text:
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1989 and shall come into force on 1st November 1989.
2
The Wireless Telegraphy (Licence Charges) Regulations 1989 are hereby amended in the Schedule by substituting for the provisions relating to Maritime Business Radio and Private Mobile Radio (Standard) the following provisions respectively —
Maritime Business Radio For each base station: per channel designated for use by that base station — £120 for one or more but not exceeding 10 mobile stations; £250 for more than 10 but not exceeding 25 mobile stations; £400 for more than 25 but not exceeding 40 stations; for more than 40 mobile stations — £400 for the first 40 plus £200 for each successive group of 20 and £200 for any final group of less than 20 Yearly Private Mobile Radio (Standard) For national channels — £5,000 for each channel; for other channels — £120 for one or more but not exceeding 10 mobile stations; £250 for more than 10 but not exceeding 25 mobile stations; £400 for more than 25 but not exceeding 40 mobile stations; for more than 40 mobile stations — £400 for the first 40 plus £200 for each successive group of 20 and £200 for any final group of less than 20. Yearly
.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
16th October 1989
We consent to these Regulations
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of
Her Majesty’s Treasury
18th October 1989


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 3) Regulations 1989 and shall come into force on 1st January 1990.
2
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 53–
for paragraph (b) there shall be substituted the following–
b
where the final destination was to be–
i
the Republic of Ireland, the value of the goods together with tax exceeded £58,
ii
Greece, the value of the goods together with tax exceeded £210,
iii
Denmark, the value of the goods together with tax exceeded £230, or
iv
any other member state of the Community, the value of the goods together with tax exceeded £265; and
.
4
In regulation 55(1)–
for sub-paragraph (b) there shall be substituted the following–
b
where the final destination was to be–
i
the Republic of Ireland, the value of the goods together with tax exceeded £58,
ii
Greece, the value of the goods together with tax exceeded £210,
iii
Denmark, the value of the goods together with tax exceeded £230, or
iv
any other member state of the Community, the value of the goods together with tax exceeded £265; and
.
5
In the Schedule, for the forms numbered 4 and 5 there shall be substituted respectively the forms numbered 4 and 5 in the Schedule to these Regulations.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th December 1989


text:
Application, citation and commencement
1
1
This Order shall apply to land within the Cardiff Bay urban development area.
2
This Order may be cited as the Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989 and shall come into force on7th August 1989.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1971 Act ” means the Town and Country Planning Act 1971;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the Cardiff Bay urban development area” means the area of land designated as an urban development area by the Cardiff Bay Development Corporation (Area and Constitution) Order 1987 and “the Cardiff Bay Development Corporation” means the corporation established by that Order;
“development area” means the Cardiff Bay urban development area;
“development corporation” means the Cardiff Bay Development Corporation;
“the General Development Order ” means the Town and Country Planning General Development Order 1988 ; and expressions used in this Order shall have, unless the contrary intention appears, the meaning which they bear in the General Development Order;
“local planning authority” has the same meaning as in section 148 of the 1980 Act;
“new street” has the same meaning as in Part X of the Highways Act 1980 ;
“scheduled monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979 ; and
“unapproved means of access” means a means of access which is not shown in a proposal approved by the Secretary of State under section 148(1) of the 1980 Act.
Permitted development
3
1
Subject to the following provisions of this Order, development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject —
a
to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as is specified in the proposal as approved; and
b
where the development consists of or includes the erection, extension or alteration of any buildings and subject to paragraph (2) below, to the approval by the local planning authority of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading, unloading and storage of vehicles and containers, storage of materials in the open and landscaping of the site; and
c
where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street and subject to paragraph (2) below, to the approval by the local planning authority of detailed plans thereof.
2
Sub-paragraphs (b) and (c) of paragraph (1) above shall have effect only to the extent that the matters of detail mentioned therein have not already been approved by the Secretary of State under section 148(1) of the 1980 Act.
Exception where section 45 order previously made
4
Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5
Where, by virtue of an order made under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or, any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6
1
In any of the following cases, before granting any approval required by article 3(1)(b) or (c) of this Order, the local planning authority shall consult the following authorities or persons, namely: —
a
where it appears to the local planning authority that the development will involve the manufacture, processing, keeping or use of a hazardous substance in such circumstances that there will at any one time be, or is likely to be, a notifiable quantity of such substance in, on, over or under any land, the Health and Safety Executive;
b
in the case of development consisting of the formation, laying out or alteration of an unapproved means of access to a trunk road, the Secretary of State;
c
where it appears to the local planning authority that the development is likely to create or attract traffic which would result in a material increase in the volume or a material change in the character of traffic entering or leaving a trunk road, the Secretary of State;
d
where it appears to the local planning authority that the development is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway, the British Railways Board or other railway undertakers likely to be affected and the Secretary of State;
e
subject to paragraph (2) below, in the case of development involving the formation, laying out or alteration of any means of access to a highway, or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified to the local planning authority, the local highway authority;
f
in the case of development which appears to the local planning authority to be likely to result in a material increase in the volume of traffic entering or leaving a classified road or proposed road, the route of which has been adopted by resolution of the local highway authority and notified to the local planning authority, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering or leaving or using such a road, the local highway authority;
g
in the case of development consisting of the laying out or construction of a new street, the local highway authority;
h
where the development consists of or includes —
i
the carrying out of works or operations in the bed or on the banks of a river or stream;
ii
the carrying out of building or other operations or the use of land for the purpose of refining or storing mineral oils and their derivatives;
iii
the use of land for the deposit of any kind of refuse or waste;
iv
the retention, treatment or disposal of sewage, trade waste, slurry or sludge (other than the laying of sewers and the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwelling-houses or single caravans or single buildings in which not more than ten people will normally reside, work or congregate, and works ancillary thereto); or
v
the use of land as a cemetery,
the Welsh Water Authority;
i
where the development is of land in an area of special interest notified to the local planning authority by the Nature Conservancy Council in accordance with section 28 of the Wildlife and Countryside Act 1981 , the Nature Conservancy Council, except where the Council dispense with this requirement;
j
where the development is of any land on which there is a theatre, as defined in the Theatres Trust Act 1976 , the Theatres Trust;
k
where it appears to the local planning authority that the development is likely to affect the site of a scheduled monument, the Secretary of State;
l
in the case of development or a class of development specified in any direction for the time being in force under the General Development Order by which the local planning authority are required to consult with any authority or person, that authority or person.
2
Consultation shall not be required by virtue of paragraph (1)(e) above in relation to —
a
a highway for which the Secretary of State is the highway authority; and
b
a highway shown in proposals approved by the Secretary of State under section 148(1) except where those proposals require consultation.
3
Where this Order requires the local planning authority to consult any authority or other person, the local planning authority shall: —
a
give to such authority or other person not less than 14 days' notice in writing, specifying the site of, and giving particulars sufficient to describe the proposed development;
b
not grant any approval required by article 3(1)(b) or (c) of this Order until the expiration of the period of such notice; and
c
take into account any objections or other representations received from such authority or person.
4
Where any objection or representation has been made by an authority or other person consulted as aforesaid and has not been withdrawn, the local planning authority shall send particulars of the proposed development and of the objection or representation to the Secretary of State in writing, and shall not grant any approval required by article 3(1)(b) or (c) of this Order until the Secretary of State has notified the local planning authority that he does not intend to give a direction under article 7 of this Order in respect of the development.
Directions restricting development permitted by this Order
7
1
If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, the Secretary of State may direct that the permission granted by that article shall not apply to that development.
2
Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the development corporation on the local planning authority and the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.
Peter Walker
Secretary of State for Wales
5th July 1989


text:
Citation and commencement
1
1
This Order may be cited as the Bedfordshire and Hertfordshire (County Boundaries) Order 1989.
2
This Order shall come into force on 31st March 1989 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1989.
Transfer from Hertfordshire to Bedfordshire
2
The part of the county of Hertfordshire, the district of North Hertfordshire and the parish of King’s Walden which is marked B1 on the map prepared by the Department of the Environment, marked “Map of the Bedfordshire and Hertfordshire (County Boundaries) Order 1989” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976 shall be transferred to —
a
the county of Bedfordshire and the Crawley electoral division of that county;
b
the borough of Luton and the Crawley ward of that borough;
c
the Luton petty sessional division; and
d
the Bedfordshire Coroner’s district,
and shall cease to form part of any parish.
Town and country planning
3
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan made or adopted by a county or district council which apply immediately before 1st April 1989 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by authority of the Secretary of State
Virginia Bottomley
Parliamentary Under Secretary of State
Department of the Environment
28th February 1989


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1989 and shall come into force on 27th June 1989.
Application
2
This Order applies to all school teachers (as defined in the Teachers' Pay and Conditions Act 1987) in England and Wales and gives effect without any material modification to recommendations of the Advisory Committee.
School teachers' pay and conditions
3
1
It is hereby directed that the provisions relating to remuneration and other conditions of employment set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 1989” shall have effect in accordance with the following provisions of this article.
2
The said provisions relating to remuneration shall have effect for the purpose of determining the remuneration of school teachers in England and Wales–
a
as regards the rates of London Area allowances set out in paragraph 18 of the said Document, from 1st July 1988;
b
as regards the percentage and overall limits for incentive allowances set out in Annex A and Table 2 of Annex B to Appendix I, from 1st August 1989; and
c
as regards all other provisions relating to remuneration, from 1st April 1989.
3
The said provisions relating to other conditions of employment shall have effect as terms of the contract of employment of school teachers in England and Wales from 27th June 1989.
4
The Education (School Teachers' Pay and Conditions) Order 1988 is hereby revoked except in so far as it relates to the percentage and overall limits for incentive allowances set out in Annex A and Table 2 of Annex B to Appendix I to the School Teachers' Pay and Conditions Document 1988 which shall continue to have effect until 1st August 1989.
Kenneth Baker
Secretary of State for Education and Science
30th May 1989


text:
Citation and commencement
1
These Regulations may be cited as the Housing Action Trust Areas (Tenant Notification) Regulations 1989 and shall come into force on 17th August 1989.
Prescribed descriptions of tenants
2
The descriptions of tenants prescribed for the purposes of section 61(2) of the Housing Act 1988 are tenants of a local housing authority whose tenancies would be secure tenancies but for the effect of —
a
paragraphs 1 (long leases), 9 (licensed premises) or 11 (1954 Act tenancies) of Schedule 1 to the Housing Act 1985 ; or
b
in the case of a tenant who is an employee of the local housing authority, paragraph 2(1) (premises occupied in connection with employment) of that Schedule.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
24th July 1989


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1989, shall come into force on 6th February 1989 and shall cease to have effect on 1st March 1989.
2
In this Order–
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea or the area known as CECAF Division 34.1.1 ( EC Zone) described in Schedule 1 hereto;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned.
Prohibition
2
Fishing for cod ( Gadus morhua )–
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
4
The Orders specified in Schedule 2 to this Order are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 31st January 1989.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
31st January 1989
Wyn Roberts
Minister of State, Welsh Office
1st February 1989
Tom King
Secretary of State for Northern Ireland
2nd February 1989


text:
1
These Regulations may be cited as the Housing (Preservation of Right to Buy) (Amendment) Regulations 1989 and shall come into force on 5th April 1989.
2
Section 131 of the Housing Act 1985 (limits on amount of discount) as it applies in the circumstances described in section 171A(1) of that Act (cases in which right to buy is preserved) by virtue of the Housing (Preservation of Right to Buy) Regulations 1989 is amended by the substitution, in paragraph (c), of the sum of £50,000 for the sum of £35,000, and accordingly a similar substitution is made in paragraph 13 of Part I of Schedule 1 and in Schedule 2 to those Regulations.
Nicholas Ridley
Secretary of State for the Environment
15th March 1989
Peter Walker
Secretary of State for Wales
16th March 1989


text:
Citation and commencement.
1
This Order may be cited as the Antarctic Treaty (Amendment) Order 1989 and shall come into force on 1st July 1989.
Amendment of principal Order.
2
1
The Antarctic Treaty Order in Council 1962 (in this section referred to as “the principal Order”) shall have effect as if references therein to a court included references to a court established under section 15 of the British Antarctic Territory Order 1989 .
2
Section 2(1) of the principal Order is amended by substituting for the definition of “the High Commissioner” the following —
“the Commissioner” means the person holding the office of Commissioner for the Territory under section 4 of the British Antarctic Territory Order 1989 and includes any person for the time being discharging the functions of that office under section 7 of that Order and, to the extent that a person is for the time being authorised to discharge any of those functions under section 8 of that Order, that person;
.
3
Sections 4 and 6 of the principal Order are amended by substituting for the words “High Commissioner”, wherever they appear, the word “Commissioner”.
4
Section 4 of the principal Order is amended by substituting for subsection (3)(b) the following —
b
for the conveyance in custody of any person so arrested to a convenient place in the Territory or, where any court of the Territory having jurisdiction to enquire into a charge in respect of the offence which such person is suspected of having committed may exercise such jurisdiction when sitting in the United Kingdom or any other colony by virtue of the proviso to section 15(2) of the British Antarctic Territory Order 1989, to a convenient place in the United Kingdom or, as the case may be, in such other colony, for the purpose of being charged with that offence;
.
5
Section 5(2) of the principal Order is amended by substituting for the words “fifty pounds” the words “four hundred pounds”.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Commencement No. 4) Order 1989.
2
Section 304(4) and (6) of the Copyright, Designs and Patents Act 1988 (“the 1988 Act ”) shall come into force on 28th July 1989.
3
In article 2 of the Copyright, Designs and Patents Act 1988 (Commencement No. 1) Order 1989 there shall be added to the list of the provisions of Part VII of the 1988 Act which do not come into force on 1st August 1989 a reference to section 304(4) and (6).
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
27th July 1989


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the National Health Service Act 1977;
“capital limit” means the amount prescribed for the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support;
“child” means a person who is under the age of 16 years;
“complex appliance” means an optical appliance at least one lens of which–
has a power in any one meridian of plus or minus 10 or more dioptres, or
is a lenticular lens;
“eligible person” is to be construed–
for the purposes of Part III, in accordance with regulation 3(2);
for the purposes of Parts IV and V, in accordance with regulation 8(2) to (5);
“face value” means, in relation to a voucher on which is marked a letter code specified in column 2 of Schedule 1, the amount specified in relation to it in column 3 of that Schedule, plus the amount of any increase provided for by paragraph 1 of Schedule 2;
“family credit” means family credit under Part II of the Social Security Act 1986;
“income support” means income support under Part II of the Social Security Act 1986 and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987 ;
“minimum complex appliance payment” means, in relation to an optical appliance, the amount specified as such for the appliance in paragraph 2 of Schedule 2;
“ NHS sight test fee” means, in relation to a testing of sight carried out either by an ophthalmic medical practitioner or by an optician, the fee payable, in accordance with the Statement published under regulation 10 of the Ophthalmic Services Regulations , to an optician in respect of a testing of sight;
“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;
“opthalmic list” means a list, prepared and published pursuant to regulations made under section 39(a) of the Act of medical practitioners and opticians who undertake to provide general ophthalmic services ;
“Ophthalmic Services Regulations” means the National Health Service (General Opthalmic Services) Regulations 1986 ;
“optician” means an ophthalmic optician;
“patient” means a person whose sight has been tested whether under the Act or otherwise;
“patient’s contribution” means the amount specified under regulation 7(5) of the Remission Regulations as that for which there is no entitlement under those Regulations to remission of charges;
“redemption value” is to be construed–
for the purposes of Part III, in accordance with regulation 7;
for the purposes of Part IV, in accordance with reguation 15;
for the purposes of Part V, in accordance with regulation 20;
“the Remission Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 and a reference to those Regulations is to be construed as a reference to them as they have effect on the making of these Regulations and as amended subsequently;
“replacement” does not include the replacement of an optical appliance rendered unserviceable by fair wear and tear;
“responsible authority” means–
in relation to a voucher completed pursuant to regulation 4, the Family Practitioner Committee for the locality in which the testing of sight to which it relates takes place;
in relation to a voucher issued pursuant to regulation 9 or regulation 10 or completed pursuant to regulation 17 otherwise than by a health authority, the Family Practitioner Committee for the locality in which the supply, replacement or repair of the optical appliance to which it relates takes or is to take place;
in relation to a voucher issued pursuant to regulation 11 or completed pursuant to regulation 17 by a health authority, the health authority which issues or completes it;
“small glasses” means glasses the lens apertures of which have datum centres not more than 56 millimetres apart; and for this purpose “datum centre” is to be construed in accordance with Part I of British Standard 3521: 1962 (Glossary of Terms relating to Ophthalmic Lenses and Spectacle Frames) published by the British Standard Institution as effective immediately before 8th March 1989;
“supplier” includes a person replacing or repairing an optical appliance;
“supply” includes the replacement of an optical appliance rendered unserviceable by fair wear and tear;
“voucher” means–
in Part III, a voucher form supplied to those whose names are included in an ophthalmic list by the Secretary of State;
in Part IV, a voucher form supplied–
where a testing of sight is carried out otherwise than by a health authority by the Secretary of State to the person who carries it out or to the Family Practitioner Committee;
where a testing of sight is carried out by a health authority, by the health authority;
in Part V, a voucher form supplied to a supplier, by the Secretary of State;
for the purposes of enabling a payment to be made under these Regulations.
3
For the purposes of Schedule 1–
a
where an optical appliance has lenses described in different paragraphs in column 1 of Schedule 1, the face value of a voucher for the appliance shall be determined according to whichever lens would provide the greater face value; and
b
where an optical appliance has a bifocal lens, the power of the lens shall be determined according to the power of that segment of the lens designed to correct a defect in distant sight; and
c
a monocle shall be treated as though it were glasses.
4
In these Regulations, unless the context otherwise requires, a reference–
a
to a numbered regulation, Part or Schedule is to the regulation in, Part of, or Schedule to, these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in Schedule 1 to a numbered paragraph is to the paragraph in column 1 in that Schedule bearing that number.
PART II
CHARGES
Charges for glasses and contact lenses
2
1
A charge of such sum as may be determined by or in accordance with directions given by the Secretary of State shall be made and recovered in accordance with paragraph (2) in respect of the supply of glasses and contact lenses under the Act.
2
Where a charge is payble by virtue of paragraph (1), the health authority, or other person on its behalf, that supplies or is to supply the glasses or contact lenses may–
a
on arranging to supply the glasses or contact lenses, make the charge; and
b
on supplying the glasses or contact lenses or having them available for supply, recover the charge from the patient (if it has not previously been paid).
PART III
PAYMENTS TOWARDS COST OF SIGHT TESTS
Eligibility — sight tests
3
1
A payment shall be made as provided for by this Part of these Regulations to contribute to the cost of a testing of sight which the responsible authority accepts as having been incurred by an eligible person.
2
An eligible person is a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, exceed his requirements as so calculated, but whose patient’s contribution does not exceed the NHS sight test fee and whose capital resources as so calculated do not exceed the capital limit.
Completion and use of voucher — sight tests
4
1
A person who wishes a payment to be made by virtue of this regulation in his case shall–
a
apply to the Secretary of State for a notice of entitlement;
b
apply for his sight to be tested by an ophthalmic medical practitioner or optician whose name is included in an ophtalmic list;
c
indicate to that practitioner or optician that he is an eligible person at the time of the application;
d
show to him a current notice of entitlement and permit him to copy such details as may be required for the purposes of regulation 5(2)(b)(ii).
2
The ophthalmic medical practitioner or optician may then duly complete the relevant parts of the voucher with the name and address of the patient and the date of the testing of sight.
3
The person whose sight is or is to be tested shall sign on the voucher a declaration in writing to the effect that he is an eligible person.
4
The ophthalmic medical practitioner or optician may use the voucher as being in substitution for payment by the patient of an amount equal to its redemption value, being part of the cost incurred for the testing of sight.
Payments to sight testers
5
1
The responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of the voucher’s redemption value to an ophthalmic medical practitioner or optician who has used a voucher in accordance with regulation 4(4).
2
The conditions specified in paragraph (1) are that–
a
the patient has signed the declaration referred to in regulation 4(3);
b
the ophthalmic medical practitioner or optician has–
i
made a claim for a payment on a duly completed voucher to the responsible authority within the period of three months beginning with the date of the testing of sight, and
ii
informed the responsible authority of the amount of the patient’s contribution.
Payments to patients in respect of sight tests
6
1
A payment may be made under this regulation by the responsible authority to an eligble person who incurs the cost of a testing of sight by an ophthalmic medical practitioner or optician whose name is included in an ophthalmic list, without a voucher being completed in accordance with regulation 4.
2
A patient who wishes to receive a payment under this regulation shall–
a
if he did not apply to the Secretary of State for a notice of entitlement before the date on which his sight was tested, apply to him for such a notice within the period of 14 days beginning with that date;
b
apply to the responsible authority for a payment within the period of three months beginning with that date; and
c
produce to the responsible authority within that period–
i
a notice of entitlement effective for a period including the date on which his sight was tested or for a period beginning no later than 14 days after that date, and
ii
the receipt for any fee paid for the testing of sight.
3
On an application made in accordance with paragraph (2), the responsible authority shall, if satisfied as to the cost incurred for the testing of sight, make a payment to the patient of an amount equal to the redemption value of the voucher which could have been completed under regulation 4 if the patient had satisified the requirements of regulation 4(1).
Redemption value of voucher for sight test
7
For the purposes of this Part of these Regulations the redemption value of a voucher is the amount, if any, by which the patient’s contribution falls short of the lesser of–
a
the NHS sight test fee; or
b
the full cost which would have been incurred by the patient for the sight test but for these Regulations.
PART IV
PAYMENTS FOR COST OF SUPPLY OF OPTICAL APPLIANCES
Eligibility — supply of optical appliances
8
1
A payment shall be made as provided for by this Part of these Regulations to meet, or to contribute towards, the cost incurred (whether by way of charge under the Act or otherwise) for the supply of an optical appliance for which a prescription has been given in consequence of a testing of sight of an eligible person–
a
which took place under the Act; or
b
which took place otherwise than under the Act and within the locality in which the person whose sight was tested normally resides or within a reasonable travelling distance of his home.
2
An eligible person is a person who at the time of the supply of the optical appliance is any of the following:–
a
a child;
b
a person under the age of 19 years and receiving qualifying full-time education within the meaning of paragraph 7 of Schedule 12 to the Act ;
c
a person whose resources are treated, in accordance with paragraph (3), as being less than his requirements;
d
a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are equal to or exceed his requirements as so calculated but whose patient’s contribution is nil or is less than the face value of a voucher issued to him under this Part of these Regulations and whose capital resources do not exceed the capital limit;
e
a person for whom a prescription is issued for a complex appliance.
3
A person’s resources shall be treated as being less than his requirements if–
a
he is in receipt of income support;
b
he is a member of the same family as a person who is in receipt of income support;
c
he is in receipt of family credit;
d
he is a member of the same family as a person who is in receipt of family credit;
e
his income resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are less than his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit; or
f
he is a member of the same family as a person described in paragraph (e) of this paragraph.
4
In paragraph (3)(b) and (f) “family” has the meaning assigned to it by section 20(11) of the Social Security Act 1986 as it applies to income support and in paragraph (2)(d) it has the meaning assigned to it by virtue of section 20(11) of that Act as it applies to family credit .
5
For the purposes of regulation 11 and other provisions of this Part of these Regulations as they apply to payments where the testing of sight was by a health authority, a person is also an eligible person if, because of the frequency with which the condition of his eyes changes, he is considered by the health authority to be non-tolerant of his existing optical appliance.
Issue of vouchers by ophthalmic medical practitioners or opticians
9
1
A person making an application for a testing of sight pursuant to regulation 13 of the Ophthalmic Services Regulations who considers that he may be an eligible person and wishes a payment to be made under these Regulations in his case shall indicate to the ophthalmic medical practitioner or optician to whom the application is made that he may be an eligible person.
2
An ophthalmic medical practitioner or optician who, following a testing of sight under the Ophthalmic Services Regulations, issues a prescription for an optical appliance to a patient–
a
who has indicated that he may be an eligible person; or
b
who (whether or not he has so indicated) is issued with a prescription for a complex appliance,
shall, in the circumstances described in paragraph (4) but subject to paragraph (5), issue to the patient a voucher relating to the optical appliance prescribed on the same occasion as he issues the prescription in accordance with paragraph 10(1) of Schedule 1 of the Ophthalmic Services Regulations.
3
The ophthalmic medical practitioner or optician issuing the voucher shall sign it and shall–
a
mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule;
b
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s age if under 19, particulars of the prescription issued to the patient, the date on which the patient’s sight was tested and the date of issue of the voucher.
4
The circumstances referred to in paragraph (2) are where the ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and made such enquiry of the patient as he considers relevant, is satisfied that–
a
the patient requires an optical appliance for the first time or an optical appliance to a prescription the particulars of which differ from those relating to his existing appliance; or
b
the patient requires an optical appliance because his existing optical appliance has been rendered unserviceable by fair wear and tear.
5
Where a patient requires an optical appliance to a prescription the particulars of which differ from those relating to his existing appliance only because the patient is non-tolerant of that appliance, and has been so since it was supplied to him, no voucher shall be issued unless the Family Practioner Committee responsible for the arrangements for the sight test, being satisfied that the prescription for that existing appliance was clinically correct, has authorised the issue of a voucher.
6
Unless regulation 10(4) applies, not more than one voucher shall be issued to a patient in respect of any one optical appliance prescribed.
7
A person making an application to an ophthalmic medical practitioner or optician for a testing of sight otherwise than under general ophthalmic services who considers that he may be an eligible person by virtue of regulation 8(2)(d) and wishes a payment to be made under these Regulations in his case shall indicate to the ophthalmic medical practitioner or optician to whom the application is made that he may be an eligible person; and that practitioner or optician may, if he issues a prescription for an optical appliance, issue a voucher relating to it in accordance with paragraphs (2) to (6) as though the testing of sight were carried out and the prescription were issued under general ophthalmic services.
Issue of vouchers by Family Practitioner Committees
10
1
Subject to paragraph (2), a patient whose sight has been tested by an ophthalmic medical practitioner or optician otherwise than under the Act who considers that he may be an eligible person by virtue of regulation 8(2)(d) and wishes a payment to be made under these Regulations in his case may, if he was not issued with a voucher under regulation 9(7), apply in writing for a voucher to the Family Practitioner Committee for the locality in which his sight was tested.
2
An application made under paragraph (1) shall–
a
state that the patient may be an eligible person by virtue of regulation 8(2)(d);
b
be accompanied by the prescription issued to the patient or a copy of it; and
c
be made within the period of one month beginning with the date of the testing of sight but before the patient arranges for the supply of his optical appliance.
3
On an application made in accordance with paragraph (2) the responsible authority shall issue a voucher relating to the optical appliance prescribed and shall–
a
mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule;
b
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s age if under 19, particulars of the prescription issued to the patient, the date on which the patient’s sight was tested and the date of issue of the voucher; and
c
return to the patient any prescription that he may have submitted.
4
Where, on an application by a patient within 6 months of a voucher having been issued to him under regulation 9(2) or (7), a Family Practitioner Commmittee is satisfied, having made such enquiries as it considers relevant, that the voucher has been lost or destroyed without having been presented to a supplier of optical appliances, it may issue to the patient a replacement voucher completed in accordance with paragraph (3)(a) and (b), but with the date of issue of the voucher being that on which the replacement is issued.
Issue of vouchers by health authorities
11
1
A person whose sight is tested by a health authority who considers that he may be an eligible person and wishes a payment to be made under these Regulations in his case shall indicate to that health authority that he may be an eligible person.
2
A health authority which, following a testing of sight, issues a prescription for an optical appliance to a patient–
a
who has indicated that he may be an eligible person;
b
who (whether or not he has so indicated) is issued with a prescription for a complex appliance; or
c
who is an eligible person by virtue of regulation 8(5),
shall issue to the patient a voucher relating to the optical appliance prescribed.
3
The health authority issuing the voucher shall–
a
mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule;
b
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s age if under 19, particulars of the prescription issued to the patient, the date on which the patient’s sight was tested and the date of issue of the voucher.
Use of vouchers for supply of optical appliances
12
1
Subject to paragraphs (4) and (5), a patient to whom a voucher, duly completed in accordance with regulation 9, 10 or 11, has been issued may present it to a supplier who supplies or is to supply him with an optical appliance, provided that the arrangements for supply are made within 6 months of the date on which the voucher was issued.
2
A supplier may accept the voucher in substitution for payment by the patient of an amount equal to its redemption value, being the whole or part of the cost incurred for the supply of an optical appliance.
3
A voucher relating to glasses may be accepted in connection with the supply of contact lenses.
4
Before presenting the voucher to the supplier the patient shall sign on the voucher–
a
a declaration in writing to the effect that he is an eligible person, indicating the grounds of his eligibility;
b
an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.
5
A patient who is an eligible person only by virtue of regulation 8(2)(d) or by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall–
a
before presenting the voucher to the supplier, apply to the Secretary of State for a notice of entitlement; and
b
on the same occasion as he presents the supplier with a voucher in accordance with paragraph (1), show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 13(2)(c)(iii).
Payments to suppliers
13
1
Except where it was the supplier, the responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of a voucher’s redemption value to a supplier who has accepted the voucher from a patient in accordance with regulation 12.
2
The conditions referred to in paragraph (1) are that–
a
the patient has signed the declaration and undertaking referred to in regulation 12(4) and acknowledged receipt on the voucher of the optical appliance supplied to him;
b
the optical appliance is not sold or supplied in contravention of section 21(1) of the Opticians Act 1958 ;
c
the supplier has–
i
made and kept a written record of the supply and issued to the patient a receipt for any money received from the patient,
ii
made a claim for a payment on a duly completed voucher to the responsible authority, within the period of 3 months beginning with the date of supply of the optical appliance,
iii
where the patient has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any, and
iv
where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of Schedule 2, certified that the glasses supplied were small glasses.
Payments to patients in health authority cases
14
1
A payment may be made under this regulation to a patient who–
a
has been issued by a health authority with a voucher only because he may be an eligible person by virtue of regulation 8(2)(d), or by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f), as being less than his requirements; and
b
incurs cost for the supply of an optical appliance without first having obtained a notice of entitlement and without presenting his voucher to a supplier.
2
A patient who wishes a payment to made to him under this regulation shall–
a
apply to the Secretary of State for a notice of entitlement;
b
sign the declaration and undertaking referred to in regulation 12(4);
c
within the period of three months beginning with the date on which he was supplied with the optical appliance, apply to the responsible authority for a payment and provide that authority with–
i
the voucher issued to him,
ii
a statement of the amount of his patient’s contribution, if any, and
iii
evidence of the cost incurred for the supply of the optical appliance.
3
On an application made in accordance with paragraph (2), the responsible authority shall, if satisfied–
a
that the patient was issued with a notice of entitlement;
b
as to the amount of the patient’s contribution; and
c
as to the cost incurred for the supply of the optical appliance,
make a payment to the patient of the voucher’s redemption value.
Redemption value of voucher for supply of optical appliances
15
1
Where an optical appliance was supplied otherwise than under the Act the redemption value of a voucher is, subject to paragraphs (3) to (5), the lesser of–
a
the full cost which would have been payable by the patient for the supply but for these Regulations;
b
the face value of the voucher.
2
Where an optical appliance was supplied under the Act, the redemption value of a voucher is, subject to paragraphs (3) to (5), the lesser of–
a
the amount of the charge under section 78(1) of the Act which would have been payable by the patient for the supply but for these Regulations;
b
the face value of the voucher.
3
In relation to payments to be made because of a person’s eligibility by virtue of regulation 8(2)(d), the amounts taken for the purposes of paragraph (1)(a) and (b) or paragraph (2)(a) and (b) shall, subject to paragraph (4), be reduced–
a
where no voucher was completed in accordance with Part III in respect of the testing of the patient’s sight, by the amount of the patient’s contribution;
b
where such a voucher was completed and for the purposes of regulation 7 the patient’s contribution exceeded the lesser of the amounts specified in regulation 7(a) and (b), by the amount of the excess.
4
If a reduction made under paragraph (3) in the case of a patient for whom a prescription was issued for a complex appliance would render the redemption value of the voucher less than the minimum complex appliance payment, that value shall be the minimum complex appliance payment.
5
Where the patient was an eligible person only because a prescription was issued for him for a complex appliance, the redemption value of a voucher shall be the minimum complex appliance payment, except that where–
a
the appliance was supplied under the Act; and
b
in accordance with directions given pursuant to regulation 2(1), the amount of a charge made for the supply under section 78(1) of the Act would, but for any maximum charge specified in the directions, have exceeded by any amount the charge actually made,
the redemption value shall be reduced by the amount of the excess.
PART V
PAYMENTS FOR COST OF REPLACEMENT OR REPAIR OF OPTICAL APPLIANCES
Eligibility – replacement or repair
16
1
A payment shall be made as provided for by this Part of these Regulations to meet, or contribute towards, any cost accepted by the responsible authority as having been incurred (whether by way of charge under the Act or otherwise) for the replacement or repair of an optical appliance for which a prescription is given in consequence of a testing of sight of–
a
a child, where the appliance needs replacement or repair in consequence of loss or damage;
b
a person of any description specified in regulation 8(2)(c), (d) or (e) suffering from illness, where the appliance needs replacement or repair in consequence of its loss or damage and the responsible authority is satisfied, after making such enquiries as it considers relevant, that the loss or damage would not have occurred but for that illness.
2
No payment shall be made by virtue of paragraph (1)(a) or (b) unless the responsible authority is satisfied, after making such enquiries as it considers relevant, that the full cost of replacement or repair cannot be met under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer.
Completion of vouchers
17
1
A patient who considers that a payment may be made under this Part of these Regulations in his case in respect of the replacement or repair of his optical appliance may indicate to the supplier that he wishes such a payment may be made.
2
In the case of a replacement, the supplier may–
a
mark on a voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule;
b
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s age if under 16 and the date of issue of the voucher.
3
In the case of a repair, the supplier may–
a
mark on a voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be repaired as set out in column 1 of that Schedule;
b
indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises–
i
the replacement or repair of one or more lenses included in the appliance, and, if so of how many,
ii
the repair of a frame and, if so, whether it is of the whole frame, the front of a frame or one or both sides of a frame;
c
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s age if under 16 and the date of issue of the voucher.
4
The patient shall sign on the voucher–
a
a declaration in writing to the effect that he is an eligible person, indicating the grounds of his eligibility;
b
a declaration in writing to the effect that the optical appliance cannot be replaced or repaired free of charge under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer; and
c
an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.
5
A patient who is an eligible person only by virtue of regulation 8(2)(d) or only by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 19(2)(b)(iv).
6
In a case to which regulation 16(1)(b) applies, a supplier intending to use the voucher under regulation 18 shall first submit it to the responsible authority so that it may be satisfied as to the circumstances in which the loss or damage occurred and give its approval to the use of the voucher.
Use of vouchers for replacement or repair
18
The supplier may use the voucher as being in substitution for payment by the patient of an amount equal to its redemption value, being the whole or part of the cost incurred for the replacement or repair.
Payments to suppliers for replacement or repair
19
1
Except where it was the supplier, the responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of a voucher’s redemption value to a supplier who has used a voucher in accordance with regulation 18.
2
The conditions referred to in paragraph (1) are that–
a
the patient has signed the declarations and undertaking referred to in regulation 17(4) and acknowledged on the voucher that the optical appliance has been replaced or repaired; and
b
the supplier has–
i
made and kept a written record of the replacement or repair and issued to the patient a receipt for any money received from the patient;
ii
obtained any prior approval required by regulation 17(6);
iii
made a claim for payment on a duly completed voucher to the responsible authority within the period of 3 months beginning with the date of the replacement or repair of the optical appliance; and
iv
where the person has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any.
Redemption value of voucher for replacement or repair
20
1
Subject to paragraph (4), the redemption value of a voucher shall, in the case of a replacement, be the lesser of–
a
the full cost which would have been payable by the patient for the replacement but for these Regulations;
b
the face value of the voucher or, in the case of the replacement of one only of a pair of contact lenses, £26.50.
2
Subject to paragraph (4), the redemption value of a voucher shall, in the case of the repair of an appliance be the lesser of–
a
the full cost which would have been payable by the patient for the repair but for these Regulations;
b
the amount specified in column 2 of Schedule 3 which relates to the type of optical appliance repaired (identified in that column by reference to the relevant letter code as specified in Schedule 1) and to the nature of the repair specified in column 1 of Schedule 3, together with any increase provided for by Schedule 2.
3
Where more than one repair is made to an appliance the amount taken for the purposes of paragraph (2)(b) as being specified in Schedule 3 shall be the aggregate of the relevant amounts ascertained in accordance with Schedule 3, except that the element of the value of a voucher which relates to the repair of a frame shall not exceed £7.40.
4
In the case of a person who was eligible for a payment to be made in his case only by virtue of regulation 8(2)(d), the amounts taken for the purpose of paragraphs (1)(a) and (b) and (2)(a) and (b) shall be reduced by the patient’s contribution.
PART VI
MISCELLANEOUS
Amounts wrongly paid
21
1
Where a person who is not an eligible person declares on a voucher that he is an eligible person and in consequence the responsible authority makes a payment under these Regulations, the person who makes the declaration shall repay the amount of that payment to the responsible authority.
2
Where a supplier makes a claim for payment to the responsible authority, representing that the conditions specified in regulation 5(2), 13(2) or 19(2) are fulfilled, but those conditions are not fulfilled and the authority makes a payment to the supplier under these Regulations, it may recover the amount of that payment from the supplier.
Signatures
22
1
A signature required by these regulations may be given–
a
on behalf of a child by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;
b
on behalf of any other person who is incapable of giving the signature, by a relative or any other adult who has the care of that person; or
c
on behalf of any person under 18 years of age–
i
in the care of any authority to whose care he has been committed under the provisions of the Children and Young Persons Act 1969 or which has received him into care under the Child Care Act 1980 , by a person duly authorised by that authority;
ii
in the care of a voluntary organisation, by that organisation or a person duly authorised by them.
Revocations
23
The Regulations specified in column (1) of Schedule 3 are revoked.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
8th March 1989.


text:
Citation, commencement and revocation
1
This Order may be cited as the Merchant Shipping (Ministry of Defence Ships) Order 1989 and shall come into force on 30th November 1989.
2
The 1911 Order and article 3(1) of the Merchant Shipping (Registration of Government Ships) Order 1978 are hereby revoked.
Interpretation
3
In this Order–
“Ministry of Defence ship” means a Government ship in the service of the Ministry of Defence;
“the 1911 Order” means an Order in Council made on 22nd March 1911 making regulations as to registration as British ships of vessels in the service of the Ministry of Defence;
“the 1894 Act ” means the Merchant Shipping Act 1894;
“ Secretary of State ” means the Secretary of State for Defence.
Regulations for Registry
4
An application for registry of a Ministry of Defence ship shall be made in writing under the hand of an Under Secretary of State of the Ministry of Defence to a registrar of British ships. Such application shall contain the following particulars–
a
a statement of the name and description of the ship;
b
a statement of the time when and the place where the ship was built; or, if the ship was foreign built and the time and place of building are unknown, a statement to that effect and of her foreign name;
c
a statement of the nature of the title to the said ship, whether by original construction by or for the Ministry of Defence, or by purchase, capture, condemnation, or otherwise, and a list of the documents of title, if any, in case she was not originally constructed by or for the Ministry of Defence.
5
The registrar, on receiving such an application, shall enter in the register the following particulars–
a
a record of the ship as belonging to the Secretary of State;
b
the name of the port to which the ship belongs;
c
the particulars stated in the application for registry;
d
the details comprised in the surveyor’s certificate.
6
On the registry of a Ministry of Defence ship the registrar shall retain in his possession the surveyor’s certificate and the application for registry and any documents of title mentioned in such application.
7
The Secretary of State shall be deemed to be the managing owner of a Ministry of Defence ship within the meaning of section 59 of the 1894 Act and shall be registered as provided by subsection (1) of that section.
Exceptions and modifications to the Merchant Shipping Acts
8
The powers conferred by sections 530 to 534 of the 1894 Act (removal of wrecks) shall not be exercised in the case of Ministry of Defence ships without the consent of the Secretary of State except in regard to lights, buoys, and other matters or things necessary for the immediate protection of traffic.
9
Nothing in this Order shall be construed as excluding Ministry of Defence ships from the category of ships belonging to Her Majesty within the meaning of sections 557 to 564 of the 1894 Act (salvage by Her Majesty’s ships).
10
Where any provision of the Merchant Shipping Acts 1894 to 1988 which, by virtue of the Merchant Shipping Act 1906 and this Order, is applicable to Ministry of Defence ships, imposes any duty or liability or confers any right or power upon or contemplates any act being performed by the owner of a ship, such duty, liability, right or power, shall, subject always to the other provisions of this Order, be carried out, borne or exercised by the Secretary of State.
11
Nothing contained in the Merchant Shipping Acts 1894 to 1988 providing that an owner of a ship shall be guilty of an offence or shall be subject to any penalty, or providing for the forfeiture, detention, distress or poinding and sale of a ship or of anything on or belonging to a ship, shall, so far as it provides, have any application to a Ministry of Defence ship or anything on or belonging to such a ship.
12
Notwithstanding anything contained in the Merchant Shipping Acts 1894 to 1988 and this Order the master of, or any seaman employed on, a Ministry of Defence ship shall not be liable for any penalty, debt or damages under any provision of the Merchant Shipping Acts 1894 to 1988 in respect of anything done or omitted in pursuance of an order of the Secretary of State or of any member of Her Majesty’s forces.
13
Nothing in the Merchant Shipping Acts 1894 to 1988 or this Order shall render the master or any other persons in charge of or on board a Ministry of Defence ship liable for displaying, or not displaying, any signal authorised by any regulations of the Secretary of State.
14
The provisions of the Merchant Shipping Acts 1894 to 1988, other than those specified in the Schedule to this Order, shall not apply to a Ministry of Defence ship registered in pursuance of the provisions of this Order.
15
A Ministry of Defence ship registered in pursuance of the provisions of the 1911 Order shall be deemed to be registered pursuant to the provisions of this Order and accordingly article 14 shall apply to such ship.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Local Government (Allowances) (Amendment) Regulations 1989 and shall come into force on 15th May 1989.
2
In these Regulations “the principal Regulations ” means the Local Government (Allowances) Regulations 1986 .
3
1
For regulations 3 and 4 of the principal Regulations there shall be substituted:–
3
1
The prescribed amount of attendance allowance shall be £19.50 for any period of 24 hours beginning at 3 am.
2
The prescribed amount of finanical loss allowance shall be:
a
£16.15 for any period not exceeding 4 hours;
b
£32.35 for any period exceeding 4 hours but not exceeding 24 hours;
c
for a period exceeding 24 hours, £32.35 for each period of 24 hours plus the amount specified above which is appropriate to the remainder of the period.
4
1
The rate which a special responsibility allowance shall not exceed in any financial year beginning with the financial year ending on 31st March 1990 is:–
a
in the case of a principal council belonging to the description of councils in paragraph 8(e) of Schedule 1 hereto, £560; and
b
in any other case, one third of the total amount which that principal council may pay in that year by way of such allowances or £5,580, whichever is the less.
2
The total amount payable by a principal council by way of special responsibility allowances in any financial year beginning with the financial year ending on 31st March 1990 shall not exceed the figure specified in Schedule 1 to these Regulations in respect of that council or the description of councils to which it belongs.
.
2
For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.
Nicholas Ridley
Secretary of State for the Environment
14th April 1989
Peter Walker
Secretary of State for Wales
14th April 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations “the General Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of regulation 3 of the General Regulations
2
For paragraph (2) of regulation 3 of the General Regulations (interpretation) there shall be substituted the following paragraph –
2
For the purposes of these Regulations, persons are to be treated as not being members of the same household in the circumstances set out in regulation 16(2) and (3) of the Income Support (General) Regulations 1987 .
.
Amendment of regulation 7 of the General Regulations
3
In regulation 7 of the General Regulations (entitlement to payments for funeral expenses)
a
in paragraph (1)(a) for the words “either income support, family credit or housing benefit” there shall be substituted the words “income support, family credit, housing benefit or community charge benefits ”;
b
after paragraph (2) there shall be inserted the following paragraph–
3
In this regulation, any reference to housing benefit includes a reference, in Scotland, to housing benefit in the form of a community charge rebate .
.
Amendment of regulation 9 of the General Regulations
4
In regulation 9 of the General Regulations (effect of capital)–
a
for paragraph (2) there shall be substituted the following paragraph –
2
For the purposes of paragraph (1) –
a
any capital possessed by any person whose capital is, for the purposes of entitlement to income support, treated as that of the claimant by virtue of section 22(5) of the Social Security Act 1986 or the provisions of regulation 23(3) of the Income Support (General) Regulations 1987 (calculation of income and capital) shall be treated as that of the claimant; and
b
subject to paragraph (3), the claimant’s capital shall be calculated in the same manner as his capital is calculated under the Income Support (General) Regulations 1987 for the purposes of determining his entitlement to income support.
;
b
after paragraph (2) there shall be inserted the following paragraph –
3
For the purposes of paragraph (1) –
a
any sum acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used to meet the funeral expenses in respect of which the claim is made shall be disregarded;
b
in the case of a claim for a maternity payment or a funeral payment which is made within 12 months of the death of the husband of the claimant, any lump sum payable to that claimant as a widow by virtue of section 24 of the Social Security Act 1975 shall be disregarded;
c
the amount of any payment out of capital, other than capital disregarded under sub-paragraphs (a) and (b) above or under regulation 47 of, and Schedule 10 to, the Income Support (General) Regulations 1987 (capital disregards), which has already been made towards the funeral expenses (whether or not the expenses are within the scope of regulation 7(2)) shall be added back to that capital as if the payment had not been made.
.
Revocation of regulation 10 of the General Regulations
5
Regulation 10 of the General Regulations (assessment of capital) shall be revoked.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,Department of Social Security
8th March 1989


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 6) Order 1989.
2
The following provisions of the Criminal Justice Act 1988 shall come into force on 23rd January 1989:-
a
section 103 (amendments of the Drug Trafficking Offences Act 1986 and Criminal Justice (Scotland) Act 1987 to the extent necessary to bring into force the provisions of Schedule 5 (drug trafficking amendments) specified in paragraphs (b) and (c) below; and
b
paragraphs 2, 3(1), 4 to 11 and 16 & 17 of Schedule 5 (which amend the said Act of 1986 so as to make certain provisions of that Act correspond to provisions of Part VI of the Criminal Justice Act 1988);
c
Part II of that Schedule (amendments of the Criminal Justice (Scotland) Act 1987);
d
section 170(2) (repeals) to the extent necessary to bring into force the provisions of Schedule 16 specified in the following paragraph; and
e
in Schedule 16, the repeals of the following provisions of the Drug Trafficking Offences Act 1986: section 10(1), section 15(5)(b) and (c), in section 17(1), the words from “but” to the end, and in section 38(11), the words “in England and Wales”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
16th January 1989


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) (No. 2) Regulations 1989.
2
These Regulations come into force on 1st October 1989.
Amendments to the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984
2
1
The Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 are amended as described in paragraphs (2) and (3) of this regulation.
2
Regulation 11(3) (which deals with commutation of benefit) is amended by changing “widow” to “widow, widower” in both places where that word is used.
3
Regulation 24 is replaced with the following-
Widows, widowers and dependants
24
This regulation applies to schemes that provide long service benefit payable to a person other than the member only if the person is married to, or dependent on, the member when the member reaches normal pension age. These schemes are required to provide short service benefit payable to the person concerned only if the person was also married to, or dependent on, the member when the member’s pensionable service terminated.
.
Amendments to the Occupational Pension Schemes (Disclosure of Information) Regulations 1986
3
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1986 are amended as described in paragraphs (2) to (4) of this regulation.
2
Regulation 1(2) is amended by adding the following definition immediately after the definition of “self-investment” —
“simplified defined contribution scheme” means a scheme approved by the Commissioners of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988 by reference to limits on —
the aggregate amount of the contributions which can be paid by a member and his employer,
the maximum lump sum which may be provided under the scheme, and
the benefits payable on death which may be provided under the scheme.
.
3
Schedule 1 (basic information about the scheme) is amended by inserting the following paragraph immediately after paragraph 7 —
7A
Except in the case of a simplified defined contribution scheme, normal pension age under the scheme.
.
4
Schedule 2 (information to be made available to individuals) is amended as follows —
a
Paragraph 4 is replaced with the following —
4
a
The information specified in any one (the trustees having the option to choose which one) of the following paragraphs, namely —
i
the amounts of the member’s own benefits and of his survivors' benefits which would be payable from normal pension age or death thereafter if his pensionable service were to terminate on the date on which the information is furnished to him, calculated without regard to possible increases in his salary;
ii
the amounts of the member’s own benefits and of his survivors' benefits which would be payable from normal pension age or death thereafter if his pensionable service were to terminate on his attaining normal pension age, calculated without regard to possible increases in his salary; and
iii
the method by which the amounts mentioned in one of paragraphs (i) and (ii) may be calculated, together with sufficient information about the member’s past salaries and service to enable the calculation to be made.
In each case, the information must include:
the date on which the member’s pensionable service commenced;
the accrual rate or formula for calculating the member’s own benefits and any survivors' benefits;
the amount of the member’s pensionable remuneration on the date on which the information is furnished to him; and
details of how any deduction from benefits (whether on account of benefit payable under the Social Security Act 1975 , or otherwise) is calculated.
b
Except in the case of a simplified defined contribution scheme, the amount of any death in service benefits that would be payable if the member were to die on the date on which the information is furnished to him, with details of how those benefits are calculated.
.
b
Paragraph 4B is replaced with the following —
4B
a
The amount of contributions (before the making of any deductions) credited to the member under the scheme during the 12 months preceding a specified date and, where the scheme was for the whole or any part of that period a contracted-out scheme, the amount of those contributions which is attributable to —
i
the minimum payments to the scheme made in respect of the member by his employer; and
ii
the payments (if any) made to the trustees of the scheme by the Secretary of State in accordance with section 7(1) of the Social Security Act 1986 in respect of the member.
b
If the scheme is a simplified defined contribution scheme, the amount or fraction of contributions applied to insure benefits payable in the event of the member’s death before starting to receive retirement benefits under the scheme.
.
Amendments to the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987
4
1
Regulation 2 of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987 (which specifies employments in relation to which payments under section 3(1)(b) of the Social Security Act 1986 are not to be made) is amended as described in paragraphs (2) and (3) of this regulation.
2
Paragraph (6) is amended by replacing “(7) or (8)” with “(7), (8) or (12)”.
3
The following paragraph is added at the end —
12
This paragraph applies to any employment which is employment of an earner about whom no notification has been given in accordance with paragraph (2) or (3) where —
a
the Secretary of State has reason to suppose that notification ought to have been given; and
b
the earner has not satisfied the Secretary of State that either notification was not required or, if notification had been given, neither paragraph (7) nor (8) would apply.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th September 1989


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Commencement No. 1) Order 1989.
2
The following provisions of the Copyright, Designs and Patents Act 1988 shall come into force on 1st August 1989:
Part I (copyright);
Part II (rights in performances);
Part III (design right);
Part IV (registered designs), except–
section 272 in so far as it relates to paragraph 21 of Schedule 3, and
section 273;
Part VI (patents), except–
sections 293 and 294, and
section 295 in so far as it relates to paragraphs 1 to 11 and 17 to 30 of Schedule 5;
Part VII (miscellaneous and general), except —
section 301,
section 303(1) in so far as it relates to paragraphs 15, 18(2) and 21 of Schedule 7, and
section 303(2) in so far as it relates to the references in Schedule 8 to section 32 of the Registered Designs Act 1949 and to the provisions of the Patents Act 1977 , other than section 49(3) of, and paragraphs 1 and 3 of Schedule 5 to, that Act;
Schedule 1 (copyright: transitional provisions and savings);
Schedule 2 (rights in performances: permitted acts);
Schedule 3 (minor and consequential amendments to the Registered Designs Act 1949), other than paragraph 21;
Schedule 5 (patents: miscellaneous amendments), other than paragraphs 1 to 11 and 17 to 30;
Schedule 7 (consequential amendments), other than paragraphs 15, 18(2) and 21;
Schedule 8 (repeals), except in so far as it relates to–
section 32 of the Registered Designs Act 1949, and
the provisions of the Patents Act 1977, other than section 49(3) of, and paragraphs 1 and 3 of Schedule 5 to, that Act.
Eric Forth
Parliamentary Under Secretary of State for Industry and Consumer Affairs
Department of Trade and Industry
9th May 1989


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1989 and shall come into force on 1st January 1990.
Code of Practice
2
The code of practice which was laid in draft before both Houses of Parliament on 19th October 1989 in connection with the matters referred to in section 113(3) and (4)(a) of the Police and Criminal Evidence Act 1984 shall come into force on 1st January 1990.
Tom King
One of Her Majesty’s Principal Secretaries of State
Dated this 17th day November 1989