text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Authorised Unit Trust Scheme (Investment and Borrowing Powers) Regulations 1988 and shall come into force on 14th March 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Financial Services Act 1986;
“approved market” means the Official List of any member State and includes the principal or only market established under the rules of an investment exchange specified in Part I of Schedule 1 to these Regulations and also any market specified in Part II of that Schedule;
“approved options and futures market” means a market specified in Schedule 2 to these Regulations;
“approved securities” means —
transferable securities which are traded on or under the rules of an approved market otherwise than by virtue of the specific permission of the market authority; and
recently issued transferable securities,
but does not include any investment falling within paragraph 1 or 2 of Schedule 1 to the Act which can be transferred only with the consent of the body corporate which issued the investment or with the consent of any members or debenture holders of that body corporate;
“authorised institution” means an authorised institution within the meaning of the Banking Act 1987 and also includes any person who is authorised under the law of another member State to carry on a business which is a deposit-taking business for the purposes of that Act;
“authorised securities scheme” means a scheme the sole object of which is to enable participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of transferable securities and which is not a feeder fund or a fund of funds;
“base currency”, except in the case of a scheme which is treated as an authorised unit trust scheme by virtue of paragraph 9 of Schedule 15 to the Act and, subject to paragraph (2), means the currency specified in the trust deed as the base currency of the scheme and, in the case of a scheme which is treated as an authorised unit trust scheme by virtue of that paragraph for which there is no base currency, means the currency in which accounts relating to the scheme are prepared;
“business day”, in relation to anything done or to be done in any part of the United Kingdom, means any day other than a Saturday, a Sunday or a bank holiday in that part of the United Kingdom and, in relation to anything done or to be done by reference to a market outside the United Kingdom, means any day on which that market is normally open for business;
“cash” includes foreign currency;
“close out”, in relation to a transaction entered into for the scheme, means the entry, by the trustee, into a further transaction under which the obligation to deliver or receive which arises or may, at the option of the other party to the transaction, arise under the original transaction is offset by an equivalent and opposite obligation or right to receive or deliver;
“contract for differences” means a contract rights under which constitute an investment falling within paragraph 9 of Schedule 1 to the Act;
“feeder fund” means a scheme the sole object of which is to enable participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of units in a single scheme or recognised scheme;
“fund of funds” means a scheme the sole object of which is to enable participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of units in schemes or recognised schemes;
“future” means a contract rights under which constitute an investment falling within paragraph 8 of Schedule 1 to the Act;
“Government and other public securities” means investments falling within paragraph 3 of Schedule 1 to the Act which are —
issued by or on behalf of the Government of the United Kingdom, of Northern Ireland or of a member State other than the United Kingdom or by or on behalf of a local authority in the United Kingdom or any other member State; or
issued by or on behalf of the Government of any country or territory specified in Schedule 3 to these Regulations; or
issued by or on behalf of an international organisation the members of which include the United Kingdom or another member State,
and includes investments which would fall within paragraph 3 of Schedule 1 to the Act if that paragraph extended to investments guaranteed by a local authority in any member State or by the Government of the United Kingdom, the Government of any other member State or of Northern Ireland or by the Government of any country or territory specified in Schedule 3 to these Regulations;
“Government and other public securities fund” means an authorised securities scheme the sole object of which is to enable participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of either Government and other public securities or Government and other public securities and units in other collective investment schemes which are, or, if authorised, would be, Government and other public securities funds;
“hedging transaction” means a transaction of the kind described in regulation 8(2);
“initial margin” means cash or other property deposited in accordance with the rules of an approved options and futures market on entering into a margined contract;
“manager”, in relation to a scheme, means the manager of the scheme;
“margin” means cash or other property paid, transferred or deposited under the terms of a margined contract;
“margined contract” means a contract rights under which constitute an investment falling within paragraph 7, 8 or 9 of Schedule 1 to the Act being a contract the terms of which are such that property of the scheme will or may be required to be paid, transferred or deposited as security for the performance of an obligation to deliver or receive property which will or may arise under the contract whether at the option of the trustee or of the other party to the contract or otherwise and includes an option purchased for the scheme under which the total amount of premium which may be payable for the option is not payable on purchase but may be demanded before expiry of the option;
“market dealing bid price”, in relation to property of any description and a particular time, means the amount which would be received in consideration for the sale of the property on the assumption that —
it was sold on the best terms available at that time on an approved market on which it is traded for transactions in property of that description in what, in the reasonable opinion of the manager, is a standard size; and
there had been deducted from the consideration an amount equal to an estimated amount of such fiscal charges, commission and other sales charges as would be payable by the seller in connection with such a sale, calculated on the basis that the commission and charges payable were the least that could reasonably be expected to be paid in connection with a transaction of the kind in question;
“money market fund” means a scheme the sole object of which is to enable participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of any one or more of the following, or of any one or more of the following and transferable securities —
deposits;
loans; and
instruments creating or evidencing indebtedness which are not transferable securities;
“near cash” means money in a current account with an authorised institution or money in a deposit account with, or on short term loan to, such an institution which can be withdrawn immediately and without payment of a penalty exceeding more than seven days' interest calculated at ordinary commercial rates and also includes investments of a kind described in paragraphs 1 and 2 of Part II of the First Schedule to the Trustee Investments Act 1961 and equivalent investments issued or guaranteed by the Government of another member State or of a country or territory specified in Schedule 3 to these Regulations;
“option” means a right exercisable within a specified period of time, at the option of the holder of the right, to dispose of or acquire any property at a specified price;
“premium”, in relation to an option, means the total amount which the purchaser of the option is, or may be, required to pay in consideration for the right to exercise the option;
“purchase”, in relation to an option, means acquiring the right to exercise the option;
“recently issued transferable securities” means transferable securities —
which were issued on terms that an application would be made to an exchange or market which, if accepted, would result in the securities becoming approved securities by virtue of paragraph (a) of the definition of “approved securities”;
with respect to which no application of the kind described in paragraph (a) of this definition has been refused; and
with respect to which not more than twelve months has passed since the date of their issue;
“relevant pension scheme” means a scheme which is either —
an appropriate scheme for the purposes of section 1(8) of the Social Security Act 1986 ; or
an exempt approved scheme within the meaning of section 592(1) of the Income and Corporation Taxes Act 1988 to which the employer is not a contributor and which provides benefits additional to those provided by another exempt approved scheme to which he is a contributor; or
a personal pension scheme approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;
“relevant time”, in relation to the valuation of any property for any purpose for which these Regulations require the property to be valued, means the time as at which the property falls to be valued for that purpose;
“scheme” means an authorised unit trust scheme;
“traded option” means an option which, under the terms of a permission relating to options on property of the same kind which has been in force for a period of at least six months, is traded or dealt in on an approved options and futures market;
“transferable security” means any investment falling within any of paragraphs 1 to 6 of Schedule 1 to the Act other than an investment title to which either cannot be transferred, or can be transferred only with the consent of a third party other than, in the case of an investment falling within paragraph 1 or 2 of that Schedule either the body corporate which issued the investment or any members or debenture holders of that body corporate;
“trustee”, in relation to a scheme, means the trustee of the scheme;
“umbrella fund” means a scheme which provides for such pooling as is mentioned in section 75(3)(a) of the Act in relation to separate parts of the property and participants in which are entitled to exchange rights in one part for rights in another; and
“write”, in relation to a option, means the granting of the option.
2
In its application to an umbrella fund, the definition of the expression “base currency” shall apply as if the references in that definition to a scheme were references to each separate part of the property in relation to which the scheme provides for pooling.
3
References in these Regulations to a numbered regulation shall be construed as references to the regulation bearing that number in these Regulations.
4
References in any of these Regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the regulation in which it appears.
PART II
VALUATION
Property included and assumptions to be made in valuing fund
3
1
This regulation and regulation 4 apply with respect to the determination of the value of the property of a scheme for any purpose of these Regulations.
2
For the purpose of determining the value of the property of a scheme —
a
it shall be assumed that any units which the trustee is under an obligation to create or cancel have been created or cancelled, as the case may be, that the trustee has paid or, as the case may be, has received the consideration for those units and that all other things required to be done in consequence thereof were done;
b
where the trustee has not done something in consequence of a creation or cancellation of units which he is required to do, it shall be assumed that that thing was done;
c
subject to paragraph (3), where agreements are in existence for the unconditional sale or purchase of property on behalf of the scheme which have not been completed it shall be assumed that they were completed at that time and that everything required to be done in accordance with their terms was done;
d
there shall be deducted from the property of the scheme —
i
a reasonable estimate by the manager of the total amount of liabilities, including potential liabilities, in respect of tax on unrealised capital gains which have accrued to date and are payable out of the property of the scheme including the principal amount of any outstanding borrowings whenever repayable;
ii
a reasonable estimate by the manager of the total amount of liabilities for tax on realised capital gains in respect of the most recently completed accounting period;
iii
such sum in respect of tax on capital gains realised in the current accounting period as in the reasonable estimate of the manager will become payable;
iv
a reasonable estimate by the manager of the total amount of any liabilities for taxation levied on income accrued before the relevant time;
v
the amount of the manager’s periodic charge, if any, and value added tax chargeable in respect of services supplied by the manager in consideration of that periodic charge accrued but remaining unpaid;
vi
a reasonable estimate by the manager of the total amount of any other liabilities payable out of the property of the scheme with any tax thereon and any accrued interest on borrowings; and
vii
the value, calculated in accordance with regulation 4(3), of all options written for the scheme;
e
there shall be added to the property of the scheme —
i
a reasonable estimate by the manager of the total amount of any claims for repayment of any taxation levied on capital (including capital gains) or on income accrued before the relevant time; and
ii
a sum representing any interest or dividends accrued but not received or receivable; and
f
in determining the value in the base currency of any property which would otherwise be valued in a currency other than the base currency, the value shall, unless the manager and the trustee agree that it is in the interests of participants and potential participants that a different rate should be used, in which case the value shall be converted at the rate agreed between them, be converted at a rate of exchange which represents the average of the highest and the lowest rates of exchange quoted, at the relevant time, for conversion of that currency into the base currency on the market on which the manager would normally deal if he wished to make such a conversion.
3
For the purposes of paragraph (2)(c), an agreement shall not be regarded as one for the unconditional sale or purchase of property if either —
a
it is a future or a contract for differences which is not yet due to be performed or which is due to be performed but which has been closed out; or
b
it is an option written for the scheme which has not expired but which has not yet been exercised by the purchaser or which has been exercised but which has been closed out; or
c
it is an option purchased for the scheme which has not expired but which has not yet been exercised.
Valuation of property
4
1
The value of the property of a scheme shall be calculated in accordance with the provisions of this regulation.
2
Cash and amounts held on a current or deposit account shall be taken at their nominal value.
3
The value of an option which is written for the scheme on property of any description shall be the total of the amount of premium which would be paid if an option of that kind on property of that description were purchased at the relevant time on the best terms then available on an approved options and futures market on which such options are traded and an estimated amount of such fiscal charges, commission and other charges as would be payable by the purchaser of such an option, calculated on the basis that the commission and charges payable were the least that could reasonably be expected to be paid in connection with the transaction.
4
The value of a margined contract, which is not a written option, shall be whichever is applicable of the following —
i
in a case in which margin would be received for the account of the scheme if the contract were to be closed out at the relevant time, the amount of margin which would be receivable if the contract were closed out at that time on the best terms then available on an approved options and futures market on which contracts of that kind are traded less an estimated amount of such fiscal charges, commission and other charges as would be payable if the contract being valued were then closed out, calculated on the basis that the commission and charges payable were the least that could reasonably be expected to be paid in order to close out the contract; and
ii
in a case in which margin would be payable out of the property of the scheme if the contract were to be closed out at the relevant time, a negative amount equal to the total of the amount of margin which would be payable if the contract were closed out at that time on the best terms then available on an approved options and futures market on which contracts of that kind are traded and an estimated amount of such fiscal charges, commission and other charges as would be payable if the contract being valued were then closed out, calculated on the basis that the commission and charges payable were the least that could reasonably be expected to be paid in order to close out the contract.
5
All other property shall be valued —
a
in the case of property which is an investment of any description other than a unit in a collective investment scheme, at the market dealing bid price of that investment at the relevant time;
b
in the case of property which is units in a collective investment scheme, at the amount which would be received if units of the kind in question were offered for redemption at the relevant time in what, in the reasonable opinion of the manager, is a standard size; and
c
if there is no price of the property in question under sub-paragraph (a) or (b) above, at a reasonable estimate of the amount which would be received by a seller by way of consideration for an immediate transfer or assignment from him at arm’s length less any fiscal charges, commission and other sales charges which would be payable by him.
PART III
BREACH OF INVESTMENT LIMITS
Duties of manager and trustee to avoid breach of investment limits
5
1
The manager shall take all reasonable steps and exercise all due diligence to avoid the property of the scheme being used or invested in contravention of whichever is applicable of regulations 8 to 16, 21, 22 or 24 to 30.
2
Subject to the provisions of paragraph (4), the manager shall take all reasonable steps and exercise all due diligence to avoid the property of the scheme being invested in contravention of whichever is applicable of regulation 17, 18, 20 or 23.
3
Subject to the provisions of paragraph (4), the trustee shall take all reasonable steps and exercise all due diligence to exercise such degree of supervision over the manager’s operation of the scheme as is appropriate with a view to ensuring that the manager fulfils the duties imposed on him by paragraphs (1) and (2).
4
The manager shall not be subject to the duty imposed by paragraph (2) and the trustee shall not be subject to the duty imposed by paragraph (3) insofar as it relates to the manager’s duty under paragraph (2) during whichever is the shorter of the period of six months beginning with the first date after the scheme is authorised on which persons are invited to become participants in the scheme and the period beginning with that date and ending on the first date on which the value of the property of the scheme exceeds £1 million, but the trustee and the manager shall each take all reasonable steps and exercise all due diligence during whichever is shorter of those periods to ensure that the property of the scheme is invested with the aim of spreading risk and in a manner which is consistent with the manner in which the property must be invested at the end of the relevant period.
5
In the application of paragraph (4) to a scheme which is treated as an authorised unit trust scheme by virtue of paragraph 9 of Schedule 15 to the Act, references to the date on which persons are invited to become participants in the scheme shall be construed as references to the date upon which it became authorised under section 17 of the Prevention of Fraud (Investments) Act 1958 or, as the case may be, under section 16 of the Prevention of Fraud (Investments) Act (Northern Ireland) 1940 .
Duties of manager and trustee in the event of inadvertent breach of investment limits
6
1
If the property of a scheme is, for reasons beyond the control of the manager or trustee, at any time invested in contravention of these Regulations, or, if the property of an authorised securities scheme is, by virtue of circumstances of the kind described in regulation 16(2) or 19, invested otherwise than in accordance with regulation 16(1) or, as the case may be, regulation 17 or 18, the manager shall take such steps as are necessary to ensure that sufficient of the property of the scheme is sold so that the property is invested in a manner which complies with these Regulations, or, as the case may be, with that regulation, as soon as is reasonably practicable having regard to the interests of participants in the scheme and, in any event, within the period of six months beginning with the date upon which the manager becomes aware that the property was invested in contravention of these Regulations or, as the case may be, otherwise than in accordance with regulation 16(1), 17 or 18.
2
Forthwith upon the trustee becoming aware that circumstances of a kind described in paragraph (1) have arisen, he shall take such steps as are necessary to ensure that the manager fulfils the duty imposed on him by that paragraph.
Duties of manager and trustee in the event of other breaches of investment limits
7
1
If, at any time, the property of a scheme is invested in contravention of these Regulations otherwise than in a case to which regulation 5(4) applies or by virtue of circumstances of the kind described in regulation 6, the manager shall, forthwith upon becoming aware of the contravention, take such steps as are necessary to ensure that the property of the scheme is invested in a manner which complies with these Regulations.
2
Forthwith upon the trustee becoming aware that circumstances of the kind described in paragraph (1) have arisen, he shall take such steps as are necessary to ensure that the manager fulfils the duty imposed on him by that paragraph.
PART IV
INVESTMENT AND BORROWING POWERS
Hedging
8
1
Subject to the provisions of paragraphs (2) to (10) and notwithstanding any other provision of these Regulations, the property of a scheme may be used in hedging transactions.
2
No transaction shall be regarded as a hedging transaction for the purposes of this regulation unless —
a
the transaction is one which may reasonably be regarded as economically appropriate to the reduction or elimination of risk arising in the management of the scheme by virtue of fluctuations in the price of investments comprised in the property of the scheme or by reason of fluctuations in interest or exchange rates;
b
any instrument used in the transaction is one which, by virtue of the relationship between fluctuations in its price and fluctuations in the price of the property or any part of the property of the scheme or fluctuations in interest or exchange rates, may reasonably be regarded as an instrument which may appropriately be used in order to reduce or eliminate risk arising with respect to the property or the relevant part of it from such fluctuations; and
c
the purpose of the transaction is the reduction or elimination of risk and not speculation, and, for these purposes, a transaction shall not be regarded as one for the reduction or elimination of risk if, having regard to other hedging transactions which have been entered into in relation to the property or any part of it, it is unreasonable to consider that risk continues to arise of a kind for which the instrument may appropriately be used.
3
No hedging transaction shall be entered into at any time at which the total value, calculated in accordance with these Regulations, of all cash and other property paid, transferred or deposited by way of premium or initial margin which may reasonably be regarded as attributable to any obligation or right then arising under a hedging transaction which is not closed out would, if added to the amount of any premium or initial margin payable in respect of the proposed transaction, exceed 10% in value of the property of the scheme.
4
Except in the case of an instrument which is utilised to hedge against fluctuations in exchange rates, no instrument shall be utilised by virtue of this regulation unless it is either a traded option or an instrument other than a traded option being an instrument which is traded on or under the rules of an approved options and futures market and which is an instrument relating to property with respect to which, or to an index or other factor by reference to which, instruments of that kind have been so traded for a period of at least six months.
5
Subject to paragraph (6), no hedging transaction under which an obligation to receive or deliver property does arise or may arise at the option of some person other than the trustee, acting in his capacity as such, shall be entered into unless the transaction is covered and, for the purposes of this paragraph, a transaction shall be regarded as covered only if —
a
in the case of a transaction under which an obligation to deliver property does or may arise, the property of the scheme includes either —
i
property sufficient to enable that obligation together with any other similar obligation incurred in relation to the scheme with respect to property of the same kind to be discharged; or
ii
rights to acquire property sufficient to enable that obligation and any other similar obligation incurred in relation to the scheme with respect to property of the same kind to be discharged; and
b
in the case of a transaction under which an obligation to receive property does or may arise, the property of the scheme includes either —
i
cash or near cash, which is not otherwise taken into account for the purposes of paragraph (7) or for the purposes of regulation 15 or 32(1)(c), sufficient to enable that obligation and all similar obligations incurred in relation to the scheme to be discharged; or
ii
rights to dispose of the property should the obligation to acquire it arise.
6
For the purposes of paragraph (5), the property of a scheme shall be regarded as including property sufficient to enable the discharge of an obligation arising under a hedging transaction which is a contract for differences if the property includes property or rights to acquire property, which, by virtue of the correlation between that property and the property, index or other factor by reference to which any amount payable under the hedging transaction is to be calculated, may reasonably be considered to be sufficient to enable the obligation to be discharged.
7
No option shall be purchased unless the property of the scheme includes cash or near cash which is not taken into account for the purpose of paragraph (5)(b)(i) or for the purposes of regulation 15 or 32(1)(c) and which is sufficient to enable the payment of that premium and all other premia then payable including, in the case of an option which is a margined contract purchased for the scheme, the amount of any premium which will become payable unless the option is sold.
8
No hedging transaction under which an obligation to receive property does or may arise shall be entered into unless the obligation could be discharged at the time the transaction is effected without contravening any provision of these Regulations.
9
No instrument relating to currency shall be utilised in order to hedge against fluctuations in exchange rates unless the instrument relates to the base currency or to a currency in which the property or any part of it is then denominated.
10
None of the provisions of paragraphs (2) to (9) shall prevent an instrument being utilised in order to close out a hedging transaction.
11
If, at any time after a hedging transaction has been entered into, circumstances arise which have the effect that, having disregarded all obligations and rights arising under hedging transactions which have been closed out, the transaction could not then be entered into except in contravention of any provision of this regulation, the manager shall forthwith upon becoming aware of that fact take such steps as are necessary to ensure that the provisions of this regulation are complied with either by closing out the transaction or by providing cover for it or otherwise and the trustee shall, forthwith upon becoming aware of the contravention, take such steps as are necessary to ensure that the manager fulfils that duty.
12
In the application of this regulation to a money market fund, paragraph (2)(a) shall have effect as if the reference in that paragraph to investments included reference to such cash, deposits, loans or bills of exchange as are comprised in the property of the fund.
Restriction of investment powers exercisable in relation to authorised unit trust schemes
9
1
Subject to the provisions of these Regulations, the property of a scheme which is not a money market fund shall consist of transferable securities.
2
Units in a collective investment scheme which has the characteristics described in section 78(6) of the Act or which is treated as having those characteristics by virtue of that provision may not be acquired for a scheme which is neither a Government and other public securities fund nor a money market fund, unless the manager is under a duty to pay into the property of the scheme —
a
before the close of business on the fourth business day next after the agreement to buy the units, the maximum amount of any preliminary charge which may be made by the issuer of the units or, if the manager knows the price at which units in the relevant scheme would have been created at the relevant time, the difference between that price and the price he paid for the units if that price is greater than the creation price; and
b
before the close of business on the fourth business day next after the agreement to sell the units, the amount of any charge which is made by the issuer on redemption of units.
3
The property of a scheme, other than cash or near cash or property held for the purpose of hedging transactions, shall not consist only of units in a single scheme or recognised scheme unless the first scheme is a relevant pension scheme.
4
Paragraph (2) shall apply in the case of the manager of a scheme which is either a Government and other public securities fund or a money market fund as if the periods specified in paragraph (2)(a) and (b) were periods ending with the close of business on the business day next after the agreement to buy or, as the case may be, to sell the units in question.
Restriction of authorised securities schemes to investment in approved securities
10
Subject to regulation 8, and except as provided in regulation 11 or 12, the property of an authorised securities scheme shall consist of approved securities.
Exceptions from regulations 9 and 10
11
Notwithstanding the provisions of regulations 9 and 10 —
a
up to 10% in value of the property of an authorised securities scheme may consist of transferable securities which are not approved securities; and
b
the property of an authorised securities scheme may include cash and items of near cash which are not transferable securities provided that the holding of such cash or near cash may reasonably be regarded as necessary in order to enable units to be redeemed or for the efficient management of the scheme in accordance with its object or for other purposes which may reasonably be regarded as ancillary to the object of the scheme.
Ability of authorised securities scheme to invest in open-ended collective investment schemes
12
The property of an authorised securities scheme shall not include units in a collective investment scheme which has the characteristics described in section 78(6) of the Act or is treated as having those characteristics by virtue of that provision unless the scheme is either —
a
another authorised securities scheme; or
b
a recognised scheme which has the characteristics described in sub-paragraph (c)(i) to (iii) of this paragraph; or
c
a collective investment scheme constituted in a country or territory outside the United Kingdom units in which are approved securities, and —
i
the sole object of which is to invest funds raised from the public in transferable securities;
ii
which operates on the principle of risk-spreading; and
iii
the terms of which restrict investment in units in other collective investment schemes to investment in units in schemes of a kind described in this regulation and prohibit more than 5% in value of the property of the scheme consisting of such units.
Limitation on amount which may be invested under regulation 12
13
Subject to regulation 14, not more than 5% in value of the property of an authorised securities scheme shall consist of units in collective investment schemes of the kind described in regulation 12.
Limitation on investment in schemes managed by manager or associated company
14
None of the property of an authorised securities scheme shall consist of units in another collective investment scheme which is managed or operated by the manager of the former scheme or by another company in the same group as the manager or which is managed or operated by any person who is a controller of the manager or of whom the manager is a controller unless —
a
the deed or other instrument constituting the latter scheme states that its object is investment in a particular geographic area or economic sector; and
b
both the deed constituting the former scheme and its scheme particulars clearly state that property of the scheme may be invested in such units.
Limitation on investment in instruments conferring rights to subscribe and investment in nil paid or partly paid securities
15
1
The property of an authorised securities scheme shall not include any investments falling within paragraph 4 of Schedule 1 to the Act unless —
a
if the value of all such instruments as are included in the property of the scheme exceeds 5% of the value of that property, the cost of acquiring the investments to which all such instruments relate could be met in full out of cash or near cash comprised in the property of the scheme which is not taken into account for the purpose of paragraph (2) or for the purposes of regulation 8(5)(b)(i), 8(7) or 32(1)(c) or out of sums which could be borrowed without contravening regulation 31(2)(b); and
b
the right to subscribe conferred by the instrument could be exercised without contravening any provision of these Regulations.
2
The property of an authorised securities scheme shall not include any transferable security if, to the knowledge of the manager, a call is to be made within three months for any sum unpaid on that security unless that call and any other calls for sums unpaid on transferable securities comprised in the property which, to the knowledge of the manager, are to be made within three months, could be met in full out of cash or near cash which is not taken into account for the purposes of paragraph (1) or for the purposes of regulation 8(5)(b)(i), 8(7) or 32(1)(c) or out of sums which could be borrowed without contravening regulation 31(2)(b).
Limitation on acquisition of influential stake
16
1
Subject to the provisions of paragraph (2), the property of an authorised securities scheme shall not include —
a
shares in a body corporate which carry more than 10% of the rights to vote in all circumstances at general meetings of the body corporate; or
b
more than 10% of —
i
any other shares in a body corporate other than an open-ended investment company; or
ii
any investment, other than a Government and other public security, which falls within paragraph 2 of Schedule 1 to the Act and is issed by the same issuer;
iii
the units in any collective investment scheme.
2
The provisions of sub-paragraphs (a) and (b)(ii) and (iii) of paragraph (1) shall not have effect in any case in which it was not possible, at the time the transferable securities were acquired, to ascertain whether the acquisition would contravene those provisions.
Authorised securities schemes other than Government and other public securities funds: spread of investments
17
Except as provided in regulation 18 and subject to the provisions of regulation 19, not more than 5% in value of the property of an authorised securities scheme which is not a Government and other public securities fund shall consist of transferable securities issued by the same issuer.
Exceptions from regulation 17
18
Notwithstanding the provisions of regulation 17 —
a
up to 10% in value of the property of an authorised securities scheme which is not a Government and other public securities fund may consist of transferable securities other than Government and other public securities issued by the same issuer provided that the total value of such transferable securities included in the property of the scheme does not exceed 40% in value of the property of the scheme; and
b
up to 35% in value of the property of an authorised securities scheme which is not a Government and other public securities fund may be invested in Government and other public securities issued by the same issuer.
Acquisitions as a result of exercise of rights
19
The provisions of regulations 17 and 18 shall not apply in any case in which any of the limits prescribed by those regulations is exceeded as a result of the exercise of rights arising in respect of investments comprised in the property of the scheme.
Government and other public securities funds: spread of investments
20
1
The property of a Government and other public securities fund shall comprise Government and other public securities of at least six different issues.
2
Not more than 30% in value of the property of a Government and other public securities fund shall consist of Government and other public securities of the same issue.
3
For the purposes of this regulation and for those of regulation 23, Government and other public securities shall be regarded as being of a different issue if, notwithstanding that they are issued by the same person, they are issued on different terms whether as to repayment dates, interest rates, the identity of the guarantor, if any, or otherwise.
Money market funds: limitation of ability to invest in transferable securities
21
Not more than 80% in value of the property of a money market fund shall consist of transferable securities.
Money market funds: general investment powers
22
Subject to the provisions of regulation 8, none of the property of a money market fund shall include anything other than the following —
a
cash or deposits with or loans to an authorised institution, a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986 or a local authority, but only such deposits or loans which are repayable within a period of six months or which are made on terms on which the trustee or manager may demand repayment within that period unconditionally and without payment of a penalty exceeding more than seven days' interest calculated at normal commercial rates;
b
Government and other public securities which are redeemable at the option of the holder within a period of two years or which will be redeemed by the issuer within that period;
c
bills of exchange issued by an authorised institution which are repayable within a period of twelve months;
d
investments falling within paragraph 2 of Schedule 1 to the Act which are issued by an authorised institution or a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986 otherwise than by way of creating or acknowledging indebtedness arising on the making of a deposit or loan of the kind described in sub-paragraph (a) above, are not subordinated and are repayable within the period of twelve months; and
e
other investments falling within paragraph 2 of Schedule 1 to the Act which are not subordinated, are traded on or dealt in under the rules of an approved market otherwise than by virtue of the specific permission of the market authority and which are repayable within the period of twelve months.
Money market funds; spread of investments
23
1
Subject to the provisions of paragraph (2) —
a
not more than 5% in value of the property of a money market fund shall consist of instruments which are not Government and other public securities and are issued by the same issuer;
b
not more than 10% in value of a money market fund shall be kept on deposit with or be on loan to the same person, and, for the purposes of this sub-paragraph, the trustee, each person in the same group as the trustee, any controller of the trustee and any person of whom the trustee is a controller shall all be treated as one person as shall the manager, each person in the same group as the manager, any controller of his and any person of whom he is a controller;
c
up to 80% in value of the property of a money market fund may consist of Government and other public securities provided that, if more than 35% in value of the property of the fund consists of such securities, the property must include Government and other public securities of at least five different issues; and
d
not more than 30% in value of a money market fund shall consist of Government and other public securities of the same issue.
2
Notwithstanding the provisions of paragraph (1)(b), up to 20% in value of the property of a money market fund may be kept on deposit with or on loan to —
a
any one building society; or
b
any one authorised institution provided that the authorised institution is not in the same group as the manager or trustee and is not a controller of either of them or a person of whom either of them is a controller and provided also that the amount so deposited or lent does not exceed 10% of the relevant institution’s issued capital and reserves as shown in its last published accounts.
Money market funds: limitation of ability to invest in long dated instruments
24
A least 50% in value of the property of a money market fund shall consist of instruments, deposits or loans which are redeemable or repayable within two weeks or which are capable of being transferred without the consent of a third party.
Application of regulations 15 and 16 to money market funds
25
The provisions of regulation 15, and those of regulation 16(1)(b)(ii) and 16(2) insofar as that regulation relates to regulation 16(1)(b)(ii), shall apply in relation to a money market fund in the same way as they apply in relation to an authorised securities scheme.
Feeder funds: limitation to investment in units of single collective investment scheme
26
Subject to regulations 8 and 30, the property of a feeder fund shall consist of units in a single scheme or recognised scheme.
Funds of funds: limitation to investment in units of other collective investment schemes
27
Subject to regulations 8 and 30, the property of a fund of funds shall consist of units in schemes or recognised schemes.
Prohibition on fund of funds investing in another fund of funds
28
1
None of the property of a fund of funds shall include units in another fund of funds or units in a recognised scheme which would, if authorised, be a fund of funds.
2
None of the property of a fund of funds shall include units in any separate part of the property of an umbrella fund if that separate part of the property would, if authorised, be a fund of funds.
Funds of funds: spread of investments
29
Not more than 20% in value of the property of a fund of funds shall comprise units in a single scheme or recognised scheme.
Feeder funds and funds of funds: ability to hold cash and near cash
30
Notwithstanding the provisions of regulations 26 and 27, the property of a feeder fund and of a fund of funds may include cash and money in a current or deposit account which is near cash provided that the holding of such cash or near cash may reasonably be regarded as necessary in order to enable units to be redeemed or for the efficient management of the scheme in accordance with its object or for other purposes which may reasonably be regarded as ancillary to the object of the scheme.
Borrowing
31
1
The manager shall take all reasonable steps and exercise all due diligence to ensure that the trustee does not borrow sums of money repayable out of the property of the scheme except in accordance with the provisions of this regulation.
2
No sum shall be borrowed if, on the date it is proposed to borrow the sum, that sum together with all other sums borrowed and not repaid at that date would —
a
amount in aggregate to a sum greater than the total of all sums which are to become part of the property of the scheme within one calendar month of that date; and
b
if they were immediately repayable, require more than 10% in value of the property of the scheme to be utilised for the purposes of repayment.
3
If, at any time, the total of sums borrowed which are repayable out of the property of the scheme is such that either of the conditions described in paragraph (2)(a) or (b) is fulfilled the manager shall, as soon as is reasonably practicable having regard to the interests of participants, take such steps as are necessary to ensure that the total of the sums borrowed is reduced so that it does not give rise to circumstances of the kind described in this paragraph.
4
The foregoing provisions of this regulation do not apply to any arrangement which may be made without contravening regulation 8, being an arrangement under which currency other than the base currency is borrowed and an amount of base currency at least equal to the amount of currency borrowed is placed, and continues to be kept, on deposit by the borrower with the lender, his agent or any other person designated by the lender for that purpose provided that if the amount of base currency kept on deposit ceases to be at least equal to the amount of currency borrowed the manager shall, as soon as is reasonably practicable in the interests of participants, take such steps as are necessary to ensure that sufficient base currency is placed on deposit as will secure that the total amount deposited is at least equal to the amount of currency borrowed.
5
The trustee shall take all reasonable steps and exercise all due diligence to exercise such degree of supervision over the manager’s operation of the scheme as is appropriate with a view to ensuring that the manager fulfils the duties imposed on him by paragraphs (3) and (4).
6
Nothing in this regulation shall be construed as preventing the trustee from borrowing monies in accordance with this regulation, on the best commercial terms available, for the account of the fund either from himself, acting otherwise than in his capacity as trustee, or from any person in the same group as himself or from any controller of his or from any person of whom he is a controller.
Underwriting and placings
32
1
The manager shall not, in his capacity as manager, enter into agreements or understandings of a kind to which this regulation applies unless —
a
in the case of an underwriting or sub-underwriting agreement, the trustee could discharge any obligation he may be called upon to perform in pursuance of the agreement without there being a contravention of whichever is applicable of regulations 8 to 29;
b
in the case of any other agreement or understanding, the transferable securities could be acquired without there being any such contravention; and
c
in any case other than a case in which the cost of acquiring any transferable securities that the trustee may or will be called upon to acquire in pursuance of any such agreement or understanding is to be met by the issue of units in the scheme, that cost could be met in full out of cash or near cash comprised in the property of the scheme and which is not taken into account for the purposes of regulation 8(5)(b)(i), 8(7) or 15 or out of sums which could be borrowed without contravening regulation 31(2)(b).
2
This regulation applies to any underwriting or sub-underwriting agreement and to any agreement or understanding that transferable securities will be issued to or acquired by the trustee acting in his capacity as such.
3
The manager shall take all reasonable steps and exercise all due diligence to ensure that the conditions specified in paragraph (1)(a) to (c) continue to be fulfilled at all times during which the trustee may or will be called upon to acquire transferable securities in pursuance of any agreement or understanding to which this regulation applies.
4
The trustee shall take all reasonable steps and exercise all due diligence to exercise such degree of supervision over the manager’s operation of the scheme as is appropriate with a view to ensuring that the manager fulfils the duty imposed on him by paragraph (3).
Lending, guarantees and indemnities
33
1
Subject to the provisions of paragraph (2), none of the property of a scheme may be lent or used to discharge any obligation arising under a guarantee or indemnity given by the trustee or manager with respect to the obligations of any third party.
2
For the purposes of paragraph (1), neither the consideration payable for any instrument creating or evidencing indebtedness which, by virtue of any provision of these regulations, may properly be included within the property of a scheme, nor the placing of money on deposit or in a current account, nor the transfer of title to any property of the scheme on terms that involve title being transferred back at some future date shall be regarded as lending.
Uncovered sales of property
34
Neither the trustee nor the manager acting in their capacities as such shall enter into any agreement to dispose of property which is not a hedging transaction unless the property of the scheme includes either —
a
property sufficient to enable that obligation together with any other similar obligation incurred in relation to the scheme to be discharged; or
b
rights to acquire property sufficient to enable that obligation together with any similar obligation incurred in relation to the scheme to be discharged.
Application of regulations to umbrella funds
35
1
In the application to an umbrella fund of regulations 8 to 15, 17 to 24, 26 to 34 and regulation 25 insofar as it relates to the application of regulation 15 to an umbrella fund, references to the property of the scheme shall be construed as references to each separate part of the property and those regulations shall apply to such funds as if each separate part of the property were the property of a single scheme.
2
Regulation 16 shall apply to an umbrella fund which is so constituted that any separate part of the property would be an authorised securities scheme or a money market fund if that part of the property were the property of a single scheme as if all such separate parts of the property constituted one authorised securities scheme.
Prohibition on a scheme of a particular kind becoming a scheme of another kind
36
The object of a scheme which is an authorised securities scheme, a feeder fund, a fund of funds or a money market fund shall not be altered so as to have the effect that the scheme ceases to be a scheme of that particular kind.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
22nd February 1988


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
This Order may be cited as the Penzance and Newlyn (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the Harbours” means Penzance Harbour as described in section 15 of the Penzance Corporation Act 1883 and Newlyn Harbour as described in section 6 of the Newlyn Pier and Harbour Order 1906 .
“the Harbour Authorities” means, in relation to Penzance Harbour, the Penwith District Council, in relation to Newlyn Harbour, the Newlyn Pier and Harbour Commissioners and, in relation to the area described in Article 3, both acting jointly.
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Penwith District Council, Council Offices, St Clare, Penzance, Cornwall TR 18 3QW.
Extension of Limits of Jurisdiction for Purposes of Pilotage in Mounts Bay.
3
The limits within which the Harbour Authorities shall have jurisdiction for the purposes of pilotage under Part 1 of the Pilotage Act 1987 shall include (in addition to the Harbours) the area coloured pink on the signed plan, being so much of the area within an imaginary straight line between Penzer Point (Latitude 50o 04'. 150 N, longitude 5o 32'.500 W) and Saint Michael’s Mount (Latitude 5o 07'.000 N, longitude 5o 28'.600 W).
Signed by authority of the Secretary of State
J W S Dempster
An Under-Secretary,
Department of Transport
18th August 1988


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment Order 1988 and shall come into force on 11th January 1988.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 27th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; and
b
the slaughter of a sheep which —
i
was moved from a place in accordance with such a consent given on or after 11th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
c
in either case, the supply or having in possession for supply of meat, or food containing meat, derived from such a sheep,
and accordingly that Order is amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 21st December 1986 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 27th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
ii
was moved from any place in accordance with such a consent given on or after 28th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or
iii
was moved from any place in accordance with such a consent given on or after 11th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
and which, in each case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th January 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988.
2
This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
Interpretation
2
1
In this Order, except where the context otherwise requires —
“deposited plan and sections” means the plan and sections signed on behalf of the Secretary of State and marked “Plan and sections referred to in the Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988”, of which copies are deposited at the offices of the Secretaries of State for Scotland and Transport and with Caledonian MacBrayne Limited, Harbour Office, Castlebay;
“the Group” means the Scottish Transport Group constituted under the Transport Act 1968 ;
“harbourmaster” means the harbourmaster appointed by the Group and includes his authorised deputes and assistants and any person authorised by the Group to act in that capacity;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“the pier” means the existing pier and quay wall at Castle Bay;
“the pier premises” means the quays, piers, landing places and all other works, land (including land covered by water) and buildings for the time being vested in or occupied or administered by the Group for the purposes of the pier undertaking as from time to time authorised;
“tidal work” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water;
“work” means the work authorised by this Order, or as the case may require any part thereof, and includes any work constructed pursuant to article 7 below.
2
Except in relation to article 7 below, all dimensions stated in any description of works or lands in this Order shall be construed as if the words “or thereabouts” were inserted after each such dimension.
3
Any reference in this Order to a work identified by the number of that work shall be construed as a reference to the work of that number authorised by this Order.
PART II
JURISDICTION AND POWERS
Pier jurisdiction
3
The Group shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964, and the powers of the harbourmaster shall be exercisable within —
a
the area lying below the level of high water and within a distance of 200 metres from any part of the existing pier; and
b
the pier premises.
Power to maintain pier premises
4
Subject to the provisions of this Order, the Group may maintain the pier premises.
PART III
WORKS
Power to construct works
5
1
Subject to the provisions of this Order, the Group may in the Castlebay Electoral Division, parish of Barra in the Western Isles Islands Area and on the foreshore and in the sea adjoining the same in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections construct, execute and maintain the works hereinafter described with all necessary works and conveniences connected therewith or incidental thereto that is to say: —
Work No. 1
A vehicle marshalling area of predominantly rectangular shape to be constructed partly by excavation and partly by infilling varying in width from 19 metres at its north-western end to 7 metres at its southern end commencing at a point 92 metres north of the north-western corner of the existing pier and extending in a south-easterly direction for a distance of 60.5 metres and then in a southerly direction for a distance of 32 metres and there terminating.
Work No. 2
A causeway providing an access way for vehicular traffic between the vehicle marshalling area (Work No. 1) via the adjustable steel link bridge (Work No. 3) and any ferry berthed at the existing pier, commencing at a point 71.5 metres north of the north-western corner of the existing pier and extending westerly through a curve to a generally southerly direction for a distance of 29 metres and there terminating, having a width at the level of the metalled carriageway varying between 17 metres at its commencement to 5.8 metres at its termination and surrounded on both its seaward faces by protecting slopes of broken rock, of partly solid infilled construction and partly open work.
Work No. 3
An adjustable steel link bridge commencing at the termination of Work No. 2 by a hinged connection and extending in a generally southerly direction for a distance of 36 metres and there terminating to form a link between any vessel and Work No. 2 and including machinery for lifting and lowering the end adjoining the vessel, the width of the bridge being 5.8 metres at its commencement and 8.5 metres at its termination.
Work. No. 4
Two fixed structures of partly solid and partly open construction for guiding the adjustable end of the steel link bridge (Work No. 3) and supporting the cables for lifting and lowering the said bridge, the centre of the western structure being situated at a point 23.8 metres north-west of the north-western corner of the existing pier, the structure having a width of 7.5 metres and a length of 6 metres, the centre of the eastern structure being situated at a point 18.8 metres north of the north-western corner of the existing pier, the structure having a width of 3 metres and a length of 6 metres.
Work No. 5
Re-fendering the west face and the north and south roundheads of the existing pier in open work construction commencing at a point 3 metres east of the north-western corner of the existing pier and terminating at a point 51 metres south-south-east of the north-western corner of the existing pier having a length of 61.5 metres and a width of 1.5 metres.
2
The Group may within the limits of deviation reconstruct, renew and alter temporarily or permanently the works.
3
The works shall be deemed for all purposes to be within the Western Isles Islands Area.
Power to deviate
6
Subject to the provisions of this Order, in the construction or execution of the works the Group may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.
Subsidiary works
7
Subject to the provisions of this Order, the Group, for the purposes of or in connection with the works authorised by article 5 above, may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with those works.
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be constructed, reconstructed, executed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, reconstructed, executed, renewed or altered in contravention of this article —
a
the Secretary of State may by notice in writing require the Group at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition, and if, on the expiration of 30 days from the date when the notice is served upon the Group they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Group.
Survey of tidal works
9
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey and examination shall be recoverable from the Group.
Lights on tidal works during construction
10
1
The Group shall at or near a tidal work during the whole time of the construction, reconstruction, execution, renewal, or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.
2
If the Group fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
Permanent lights on tidal work
11
1
After the completion of a tidal work the Group shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation, as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Group fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
12
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Group at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Group, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Group.
Provision against danger to navigation
13
1
In the case of injury to or destruction or decay of a tidal work or any part thereof the Group shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Group fail to notify the Commissioners of Northern Lighthouses as required by this article or to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to a fine.
PART IV
SAVINGS
Saving for certain enactments, etc.
14
1
Nothing in this Order affects the operation of —
a
the Prevention of Oil Pollution Act 1971 ;
b
the Control of Pollution Act 1974 ;
c
the Offshore Petroleum Development (Scotland) Act 1975 ;
d
Part II of the Food and Environment Protection Act 1985 .
2
Nothing in this Order shall exempt the Group from the provisions of Part I of the Coast Protection Act 1949 .
3
Nothing in this Order shall affect prejudicially the jurisdiction or authority of the Commissioners of Northern Lighthouses.
Saving for town and country planning
15
1
The Town and Country Planning (Scotland) Act 1972 and any orders, regulations, rules, schemes and directions made or given thereunder and any restrictions or powers thereby imposed or conferred in relation to land shall apply and may be exercised in relation to any land notwithstanding that the development thereof is or may be authorised or regulation by or under this Order.
2
In their application to development authorised by this Order, article 3 of, and Class X in Schedule 1 to, the Town and Country Planning (General Development) (Scotland) Order 1981 (which permit development authorised by any local or private Act or by any Order approved by both Houses of Parliament, or by any Order made under section 14 or section 16 of the Harbours Act 1964, being an Act or Order designating specifically both the nature of the development thereby authorised and the land on which it may be carried out) shall have effect as if the authority to develop given by this Order were limited to development begun within ten years of the coming into force of this Order.
Repeals
16
The enactments specified in columns (1) and (2) of the Schedule to this Order are hereby repealed to the extent mentioned in column (3) thereof.
Crown rights
17
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Group to take, use, enter upon or in any manner interfere with, any land or interests in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Costs of Order
18
The costs, charges and expenses of and incidental to the preparing for and obtaining of this Order or otherwise in relation thereto (other than costs, charges and expenses which any person is lawfully ordered to pay by the Secretary of State or a Joint Committee of both Houses of Parliament or any costs incurred in opposing this Order) shall be paid by the Group.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
21st March 1988


text:
1
These Regulations may be cited as the Notices to Quit etc. (Prescribed Information) Regulations 1988 and shall come into force on 15th January 1989.
2
Where, on or after the date these Regulations come into force, a landlord gives a notice to quit any premises let as a dwelling, or a licensor gives a notice to determine a periodic licence to occupy premises as a dwelling (and the premises are not let or occupied as specified in section 5(1B) of the Protection from Eviction Act 1977), the information prescribed for the purposes of section 5 of the Protection from Eviction Act 1977 shall be that in the Schedule to these Regulations.
3
The Notices to Quit (Prescribed Information) Regulations 1980 are hereby revoked.
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
1
These Regulations may be cited as the Feeding Stuffs Regulations 1988, and shall come into force for the purposes of regulation 16(3) and (4), paragraph 16 of Schedule 1 and Part II of Schedule 5 on 3rd December 1988, for the purposes of Chapter D of Part I of Schedule 5 on 3rd December 1990 and for all other purposes on 6th April 1988.
2
Regulation 17 shall cease to have effect on 3rd December 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ The Act ” means the Agriculture Act 1970;
“additive” means any substance, or preparation containing any substance, other than a premixture as defined, which, when incorporated into a feeding stuff, is likely to affect its characteristics or livestock production;
“ash” means the matter which results from the treatment of the feeding stuff in accordance with the appropriate procedure described in method 12 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“complementary feeding stuff” means a mixture of feeding stuffs which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;
“complete feeding stuff” means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;
“compound feeding stuff” means a mixture of products of vegetable or animal origin in their natural state, fresh or preserved, or products derived from the industrial processing thereof, or organic or inorganic substances, whether or not containing additives, for oral animal feeding in the form of complete feeding stuffs or complementary feeding stuffs;
“daily ration” means the average total quantity of feeding stuff, expressed on 12 per cent moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;
“energy value” means the energy value of a feeding stuff calculated in accordance with the method described in Schedule 9;
“fat” means the extract obtained as a result of treatment of the feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“fibre” means the organic matter calculated as a result of treatment of the feeding stuff in accordance with the procedure described in method 9 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“ingredient” means —
a product of vegetable or animal origin, in its original state, fresh or preserved;
any product derived from such a product by industrial processing;
any organic or inorganic substance;
whether containing additives or not, which is intended for circulation as a straight feeding stuff or for the preparation of a compound feeding stuff or as a carrier of a premixture;
“medicinal product” and “medicinal purpose” have the meanings assigned to them by section 130(1) and (2) respectively of the Medicines Act 1968 ;
“milk replacer feed” means a compound feeding stuff administered in dry form or after reconstitution with a given quantity of liquid for feeding young animals as a supplement to, or substitute for, post-colostral milk or for feeding calves intended for slaughter;
“mineral feeding stuff” means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40 per cent by weight of ash;
“molassed feeding stuff” means a complementary feeding stuff prepared from molasses and which contains at least 14 per cent by weight of total sugar expressed as sucrose;
“moisture” means water and other volatile material determined in accordance with the procedure described in method 2 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“name”, in relation to an additive, means the name used in relation to that additive in the Table in Schedule 4;
“national list” means the list of manufacturers of compound feeding stuffs published in London on the 30th November 1988 by the Ministry of Agriculture, Fisheries and Food for the purposes of Article 3a(2)(a) of the Council Directive 74/63/ EEC on undesirable substances and products in animal nutrition .
“oil” means the extract obtained as a result of treatment of the feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“pet food” means a feeding stuff for pet animals and “compound pet food” shall be construed accordingly;
“premixture” means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;
“protein” means the matter obtained as a result of treatment of the feeding stuff in accordance with the procedure described in method 4 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“protein equivalent of urea, biuret, urea phosphate and diureidoisobutane” means the amount of urea, biuret, urea phosphate and diureidoisobutane nitrogen multiplied by 6.25;
“starch” means the matter obtained as the result of treatment of the feeding stuff in accordance with method 30a or 30b, as appropriate, of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“straight feeding stuff” means a vegetable or animal product in its natural state, fresh or preserved, and any product derived from the industrial processing thereof, and any single organic or inorganic substance, whether or not it contains any additive, intended as such for oral animal feeding.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act .
Descriptions of animals prescribed for the purpose of the definition of feeding stuff
3
For the purpose of the definition of feeding stuff in section 66(1), bulls, cows, steers, heifers, calves, sheep, lambs, goats, kids, swine, horses, deer, rabbits (other than pet rabbits), mink, partridges, pheasants, poultry, bees and farmed fish are prescribed animals.
Prescribed descriptions of material
4
The description of material prescribed for the purposes of sections 68(1) and 69(1) shall be any material usable as a feeding stuff (other than a straight feeding stuff intended for use as a pet food), and any material usable as an ingredient in such a feeding stuff.
Matters required and permitted to be contained in a statutory statement
5
For the purposes of subsections (1) and (1A) of section 68 the particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement shall be those set out in Schedule 1.
Forms of statutory statement
6
1
In the case of material of a prescribed description delivered in a package or other container the statutory statement shall either —
a
take the form of a label attached to that package or container; or
b
be clearly marked directly thereon;
and in the case of such material delivered in bulk the statutory statement shall take the form of a document relating to each consignment.
2
The particulars, information and instructions required by section 68(1) and permitted by section 68(1A) to be contained in a statutory statement shall —
a
be clearly separate from any other information,
b
be in English, and
c
be legible and indelible.
3
For the purposes of section 69 (marking of material prepared for sale), material of a prescribed description which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1) of this regulation, and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.
Control of particulars concerning the ingredients of compound feeding stuffs
7
1
No person shall —
a
sell a compound feeding stuff in relation to which the statutory statement, label or any document given to the purchaser in connection with a particular delivery, refers to the presence of any ingredient (other than a substance required or permitted by regulation 5 to be named in the statutory statement or a substance controlled under regulation 15);
b
have on his premises for the purpose of selling it in the course of trade any compound feeding stuffwhich is ready for sale and marked so as to show the presence of any such ingredient:
unless the statutory statement or label or document or mark, as the case may be, lists all the ingredients present in the compound feeding stuff concerned, either individually or in appropriately described categories of ingredients of like characteristic or nature, or a combination thereof, in descending order of proportion by weight.
2
Without prejudice to the provisions of paragraph (1) above, no person shall, in any statutory statement relating to a compound feeding stuff intended for use as a pet food —
a
use any description of any category of ingredients other than the appropriate description specified in relation to that category in the first column of Schedule 6;
b
include in any list of ingredients both a description of a category of ingredients and the name of an individual ingredient, except in the case of an individual ingredient which is not included in any category described and defined in Schedule 6.
Time by which a statutory statement relating to certain material must be given
8
For the purpose of section 68(3), any statutory statement required to be given on the sale of any straight feeding stuff delivered in bulk may be given as soon as practicable after delivery to the purchaser.
Register of marks
9
1
As respects any straight feeding stuff of a prescribed description the matters required by section 69(1) to be marked on that material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
2
In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser, there shall be an indication in a document, ticket or notice which is readily apparent and unequivocally associated with the material, of the type of feeding stuff and of the name or trade name, and of the address or registered office of the manufacturer. The other matters required by section 69(1) to be marked on the material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
3
The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) of this regulation shall include the name and address of the purchaser, the date of the order and the amount ordered. The register shall be kept as a separate record in book form marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.
4
The period for which the register is to be preserved in accordance with section 69(7) shall be a period of six months commencing on the first day on which none of the materials referred to in the register remains on the premises for sale as aforesaid.
5
The register shall be made and kept by the seller concerned.
Assigned Meanings
10
For the purposes of section 70 the meaning assigned by these Regulations to “complementary feeding stuff”, “complete feeding stuff”, “compound feeding stuff”, “milk replacer feed”, “mineral feeding stuff” and “molassed feeding stuff” shall be in each case the meaning given to that name or expression by regulation 2(1).
Limits of variation
11
For the purpose of section 74, the limits of variation in relation to any mis-statement in a statutory statement or mark as to the nature, substance or quality of a feeding stuff which relates to an analytical constituent or energy value mentioned in the first column of Schedule 3 shall be as set out with respect to that constituent or value in the second column of the said Schedule.
Manner of packaging and sealing compound feeding stuffs, additives and premixtures
12
1
Subject to paragraphs (2), (3) and (4) below no person shall sell a compound feeding stuff or any additive or premixture unless it is in a bag or container and unless that bag or container is sealed in such a way that when the bag or container is opened the seal is damaged and cannot be re-used.
2
Compound feeding stuffs may be sold in bulk, in unsealed bags or in unsealed containers in the case of —
a
deliveries between producers or sellers of compound feeding stuffs;
b
deliveries from producers of compound feeding stuffs to packaging firms;
c
compound feeding stuffs obtained by mixing grain or whole fruit;
d
blocks or licks;
e
small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which before opening complied with the sealing provision of paragraph (1) above.
3
Compound feeding stuffs may be sold in bulk, or in unsealed containers, but not in unsealed bags in the case of —
a
direct deliveries from the producer to the final user;
b
molassed feeding stuffs consisting of less than three ingredients;
c
pelleted feeding stuffs.
4
Additives and premixtures may be sold in bulk, in unsealed bags or in unsealed containers in the case of deliveries to manufacturers of premixtures or feeding stuffs.
Meanings of names and purity of materials
13
1
For the purpose of section 70, any name of a material specified in column 2 of Schedule 2 shall have the meaning assigned thereto in column 3 of the said Schedule.
2
No person shall sell or have in possession with a view to sale any vegetable material named in Column 2 of Schedule 2 of which the botanical purity is less than 95%.
Control of the moisture content of certain compound feeding stuffs
14
No person shall sell or have in possession with a view to sale a compound feeding stuff which contains more than 40% of milk products by weight, unless the said feeding stuff contains no more than 7% of moisture by weight.
Control of added substances contained in feeding stuffs
15
1
No person shall sell or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, or import into Great Britain for such use any material containing any additive, unless the material complies with the relevant provisions of Schedule 4, and it shall be proof of an offence under section 74A(3) if a sampled portion of the material is shown by an analysis of the sample taken from it not to comply with a relevant provision of the said Schedule.
2
Paragraph (1) of this regulation shall not apply to any substance which is —
a
for use in accordance with a written direction given by a veterinary surgeon or veterinary practitioner for the treatment of a particular animal or particular animals under his care;
b
a medicinal product or for use for a medicinal purpose in a feeding stuff.
3
No person shall use as a feeding stuff or import into Great Britain for such use any material containing any added substance, not being a substance of a name or description specified in the Table in Schedule 4, which is deleterious to animals of any description specified in regulation 3, to pet animals, to human beings or to the environment, and it shall be proof of an offence under section 74A(3) if a sampled portion of the material is shown by an analysis of the sample taken from it to contain an added substance which is deleterious as aforesaid.
4
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or import into Great Britain for such use, any complementary feeding stuff, which, when diluted as specified by the manufacturer for feeding to animals, contains levels of additives which exceed those specified in Schedule 4 in relation to complete feeding stuffs.
Control of feeding stuffs and ingredients containing undesirable substances
16
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, any material specified in column 2 of Part I of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
2
No person shall sell, or have in possession with a view to sale, any complementary feeding stuff which contains a substance specified in column 1 of Part I of Schedule 5 unless —
a
that feeding stuff is specified in the second column thereof; and
b
the instructions for use are so worded as to ensure that —
i
the feeding stuff is used only as part of a daily ration, and
ii
that the daily ration contains no more of the specified substance than the level specified in relation thereto for complete feeding stuffs.
3
No person shall sell, or have in possession with a view to sale, for use as an ingredient, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
4
No person shall sell, or have in possession with a view to sale, for use as an ingredient, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation to straight feeding stuffs in column 3 of Part I of that Schedule unless —
a
the material is intended for use only by manufacturers of compound feeding stuffs who are listed in the national list; and
b
it is accompanied by a document stating —
i
that the material is intended only for the use specified in sub-paragraph (a) above,
ii
that the material may not be fed unprocessed to livestock, and
iii
the amount of the specified substance contained in the material.
5
Paragraphs (1) to (4) of this regulation shall not apply to any substance which is —
a
for use in accordance with a written direction given by a veterinary surgeon or a veterinary practitioner for the treatment of a particular animal or particular animals under his care;
b
a medicinal product or for use for a medicinal purpose in a feeding stuff.
Restriction on importation and sale of material containing Aflatoxin B1
17
No person shall import into Great Britain, or sell or have in possession with a view to sale, for use as a feeding stuff any material which is groundnut or a derivative of groundnut in which the level of Aflatoxin B1 exceeds 0.05 mg/kg, and it shall be proof of an offence under section 74A(3) if a sampled portion of the material is shown by an analysis of the sample taken from it to contain a level of Aflatoxin B1 exceeding 0.05 mg/kg.
Control of certain protein sources
18
1
No person shall sell, or have in his possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 7 unless that material —
a
is named as a permitted product in column 2 of that Schedule; and
b
complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 7 of the Schedule.
2
No person shall —
a
sell, or have in his possession with a view to sale, for use as a feeding stuff;
b
use as a feeding stuff
any product obtained from yeasts of the “Candida” variety cultivated on n-alkanes.
Control of additives and premixtures
19
1
No person shall sell any additive in a bag or container which is not labelled or marked in accordance with Part I of Schedule 8 and paragraph (3) of this regulation.
2
No person shall sell any premixture in a bag or container which is not labelled or marked in accordance with Part II of Schedule 8 and paragraph (3) of this regulation.
3
Every label or mark required by paragraph (1) or (2) of this regulation shall conform to the provisions of regulation 6(1) and (2) as if such label or mark were a statutory statement.
4
If any person sells any additive or premixture in contravention of any provision of this regulation he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
Control of iron content of milk replacer feeds
20
No person shall sell, or have in possession with a view to sale, any milk replacer feed intended for calves of up to 70 kilograms live weight which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12%.
Modification of the Agriculture Act 1970 in relation to all feeding stuffs
21
1
Sections 66 and 82 of the Act shall apply, in relation to all feeding stuffs, subject to the modifications provided for in the following paragraphs.
2
For subsection (2) of section 66 there shall be substituted the following subsection:
2
For the purposes of this Act —
a
material shall be treated as sold for use as a fertiliser whether it is sold to be so used by itself or as an ingredient in something which is to be so used;
b
material shall be treated —
i
as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold to be so used by itself or as an ingredient or additive in something which is to be so used;
ii
as used as a feeding stuff whether it is so used by itself or as an ingredient or additive in something which is to be so used.
3
In subsection (1) of section 82 for the words “68(4)(b) and (c)” there shall be substituted the words “68(1A), (4)(b) and (c)” and for the words “and 73” there shall be substituted the words “73, 73A and 74A”.
Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
22
1
In relation to feeding stuffs which have been imported section 69(1) shall have effect subject to the modifications provided for in the following paragraph.
2
The words “and in either case before it is removed from the premises” shall be omitted, and for the words “the material” there shall be substituted the words “any material which has been marked in accordance with this subsection”.
Exemptions
23
These regulations shall not apply to any feeding stuff which is intended for use only foremrule;
a
the experimental investigation or testing of substances controlled under regulation 15;
b
other purposes of scientific research or experiment,
and which is not generally available for sale, purchase or use as a feeding stuff, and is clearly marked to that effect.
Revocation
24
The Feeding Stuffs ( No. 2) Regulations 1986 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd March.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
2nd March 1988
Peter Walker
Secretary of State for Wales
2nd March 1988


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Nuclear Installations) Regulations 1988 and shall come into force on 25th August 1988.
2
The Air Navigation (Restriction of Flying) (Atomic Energy Establishments) Regulations 1983 are hereby revoked.
3
1
This regulation applies to each of the nuclear installations specified in column 1 of the Schedule hereto each of which for the purpose of this regulation shall be taken to comprise an area bounded by a circle of the radius specified in column 2 of the said Schedule opposite its name centred on the position so specified in column 3 of the said Schedule.
2
An aircraft shall not fly over a nuclear installation to which this regulation applies below such height above mean sea level as is specified in column 4 of the said Schedule opposite its name.
Provided that nothing in this regulation shall prohibit —
a
in relation to the nuclear installations at Aldermaston, Burghfield, Capenhurst, Chapelcross, Sellafield and Springfields, flight for the purpose of landing at or taking off from the helicopter landing area at the installation with the permission of the person in charge of the installation and in accordance with any conditions to which that permission is subject; or
b
in relation to the nuclear installation at Devonport:
i
flight at a height of not less than 1,450 feet above mean sea level for the purpose of making either an instrument approach to land on runway 06 or a departure from runway 24 in each case at Plymouth (Roborough) Airport, or
ii
flight for the purpose of landing at or taking off from HMS Drake Helicopter Landing Site with the permission of the Commodore of HMS Drake and in accordance with any conditions to which that permission is subject; or
iii
flight by a helicopter for the purpose of landing at or taking off from any ship within the Devonport Dockyard with the permission of the Captain of the Port and Queen’s Harbour Master for Devonport and in accordance with any conditions to which that permission is subject; or
c
in relation to the nuclear installation at Dounreay, flight for the purpose of landing at or taking off from Dounreay Aerodrome; or
d
in relation to the nuclear installation at Harwell, flight at a height of not less than 1,268 feet above mean sea level for the purpose of making an instrument approach to land on runway 36 at the Royal Air Force Station at Abingdon; or
e
in relation to the nuclear installation at Rosyth, flight within the route notified as the Kelty Lane for the purpose of making an approach to land at, or a departure from, Edinburgh (Turnhouse) Airport; or
f
in relation to the nuclear installation at Springfields:
i
flight at a height of not less than 1,670 feet above mean sea level for the purpose of landing at Blackpool Airport, or
ii
flight in airspace lying south of a straight line drawn from N5346.72 W00244.82 to N5345.20 W00250.65 for the purpose of landing at or taking off from Warton Aerodrome.
Signed by authority of the Secretary of State
R. E. Clarke
An Under Secretary in the
Department of Transport
1st July 1988