited
Paribas Silver Mortgages Limited
Royal London Homebuy Limited
TAF Mortgage Administration Limited
TAF Mortgage Funding Limited
TAF Mortgage Systems Limited
Top-Up Mortgage Services Limited
The Nippon Credit Bank Limited
TMC Mortgage Securities No. 11 p.l.c.
TMC Mortgage Securities No. 12 p.l.c.
TMC Mortgage Securities No. 13 p.l.c.
TMC Mortgage Securities No. 14 p.l.c.
TMC Mortgage Securities No. 15 p.l.c.
4
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1987 shall be amended by omitting the words —
Mortgage Holdings (Berkley) Limited
Mortgage Holdings (Grosvenor) Limited
Mortgage Holdings (Kensington) Limited
Mortgage Holdings (Mayfair) Limited
Mortgage Holdings (Richmond) Limited
Mortgage Holdings (Westminster) Limited
.
Michael Neubert
Tony Durant
Two of The Lords Commissioners of Her Majesty’s Treasury
26th April 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1988 and shall come into force on 22nd September 1988.
2
1
In these Regulations:
“the Act of 1948 ” means the Merchant Shipping Act 1948;
“the Act of 1949 ” means the Merchant Shipping (Safety Convention) Act 1949;
“the Act of 1967 ” means the Merchant Shipping (Load Lines) Act 1967;
“the Act of 1970 ” means the Merchant Shipping Act 1970;
“the Act of 1979 ” means the Merchant Shipping Act 1979;
“the principal Act ” means the Merchant Shipping Act 1894 ; and
“tons” means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to the larger of those tonnages.
2
Subject to regulation 3 below the following Regulations are hereby revoked: —
the Merchant Shipping (Fees) Regulations 1987 ;
the Merchant Shipping (Fees) (Amendment) ( No. 2) Regulations 1987 ;
the Merchant Shipping (Fees) (Amendment) (No. 3) Regulations 1987 .
3
Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.
4
Where a fee is determined by the amount of work involved on or off the ship:
a
travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded;
b
travelling time includes the time taken to travel from the United Kingdom to a ship overseas subject to a maximum of 10 hours in any 24 hour period;
c
i
travelling time in the United Kingdom in respect of the survey of a fishing vessel under the Fishing Vessels (Safety Provisions) Rules 1975 and an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be disregarded;
ii
time spent by a surveyor in the office in respect of the survey for the renewal of a fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975, or an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall in either case be charged for at a flat rate of £90;
d
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
e
where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;
f
any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.
5
1
The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.
2
The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate.
3
Where a fee payable under these Regulations is for, or covers, the issue or endorsement of a certificate, the certificate need not be issued or endorsed unless that fee has been paid.
Paul Channon
Secretary of State for Transport
4th August 1988
We consent to and approve the making of these Regulations,
Michael Neubert
Tony Durant
Two of the Lords Commissioners of Her Majesty`s Treasury
22nd August 1988


text:
Citation and commencement
1
1
This Order may be cited as the Cleveland and Durham (County Boundaries) Order 1988.
2
This Order shall come into force on 12th January 1989 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1989.
Interpretation
2
In this Order “boundary map” means the map prepared by the Department of the Environment, marked “Map of the Cleveland and Durham (County Boundaries) Order 1988” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfer from Durham to Cleveland
3
The part of the county of Durham and the district and parish of Sedgefield which is marked A1 on the boundary map shall be transferred to —
a
the county of Cleveland and the Preston, Whitton and Wolviston electoral division of that county,
b
the borough of Stockton-on-Tees and the Whitton ward of that district;
c
the parish of Grindon;
d
the Teeside petty sessional division;
e
the Central Cleveland Coroner’s district.
Transfer from Cleveland to Durham
4
The part of the county of Cleveland, the borough of Stockton-on-Tees and the parish of Grindon which is marked A2 on the boundary map shall be transferred to —
a
the county of Durham and the Sedgefield electoral division of that county;
b
the district of Sedgefield and the Sedgefield ward of that district;
c
the parish of Sedgefield;
d
the Sedgefield petty sessional division;
e
the South Durham Coroner’s district.
Town and country planning
5
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan made or adopted by a county or district council which apply immediately before 1st April 1989 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by authority of the Secretary of State
Virginia Bottomley
Parliamentary Under Secretary of State,
Department of the Environment
12th December 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the routes described in Schedule 1 to this Order (the highway along these routes being in this Order referred to as “the main new trunk roads”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable, and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date is to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
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 HA10/2 SWM48 marked “The London — Penzance Trunk Road A30 (Penhale to Carland Cross Improvement and Slip Roads) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk road and the slip roads;
iii
“the trunk road”
means the London — Penzance Trunk Road (A30).
5
This Order shall come into force on 4th August 1988 and may be cited as the London — Penzance Trunk Road A30 (Penhale to Carland Cross Improvement and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
G.M. Wedd
Regional Director South West Region
Department of Transport
14th July 1988


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (Port of Tyne Authority) 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 Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 and 2 entitled “Maps referred to in the Tyne and Wear Development Corporation (Vesting of Land) (Port of Tyne Authority) 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 Secretary of State for Transport, The Port of Tyne Authority, the council of the borough of South Tyneside 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 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 Port of Tyne Authority, or in any local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
30th June 1988
Paul Channon
Secretary of State for Transport
30th June 1988


text:
Title, commencement and extent
1
This Order may be cited as the Welfare of Poultry (Transport) Order 1988, shall apply to Great Britain, and shall come into force on 30th May 1988.
Extension of definition of “poultry”
2
For the purposes of the Act in its application to this Order the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise quails.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“airport” means any place in Great Britain at which poultry are loaded into or unloaded out of an aircraft or at which an aircraft lands while carrying poultry;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“commander” means the member of the flight crew designated as commander of an aircraft by the operator thereof, or, failing such designation, the person who is for the time being the pilot in command of the aircraft;
“chicks” means poultry aged 72 hours or less;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to a person appointed by the Minister, includes a veterinary inspector;
“journey” means a journey undertaken by any poultry in Great Britain or, where part of a journey is undertaken outside Great Britain, as much of the journey as is undertaken in Great Britain;
“master” includes any person having charge or command of a vessel, other than a pilot;
“the Minister” and the “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“port” means any place in Great Britain at which poultry are loaded into or unloaded out of a vessel or at which a vessel calls while carrying poultry;
“poultry” means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails;
“receptacle” means a crate, box or other container used for the carriage of poultry which is not self-propelled and includes a crate, box or other container which forms part of a vessel, aircraft or vehicle;
“unfit” includes infirm, diseased, ill, injured and fatigued;
“vehicle” means —
in relation to the carriage of poultry by road, any vehicle (including a trailer of any description and the detachable body of a vehicle) constructed or adapted for use on a road, whether drawn or propelled by animal or mechanical power; and
in relation to the carriage of poultry by rail, rolling stock of any description;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
“vessel” includes a hovercraft and any means by which poultry are transported by water;
2
For the purposes of this Order, a journey undertaken by any poultry shall begin when a bird, or, where two or more birds are being transported together, the first of those birds, is loaded into a receptacle or vehicle (whichever is the earlier) and shall end when the bird or, as the case may be, the last bird, has been unloaded from the vehicle or receptacle (whichever is the later) at its final destination.
3
Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.
Poultry transported on vessels or aircraft to be contained in receptacles
4
1
Subject to paragraph (2) below, no person shall transport poultry on any vessel or aircraft unless the poultry are contained in a receptacle.
2
The prohibition in paragraph (1) above shall not apply where poultry are transported on a vehicle which itself is transported on a vessel.
Construction, fitting and maintenance of vessels, vehicles, receptacles, etc.
5
1
No person shall transport poultry on any vessel, aircraft or vehicle unless, in respect of that vessel, aircraft or vehicle (as the case may be) the following conditions are met —
a
any sharp edge or protrusion with which the poultry may come into contact is adequately padded or fenced off;
b
fixed or portable lighting is available to enable the poultry to be inspected;
c
the vessel, aircraft or vehicle is equipped so that any receptacle on it containing poultry can be secured in a way which will prevent the receptacle from shifting as a result of the motion of the vessel, aircraft or vehicle;
d
in the case of a vessel or aircraft carrying a vehicle containing poultry, the vessel or aircraft is equipped so that the vehicle can be secured in a way which will prevent it from shifting or overturning as a result of the motion of the vessel or aircraft; and
e
where a vehicle is carried by a vessel or aircraft the vehicle is equipped so that it can be secured in a way which will prevent it from shifting or overturning as a result of the motion of the vessel or aircraft.
2
No person shall use a receptacle for the transport of poultry on any vessel, aircraft or vehicle unless, in respect of that receptacle, the following conditions are met —
a
it is of such a strength, size and design as to protect the poultry from injury or unnecessary suffering while contained in it or while being loaded into, transported in or unloaded from it;
b
it is constructed so that it permits adequate ventilation and air space to be available to the poultry contained in it;
c
it is constructed so that it —
i
is easy to clean,
ii
is escape proof, and
iii
permits the poultry contained in it to be inspected;
d
it has no sharp edges or protrusions with which the poultry may come into contact;
e
it is labelled or marked —
i
so as to indicate the upright position, and
ii
with a statement or symbol to indicate that it contains live poultry;
f
it is constructed so that it can be effectively secured to the vessel, aircraft or vehicle or, if it is placed on or beneath another receptacle, to that receptacle which itself can be so secured;
g
it is constructed so that it prevents any protrusion of heads, legs or wings from it or through any partitions within it; and
h
it is at all times maintained in a good state of repair.
Protection of poultry during loading, unloading and transport
6
1
No person shall load poultry into or unload poultry from any vessel, aircraft, vehicle or receptacle or shall transport poultry on any vessel, aircraft or vehicle in a way which causes, or is likely to cause, the poultry injury or unnecessary suffering.
2
Any person in charge of poultry in a receptacle which are waiting to be loaded into a vessel, aircraft or vehicle or waiting to be unloaded from that receptacle or from a vessel, aircraft or vehicle, shall ensure that the poultry are not caused any injury or unnecessary suffering.
3
Without prejudice to the generality of paragraphs (1) and (2) above, it shall be the duty of any person in charge of any poultry during their journey to ensure that —
a
where necessary the poultry are sheltered from the action of the weather and, if appropriate, the sea;
b
the poultry are protected from exposure to undue fluctuations in temperature, humidity or air pressure;
c
the poultry are protected from undue exposure to noise or vibration;
d
the poultry have available to them an adequate supply of fresh air;
e
the poultry are not caused unnecessary suffering by a lack of food or water;
f
the poultry are not tied or bound by the neck, leg or wing;
g
the poultry are not lifted or carried by the head, neck, wing or tail;
h
the poultry are not carried in a sack or a bag;
i
the poultry are not overcrowded;
j
the poultry are inspected at appropriate intervals;
k
all necessary steps are taken to prevent poultry from being severely jolted or shaken;
l
all necessary steps are taken to prevent the poultry from escaping or falling from the vehicle or receptacle;
m
any receptacle is stowed in such a way as to allow adequate ventilation to the poultry;
n
any receptacle is kept upright;
o
where necessary for the protection of the poultry, any receptacle is kept effectively secured within the vessel, aircraft or vehicle or, if it is placed on or beneath another receptacle, to that receptacle which itself is so secured;
p
in that part of the vessel, aircraft or vehicle in which the poultry are being transported there are no substances of a solid, gaseous or liquid nature, goods, articles or equipment which may cause injury or unnecessary suffering to the poultry;
q
the poultry are transported in a vessel, aircraft, vehicle or receptacle which has been thoroughly cleaned; and
r
the poultry are transported to their destination as soon as possible and delays are minimised.
4
In this article “person in charge” includes the owner, consignor, consignee and carrier.
Protection of poultry during international transport
7
1
It shall be the duty of any person in charge of any poultry which are being transported on a vessel, aircraft or vehicle in the course of international transport to ensure that —
a
suitable food and, if necessary, water is available in adequate quantities, except that this requirement shall not apply in respect of —
i
poultry (whether adult or chicks) where their international transport lasts for less than 12 hours, or
ii
chicks where their international transport lasts for more than 12 but less than 24 hours and is completed within 72 hours of their being hatched;
b
if one receptacle containing poultry is placed on another, precautions are taken to prevent excreta falling on to the poultry below; and
c
in the case of the transport of poultry on a vehicle, the vehicle is equipped with a roof which will ensure that the poultry are effectively protected against the weather.
2
In this article —
a
“person in charge” includes the owner, consignor, consignee and carrier; and
b
“international transport” means any movement of poultry which involves, or is intended to involve, the crossing of a frontier.
Special provisions applicable to masters of vessels and commanders of aircraft
8
1
If, before a vessel leaves a port or an aircraft leaves an airport, the master of the vessel or the commander of the aircraft (as the case may be) has reason to believe that any poultry on the vessel or aircraft (as the case may be) are likely to be caused injury or unnecessary suffering in the course of transport as a result of anticipated weather conditions, he shall not transport the poultry.
2
If, in the course of transport on a vessel or aircraft any poultry are caused injury the master of the vessel or the commander of the aircraft (as the case may be) shall, if there are reasonable grounds for supposing that the poultry cannot be kept alive and landed without being caused unnecessary suffering, cause the poultry to be slaughtered in a humane manner.
Separation of poultry during transport
9
No person shall transport poultry on any vessel, aircraft or vehicle unless during their journey —
a
the poultry are separated according to species and sex, except that —
i
female poultry may travel with their broods,
ii
male and female chicks may travel together, and
iii
male and female poultry which are familar with one another may travel together;
b
chicks are separated from all other poultry, except that they may travel with their mother; and
c
the poultry are not transported in proximity to any creature which is likely to be hostile to them or the presence of which is likely to cause them unnecessary suffering.
Unfit poultry
10
Subject to article 15, no person shall transport poultry which are unfit on any vessel, aircraft or vehicle if, by reason of their unfitness, the poultry are likely to be caused any unnecessary suffering.
Poultry not to be loaded with carcases
11
No person shall load poultry and carcases of poultry together in a vehicle or receptacle.
Removal of carcases
12
Where any poultry die in the course of a journey while being transported in the same vessel, aircraft or vehicle as any other poultry, the person in charge of the dead poultry shall ensure that their carcases are removed as soon as practicable having regard to the welfare of the live poultry.
Records in respect of poultry carried by road
13
1
Any person who is for the time being in charge of a vehicle used for the transport of poultry by road shall make a record of such transport in the form specified in Schedule 1 or in a form substantially to the like effect.
2
That person shall ensure that —
a
each part of the record is completed in a permanent and legible form as soon as the information necessary to complete that part is available; and
b
while the vehicle is being used for the transport of poultry the record, or such part of the record as has for the time being been completed, is kept in the vehicle;
and he shall, on demand made by an inspector or by a constable at any reasonable time, produce such record or such part of the record as may for the time being have been completed and allow a copy thereof or an extract therefrom to be taken.
3
Where, in the course of a journey, any poultry are transferred from one vehicle to another, the person having charge of the poultry before the transfer takes place shall supply to the person taking charge of the poultry after the transfer such information as may be necessary to enable him to complete the record required to be made in accordance with paragraphs (1) and (2) above.
4
A person responsible for the management of a vehicle used for the transport of poultry by road shall ensure that every record which has been made in respect of any such transport in accordance with paragraphs (1) and (2) above is available at his office within 72 hours of the completion of the transport by the vehicle and is retained there for a period of 6 months from the date of such completion, and he shall, on demand made by an inspector at any reasonable time, produce such a record and allow a copy thereof or an extract therefrom to be taken.
Records in respect of poultry carried by rail
14
1
The owner or other person in charge of poultry transported by rail shall ensure that the receptacle containing the poultry bears a label containing the information specified in Schedule 2, such information being set out in a permanent and legible form.
2
The British Railways Board or other railway company transporting poultry by rail shall —
a
make a record of the information contained on every label made for the purposes of paragraph (1) above;
b
keep such record at the railway station at which the poultry are unloaded and retain it there for a period of six months from the date of such unloading; and
c
produce such record to an inspector on demand being made by him at any reasonable time during that period and allow a copy thereof or an extract therefrom to be taken.
Powers of inspectors
15
1
If an inspector has reasonable grounds for supposing that any poultry loaded in or waiting to be loaded into, a vessel, aircraft, vehicle or receptacle are being caused injury or unnecessary suffering or are likely to be caused injury or unnecessary suffering if transported he may, by notice in writing served on the person in charge of the poultry or, in the case of a vessel, on the master of the vessel, or, in the case of an aircraft, on the commander of the aircraft —
a
in the case of poultry which have been loaded, require the poultry to be unloaded at such place, in such manner and within such time as may be specified in the notice; or
b
in the case of poultry waiting to be loaded, prohibit the loading of the poultry for an unlimited period or for such period as may be specified in the notice or permit the loading of the poultry subject to such conditions as may be specified in the notice.
2
Where an inspector has reasonable grounds for supposing that any poultry loaded in a vessel, aircraft or vehicle are likely, by reason of being unfit, to be caused injury or unnecessary suffering if transported therein, he may, by notice in writing served on the person in charge of the poultry or on the carrier of the poultry or his agent, or, in the case of poultry on a vessel, on the master of a vessel or, in the case of poultry on an aircraft, on the commander of the aircraft, require the poultry to be unloaded forthwith from the vessel, aircraft or vehicle and removed to such place as may be specified in the notice and detained there pending their examination by a veterinary inspector.
3
A person on whom a notice has been served under paragraph (2) above shall provide such reasonable assistance and comply with such requirements as necessary to enable a veterinary inspector to examine the poultry to which the notice relates after they have been detained.
4
A notice served under paragraph (2) above may require the person on whom it is served to transport the poultry in a vessel, aircraft or vehicle to such place as may be specified in the notice prior to the poultry being unloaded and detained there.
5
If, after examining any poultry in pursuance of paragraph (2) above, a veterinary inspector is satisfied that the poultry are likely, by reason of being unfit, to be caused unnecessary suffering if transported he may, by notice in writing served on the person on whom the notice under paragraph (2) was served —
a
prohibit the transport of the poultry for an unlimited period or for such period as may be specified in the notice; or
b
permit such transport subject to such conditions as may be specified in the notice.
Exemptions
16
1
Articles 5(2)(e) (labelling of receptacles), 13 and 14 (records in respect of poultry carried by road and rail) shall not apply —
a
to the transport of any consignment of less than 50 birds; or
b
to the transport of poultry within the boundaries of any farm, holding or agricultural premises by the owner or person in charge of the farm, holding or agricultural premises, his employees or by any other person authorised in that behalf by the owner or person in charge.
2
Article 13 shall not apply to the transport of any poultry within the boundaries of a railway station, port or airport.
Expenses
17
The amount of any expenses reasonably incurred by an inspector in the exercise of any power conferred on him by article 15 shall be recoverable as a civil debt by the appropriate Minister or by the local authority (as the case may be) from the owner of the poultry in respect of which the power was exercised.
Action in default
18
If any person fails to do anything required to be done by him by or under any of the provisions of this Order, an officer of the appropriate Minister or an inspector of a local authority may, without prejudice to any proceedings for an offence arising out of such default, do or cause to be done the thing so required to be done, and the amount of any expenses reasonably incurred by an officer of the appropriate Minister or by an inspector of a local authority in doing so shall be recoverable as a civil debt by the appropriate Minister or by the local authority (as the case may be) from the person in default.
Enforcement
19
This Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Offences
20
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
contravenes any provision of this Order or any provision of a notice served under it; or
b
fails to comply with any such provision or with any condition of any such notice; or
c
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Amendment
21
1
In the Poultry (Exposure for Sale) Order of 1937 , after article 1 there shall be inserted the following article —
1A
It shall be the duty of a person in charge of any poultry which are exposed for sale or which are in a market or other place where poultry are habitually exposed for sale to ensure that —
a
the poultry are protected, as far as practicable, from exposure to bad weather or excessive heat;
b
the poultry are not tied by the legs;
c
the poultry are not carried head downwards; and
d
where the poultry are confined in a receptacle, that receptacle —
i
is of such a strength, size and design as to protect the poultry from injury or unnecessary suffering, and
ii
is constructed so that it permits adequate ventilation and airspace to be available to the poultry.
.
2
In article 3(1) of the Transit of Animals (General) Order 1973 (interpretation), at the end of the definition of “poultry” there shall be added the following words —
, other than domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails;
.
Revocation
22
The Conveyance of Live Poultry Order of 1919 is hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th May 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
5th May 1988
Peter Walker
Secretary of State for Wales
6th May 1988


text:
1
This Order may be cited as the Banking Act 1987 (Commencement No. 3) Order 1988.
2
Section 38 of the Banking Act 1987 (which relates to reports of large exposures) shall come into force on 1st April 1988.
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1988


text:
1
This Order may be cited as the Ports (Finance) Act 1985 (Increase of Grants Limit) Order 1988, and shall come into force on the day after the day on which it is made.
2
The Ports (Finance) Act 1985 (Increase of Grants Limit) Order 1986 is hereby revoked.
3
The aggregate amount of grants made under section 1 of the Ports (Finance) Act 1985 (grants to the National Dock Labour Board for the purpose of reducing the number of registered dock workers) and referred to in subsection (3) of that section shall not exceed 27 million.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
28th January 1988
We approve the making of this Order
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1988, and shall come into force on 1st January 1989.
2
In this Order —
“ the Act ” means the Social Security Pensions Act 1975;
“revaluation period” and “revaluation year” have the same meaning as in section 52A(2) of the Act.
Revaluation percentage
2
For the purposes of section 52A and 52B of, and Schedule 1A to, the Act, and in respect of the revaluation year beginning on 1st January 1988, the revaluation percentage in respect of a revaluation period set out in column 1 of the Schedule to this Order shall be the percentage set opposite that period in column 3 of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
6th December 1988


text:
Title and commencement
1
This Order may be cited as the River Lunan Catchment Area Protection (Renewal) Order 1988 and shall come into force on 7th October 1988.
Interpretation
2
In this Order —
“the 1983 Order ” means the River Lunan Catchment Area Protection Order 1983( );
“the 1986 Order ” means the River Lunan Catchment Area Protection (Renewal) Order 1986( ).
Renewal of Order
3
The 1986 Order is hereby renewed.
Prohibition
4
During the period from 7th October 1988 to 6th October 1991, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1983 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
T J Kelly
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
6th October 1988


text:
1
This Order may be cited as the Dartford — Thurrock Crossing Tolls Order 1988 and shall, in accordance with section 17(11) of the Dartford — Thurrock Crossing Act 1988, come into force on 1st September 1988.
2
The classes of vehicles in respect of which tolls may be levied under the Dartford — Thurrock Crossing Act 1988 are set out in column (1) of the Schedule to this Order. The amounts of the tolls leviable in respect of those classes of vehicles shall be those set out opposite thereto in column (2) of that Schedule.
Paul Channon
Secretary of State for Transport
1st August 1988


text:
1
These Regulations may be cited as the Town and Country Planning (Tree Preservation Order) (Amendment) Regulations 1988 and shall come into force on 30th June 1988.
2
For paragraph (b) of Article 5 of the form of tree preservation order contained in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969 there shall be substituted —
b
in the case of trees, other than trees comprised in a group of trees or in a woodland, that the trees have an outstanding or special amenity value; or
c
in the case of trees which are comprised in a group of trees or in a woodland, that the group of trees or the woodland, as the case may be, has an outstanding or special amenity value,
but a certificate shall not be given in the case of trees falling within (c) above if the application in respect of them has been referred by the Forestry Commissioners under section 15(1)(b) or 15(2)(a) of the Forestry Act 1967 .
.
Nicholas Ridley
Secretary of State for the Environment
25th May 1988
Peter Walker
Secretary of State for Wales
26th May 1988


text:
Title and commencement
1
This Order may be cited as the Tayside and Grampian Regions and Angus and Kincardine and Deeside Districts (River North Esk) 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 1” means the map prepared by the Scottish Office, marked “Map 1 of the Tayside and Grampian Regions and Angus and Kincardine and Deeside Districts (River North Esk) Boundaries Amendment Order 1988” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office, marked “Map 2 of the Tayside and Grampian Regions and Angus and Kincardine and Deeside Districts (River North Esk) Boundaries Amendment Order 1988” 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 changes 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 changes
4
1
Those areas of Kincardine and Deeside District in Grampian Region, being the Area A and the Area C described in Part I of the Schedule to this Order and shown delineated, hatched and marked “Area A” and “Area C” on boundary map 1, shall be transferred to Angus District in Tayside Region.
2
Those areas of Angus District in Tayside Region, being the Area B1, the Area B2, the Area D and the Area E described in Part II of the Schedule to this Order and shown delineated, hatched and marked “Area B1” and “Area B2” on boundary map 1 and “Area D” and “Area E” on boundary map 2, shall be transferred to Kincardine and Deeside District in Grampian Region.
Consequential changes of electoral arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the Area A transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 53 (Mearns) of Grampian Region( ) and of ward 9 (Mearns South and St Cyrus) of Kincardine and Deeside District( ); and
b
shall form part of electoral division 6 (Montrose North Esk) of Tayside Region( ) and of ward 11 (Montrose North) of Angus District( ).
2
Area C described in Part I of the Schedule to this Order (being the Area C transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 53 (Mearns) of Grampian Region and of ward 9 (Mearns South and St Cyrus) of Kincardine and Deeside District; and
b
shall form part of electoral division 6 (Montrose North Esk) of Tayside Region and of ward 12 (Hillside) of Angus District.
3
Area B1 described in Part II of the Schedule to this Order (being the Area B1 transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 6 (Montrose North Esk) of Tayside Region and of ward 11 (Montrose North) of Angus District; and
b
shall form part of electoral division 53 (Mearns) of Grampian Region and of ward 9 (Mearns South and St Cyrus) of Kincardine and Deeside District.
4
Area B2 described in Part II of the Schedule to this Order (being the Area B2 transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 6 (Montrose North Esk) of Tayside Region and of ward 12 (Hillside) of Angus District; and
b
shall form part of electoral division 53 (Mearns) of Grampian Region and of ward 9 (Mearns South and St Cyrus) of Kincardine and Deeside District.
5
Area D and Area E described in Part II of the Schedule to this Order (being the Area D and Area E transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 6 (Montrose North Esk) of Tayside Region and of ward 12 (Hillside) of Angus District; and
b
shall form part of electoral division 53 (Mearns) of Grampian Region and of ward 10 (Mearns West and Marykirk) of Kincardine and Deeside District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
29th February 1988


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cotswold Cable Television Company Limited) Order 1988 and shall come into force on 17th November 1988.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Trade and Industry
17th October 1988


text:
PART 1
GENERAL
1
This Order may be cited as the EUTELSAT (Immunities and Privileges) Order 1988. It shall come into force on the date on which the Protocol on the Privileges and Immunities of the European Telecommunications Satellite Organisation (EUTELSAT) opened for signature at Paris on 13th February 1987 (hereinafter referred to as the Protocol) enters into force in respect of the United Kingdom. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
1
For the purposes of this Order, the official activities of the European Telecommunications Satellite Organisation (hereinafter referred to as the Organisation) means the activities carried out by the Organisation within the framework of its objectives as defined in the Convention on the European Telecommunications Satellite Organisation “EUTELSAT” , opened for signature at Paris on 15th July 1982 (hereinafter referred to as the Convention).
2
In this Order –
“United Kingdom national” means a person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British National (Overseas);
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
“staff member” means the Director General and any other staff member recruited by the Organisation who is employed exclusively by it, paid by it, and is subject to its Staff Regulations;
“Party” means a State for which the Convention is in force or has been provisionally applied;
“Signatory” means the telecommunications entity or the Party that has signed the Operating Agreement relating to the European Telecommunications Satellite Organisation “EUTELSAT” , opened for signature at Paris on 15th July 1982 (hereinafter referred to as the Operating Agreement), and for which the Operating Agreement is in force or has been provisionally applied;
“archives” means all records belonging to or held by the Organisation such as documents, correspondence, manuscripts, photographs, computer programs, films and recordings;
“EUTELSAT space segment” has the meaning assigned to it in Article 1(h) of the Convention.
3
The EUTELSAT (Immunities and Privileges) Order 1984 is hereby revoked.
PART II
THE ORGANISATION
4
The Organisation is an organisation of which the United Kingdom and other sovereign Powers are members.
5
The Organisation shall have the legal capacities of a body corporate.
6
1
The Organisation shall, in the exercise of its official activities, have immunity from suit and legal process except in the following cases –
a
to the extent that the Director General shall have expressly waived such immunity in a particular case;
b
where a civil action is brought by a third party for damage arising from an accident caused by a motor vehicle or any other means of transport belonging to or operated on behalf of the Organisation, or in respect of a traffic offence involving such a vehicle or means of transport;
c
in the event of the attachment or, in Scotland, arrestment, pursuant to a final order of a court of law, of the salaries and emoluments including pensions, owed by the Organisation to a staff member or a former staff member;
d
in respect of a counter-claim directly connected with judicial proceedings instituted by the Organisation;
e
for the enforcement of an arbitration award made under Article XX of the Convention or Article 20 of the Operating Agreement.
2
Notwithstanding paragraph (1), the Organisation shall have immunity from suit and legal process in respect of actions brought by Parties or Signatories or persons acting for or deriving claims from any of them, relating to rights or obligations under the Convention or Operating Agreement.
3
The Organisation shall have immunity from all forms of search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, in relation to –
a
the EUTELSAT space segment, wherever located and by whomsoever held; and
b
all other property of the Organisation, wherever located and by whomsoever held, except in respect of:
i
attachment (or, in Scotland, arrestment) or execution in order to satisfy a final judgment or order of a court of law that relates to any proceedings brought against the Organisation pursuant to paragraph (1) of this Article;
ii
any action permitted by law in so far as it is temporarily necessary in connection with the prevention of or investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, the Organisation;
iii
expropriation in respect of real or, in Scotland, heritable, property for public purposes and subject to prompt payment of fair compensation, provided that such expropriation does not prejudice the functions and operations of the Organisation.
4
The Assembly of Parties of the Organisation may waive any of the privileges and immunities accorded to the Organisation under the preceding provisions of this Article or under Articles 7 to 12 of this Order.
7
The Organisation shall have the like inviolability in respect of its archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
8
Within the scope of its official activities, the Organisation shall have exemption from taxes on income and capital gains.
9
The Organisation shall have the like relief from rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
10
Within the scope of its official activities, the Organisation shall have exemption from duties (whether of customs or excise) and taxes on the importation by or on behalf of the Organisation of communications satellites and their component parts, of the EUTELSAT space segment, and of equipment for use in the EUTELSAT space segment or imported in connection with the launching of satellites for that use, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
11
The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Organisation and acquired by it, or on its behalf, within the scope of its official activities and in the case of official publications of the Organisation imported or exported by it.
12
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax and value added tax paid on the purchase of new motor cars of United Kingdom manufacture and of value added tax paid on the supply of other goods or services, whenever the Organisation makes major purchases which are necessary for the performance of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
REPRESENTATIVES
13
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the Party which they represent, representatives of Parties shall enjoy, while performing their official functions and in the course of their journeys to and from the place of performance of those functions –
a
immunity from any form of arrest or detention and from seizure of their personal luggage, except in the case of a grave crime, or when they are found committing, attempting to commit or just having committed a criminal offence;
b
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the performance of their official functions, except in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to or driven by a representative or in respect of a traffic offence involving such a vehicle and committed by him; and
c
the like inviolability for all official papers and documents that are related to the official activities of the Organisation as is accorded to diplomatic agents.
2
Except in so far as in any particular case any privilege or immunity is waived by the Government of the Party whose Signatory they represent, representatives of Signatories shall enjoy, while performing their official functions in relation to the work of the Organisation and in the course of their journeys to and from their place of work, the like immunity as is described in paragraph (1)(b) of this Article and the like inviolability for all official papers and documents that are related to the official activities of the Organisation as is described in paragraph (1)(c) of this Article.
3
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than alternate representatives and advisers.
4
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family of a representative, alternate representative or adviser.
5
Neither the provisions of the preceding paragraphs of this Article, nor those of Part IV of Schedule 1 to the Act, shall operate so as to confer –
a
any privilege or immunity on any person as the representative of the United Kingdom, or as the representative of the Signatory designated by the United Kingdom, or as the alternate representative or the adviser of such a person, or as a member of his staff; or
b
any entitlement to the immunity described in paragraph 1(a) of this Article on any person who is a United Kingdom national and or a permanent resident of the United Kingdom.
6
In this Article, “grave crime” has the same meaning as in section 1(2) of the Consular Relations Act 1968
PART IV
STAFF MEMBERS
Director General
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Board of Signatories of the Organisation, the Director General shall enjoy –
a
immunity from arrest or detention except when found committing, attempting to commit or just having committed a criminal offence;
b
the like immunity from suit and legal process as is accorded to a diplomatic agent, except in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to or driven by him, or in respect of a traffic offence involving such a vehicle and committed by him, subject to paragraph (a) above; and
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent, as if in that paragraph the reference to paragraph 1 of that Article were a reference to Article 15(b) of this Order,
provided that this paragraph shall not apply to any person who is a United Kingdom national or who is a permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family of a staff member to whom this Article applies.
Staff Members
15
Except in so far as in any particular case any privilege or immunity is waived by the Director General of the Organisation or, in the case of the Director General, by the Board of Signatories of the Organisation, all staff members shall enjoy –
a
immunity from suit and legal process (even after they have left the service of the Organisation) in respect of acts, including words written or spoken, done by them in the performance of their official functions, except in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to or driven by a staff member, or in respect of a traffic offence involving such a vehicle and committed by him;
b
unless they are United Kingdom nationals or permanently resident in the United Kingdom, the like exemption from duties (whether of customs or excise) and taxes on the importation of furniture and personal effects (including one motor car each) which –
i
at or about the time when they first enter the United Kingdom to take up their posts as officers of the Organisation are imported for their personal use, and
ii
are articles which were in their ownership and possession or which they were under contract to purchase, immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of 1961 Convention Articles is accorded to a diplomatic agent;
c
as from the date on which the salaries and emoluments paid by the Organisation to staff members of the Organisation become subject to taxation by the Organisation for its benefit, exemption from income tax in respect of such salaries and emoluments, provided that nothing in this paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources; and
d
provided that the Organisation has established a social security scheme, which the Secretary of State considers to provide adequate benefits, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland –
i
services rendered for the Organisation by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
PART V
EXPERTS
16
Except in so far as in any particular case any immunity or privilege is waived by the Director General, experts (other than staff members of the Organisation) appointed to carry out a specific task for or on behalf of the Organisation and at its expense shall, while performing their functions in relation to the work of the Organisation and in the course of their journeys to and from the place of their mission, enjoy –
a
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the performance of their official functions, except in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to or driven by an expert or in respect of a traffic offence involving such a vehicle and committed by him; and
b
the like inviolability in respect of all official papers and documents that are related to the official activities of the Organisation as is accorded to a diplomatic agent.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 1988 and shall come into force on 11th April 1988.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered Part, Regulation or Schedule is a reference to the Part, Regulation or Schedule bearing that number in the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 6
2
In regulation 6 (date of claim) —
1
in paragraph (1) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (3) and (4)”;
2
paragraph (2) shall be omitted;
3
after paragraph (2) there shall be inserted the following paragraphs —
3
In the case of a claim for income support, family credit or a social fund payment for maternity or funeral expenses, where the time for claiming is extended under regulation 19 the claim shall be treated as made on the first day of the period in respect of which the claim is, by reason of the operation of that regulation, timeously made.
4
Paragraph (3) shall not apply when the time for claiming income support or family credit has been extended under regulation 19 and the failure to claim within the prescribed time for the purposes of that regulation is for the reason only that the claim has been sent by post.
.
Amendment of regulation 16
3
In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate) —
1
after paragraph (1) there shall be inserted the following paragraphs —
1A
Where a claim for family credit is made in accordance with paragraph 7(a) of Schedule 4 for a period following the expiration of an existing award of family credit, entitlement shall begin on the day after the expiration of that award.
1B
Where a claim for family credit is made on or after the date when an up-rating order is made under section 63(2) of the Social Security Act 1986, but before the date when that order comes into force, and —
a
an award cannot be made on that claim as at the date it is made but could have been made if that order were then in force, and
b
the period beginning with the date of claim and ending immediately before the date when the order came into force does not exceed 28 days,
entitlement shall begin from the date the up-rating order comes into force.
;
2
for paragraph (3) there shall be substituted the following paragraph —
3
For the purposes of this regulation the first day of the benefit week —
a
in the case of child benefit is Monday,
b
in the case of family credit is Tuesday, and
c
in any other case is the day of the week on which the benefit is payable in accordance with regulation 22 (long-term benefits).
;
3
in paragraph (4) the references to “attendance allowance” and to “family credit” shall be omitted.
Amendment of regulation 17
4
In regulation 17 (duration of awards), after paragraph 1 there shall be inserted the following paragraph —
1A
Where an award of income support is made in respect of a married or unmarried couple (as defined in section 20(1) of the Social Security Act 1986) and one member of the couple is, at the date of claim, a person to whom section 23 of that Act applies, the award of benefit shall cease when the person to whom section 23 applies returns to work with the same employer.
Amendment of regulation 19
5
In regulation 19 (time for claiming benefit) —
1
in paragraph (2) for the words “paragraphs (4) and (5)” there shall be substituted the words “paragraph 4”;
2
paragraph (5) shall be omitted.
Amendment of regulation 26
6
In regulation 26(4), for the reference to “section 23(8)” there shall be substituted a reference to “section 23A ”.
Amendment of regulation 35
7
For regulation 35 there shall be substituted the following regulation —
Deductions from benefit and direct payment to third parties
35
1
Deductions may be made from benefit and direct payments may be made to third parties on behalf of a beneficiary in accordance with the provisions of Schedule 9.
2
Where a social fund payment for maternity or funeral expenses is made, wholly or in part, in respect of a debt which is, or will be, due to a third person, the instrument of payment may be, and in the case of funeral expenses shall be, made payable to that person and it may, in any case, be delivered or sent to that person as a direct payment.
.
Amendment of Schedule 1
8
In Schedule 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative), in column (2) after the words “A retirement pension of any other category” there shall be added the words “or graduated retirement benefit ”.
Amendment of Schedule 4
9
In Schedule 4 (prescribed times for claiming benefit), in paragraph 10 after the words “benefit under” there shall be inserted the words “section 60 of the Social Security Act 1975 on grounds of special hardship or”.
Amendment of Schedule 7
10
In Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases) —
1
in paragraph 2(d) for the reference to “section 23(8)” there shall be substituted a reference to “section 23(A)”;
2
in paragraph 4 —
a
for the words “In paragraph 3” there shall be substituted the words “In this Schedule”;
b
after the definition of “benefit week” there shall be inserted the following definition —
“ Income Support Regulations ” means the Income Support (General) Regulations 1987
;
3
in paragraph 6 —
a
in sub-paragraph (2), for the words “Subject to sub-paragraphs (3) and (4)” there shall be substituted the words “Subject to sub-paragraphs (2A) and (3)”;
b
after sub-paragraph (2) there shall be inserted the following sub-paragraph —
2A
Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such a week entitlement shall commence on the date of claim.
;
c
for sub-paragraph (3) there shall be substituted the following sub-paragraph —
3
In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation.
;
d
sub-paragraph (4) shall be omitted;
e
for sub-paragraph (5) there shall be substituted the following sub-paragraphs —
5
If a claim is made by a claimant within 3 days of the date on which he became resident at a resettlement unit or at a place provided by a voluntary organisation for purposes similar to the purposes for which resettlement units are provided by the Secretary of State or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of that rehabilitation, then it shall be treated as having been made on the day he became so resident.
5A
In the preceding paragraph “resettlement unit” means accommodation provided under section 30 of and paragraph 2 of Schedule 5 to the Supplementary Benefits Act 1976 .
;
4
for paragraph 7 there shall be substituted the following paragraph —
7
1
Subject to the following sub-paragraphs, where the amount of income support payable under an award is changed because of a change of circumstances that change shall have effect —
a
where income support is paid in arrears, from the first day of the benefit week in which the change occurs; or
b
where income support is paid in advance, from the date of the change of circumstances if that is the first day of the benefit week and otherwise from the next following such day.
2
In the cases set out in sub-paragraph (3) the change shall have effect from the date of the change of circumstances.
3
The cases referred to in sub-paragraph (2) are where —
a
income support is paid in arrears and entitlement ends for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986;
b
a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of a local authority or detained in custody) lives with the claimant for part only of the benefit week;
c
a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations) or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;
d
a person referred to in paragraphs 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations either —
i
ceases to be a patient, or
ii
a member of his family ceases to be a patient,
in either case for a period of less than a week;
e
either —
i
a person referred to in paragraphs 4 or 5 of Schedule 7 to the Income Support Regulations enters board and lodging accommodation (as defined in regulation 20(2) of those regulations), or
ii
a member of his family enters such accommodation;
f
a person to whom section 23 of the Social Security Act 1986 applies either —
i
becomes incapable of work by reason of disease or bodily or mental disablement, or
ii
enters the maternity period (as defined in section 23(2) of that Act);
g
during the currency of a claim the claimant makes a claim for a relevant social security benefit and as a result his benefit week changes.
4
Where, in the cases set out in sub-paragraphs (3)(b) to (f), the circumstances which have caused the award to be changed cease to apply and the award is changed again that second change of circumstances shall take effect from the date of the second change.
5
Where income is treated as paid on a particular day under regulation 31(1)(b) or (2) of the Income Support Regulations (date on which income is treated as paid) any change of circumstances resulting from that payment shall have effect on the day on which it was treated as paid.
6
Where the change of circumstances requires a reduction in the amount of income support then, if the Secretary of State certifies that it is impracticable to give effect to that reduction from any date specified in the previous sub-paragraphs then, except where sub-paragraph (3)(g) or (5) applies, the change shall have effect from the first day of the following benefit week.
.
Amendment of Schedule 9
11
In Schedule 9 (deductions from benefit and direct payment to third parties) —
1
in paragraph 1, after the definition of “family” there shall be inserted the following definition —
“5 per cent. of the personal allowance for the single claimant aged not less than 25” and “10 per cent. of the personal allowance for the single claimant aged not less than 25” means, in each case, where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. or that 10 per cent. as the case may be to the next higher such multiple;
;
2
in sub-paragraphs 3(2)(a) and 6(2)(a), the words in parenthesis shall be omitted;
3
in sub-paragraphs 5(5), 6(6) and 8(2) for the reference to “heads (a) to (f)” there shall be substituted a reference to “heads (a) to (e)”.
Savings
12
After regulation 48 there shall be added the following regulation —
Savings
49
1
Notwithstanding the repeal of the Family Income Supplements Act 1970 and of provisions of the Supplementary Benefits Act 1976 , those Acts and the Regulations made thereunder shall continue to apply to any claim for family income supplement or supplementary benefit whether made before or after the coming into force of these Regulations.
2
In this regulation —
“family income supplement” means benefit under the Family Income Supplements Act 1970;
“supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
16th March 1988


text:
1
1
These Regulations may be cited as the Legal Aid (Assessment of Resources) (Amendment) Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations, a Schedule referred to by number means the Schedule so numbered to the Legal Aid (Assessment of Resources) Regulations 1980 .
2
After rule 4 of Schedule 2, there shall be inserted the following —
5
In computing the disposable income of the person concerned, there shall be disregarded income support paid under the Social Security Act 1986.
.
3
For rule 6 of Schedule 2, there shall be substituted the following —
6
There shall be disregarded —
a
attendance allowance paid under the Social Security Acts 1975 — 1986;
b
mobility allowance paid under the Social Security Acts 1975 — 1986;
c
constant attendance allowance paid as an increase to a disablement pension under section 61 of the Social Security Act 1975 ; and
d
any payment made out of the social fund under section 32 of the Social Security Act 1986.
.
4
For rule 7(d) of Schedule 2, there shall be substituted the following —
d
the amount of any contribution paid, whether under a legal obligation or not, to an occupational pension scheme within the meaning of the Social Security Pensions Act 1975 or to a personal pension scheme within the meaning of the Social Security Act 1986.
.
5
For rule 9(4) of Schedule 2, there shall be substituted the following —
4
Where any amount of the rent or rates is met by a rebate or allowance under Part II of the Social Security and Housing Benefits Act 1982 , by any rate rebate or by housing benefit under the Social Security Act 1986, the amount so met shall be deducted from the rent to be considered under paragraph (1) of this rule.
.
6
For rule 11(1)(b) of Schedule 2, there shall be substituted the following —
b
in the case of a dependent child or a dependent relative, at a rate equivalent to 25 per cent above the amount specified for the time being in paragraph 2 of Part I of Schedule 2 to the Income Support (General) Regulations 1987 appropriate to the age of the child or relative.
.
7
After rule 6 of Schedule 3, there shall be inserted the following —
6A
In computing the amount of capital of the person concerned where that person is in receipt of income support under the Social Security Act 1986, there shall be disregarded any amount which exceeds the sum for the time being specified in section 9(1)(b) of the Act .
6B
In computing the amount of capital of the person concerned, there shall be wholly disregarded any payment which is made out of the social fund under section 32 of the Social Security Act 1986.
.
Mackay of Clashfern, C.
Dated 8th March 1988
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 10th March 1988


text:
1
This Order may be cited as the Estate Duty (Interest on Unpaid Duty) Order 1988 and shall come into force on 6th August 1988.
2
The rate of interest payable under the following enactments, namely —
a
section 18 of the Finance Act 1896 ;
b
section 61(5) of the Finance (1909 — 10) Act 1910 ; and
c
section 17(3) of the Law of Property Act 1925 and section 73(6) of the Land Registration Act 1925 ,
shall, as regards interest accruing on or after 6th August 1988, be 8 per cent. per annum.
3
Section 8(9) of the Finance Act 1894 shall, as regards interest accruing on or after 6th August 1988, have effect with the substitution of the word “eight” for the word “six”.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1988


text:
Citation and commencement
1
This Order may be cited as the Port of London (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the Authority” means the Port of London Authority;
“the port” means the area within the limits as described in Schedule 1 to the Port of London Act 1968 ;
“the signed plan” means the plan, prepared for the purpose of identification only, signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Authority situated at 3 Tilbury Gardens, Tilbury, Essex RM18 7NH.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Authority shall have jurisdiction for the purposes of pilotage shall include (in addition to the port): —
a
The area within the seaward limit described in paragraph 1 of Schedule 1 tothe Port of London Act 1968 but excluded from the port by virtue ofparagraph 2(f) of that Schedule and section 2(2) of the Territorial Sea Act 1987 being the area outlined in blue on the signed plan; and
b
Such waters outside the above mentioned area as lie within lines drawn: —
i
from Gunfleet Old Lighthouse in position latitude 51° 46'.08 N, longitude 01° 20'.53 E, in an easterly direction to Long Sand Head, in position latitude 51° 48'N, longitude 01° 40'E, and
ii
thence from Long Sand Head in a south westerly direction to a position latitude 51° 36'N, longitude 01° 23'.08 E,
being the area outlined in yellow on the signed plan.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
19th September 1988


text:
1
This Order may be cited as the County of Dyfed (Electoral Arrangements) Order 1988.
2
This Order shall come into force on 4th May 1989 except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force forthwith.
3
1
The existing electoral divisions of the County of Dyfed shall be abolished and that County shall be divided into seventy electoral divisions which shall bear the names set out in column 1 of the Schedule to this Order, and each electoral division shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each electoral division constituted by this Order shall be one.
4
The ordinary elections of all councillors for the County of Dyfed shall be held simultaneously on the ordinary day of election of county councillors in 1989 and every fourth year thereafter.
5
Each registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd December 1988


text:
1
1
These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
In these Regulations“the principal regulations” means the Prosecution of Offences (Custody Time Limits) Regulations 1987 .
2
1
In paragraph (2) of regulation 3 of the principal regulations (application) at the end of the list of counties there shall be inserted the following —
Cheshire
Clwyd
Cornwall
Devon
Dorset
Dyfed
Gloucestershire
Greater Manchester
Gwent
Gwynedd
Hampshire
Isle of Wight
Mid Glamorgan
Powys
South Glamorgan
West Glamorgan
Wiltshire
.
2
This regulation shall not apply in relation to proceedings for an offence instituted before the date of commencement of these Regulations, except where the accused is committed on or after that date for trial in the Crown Court.
3
1
In paragraphs (2)(a) and (4)(a) of regulation 4 of the principal regulations (custody time limits in magistrates' courts) for“98” there shall be substituted in both places“84”.
2
This regulation shall not apply in relation to proceedings for an offence instituted before the date of commencement of these Regulations.
4
1
In paragraph (1) of regulation 5 of the principal regulations (custody time limits in the Crown Court) at the end of the list of places there shall be inserted the following —
Barnstaple
Bodmin
Bolton
Bournemouth
Caernarfon
Cardiff
Carmarthen
Chester
Coventry
Devizes
Dolgellau
Dorchester
Dudley
Exeter
Gloucester
Haverfordwest
Knutsford
Manchester
Merthyr Tydfil
Mold
Newport (Gwent)
Newport (Isle of Wight)
Plymouth
Portsmouth
Salisbury
Southampton
Swansea
Swindon
Taunton
Warrington
Welshpool
Winchester
.
2
This regulation shall not apply in relation to a person committed before the date of commencement of these Regulations for trial in the Crown Court or against whom a bill of indictment is preferred before that date under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 .
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
8th February 1988


text:
Title and commencement
1
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1988.
2
Regulations 4 and 7 of these regulations shall come into force on 31st March 1988 and all other regulations thereof shall come into force on 1st April 1988.
Interpretation
2
In these Regulations “the principal regulations” means the Dairy Produce Quotas Regulations 1986 .
Amendment of the principal regulations
3
The principal regulations shall be amended in accordance with the following provisions.
Regions
4
1
After paragraph (3) of regulation 6 of the principal regulations there shall be inserted —
3A
Where in respect of a quota year the direct sales quota allocated within a region is reduced in relation to the preceding quota year, the quota so subtracted shall be satisfied from all persons with direct sales quota in that region in proportion to the direct sales quota of each at the beginning of the quota year.
2
For paragraph (6) of regulation 6 of the principal regulations there shall be substituted —
6
The Minister may at any time reallocate the national wholesale quota among the regions, and where such reallocation is unable to be achieved by the transfer of wholesale quota between running regional reserves, may reduce the regional wholesale quota allocated for a region, the reduction being satisfied from all persons in that region with wholesale quota in proportion to the wholesale quota of each person at the start of the quota year and may pay compensation to persons whose entitlement to quota is so reduced and shall announce these arrangements by advertisement published in the Gazette.
.
Transfer of quota
5
For regulation 8 of the principal regulations there shall be substituted —
Transfer of quota
8
1
For the purposes of Article 7 of Council Regulation 857/84 and Article 5 of the Commission Regulation (transfer of quota when any holding is sold, leased or transferred by inheritance) on a transfer of any holding or part of a holding, other than an exempt transfer, the transferee shall within two months of the change of occupation of the holding or part of a holding notify in writing to the Minister —
a
the date of the change of occupation;
b
the holding or part of a holding transferred,
and shall submit such other evidence relating to the transfer, and within such time, as the Minister may reasonably require.
2
Where there is a transfer of the entirety of a holding it shall be presumed that the transferee intends to deliver dairy produce from the holding by wholesale delivery to the purchasers named, and in the proportions listed, in the transferor’s entry in the wholesale register.
3
Where there is a transfer of part of a holding —
a
an apportionment of the quota relating to the holding shall be carried out in accordance with Parts I and III of Schedule 4, and
b
dairy produce previously sold by direct sale or delivered by wholesale delivery from the holding in the quota year in which the change of occupation takes place shall be deemed, for the purpose of any levy or Formula B contribution, to have been sold or delivered from each part of the holding proportionally in accordance with that apportionment.
4
Subject to paragraph (5), this regulation shall not apply to the following —
a
a licence to occupy land,
b
the tenancy of any land under which a holding, or part of a holding, in England or Wales is occupied for a period of less than ten months,
c
the lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than eight months,
d
the tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than twelve months,
e
the tenancy or lease of any land under which part of a holding is occupied for a term of less than one year, where the area occupation of which changes —
i
in respect of a holding in Northern Ireland, is no larger than 40 hectares and is less than three quarters of the area of the holding as previously constituted; or
ii
in respect of a holding other than in Northern Ireland, is no larger than 5 hectares and is less than one quarter of the area of the remainder of the holding,
f
the termination of a tenancy or a lease to which sub-paragraph (b), (c), (d) or (e) applies.
5
Where a person, occupying land under an agreement to which paragraph (4)(e) applies, lawfully continues in occupation at a date one month after the termination of his interest in the land so occupied, this regulation shall apply.
6
Part II of Schedule 4, which makes provision as to the prospective apportionment of quota, shall have effect.
7
The Minister may provide such forms as he reasonably considers to be necessary for the purposes of this regulation.
8
For the purposes of this regulation “exempt transfer” means an agreement to which paragraph (4) applies.
Management of Quota
6
For regulation 11 of the principal regulations there shall be substituted —
Management of Quota
11
1
For the purposes of article 5c(1a) of Council Regulation 804/68 (temporary transfers of quotas) and subject to paragraph (2) a producer may make a temporary transfer within one region of part of the wholesale quota registered as his to another producer for a period of one quota year.
2
Where there is an agreement to make a temporary transfer of quota pursuant to paragraph (1) the transferee shall before 31st July in the quota year in question give notification to the Minister of the agreement and of such particulars as the Minister may reasonably require.
3
For the purposes of article 8 of Council Regulation 857/84 (Management of wholesale quotas by purchasers) a purchaser and a producer may agree a change, within one region, in the identification of that producer’s holding, and if the Minister receives —
a
a notification that an agreement has been made, such notification being signed by or on behalf of both parties to the agreement,
b
a consent or sole interest notice, signed by or on behalf of the producer above referred to, in respect of such a change, and
c
such other particulars as the Minister may reasonably require —
that change shall have effect in relation to that producer’s wholesale quota.
Temporary reallocation of quota
7
After regulation 11 of the principal regulations there shall be inserted —
Temporary reallocation of quota
11A
1
For the purposes of Formula B, where a producer has quota registered as his in relation to a holding which is in whole or in part subject to a notice prohibiting or regulating the movement of dairy cows pursuant to an Order made under the Animal Health Act 1981 or the Diseases of Animals (Northern Ireland) Order 1981 the provisions of this regulation shall apply.
2
Subject to paragraph (3) a producer to whom this regulation applies may be awarded a temporary reallocation of unused quota for any quota year in which the notice has effect, either calculated at a rate of 15 litres per qualifying cow per qualifying day in any quota year, or equal to the amount by which in the quota year in question his production exceeds his quota entitlement, whichever sum is less.
3
Any award of a temporary reallocation of unused quota is subject to the following conditions: —
a
the total amount of quota temporarily reallocated to producers under paragraph (2) above from the purchaser quota of any purchaser shall not exceed 15 per cent of the total amount of unused quota available to that purchaser in any quota year and the Minister shall, to the extent that it is necessary so to do, abate in whole or in part each such temporary reallocation accordingly;
b
a producer who transfers quota under regulation 8, or who makes a temporary transfer of quota under regulation 11(1), or purchases cows or in-calf heifers for dairy purposes, shall not be entitled to receive in the same quota year an award under paragraph (2) above unless the Minister is satisfied the agreeement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (1) above refers.
4
for the purposes of this regulation —
“cow” includes a heifer that has calved;
“eligible heifer” means any heifer, which, at the date of service of the notice to which paragraph (1) refers, was on land subject to the notice and which calves for the first time on a day when the notice has effect;
“qualifying cow” means any eligible heifer which calves at a time when the number of eligible heifers exceeds the replacement number;
“qualifying day” means, in respect of any qualifying cow, the day it calves and each day or part of a day thereafter during which the notice has effect;
“replacement number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice as at the date of service of the notice.
Reallocation of unused quota
8
In regulation 14 of the principal regulations (reallocation of unused quota) the words “in respect of the quota year ending 31 March 1986” shall be omitted.
Amendment of Schedules
9
1
For Schedules 1, 2 and 3 to the principal regulations there shall be substituted the Schedules set out in the Schedule to these Regulations.
2
In paragraph 1(a) of Schedule 4 to the principal regulations for the words “21 days” there shall be substituted the words “two months” and in paragraph 9(2)(a) there shall be substituted for the figure “7” the figure “8”.
3
In paragraph 1(2) of Schedule 17 to the principal regulations the words “70 per cent of” shall be omitted.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th March 1988.
John Selwyn Gummer
Minister of State, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
15th March 1988


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1988 and shall come into force on 8th June 1988.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Social Security Pensions Act 1975 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule hereto by the percentage of their amount shown opposite the said tax years in the said Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary-Under Secretary of State,
Department of Health and Social Security
11th May 1988


text:
1
1
This Order may be cited as the Customs Duties (Portugal) Order 1988 and shall come into force on 10th August 1988.
2
In this Order–
“relevant goods” means goods which, at the time of their importation into the United Kingdom, are entitled to benefit from the progressive reduction of customs duties in trade between Portugal and the other member States of the European Communities as constituted on 31st December 1985 by virtue of the provisions of Title III of Part Four of the Act annexed to the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and the European Atomic Energy Community, signed at Madrid and Lisbon on 12th June 1985, and to the Decision of the Council of the European Communities of 11th June 1985 on the accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community ;
references to a heading or subheading are references to a heading or subheading of the Combined Nomenclature of the European Economic Community ;
references in Schedule 1 or 3 to this Order to a rate of duty, unless otherwise stated, are references to a rate calculated as a percentage of the value of the goods;
references to the weight of any goods, unless otherwise stated, are references to their net weight, and “gross” in relation to the weight of any goods means inclusive of the weight of any earth or any other growing medium in which the goods are imported and of any container in or on which they are made up;
where symbols or abbreviations are used for units of measurement they are those authorised by the Weights and Measures (Quantity Marking and Abbreviations of Units) Regulations 1987 except that the symbol “hl” is used for the unit “hectolitre”; and
“ ECU ” means European Currency Unit as defined in Council Regulation ( EEC ) No. 3180/78 and any amount expressed as a number of ECUs shall be converted to sterling at such rate as may be required by the customs rules of the European Communities .
3
This Order does not impose or increase any customs duty or restrict any relief from customs duty otherwise than in pursuance of a Community obligation.
2
1
Subject to paragraph (2) and articles 3, 4, 5 and 6(1) below, from 10th August 1988 up to and including 31st December 1995, where in relation to any relevant goods which fall within a heading or subheading specified in column 1 of Schedule 1 to this Order a rate of customs duty is shown in column 3 as from 10th August 1988 or as from 1st January in any subsequent year, then, on the importation into the United Kingdom of any of those goods during the relevant period, there shall be charged a duty of customs at the rate so shown for that period.
2
If the entry “O” appears in the said column 3 in relation to any relevant goods for any period, no customs duty shall be charged on the importation into the United Kingdom of any of those goods during that period or any subsequent year.
3
From 10th August 1988 up to and including 31st December 1995 no customs duty shall be charged on any relevant goods which fall within subheading specified in column 1 of Schedule 2 to this Order and are of a description specified in column 2.
4
Subject to articles 5 and 6(1) below, from 10th August 1988 up to and including 31st December 1995, where in relation to any relevant goods which fall within a subheading specified in column 1 of Schedule 3 to this Order and are of a description specified in column 2 a rate of customs duty is shown in column 3 as from 10th August 1988 or as from 1st January in any subsequent year, then, on the importation into the United Kingdom of any of those goods during the relevant period, there shall be charged a duty of customs at the rate so shown for that period instead of any higher rate shown in column 3 of Schedule 1 in relation to the goods in respect of that period.
5
In the case of any goods to which article 2 or 4 applies, where in accordance with any directly applicable Community provision the rate of duty chargeable is lower than the rate chargeable under those Articles or is nil, customs duty shall be chargeable on the importation of the goods into the United Kingdom at the lower rate.
6
1
Where a period of time or a description of goods is specified in column 2 of Schedule 1 or 3 to this Order in relation to any heading or subheading, the duty provided for in relation to that heading or subheading by article 2 or 4 above shall apply only during that period or to goods of that description as the case may be.
2
Any description of goods in column 2 of Schedule 1, 2 or 3 to this Order shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a subheading.
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 1988


text:
Citation and commencement
1
1
This Order may be cited as the Highland Regional Council (Loch an t-Seana Bhaile) (Amendment) Water Order 1988 and shall come into force on 18th January 1988.
2
This Order and the County of Ross and Cromarty (Loch an t-Seana Bhaile) Water Order 1962 (hereinafter referred to as Amendment of the principal Order
2
In article 5(2)(a) of the principal Order for the expression “10,000 gallons” there shall be substituted the expression “103 cubic metres (22,600 gallons)” .
Miscellaneous
3
The Highland Regional Council shall at all times after the expiration of six months from the date on which this Order comes into force keep a copy thereof at the office of the Chief Executive of the Council.
Alasdair C Paton
Deputy Chief Engineer, Scottish Office
New St Andrew’s House,
Edinburgh
11th January 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing Benefit (Permitted Totals) Order 1988 and shall come into force on 1st April 1988.
2
In this Order —
“housing benefit” means rate rebate, rent rebate or rent allowance, as the circumstances may require;
“ Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Permitted totals of benefit
2
For the purpose of section 28(9) of the Social Security Act 1986, the permitted total of rebates or allowances for any year in relation to an authority shall be the amount obtained by deducting 100% of any increases in housing benefit granted during that year by that authority under regulation 69(8) of the Housing Benefit Regulations (additional amount of benefit in exceptional circumstances) from the total housing benefit granted by that authority during that year and multiplying the resultant figure by 100.1%.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
9th March 1988