text:
1
This Order may be cited as the A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Speed Limits) Order 1988 and shall come into force on 18th April 1988.
2
In this Order: —
“the Relief Road” means that length of the London North Circular Trunk Road (A406) in the London Boroughs of Redbridge, Newham and Barking and Dagenham, starting at a point 20 metres east of the eastern kerbline of Maybank Road and extending in a general southerly direction to its termination at the A13 roundabout, a distance of approximately 8.54 kilometres;
“the A13 roundabout” means the roundabout at the intersection of the Relief Road and the London-Tilbury Trunk Road (A13);
“M11 northbound exit link road” means that length of road which links the northbound carriageway of the Relief Road with the northbound carriageway of M11 motorway;
“M11 southbound access link road” means that length of road which links the southbound carriageway of M11 motorway with the southbound carriageway of the Relief Road;
“A12 northbound exit slip road” means that length of road which links the northbound carriageway of the Relief Road with the A12 roundabout;
“A12 northbound access slip road” means that length of road which links the A12 roundabout with the northbound carriageway of the Relief Road;
“A12 southbound exit slip road” means that length of road which links the southbound carriageway of the Relief Road with the A12 roundabout;
“A12 southbound access slip road” means that length of road which links the A12 roundabout with the southbound carriageway of the Relief Road;
“the A12 roundabout” means the roundabout at the intersection of Eastern Avenue (A12), Redbridge Lane East and Royston Gardens;
“A118 northbound exit slip road” means that length of road which links the northbound carriageway of the Relief Road with the A118 spur road;
“A118 northbound access slip road” means that length of road which links the A118 spur road with the northbound carriageway of the Relief Road;
“A118 southbound exit slip road” means that length of road which links the southbound carriageway of the Relief Road with the A118 spur road;
“A118 southbound access slip road” means that length of road which links the A118 spur road with the southbound carriageway of the Relief Road;
“the A118 spur road” means that length of road which links the A118 northbound exit slip road, the A118 northbound access slip road, the A118 southbound exit slip road and the A118 southbound access slip road to Romford Road (A118);
“A124 northbound exit slip road” means that length of road which links the northbound carriageway of the Relief Road with the A124 roundabout;
“A124 northbound access slip road” means that length of road which links the A124 roundabout with the northbound carriageway of the Relief Road;
“A124 southbound exit slip road” means that length of road which links the southbound carriageway of the Relief Road with the A124 roundabout;
“A124 southbound access slip road” means that length of road which links Highbridge Road with the southbound carriageway of the Relief Road;
“the A124 roundabout” means the roundabout at the intersection of Barking Road (A124), London Road (A124), Highbridge Road, the A124 northbound exit slip road, the A124 northbound access slip road and the A124 southbound exit slip road.
3
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on any of the lengths of road specified in Schedule 1 to this Order.
4
No person shall drive any motor vehicle at a speed exceeding 40 miles per hour on any of the lengths of road specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Dawson
Director (Transport) London Regional Office of the
Department of Transport
14th April 1988


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order, which supersedes the Land Registration (District Registries) ( No. 2) Order 1987 , may be cited as the Land Registration (District Registries) Order 1988 and shall come into force on 1st April 1989.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Land Registration Act 1925;
“ district registry ” means a district registry of the Land Registry within the meaning of section 132 of the Act;
“ the Schedule ” means the Schedule to this Order.
District Registries
2
1
a
There shall continue to be district registries bearing the names and at the places specified in column 1 in Part I of the Schedule.
b
On and after the date specified in column 1 in Part II of the Schedule there shall be a new district registry bearing the name and at the place specified in that column.
2
Each district registry shall be the proper office for the purposes of the registration of titles to land wholly or partly in its district, which shall comprise the administrative areas specified opposite its name in columns 2 and 3 in both Parts of the Schedule:
Provided that —
a
the county of Surrey shall not form part of the district of the Durham District Land Registry before 1st May 1989 and shall not form part of the district of the Tunbridge Wells District Land Registry on or after that date;
b
the London Borough of Ealing shall not form part of the district of the Swansea District Land Registry before 1st June 1989 and shall not form part of the district of the Harrow District Land Registry on or after that date;
c
the county of Humberside shall not form part of the district of the Kingston upon Hull District Land Registry before 1st October 1989 and shall not form part of the district of the Durham District Land Registry on or after that date;
and the provisions of the Schedule shall be construed accordingly.
Mackay of Clashfern, C.
Dated 28th September 1988
We concur,
David Lightbown
Anthony Durrant
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 19th October 1988


text:
Citation and commencement
1
This Order may be cited as the Central Regional Council (Kirkton Burn, Balquhidder) Water Order 1988 and shall come into force on 19th February 1988.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Central Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Central Regional Council (Kirkton Burn, Balquhidder) Water Order 1988 Plan of Catchment Area” and
“The Central Regional Council (Kirkton Burn, Balquhidder) Water Order 1988 Plan and Sections of Works”, one copy of each of which is deposited in the Scottish Office, New St. Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Stirling;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purpose of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water within their limits of supply when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act( ) as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking insofar as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking, by means of an intake weir (part of Work No. 2) take water from the stream known as the Kirkton Burn, Balquhidder in the Stirling District in the Central Region.
5
1
During the construction of the works the Council may take from the said Kirkton Burn such water as they may require for such construction.
2
After the completion of the works the Council shall not —
a
take any water from the said Kirkton Burn so as to reduce the rate of flow therein below 450 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 2);
b
in any one day take from the said Kirkton Burn a quantity of water greater than 180 cubic metres as measured through or over an approved gauge (part of Work No.4).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and one copy of each of the deposited plans.
Alasdair C Paton
Deputy Chief Engineer, Scottish Office
New St Andrew’s House,
Edinburgh
12th February 1988


text:
1
1
These Regulations may be cited as the Insurance Companies (Accounts and Statements) (Amendment) Regulations 1988 and shall come into operation on the date when section 3 of the Financial Services Act 1986 comes into operation.
2
The Insurance Companies (Accounts and Statements) Regulations 1983 (“the principal Regulations”) shall have effect subject to the amendment set out in regulation 2 below.
2
In regulation 3(1) of the principal Regulations in the definition of “authorised unit trust scheme” there shall be substituted for the words “means a scheme authorised under the Prevention of Fraud (Investments) Act 1958 or the Prevention of Fraud (Investments) Act (Northern Ireland) 1940” the words “has the meaning given to it by the Financial Services Act 1986”.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
6th April 1988


text:
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 10) Order 1988.
2
Articles 6(2) and 7 of the Financial Services Act 1986 (Commencement) (No. 8) Order 1988 shall be revoked.
3
Insofar as it is not yet in force, section 76 of the Financial Services Act 1986 shall come into force on 31st December 1988 except insofar as it has effect in relation to —
a
an open-ended investment company units in which are either included in the Official List of The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited or are offered on terms such that any agreement for their acquisition is conditional upon such listing being an open-ended investment company which either —
i
is managed in and authorised under the law of a country or territory in respect of which an order under section 87 of the Financial Services Act 1986 is in force on 31st December 1988 and which is of a class specified in that order; or
ii
is constituted in a member State in respect of which an order under paragraph 10 of Schedule 15 to the Financial Services Act 1986 is in force on 31st December 1988 and which meets the requirements specified in that order; or
b
any prospectus issued by or on behalf of an open-ended investment company which fulfils the conditions described in paragraph (a)(i) of this article being a prospectus which complies with Chapter II of Part III of the Companies Act 1985 or the corresponding provisions of the Companies (Northern Ireland) Order 1986 and the issue of which in the United Kingdom does not contravene section 74 or 75 of the Companies Act 1985 or the corresponding provisions of the Companies (Northern Ireland) Order 1986 as the case may be, and
shall come into force on 1st March 1989 for all remaining purposes.
4
Section 212(3) of and Schedule 17 to the Financial Services Act 1986 shall come into force on 31st December 1988 insofar as is necessary to have the effect that, to the extent that they do apply, the provisions of Part III and section 693 of, and Schedule 3 to, the Companies Act 1985 and the corresponding provisions of the Companies (Northern Ireland) Order 1986 cease to apply to a prospectus offering for subscription, or to any application form for, units in an open-ended investment company which does not fulfil the conditions described in article 3(a)(i) of this Order and shall come into force on 1st March 1989 insofar as is necessary to have the effect described in this article with respect to a prospectus offering for subscription, or to any application form for, units in an open-ended investment company which does fulfil those conditions.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
9th November 1988


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Third Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
The Civil Aviation (Navigation Services Charges) Regulations 1986 shall be further amended as follows —
1
In regulation 2(1), for the Table there shall be substituted the following new Table —
TABLE
Column 1 Column 2 Column 3
Heathrow — London
For each metric tonne and each fraction of a metric tonne up to 100 metric tonnes
£1.40 £1.18
For each additional metric tonne, and for each fraction of a metric tonne, over 100 tonnes
£0.60 £0.49 Gatwick — London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.40 £1.18
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.60 £0.49 Stansted — London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.40 £1.18
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.60 £0.49 Aberdeen (Dyce) £4.10 £3.45 Edinburgh £3.85 £3.25 Glasgow £2.85 £2.40 Prestwick £3.60 £3.05
2
In regulation 5 for“a charge of seventy pounds” there shall be substituted“a charge of seventy-four pounds”.
3
In regulation 6(3) for“a charge of thirty-three pounds” there shall be substituted“a charge of forty pounds”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1988
We consent to the making of these Regulations
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) (No. 2) Order 1988 and shall come into force on 1st January 1989.
2
In this Order “the principal Order ” means the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985 .
Amendment of the principal Order
2
The principal Order shall be amended in accordance with articles 3 to 7 below.
3
In article 3 (exemption for merchants in veterinary drugs) —
a
in paragraph (11)(a) there shall be substituted for the amount “£130.00” the amount “£150.00”;
b
in paragraph (11)(b) there shall be substituted for the amount “£91.00” the amount “£99.00”;
c
in paragraph (12)(b) there shall be inserted after the date “30th October 1984” the words “, as amended on 22nd November 1988,”;
d
after paragraph (14) there shall be inserted the following paragraph —
14A
The Society or the Department shall refuse to retain in the Society’s register or the Department’s register (as the case may be) the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) on or before 31st January 1989 a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.
;
e
after paragraph (15) there shall be inserted the following paragraph —
15A
The Society or the Department shall refuse to restore to the Society’s register or the Department’s register (as the case may be) the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (12)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.
.
4
In article 5 (exemptions for merchants in horse wormers) —
a
in paragraph (11)(b) there shall be inserted after the date “October 1985” the words “, as amended on 22nd November 1988,”;
b
after paragraph (13) there shall be inserted the following paragraph —
13A
The Society or the Department shall refuse to retain in the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name is already entered in the register on 1st January 1989 unless that person gives to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.
;
c
after paragraph (14) there shall be inserted the following paragraph —
14A
The Society or the Department shall refuse to restore to the register kept by the Society or the Department (as the case may be) under paragraph (6) above the name of any person in respect of any premises if his name has been removed from the register before 1st January 1989 unless that person has given to the Society or the Department (as the case may be) a new undertaking in writing that he will comply with the provisions of the code of practice referred to in paragraph (11)(b) above, and that undertaking shall supersede the undertaking previously given by him pursuant to that paragraph.
.
5
For Part B of Schedule 1 (veterinary drugs sold by merchants) there shall be substituted the provisions set out in Schedule 1 to this Order.
6
For Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) there shall be substituted the provisions set out in Schedule 2 to this Order.
7
In Schedule 4 (horse wormers) there shall be omitted —
a
the entry “PL 0003/4127 Systamex Paste 18.5% Horse and Pony Wormer”;
b
the product licence number “PL 0829/4058” in the entry relating to Telmin.
Kenneth Clarke
Secretary of State for Health
29th November 1988
Sanderson of Bowden
Minister of State, Scottish Office
28th November 1988
Peter Walker
Secretary of State for Wales
28th November 1988
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th November 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 1st day of December 1988.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 2nd day of December 1988.
W. H. Jack
Permanent Secretary
We consent,
David Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 1988


text:
1
This Order may be cited as the Criminal Justice Act (Commencement No. 4) Order 1988.
2
The provisions of the Criminal Justice Act 1988 referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 5th January 1989.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
28th November 1988


text:
1
The length of the trunk road described in Schedule 1 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the London Borough of Waltham Forest that the new trunk roads are open for through traffic.
2
The length of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the London Borough of Waltham Forest that the new trunk roads are open for through traffic.
3
In this Order: — (1) All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2 EC 99, consisting of two sheets bound together, marked “The London — Norwich Trunk Road (A11) (Leytonstone Road and High Road Leytonstone Detrunking) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iv
“the new trunk roads” means the trunk roads to be constructed by the Secretary of State in pursuance of the London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Order 1986 ; and
v
“the trunk road” means the London — Norwich Trunk Road (A11).
4
This Order shall come into force on 3rd November 1988 and may be cited as the London — Norwich Trunk Road (A11) (Leytonstone Road and High Road Leytonstone Detrunking) Order 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
26th October 1988


text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) Regulations 1988 and shall come into force on 1st April 1988.
Interpretation
2
In these Regulations “TIR design-type approval” means the approval of a vehicle design-type granted in pursuance of Annex 3 to the Customs Convention on the International Transport of Goods under Cover of TIR Carnets of 14th November 1975 and “TIR vehicle approval certificate” means a certificate of approval issued for a vehicle in pursuance of that Annex.
Fees
3
The fee for an inspection of a vehicle design-type in connection with the grant of TIR design-type approval shall be —
i
£62 where the inspection is of a design-type which is variation of a design-type for which a TIR design-type approval has been granted; and
ii
£380 in any other case.
4
The fee for the issue of a TIR vehicle approval certificate for a vehicle which is of a design-type for which TIR design-type approval has been granted shall be £5.50.
5
The fee for an inspection of a vehicle in connection with the issue of a TIR vehicle approval certificate shall be —
i
£42 where the inspection is carried out following refusal of such a certificate for the vehicle; and
ii
£60 in any other case.
6
An application made to the Secretary of State for a TIR certificate shall be accompanied by the appropriate fee determined in accordance with regulations 3, 4 and 5.
7
All fees received under these Regulations shall be paid into the Consolidated Fund.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
29th February 1988
We consent to the making of these Regulations
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 1988


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“adjudicating authority” means, as the case may be, the Chief or any other adjudication officer, a social security appeal tribunal, the Chief or any other Social Security Commissioner or a Tribunal of Commissioners;
“benefit” means any benefit under the Social Security Act 1975 , child benefit, family credit, income support and any payment under section 32(2)(a) of the Act (maternity and funeral expenses);
“child benefit” means benefit under Part I of the Child Benefit Act 1975 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“family credit” means family credit under Part II of the Act;
“guardian’s allowance” means an allowance under section 38 of the Social Security Act 1975 ;
“income support” means income support under Part II of the Act and includes personal expenses addition, special transitional addition and transitional addition as defined in the Income Support (Transitional) Regulations 1987 ;
“ Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“severe disablement allowance” means an allowance under section 36 of the Social Security Act 1975 .
3
Unless the context otherwise requires, any reference in these Regulations to a numbered Part or regulation is a reference to the Part or regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.a numbered Part or regulation is a reference to the Part or regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
PART II
INTERIM PAYMENTS
Making of interim payments
2
1
The Secretary of State may, in his discretion, make an interim payment, that is to say a payment on account of any benefit to which it appears to him that a person is or may be entitled, in the following circumstances —
a
a claim for that benefit has not been made in accordance with the Claims and Payments Regulations and it is impracticable for such a claim to be made immediately; or
b
a claim for that benefit has been so made, but it is impracticable for it or a reference, review, application or appeal which relates to it to be determined immediately; or
c
an award of that benefit has been made but it is impracticable for the beneficiary to be paid immediately, except by means of an interim payment.
2
On or before the making of an interim payment the recipient shall be given notice in writing of his liability under this Part to have it brought into account and to repay any overpayment.
Bringing interim payments into account
3
Where it is practicable to do so and notice has been given as required by regulation 2(2), the interim payment shall be brought into account as follows —
a
any interim payment made in anticipation of an award of benefit shall be offset by the adjudicating authority in reduction of the benefit to be awarded; and
b
any interim payment (whether or not made in anticipation of an award) which is not offset under paragraph (a) shall be deducted by the Secretary of State from —
i
the sum payable under the award of benefit on account of which the interim payment was made; or
ii
any sum payable under any subsequent award of the same benefit to the same person.
Recovery of overpaid interim payments
4
1
Where the adjudicating authority has determined that an interim payment has been overpaid in circumstances which fall within paragraph (3) and that notice has been given as required by regulation 2(2), that authority shall determine the amount of the overpayment.
2
The amount of the overpayment shall be recoverable by the Secretary of State by the same procedures and subject to the same conditions as if it were recoverable under section 53(1) of the Act.
3
The circumstances in which an interim payment may be determined to have been overpaid are as follows —
a
an interim payment has been made under regulation 2(1)(a) or (b) but —
i
the recipient has failed to make a claim in accordance with the Claims and Payments Regulations as soon as practicable or has made a claim which is either defective or is not made on the form approved for the time being by the Secretary of State and the Secretary of State has not treated the claim as duly made under regulation 4(7) of the Claims and Payments Regulations, or
ii
it has been determined that there is no entitlement on the claim, or that the entitlement is less than the amount of the interim payment, or that benefit on the claim is not payable, or
iii
the claim has been withdrawn under regulation 5(2) of the Claims and Payments Regulations; or
b
an interim payment has been made under regulation 2(1)(c) which exceeds the entitlement under the award of benefit on account of which the interim payment was made.
4
For the purposes of this regulation a claim is defective if it is made on the form approved for the time being by the Secretary of State but is not completed in accordance with the instructions on the form.
PART III
OFFSETTING
Offsetting prior payment against subsequent award
5
1
Subject to regulation 6 (exception from offset of recoverable overpayment), any sum paid in respect of a period covered by a subsequent determination in any of the cases set out in paragraph (2) shall be offset against arrears of entitlement under the subsequent determination and, except to the extent that the sum exceeds the arrears, shall be treated as properly paid on account of them.
2
Paragraph (1) applies in the following cases —
Case 1: Payment under an award which is revised, reversed or varied
Where a person has been paid a sum by way of benefit under an award which is subsequently varied on appeal or revised on a review.
Case 2: Award or payment of benefit in lieu
Where a person has been paid a sum by way of benefit under the original award and it is subsequently determined, on review or appeal, that another benefit should be awarded or is payable in lieu of the first.
Case 3: Child benefit and severe disablement allowance
Where either —
a person has been awarded and paid child benefit for a period in respect of which severe disablement allowance is subsequently determined to be payable to the child concerned; or
severe disablement allowance is awarded and paid for a period in respect of which child benefit is subsequently awarded to someone else, the child concerned in the subsequent determination being the beneficiary of the original award.
Case 4: Increase of benefit for dependant
Where a person has been paid a sum by way of an increase in respect of a dependent person under the original award and it is subsequently determined that that other person is entitled to benefit for that period, or that a third person is entitled to the increase for that period in priority to the beneficiary of the original award.
Case 5: Increase of benefit for partner
Where a person has been paid a sum by way of an increase in respect of a partner (as defined in regulation 2 of the Income Support Regulations) and it is subsequently determined that that other person is entitled to benefit for that period.
3
Where an amount has been deducted under regulation 13(b) (sums to be deducted in calculating recoverable amounts) an equivalent sum shall be offset against any arrears of entitlement of that person under a subsequent award of income support for the period to which the deducted amount relates.
4
Where child benefit which has been paid under an award in favour of a person (the original beneficiary) is subsequently awarded to someone else for any week, the benefit shall nevertheless be treated as properly paid if it was received by someone other than the original beneficiary, who —
a
either had the child living with him or was contributing towards the cost of providing for the child at a weekly rate which was not less than the weekly rate under the original award, and
b
could have been entitled to child benefit in respect of that child for that week had a claim been made in time.
5
Any amount which is treated under paragraph (4) as properly paid shall be deducted from the amount payable to the beneficiary under the subsequent award.
Exception from offset of recoverable overpayment
6
No amount may be offset under regulation 5(1) which has been determined to be a recoverable overpayment for the purposes of section 53(1) of the Act.
PART IV
PREVENTION OF DUPLICATION OF PAYMENTS
Duplication and prescribed income
7
1
For the purposes of section 27(1) of the Act (recovery of amount of benefit awarded because prescribed income not paid on prescribed date), a person’s prescribed income is income required to be taken into acount in accordance with Part V of the Income Support Regulations.
2
The prescribed date in relation to any payment of income prescribed by paragraph (1) is —
a
where it is made in respect of a specific day or period, that day or the first day of the period;
b
where it is not so made, the day or the first day of the period to which it is fairly attributable.
Duplication and prescribed payments
8
1
For the purposes of section 27(2) of the Act (recovery of amount of benefit awarded because prescribed payment not made on prescribed date), the payment of any of the following is a prescribed payment —
a
any benefit under the Social Security Act 1975 other than any gratuity or a widow’s payment ;
b
any child benefit;
c
any family credit;
d
any war disablement pension or war widow’s pension which is not in the form of a gratuity and any payment which the Secretary of State accepts as analogous to any such pension;
e
any allowance paid under the Job Release Act 1977 ;
f
any allowance payable by or on behalf of the Manpower Services Commission to or in respect of a person for his maintenance for any period during which he is following a course of training or instruction provided or approved by that Commission;
g
any payment of benefit under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation ( EEC ) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community , whether or not the benefit has been acquired by virtue of the provisions of that Regulation.
2
The prescribed date, in relation to any payment prescribed by paragraph (1) is the date by which receipt of or entitlement to that benefit would have to be notified to the Secretary of State if it were to be taken into account in determining, whether on review or otherwise, the amount of or entitlement to income support.
Duplication and maintenance payments
9
For the purposes of section 27(3) of the Act (recovery of amount of benefit awarded because maintenance payments not made), the following benefits are prescribed —
a
child benefit;
b
increases for dependants of any benefit under the Social Security Act 1975;
c
child’s special allowance under section 31 of the Social Security Act 1975 ; and
d
guardian’s allowance.
Conversion of payments made in a foreign currency
10
Where a payment of income prescribed by regulation 7(1), or a payment prescribed by regulation 8(1), is made in a currency other than sterling, its value in sterling, for the purposes of section 27 of the Act and this Part, shall be determined, after conversion by the Bank of England, or by any bank which is a recognised bank for the purposes of the Banking Act 1979 , as the net sterling sum into which it is converted, after any banking charge or commission on the transaction has been deducted.
PART V
DIRECT CREDIT TRANSFER OVERPAYMENTS
Recovery of overpayments by automated or other direct credit transfer
11
1
Where it is determined by the adjudicating authority that a payment in excess of entitlement has been credited to a bank or other account under an arrangement for automated or other direct credit transfer made in accordance with regulation 21 of the Claims and Payments Regulations and that the conditions prescribed by paragraph (2) are satisfied, the excess, or the specified part of it to which the Secretary of State’s certificate relates, shall be recoverable under this regulation.
2
The prescribed conditions for recoverability under paragraph (1) are as follows —
a
the Secretary of State has certified that the payment in excess of entitlement, or a specified part of it, is materially due to the arrangement for payments to be made by automated or other direct credit transfer; and
b
notice of the effect which this regulation would have, in the event of an overpayment, was given in writing to the beneficiary, or to a person acting for him, before he agreed to the arrangement.
3
Where the arrangement was agreed to before 6th April 1987 the condition prescribed by paragraph 2(b) need not be satisfied in any case where the application for benefit to be paid by automated or other direct credit transfer contained a statement, or was accompanied by a writen statement made by the applicant, which complied with the provisions of regulation 16A(3)(b) and (8) of the Social Security (Claims and Payments) Regulations 1979 or, as the case may be, regulation 7(2)(b) and (6) of the Child Benefit (Claims and Payments) Regulations 1984 .
PART VI
REVISION OF DETERMINATION AND CALCULATION OF AMOUNT RECOVERABLE
Circumstances in which determination need not be revised
12
Section 53(4) of the Act (recoverability dependent on reversal, variation or revision of determination) shall not apply where the fact and circumstances of the misrepresentation or non-disclosure do not provide a basis for reviewing and revising the determination under which payment was made.
Sums to be deducted in calculating recoverable amounts
13
In calculating the amounts recoverable under section 53(1) of the Act or regulation 11, where there has been an overpayment of benefit, the adjudicating authority shall deduct —
a
any amount which has been offset under Part III;
b
any additional amount of income support which was not payable under the original, or any other, determination, but which should have been determined to be payable —
i
on the basis of the claim as presented to the adjudicating authority, or
ii
on the basis of the claim as it would have appeared had the misrepresentation or non-disclosure been remedied before the determination;
but no other deduction shall be made in respect of any other entitlement to benefit which may be, or might have been, determined to exist.
but no other deduction shall be made in respect of any other entitlement to benefit which may be, or might have been, determined to exist.
Quarterly diminution of capital
14
1
For the purposes of section 53(1) of the Act, where income support or family credit has been overpaid in consequence of a misrepresentation as to the capital a claimant possesses or a failure to disclose its existence, the adjudicating authority shall treat that capital as having been reduced at the end of each quarter from the start of the overpayment period by the amount overpaid by way of income support or family credit within that quarter.
2
Capital shall not be treated as reduced over any period other than a quarter or in any circumstances other than those for which paragraph (1) provides.
3
In this regulation —
“a quarter” means a period of 13 weeks starting with the first day on which the overpayment period began and ending on the 90th consecutive day thereafter;
“overpayment period” is a period during which income support or family credit is overpaid in consequence of a misrepresentation as to capital or a failure to disclose its existence.
PART VII
THE PROCESS OF RECOVERY
Recovery by deduction from prescribed benefits
15
1
Subject to regulation 16, where any amount is recoverable under sections 27 or 53(1) of the Act, or under these Regulations, that amount shall be recoverable by the Secretary of State from any of the benefits prescribed by the next paragraph to which the person from whom it is determined the amount to be recoverable is entitled.
2
The following benefits are prescribed for the purposes of this regulation —
a
subject to paragraphs (1) and (2) of regulation 16, any benefit under the Social Security Act 1975 ;
b
subject to paragraphs (1) and (2) of regulation 16, any child benefit;
c
any family credit;
d
subject to regulation 16, any income support.
Limitations on deductions from prescribed benefits
16
1
Deductions may not be made from entitlement to the benefits prescribed by paragraph (2) except as a means of recovering an overpayment of the benefit from which the deduction is to be made.
2
The benefits specified for the purposes of paragraph (1) are guardian’s allowance, attendance allowance in respect of a child, arising under section 35(1) to (4) of the Social Security Act 1975 as modified by regulation 6 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 , and child benefit.
3
Regulation 15 shall apply without limitation to any payment of arrears of benefit other than any arrears caused by the operation of regulation 37(1) of the Claims and Payments Regulations (suspension of payments).
4
Regulation 15 shall apply to the amount of income support to which a person is presently entitled only to the extent that there may, subject to paragraphs 8 and 9 of Schedule 9 to the Claims and Payments Regulations, be recovered in respect of any one benefit week —
a
in a case to which paragraph (5) applies, not more than the amount there specified; and
b
in any other case, 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.
5
Where the person responsible for the misrepresentation of or failure to disclose a material fact has, by reason thereof, been found guilty of an offence under section 55 of the Act or under any other enactment, or has made a written statement after caution in admission of deception or fraud for the purpose of obtaining benefit, the amount mentioned in paragraph (4)(a) shall be 4 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, where it is not a multiple of 10 pence, rounded to the nearest such multiple or, if it is a multiple of 5 pence but not of 10 pence, the next higher multiple of 10 pence.
6
Where, in the calculation of the income of a person to whom the income support is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraphs 4 to 9 of Schedule 8 to the Income Support Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 15 and 16 of Schedule 9 to those Regulations (sums to be disregarded in the calculation of income other than earnings) the weekly amount applicable under paragraph (4) may be increased by not more than half the amount of the reduction, and any increase under this paragraph has priority over any increase which would, but for this paragraph, be made under paragraph 6(5) of Schedule 9 to the Claims and Payments Regulations.
7
Regulation 15 shall not be applied to a specified benefit so as to reduce the benefit in any one benefit week to less than 10 pence.
8
In this regulation —
“benefit week” means the week corresponding to the week in respect of which the benefit is paid;
“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(c) of column 2 of Schedule 2 to the Income Support Regulations;
“specified benefit” means income support either alone or together with any unemployment, sickness or invalidity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment;
“written statement after caution” means —
in England and Wales, a written statement made in accordance with the Police and Criminal Evidence Act 1984 (Codes of Practice) (No.1) Order 1985 , or, before that Order came into operation, the Judges Rules;
in Scotland, a written statement duly witnessed by 2 persons.
Recovery from couples
17
In the case of an overpayment of income support or family credit to one of a married or unmarried couple, the amount recoverable by deduction, in accordance with regulation 15, may be recovered by deduction from income support or family credit payable to either of them, provided that the two of them are a married or unmarried couple at the date of the deduction.rable by deduction, in accordance with regulation 15, may be recovered by deduction from income support or family credit payable to either of them, provided that the two of them are a married or unmarried couple at the date of the deduction.
PART VIII
RECOVERY BY DEDUCTIONS FROM EARNINGS FOLLOWING TRADE DISPUTE
Recovery by deductions from earnings
18
1
Any sum paid to a person on an award of income support made to him by virtue of section 23(8) of the Act (effect of return to work after a trade dispute) shall be recoverable from him in accordance with this Part of these Regulations.
2
In this Part, unless the context otherwise requires —
“available earnings” means the earnings, including any remuneration paid by or on behalf of an employer to an employee who is for the time being unable to work owing to sickness, which remain payable to a claimant on any pay-day after deduction by his employer of all amounts lawfully deductible by the employer otherwise than by virtue of a deduction notice;
“claimant” means a person to whom an award is made by virtue of section 23(8) of the Act;
“deduction notice” means a notice under regulation 20 or 25;
“employment” means employment (including employment which has been suspended but not terminated) in remunerative work, and related expressions shall be construed accordingly;
“pay-day” means an occasion on which earnings are paid to a claimant;
“protected earnings” means protected earnings as determined by an adjudicating authority, in accordance with regulation 19(2), under regulation 19(1)(a) or 24;
“recoverable amount” means the amount (determined in accordance with regulation 20(3) or (5) or regulation 25(2)(a)) by reference to which deductions are to be made by an employer from a claimant’s earnings by virtue of a deduction notice;
“repaid by the claimant” means paid by the claimant directly to the Secretary of State by way of repayment of income support otherwise recoverable under this Part of these Regulations.
3
Any notice or other document required or authorised to be given or sent to any person under the provisions of this Part shall be deemed to have been given or sent if it was sent by post to that person in accordance with paragraph (6) of regulation 27 where that regulation applies and, in any other case, at his ordinary or last known address or in the case of an employer at the place of business where the claimant to which it relates is employed, and if so sent to have been given or sent on the day on which it was posted.
Award and protected earnings
19
1
Where an adjudicating authority determines that a person claiming income support is entitled by virtue of section 23(8) of the Act (effect of return to work after a trade dispute) and makes an award to him accordingly he shall determine the claimant’s protected earnings (that is to say the amount below which his actual earnings must not be reduced by any deduction made under this Part).
2
The adjudicating authority shall include in his decision —
a
the amount of income support awarded together with a statement that the claimant is a person entitled by virtue of section 23(8) of the Act and that accordingly any sum paid to him on that award will be recoverable from him as provided in this Part;
b
the amount of the claimant’s protected earnings, and
c
a statement of the claimant’s duty under regulation 28 (duty to give notice of cessation or resumption of employment).
3
The protected earnings of the claimant shall be —
a
the sum specified in paragraph (4), plus
b
the sum specified in paragraph (5), less
c
the result any child benefit which falls to be taken into account in calculating his income for the purposes of Part V of the Income Support Regulations.
4
The sum referred to in paragraph (3)(a) shall be the aggregate of the amounts calculated under regulation 17(a) to (d), 18(a) to (e), 20 or 21, as the case may be, of the Income Support Regulations.
5
The sum referred to in paragraph (3)(b) shall be £27 except where the sum referred to in paragraph (3)(a) includes an amount calculated under regulation 20 in which case the sum shall be £8.
Service and contents of deduction notices
20
1
Where the amount of income support has not already been repaid by the claimant, the Secretary of State shall serve a deduction notice on the employer of the claimant.
2
A deduction notice shall contain the following particulars —
a
particulars enabling the employer to identify the claimant;
b
the recoverable amount;
c
the claimant’s protected earnings as specified in the notification of award.
3
Subject to paragraph (5), the recoverable amount shall be —
a
the amount specified in the decision as having been awarded to the claimant by way of income support; reduced by
b
the amount (if any) which has been repaid by the claimant before the date of the deduction notice.
4
If a further award relating to the claimant is made the Secretary of State shall cancel the deduction notice (giving written notice of the cancellation to the employer and the claimant) and serve on the employer a further deduction notice.
5
The recoverable amount to be specified in the further deduction notice shall be the sum of —
a
the amount determined by applying paragraph (3) to the further award; and
b
the recoverable amount specified in the cancelled deduction notice less any part of that amount which before the date of the further notice has already been deducted by virtue of the cancelled notice or repaid by the claimant.
b
the recoverable amount specified in the cancelled deduction notice less any part of that amount which before the date of the further notice has already been deducted by virtue of the cancelled notice or repaid by the claimant.
Period for which deduction notice has effect
21
1
A deduction notice shall come into force when it is served on the employer of the claimant to whom it relates and shall cease to have effect as soon as any of the following conditions is fulfilled —
a
the notice is cancelled by virtue of regulation 20(4) or paragraph (2) of this regulation;
b
the claimant ceases to be in the employment of the person on whom the notice was served;
c
the aggregate of —
i
any part of the recoverable amount repaid by the claimant on or after the date of the deduction notice, and
ii
the total amount deducted by virtue of the notice,
reaches the recoverable amount;
d
there has elapsed a period of 26 weeks beginning with the date of the notice.
2
The Secretary of State may at any time give a direction in writing cancelling a deduction notice and —
a
he shall cause a copy of the direction to be served on the employer concerned and on the claimant;
b
the direction shall take effect when a copy of it is served on the employer concerned.
Effect of deduction notice
22
1
While a deduction notice is in force the following provisions of this regulation shall apply as regards any relevant pay-day.
2
Where a claimant’s earnings include any bonus, commission or other similar payment which is paid other than on a day on which the remainder of his earnings is paid, then in order to calculate his available earnings for the purposes of this regulation any such bonus, commission or other similar payment shall be treated as being paid to him on the next day of payment of the remainder of his earnings instead of on the day of actual payment.
3
If on a relevant pay-day a claimant’s available earnings —
a
do not exceed his protected earnings by at least £1, no deduction shall be made;
b
do exceed his protected earnings by at least £1, his employer shall deduct from the claimant’s available earnings one half of the excess over his protected earnings,
so however that where earnings are paid other than weekly the amount of the protected earnings and the figure of £1 shall be adjusted accordingly, in particular —
c
where earnings are paid monthly, they shall for this purpose be treated as paid every five weeks (and the protected earnings and the figure of £1 accordingly multiplied by five);
d
where earnings are paid daily, the protected earnings and the figure of £1 shall be divided by five,
and if, in any case to which sub-paragraph (c) or (d) does not apply, there is doubt as to the adjustment to be made this shall be determined by the Secretary of State on the application of the employer or the claimant.
4
Where on a relevant pay-day earnings are payable to the claimant in respect of more than one pay-day the amount of the protected earnings and the figure of £1 referred to in the preceding paragraph, adjusted where appropriate in accordance with the provisions of that paragraph, shall be multiplied by the number of pay-days to which the earnings relate.
5
Notwithstanding anything in paragraph (3) —
a
the employer shall not make a deduction on a relevant pay-day if the claimant satisfies him that up to that day he has not obtained payment of the income support to which the deduction notice relates;
b
the employer shall not on any relevant pay-day deduct from the claimant’s earnings by virtue of the deduction notice an amount greater than the excess of the recoverable amount over the aggregate of all such amounts as, in relation to that notice, are mentioned in regulation 21(1)(c)(i) and (ii); and
c
where the amount of any deduction which by this regulation the employer is required to make would otherwise include a fraction of 1p, that amount shall be reduced by that fraction.
6
For the purpose of this regulation “relevant pay-day” means any pay-day beginning with —
a
the first pay-day falling after the expiration of the period of one month from the date on which the deduction notice comes into force; or
b
if the employer so chooses, any earlier pay-day after the notice has come into force.
Increase of amount of award on appeal or review
23
If the amount of the award is increased, whether on appeal or on review by an adjudicating authority, this Part shall have effect as if on the date on which the amount of the award was increased —
a
the amount of the increase was the recoverable amount; and
b
the claimant’s protected earnings were the earnings subsequently reviewed under regulation 24.
Review of determination of protected earnings
24
1
A determination of a claimant’s protected earnings, whether made under regulation 19(1)(a) or under this regulation, may be reviewed by an adjudicating authority if he is satisfied that it was based on a mistake as to the law or was made in ignorance of, or was based on a mistake as to, some material fact.
2
Where the claimant’s protected earnings are reviewed under paragraph (1) the Secretary of State shall give the employer written notice varying the deduction notice by substituting for the amount of the protected earnings as there specified (or as previously reviewed under this regulation) the amount of the protected earnings determined on review.
3
Variation of a deduction notice under paragraph (2) shall take effect either from the end of the period of 10 working days beginning with the day on which notice of the variation is given to the employer or, if the employer so chooses, at any earlier time after notice is given.
Power to serve further deduction notice on resumption of employment
25
1
Where a deduction notice has ceased to have effect by reason of the claimant ceasing to be in the employment of the person on whom the notice was served, the Secretary of State may, if he thinks fit, serve a further deduction notice on any person by whom the claimant is for the time being employed.
2
Notwithstanding anything in the foregoing provisions of these Regulations, in any such deduction notice —
a
the recoverable amount shall be equal to the recoverable amount as specified in the previous deduction notice less the aggregate of —
i
the total of any amounts required to be deducted by virtue of that notice, and
ii
any additional part of that recoverable amount repaid by the claimant on or after the date of that notice,
or, where this regulation applies in respect of more than one such previous notice, the aggregate of the amounts as so calculated in respect of each such notice;
b
the amount specified as the claimant’s protected earnings shall be the same as that so specified in the last deduction notice relating to him which was previously in force or as subsequently reviewed under regulation 24.
Right of Secretary of State to recover direct from claimant
26
Where the Secretary of State has received a notification of award and it is at any time not practicable for him, by means of a deduction notice, to effect recovery of the recoverable amount or of so much of that amount as remains to be recovered from the claimant, the amount which remains to be recovered shall, by virtue of this regulation, be recoverable from the claimant by the Secretary of State.
Duties and liabilities of employers
27
1
An employer shall keep a record of the available earnings of each claimant who is an employee in respect of whom a deduction notice is in force and of the payments which he makes in pursuance of the notice.
2
A record of every deduction made by an employer under a deduction notice on any pay-day shall be given or sent by him to the Secretary of State, together with payment of the amount deducted, by not later than the 19th day of the following month.
3
Where by reason only of the circumstances mentioned in regulation 22(5)(a) the employer makes no deduction from a claimant’s weekly earnings on any pay-day he shall within 10 working days after that pay-day give notice of that fact to the Secretary of State.
4
Where a deduction notice is cancelled by virtue of regulation 20(4) or 21(2) or ceases to have effect by virtue of regulation 21(1) the employer shall within 10 working days after the date on which the notice is cancelled or, as the case may be, ceases to have effect —
a
return the notice to the Secretary of State and, where regulation 21(1) applies, give notice of the reason for its return;
b
give notice, in relation to each relevant pay-day (as defined in regulation 22(6)), of the available earnings of the claimant and of any deduction made from those earnings.
5
If on any pay-day to which regulation 22(3)(b) applies the employer makes no deduction from a claimant’s available earnings, or makes a smaller deduction than he was thereby required to make, and in consequence any amount is not deducted while the deduction notice, or any further notice which under regulation 20(4) cancels that notice, has effect —
a
the amount which is not deducted shall, without prejudice to any other method of recovery from the claimant or otherwise, be recoverable from the employer by the Secretary of State; and
b
any amount so recovered shall, for the purposes of these Regulations, be deemed to have been repaid by the claimant.
6
All records and notices to which this regulation applies shall be given or sent to the Secretary of State, on a form approved by him, at such office of the Department of Health and Social Security as he may direct.
Claimants to give notice of cessation or resumption of employment
28
1
Where a claimant ceases to be in the employment of a person on whom a deduction notice relating to him has been duly served knowing that the full amount of the recoverable amount has not been deducted from his earnings or otherwise recovered by the Secretary of State, he shall give notice within 10 working days to the Secretary of State of his address and of the date of such cessation of employment.
2
Where on or after such cessation the claimant resumes employment (whether with the same or some other employer) he shall within 10 working days give notice to the Secretary of State of the name of the employer and of the address of his place of employment.
Failure to notify
29
If a person fails to comply with any requirement under regulation 27 or 28 to give notice of any matter to the Secretary of State he shall be guilty of an offence and liable on summary conviction to a fine not exceeding —
a
for any one offence, level 3 on the standard scale; or
b
for an offence of continuing any such contravention, £40 for each day on which it is so continued.
PART IX
REVOCATION, TRANSITIONAL PROVISIONS AND SAVINGS
Revocation
30
Subject to regulation 31(3), the Social Security (Payments on account, Overpayments and Recovery) Regulations 1987 are hereby revoked except for regulations 19 and The Schedule thereto and 20(2) and (3) which shall continue in force.
Transitional provisions
31
1
These Regulations shall apply to any question relating to the repayment or recoverability of family income supplement and supplementary benefit as though the definition of “benefit” in regulation 1(2) included references to both those benefits and as though any reference in Part VIII to income support was a reference to income support and supplementary benefit.
2
Anything done or begun under the Social Security (Payments on account, Overpayments and Recovery) Regulations 1987 or Part IV of the Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980 shall be deemed to have been done or, as the case may be, continued under the corresponding provisions of these Regulations.
3
Where this regulation applies —
a
regulation 3(b)(ii) shall have effect as though for the words “the same benefit” there were substituted the words “income support” if the interim payment was of supplementary benefit and “family credit” if the interim payment was of family income supplement;
b
regulation 13(b) shall have effect as though for the words “income support” there were substituted the words “supplementary benefit”.
4
In this Part —
“family income supplement” means benefit under the Family Income Supplements Act 1970 ;
“supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976 .
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
30th March 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Charges for Accommodation) Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations —
“ the Act ” means the National Assistance Act 1948;
“Personal Injuries Scheme”,“Service Pensions Instrument” and“1914 — 18 War Injuries Scheme” have the same meanings as in the Social Security (Overlapping Benefits) Regulations 1979 .
Minimum Charges
2
1
Subject to paragraph (2), the liability of a person under section 22(3) of the Act (rate of liability to pay for accommodation under Part III of the Act) to pay for accommodation provided, or proposed to be provided, for him in premises managed by a local authority shall in no case be reduced below the sum of £32.90 per week.
2
Where accommodation is provided for a child accompanied by a person over the age of 16, the liability of that person under section 22(3) and (7) of the Act to pay for the accommodation of that child shall in no case be reduced below whichever of the following sums is appropriate, that is to say —
a
in respect of a child under the age of 11, the sum of £10.75 per week;
b
in respect of a child aged 11 years or over but under the age of 16, the sum of £16.10 per week.
Sum needed for personal requirements
3
The sum which under section 22(4) of the Act a local authority shall assume that a person will need for his personal requirements shall be the sum of £8.25 per week, except that in the case of a person to whom there is payable —
a
attendance allowance under the provisions of section 35 of the Social Security Act 1975 ; or
b
constant attendance allowance under any Personal Injuries Scheme, Service Pensions Instrument or any 1914 — 18 War Injuries Scheme,
that sum shall be increased by the amount of the allowance for each week the allowance is payable.
Revocation
4
The National Assistance (Charges for Accommodation) Regulations 1987 are hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
16th February 1988


text:
1
This Order may be cited as the Firearms (Amendment) Act 1988 (Commencement No. 1) Order 1988.
2
In this Order “ the Act ” means the Firearms (Amendment) Act 1988.
3
Subject to article 4 below, the provisions of the Act specified in the Schedule to this Order shall come into force on 1st February 1989.
4
1
Sections 1(2) and 7(1) of the Act (which relate, respectively, to prohibited weapons and to the conversion of a prohibited weapon) shall not have effect —
a
until 1st May 1989 in relation to the possession, sale or transfer of a firearm by a person who immediately before 1st February 1989 has the firearm lawfully in his possession otherwise than as a registered firearms dealer; and
b
until 1st November 1989 in relation to the possession, purchase, acquisition, sale or transfer of a firearm by a registered firearms dealer.
2
In paragraph (1) above “transfer” does not include letting on hire.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
19th December 1988


text:
Citation and commencement
1
These Regulations may be cited as the Agriculture Improvement (Amendment) (No. 3) Regulations 1988 and shall come into force on 29th November 1988.
Amendment of the Agriculture Improvement Regulations 1985
2
Regulation 7 of the Agriculture Improvement Regulations 1985 (closing dates for submission of improvement plans) shall be amended —
a
by substituting for paragraph (1) thereof the following paragraph —
1
Subject to paragraphs (2) and (3) below, the appropriate Minister shall not approve an improvement plan under these Regulations where the plan is received by him on or after 29th November 1988 or such later date, not later than 28th December 1988, as that Minister may in special circumstances permit.
;
b
by inserting after paragraph (2) thereof the following paragraph —
3
Paragraph (1) above shall not apply where the improvement plan includes only proposed expenditure —
a
in connection with any work, facility or transaction which is of a kind specified in paragraph 9 or 10 in column 1 of Schedule 1 (glasshouse heating systems and heated glasshouses), or
b
in the Isles of Scilly in connection with any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd November 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd November 1988


text:
1
These Regulations may be cited at the Public Service Vehicles (London Local Service Licences) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
In regulations 12(1) of the Public Service Vehicles (London Local Services Licences) Regulations 1986( ), for “£50” there shall be substituted “£100”.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
7th March 1988


text:
1
This Order may be cited as the Iron Casting (Scientific Research Levy) (Abolition) Order 1988 and shall come into force on 15th December 1988.
2
The Iron Casting Industry (Scientific Research Levy) Order 1971 shall have effect as if in article 5 after the words “in each year” there were inserted the words “up to and including the levy period ending on 30th June 1990”.
Francis Maude
Parliamentary Under-Secretary of State,Department of Trade and Industry
14th December 1988


text:
Title and commencement
1
These Regulations may be cited as the Animals and Fresh Meat (Hormonal Substances) Regulations 1988 and shall come into force on 7th June 1988.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“animal” means a domestic animal of the following species: bovine animals, swine, sheep, goats, solipeds and poultry, or a wild animal of any of these species or a wild ruminant which has been raised on a holding;
“authorised substance” has the meaning assigned to it by regulation 3 of these Regulations;
“competent authority” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, Northern Ireland or Wales, the Secretary of State;
“hormonal substance” means any substance within either of the following categories: —
stilbenes and thyrostatic substances;
substances with an oestrogenic, androgenic or gestagenic action;
“official veterinary surgeon” means a veterinary surgeon designated by the competent authority;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly;
“stilbenes” has the same meaning as in the Medicines (Stilbenes and Thyrostatic Substances) Regulations 1982 ;
“therapeutic treatment” has the same meaning as in the Medicines (Hormone Growth Promoters) (Prohibition of Use) Regulations 1988 ;
“thyrostatic substances” has the same meaning as in the Medicines (Stilbenes and Thyrostatic Substances) Regulations 1982;
“veterinary practitioner” means a person registered in the supplementary veterinary register;
“veterinary surgeon” means a person registered in the register of veterinary surgeons;
“withdrawal period”, in relation to an authorised substance administered to an animal, means —
in respect of such a substance used for therapeutic treatment, any waiting period specified under Article 3(a) of Council Directive 88/146/ EEC , or
in respect of such a substance used for any other purpose, any waiting period specified by Community law,
for the product in which that substance when administered to the animal was contained.
Authorised substance
3
In these Regulations “authorised substance” means a hormonal substance which has been administered to an animal —
a
by a veterinary surgeon or veterinary practitioner —
i
for therapeutic treatment in the form of an injection of oestradiol — 17 — beta, progesterone or testosterone or those derivatives of these substances which readily yield the parent compound on hydrolysis after absorption at the site of application, or
ii
for the termination of unwanted gestation or the improvement of fertility; or
b
by, or under the direct responsibility of, a veterinary surgeon or veterinary practitioner for the synchronisation of oestrus or the preparation of donors or recipients for the implantation of embryos.
Sale and slaughter of animals
4
No person shall sell or slaughter for human or animal consumption any animal to which has been administered any hormonal substance other than an authorised substance for which, in the case of sale or slaughter for human consumption, the withdrawal period has elapsed since that administration.
Application of the Animals and Fresh Meat (Examination for Residues) Regulations 1988
5
For the purposes of the Animals and Fresh Meat (Examination for Residues) Regulations 1988 —
a
any substance within the definition of authorised substance in regulation 3 above shall be an authorised substance;
b
any hormonal substance other than a substance within the definition of authorised substance in regulation 3 above shall be a prohibited substance;
c
the maximum natural physiological level for any substance within the definition of authorised substance in regulation 3 above shall be the maximum level prescribed for that substance.
6
The Animals and Fresh Meat (Examination for Residues) Regulations 1988 shall apply in relation to any hormonal substance subject to the following modifications: —
a
in regulation 2(1) of those Regulations —
i
there shall be substituted for the definition of animal the definition specified in regulation 2 of these Regulations;
ii
there shall be added at the end of the definition of official sample the words “or a sample, taken by a competent authority, for the purposes of analysis in pursuance of Article 5 of Council Directive 85/358/EEC ”;
iii
there shall be added at the end of the definition of primary analysis the words “in accordance with methods authorised by Commission Decision 87/410/EEC ”;
iv
there shall be inserted in the definition of reference analysis after the words “approved laboratory” the words “in accordance with the methods determined under Article 5.2 of Council Directive 85/358/EEC ”;
b
in regulations 4(1) and 12(b) of those Regulations there shall be inserted after the words “fresh meat” the words “or from the remains of any solid implants”;
c
in regulation 7(1) of those Regulations there shall be inserted after the words “prescribed for that substance” the words “or that an authorised substance has been used abusively”;
d
in regulation 8(5) of those Regulations there shall be inserted after the words “a notice given in accordance with paragraph (4) above shall be so withdrawn” the words “(except where the examination shows that the conditions of use of the authorised substance have not been respected)”.
Offences and penalties
7
If any person without reasonable excuse contravenes regulation 4 of these Regulations he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding £2000.
Offences by officers of bodies corporate
8
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th May 1988.
L.S.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
4th May 1988


text:
1
These Regulations may be cited as the Rent Book (Forms of Notice) (Amendment) Regulations 1988 and shall come into force on 15th January 1989.
2
The Rent Book (Forms of Notice) Regulations 1982 are amended as follows —
1
at the end of regulation 2 insert —
and
“the 1988 Act ” means the Housing Act 1988
;
2
after regulation 3(1)(c) insert —
d
if the premises are a dwelling house let on an assured tenancy or an assured agricultural occupancy within the meaning of the 1988 Act, the form set out in Part IV of the Schedule to these regulations
;
3
in regulation 3(2) for “(a), (b) and (c)” substitute “(a) to (d)”;
4
substitute for the words in paragraph 11 of the forms in Parts I and III of the Schedule and in paragraph 13 of the form in Part II of the Schedule “You may be entitled to get help to pay your rent and rates through the housing benefit scheme. Apply to your local council for details.”;
5
for paragraphs 11 and 12 of the form in Part II of the Schedule substitute “11.If you have a protected shorthold tenancy or your tenancy was formerly a controlled one, special rules apply.”; and
6
insert as Part IV of the Schedule the form in the Schedule to these Regulations.
Signed by authority of the Secretary of State
John Selwyn Gummer
Minister of State,
Department of the Environment
13th December 1988
Peter Walker
Secretary of State for Wales
14th December 1988


text:
Title and commencement
1
This Order may be cited as the Fife and Tayside Regions and North East Fife and Perth and Kinross Districts (Duncrievie) Boundaries Amendment Order 1988, and shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The Fife and Tayside Regions and North East Fife and Perth and Kinross Districts (Duncrievie) Boundaries Amendment Order 1988 Map” and deposited in accordance with regulation 3 of the 1977 Regulations; and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of North East Fife District in Fife Region containing a small section of the M90 motorway to the south east of the village of Duncrievie, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Perth and Kinross District in Tayside Region.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 22 (Auchtermuchty/Newburgh) of Fife Region( ) and ward 5 (Auchtermuchty and Strathmiglo) of North East Fife District( ); and
b
shall form part of electoral division 46 (Kinross) of Tayside Region( ) and ward 28 (West Kinross) of Perth and Kinross District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
11th February 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Employment Training: Payments) Order 1988 and shall come into force on 4th September 1988.
2
In this Order, “Class 1 contributions”, “primary Class 1 contributions”, “secondary Class 1 contributions” and “Class 2 contributions” shall have the same meanings as in the Social Security Act 1975 .
Treatment of payments for purposes of the Social Security Act 1975
2
No primary or secondary Class 1 contributions shall be payable, and no person shall be liable to pay Class 1 or Class 2 contributions, in respect of payments to any person in receipt of a training premium under provision made under section 2 of the Employment and Training Act 1973 , being payments under provision made under that section in connection with his use of facilities provided in pursuance of arrangements, known by the name of Employment Training, under that section; and Part I (Contributions) of the Social Security Act 1975 shall be modified accordingly.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
8th August 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thames Water Authority (East Woodhay Boreholes) Order 1988 and shall come into force on the 16th March 1988.
2
This Order shall be included among the enactments which may be cited together as the Thames Water Authority Orders 1974 to 1988.
3
In this Order —
“the Authority” means the Thames 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 Thames Water Authority (East Woodhay Boreholes) Order 1988”, one duplicate of which is deposited and available for inspection at the offices of the Secretary of State for the Environment and the other at the principal office of the Authority at Nugent House, Vastern Road, Reading, Berkshire RG1 8DB;
“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, when they have acquired the necessary land or sufficient rights therein —
a
continue and maintain the two existing boreholes on or under the land described in Schedule 1 to this Order, the approximate positions of which are shown on the deposited plan marked “borehole No. 1” and “borehole No. 3”;
b
construct and thereafter continue and maintain on or under that land control buildings and (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) may construct and maintain on or under that land 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 those 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 apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Environment
15th March 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
In this Order —
i
“the deposited plan” means the plan numbered HA 10/2-WO66 marked “The Swansea-Manchester Trunk Road (A483) and the Shrewsbury-Dolgellau Trunk Road (A458) (Welshpool North-South Relief Road) Order 1988,” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
4
This Order shall come into force on 19th February 1988 and may be cited as the Swansea-Manchester Trunk Road (A483) and the Shrewsbury-Dolgellau Trunk Road (A458) (Welshpool North-South Relief Road) Order 1988.
Signed by Authority of the Secretary of State for Wales
G. Mercer
Director of Highways Welsh Office
22nd January 1988


text:
1
1
This Order may be cited as the Cable Programme Services (Exceptions) Order 1988 and shall come into force on 1st September 1988.
2
The Cable Programme Services (Exceptions) Order 1984 is hereby revoked.
2
There is hereby excepted from the requirement of a licence under section 4 of the Cable and Broadcasting Act 1984 imposed by section 3 of the Act the types of licensable cable programme service described in the Schedule to this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
1st August 1988


text:
1
1
This Order may be cited as the Commissioners for Oaths (Fees) (No. 2) Order 1988 and shall come into force on 1st July 1988.
2
In this Order“commissioners for oaths” includes a solicitor exercising the powers of a commissioner for oaths under section 81 of the Solicitors Act 1974.
2
The following fees (inclusive of value added tax where payable) shall be charged by commissioners for oaths: —
£
For taking an affidavit, declaration or affirmation, for each person making the same 3.50 And in addition, for each exhibit therein referred to and required to be marked or for each schedule required to be marked 1.00
3
The Commissioners for Oaths (Fees) Order 1988 is hereby revoked, save as to any fee due or payable before the coming into force of this Order.
Mackay of Clashfern, C.
Dated 26th May 1988
We concur,
Lane, C.J.
Donaldson of Lymington, M.R.
Dated 26th May 1988


text:
1
This Order may be cited as the County of Gwynedd (Electoral Arrangements) Order 1988.
2
This Order shall come into force on the ordinary day of election of councillors in 1989 (within the meaning of section 37 of the Representation of the People Act 1983 ) except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force on 10th October 1988.
3
1
The existing electoral divisions of the County of Gwynedd shall be abolished and that county shall be divided into sixty-two electoral divisions which shall bear the names set out in column 1 of the Schedule to this Order, and each electoral division shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each electoral division constituted by this Order shall be one.
4
The ordinary elections of all councillors for the County of Gwynedd shall be held simultaneously on the ordinary day of election of county councillors in 1989 and every fourth year thereafter.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
5th May 1988


text:
1
This Order may be cited as the Fuel and Electricity (Control) Act 1973 (Continuation) (Jersey) Order 1988 and shall come into force on 30th November 1988.
2
Sections 1 to 8 of the Fuel and Electricity (Control) Act 1973, as it has effect in the Bailiwick of Jersey, shall continue in force for a period of one year beyond 30th November 1988, being the date on which they would otherwise expire.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Regulations 1988 and shall come into force on 1st April 1988.
2
In these Regulations, unless the context otherwise requires —
a
“ the Act ” means the National Health Service Act 1977;
“bridge” means a fixed or a removable bridge which takes the place of any teeth;
“patient” includes a person who pays or undertakes to pay a charge on behalf of a person to whom a dental appliance is supplied or to whom a service is provided;
“supply”, in relation to an appliance, includes its replacement;
b
a reference to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number and a reference in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Charges for supply of dental appliances
2
1
Charges may be made and recovered in accordance with these Regulations in respect of the chargeable supply of a dental appliance described in column (1) of Part I of Schedule 1.
2
Subject to paragraph (3), to regulation 4 and to Part II of Schedule 1, the amount of the charge which may be made and recovered pursuant to paragraph (1) in respect of a dental appliance described in column (1) of Part I of Schedule 1 is the amount set out in relation to it in column (2) of that Part.
3
Where a dental practitioner —
a
has begun for a patient, as part of general dental services, a course of treatment which includes the supply of an appliance described in Schedule 1; and
b
has referred that patient, for the supply of that appliance otherwise than as part of general dental services, to a health authority or to a hospital with which a health authority has made arrangements for the provision of services under the Act,
the amount of the charge for the supply of that appliance by or on behalf of the health authority shall be determined in accordance with Schedule 2.
4
In this regulation “chargeable supply” means supply under the Act other than —
a
a supply in respect of which no charge may be made by virtue of paragraph 2(3), (4) or (8) of Schedule 12 to the Act;
b
a supply, otherwise than as part of general dental services, to a person who has undergone operative procedures affecting the mandible, the maxilla or the soft tissues of the mouth as part of treatment for invasive tumours;
c
a supply, otherwise than as part of general dental services, of any obturator which is a denture.
Charges for dental treatment as part of general dental services
3
1
Subject to regulation 4, the amount of the charge authorised by and payable under section 79(1) of the Act in respect of chargeable services under a contract or arrangement is 75% of the current authorised fees for those services, rounded down, where necessary, to the nearest whole penny.
2
In this regulation “current authorised fee” has the meaning assigned to it by paragraph 3(1) of Schedule 12 to the Act and for the purposes of this regulation the amount of the current authorised fee for any service, where it is such amount as the Dental Estimates Board may in its discretion approve, whether or not subject to a maximum, is —
a
if the Board has approved a fee for the service, the amount of the fee so approved, notwithstanding any subsequent variation of that amount on appeal ;
b
if the Board has refused to approve a fee for the service, the amount of any fee authorised for it on appeal.
3
In this regulation “chargeable services” means services provided in pursuance of any contract or arrangement for the provision of general dental services, other than —
a
services for which no charge may be made by virtue of section 79(1)(a) to (d) of the Act or paragraph 3(4) of Schedule 12 to the Act;
b
the opening by a dental practitioner of his surgery outside his normal opening hours in order to provide emergency treatment;
c
the attendance at the surgery of a dental practitioner providing emergency treatment of a medical practitioner or of another dental practitioner, specifically with a view to the administration of a general anaesthetic in connection with emergency treatment.
Maximum charge for general dental services
4
The amount of the charges payable pursuant to these Regulations in respect of all dental appliances supplied and other services provided in pursuance of any one contract or arrangement for the provision of general dental services shall not exceed £150 in the aggregate.
Making and recovery of charges
5
1
Where any charge is payable under section 78 of the Act in respect of the supply of a dental appliance the dental practitioner who, as part of general dental services, or the health authority which, under the Act, supplies or is to supply the appliance may —
a
on arranging to supply it, make the appropriate charge; and
b
on supplying it or having it available for supply, recover the appropriate charge from the patient (if it has not previously been paid).
2
Where any charge is payable under section 79 of the Act in respect of a service the dental practitioner who provides or is to provide the service may —
a
on arranging to provide it, make the appropriate charge; and
b
on providing it, recover the appropriate charge from the patient (if it has not previously been paid).
More expensive supplies, remission and repayment
6
The charges which may be made and recovered by virtue of these Regulations are —
a
in addition to any charge payable under section 81 of the Act (charges for more expensive supplies) ;
b
subject to the provisions of regulations made under the Act providing for remission or repayment.
Revocation, savings and transitional
7
1
The regulations specified in column (1) of Schedule 3 are revoked to the extent specified in column (3) of that Schedule.
2
These Regulations apply to the supply of a dental appliance otherwise than as part of general dental services only where the examination, or first examination, leading to the supply takes place on or after 1st April 1988; and where the examination or first examination leading to the supply takes place before 1st April 1988 the charge which may be made and recovered in respect of the supply shall be that authorised by section 78(1) of the Act at the time of that examination or first examination.
3
These Regulations apply to the provision of general dental services only where the contract or arrangement leading to the supply, as part of those services, of a dental appliance or to some other provision of general dental services is made on or after 1st April 1988; and where the contract or arrangement is made before that date, the charge which may be made and recovered in respect of the supply or the other provision of general dental services shall be that authorised by section 78(1) or section 79(1) of the Act at the time when that contract or arrangement was made.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
11th March 1988


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of Northumberland and the City Council of Newcastle upon Tyne that the new trunk roads are open for through traffic.
2
In this Order —
“principal road” as a classification for a new highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; “the deposited plan” means the plan folio numbered HA10/2 — /N211 marked “The (A696) Newcastle — Edinburgh Trunk Road (Prestwick Terrace to Kenton Bank Foot De-Trunking) Order 1988”, containing one map numbered 1, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; “the new trunk roads” means the main new trunk road and the slip roads to be constructed by the Secretary of State in pursuance of the (A696) Newcastle — Edinburgh Trunk Road (Woolsington Bypass and Slip Roads) Order 1988 ; and “the Trunk Road” means the (A696) Newcastle-Edinbugh Trunk Road.
3
This Order shall come into force on 16th June 1988 and may be cited as the (A696) Newcastle — Edinburgh Trunk Road (Prestwick Terrace to Kenton Bank Foot De-Trunking) Order 1988.
Signed by authority of the Secretary of State
J. A. Owen
Regional Director Northern Region
Department of Transport
13th May 1988


text:
1
This Order may be cited as the Children and Young Persons (Amendment) Act 1986 (Commencement No. 1) Order 1988.
2
Sections 2 and 3 of the Children and Young Persons (Amendment) Act 1986 shall come into force on 1st August 1988.
Mackay of Clashfern, C.
18th July 1988


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Entry to Training Requirements) Amendment Rules Approval Order 1988 and shall come into force on 9th November 1988.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
19th October 1988


text:
Citation and commencement
1
This Order may be cited as the National Health Service (Payment of Remuneration — Special Arrangement) Order 1988 and shall come into force on 6th June 1988.
Functions conferred on District and Special Health Authorities
2
Each District Health Authority and special health authority shall have the function of paying remuneration to any person in respect of pharmaceutical services provided by him which consist of the supply of drugs, medicines or listed appliances ordered by a medical practitioner in pursuance of that authority’s functions.
Signed by authority of the Secretary of State for Social Services
Tony Newton
Minister of State,
Department of Health and Social Security
10th May 1988