text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Government Reorganisation (Property etc) (No. 2) Order 1989 and shall come into force on 31st October 1989.
2
In this Order “the Residuary Body” means the London Residuary Body.
Property at Albert Embankment, London SE1
2
1
On 30th January 1990 the interests of the Residuary Body in the following properties shall vest in the London Fire and Civil Defence Authority –
a
Queensborough House, 12 to 18 Albert Embankment, London, SE1, registered at Her Majesty’s Land Registry under title number SGL 57118;
b
21 Albert Embankment, London, SE1, registered at Her Majesty’s Land Registry under title numbers SGL 159029 and SGL 27559;
c
Part of 20 Albert Embankment, London, SE1, registered at Her Majesty’s Land Registry under title number SGL 27558;
d
the North Wing of the fifth floor of 20 Albert Embankment, London, SE1 as described in an Underlease dated 12th December 1978 and made between Town Investments Limited and the Greater London Council for a term expiring on 22nd March 1998; and
e
66 spaces for the parking of motor vehicles in the car park adjoining 20/21 Albert Embankment, London SE1 as described in a licence dated 1st September 1966 and made between the Cementation Company Limited and the Greater London Council.
2
On 30th January 1990 the interests of the Residuary Body in part of the ground floor and the second floor of 20 Albert Embankment, London, SE1, registered at Her Majesty’s Land Registry under title number SGL 38308 shall vest in the London Waste Regulation Authority.
3
Subject to paragraph (4) –
a
immediately before 30th January 1990 the Residuary Body shall set aside from its direct capital receipts the sum of £5 million; and
b
on 30th January 1990 the Residuary Body shall –
i
transfer £3.6 million of that sum to the London Fire and Civil Defence Authority; and
ii
transfer the remaining £1.4 million to the London Waste Regulation Authority.
4
a
The sums referred to in paragraph (3)(b) shall be reduced by such amounts as the Residuary Body may certify have been expended by it after 1st September 1989 on or in connection with works to the properties transferred, in the case of the sum referred to in paragraph (3)(b)(i), by paragraph (1), and in the case of the sum referred to in paragraph (3)(b)(ii), by paragraph (2); and
b
the sum referred to in paragraph (3)(a) shall be reduced by the total of the amounts so certified.
5
the money transferred by virtue of paragraphs (3) and (4) shall be applied by the authorities to whom it is transferred only –
a
for defraying expenditure on or in connection with works to the properties transferred by paragraphs (1) and (2); and
b
for defraying expenditure on or in connection with their relocation into those properties.
6
For the purposes of paragraph (3) “direct capital receipts” has the same meaning as in article 2(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1989 .
Greenwich and Woolwich Foot Tunnels
3
1
a
All interests of the Residuary Body in the Greenwich Foot Tunnel which runs beneath the River Thames at Greenwich Reach shall vest jointly in the councils of the London Boroughs of Greenwich and Tower Hamlets;
b
all interests of the Residuary Body in the Woolwich Foot Tunnel which runs beneath the River Thames at Woolwich Reach shall vest jointly in the councils of the London Boroughs of Greenwich and Newham;
c
the functions of the Greater London Council under the Thames Tunnel (Greenwich to Millwall) Act 1897 shall vest jointly in the councils of the London Boroughs of Greenwich and Tower Hamlets; and
d
the functions of the Greater London Council under the Thames Tunnel (North and South Woolwich) Act 1909 shall vest jointly in the councils of the London Boroughs of Greenwich and Newham.
2
a
Subject to paragraph (3), immediately before 30th March 1990 the Residuary Body shall set aside from its direct capital receipts the sum of £1.75 million; and
b
On 30th March 1990 the Residuary Body shall transfer that sum to the council of the London Borough of Greenwich as trustee for the councils of the London Boroughs of Greenwich, Tower Hamlets and Newham.
3
The sum referred to in paragraph (2) shall be reduced by such amount as the Residuary Body may certify has been expended by it on or in connection with works of improvement or repair to the property transferred by paragraphs (1)(a) and (b) between 1st July and 31st December 1989.
4
The money transferred by virtue of paragraphs (2) and (3) shall be applied for defraying expenditure only on or in connection with works of improvement or repair to the property transferred by paragraphs (1)(a) and (b).
5
For the purposes of paragraph (2) “direct capital receipts” has the same meaning as in article 2(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1989.
Continuity of the exercise of functions
4
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Greater London Council or the Residuary Body in the exercise of or in connection with a function which by virtue of article 3 becomes the function of the London Boroughs of Greenwich, Tower Hamlets or Newham, shall, so far as is required for continuing its effect after this Order comes into force, have effect as if done by or in relation to the London Boroughs of Greenwich, Tower Hamlets or Newham, as the case may be.
2
Any pending action or proceeding may be amended in such manner as may be appropriate in consequence of paragraph (1).
Grants to Voluntary Organisations
5
All remaining interests, rights and liabilities of the Residuary Body arising from or under grant agreements in respect of land between the Greater London Council and the bodies specified in Column 1 of Schedule 1 to this Order shall vest in the London Borough council specified in Column 2.
Highways Subsoil
6
All interests of the Residuary Body in the subsoil of existing highways acquired for highways purposes on or before 1st April 1974 by the Greater London Council or its predecessors, other than those specified in Schedule 2 to this order, shall vest in
a
the London Borough council in whose area such subsoil is situated; or
b
where such subsoil is situated in their area, in the Common Council of the City of London.
Land at Tower Hill, London EC2
7
All the interests of the Residuary Body in the property described in Column 1 to Schedule 3 to this Order shall vest in the London Borough of Tower Hamlets or in the Common Council of the City of London as specified in Column 2.
Other Property
8
All the interests of the Residuary Body in the property described in Schedule 4 to this Order shall vest in the local authority in whose area it is situated.
Rights and Liabilities
9
1
Subject to paragraph (2), all rights and liabilities of the Residuary Body acquired or incurred exclusively in connection with any property or interest transferred by this Order shall vest in the authority to which such property or interest is transferred.
2
The following rights and liabilities of the Residuary Body shall not transfer under paragraph (1) –
a
those arising under or in relation to any contract which provides for works of refurbishment to be carried out to or in connection with the properties transferred by article 2;
b
those arising under Orders of the High Court of Justice, Chancery Division made on 11th May 1989 under references CH 1988 L7617 and CH 1988 L7124 in actions between the Residuary Body and the authorities to which property is transferred by article 2 or under any amendment or revision of those Orders; and
c
those arising under any agreement entered into after 1st September 1989 under which the Residuary Body undertakes –
i
to carry out works of refurbishment to 20 Albert Embankment London SE1 or to defray any part of the cost of such works; or
ii
to indemnify the authorities to which that property is transferred by article 2 in respect of any liability of theirs to pay for the cost of such works.
Chris Patten
Secretary of State for the Environment
22nd September 1989


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Sludge (Use in Agriculture) Regulations 1989, and shall come into force on 1st September 1989.
2
Nothing in these Regulations shall affect the circumstances in which sludge may be deposited on land in accordance with regulations made under Part I of the Control of Pollution Act 1974 .
Interpretation
2
1
In these Regulations–
“agriculture” means the growing of all types of commercial food crops, including for stock-rearing purposes, and cognate words shall be construed accordingly;
“agricultural unit” means an area of agricultural land used for a single agricultural purpose, not exceeding 5 hectares;
“dedicated site” means an area of agricultural land which on 17th June 1986 was dedicated to the disposal of sludge but on which commercial food crops were being grown exclusively for animal consumption;
“the operative date” means 1st September 1989;
“sludge” means residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters;
“septic tank sludge” means residual sludge from septic tanks and other similar installations for the treatment of sewage;
“sludge producer” means any person who manages a plant at which sludge is produced for disposal;
“the sludge table” means the table set out in Schedule 1;
“the soil table” means the table set out in Schedule 2;
“treated sludge” means sludge or septic tank sludge which has undergone biological, chemical or heat treatment, long-term storage or any other appropriate process so as significantly to reduce its fermentability and the health hazards resulting from its use, and“untreated sludge” shall be construed accordingly; and
“use” means spreading on the soil or any other application on or in the soil, and“used” shall be construed accordingly.
2
In these Regulations, references to a numbered regulation or Schedule are references to the regulation or Schedule bearing that number in these Regulations.
Prohibition on use or supply of sludge
3
1
No person shall cause or knowingly permit sludge to be used on agricultural land unless the following requirements are fulfilled; and no person shall supply sludge for use on agricultural land if he knows or has reason to believe that the requirements of paragraph (6) below will not be fulfilled when the sludge is so used, or that the precautions set out in regulation 4 will not be observed after such use.
2
The sludge shall be tested in accordance with Schedule 1.
3
The soil on the land shall be tested or assessed in accordance with Schedule 2.
4
Unless the land is a dedicated site:–
a
the average annual rate of addition to the land by means of the sludge of any of the elements listed in column (1) of the sludge table shall not exceed the limit (in kilograms per hectare per year) specified in column (2) thereof; and
b
the concentration in the soil of any of the elements listed in column (1) of the soil table shall not exceed the limit specified in column (2) thereof; and where that limit is not exceeded at the time of the use, it shall not be exceeded by reason of the use.
5
The pH value of the soil shall not be less than 5.
6
No fruit or vegetable crops, other than fruit trees, shall be growing or being harvested in the soil at the time of the use.
7
The sludge shall be used in such a way that account is taken of the nutrient needs of the plants and that the quality of the soil and of the surface and ground water is not impaired.
Precautions to be taken after sludge is used
4
1
Where any sludge or septic tank sludge has been used on agricultural land, no person shall cause or knowingly permit the activities specified in column (1) of the Table below to be carried out on that land before the expiry of the period specified in column (2) thereof.
TABLE
(1) (2) Activity Period
Grazing animals or harvesting forage crops Three weeks commencing on the date of the use Harvesting fruit and vegetable crops which are grown in direct contact with the soil and normally eaten raw Ten months commencing on the date of the use
2
Where any untreated sludge has been used on land without being injected into the soil, the occupier of the land affected shall, as soon as reasonably practicable thereafter, cause such sludge to be worked into the soil of the land affected.
Information to be supplied to sludge producer
5
Where sludge has been used on any land, other than by or on behalf of the sludge producer, the occupier of that land shall forthwith provide the following information to the sludge producer:–
a
the address and area of the agricultural unit concerned;
b
the date on which the sludge was used;
c
the quantity of sludge so used; and
d
where the occupier has used sludge not supplied by the sludge producer, the name and address of the person who supplied that sludge, and the quantity of sludge so used which was supplied by that person.
Register to be kept by sludge producer
6
1
Every sludge producer shall prepare and maintain a register containing the following particulars:–
a
the total quantity of sludge produced in any year;
b
in relation to sludge supplied for the purpose of use in agriculture in any year:–
i
the total quantity of sludge supplied;
ii
the composition and properties of that sludge as determined in accordance with Schedule 1;
iii
the quantities of treated sludge supplied, and the type of treatment;
iv
the names and addresses of the persons to whom the sludge was supplied; and
v
the address and area of each agricultural unit on which sludge has been used, the quantity of sludge used thereon, and the amount of each of the elements listed in the sludge table which have been added thereto;
c
a copy of every analysis or assessment made under Schedule 2, or in accordance with advice given for the purposes of regulation 8(4)(a), relating to the soil of an agricultural unit on which sludge has been used; and
d
a copy of any advice issued for the purposes of regulation 8(4)(b).
2
In this regulation“year” means the period from the operative date to December 31st 1989, and thereafter the period of twelve months commencing on January 1st.
Supply of information about sludge
7
1
A sludge producer shall make the register maintained under regulation 6 available for inspection by the Secretary of State at all reasonable times; and shall furnish the Secretary of State with such information or facilities as he may reasonably require relating to (or to verifying the information contained in) the register or otherwise relating to sludge supplied by the sludge producer, including facilities for analysis of representative samples of sludge or soil.
2
As soon as reasonably practicable after testing sludge in accordance with Schedule 1, the sludge producer shall provide details of the analysis made under that Schedule to all persons to whom the sludge producer supplies sludge.
Dedicated sites
8
1
In this regulation“occupier” means the occupier of a dedicated site.
2
Every sludge producer shall notify the Secretary of State in writing as soon as may be after the operative date of the address and area of every dedicated site to which he supplies sludge.
3
The occupier shall not grow any commercial food crops thereon other than crops intended for animal consumption.
4
Where the concentration of any of the substances listed in column (1) of the soil table in the soil of an agricultural unit forming part of a dedicated site exceeds (or if sludge were used would exceed) the concentration in milligrams per kilograms of dry matter specified for that substance in column (2) of that Table, the occupier shall not:–
a
use sludge on that unit; or
b
sell or offer for sale any crop grown on that unit;
except in accordance with advice in writing from:–
i
in England, the Minister of Agriculture Fisheries and Food;
ii
in Wales, the Secretary of State for Wales; or
iii
in Scotland, the Secretary of State for Scotland.
Penalties
9
Any person who contravenes any of the foregoing regulations shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Nicholas Ridley
Secretary of State for the Environment
21st July 1989
Peter Walker
Secretary of State for Wales
24th July 1989
James Douglas-Hamilton
Parliamentary Under-Secretary of State, Scottish Office
24th July 1989


text:
1
This Order may be cited as the Value Added Tax (Self-supply of Construction Services) Order 1989 and shall come into force on 1st April 1989.
2
In this Order “ the Act ” means the Value Added Tax Act 1983.
3
1
Where a person, in the course or furtherance of a business carried on by him, for the purpose of that business and otherwise than for a consideration, performs any of the following services, that is to say–
a
the construction of a building; or
b
the extension or other alteration of, or the construction of an annexe to, any building such that additional floor area of not less than 10 per cent of the floor area of the original building is created; or
c
the construction of any civil engineering work; or
d
in connection with any such services as are described in sub-paragraph (a), (b) or (c) above, the carrying out of any demolition work contemporaneously with or preparatory thereto,
then, subject to each of the conditions specified in paragraph (2) below being satisfied, those services shall be treated for the purposes of the Act as both supplied to him for the purpose of that business and supplied by him in the course or furtherance of it.
2
The conditions mentioned in paragraph (1) above are that–
a
the value of such services is not less than £100,000; and
b
such services would, if supplied for a consideration in the course or furtherance of a business carried on by a taxable person, be chargeable to tax at a rate other than nil.
3
The preceding provisions of this article shall apply in relation to any bodies corporate which are treated for the purposes of section 29 of the Act as members of a group as if those bodies were one person, but anything done which would fall to be treated by virtue of this Order as services supplied to and by that person shall be treated as supplied to and by the representative member.
4
1
The value of any supply of services which is to be treated as taking place by virtue of this Order is the open market value of such services.
2
Where any services of a description specified in article 3(1) above are in the process of being performed on the day this Order comes into force, the value of such services for the purposes of this Order shall be the value of such part of those services as are performed on or after that day.
Kenneth Carlisle
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1989


text:
Citation, commencement, application and extent
1
1
These Regulations may be cited as the Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1989 and shall come into force on the third day after the day on which they are made.
2
These Regulations apply in the case of –
a
any application under section 2 of the Electric Lighting Act 1909 for consent to construct or extend a generating station on any land;
b
any application under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 for consent to place an electric line other than a service line above ground;
c
any application under section 1 of the Pipe-lines Act 1962 for a pipe-line construction authorisation in respect of a pipe-line which is intended to convey oil or gas; or
d
any application under section 3 of the Pipe-lines Act 1962 for a pipe-line diversion authorisation in respect of a pipe-line which is or has been used to convey oil or gas,
which is received by the Secretary of State on or after the date on which these Regulations come into force.
3
These Regulations –
a
so far as they apply in relation to applications of the kind referred to in sub-paragraphs (a) and (b) of paragraph (2), extend throughout England and Wales;
b
so far as they apply in relation to applications of the kind referred to in sub-paragraphs (c) and (d) of paragraph (2), extend throughout Great Britain.
Interpretation
2
1
In these Regulations, unless the contrary intention appears –
“the 1899 Act ” means the Electric Lighting (Clauses) Act 1899;
“the 1909 Act ” means the Electric Lighting Act 1909;
“the 1962 Act ” means the Pipe-Lines Act 1962;
“development” means the carrying out of building, engineering or other operations in, on, over or under land in pursuance of any application to which these Regulations apply;
“electric line” has the same meaning as in section 32 of the Electric Lighting Act 1882 ;
“environmental information” means the environmental statement prepared by the applicant, any representations made by any body required by these Regulations to be consulted, and any representations duly made by any other person about the likely environmental effects of a proposed development;
“environmental statement” means such a statement as is described in the Schedule to these Regulations;
“generating station” has the same meaning as in section 36 of the Electricity (Supply) Act 1919 ;
“local planning authority”, in relation to an application for a section 2 consent or a section 10(b) consent, has the meaning assigned to it by section 34(1A) of the Electricity Act 1957 , and, in relation to an application for a pipe-line authorisation, has the meaning assigned to it by paragraph 8 of Schedule 1 to the 1962 Act;
“pipe-line authorisation” means a pipe-line construction authorisation under section 1 of the 1962 Act in respect of a pipe-line which is intended to convey oil or gas or a pipe-line diversion authorisation under section 3 of the 1962 Act in respect of a pipe-line which is or has been used to convey oil or gas;
“section 2 consent” means a consent under section 2 of the 1909 Act for the construction or extension of a generating station;
“section 10(b) consent” means a consent under section 10(b) of the Schedule to the 1899 Act for consent to place any electric line other than a service line above ground.
2
Except where the context otherwise requires, in these Regulations any reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Prohibition of grant of consent or authorisation without consideration of environmental information
3
1
Subject to paragraph (2), the Secretary of State shall not grant –
a
a section 2 consent;
b
a section 10(b) consent; or
c
a pipe-line authorisation,
unless the Secretary of State shall first have taken the environmental information into consideration.
2
In relation to –
a
an application for consent falling within paragraph (1)(a) to construct a non-nuclear generating station with a heat output of less than 300 megawatts, or to extend a non-nuclear generating station which, after completion of the works of extension, will have a heat output of less than 300 megawatts; or
b
an application for consent or authorisation falling within paragraph (1)(b) or (1)(c),
an environmental statement shall be required only where, in relation to the application, the Secretary of State determines that in his opinion the proposed development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.
Opinion of Secretary of State in advance of application
4
1
A person who is minded to apply –
a
for a section 2 consent falling within subparagraph (a) of regulation 3(2) above;
b
for a section 10(b) consent; or
c
for a pipe-line authorisation,
may make a written request to the Secretary of State for his opinion as to whether, in relation to the application, the Secretary of State would wish to take an environmental statement into account.
2
A request made pursuant to paragraph (1) shall be accompanied by –
a
a plan sufficient to identify the land the subject of the proposed application;
b
a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;
c
such further information or representations as the person making the request may wish to provide or make.
3
The Secretary of State, on receiving a request under paragraph (1) shall, if he considers that he has not been provided with sufficient information to give an opinion on the questions raised, notify the person making the request of the particular points on which he requires further information.
4
When the Secretary of State considers that he has sufficient information he shall consult the local planning authority within whose area the land the subject of the proposed application is situated, unless the person making the request under paragraph (1) has already conveyed the authority’s views to the Secretary of State.
5
A local planning authority shall give its views to the Secretary of State within three weeks of the date on which it was consulted under paragraph (4).
6
The Secretary of State shall respond to a request under paragraph (1) within three weeks of whichever is the latest of –
a
the date of the receipt of the request by the Secretary of State;
b
the date of receipt by him of further information pursuant to a notice under paragraph (3);
c
the receipt by him of the views of the local planning authority under paragraph (4),
or within such longer period as may be agreed in writing with the person making the request.
7
Where the Secretary of State expresses an opinion to the effect that an environmental statement is required, the Secretary of State shall provide with the opinion a written statement giving his full reasons for his conclusion.
Application made without statement
5
1
Where an application is made to the Secretary of State –
a
for any section 2 consent not falling within paragraph (a) of regulation 3(2) above; or
b
for any section 2 consent falling within the said paragraph (a) or for any section 10(b) consent, in a case where the Secretary of State determines that consideration of an environmental statement is required,
but the application is not accompanied by an environmental statement, the Secretary of State shall, within three weeks beginning with the date of receipt of the application, or such longer period as the Secretary of State may agree with the applicant in writing, notify the applicant in writing that the submission of an environmental statement is required, giving his full reasons for his view.
2
Where an application is made to the Secretary of State for a pipe-line authorisation, and –
a
the application is not accompanied by an environmental statement;
b
the Secretary of State determines that consideration of an environmental statement is required; and
c
the Secretary of State gives notice to the applicant under paragraph 2 of Schedule 1 to the 1962 Act that the application is to be allowed to proceed,
the Secretary of State shall also notify the applicant in writing that the submission of an environmental statement is required, giving his full reasons for his view.
3
The applicant may within three weeks beginning with the date of notification mentioned in paragraph (1) or paragraph (2) write to the Secretary of State to inform him that he proposes to provide an environmental statement.
4
If the applicant takes no action in accordance with paragraph (3) the consent or authorisation sought shall be deemed to be refused at the end of the three week period.
Publicity where an application is accompanied by an environmental statement
6
1
In any case where an applicant for–
a
a section 2 consent; or
b
a section 10(b) consent,
has provided the Secretary of State with an environmental statement, the applicant shall publish in two successive weeks in one or more newspapers circulating in the locality in which the land to which the application relates is situated a notice containing the information specified in paragraph (3).
2
In any case where –
a
an applicant for a pipe-line authorisation has provided the Secretary of State with an environmental statement; and
b
the Secretary of State has notified the applicant that the application is to be allowed to proceed,
the applicant shall include in the notices which he is required to publish and serve under paragraph 3 of Schedule 1 to the 1962 Act the information specified in paragraph (3).
3
A notice to which paragraph (1) or (2) applies –
a
shall describe the application in question and state that it is accompanied by an environmental statement;
b
shall give an address in the locality in which the land to which the application relates is situated at which copies of the environmental statement may be obtained, shall state that a copy may be obtained there while stocks last and, if a charge is to be made for a copy of the environmental statement, shall specify the amount of the charge.
4
A notice under paragraph (1) of this regulation may be combined with any other notice which the applicant may be required to publish in respect of his application.
5
In a case to which this regulation applies, the applicant shall ensure that a reasonable number of copies of the statement is available at the address specified pursuant to paragraph (3)(b) as the address at which such copies may be obtained.
Charges
7
A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of an environmental statement made available in accordance with regulation 6.
Further information and evidence respecting environmental statements
8
1
The Secretary of State, when dealing with an application in relation to which an environmental statement has been provided, may in writing require the applicant to provide such further information as may be specified concerning any matter which is required to be, or may be, dealt with in the environmental statement.
2
The Secretary of State may in writing require an applicant to produce such evidence as he may reasonably call for to verify any information in the applicant’s environmental statement.
Cecil Parkinson
Secretary of State for Energy
Dated 6th February 1989


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1989, shall come into force on 24th March 1989 and shall cease to have effect on 1st July 1989.
2
In this Order–
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the sea or the area known as CECAF Division 34.1.1 ( EC Zone) described in the Schedule hereto;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned.
Prohibition
2
Fishing for cod (Gadus morhua) –
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,is prohibited.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
4
The Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
22nd March 1989
Peter Walker
Secretary of State for Wales
19th March 1989
Tom King
Secretary of State for Northern Ireland
20th March 1989


text:
1
This Order may be cited as the Value Added Tax (Small Non-Commercial Consignments) Relief (Amendment) Order 1989 and shall come into force on 1st January 1990.
2
In article 3(2)(a) of the Value Added Tax (Small Non-Commercial Consignments) Relief Order 1986 for “£71” there shall be substituted “£75”.
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Collection Fund (England) Regulations 1989 and shall come into force on 13th December 1989.
Interpretation
2
In these Regulations–
“ the Act ” means the Local Government Finance Act 1988;
“charging authority” means an English charging authority;
“liabilities” means–
the liability of a charging authority to pay anything from its collection fund in respect of any precept issued under the Act, after taking into account any amount credited against that liability under section 71(6) of the Act or under regulations made under section 141A of the Act , and
the liability of such an authority to transfer anything from its collection fund under section 97 of the Act;
“relevant parish authority” in relation to a charging authority means–
a parish council,
a chairman of a parish meeting, and
charter trustees
having power to issue a precept to that charging authority;
“relevant precepting authority” in relation to a charging authority means each relevant parish authority and each relevant principal authority and in relation to the Common Council of the City of London includes each Temples authority;
“relevant principal authority” in relation to a charging authority means each precepting authority, other than a relevant parish authority or a Temples authority, which has power to issue a precept to that charging authority, and for the purposes of references in Part I of Schedule 1 to these Regulations to transfers to a relevant principal authority includes the charging authority itself;
“schedule of instalments” means a schedule prepared by a charging authority with respect to the times for and the number and amounts of payments or transfers from its collection fund in respect of its liabilities;
“Temples authority” means–
the sub-treasurer of the Inner Temple, and
the under-treasurer of the Middle Temple.
Discharge of liabilities
3
1
A charging authority shall in accordance with its schedule of instalments in relation to a financial year pay from its collection fund to its relevant precepting authorities, and transfer from its collection fund to its general fund or the City fund (as the case may be), such amount as will meet its liabilities for that year.
2
The requirement in paragraph (1) to make payments in accordance with a schedule of instalments does not apply where–
a
a substitute precept or calculation has been issued or made in relation to a financial year, and
b
that substitute precept or calculation has been issued or made on or after the day of the final instalment to be paid or transferred in accordance with the schedule of instalments in that financial year.
3
An amount paid or transferred by a charging authority in respect of the amount of its liabilities for a financial year shall be paid–
a
if the precept or calculation in respect of which that amount is being paid or transferred was issued or made before the end of that financial year, in that financial year,
b
in any other case, as soon as reasonably practicable after the issue of that precept or making of that calculation.
4
An amount paid or transferred by a charging authority in respect of the amount of its liabilities for a financial year, whether or not paid or transferred in accordance with a schedule of instalments, shall be treated as discharging those liabilities to the extent of the payment or transfer.
5
For the purposes of paragraph (4), an amount paid or transferred which–
a
was treated in accordance with that paragraph as discharging a charging authority’s liabilities, but which
b
was subsequently repaid or credited by the relevant precepting authority concerned under section 71(6) of the Act, or transferred under regulation 9,
shall, to the extent of the amount repaid or credited or transferred under regulation 9, cease to be treated as discharging those liabilities.
6
The references in paragraphs (1) and (2) to an authority’s schedule of instalments are references to the schedule of instalments determined by the authority in accordance with regulation 4, or where the authority has amended its schedule in accordance with regulation 6, to its schedule of instalments as it currently has effect.
Schedules of instalments
4
1
A charging authority shall determine a schedule of instalments in relation to each financial year beginning in or after 1990.
2
A charging authority shall determine a schedule of instalments under paragraph (1) before 31st January in the financial year preceding that to which the schedule will relate.
3
Subject to paragraph (4), a charging authority shall determine a schedule of instalments in accordance with the rules prescribed in Schedule 1 to these Regulations.
4
Where each relevant principal authority agrees before 31st January in the financial year preceding that to which a charging authority’s schedule of instalments will relate, a charging authority may determine a schedule of instalments otherwise than in accordance with one or more of the rules prescribed in paragraphs 1 to 5 of Schedule 1 to these Regulations, if the schedule satisfies the conditions specified in the following paragraph.
5
For the purposes of paragraph (4) and regulation 6(4) the conditions are that the schedule of instalments requires payments or transfers in at least two instalments the total of which will discharge the charging authority’s liabilities within the financial year to which it relates.
5
1
A charging authority shall, before 31st December in the financial year preceding that to which the schedule of instalments will relate, inform each relevant precepting authority of the schedule of instalments which it proposes to determine under regulation 4.
2
A charging authority shall, on or before 31st January in the financial year preceding that to which the schedule of instalments will relate, inform each relevant precepting authority of the schedule of instalments which it has determined under regulation 4.
3
A charging authority shall not determine a schedule of instalments under regulation 4 within 21 days of informing each relevant precepting authority under paragraph (1) of the schedule of instalments which it proposes to determine.
Amendment of schedules of instalments
6
1
A charging authority may, with the agreement of each relevant principal authority, from time to time amend a schedule of instalments in so far as it relates to future payments, and any such amendment shall have effect from such time as is specified in the amendment.
2
The power under paragraph (1) to amend a schedule of instalments does not extend to the amendment of any provision in so far as it relates to relevant parish authorities or the Temples authorities.
3
Subject to paragraph (4), an amended schedule of instalments shall satisfy the requirements of paragraphs 1 to 5 of Schedule 1 to these Regulations.
4
A schedule of instalments may be amended otherwise than in accordance with one or more of the rules prescribed in paragraphs 1 to 5 of Schedule 1 to these Regulations, if the amended schedule of instalments satisfies the conditions specified in regulation 4(5).
Interest on amount of instalments
7
1
A charging authority shall pay interest to a relevant precepting authority in respect of any amount which–
a
has become payable to that precepting authority in accordance with a schedule of instalments, but
b
has not been so paid.
2
Interest shall be payable under paragraph (1) on the amount outstanding for every day of the period beginning with the day on which the amount was due to be paid and ending with the day before the day on which it is paid.
8
1
Interest payable under regulation 7 in respect of an amount outstanding shall be calculated as the rate which is 2 per cent above the highest base rate quoted by members of the Committee of London and Scottish Bankers at any time in the period for which that interest is payable.
2
The interest shall be paid at the same time as the amount outstanding is paid.
Calculations under section 95(4) of the Act
9
1
Where–
a
a charging authority has made a substitute calculation under section 95(4) of the Act in relation to a financial year, and
b
an amount transferred under section 97 of the Act from that authority’s collection fund to its general fund or the City fund (as the case may be) in relation to that financial year would not have been so transferred had the result of the previous calculation or the last one made before the substitute calculation been the same as that of the substitute calculation,
that charging authority shall transfer from its general fund or the City fund to its collection fund the amount which would not have been so transferred.
2
The amount transferred under paragraph (1) above shall be transferred–
a
if the substitute calculation was made before the end of the financial year to which it relates, in that finanical year,
b
in any other case, on the day on which the substitute calculation is made.
Holdings and investments
10
1
Any sum paid into a charging authority’s collection fund which is not immediately required for the purpose of making payments or transfers from that fund shall be–
a
held in cash;
b
invested in a prescribed investment; or
c
transferred to the charging authority’s general fund or the City fund (as the case may be).
2
Any sum transferred under paragraph (1) from an authority’s collection fund to its general fund or the City fund shall be–
a
held in cash;
b
invested in a prescribed investment; or
c
used for the discharge of the authority’s functions.
3
A prescribed investment is an investment prescribed in Schedule 2 to these Regulations.
11
1
Where a sum has been transferred to its general fund or the City fund under regulation 10(1), a charging authority shall–
a
immediately retransfer the sum if such a retransfer is required to enable the authority to meet payments or transfers from its collection fund; and
b
otherwise retransfer the sum as and when it thinks fit.
2
Where an amount is retransfered under paragraph (1) there shall be transferred with it an additional sum representing interest on such amount calculated in accordance with regulation 12.
12
Interest on the amount retransferred shall be calculated for the purposes of regulation 11(2) for the period beginning with the date of its transfer from the collection fund under regulation 10 and ending with the day before the day on which the retransfer is made under regulation 11 at the 7 day London Interbank Offer Rate having effect immediately before the end of the day on which the transfer from the collection fund was made.
Chris Patten
Secretary of State for the Environment
11th December 1989


text:
Title and commencement
1
This Order may be cited as the Sea Fish Industry Authority (Levy) Regulations 1988 Confirmatory Order 1989 and shall come into force on 1st April 1989.
Confirmation
2
The Regulations are hereby confirmed and are set out in the Schedule to this Order.
Revocation
3
The Sea Fish Industry Authority (Levy) Regulations 1982 Confirmatory Order 1982 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
2nd March 1989
Peter Walker
Secretary of State for Wales
9th March 1989
Tom King
Secretary of State for Northern Ireland
2nd March 1989


text:
1
This Order may be cited as the Education (Higher Education Corporations) (No. 7) Order 1989 and shall come into force on 15th January 1990.
2
There shall be established, as from 15th January 1990, a body corporate by the name of Gloucestershire College of Arts and Technology (Higher Education) to conduct, as from 1st April 1990, the institution known by that name being an institution which appears to the Secretary of State to satisfy the criteria set out in section 122(1) of the Education Reform Act 1988 and whose full-time equivalent enrolment number for courses of higher education appears to him to exceed 350.
3
1st April 1990 is hereby appointed as the transfer date for the said corporation for the purposes of section 126 of that Act.
4
Gloucestershire County Coup is hereby specified as the local authority entitled to nominate one local authority nominee as an initial nominee member of the said corporation.
John MacGregor
Secretary of State for Education and Science
20th December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Community Charges (Cross-Border Information) Regulations 1989 and shall come into force on 1st September 1989.
Supply of information to community charges registration officers in England and Wales
2
1
Subject to paragraph (3), any person mentioned in paragraph (2) shall, in accordance with regulation 4, supply to a community charges registration officer for an English or Welsh charging authority such information as fulfils the following conditions–
a
it is in the possession or control of the person concerned,
b
the registration officer requests (by notice given in writing) the person concerned to supply it,
c
it is requested by the registration officer for the purpose of carrying out his functions under Part I of the Local Government Finance Act 1988, and
d
it does not fall within any description of information in paragraph (3) which need not be supplied.
2
The persons are–
a
the community charges registration officer for a Scottish region or islands area,
b
a Scottish regional council or islands council, and
c
the assessor or electoral registration officer for any area in Scotland.
3
Information need not be supplied if it falls within any of the following descriptions–
a
the information consists of other than the name, address and any past or present place of residence of any person and the dates during which he is known or thought to have resided at that place,
b
in the case of information in the possession or control of a Scottish regional council or islands council–
i
it is information relating to employees, former employees or applicants to become employees of such a council, being information held for the purposes of such employment or prospective employment,
ii
it is information held for the purposes of, or in connection with, the functions of such a council under the Social Work (Scotland) Act 1968 , other than information as to the names and addresses of persons or addresses of premises , or
iii
it is information held for the purposes of, or in connection with, the functions of such a council as police authority.
Supply of information to community charges registration officers in Scotland
3
1
Subject to paragraph (3), any person mentioned in paragraph (2) shall, in accordance with regulation 4, supply to a community charges registration officer for a Scottish region or islands area such information as fulfils the following conditions–
a
it is in the possession or control of the person concerned,
b
the registration officer requests (by notice given in writing) the person concerned to supply it,
c
it is requested by the registration officer for the purpose of carrying out his functions under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 , and
d
it does not fall within any description of information in paragraph (3) which need not be supplied.
2
The persons are–
a
the community charges registration officer for an English or Welsh charging authority,
b
an English or Welsh charging authority, and
c
the electoral registration officer for any area in England and Wales.
3
Information need not be supplied if it falls within any of the following descriptions–
a
the information consists of other than the name, address and any past or present place of residence of any person and the dates during which he is known or thought to have resided at that place,
b
in the case of information in the possession or control of an English or Welsh charging authority–
i
it is information relating to employees, former employees or applicants to become employees of such a council, being information held for the purposes of such employment or prospective employment, or
ii
it is information held for the purposes of, or in connection with, the functions of such a council (or a committee of such a council) as police authority, or as a constituent council of such an authority.
General
4
Information supplied in pursuance of these Regulations shall be so supplied–
a
in writing, and
b
within 21 days of the day on which the request for such information is made.
C. F. Patten
Secretary of State for the Environment
27th July 1989
Peter Walker
Secretary of State for Wales
1st August 1989
Malcolm Rifkind
Secretary of State for Scotland
28th July 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The Liverpool–Preston–Leeds Trunk Road (Burley-in-Wharfedale and Maple Grange Bypass) Order 1938 is hereby revoked.
5
In this Order–
1
all the measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”means the plan numbered HA10–YH95 marked “The A65 and A660 Trunk Roads (Burley-in-Wharfedale Bypass) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY: and
ii
“the new trunk road”means the highway mentioned in article 1 of this Order.
6
This Order shall come into force on 24th February 1989 and may be cited as the A65 and A660 Trunk Roads (Burley-in-Wharfedale Bypass) Order 1989.
Signed by authority of the Secretary of State
J.F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
24th January 1989


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 and shall come into force on 21st July 1989.
2
In these Regulations “ the Act ” means the Local Government Finance Act 1988.
Service of notices
2
1
Where any notice which is required or authorised by these Regulations to be given to or served on a person falls to be given or served by or on behalf of the Common Council or by an officer of the Common Council, it may be given or served in any manner in which it might be given or served under section 233 of the Local Government Act 1972 if the Common Council were a local authority within the meaning of that section.
2
Without prejudice to section 233 of the Local Government Act 1972 and paragraph (1) above, where any notice which is required or authorised by these Regulations to be given to or served on a person relates to a hereditament which is (or, where such a notice relates to more than one hereditament, one or more of which is) a place of business of that person, it may be given or served by leaving it at, or by sending it by post to him at, the place of business (or, as the case may be, one of those places of business).
PART II
BILLING
Interpretation and application of Part II
3
1
In this Part–
“the amount payable” for a chargeable financial year or part of a chargeable financial year in relation to a ratepayer, a charging authority and a hereditament means the amount the ratepayer is liable to pay to the authority as regards the hereditament in respect of the year or part under section 43 or 45 of the Act (whether calculated by reference to section 43(4) to (6) or 45(4) to (6) or by reference to an amount or rules determined or prescribed under section 47(1)(a) or 57(3)(a) of the Act);
“demand notice” means the notice required to be served by regulation 4(1);
“ratepayer” in relation to a chargeable financial year and a charging authority means a person liable to pay an amount under section 43 or 45 of the Act to the authority in respect of the year; and
“relevant year” in relation to a notice means the chargeable financial year to which the notice relates.
2
For the purposes of this Part the conditions mentioned in section 43(1) or 45(1) of the Act are not to be treated as fulfilled as regards a hereditament on any day on which the chargeable amount for the day in respect of it is 0 by virtue of a determination to that effect under section 47(1)(a) of the Act.
3
Where references are made in this Part to the day on which a notice is issued, they shall be taken to be references–
a
if the notice is served in the manner described in regulation 2(2) or section 233(2) of the Local Government Act 1972 by being left at, or sent by post to, a person’s place of business or proper address, to the day on which it is so left or posted, or
b
in any other case, to the day on which it is served.
4
The provisions of this Part which provide for the repayment or crediting of any amount or the adjustment of payments due under a notice (including in particular paragraph 7 of Schedule 1) shall have effect subject to paragraph 10(4) of Schedule 7 to the Act.
The requirement for demand notices
4
1
For each chargeable financial year a charging authority shall, in accordance with regulations 5 to 7, serve a notice in writing on every person who is a ratepayer of the authority in relation to the year.
2
Different demand notices shall be served for different chargeable financial years.
3
A demand notice shall be served with respect to the amount payable for every hereditament as regards which a person is a ratepayer of the authority, though a single notice may relate to the amount payable with respect to more than one such hereditament.
4
If a single demand notice relates to the amount payable with respect to more than one hereditament, subject to paragraphs 5 and 8 of Schedule 1 the amounts due under it, and the times at which they fall due, shall be determined as if separate notices were issued in respect of each hereditament.
Service of demand notices
5
1
Subject to paragraph (2), a demand notice shall be served on or as soon as practicable after–
a
except in a case falling within sub-paragraph (b), 1st April in the relevant year, or
b
if the conditions mentioned in section 43(1) or 45(1) of the Act are not fulfilled in respect of that day as regards the ratepayer and the hereditament concerned, the first day after that day in respect of which such conditions are fulfilled as regards them.
2
A demand notice may, if the non-domestic multiplier for the relevant year has been determined or set under Schedule 7 to the Act, be served before the beginning of the relevant year on a person with respect to whom on the day it is issued it appears to the charging authority that the conditions mentioned in section 43(1) or 45(1) of the Act are fulfilled (or would be fulfilled if a list sent under section 41(5) of the Act were in force) as regards the hereditament to which it relates; and if it is so served, references in this Part to a ratepayer shall, in relation to that notice and so far as the context permits, be construed as references to that person.
Payments under demand notices
6
1
If a demand notice is issued before or during the relevant year and it appears to the charging authority that the conditions mentioned in section 43(1) or 45(1) of the Act are fulfilled (or would be fulfilled if a list sent under section 41(5) of the Act were in force) in respect of the day on which the notice is issued as regards the ratepayer and the hereditament to which it relates, the notice shall require payment of an amount equal to the charging authority’s estimate of the amount payable for the year, made as respects periods after the issue of the notice on the assumption that the conditions concerned will continue to be fulfilled on every day after that day.
2
If a demand notice is issued during the relevant year but paragraph (1) does not apply, the notice shall require payment of an amount equal to the amount payable for the period in the year up to the day on which the conditions mentioned in sections 43(1) and 45(1) were last fulfilled as regards the ratepayer and hereditament concerned.
3
If, after a notice is served to which paragraph (2) applies, the conditions mentioned in section 43(1) or 45(1) of the Act are fulfilled again in the relevant year as regards the ratepayer and the hereditament concerned, a further notice shall be served on him requiring payments with respect to the amount payable in relation to the hereditament for the period in the relevant year beginning with the day in respect of which the conditions are so fulfilled again; and regulations 5 to 8 (and, so far as applicable, Schedule 1) shall apply to the further notice with respect to that period as if it were a demand notice and the conditions had not previously been fulfilled.
4
If a demand notice is issued after the end of the relevant year, it shall require payment of the amount payable for the year.
Payments under demand notices: further provision
7
1
Unless an agreement under paragraph (3) in relation to the relevant year has been reached between the ratepayer and the charging authority before the demand notice is issued, a notice to which regulation 6(1) applies shall require the estimate of the amount payable to be paid by instalments in accordance with Part I of Schedule 1; and where such instalments are required Part II of the Schedule applies for their cessation or adjustment in the circumstances described in that Part.
2
If an agreement under paragraph (3) in relation to the relevant year has been reached between the charging authority and the ratepayer before the demand notice is issued, a notice to which regulation 6(1) applies shall require the estimate of the amount payable to be paid in accordance with that agreement.
3
A charging authority and a ratepayer may agree that the estimate of the amount payable which is required to be paid under a notice to which regulation 6(1) applies should be paid in such manner as is provided by the agreement, rather than in accordance with Schedule 1.
4
Notwithstanding anything in the foregoing provisions of this regulation, such an agreement may be entered into either before or after the demand notice concerned is issued, and may make provision for the cessation or adjustment of payments, and for the making of fresh estimates, in the event of the estimate mentioned in regulation 6(1) turning out to be wrong; and if it is entered into after the demand notice has been issued, it may make provision dealing with the treatment for the purposes of the agreement of any sums paid in accordance with Schedule 1 before it was entered into.
5
A notice to which regulation 6(2) or (4) applies shall require payment of the amount payable on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.
6
No payment in respect of the amount payable by a ratepayer in relation to a hereditament for any chargeable financial year (whether interim, final or sole) need be made unless a notice served under this Part requires it.
Failure to pay instalments
8
1
Where–
a
a demand notice has been served by a charging authority on a ratepayer,
b
instalments are payable under the notice in accordance with Schedule 1, and
c
any such instalment is not paid in accordance with the Schedule,
the charging authority shall (unless all the instalments have fallen due) serve a further notice on the ratepayer stating the instalments required to be paid.
2
If, after the service of a further notice under paragraph (1), the ratepayer–
a
fails to pay, before the expiry of the period of 7 days beginning with the day of service of the further notice, any instalments which fall due before the expiry of that period under the demand notice concerned, or
b
fails to pay any instalment which falls due after the expiry of that period under the demand notice concerned on or before the day on which it so falls due,
the unpaid balance of the estimated amount shall become payable by him at the expiry of a further period of 7 days beginning with the day of the failure.
3
If the unpaid balance of the estimated amount has become payable under paragraph (2), and on calculating the amount payable for the relevant year in relation to a hereditament to which the demand notice concerned relates that amount proves to be greater than the estimated amount in relation to the hereditament, an additional sum equal to the difference between the two shall, on the service by the charging authority on the ratepayer of a notice stating the amount payable, be due from the person to the authority on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.
4
If the unpaid balance of the estimated amount has become payable under paragraph (2), and on calculating the amount payable for the relevant year in relation to a hereditament to which the demand notice concerned relates that amount proves to be less than the estimated amount in relation to the hereditament, the charging authority shall notify the ratepayer in writing of the amount payable; and any overpayment in respect of any liability of the ratepayer under this Part–
a
shall be repaid if the ratepayer so requires, or
b
in any other case shall (as the charging authority determines) either be repaid or be credited against any subsequent liability of the ratepayer to pay anything to it by way of non-domestic rate.
5
If any factor or assumption by reference to which the estimated amount was calculated in relation to a hereditament is shown to be false before the amount payable is capable of final determination for the purposes of paragraphs (3) and (4), the charging authority may, and if so required by the ratepayer shall, make a calculation of the appropriate amount with a view to adjusting the ratepayer’s liability in respect of the estimated amount and (as appropriate) to–
a
requiring an interim payment from the ratepayer if the appropriate amount is greater than the estimated amount, or
b
making an interim repayment to the ratepayer if the appropriate amount is less than the amount of the estimated amount paid.
6
The appropriate amount for the purposes of paragraph (5) is the amount which would be required to be paid under a demand notice if such a notice were issued with respect to the relevant year, the ratepayer and the hereditament on the day that the notice under paragraph (7) is issued or the repayment under paragraph (5)(b) is made (as the case may be); and more than one calculation of the appropriate amount and interim payment or repayment may be required or made under paragraph (5) according to the circumstances.
7
On calculating the appropriate amount the charging authority shall notify the ratepayer in writing of it; and a payment required under paragraph (5)(a) shall be due from the ratepayer to the charging authority on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.
8
In this regulation–
“the appropriate amount” has the meaning given in paragraph (6); and
“the estimated amount” means the amount last estimated under regulation 6(1) for the purposes of the demand notice mentioned in paragraph (1)(a) or any subsequent notice given under paragraph 7(2) of Schedule 1 prior to the failure mentioned in paragraph (2) above, save that if in any case an interim adjustment has been required or made under paragraph (5) in relation to a hereditament, it means as regards the next payment, repayment or interim adjustment in relation to the hereditament under this regulation (if any), the appropriate amount by reference to which the previous interim adjustment was so made.
Demand notices: final adjustment
9
1
This regulation applies where–
a
a notice has been issued by a charging authority under this Part requiring a payment or payments to be made by a ratepayer in respect of the amount payable in relation to a hereditament for a chargeable financial year or part of a chargeable financial year,
b
the payment or payments required to be paid are found to be in excess of or less than the amount payable in relation to the hereditament for the year or the part, and
c
provision for adjusting the amounts required under the notice and (as appropriate) for the making of additional payments or the repaying or crediting of any amount overpaid is not made by any other provision of this Part, of the Act or of any agreement entered into under regulation 7(3).
2
The charging authority shall as soon as practicable after the expiry of the year or the part of a year serve a further notice on the ratepayer stating the amount payable for the year or part in relation to the hereditament, and adjusting (by reference to that amount) the amounts required to be paid under the notice referred to in paragraph (1)(a).
3
If the amount stated in the further notice is greater than the amount required to be paid under the notice referred to in paragraph (1)(a), the amount of the difference for which such other provision as is mentioned in paragraph (1)(c) is not made shall be due from the ratepayer to the charging authority on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.
4
If there has been an overpayment in respect of any liability of the ratepayer under this Part, the amount overpaid for which such other provision as is mentioned in paragraph (1)(c) is not made–
a
shall be repaid if the ratepayer so requires, or
b
in any other case shall (as the charging authority determines) either be repaid or be credited against any subsequent liability of the ratepayer to pay anything to it by way of non-domestic rate.
PART III
ENFORCEMENT
Interpretation and application of Part III
10
1
In this Part–
“debtor” means a person against whom a liability order has been made; and
“liability order” means an order under regulation 12.
2
A sum which has become payable to a charging authority under Part II and which has not been paid shall be recoverable under a liability order, or in a court of competent jurisdiction, in accordance with regulations 11 to 21.
3
References in this Part to a sum which has become payable and which has not been paid include references to a sum forming part of a larger sum which has become payable and the other part of which has been paid.
Liability orders: preliminary steps
11
1
Subject to paragraph (3), before a charging authority applies for a liability order it shall serve on the person against whom the application is to be made a notice (“reminder notice”), which is to be in addition to any notice required to be served under Part II and which is to state every amount in respect of which the authority is to make the application.
2
A reminder notice may be served in respect of an amount at any time after it has become due.
3
A reminder notice need not be served on a person who has been served under regulation 8(1) with a notice in respect of the amount concerned where there has been such a failure as is mentioned in regulation 8(2)(a) in relation to the notice.
Application for liability order
12
1
Subject to paragraph (3), if an amount which has fallen due under regulation 8(2) in consequence of such a failure as is mentioned in sub-paragraph (a) of that provision is wholly or partly unpaid, or (in a case where a reminder notice is required under regulation 11) the amount stated in the reminder notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was served, the charging authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.
2
The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.
3
Section 127(1) of the Magistrates' Courts Act 1980 does not apply to such an application; but no application may be instituted in respect of a sum after the period of 6 years beginning with the day on which it became due under Part II.
4
A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.
5
The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.
6
The order shall be made in respect of an amount equal to the aggregate of–
a
the sum payable, and
b
a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.
Liability orders: further provision
13
1
A single liability order may deal with one person and one such amount as is mentioned in regulation 12(6) (in which case the order shall be in the form specified as form A in Schedule 2, or a form to the like effect), or, if the court thinks fit, may deal with more than one person and more than one such amount (in which case the order shall be in the form specified as form B in that Schedule, or a form to the like effect).
2
A summons issued under regulation 12(2) may be served on a person–
a
by delivering it to him,
b
by leaving it at his usual or last known place of abode, or in the case of a company, at its registered office,
c
by sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office,
d
where all or part of the sum to which it relates is payable with respect to a hereditament which is a place of business of the person, by leaving it at, or by sending it by post to him at, the place of business, or
e
by leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of the summons will be accepted.
3
The amount in respect of which a liability order is made is enforceable in accordance with this Part; and accordingly for the purposes of any of the provisions of Part III of the Magistrates' Courts Act 1980 (satisfaction and enforcement) it is not to be treated as a sum adjudged to be paid by order of the court.
Distress
14
1
Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.
2
The appropriate amount for the purposes of paragraph (1) is the aggregate of–
a
an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and
b
a sum determined in accordance with Schedule 3 in respect of charges connected with the distress.
3
If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.
4
Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.
5
The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 3 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.
6
A distress may be made anywhere in England and Wales.
7
A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.
8
The provisions of this regulation shall not affect the operation of any enactment which protects goods of any class from distress.
9
Nothing in the Distress (Costs) Act 1817 , as extended by the Distress (Costs) Act 1827 , (which make provision as to the costs and expenses chargeable in respect of the levying of certain distresses) shall apply to a distress under this regulation.
Appeals in connection with distress
15
1
A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.
2
The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which he is aggrieved.
3
If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 14(7).
4
If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.
Commitment to prison
16
1
Where a charging authority has sought to levy an amount by distress under regulation 14, the debtor is an individual, and it appears to the authority that no (or insufficient) goods of the debtor can be found on which to levy the amount, the authority may apply to a magistrates' court for the issue of a warrant committing the debtor to prison.
2
On such application being made the court shall (in the debtor’s presence) inquire as to his means and inquire whether the failure to pay which led to the liability order concerned being made against him was due to his wilful refusal or culpable neglect.
3
If (and only if) the court is of the opinion that his failure was due to his wilful refusal or culpable neglect it may if it thinks fit–
a
issue a warrant of commitment against the debtor, or
b
fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just.
4
The warrant shall be made in respect of the relevant amount; and the relevant amount for this purpose is the aggregate of–
a
the appropriate amount mentioned in regulation 14(2), or (as the case may be) so much of it as remains outstanding, and
b
a sum of an amount equal to the costs reasonably incurred by the applicant in respect of the application.
5
The warrant–
a
shall state the relevant amount mentioned in paragraph (4),
b
may be directed to the authority making the application and to such other persons (if any) as the court issuing it thinks fit, and
c
may be executed anywhere in England and Wales by any person to whom it is directed.
6
If–
a
before the issue of a warrant the appropriate amount mentioned in regulation 14(2) (or so much of it as remains outstanding) is paid or tendered to the authority, or
b
after the issue of the warrant, the amount stated in it is paid or tendered to the authority,
the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor if committed to prison shall be released.
7
The order in the warrant shall be that the debtor be imprisoned for a time specified in the warrant which shall not exceed 3 months, unless the amount stated in the warrant is sooner paid; but–
a
where a warrant is issued after a postponement under paragraph (3)(b) and, since the term of imprisonment was fixed but before the issue of the warrant, the amount mentioned in paragraph (4)(a) with respect to which the warrant would (but for the postponement) have been made has been reduced by a part payment, the period of imprisonment ordered under the warrant shall be the term fixed under paragraph (3) reduced by such number of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that amount, and
b
where, after the issue of a warrant, a part payment of the amount stated in it is made, the period of imprisonment shall be reduced by such number of days as bears to the total number of days in the term of imprisonment specified in the warrant less one day the same proportion as the part paid bears to the amount so stated.
8
In calculating a reduction required under paragraph (7) any fraction of a day shall be left out of account; and rule 55(1), (2) and (3) of the Magistrates' Courts Rules 1981 applies (so far as is relevant) to a part payment as if the imprisonment concerned were imposed for want of sufficient distress to satisfy a sum adjudged to be paid by a magistrates' court.
Commitment to prison: further provision
17
1
A single warrant may not be issued under regulation 16 against more than one person, and shall be in the form specified as form C in Schedule 2, or in a form to the like effect.
2
Where an application under regulation 16 has been made, and after the making of the inquiries mentioned in paragraph (2) of that regulation no warrant is issued or term of imprisonment fixed, the court may remit all or part of the appropriate amount mentioned in regulation 14(2) to which the application relates.
3
Where an application under regulation 16 has been made but no warrant is issued or term of imprisonment fixed, the application may be renewed (except so far as regards any sum remitted under paragraph (2)) on the ground that the circumstances of the debtor have changed.
4
A statement in writing to the effect that wages of any amount have been paid to the debtor during any period, purporting to be signed by or on behalf of his employer, shall in any proceedings under regulation 16 be evidence of the facts there stated.
5
For the purpose of enabling enquiry to be made as to the debtor’s conduct and means under regulation 16(2), a justice of the peace may–
a
issue a summons to him to appear before a magistrates' court and (if he does not obey the summons) issue a warrant for his arrest, or
b
issue a warrant for the debtor’s arrest without issuing a summons.
6
A warrant issued under paragraph (5) may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area; and section 125(3) of the Magistrates' Courts Act 1980 applies to such a warrant.
7
Regulation 16 and this regulation have effect subject to Part I of the Criminal Justice Act 1982 (treatment of young offenders).
Insolvency
18
1
Where a liability order has been made and the debtor against whom it was made is an individual, the amount due shall be deemed to be a debt for the purposes of section 267 of the Insolvency Act 1986 (grounds of creditor’s petition).
2
Where a liability order has been made and the debtor against whom it was made is a company, the amount due shall be deemed to be a debt for the purposes of section 122(1)(f) of that Act (winding up of companies by the court).
3
The amount due for the purposes of this regulation is an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
Relationship between remedies under a liability order
19
1
Where a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) a person under regulation 16(3), no steps, or no further steps, may be taken under this Part by way of distress or bankruptcy in relation to the relevant amount mentioned in regulation 16(4).
2
Steps under this Part by way of distress, commitment, bankruptcy or winding up may not be taken against a person under a liability order while steps by way of another of those methods are being taken against him under it.
3
Subject to paragraphs (1) and (2) distress may be resorted to more than once.
4
Where a step is taken by way of distress for the recovery of an outstanding sum which is or forms part of an amount in respect of which a liability order has been made, any sum recovered thereby which is less than the aggregate of the amount outstanding and any charges arising under Schedule 3 shall be treated as discharging first the charges, the balance (if any) being applied towards the discharge of the outstanding sum.
Recovery in court of competent jurisdiction
20
1
A sum which has become payable to a charging authority under Part II, which has not been paid, and in respect of which a liability order has not been made may (as an alternative to recovery under a liability order) be recovered in a court of competent jurisdiction.
2
A liability order may not be made in respect of any amount in relation to which proceedings have been instituted under paragraph (1) above.
Magistrates' courts
21
1
Justices of the peace appointed for a commission area within which is situated the area of a charging authority shall have jurisdiction to act under the provisions of this Part as respects that authority.
2
Subject to any other enactment authorising a stipendiary magistrate or other person to act by himself, a magistrates' court shall not under this Part hear a summons, entertain an application for a warrant or hold an inquiry as to means on such an application except when composed of at least two justices.
3
References to a justice of the peace in regulations 12(2) and 15(2) shall be construed subject to rule 3 of the Justices' Clerks Rules 1970 (which authorises certain matters authorised to be done by a justice of the peace to be done by a justices' clerk).
Repayments
22
A sum which has become payable (by way of repayment) under Part II to a person other than a charging authority but which has not been paid shall be recoverable in a court of competent jurisdiction.
Miscellaneous provisions
23
1
Any matter which could be the subject of an appeal under regulations under section 55 of the Act may not be raised in proceedings under this Part.
2
The contents of a local non-domestic rating list or an extract from such a list may be proved in proceedings under this Part by production of a copy of the list or relevant part of the list purporting to be certified by the proper officer of the charging authority to which the list or extract relates to be a true copy.
3
If a liability order has been made and by virtue of–
a
a notification which is given by the charging authority under regulation 8(4) or (7) or 9(2) or paragraph 6(3) or 7(2)(a) of Schedule 1, or
b
paragraph 10(4) of Schedule 7 to the Act applying in any case,
any part of the amount mentioned in regulation 12(6)(a) in respect of which the order was made would (if paid) fall to be repaid or credited against any subsequent liability, that part shall be treated for the purposes of this Part as paid on the day the notification is given or the multiplier in substitution is set under paragraph 10 of Schedule 7 to the Act (as the case may be) and accordingly as no longer outstanding.
4
If, after a warrant is issued or term of imprisonment is fixed under regulation 16(3), and before the term of imprisonment has begun or been fully served, a charging authority gives such a notification as is mentioned in paragraph (3)(a) in the case in question, or sets a multiplier in substitution so that paragraph 10(4) of Schedule 7 to the Act applies in the case in question, it shall forthwith notify accordingly the clerk of the court which issued the warrant and (if the debtor is detained) the governor or keeper of the prison or place where he is detained or such other person as has lawful custody of him.
PART IV
MISCELLANEOUS
Outstanding liabilities on death
24
1
This regulation applies where a person dies and at any time before his death he was (or is alleged to have been) subject to a non-domestic rate.
2
Where–
a
before the deceased’s death a sum has become payable by him under Part II or by way of the relevant costs in respect of a non-domestic rate but has not been paid, or
b
after the deceased’s death a sum would, but for his death (and whether or not on the service of a notice) become payable by him under Part II in respect of a non-domestic rate,
his executor or administrator shall, subject to paragraph (3) and to the extent that it is not in excess of the deceased’s liability under the Act (including relevant costs payable by him) in respect of the rate, be liable to pay the sum and may deduct out of the assets and effects of the deceased any payments made (or to be made).
3
Where paragraph (2)(b) applies, the liability of the executor or administrator does not arise until the service on him of a notice requiring payment of the sum.
4
Where before the deceased’s death a sum in excess of his liability under the Act (including relevant costs payable by him) in respect of a non-domestic rate has been paid (whether the excess arises because of his death or otherwise) and has not been repaid or credited under Part II, his executor or administrator shall be entitled to the sum.
5
Costs are relevant costs for the purposes of paragraphs (2) and (4) if–
a
an order or warrant (as the case may be) was made by the court in respect of them under regulation 12(6)(b) or 16(4)(b), or in proceedings under regulation 20, or
b
they are charges connected with distress which may be recovered pursuant to regulation 14(2)(b).
6
A sum payable under paragraph (2) shall be enforceable in the administration of the deceased’s estate as a debt of the deceased and accordingly–
a
no liability order need be applied for in respect of it after the deceased’s death under regulation 12, and
b
the liability of the executor or administrator is a liability in his capacity as such.
7
Regulation 23(1) and (2) applies to proceedings to enforce a liability arising under this regulation as it applies to proceedings under Part III.
8
Insofar as is relevant to his liability under this regulation in the administration of the deceased’s estate, the executor or administrator may institute, continue or withdraw proceedings (whether by way of appeal under regulations under section 55 of the Act or otherwise).
Nicholas Ridley
Secretary of State for the Environment
26th June 1989
Peter Walker
Secretary of State for Wales
26th June 1989