text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1988, shall come into force on 11th April 1988 and shall cease to have effect on 1st January 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.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th April 1988.
John Selwyn Gummer
Minister of State, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
8th April 1988
Ian Grist
Parliamentary Under-Secretary of State for Wales
7th April 1988
Peter Viggers
Parliamentary Under-Secretary of State for Northern Ireland
7th April 1988


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
This Order may be cited as the Rate Limitation (Designation of Authorities) (Exemption) Order 1988 and shall come into force on 13th May 1988.
2
This Order applies to England only.
Exemption from designation
2
The amount of £13.1 million is hereby substituted for the amount of £12.2 million specified in section 2(2)(a) of the Rates Act 1984.
3
The Rate Limitation (Designation of Authorities) (Exemption) Order 1987 , which specifies the amount of £12.2 million, is revoked.
Nicholas Ridley
Secretary of State for the Environment
13th April 1988


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) Regulations 1988. They shall come into force on 1st August 1988 and shall apply in relation to a school year beginning on or after that date.
2
In these Regulations a reference to the principal Expenses Regulations is a reference to the Education (Assisted Places) (Incidental Expenses) Regulations 1985 , and a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1985 .
2
For paragraphs (3) and (4) of regulation 3 of the principal Expenses Regulations (uniform grants) there shall be substituted the following paragraphs —
3
In a pupil’s first assisted year, uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £8,078 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£123, where the relevant income does not exceed £7,090;
b
£93, where that income exceeds £7,090 but does not exceed £7,422;
c
£61, where that income exceeds £7,422 but does not exceed £7,741;
d
£31, where that income exceeds £7,741 but does not exceed £8,078:
Provided that any uniform grant which would fall to be paid in a pupil’s first assisted year may be paid during the period commencing on 1st August 1988 and ending when that year begins.
4
In any subsequent school year uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £7,741 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£46, where the relevant income does not exceed £7,269;
b
£23, where that income exceeds £7,269 but does not exceed £7,741.
.
3
In regulation 4(5) of the principal Expenses Regulations (school travel grants) for the sums “£6,985” and “£6,804” there shall be substituted the sums “£7,271” and “£7,090” respectively.
4
For regulation 5 of the principal Expenses Regulations (remission of charges for meals) there shall be substituted the following regulation —
5
Subject to regulation 6, where the parents of an assisted pupil who is a day pupil satisfy the school at any time during a school year, or the month preceding the beginning of a school year, that they are in receipt of income support under Part II of the Social Security Act 1986 , the school shall remit the whole of any charges which they would otherwise make for meals provided for that pupil —
a
for the whole of that school year, where they are satisfied as aforesaid at or before the beginning thereof, or
b
for the remainder of the school year, where they are so satisfied in the course thereof,
notwithstanding that the parents may cease to be in receipt of income support between the school being so satisfied and the end of the school year in question.
.
5
1
In paragraph (1) of regulation 6 of the principal Expenses Regulations for the words “and the amount or extent thereof” there shall be substituted the words “and, in the cases of uniform grant and school travel grant, the amount thereof”.
2
In paragraph (2) of the said regulation 6 for the reference to regulation 12(2), (3) and (4) of the principal Regulations there shall be substituted a reference to regulation 12(1A), (2), (3) and (4) thereof.
Kenneth Baker
Secretary of State for Education and Science
11th July 1988
Peter Walker
Secretary of State for Wales
12th July 1988


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment No. 2 Order 1988 and shall come into force on 1st June 1988.
Amendment of the Export of Sheep (Prohibition) (No. 2) Order 1987
2
The Export of Sheep (Prohibition) (No. 2) Order 1987 is hereby amended by substituting for article 2(4)(b) the following sub-paragraph: —
b
any sheep which was marked, as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area —
i
with an apricot mark, in the case of a consent given on or before 26th July 1987; or
ii
with a green mark, in the case of a consent given on or before 27th September 1987; or
iii
with a blue mark, in the case of a consent given on or before 10th January 1988.
.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendment Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on 26th May 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 and shall come into operation on 1st January 1989.
Interpretation
2
In these Regulations: —
“ BS 5378 Part I” means Standard Number BS 5378 Part 1 1980 issued by the British Standards Institution on 31st July 1980 and any document amending or replacing the same which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“Code” means Chapter 9 of the Code of Safe Working Practices for Merchant Seamen published in 1978 by Her Majesty’s Stationery Office and any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“employer” means the person for the time being employing the master;
“fishing vessel” means a vessel for the time being employed in fishing but does not include a vessel used otherwise than for profit;
“master” includes any person in charge of a ship during the absence of the master but excludes a watchman;
“Merchant Shipping Notice” means a Notice described as such issued by the Secretary of State;
“new ship” means a ship the keel of which is laid, or where construction identifiable with the ship begins on or after 1st January 1989, and in the latter case where assembly has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less;
“offshore installation” means any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 ;
“pleasure craft” means a vessel primarily used for sport or recreation.
Application
3
1
Subject to paragraph (2) of this regulation,
a
these Regulations except regulation 15 apply to United Kingdom ships and
b
regulations 1, 2, 3, 15 and 16 apply to ships other than United Kingdom ships while they are in a United Kingdom port.
2
These Regulations do not apply to:
a
fishing vessels;
b
pleasure craft;
c
offshore installations whilst on or within 500 metres of their working stations; or
d
ships on which there is for the time being no master or crew or watchman.
3
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
General
4
1
The employer and master shall ensure that safe means of access is provided and maintained to any place on the ship to which a person may be expected to go.
2
The employer and master in carrying out the obligations contained in this regulation shall take full account of the principles and the guidance in the Code.
Transit Areas
5
The employer and master shall ensure that all deck surfaces used for transit about the ship, and all passageways, walkways and stairs, are properly maintained and kept free from materials or substances liable to cause a person to slip or fall.
Lighting
6
The employer and master shall ensure that those areas of the ship being used for the loading or unloading of cargo or for other work processes or for transit are adequately and appropriately illuminated.
Safety Signs
7
The employer and master shall ensure that any permanent safety signs used on board the ship for the purpose of giving health or safety information or instruction comply with BS 5378, Part I or with any equivalent standard.
Guardrails
8
1
Subject to paragraph (2) of this regulation, the employer and master shall ensure that any opening, open hatchway or dangerous edge into, through, or over which a person may fall is fitted with secure guards or fencing of adequate design and construction, which shall be kept in a good state of repair.
2
The requirements of paragraph (1) of this regulation do not apply: —
a
where any opening affords a permanent means of transit about the ship, to the side of the opening used for access;
b
where, and to the extent that, the person upon whom a duty is imposed is able to show that the work process being carried out or about to be carried out makes the provision of such guards or fencing not reasonably practicable.
Ladders
9
The employer and the master shall ensure that all ship’s ladders are of good construction and sound material, of adequate strength for the purpose for which they are used, free from patent defect and properly maintained.
Movement of vehicles
10
1
The employer and master shall ensure that: —
a
no ship’s powered vehicle or powered mobile lifting appliance is driven in the course of a work process except by a competent person who is authorised to do so;
b
danger from use or movement of all such vehicles and mobile lifting appliances is so far as is reasonably practicable prevented;
c
all ship’s vehicles and mobile lifting appliances are properly maintained.
2
In this regulation“lifting appliance” has the same meaning as in the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 .
Access ladders to ship’s holds
11
The owner shall ensure that in a new ship, ladders providing access to the hold comply with the requirement specified in paragraph 6.4 of the Code.
Penalties
12
1
Contravention of regulation 4, 5, 6, 7, 8(1), 9 or 10 by an employer shall be an offence punishable on summary conviction by a fine not exceeding £2000 or on conviction on indictment by imprisonment for a term not exceeding 2 years or a fine, or both.
2
Contravention of regulation 4, 5, 6, 7, 8(1), 9 or 10 by a master shall be an offence punishable only on summary conviction by a fine not exceeding £1000.
3
Contravention of regulation 11 by an owner shall be an offence punishable on summary conviction by a fine not exceeding £2000 or on conviction on indictment by imprisonment for a term not exceeding 2 years or a fine, or both.
4
It shall be a defence for a person charged in respect of a contravention of regulations 4(1), so far as it relates to access by means of a transit area referred to in regulation 5, or 5 to show that the requirements of the relevant regulation were complied with so far as was reasonably practicable.
5
It shall be a defence for a person charged in respect of a contravention of any of these Regulations, including a person charged by virtue of regulation 13, to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
13
Where an offence under any of these Regulations is committed, or would have been committed except for the operation of regulation 12(5), by any person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Inspection and detention of a United Kingdom ship
14
Any person duly authorised by the Secretary of State may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations he may detain the ship until the health and safety of all employees and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection detention and other measures in respect of ships registered outside the United Kingdom
15
1
Any person duly authorised by the Secretary of State may inspect any ship other than a United Kingdom ship when the ship is in a United Kingdom port and if he is satisfied that the ship does not conform to the standards of health and safety required of United Kingdom ships by these Regulations he may:
a
send a report to the government of the country in which the ship is registered, and a copy thereof to the Director-General of the International Labour Office; and
b
where conditions on board are clearly hazardous to safety or health:
i
take such measures as are necessary to rectify those conditions;
ii
detain the ship:
Provided that the measures specified in sub-paragraphs (a) and (b) may be taken only when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
2
If he takes either of the measures specified in paragraph (1)(b) the person duly authorised shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
3
The person duly authorised shall not in the exercise of his powers under this Regulation unreasonably detain or delay the ship.
Compensation and Enforcement of Detention
16
Section 460(1) and section 692(1) to (3) and (5) of the Merchant Shipping Act 1894 (which relate respectively to liability for costs and compensation for the detention of a ship and enforcing the detention of a ship) shall have effect in relation to a ship detained under these Regulations subject to the following modifications —
a
in section 460(1) the following words shall be omitted —
“by reason of the condition of the ship or the act or default of the owner”
“provisional”
“as an unsafe ship”
“and survey”
“or survey”; and
b
for the words“this Part of this Act” in section 460(1) and“this Act” wherever they appear in section 692(1) to (3), there shall be substituted“the Merchant Shipping (Safe Movement on Board Ship) Regulations 1988.”.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
21st September 1988


text:
Title and commencement
1
This Order may be cited as the Kirkcaldy and Dunfermline Districts (Ballingry) Boundaries Amendment Order 1988, and shall come into force on 15th February 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The Kirkcaldy and Dunfermline Districts (Ballingry) Boundaries Amendment Order 1988 Map” and deposited in accordance with regulation 3 of the 1977 Regulations; and, in the Schedule to this Order, any reference to a boundary of a region or district 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
That part of Dunfermline District described as Area A in Part I of the Schedule to this Order, and shown delineated, hatched and marked “Area A” on the boundary map, shall be transferred to Kirkcaldy District.
2
That part of Kirkcaldy District described as Area B in Part II of the Schedule to this Order, and shown delineated, hatched and marked “Area B” on the boundary map, shall be transferred to Dunfermline District.
Consequential changes of electoral arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the area transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 32 (Ballingry/Lochore) of Fife Region( ) and of ward 7 (Ballingry) of Dunfermline District( ); and
b
shall form part of electoral division 19 (Kinglassie/Cardenden) of Fife Region and of ward 37 (Kinglassie/Bowhill) of Kirkcaldy District( ).
2
Area B described in Part II of the Schedule to this Order (being the area transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 19 (Kinglassie/Cardenden) of Fife Region and of ward 37 (Kinglassie/Bowhill) of Kirkcaldy District; and
b
shall form part of electoral division 32 (Ballingry/Lochore) of Fife Region and of ward 7 (Ballingry) of Dunfermline District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
15th January 1988


text:
1
These Regulations may be cited as the Car Tax (Amendment) Regulations 1988 and shall come into force on 1st December 1988.
2
For regulation 27 of the Car Tax Regulations 1985 there shall be subsitituted the following:
27
In Scotland, the following provisions shall have effect:
a
Where the Commissioners are empowered to apply to the Sheriff for a warrant to authorise a Sheriff Officer to recover any amount of tax or any sum recoverable as if it were tax remaining due and unpaid, any application, and any certificate required to accompany that application, may be made on their behalf by a Collector of Customs and Excise or an officer of rank not below that of Senior Executive Officer.
b
Where, during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 , the Commissioners are entitled as a creditor to do any acts, then any such acts, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector of Customs and Excise or an officer of rank not below that of Senior Executive Officer.
.
Colin C. Finlinson
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
30th November 1988


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1988 and shall come into force on 3rd January 1989.
2
The Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 are hereby amended in accordance with the following provisions of these Regulations.
3
In regulation 35(1A) —
a
for the words“on or after 1st May 1986” there shall be substituted“on or after 3rd January 1989”; and
b
in sub-paragraph (a) for“£20” there shall be substituted“£60”.
4
In regulation 35(1B)(b) for“£15” there shall be substituted“£60”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
6th December 1988


text:
1
This Order may be cited as the Finance Act 1988 (Repayment Supplement) (Appointed Day) Order 1988.
2
Section 20(1)(a) of the Finance Act 1985 shall have effect with respect to any prescribed accounting period ending on or after 29th July 1988.
3
Section 20(1)(b) of the Finance Act 1985 shall have effect with respect to any claim made on or after 29th July 1988.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
29th July 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1988, and shall come into force on 1st June 1988 but have effect as from 6th April 1988.
2
In these Regulations “the principal Regulations ” means the Teachers' Superannuation Regulations 1976 , and unless the context otherwise requires expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations.
Definition in principal Regulations
2
Regulation 3(1) of the principal Regulations is amended by deleting the definition of “child”.
Repayment of contributions
3
Regulation 46(1) of the principal Regulations is amended by substituting for sub-paragraphs (a) and (b) the following:
a
if he is treated as having ceased to be employed in reckonable service by virtue of an election under regulation 10 of the Teachers' Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1988, he has for the purposes of regulation 53 been employed in reckonable service for less than 2 years;
b
in any other case, he is not qualified by service for any benefit;
.
Entitlement to allowances
4
Regulation 53 of the principal Regulations is amended —
a
by substituting for paragraph (1)(a)(i) and (ii) the following:
i
was on 6th April 1988 employed in reckonable service and has beenemployed in such service, whether before or after that date, for at least 2 years; or
ii
has been employed in reckonable service after 5th April 1988 for at least 2 years; or
;
b
by substituting for paragraph (1)(b) the following:
b
has attained the age of 60 and has been employed in reckonable service, or partly in reckonable service and partly in service of a description specified in Schedule 5, for at least 5 years; or
; and
c
in paragraph (3), by substituting for the words “five years”, in both places where they occur, the words “2 years”.
Amount of annual allowance and additional allowance
5
Regulations 54(3) and 56(4) of the principal Regulations are each amended by inserting after the words “regulation 53(1)(c)” the words “and he has for the purposes of regulation 53 been employed in reckonable service for 5 years or more”.
Death gratuities
6
1
Regulation 58 of the principal Regulations is amended by substituting for paragraph (2)(b) the following:
b
has been employed in reckonable service for 2 years or more; and
.
2
Paragraph (1) above does not have effect in relation to a person who died before 6th April 1988.
Family benefits
7
The principal Regulations are amended by substituting for regulations 62 to 67 the following:
Family benefits generally
62
1
Pensions are payable in accordance with regulations 64 to 70 to widows, children and nominated beneficiaries of persons who die while, or after having been, employed in reckonable service.
2
References in those regulations to a widow include references to a widower; but in the case of a person who has not been employed in reckonable service, or paying contributions under regulations 30 and 31 (current added years), at any time after 5th April 1978, they do not include references to a man or woman married by that person after his last day of employment in reckonable service or, as the case may be, the end of the period for which any such contributions were paid.
3
Where those regulations provide for a pension to be payable to a widow and there are two or more widows, the widows are jointly entitled to the pension.
4
References in those regulations to a person’s child are to a person who is —
a
his legitimate, adopted or illegitimate child, or
b
accepted by him as a member of the family and wholly or mainly dependent on him,
and who is a child within the meaning given in paragraphs (5) to (7).
5
Subject to paragraphs (6) and (7), for the purposes of regulations 63 to 70 a person is a child while he is unmarried and —
a
he has not attained the age of 17, or
b
having attained that age, he is receiving full-time education or attending a course of not less than 2 years' full-time training for a trade, profession or calling, or
c
having ceased while incapacitated to fall within sub-paragraph (a) or (b), he continues to be incapacitated.
6
For the purposes of paragraph (5)(b) —
a
a person is to be treated as receiving full-time education up to (but not including) the first Monday in January or the first Monday after Easter Monday or the first Monday in September next following the end of the last term in which he received it, and
b
a person is to be treated as not attending a course of training while he is receiving disqualifying remuneration.
7
Disqualifying remuneration is remuneration at a rate not less than the annual rate at which an official pension, within the meaning of the Pensions (Increase) Act 1971 , would for the time being be payable if it had begun, and first qualified for increases under that Act, on 1st April 1972 and had then been payable at an annual rate of £250.
8
References in regulations 63 to 70 to a nominated beneficiary are to a person nominated under regulation 63 or nominated before 1st June 1988 for the purposes of this Part or of previous provisions relating to family benefits.
Nomination of beneficiaries
63
1
Subject to paragraph (2), an unmarried person (“the appointor”) may at any time while employed in reckonable service, by giving written notice to the Secretary of State, nominate an eligible person who is wholly or mainly financially dependent on the appointor and who is not a child to receive a pension under regulations 64 to 70.
2
No person may be nominated while a previous nomination under this regulation has effect.
3
The eligible persons are —
a
a parent of the appointor,
b
a brother or sister of the appointor, and
c
a widowed step-parent of the appointor.
4
A nomination under this regulation may be revoked by giving written notice to the Secretary of State, and if not previously revoked ceases to have effect —
a
on the death or marriage (or as the case may be remarriage) of the person nominated, and
b
on the marriage of the appointor.
5
The references in paragraphs (2) and (4) to a nomination under this regulation include references to a nomination made before 1st June 1988 for the purposes of this Part or of previous provisions relating to family benefits.
Entitlement to short-term family benefits
64
1
Subject to paragraph (3), a short-term pension is payable, from the day after that of his death, if a person dies —
a
while employed in reckonable service, or
b
during a period for which he is paying contributions under regulations 30 and 31 (current added years), or
c
within 12 months after ceasing to be employed in reckonable service, or to pay such contributions, as a result of ill-health, but before becoming entitled to payment of allowances, or
d
after becoming entitled to payment of allowances.
2
The short-term pension is payable —
a
subject to paragraph (3)(a), if the decreased leaves a widow, to the widow, or
b
if a nomination had effect at the time of his death, to the nominated beneficiary, or
c
if there is no widow or nominated beneficiary and the deceased is survived by a child or children of his, to or for the benefit of the child or, as the case may be, the children jointly.
3
No short-term pension is payable —
a
to a widower if one is payable to another person as a nominated beneficiary, or
b
if there is no widow, nominated beneficiary or surviving child, or
c
where paragraph (1)(d) applies, to a person who is not entitled under regulation 66 to a long-term pension.
Amount and duration of short-term family benefits
65
1
Subject to paragraph (2), the annual rate of a short-term pension under regulation 64 —
a
if regulation 64(1)(a) or (c) applies, is the annual rate of the deceased’s salary on his last day of employment in reckonable service, disregarding any reduction by reason of sick leave or maternity leave,
b
if regulation 64(1)(b) applies, is the annual rate, at the time of his death, of the salary described in regulation 31(1),
c
if regulation 64(1)(d) applies, is the annual rate, at the time of his death, of his annual allowance, and
d
if regulation 64(1)(a) and (d) both apply, is the total of the rates specified in sub-paragraphs (a) and (c) above.
2
If —
a
the short-term pension is payable to the deceased’s widow, and
b
the annual rate calculated in accordance with paragraph (1) is less than that of a long-term pension to which the widow is prospectively entitled under regulation 66,
the annual rate of the short-term pension is the same as that of the long-term pension.
3
Subject to paragraphs (4) and (5), a short-term pension is to be paid for 3 months.
4
If —
a
either —
i
no long-term pension is payable under regulation 66, or
ii
less than 2 years' service counts in the calculation of a pension payable under that regulation, and
b
the deceased is survived by a child or children of his, and
c
the short-term pension is payable to his widow, or to a nominated beneficiary who has the care of the child or children,
the short-term pension is to be paid for 4½ months if there is one child and for 6 months if there are 2 or more children.
5
If the short-term pension is payable to or for the benefit of one child, it is to be paid for 2 months; if it is payable to or for the benefit of 2 or more children, it is to be paid for 4 months.
Entitlement to long-term family benefits
66
1
Long-term pensions are payable in accordance with paragraph (4) if a person dies who —
a
has been employed in reckonable service at any time after 31st March 1972, and
b
has relevant service amounting to at least 2 years,
but in the case of a person who ceased to be employed in reckonable service before 6th April 1988 sub-paragraph (b) has effect with the substitution for “2 years” of “5 years”.
2
In the case of a man, and in the case of a woman in relation to a nominated beneficiary or a widower on whose marriage to her a nomination ceased to have effect, relevant service comprises —
a
any period of employment in reckonable service after 31st March 1972,
b
any period beginning after that date for which additional contributions have been paid under regulations 30 and 31 (current added years) or corresponding previous provisions,
c
any period for which contributions have been paid for past added years in accordance with an election made after 31st March 1974,
d
if a transfer value has been received in respect of comparable British service, the period that would, immediately before its receipt, have counted for family benefits in the relevant superannuation scheme,
e
any period counting as reckonable service by virtue of the receipt of any other transfer value under regulation 82 or corresponding previous provisions or under the Teachers' Superannuation (Added Years and Interchange) Regulations 1974 ,
f
so much of any period counting as reckonable service by virtue of an election under regulation 4 of the Teachers' Superannuation (Policy Schemes) Regulations 1979 as is attributable to service after 31st March 1972,
g
any period counting as reckonable service by virtue of regulation 34 (special provision relating to period from December 1973 to March 1974),
h
any period for which family benefit contributions have been paid under Section C of Part II or previous provisions, and
i
in the case of a member within the meaning of that Section, so much of his credited service as does not exceed the total of the service in respect of which he paid contributions under regulation 27 of the 1966 Regulations or regulation 27 of the 1970 Regulations and any period in respect of which he paid contributions under regulation 28 of the 1966 Regulations or under regulation 28 or 29 of the 1970 Regulations, and in addition any period in respect of which a deduction falls to be made under regulation 45(1).
3
In relation to a widower who is not a nominated beneficiary and is not a person on whose marriage to the deceased a nomination ceased to have effect, the deceased’s relevant service comprises only —
a
so much of the periods described in paragraph (2)(a), (b), (d) and (e) as consists of, or is attributable to, service after 5th April 1988, and
b
any period for which contributions have been paid for past added years in accordance with an election made after 31st May 1988.
4
If paragraph (1) applies —
a
subject to paragraph (5), if the deceased leaves a widow, a long-term pension is payable to the widow,
b
if a nomination had effect at the time of his death, a long-term pension is payable to the nominated beneficiary, and
c
if a pension is payable under sub-paragraph (a) or (b) and the deceased is survived by a child or children of his, a long-term pension is payable to or for the benefit of the child or, as the case may be, the children jointly.
5
Subject to paragraph (7), no long-term pension is payable to a widower if one is payable to another person as a nominated beneficiary.
6
If when a person dies paragraph (4) does not apply but he —
a
has been employed in reckonable service at any time after 31st March 1972, and
b
is qualified for benefits, and
c
is survived by a child or children of his,
a long-term pension is payable to or for the benefit of the child or, as the case may be, the children jointly.
7
Subject to paragraph (8), if neither paragraph (4) nor paragraph (6) applies but the deceased had a guaranteed minimum in relation to benefits under these Regulations and leaves a widow, a long-term pension is payable to the widow.
8
If a contributions equivalent premium is paid by the Secretary of State, paragraph (7) is to be treated as not having applied.
9
Notwithstanding anything in paragraphs (1) to (6), only one pension is payable to or for the benefit of a child or children at any one time; and where more than one such pension would otherwise be payable the one to be paid is the largest of them.
Amounts of widow’s and nominated beneficiaries' long-term pensions
67
1
Subject to paragraph (2), the annual rate of a pension payable under regulation 66 to a widow or nominated beneficiary is 1/160th of the deceased’s average salary multiplied by the length of his family benefit service.
2
If —
a
regulation 45(5) (retrospective salary increases affecting deductions from terminal sums) applies, and
b
a person entitled to limit the amount of the deduction has done so,
the retrospective salary increase is not to be taken into account in calculating the deceased’s average salary.
3
Subject to paragraphs (4) to (7), if the pension is payable to a nominated beneficiary, to a widower on whose marriage to the deceased a nomination ceased to have effect, or to a woman whom the deceased married before the end of his employment in reckonable service the deceased’s family benefit service comprises —
a
any period falling within regulation 66(2)(a) to (h),
b
in the case of a member within the meaning of Section C of Part II, his credited service and any period in respect of which a deduction falls to be made under regulation 45(1), and
c
any period related to war service in respect of which an additional contribution has been paid under regulation 33 or under Schedule 2 to the Teachers' Superannuation (War Service) Regulations 1982 or which counts under Part IV of that Schedule.
4
If the member’s credited service exceeds the total of the service in respect of which he paid contributions under regulation 27 of the 1966 Regulations or regulation 27 of the 1970 Regulations and any period in respect of which he paid contributions under regulation 28 of the 1966 Regulations or under regulation 28 or 29 of the 1970 Regulations, for the purposes of paragraph (3)(b) his credited service is reduced by 1/6th of the excess.
5
This paragraph applies if the deceased died —
a
while employed in reckonable service, or
b
during a period for which he was paying contributions under regulations 30 and 31 (current added years), or
c
within 12 months after ceasing to be employed in reckonable service as a result of ill-health but before becoming entitled to payment of allowances, or
d
after becoming entitled to payment of allowances, if they fell to be enhanced under regulation 54(3) (incapacity).
6
If paragraph (5) applies and the family benefit service calculated in accordance with paragraphs (3) and (4) is less than the reckonable service counting for calculating purposes under regulation 72 (“effective reckonable service”), his family benefit service is increased by
A B × C ,
where —
A is the family benefit service calculated in accordance with paragraphs (3) and (4),
B is his effective reckonable service apart from C, and
C is the period by which his reckonable service was, or would have been, enhanced under regulation 54(3).
7
If paragraph (5) applies and A is not less than B, his family benefit service is increased by C.
8
If the deceased has been employed in reckonable service after 5th April 1978 and the pension is payable to a woman whom he first married after his last day in such employment, his family benefit service comprises —
a
any period of employment in reckonable service after 5th April 1978,
b
any period for which contributions for past added years have been paid in accordance with an election made after that date,
c
any period beginning after that date for which contributions have been paid under regulations 30 and 31 (current added years),
d
if a transfer value has been received after that date in respect of comparable British service, any period of reckonable service attributable to comparable British service after that date,
e
any period counting as reckonable service by virtue of the receipt after that date of any other transfer value, and
f
so much of any period counting as reckonable service by virtue of an election under regulation 4 of the Teachers' Superannuation (Policy Schemes) Regulations 1979 as is attributable to service after that date.
9
If the pension is payable to a widower who is not a nominated beneficiary and is not a person on whose marriage to the deceased a nomination ceased to have effect, the deceased’s family benefit service comprises the relevant service described in regulation 66(3).
Amounts of children’s long-term pensions
67A
1
Subject to paragraphs (3) to (6), if long-term pensions become payable under regulation 66 —
a
to a widow or nominated beneficiary (an “adult pension”), and
b
to or for the benefit of a child or children (a “children’s pension”),
the annual rate of the children’s pension is the appropriate fraction of the deceased’s average salary multiplied by the length of his family benefit service.
2
The appropriate fraction —
a
while a children’s pension is payable to or for the benefit of 2 or more children, is 1/160th, and
b
while a children’s pension is payable to or for the benefit of one child, is 1/320th.
3
Subject to paragraphs (4) to (6), if —
a
an adult pension becomes payable to a woman whom the deceased married after his last day of employment in reckonable service,
b
before that day he had married another woman, and
c
the persons to or for whose benefit a children’s pension is payable include a child who was, or children who were, a child or children of the deceased’s at any time during the earlier marriage,
the annual rate of the children’s pension is the appropriate fraction of his average salary multiplied by the length of what would have been his family benefit service if regulation 67(3) had applied (“the notional family benefit service”).
4
If the children’s pension is payable to, or for the benefit of —
a
one child who was a child of the deceased’s during the earlier marriage, and
b
one or more children who were not children of his during that marriage,
the annual rate of the children’s pension is A+B, where —
A is 1/320th of his average salary multiplied by the length of the notional family benefit service, and
B is 1/320th of his average salary multiplied by the actual length of his family benefit service.
5
If —
a
no adult pension becomes payable, or
b
an adult pension ceases to be payable,
the annual rate of a children’s pension is the applicable fraction of the deceased’s average salary multiplied by the greater of C and D, or where regulation 67(5) applies the greater of C and (D+E), where —
C is the notional family benefit service,
D is the deceased’s effective reckonable service apart from E, and
E is the period by which his reckonable service was, or would have been, enhanced under regulation 54(3).
6
The applicable fraction —
a
while a children’s pension is payable to or for the benefit of 2 or more children, is 1/120th, and
b
while a children’s pension is payable to or for the benefit of one child, is 1/240th.
.
Special pension for widow
8
Regulation 68(ii) of the principal Regulations is amended by substituting for the words “not less than 5/160ths” the words “not less than 1/80th”.
Teacher with guaranteed minimum
9
The principal Regulations are amended by substituting for regulation 79B the following:
79B
1
This regulation applies, and overrides anything in these Regulations that is inconsistent with it, in the case of a teacher who has a guaranteed minimum under section 35 of the Pensions Act .
2
Unless entitled to an annual allowance at a higher rate, the teacher is, from insured pensionable age, entitled to a pension at a weekly rate equal to the guaranteed minimum.
3
If the teacher is a man and dies (whether before or after attaining insured pensionable age) leaving a widow who is not entitled to a widow’s pension at a higher rate, the widow is entitled to a pension at a weekly rate of half his guaranteed minimum.
4
If the teacher is a woman and dies (whether before or after attaining insured pensionable age) leaving a widower who is not entitled to a widower’s pension at a higher rate, then in circumstances prescribed under section 36(7A) of the Pensions Act the widower is entitled to a pension payable for the period so prescribed.
5
The weekly rate of a widower’s pension payable under paragraph (4) is half of that part of the teacher’s guaranteed minimum which is attributable to earnings factors for the tax year 1988 — 89 and subsequent tax years.
6
In paragraph (5) “earnings factors” means the earnings factors referred to in section 35 of the Pensions Act and “tax year” means a period of 12 months beginning with 6th April.
.
Voluntary membership
10
1
A person who —
a
is employed in reckonable service, or
b
is not so employed but expects to enter an employment in which he otherwise would be,
may at any time, by giving written notice to the Secretary of State, make an election under this regulation.
2
As from the date from which the election has effect, the person is to be treated for all purposes of the principal Regulations —
a
where paragraph (1)(a) applies, as having ceased to be employed in reckonable service, and
b
in any case, subject to regulation 11 below, as not becoming so employed in any subsequent employment.
3
Where paragraph (1)(a) applies, an election under this regulation —
a
if the person was employed in reckonable service immediately before, and the notice is given within 3 months after, 6th April 1988, has effect as from that date,
b
if he becomes so employed on or after 6th April 1988 and the notice is given within 3 months after becoming so employed, has effect as from the date on which he became so employed, and
c
in any other case, has effect from the first day of the month after that in which the notice was given.
4
Where paragraph (1)(b) applies, the election has effect as from the day before that on which he first enters any such employment as is there mentioned.
Resumption of membership
11
1
Subject to paragraphs (5) and (6), a person who has made an election under regulation 10 above, who has since been in employment which would otherwise have been employment in reckonable service (“excluded employment”), and who —
a
is in excluded employment, or
b
is not in, but expects to enter, excluded employment,
may at any time, by giving written notice to the Secretary of State, make an election under this regulation.
2
As from the date on which the election has effect, subject to regulation 10 above, any employment on and after that date which would otherwise have been excluded employment is employment in reckonable service.
3
Where paragraph (1)(a) applies, an election under this regulation —
a
if the notice is given within 3 months after the start of any period of excluded employment, has effect as from the first day of that employment, and
b
in any other case, has effect from the first day of the month after that in which the notice was given.
4
Where paragraph (1)(b) applies, the election has effect as from the day before that on which the person first enters any excluded employment.
5
If after making an election under this regulation a person makes a further election under regulation 10 above, he may make a further election under this regulation only if, since he made the further election under regulation 10 above, there has been a qualifying period during which he was not in any excluded employment.
6
Unless the Secretary of State approves a shorter period in the particular case, a qualifying period is one of not less than 5 years.
Supplementary
12
1
Notwithstanding that regulation 7 above has effect as from 6th April 1988, a person nominated as a beneficiary after 5th April 1988 and before 1st June 1988 whose nomination was effective when made is a nominated beneficiary for the purposes of the regulations substituted by that regulation for regulations 62 to 67 of the principal Regulations even if the nomination was not one that could have been made under regulation 63 of those substituted regulations.
2
Any notice given before 1st June 1988 which, if these Regulations had been in force, would have constituted notice of an election under regulation 10 or 11 above shall be treated as having constituted notice of such an election.
Kenneth Baker
Secretary of State for Education and Science
21st April 1988
We consent
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
28th April 1988


text:
Citation and commencement
1
This Order may be cited as the Lowestoft (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the existing area of jurisdiction” means the area comprised in the limits of the port of Lowestoft;
“the signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Port Manager at Port House, Lowestoft, Suffolk.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which Associated British Ports shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the existing area of jurisdiction) the area the boundaries of which are shown by a continuous red line on the signed plan, being an area of the sea bounded —
a
on the north, by an imaginary line drawn true east from a point on the level of high water on the parallel of latitude 52°31'5.N until it reaches longitude 1°50'.E;
b
on the east, by an imaginary line following the said longitude in a southerly direction until it intersects the next mentioned line;
c
on the south, by an imaginary line drawn true east from a point on the level of highwater on the parallel of latitude 52°26'.1N, until it intersects with the last mentioned line;
d
on the west, by the level of high water on the boundary of the existing area of jurisdiction as the case may be.
Signed by authority of the Secretary of State
J.W.S. Dempster
An Under Secretary in the
Department of Transport
29th September 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (Cringle Brook) Water Order 1988 and shall come into force on the 1st September 1988.
2
This Order shall be included amongst the enactments which may be cited together as the Anglian Water Authority Orders 1974 to 1988.
3
In this Order —
“the Authority” means the Anglian Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Cringle Brook) Water Order 1988”, one duplicate of which is deposited and is available for inspection at the offices of the Authority’s Lincoln Division at Waterside House, Waterside North, Lincoln LN2 5HA and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
The Authority may construct, continue and maintain on or under the land described in Schedule 1 to this Order the following works —
a
an intake works for the abstraction of water from the Cringle Brook;
b
(in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of the said boreholes.
Works to form part of the undertaking
3
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
4
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall, subject to the modification set out in column (2) thereof, apply to the undertaking and are hereby incorporated with this Order.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Environment.
31st August 1988


text:
Citation and commencement
1
This Order may be cited as the Merseyside Development Corporation (Planning Functions) (Liverpool and Wirral) Order 1988 and shall come into force on 8th December 1988.
Interpretation
2
In this Order —
“the 1971 Act ” means the Town and Country Planning Act 1971 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Liverpool and Wirral Urban Development Area Order 1988 ; and
“the development corporation” means the Merseyside Development Corporation .
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1971 Act
4
All the provisions of the 1971 Act specified in Part II of schedule 29 to the 1980 Act, which have effect in relation to the development corporation with the modifications specified in that Part, shall similarly have effect in relation to the development area.
Transitional provision: planning applications
5
1
This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which —
a
was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
a
Subject to sub paragraph (b), except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
b
Where an application relates to development or development of a class in respect of which there is in force a direction under article 10 of the Town and Country Planning General Development Order 1977 the previous authority shall not determine the application but shall, within 10 days of this Order coming into force, transmit it to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order under section 276 in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose remains liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
9th November 1988


text:
1
These Regulations may be cited as the Value Added Tax (Repayment to Community Traders) (Amendment) Regulations 1988 and shall come into force on 1st February 1989.
2
The Value Added Tax (Repayment to Community Traders) Regulations 1980 shall be amended in accordance with the following provisions of these Regulations.
3
For regulation 3 there shall be substituted the following:
3
Subject to the provisions of these Regulations a person to whom these Regulations apply shall be entitled to be repaid tax charged on supplies made to him in the United Kingdom or on goods imported by him into the United Kingdom if that tax would be input tax of his were he a taxable person in the United Kingdom.
.
4
For regulation 5 and the heading thereto there shall be substituted the following:
Supplies and importations to which these Regulations apply
5
These Regulations apply to a supply of goods or services made in the United Kingdom on or after 1st January 1981 or importation of goods into the United Kingdom on or after 1st February 1989, but they do not apply to any supply or importation which–
a
the claimant has used or intends to use for the purpose of any supply by himself in the United Kingdom; or
b
has been exported or is intended for exportation from the United Kingdom by or on behalf of the claimant.
.
5
In regulation 7, for paragraph (1)(b)(ii) there shall be substituted the following:
ii
such documentary evidence of an entitlement to deduct tax as may be required of a taxable person claiming a deduction of input tax in accordance with the provisions of regulation 62 of the Value Added Tax (General) Regulations 1985 .
.
6
In regulation 8,
a
for paragraph (1), there shall be substituted the following:
1
A claim shall be made not later than six months after the end of the calendar year in which the tax claimed was charged and shall be in respect of tax charged on supplies or on importations made during a period of not less than three months and not more than one calendar year:
provided that a claim may be in respect of tax charged on supplies or on importations made during a period of less than three months where that period represents the final part of a calendar year.
.
b
in paragraph (3), after the words“tax charged on supplies” there shall be inserted the words“or on importations”.
Colin C. Finlinson
Commissioner of Customs & Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
19th December 1988


text:
1
This Order may be cited as the Environment Protection (Overseas Territories) Order 1988 and shall come into force on 21st July 1988.
2
1
The provisions of Parts II and IV of the Food and Environment Protection Act 1985 and Schedules 2, 3 and 4 thereto, modified and adapted as in Schedule 1 hereto, shall extend and apply to the Territories specified in Schedule 2 hereto.
2
For the purpose of construing the said Act as so extended and applied as part of the law of a Territory to which it extends, “the Territory” means that Territory and “any Territory” means any of the Territories to which it extends.
3
1
The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to the sums expressed in sterling in Schedule 1 hereto.
2
A certificate given by or on behalf of the Governor in pursuance of paragraph (1) above shall be conclusive evidence of the matters stated therein for the purposes of this article, and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
4
1
The Dumping at Sea Act 1974 (Overseas Territories) Order 1975 is revoked in respect of the territories to which this Order applies.
2
Any licence under the Dumping at Sea Act 1974 (Overseas Territories) Order 1975 which is in force in respect of the territories to which this Order applies immediately before the coming into force of this Order–
a
shall have effect as from the coming into force of this Order as if granted under this Order; and
b
in the case of a licence for a specified period, shall remain in force, subject to the provisions of this Order, for so much of that period as falls after the coming into force of this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Thames Water Authority (Repeal of Local Enactments) Order 1988 and shall come into force on the 17th February 1988.
2
This Order and the Thames Water Authority Acts and Orders 1974 to 1987 may be cited together as the Thames Water Authority Acts and Orders 1974 to 1988.
Repeal of local enactments
2
The enactments specified in column (1) of the Schedule to this Order (which enable the Thames Water Authority (as the successor to the Metropolitan Water Board ) to abstract defined quantities of water from the River Thames between Windsor and Teddington Weir) are hereby repealed to the extent specified in column (2) thereof.
Nicholas Ridley
Secretary of State for the Environment
14th January 1988


text:
Citation and commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 1988 and shall come into force on 1st October 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“approved” means approved for the time being in writing by the Health and Safety Commission or the Health and Safety Executive as the case may be;
“approved list” means the list published by the Health and Safety Commission entitled “Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd edition)” as revised or re-issued from time to time;
“fumigation” means an operation in which a substance is released into the atmosphere so as to form a gas to control or kill pests or other undesirable organisms and “fumigate” and “fumigant” shall be construed accordingly;
“maximum exposure limit” for a substance hazardous to health means the maximum exposure limit for that substance set out in Schedule 1 in relation to the reference period specified therein when calculated by a method approved by the Health and Safety Commission;
“micro-organism” includes any microscopic biological entity which is capable of replication;
“occupational exposure standard” for a substance hazardous to health means the standard approved by the Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organisms);
“substance hazardous to health” means any substance (including any preparation) which is —
a substance which is listed in Part 1A of the approved list as dangerous for supply within the meaning of the Classification, Packaging and Labelling Regulations 1984 and for which the general indication of nature of risk is specified as very toxic, toxic, harmful, corrosive or irritant;
a substance for which a maximum exposure limit is specified in Schedule 1 or for which the Health and Safety Commission has approved an occupational exposure standard;
a micro-organism which creates a hazard to the health of any person;
dust of any kind, when present at a substantial concentration in air;
a substance, not being a substance mentioned in sub-paragraphs (a) to (d) above, which creates a hazard to the health of any person which is comparable with the hazards created by substances mentioned in those sub-paragraphs.
2
In these Regulations, any reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work which is under the control of his employer.
3
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Duties under these regulations
3
1
Where any duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried on by the employer except that the duties of the employer —
a
under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and
b
under regulations 10 and 12(1) and (2) (which relate respectively to monitoring and information, training etc.) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried on.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee, except that regulations 10 and 11 shall not apply to a self-employed person.
3
The duties imposed by these Regulations shall not extend to the master or crew of a sea-going ship or to the employer of such persons in relation to the normal shipboard activities of a ship’s crew under the direction of the master.
Prohibitions relating to certain substances
4
1
Those substances described in column 1 of Schedule 2 are prohibited to the extent set out in the corresponding entry in column 2 of that Schedule.
2
The importation into the United Kingdom of the following substances and articles is prohibited, namely —
a
2-naphthylamine, benzidine, 4 — aminodiphenyl, 4 — nitrodiphenyl, their salts and any substance containing any of those compounds in a total concentration exceeding 0.1 per cent.;
b
matches made with white phosphorus,
and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
3
A person shall not supply during the course of or for use at work any substance or article the importation of which is prohibited by paragraph (2).
Application of regulations 6 to 12
5
1
Regulations 6 to 12 shall have effect with a view to protecting persons against risks to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except —
a
where and to the extent that the following Regulations apply, namely —
i
the Control of Lead at Work Regulations 1980 ,
ii
the Control of Asbestos at Work Regulations 1987 ;
b
where the substance is hazardous to health solely by virtue of its radioactive, explosive or flammable properties, or solely because it is at a high or low temperature or a high pressure;
c
where the risk to health is a risk to the health of a person to whom the substance is administered in the course of his medical treatment;
d
below ground in any mine within the meaning of section 180 of the Mines and Quarries Act 1954 .
2
In paragraph 1(c) “medical treatment” means medical or dental examination or treatment which is conducted under the direction of a registered medical or dental practitioner and includes any such examination, treatment or administration of any substance conducted for the purpose of research.
3
Nothing in these Regulations shall prejudice any requirement imposed by or under any enactment relating to public health or the protection of the environment.
Assessment of health risks created by work involving substances hazardous to health
6
1
Subject to regulation 17(1) (which relates to transitional provisions), an employer shall not carry on any work which is liable to expose any employees to any substance hazardous to health unless he has made a suitable and sufficient assessment of the risks created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations.
2
The assessment required by paragraph (1) shall be reviewed forthwith if —
a
there is reason to suspect that the assessment is no longer valid; or
b
there has been a significant change in the work to which the assessment relates,
and, where as a result of the review, changes in the assessment are required, those changes shall be made.
Prevention or control of exposure to substances hazardous to health
7
1
Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
2
So far as is reasonably practicable, the prevention or adequate control of exposure of employees to a substance hazardous to health shall be secured by measures other than the provision of personal protective equipment.
3
Where the measures taken in accordance with paragraph (2) do not prevent, or provide adequate control of, exposure to substances hazardous to the health of employees, then, in addition to taking those measures, the employer shall provide those employees with such suitable personal protective equipment as will adequately control their exposure to substances hazardous to health.
4
Where there is exposure to a substance for which a maximum exposure limit is specified in Schedule 1, the control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if the level of exposure is reduced so far as is reasonably practicable and in any case below the maximum exposure limit.
5
Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which an occupational exposure standard has been approved, the control of exposure shall, so far as the inhalation of that substance is concerned, be treated as being adequate if —
a
that occupational exposure standard is not exceeded; or
b
where that occupational exposure standard is exceeded, the employer identifies the reasons for the standard being exceeded and takes appropriate action to remedy the situation as soon as is reasonably practicable.
6
Subject to regulation 17(2) (which relates to transitional provisions), where respiratory protective equipment is provided in pursuance of this regulation, then it shall —
a
be suitable for the purpose; and
b
be of a type approved or shall conform to a standard approved, in either case, by the Health and Safety Executive.
7
In this regulation, “adequate” means adequate having regard only to the nature of the substance and the nature and degree of exposure to substances hazardous to health and “adequately” shall be construed accordingly.
Use of control measures etc.
8
1
Every employer who provides any control measure, personal protective equipment or other thing or facility pursuant to these regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
2
Every employee shall make full and proper use of any control measure, personal protective equipment or other thing or facility provided pursuant to these regulations and, if he discovers any defect therein, he shall report it forthwith to his employer.
Maintenance, examination and test of control measures etc.
9
1
Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that it is maintained in an efficient state, in efficient working order and in good repair.
2
Subject to regulation 17(3) (which relates to transitional provisions), where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examinations and tests of those engineering controls are carried out —
a
in the case of local exhaust ventilation plant, at least once every 14 months, or for local exhaust ventilation plant used in conjunction with a process specified in column 1 of Schedule 3, at the interval specified in the corresponding entry in column 2 of that Schedule;
b
in any other case, at suitable intervals.
3
Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 7, the employer shall ensure that at suitable intervals thorough examinations and, where appropriate, tests of that equipment are carried out.
4
Every employer shall keep a suitable record of the examinations and tests carried out in pursuance of paragraphs (2) and (3) and of any repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
Monitoring exposure at the workplace
10
1
In any case in which —
a
it is requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or
b
it is otherwise requisite for protecting the health of employees,
the employer shall ensure that the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.
2
Where a substance or process is specified in column 1 of Schedule 4, monitoring shall be carried out at the frequency specified in the corresponding entry in column 2 of that Schedule.
3
The employer shall keep a suitable record of any monitoring carried out for the purpose of this regulation and that record or a suitable summary thereof shall be kept available —
a
where the record is representative of the personal exposures of identifiable employees, for at least 30 years;
b
in any other case, for at least 5 years.
Health surveillance
11
1
Where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.
2
Health surveillance shall be treated as being appropriate where —
a
the employee is exposed to one of the substances and is engaged in a process specified in Schedule 5, unless that exposure is not significant; or
b
the exposure of the employee to a substance hazardous to health is such that an identifiable disease or adverse health effect may be related to the exposure, there is a reasonable likelihood that the disease or effect may occur under the particular conditions of his work and there are valid techniques for detecting indications of the disease or the effect.
3
The employer shall ensure that a health record, containing particulars approved by the Health and Safety Executive, in respect of each of his employees to whom paragraph (1) relates is made and maintained and that that record or a copy thereof is kept in a suitable form for at least 30 years from the date of the last entry made in it.
4
Where an employer who holds records in accordance with paragraph (3) ceases to trade, he shall forthwith notify the Health and Safety Executive thereof in writing and offer those records to the Executive.
5
Subject to regulation 17(4) (which relates to transitional provisions), if an employee is exposed to a substance specified in Schedule 5 and is engaged in a process specified therein, the health surveillance required under paragraph (1) shall include medical surveillance under the supervision of an employment medical adviser or appointed doctor at intervals of not more than 12 months or at such shorter intervals as the employment medical adviser or appointed doctor may require.
6
Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified in the health record of that employee that in his professional opinion that employee should not be engaged in work which exposes him to that substance or that he should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in such work except in accordance with the conditions, if any, specified in the health record, unless that entry has been cancelled by an employment medical adviser or appointed doctor.
7
Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified by an entry in his health record that medical surveillance should be continued after his exposure to that substance has ceased, the employer shall ensure that the medical surveillance of that employee is continued in accordance with that entry while he is employed by the employer, unless that entry has been cancelled by an employment medical adviser or appointed doctor.
8
On reasonable notice being given, the employer shall allow any of his employees access to the health record which relates to him.
9
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1) and, in the case of an employee who is subject to medical surveillance in accordance with paragraph (5), shall furnish the employment medical adviser or appointed doctor with such information concerning his health as the employment medical adviser or appointed doctor may reasonably require.
10
Where, for the purpose of carrying out his functions under these regulations, an employment medical adviser or appointed doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer shall permit him to do so.
11
Where an employee or an employer is aggrieved by a decision recorded in the health record by an employment medical adviser or appointed doctor to suspend an employee from work which exposes him to a substance hazardous to health (or to impose conditions on such work), he may, by an application in writing to the Executive within 28 days of the date on which he was notified of the decision, apply for that decision to be reviewed in accordance with a procedure approved for the purposes of this paragraph by the Health and Safety Commission, and the result of that review shall be notified to the employee and employer and entered in the health record in accordance with the approved procedure.
12
In this regulation —
“appointed doctor” means a fully registered medical practitioner who is appointed for the time being in writing by the Health and Safety Executive for the purposes of this regulation;
“employment medical adviser” means an employment medical adviser appointed under section 56 of the 1974 Act;
“health surveillance” includes biological monitoring.
Information, instruction and training for persons who may be exposed to substances hazardous to health
12
1
An employer who undertakes work which may expose any of his employees to substances hazardous to health shall provide that employee with such information, instruction and training as is suitable and sufficient for him to know —
a
the risks to health created by such exposure; and
b
the precautions which should be taken.
2
Without prejudice to the generality of paragraph (1), the information provided under that paragraph shall include —
a
information on the results of any monitoring of exposure at the workplace in accordance with regulation 10 and, in particular, in the case of any substance hazardous to health specified in Schedule 1, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded; and
b
information on the collective results of any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent it from being identified as relating to any particular person.
3
Every employer shall ensure that any person (whether or not his employee) who carries out any work in connection with the employer’s duties under these regulations has the necessary information, instruction and training.
Provisions relating to certain fumigations
13
1
This regulation shall apply to fumigations in which the fumigant used or intended to be used is hydrogen cyanide, ethylene oxide, phosphine or methyl bromide, except that this regulation shall not apply to fumigations using the fumigant specified in column 1 of Schedule 6 when the nature of the fumigation is that specified in the corresponding entry in column 2 of that Schedule.
2
An employer shall not undertake any fumigation to which this regulation applies unless he has —
a
notified the persons specified in Part I of Schedule 7 of his intention to undertake the fumigation; and
b
provided to those persons the information specified in Part II of that Schedule,
at least 24 hours in advance, or such shorter time in advance, as the persons required to be notified may agree.
3
An employer who undertakes a fumigation to which this regulation applies shall ensure that, before the fumigant is released, suitable warning notices have been affixed at all points of reasonable access to the premises or to those parts of the premises in which the fumigation is to be carried out and that after the fumigation has been completed, and the premises are safe to enter, those warning notices are removed.
Exemption certificates
14
1
Subject to paragraph (2) and to any of the provisions imposed by the European Communities in respect of the protection of workers from the risks related to exposure to chemical, physical and biological agents at work, the Executive may, by a certificate in writing, exempt any person or class of persons or any substance or class of substances from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless having regard to the circumstances of the case and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Extension outside Great Britain
15
These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of Article 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977 as they apply to work in Great Britain.
Defence in proceedings for contravention of these Regulations
16
In any proceedings for an offence consisting of a contravention of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Transitional provisions
17
1
Where work which is liable to expose employees to substances hazardous to health was commenced before 1st October 1989 or within 3 months after that date, it shall be a sufficient compliance with regulation 6(1) if the assessment required by that regulation is made before 1st January 1990.
2
Until 1st January 1990, respiratory protective equipment required to be approved in accordance with regulation 7(6) need not be so approved, but until that date any such equipment which was required to be approved under any regulation revoked by these Regulations shall be approved in accordance with those Regulations or in accordance with the said regulation 7(6).
3
Where, in respect of the engineering controls to which regulation 9(2) applies, immediately before 1st October 1989 local exhaust ventilation plant was required to be thoroughly examined and tested under any of the relevant statutory provisions then in force, the first thorough examination and test under regulation 9(2) shall not be required until the date on which it would have next been required under the former provision had that provision not been revoked.
4
Where, in respect of an employee to whom regulation 11(1) applies, immediately before 1st October 1989 the employee was subject to health surveillance under any of the relevant statutory provisions then in force, he shall not be required to be medically examined for the first time under regulation 11(5) until the date on which he would have next been required to be so examined under the former provision had that provision not been revoked.
Modifications relating to the Ministry of Defence etc.
18
1
In this regulation, any reference to —
a
“visiting forces” is a reference to visiting forces within the meaning of any provision of Part I of the Visiting Forces Act 1952 ; and
b
“headquarters or organisation” is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
Her Majesty’s Forces;
b
visting forces;
c
any member of a visiting force working in or attached to any headquarters or organisation; or
d
any person engaged in work involving substances hazardous to health, if that person is under the direct supervision of a representative of the Secretary of State for Defence,
from all or any of the requirements or prohibitions imposed by these regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the health risks created by the work involving substances hazardous to health and for adequately controlling the exposure to those substances of persons to whom the exemption relates.
3
Regulation 11(11) shall not apply in relation to —
a
Her Majesty’s Forces;
b
visiting forces; or
c
any member of a visiting force working in or attached to any headquarters or organisation.
Repeals, revocations and savings
19
1
The provisions of —
a
the Mines and Quarries Act 1954 specified in column 1 of Part I of Schedule 8; and
b
the Factories Act 1961 specified in column 1 of Part II of Schedule 8,
are repealed to the extent set out in the entry opposite thereto in the corresponding entry in column 2 of the respective Part.
2
The Hydrogen Cyanide (Fumigation) Act 1937 is repealed.
3
The regulations and orders specified in column 1 of Schedule 9 are revoked or, where expressly stated, modified to the extent set out in the entry opposite thereto in column 2 of that Schedule.
4
Any record or register required to be kept under any regulations or orders revoked by paragraph (3) shall, notwithstanding those revocations, be kept in the same manner and for the same period as if these Regulations had not been made, except that the Health and Safety Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the regulations or orders so revoked.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
26th September 1988