text:
Citation and Commencement
1
This Order may be cited as the Banks (Administration Proceedings) Order 1989 and shall come into force on 23rd August 1989.
Application of provisions in the Insolvency Act 1986 with modifications in relation to companies which are authorised or former authorised institutions under the Banking Act 1987
2
The provisions in Part II of the Insolvency Act 1986 shall apply in relation to those authorised institutions and former authorised institutions within the meaning of the Banking Act 1987 which are companies within the meaning of section 735 of the Companies Act 1985 with the modifications specified in the Schedule to this Order (any reference to a numbered section in the Schedule being, unless otherwise provided, to a section of the Insolvency Act 1986) and accordingly the provisions of the first Group of Parts of the Insolvency Act 1986 apply in relation to such institutions with such modifications.
Application
3
This Order shall not apply in relation to petitions for administration orders presented before it comes into force or in relation to administration orders made upon such petitions.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
Dated 21st July 1989
We concur,
David Maclean
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 24th July 1989


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Income Support (Transitional) Amendment Regulations 1989 and shall come into force on 9th October 1989.
2
In these Regulations“the Transitional Regulations ” means the Income Support (Transitional) Regulations 1987 .
Insertion of new regulation 2A in the Transitional Regulations
2
After regulation 2 of the Transitional Regulations (interpretation) there shall be inserted the following regulation–
Permitted period
2A
1
For the purposes of regulations 14 and 15 (reduction and termination of transitional addition and special transitional addition) where a claimant has ceased to be entitled to income support–
a
because he or his partner becomes engaged in remunerative work the permitted period, subject to paragraph (2), shall be 12 weeks; or
b
for any other reason, the permitted period shall be eight weeks.
2
Subject to paragraph (3), where the claimant or his partner has ceased to be engaged in remunerative work referred to in paragraph (1)(a) the permitted period shall be eight weeks if–
a
the claimant’s weekly applicable amount is reduced under regulation 22 of the General Regulations (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) because of the cessation of that work; or
b
the claimant or his partner has ceased to be engaged in that work within 6 weeks of beginning it; or
c
at any time during the period of 26 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it–
i
was engaged in remunerative work; or
ii
was in relevant education; or
iii
was a student.
3
Paragraph (2)(b) or (c) shall not apply if, by virtue of section 20A(2) of the Social Security Act (exemption from disqualification for unemployment benefit) , the person who has ceased to be engaged in remunerative work is exempted from disqualification for receiving unemployment benefit.
.
Amendment of regulation 14 of the Transitional Regulations
3
In regulation 14 of the Transitional Regulations (reduction and termination of transitional and personal expenses addition)–
a
in paragraph (1) in sub-paragraphs (a) and (d) after the reference“Part IV” there shall be inserted in each of those sub-paragraphs the reference“or VI ”;
b
after paragraph (1C) there shall be inserted the following paragraphs–
1D
Notwithstanding paragraph (1)(a) or (d), the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his applicable amount is attributable to the amendments made by regulation 5(a) and (c) of the Income Support (General) Amendment Regulations 1989 and that increase in his applicable amount takes effect in his benefit week beginning on a day during the period of 7 days commencing on 9th October 1989.
1E
Notwithstanding paragraph (1)(a) or (d), where a claimant’s applicable amount increases by virtue of his or his partner’s participation or ceasing to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 or his or his partner’s attendance or ceasing to attend at a course at an employment rehabilitation centre established under that section, his transitional addition shall not be reduced by the amount of that increase.
1F
Notwithstanding paragraph (1)(a) or (d), where–
a
a claimant has ceased to be entitled to a transitional addition because he or his partner becomes engaged in remunerative work and immediately before he so ceased a higher pensioner premium or a disability premium was applicable to him under paragraph 10 or, as the case may be, 11 of Schedule 2 to the General Regulations (applicable amounts); and
b
he becomes re-entitled to that addition by virtue of paragraph (3A) or (4A) or regulation 15(4) (special transitional addition), his transitional addition shall not be reduced if the higher pensioner premium or the disability premium again becomes applicable to him to the extent that any increase in his applicable amount is attributable to that premium.
;
c
in paragraph (3) at the beginning there shall be inserted the words“Except where paragraph (3A) applies,”;
d
after paragraph (3) there shall be inserted the following paragraph–
3A
A claimant who has ceased to be entitled to income support and a transitional addition because he or his partner has become engaged in remunerative work shall, if during the permitted period determined in accordance with regulation 2A (permitted period) beginning with the day after the day on which he ceased to be so entitled he or his partner has ceased to be engaged in that work, be re-entitled to a transitional addition of an amount equal to the amount of the transitional addition to which he was previously entitled subject to any reduction in that amount which would have occurred under paragraph (1)(a) had he remained entitled to income support.
;
e
in paragraph (4) at the beginning there shall be inserted the words“Except where paragraph (4A) applies,”;
f
after paragraph (4) there shall be inserted the following paragraph–
4A
A claimant who was entitled only to a transitional addition and who has ceased to be entitled to such an addition because he or his partner became engaged in remunerative work shall, if during the permitted period determined in accordance with regulation 2A beginning with the day after the day on which he has ceased to be so entitled he or his partner ceased to be engaged in that work, be re-entitled to a transitional addition of an amount equal to the amount by which his total benefit income in his first benefit week exceeds his total benefit income in the benefit week in which he becomes re-entitled, or the amount to which he was previously entitled, whichever is the lower.
.
Amendment of regulation 15 of the Transitional Regulations
4
In regulation 15 of the Transitional Regulations (special transitional addition) in paragraph (4) for the words“not more than 8 weeks after” wherever they occur in that paragraph there shall be substituted the words“during the permitted period determined in accordance with regulation 2A (permitted period) beginning with the day after”.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
5th September 1989


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1989.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) and 257(9) of the Income and Corporation Taxes Act 1988 as specified for the year 1989–90 in sections 1(2) and 257(1), (2), (3), (5) and (6) of that Act are set out in paragraphs (2) and (3).
2
In section 1(2) of the said Act (basic rate limit) — £20,700.
3
In section 257 of the said Act (personal reliefs)–
a
in subsection (1)(a) (married allowance) — £4,375;
b
in subsections (1)(b) (single allowance) and (6) (wife’s earned income relief) — £2,785;
c
in subsection (2)(a) (married allowance: age 65 to 79) — £5,385;
d
in subsection (2)(b) (single allowance: age 65 to 79) — £3,400;
e
in subsection (3)(a) (married allowance: age 80 and over) — £5,565;
f
in subsection (3)(b) (single allowance: age 80 and over) — £3,540;
g
in subsection (5) (income limit for age allowance) — £11,400.
Kenneth Carlisle
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1989


text:
1
The Secretary of State is authorised to construct the bridge specified in Schedule No 1 to this Order as part of the new trunk road (to be constructed in pursuance of the A47 Leicester-Great Yarmouth Trunk Road (Norwich Southern Bypass and Slip Roads) (Southern and Eastern Section) Order 1989 , over the navigable waters of the River Yare at Norwich in the County of Norfolk.
2
This Order shall come into force on 9th January 1990 and may be cited as the A47 Leicester-Great Yarmouth Trunk Road (Norwich Southern Bypass) (River Yare Bridge) Order 1989.
Signed by authority of Secretary of State
Peter Emms
Regional Director Eastern Region
Department of Transport
29th November 1989


text:
Citation and interpretation
1
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 5) Order 1989.
2
In this Order –
“ the Act ” means the Education Reform Act 1988;
“ ILEA school” means a county or voluntary school which is maintained by the Inner London Education Authority on the date this Order is made, or a special school so maintained which is not established in a hospital, and “ILEA county school” shall be construed accordingly; and
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act.
Coming into force of certain provisions of the Act
2
The provisions of the Act specified in column 1 of Schedules 1 to 7 to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on the date specified in relation to each Schedule in the following table –
Schedule 1 1st March 1989 Schedule 2 1st May 1989 Schedule 3 1st August 1989 Schedule 4 1st September 1989 Schedule 5 1st April 1990 Schedule 6 1st August 1990 Schedule 7 1st August 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1989 and shall come into force, in relation to a particular claimant, as follows–
a
regulations 1, 2, 3, 6, 8 and 9 at the beginning of the first benefit week to commence for that claimant on or after 10th April 1989;
b
regulation 7, on 10th April 1989 immediately after regulation 19 of the Income Support (General) Amendment No. 5 Regulations 1988 comes into force;
c
regulations 4, 5, 10 and 11 at the beginning of the first benefit week to commence for that claimant on or after 9th October 1989.
2
In paragraph (1) the expressions “benefit week” and “claimant” have the same meaning as in the General Regulations and in these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulation 3 of the General Regulations
2
In regulation 3 of the General Regulations (definition of non-dependant)–
a
in paragraph (2)(d) for the words “liable to make payments” to the end there shall be substituted the words “liable to make payments to the claimant or the claimant’s partner or to whom or to whose partner the claimant or the claimant’s partner is liable to make payments, in respect of his occupation of the dwelling”;
b
in paragraph (3) the words “in board and lodging accommodation or” shall be omitted;
c
at the end of paragraph (4) there shall be added the words “but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord”.
Amendment of regulation 16 of the General Regulations
3
In regulation 16(3)(c) and (5)(b) of the General Regulations (circumstances in which a person is treated as being or not being a member of the household) for the words “any of sub-paragraphs (a) to (d) of the definition of residential accommodation” there shall be substituted the words “any of sub-paragraphs (a) to (d) (excluding heads (i) to (iii) of sub-paragraph (d)) of the definition of residential accommodation”.
Amendment of regulation 71 of the General Regulations
4
In regulation 71(1)(a)(iii) of the General Regulations (applicable amount in urgent cases) for the reference “paragraph 15(2)” there shall be substituted the reference “paragraph 15(2), (2A)”.
Amendment of Schedule 2 to the General Regulations
5
In Schedule 2 to the General Regulations (applicable amounts)–
a
for paragraph 9 there shall be substituted the following paragraphs–
Pensioner premium for persons under 75
9
The condition is that the claimant–
a
is a single claimant or lone parent aged not less than 60 but less than 75; or
b
has a partner and is, or his partner is, aged not less than 60 but less than 75.
Pensioner premium for persons 75 and over
9A
The condition is that the claimant–
a
is a single claimant or lone parent aged not less than 75 but less than 80; or
b
has a partner and is, or his partner is, aged not less than 75 but less than 80.
;
b
in paragraph 12(1)(c)(i) for the words “solely on account of the maximum age for this payment being reached” there shall be substituted the words “either on account of the maximum age for this payment being reached or the payment of a retirement pension under the Social Security Act”;
c
in paragraph 15–
i
for sub-paragraph (2) there shall be substituted the following sub-paragraphs–
2
Pensioner premium for persons aged under 75–
a
where the claimant satisfies the condition in paragraph 9(a);
2
a
£11.20;
b
where the claimant satisfies the condition in paragraph 9(b);
b
£17.05;
2A
Pensioner premium for persons aged 75 and over–
a
where the claimant satisfies the condition in paragraph 9A(a);
2A
a
£13.70;
b
where the claimant satisfies the condition in paragraph 9A(b);
b
£20.55;
;
ii
in sub-paragraph (3) for “£13.70” and “£19.50” there shall be substituted “£16.20” and “£23.00” respectively
Amendment of paragraph 11 of Schedule 3 to the General Regulations
6
In Schedule 3 to the General Regulations (housing costs)–
a
in paragraph 4 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)–
i
in sub-paragraph (7)(c)(ii) for the reference “paragraph 9,” there shall be substituted the reference “paragraph 9, 9A,”;
ii
in sub-paragraph (9)(b)(ii) after the words “(prevention, care and after-care)” there shall be inserted the words “where board is available to the claimant”;
b
in paragraph 11 (non-dependant deductions)–
i
in sub-paragraph (1) after the words “shall be made in respect of a non-dependant” there shall be inserted the words “or a person who lives in board and lodging accommodation”; and in head (a) of that sub-paragraph after the words “regulation 3(3) applies (non-dependants)” there shall be inserted the words “and in respect of a person who lives in board and lodging accommodation aged 18 or over”;
ii
in sub-paragraph (2) after the words “remunerative work” there shall be inserted the words “and of a person who lives in board and lodging accommodation aged 18 or over in remunerative work”; and after the words “the non-dependant’s gross weekly income” there shall be inserted the words “or that of the person in board and lodging accommodation”.
Amendment of Schedule 3A to the General Regulations
7
In Schedule 3A to the General Regulations (protected sum)–
a
in paragraph 1(1)–
i
for the definition of “eligible housing benefit” there shall be substituted the following definition–
“eligible housing benefit” means–
for the period of 7 consecutive days beginning on 3rd April 1989, the amount of housing benefit to which the claimant or his partner was entitled in that period which relates to the board and lodging accommodation normally occupied as the home by him or, if he has a partner, by him and his partner;
for the period of 7 consecutive days beginning on 10th April 1989 or, in a case to which paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph, the amount of the claimant’s or his partner’s maximum housing benefit determined in accordance with regulation 61 of the Housing Benefit (General) Regulations 1987 (maximum housing benefit) which relates to that accommodation;
;
ii
at the end of the definition of “protected sum” there shall be added the words “to a claimant who in the first week is living in board and lodging accommodation or who or whose partner is temporarily absent in that week from that accommodation”;
iii
for the definition of “protected total” there shall be substituted the following definition–
“protected total” means–
the total of the claimant’s applicable amount under regulation 20 (applicable amounts for persons in board and lodging accommodation) in the first week or, in a case to which paragraph 7(7) applies, if the protected person or any partner of his is temporarily absent from his accommodation in that week, the amount which would have fallen to be calculated under that regulation for that week as if there had been no temporary absence; and
the amount of any eligible housing benefit for the period of 7 consecutive days beginning 3rd April 1989;
;
iv
after the definition of “second week” there shall be added the following definition–
“third week” means the benefit week beginning on a day during the period of 7 days commencing on 17th April 1989.
;
b
in paragraph 2–
i
for the words “Subject to the following provisions” there shall be substituted the words “Subject to sub-paragraph (2) and the following paragraphs”;
ii
in sub-paragraph (b) after the words “the period” there shall be inserted the words “of 7 consecutive days”;
c
at the end of paragraph 2 there shall be added the following sub-paragraphs–
2
Where–
a
in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and
b
the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 10th April 1989,
the protected sum applicable to the claimant shall, subject to sub-paragraph (3), be an amount equal to X+Y+10 pence.
3
Where a claimant or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989 the claimant or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (2) shall be increased by an amount equal to the difference between–
a
the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the third week; and, if less,
b
the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the second week.
4
In this paragraph–
“X” means the sum which, but for sub-paragraph (2), would be the protected sum applicable under sub-paragraph (1);
“Y” means the amount of the excess to which sub-paragraph (2)(a) refers;
“relevant social security benefit” means–
child benefit;
any benefit under the Social Security Act;
war disablement pension;
war widow’s pension;
any payment under a scheme made under the Industrial Injuries and Diseases (Old Cases) Act 1975 ;
any concessionary payment.
;
d
in paragraph 3(2) for the words “where he, or any partner of his,” to “in respect of” there shall be substituted the words “unless he, or any partner of his, is entitled to housing benefit for the period of 7 consecutive days beginning 10th April 1989 or, where paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph in respect of”;
e
in paragraph 5–
i
in sub-paragraph (1) for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraphs (2) and (3)”;
ii
after sub-paragraph (2) there shall be added the following sub-paragraph–
3
Where by virtue of the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989 the claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 9th October 1989, no account shall be taken of that increase.
;
f
in paragraph 7, for sub-paragraphs (5) to (7) there shall be substituted the following sub-paragraphs–
5
Except where sub-paragraph (7) applies, where a protected sum was applicable to a protected person immediately before he or any partner of his became a patient within the meaning of regulation 21(3) for a period of 14 weeks or less, he shall, subject to sub-paragraph (4)(c), on his or, as the case may be, his partner’s ceasing to be a patient, be entitled to a protected sum equal to–
a
the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 and either–
i
any eligible housing benefit for the period of 7 consecutive days beginning on 10th April 1989; or, if greater,
ii
in a case where sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or
b
the amount of the protected sum to which he was entitled in the immediately preceding benefit week,
whichever is the lower.
6
Paragraph 6(c) shall not apply to a protected person who has ceased to be entitled to income support for a period of not more than 8 weeks–
a
if immediately before he ceased to be so entitled a protected sum was applicable to him; and
b
except where sub-paragraph (7) applies, if during that period the protected person becomes re-entitled, or would by virtue of this sub-paragraph be re-entitled, to income support he shall, subject to sub-paragraph (4)(d), be entitled to a protected sum equal to–
i
the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which he becomes so re-entitled and either any eligible housing beneft for the period of 7 consecutive days beginning 10th April 1989 or, if greater, in a case to which sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or
ii
the amount of the protected sum to which he was previously entitled,
whichever is the lower.
7
Where a protected person or any partner of his is temporarily absent from his accommodation for a period not exceeding 13 weeks which includes the first or second week (or both)–
a
in a case where a protected sum was applicable to the protected person immediately before his or, as the case may be, his partner’s return to that accommodation and the full charge was made for the accommodation during the temporary absence, on the protected person’s or, as the case may be, his partner’s return to that accommodation, the protected person shall be entitled to a protected sum equal to–
i
the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and any eligible housing benefit for the period of 7 consecutive days beginning 10th April 1989; or
ii
the amount of the protected sum which was applicable to him in the immediately preceding benefit week,
whichever is the lower;
b
in a case where–
i
a protected sum has not at any time been applicable to the protected person; or
ii
immediately before the protected person’s or, as the case may be, his partner’s return to that accommodation a protected sum was applicable but a reduced charge was made for the accommodation during the temporary absence,
the protected person on his or, as the case may be, his partner’s return to that accommodation shall, subject to sub-paragraph (8), be entitled to a protected sum equal to the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and the amount of eligible housing benefit for the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence or change of circumstances is to take effect) following that person’s return to that accommodation.
8
Where, in a case to which sub-paragraph (7)(b)(i) applies–
a
in the first complete benefit week after the protected person’s or, as the case may be, his partner’s return to his accommodation the protected person’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and
b
the amount of income support to which he was entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 following his or, as the case may be, his partner’s return to that accommodation,
the protected sum applicable shall, subject to sub-paragraph (9), be an amount equal to X+Y+10 pence.
9
Where the protected person or, as the case may be, his partner returns to the accommodation in the second week and he or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989 he or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (8) shall be increased by an amount equal to the difference between–
a
the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the third week; and, if less,
b
the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the second week.
10
In sub-paragraph (8)–
“X” means the sum which, but for sub-paragraph (8), would be the protected sum applicable in a case to which sub-paragraph (7)(b)(i) applies;
“Y” means the amount of the excess to which sub-paragraph (8)(a) refers;
“relevant social security benefit” has the same meaning as in paragraph 3(4).
.
Amendment of Schedule 4 to the General Regulations
8
In paragraph 11(2) of Schedule 4 to the General Regulations (applicable amounts of persons in residential care homes and nursing homes) for all the words after “specified” there shall be substituted the words “immediately before 10th April 1989 as being within Area 53 in Schedule 6 as then in force”.
Amendment of Schedule 7 to the General Regulations
9
In paragraphs 10A, 10B(1) and 16(a) of Schedule 7 to the General Regulations (special cases) for the words “any of sub-paragraphs (a) to (d) of the definition of residential accommodation” there shall be substituted in each of those paragraphs the words “any of sub-paragraphs (a) to (d) (excluding heads (i) to (iii) of sub-paragraph (d)) of the definition of residential accommodation”.
Amendment of Schedule 8 to the General Regulations
10
For paragraph 4 of Schedule 8 to the General Regulations (sums to be disregarded in the calculation of earnings) there shall be substituted the following paragraph–
4
1
In a case to which this paragraph applies, £15; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.
2
This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts).
3
This paragraph applies where–
a
the claimant is a member of a couple, and–
i
his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the higher pensioner premium under that Schedule being applicable; or
ii
had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and
b
he or his partner is under the age of 60 and at least one is engaged in part-time employment.
4
This paragraph applies where–
a
the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2; and
b
the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and
c
immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15; and
d
he or, as the case may be, he or his partner has continued in part-time employment.
5
This paragraph applies where–
a
the claimant is a member of a couple and–
i
his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the pensioner premium for persons aged 75 and over under that Schedule being applicable; or
ii
had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the pensioner premium for persons aged 75 and over under that Schedule and had that been the case he would also satisfy the condition in (i) above; and
b
he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in part-time employment.
6
This paragraph applies where–
a
the claimant is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and
b
immediately before the younger member attained that age either member was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and
c
either he or his partner has continued in part-time employment.
7
For the purposes of this paragraph, no account shall be taken of any period not exceeding eight consecutive weeks occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in part-time employment or the claimant ceased to be entitled to income support.
.
Hostels
11
1
The provisions of the General Regulations relating to persons in hostels shall be amended in accordance with Schedule 1 to these Regulations.
2
In Schedule 1 to these Regulations a reference to a numbered regulation or Schedule is to the regulation in, or Schedule to, the General Regulations bearing that number.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
22nd March 1989


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1989 and shall come into force on the following dates:
articles 1, 2(a) and (b) 15th March 1989
article 2(c) 1st June 1989
2
Schedule 1 to the Value Added Tax Act 1983 (provisions as to liability to be registered) shall be amended as follows:
a
in paragraph 1(1)(a)(i) for the figure “£7,500” there shall be substituted “£8,000”,
b
in paragraphs 1(1)(a)(ii), 1(1)(b), 1(2) and 4(3) for the figure “£22,100” there shall be substituted “£23,600”,
c
in paragraphs 1(3), 2(1) and 2(2) for the figure “£21,100” there shall be substituted “£22,600”.
Kenneth Carlisle
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1989


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment Regulations 1989 and shall come into force for the purposes of regulation 2(3) on 1st October 1989 and for all other purposes on 1st February 1990.
Amendment of Regulations
2
1
The National Health Service (Service Committees and Tribunal) Regulations 1974 are amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (interpretation), for the definition of “dental officer” there shall be substituted:
“dental officer” means —
for the purposes of regulation 18 (investigation of record keeping), a dentist in the service of the Dental Practice Board , or of the Welsh Office, as the case may be, and
for all other purposes, a dentist in the service of the Department of Health, or of the Welsh Office, as the case may be;
.
3
In regulation 14 (procedure on withholding money), for the words “the Deputy Chief Dental Officer” in paragraph (6) there shall be substituted:
a
in the first instance where they appear, the words “his deputy (being a dental officer)”;
b
in the second instance where they appear, the words “his deputy”.
Signed by authority of the Secretary of State for Health
Trafford
Minister of State,
Department of Health
7th September 1989


text:
1
This Order may be cited as the Road Traffic Act 1988 (Appointed Day for Section 15) (No. 2) Order 1989.
2
The 1st September 1989 is the day appointed for the purposes of Schedule 5 to the Road Traffic (Consequential Provisions) Act 1988 in its application to the following provisions of section 15 of the Road Traffic Act 1988 , namely —
a
subsection (3) save in so far as 21st June 1989 was appointed by the Road Traffic Act 1988 (Appointed Day for Section 15) Order 1989 for the purposes of that Schedule in its application to that subsection,
b
subsections (4), (7) and (8).
Signed by the authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
14th July 1989


text:
1
1
These Regulations may be cited as the Education (Publication of Schemes for Financing Schools) Regulations 1989 and shall come into force on 15th January 1990.
2
In these Regulations a “scheme” means a scheme (including a scheme replacing or varying a previous scheme) made by a local education authority under section 33 of the Education Reform Act 1988 (schemes for financing county and voluntary schools).
2
For the purposes of section 42(1) of the Education Reform Act 1988 (prescribed manner of publication of schemes) a scheme shall be published by–
a
furnishing a copy to the governing body and a copy to the head teacher of each school to which the scheme relates, and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at–
i
each school to which the scheme relates;
ii
each education office of the relevant local education authority, and
iii
each public library in the area of the relevant local education authority.
3
For the purposes of section 42(1)(b) of the Education Reform Act 1988 (prescribed occasions on which publication of schemes is required) a scheme shall be published on the entry into force of a variation of the scheme by a direction of the Secretary of State under section 35(9) of the Education Reform Act 1988.
John MacGregor
Secretary of State for Education and Science
11th December 1989
Peter Walker
Secretary of State for Wales
11th December 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1989 and shall come into force in accordance with articles 2 to 5.
2
In this Order –
“the Document” means the document published by Her Majesty’s Stationery Office entitled “Mathematics in the National Curriculum” ;
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Education Reform Act 1988;
references to levels of attainment are references to the levels set out in the Document in relation to each attainment target; and
references to ranges of levels of attainment are references to the range of levels of attainment specified for pupils of different abilities and maturities in respect of the key stage in question.
2
The provisions of this Order relating to the first key stage shall come into force –
a
on 1st August 1989 in respect of pupils in the first year of that key stage who have attained the age of five years by that date and who do not have a statement of special educational needs; and
b
on 1st August 1990 in respect of all other pupils.
3
The provisions of this Order relating to the second key stage shall come into force –
a
on 1st August 1990 in respect of pupils in the first year of that key stage;
b
on 1st August 1991 in respect of pupils in the second year of that key stage;
c
on 1st August 1992 in respect of pupils in the third year of that key stage; and
d
on 1st August 1993 in respect of all other pupils.
4
The provisions of this Order relating to the third key stage shall come into force –
a
on 1st August 1989 in respect of pupils in the first year of that key stage who do not have a statement of special educational needs;
b
on 1st August 1990 in respect of pupils in the first year of that key stage who have a statement of special educational needs and in respect of pupils in the second year of that key stage; and
c
on 1st August 1991 in respect of all other pupils.
5
The provisions of this Order relating to the fourth key stage shall come into force –
a
on 1st August 1992 in respect of pupils in the first year of that key stage; and
b
on 1st August 1993 in respect of all other pupils.
Specification of attainment targets and programmes of study
6
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in Articles 7 to 9 hereof for the purposes of specifying in relation to mathematics –
a
attainment targets; and
b
programmes of study.
7
1
Schedule 1 has effect in accordance with paragraph (2) for specifying the attainment targets (including the ranges of levels of attainment) for each key stage.
2
The attainment targets described in the Document and set out in column 2 of Schedule 1 to this Order are specified in relation to the key stages set out beside them in column 1 of that Schedule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
8
1
Schedule 2 has effect in accordance with paragraph (2) for specifying the programmes of study (including the range of levels of attainment) for each key stage.
2
The programmes of study described in the Document and set out in column 2 of Schedule 2 to this Order are specified in relation to the key stages set out beside them in column 1 of that Schedule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
9
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by this Order.


text:
Citation and commencement
1
This Order may be cited as the Controlled Waters (Lakes and Ponds) Order 1989 and shall come into force on 1st September 1989.
Reservoirs to be treated as relevant lakes or ponds
2
1
A reservoir to which this article applies shall be treated for the purposes of Chapter I of Part III of the Water Act 1989 (control of pollution) as a relevant lake or pond.
2
This article applies to a reservoir–
a
which does not discharge into a relevant river or watercourse or into a relevant lake or pond; and
b
which does not contain water treated with a view to complying with regulation 23 of the Water Supply (Water Quality) Regulations 1989 .
Signed by authority of the Secretary of State.
Michael Howard
Minister for Water and Planning,
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989


text:
1
This Order may be cited as the Finance Act 1985 (Serious Misdeclaration and Interest on Tax) (Appointed Days) Order 1989.
2
Section 14 of the Finance Act 1985 shall come into operation on 31st March 1990.
3
Section 18 of the Finance Act 1985 shall come into operation on 1st April 1990.
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 1989


text:
1
This Order may be cited as the Combined Probation Areas (West Sussex) Order 1989 and shall come into force on 1st April 1989.
2
1
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the West Sussex Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Chichester, Midhurst and Petworth; and
b
inserting in alphabetical order in column 1 “Chichester and District” and corresponding to that in column 3 “5”.
2
The three justices appointed to be members of the West Sussex Probation Committee by the justices for the petty sessional division of Chichester, the justice so appointed by the justices for the petty sessional division of Midhurst and the justice so appointed by the justices for the petty sessional division of Petworth, in each case before the abolition of the said petty sessional divisions and their re-constitution to form a new petty sessional division known as the Chichester and District division, shall continue to hold office as members of that Committee, as if they had been appointed by the justices for the new division of Chichester and District, until 30th November 1989 and shall then cease to hold office, but shall be eligible for re-appointment.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd March 1989


text:
Citation and commencement
1
1
This Order may be cited as the Cambridgeshire, Essex, Hertfordshire and Lincolnshire (County Boundaries) Order 1989.
2
This Order shall come into force on 1st 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.
Interpretation
2
In this Order “boundary map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Cambridgeshire, Essex, Hertfordshire and Lincolnshire (County Boundaries) Order 1989”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfer from Essex to Cambridgeshire
3
The part of the county of Essex, the district of Uttlesford and the parish of Ashdon marked A10 on boundary map 5 shall be transferred to–
a
the county of Cambridgeshire and the Linton electoral division of that county;
b
the district of South Cambridgeshire and the Castle Camps ward of that district;
c
the parish of Bartlow;
d
the Cambridgeshire petty sessional division;
e
the Southern Cambridgeshire Coroner’s district.
Transfers from Cambridgeshire to Hertfordshire
4
1
The part of the county of Cambridgeshire, the district of South Cambridge-shire and the parishes of Bassingbourn cum Kneesworth and Melbourn marked A7 and A8 on boundary map 4 shall be transferred to–
a
the county of Hertfordshire and the Royston electoral division of that county;
b
the district of North Hertfordshire and the Royston West ward of that district;
c
the parish of Royston and the Royston West ward of that parish;
d
the North Hertfordshire petty sessional division;
e
the Hitchin Coroner’s district.
2
The part of the county of Cambridgeshire, the district of South Cambridgeshire and the parish of Litlington marked A6 on boundary map 4 shall be transferred to–
a
the county of Hertfordshire and the North Herts Rural electoral division of that county;
b
the district of North Hertfordshire and the Sandon ward of that district;
c
the parish of Therfield;
d
the North Hertfordshire petty sessional division;
e
the Hitchin Coroner’s district.
3
The part of the county of Cambridgeshire, the district of South Cambridgeshire and the parish of Melbourn marked A9 on boundary map 4 shall be transferred to–
a
the county of Hertfordshire and the Royston electoral division of that county;
b
the district of North Hertfordshire and the Royston East ward of that district;
c
the parish of Royston and the Royston East ward of that parish;
d
the North Hertfordshire petty sessional division;
e
the Hitchin Coroner’s district.
Transfers from Cambridgeshire to Lincolnshire
5
1
The part of the county of Cambridgeshire, the City of Peterborough and the parish of Thorney marked A4 on boundary map 2 shall be transferred to–
a
the county of Lincolnshire and the Crowland Rural electoral division of that county;
b
the district of South Holland and the Crowland ward of that district;
c
the parish of Crowland;
d
the West Elloe petty sessional division;
e
the Boston and Spalding Coroner’s district.
2
The part of the county of Cambridgeshire, the district of Fenland and the parish of Tydd St Giles marked A5 on boundary map 3 shall be transferred to–
a
the county of Lincolnshire and the Holbeach Fen electoral division of that county;
b
the district of South Holland and the Sutton Bridge ward of that district;
c
the parish of Tydd St Mary;
d
the East Elloe petty sessional division;
e
the Boston and Spalding Coroner’s district.
3
The parts of the county of Cambridgeshire, the City of Peterborough and the parish of St Martin’s Without marked A1 and A2 on boundary map 1 shall be transferred to–
a
the county of Lincolnshire and the Stamford South electoral division of that county;
b
the district of South Kesteven and the St Marys ward of that district;
c
the parish of Stamford;
d
the Stamford petty sessional division;
e
the Stamford Coroner’s district.
Parishes in the county of Cambridgeshire
6
The part of the parish of St Martin’s Without in the City of Peterborough marked A3 on boundary map 1 shall be transferred to the parish of Barnack.
Town and country planning
7
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.
Land Registration
8
Registration of title to land under the Land Registration Acts 1925 to 1986 shall cease to be compulsory on sale in the area transferred by article 5 save insofar as section 154(1) of the Housing Act 1985 applies to any dwelling house situated in that area.
Signed by authority of the Secretary of State
Virginia Bottomley
Parliamentary Under Secretary of State,
Department of the Environment
31st January 1989


text:
Citation and commencement
1
This Order may be cited as the Housing Benefit (Permitted Totals) Amendment Order 1989 and shall come into force on 9th October 1989.Amendment of the Housing Benefit (Permitted Totals) Order 1988
2
The Housing Benefit (Permitted Totals) Order 1988 shall be amended —
a
in article 1(2) (interpretation) by inserting after “rate rebate” the words “(or, in Scotland, community charge rebate)” ; and
b
in article 2 (permitted totals of benefit) by substituting for “(additional amount of benefit in exceptional circumstances)” the words “and regulation 57 of the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 (increase of benefit paid in exceptional circumstances)”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
8th September 1989


text:
1
These Regulations may be cited as the Further Education (Recoupment) (Amendment) Regulations 1989 and shall come into force on 16th October 1989.
2
For regulation 2 of the Further Education (Recoupment) Regulations 1987 there shall be substituted the following regulation–
2
1
The Schedule to these Regulations shall have effect for the purpose of prescribing categories of pupils in relation to which the provisions of section 51(5) of the Education (No. 2) Act 1986 apply.
2
With the modification referred to in paragraph (3) below the Schedule shall have effect also for the purpose of prescribing categories of pupils in relation to which the provisions of section 51(1) of the Education (No. 2) Act 1986 apply.
3
The modification referred to in paragraph (2) above is the substitution in paragraph 1 of the Schedule for the words–
“further education establishment” means an establishment which is maintained or assisted by a local education authority for the purpose of providing further education
of the words–
“further education establishment” means an establishment providing further education whether or not maintained or assisted by a local education authority
.
John MacGregor
Secretary of State for Education and Science
20th September 1989
Peter Walker
Secretary of State for Wales
20th September 1989


text:
Citation and commencement
1
These Regulations may be cited as the Royal Botanic Garden, Edinburgh Regulations 1989 and shall come into force on 1st June 1989.
Interpretation
2
In these Regulations —
“notice or sign” means a notice or sign exhibited by order of the Trustees;
“the parks” means the Royal Botanic Garden, Edinburgh and its outstations at the Younger Botanic Garden Benmore, the Logan Botanic Garden and the Dawyck Botanic Garden; and “any part of the parks” means any component part of the parks as defined in this regulation;
“park constable” means such a constable, within the meaning of section 3 of the Parks Regulation Act 1872( ), who has jurisdiction in the parks;
“police constable” means any police constable belonging to the police force for a police area which includes the parks or any part thereof;
“Trustees” means the Board of Trustees of the Royal Botanic Garden, Edinburgh constituted under section 10(1) of the National Heritage (Scotland) Act 1985( ).
Prohibited acts
3
No person shall —
a
enter any part of the parks if that person is under the age of fourteen years, unless accompanied by an adult;
b
enter any part of the parks after having been requested by a park constable or police constable not to do so or in contravention of any notice or sign displayed at any part of the parks, including any notice or sign stipulating conditions of admission;
c
remain in any part of the parks after having been requested by a park constable or police constable to leave it;
d
bring into or have in any part of the parks any animal other than a guide dog accompanying a blind person;
e
picnic in any part of the parks, except in any picnic area authorised by notice or sign displayed at the site of any such picnic area;
f
wilfully disturb or injure, in any part of the parks, any animal, fish or bird or take any egg;
g
go on any enclosure, flower bed, shrubbery, or lawn, in any part of the parks, access to which is prohibited by notice or sign;
h
climb, in any part of the parks, any tree, railing, fence or structure of any kind;
i
destroy, pluck, cut or injure, in any part of the parks, any flower or part of any tree, shrub or plant;
j
wilfully interfere with the comfort or convenience of any person in any of the parks;
k
collect or solicit money in any part of the parks;
l
drop or leave litter in any part of the parks, except in a receptacle provided for the purpose;
m
pollute any water in any part of the parks;
n
operate or use any mechanically propelled or operated toy or model in any part of the parks;
o
behave or be clothed, whilst in any part of the parks, in any manner reasonably likely to offend against public decency;
p
fish, bathe, boat or skate in any part of the parks;
q
sail any model boat in any part of the parks;
r
smoke in any plant house or plant exhibition hall or in any area or building within any part of the parks where a sign is displayed prohibiting smoking;
s
bring into any part of the parks any flowers or any package or other article or container after being requested by a park constable or police constable not to do so;;
t
leave in any part of the parks any object or article, when requested by a park constable or police constable to remove such object or article from that park.
Acts for which written permission is required
4
Unless prior written permission of the Trustees has been obtained, no person shall —
a
drive or ride, or have, in any part of the parks, any vehicle other than an electric or hand or foot propelled invalid carriage;
b
enter, or wilfully remain, in any part of the parks, at any time when not open to the public;
c
carry on any trade or business in any part of the parks;
d
sell or distribute anything or offer anything for sale or hire, in any part of the parks;
e
exhibit or affix any notice, advertisement or other written or pictorial matter or give any display, performance or representation in any part of the parks;
f
play or cause to be played any musical instrument in any part of the parks;
g
erect or use, in any part of the parks, any apparatus for the transmission, reception, reproduction or amplification of sound, speech or images by electrical or mechanical means, except apparatus designed and used as an aid to defective hearing;
h
light a fire or discharge any firearm, firework or other weapon or missile in any part of the parks;
i
take, in any part of the parks, any photographs for commercial purposes;
j
sketch or paint in any part of the parks;
k
play any game or engage in any form of sport or physical exercise in any part of the parks;
l
make or give any public speech or address in any part of the parks;
m
organise, conduct or take part in any assembly, parade or procession in any part of the parks.
General
5
Any person challenged by a park constable or police constable with a contravention of these Regulations shall on demand by such park constable or police constable give his full name and address.
Revocation
6
The Royal Botanic Garden and Arboretum, Edinburgh, Regulations 1970( ) are hereby revoked.
Sanderson of Bowden
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
8th May 1989


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) Regulations 1989 and shall come into force on 12th August 1989 .
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Interpretation
2
1
In these Regulations any reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1989 .
2
Regulation 2 of the principal Regulations shall apply for the purposes of the interpretation of these Regulations as it applies for the purposes of the interpretation of the principal Regulations.
PART II
GRANTS AND REMISSION OF CHARGES
Uniform grants
3
1
In this Regulation clothing expenditure means expenditure on items of uniform and other clothing (including sports clothing) to be worn at school by an assisted pupil which the school are satisfied –
a
has been incurred by the pupil’s parents, or
b
is about to be incurred by them but which they cannot, without financial hardship, incur in advance of the payment of grant.
2
Subject to and in accordance with this Regulation and Regulation 6, a school shall, in the cases mentioned in paragraphs (3) and (4), pay a uniform grant to the parents of a pupil holding an assisted place thereat in respect of their clothing expenditure.
3
In a pupil’s first assisted year, uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £8,450 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed –
a
£129, where the relevant income does not exceed £7,416;
b
£97, where that income exceeds £7,416 but does not exceed £7,763;
c
£64, where that income exceeds £7,763 but does not exceed £8,097;
d
£32, where that income exceeds £8,097 but does not exceed £8,450:
Provided that any uniform grant which would fall to be paid in a pupil’s first assisted year may be paid during the period commencing on 12th August 1989 and ending when that year begins.
4
In any subsequent school year uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £8,097 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed –
a
£48, where the relevant income does not exceed £7,603;
b
£24, where that income exceeds £7,603 but does not exceed £8,097.
School travel grants
4
1
In this Regulation and subject to the provisions thereof, “school travel expenditure” means the aggregate expenses incurred by or on behalf of an assisted pupil at a school in respect of his journeys to and from the school or as hereinafter provided –
a
by public transport, that is to say by train, bus, boat, hovercraft or air services available to the public;
b
by transport provided in pursuance of arrangements which, at the request of the school, are for the time being approved by the Secretary of State; or
c
by transport provided by a local education authority.
2
Subject to and in accordance with the provisions of this Regulation and Regulation 6, a school shall, in respect of each school year, pay a school travel grant to the parents of each assisted pupil at the school in respect of his school travel expenditure.
3
A school travel grant shall be payable in respect of school travel expenditure reasonably incurred in relation to journeys actually made by the pupil in the school year to or from his home or to visit a parent or guardian or other relative:
Provided that –
a
in the case of a pupil who is a boarder (other than a weekly boarder) –
i
grant shall not be payable in respect of more than 12 single journeys, either to or from the school, in any school year;
ii
where the journey is to or from a place outside the British Islands, so much of the expenses as are in respect of a journey between a port, hoverport or airport within the British Islands and that place shall be disregarded;
iii
where the pupil’s expenses are in respect of journeys by air and they are in excess of what they would have been if advantage had been taken of available train, boat or hovercraft services and arrangements for reduced or concessionary fares, the excess shall be disregarded; and
iv
where the journey is to or from a place other than the pupil’s home and his expenses are in excess of what they would have been if the journey had been to or from his home, the excess shall be disregarded;
b
in the case of a pupil who is a weekly boarder no grant shall be payable unless the pupil’s walking distance between home and school exceeds three miles, but in respect of journeys in excess of 50 miles in each direction by any such transport as is mentioned in paragraph (1) account shall be taken of only so much of those expenses as bears to the full amount thereof the same proportion as 50 miles bears to the length in miles of the journey in each direction;
c
in the case of a pupil who is a day pupil no grant shall be payable unless the pupil’s walking distance between home and school exceeds three miles; but where the pupil’s expenses are in respect of journeys in excess of 25 miles in each direction by any such transport as is mentioned in paragraph (1), account shall be taken of only so much of those expenses as bears to the full amount thereof the same proportion as 25 miles bears to the length in miles of the journey in each direction;
d
in the case of any pupil, where the pupil’s expenses are in respect of journeys by public transport and they are in excess of what they would have been if advantage had been taken of available arrangements for season tickets or reduced or concessionary fares, the excess shall be disregarded.
4
A school travel grant shall also be payable in respect of school travel expenditure reasonably incurred in relation to journeys actually made by the pupil in the school year within the British Islands for the purpose of attending a university, college or other establishment of further education at the invitation of the establishment with a view to being admitted to that establishment for the purpose of further education:
Provided that grant shall not be payable in respect of more than three such journeys from the school or from the pupil’s home to such an establishment and three journeys from the establishment to the school or to the pupil’s home in any school year.
5
The amount, if any, of the school travel grant for a school year payable for an assisted pupil shall be determined as follows, by reference to the school travel expenditure for that year in relation to which it is paid and relevant income as respects that pupil –
a
where the relevant income does not exceed £7,595, the school travel grant shall be of an amount equal to that of the school travel expenditure; and
b
in any other case the school travel grant shall be of the amount, if any, by which the school travel expenditure exceeds an amount (rounded down to the nearest multiple of £3) equal to one twelfth of that part of the relevant income which exceeds £7,416.
6
a
The school may, in the course of or immediately before a school year, make payments on account of the grant which it appears to the school will be payable for that year.
b
Where any such payments on account are made, any overpayment or underpayment of grant for the year in question shall, within three months of the final determination of the amount (if any) of the grant, be adjusted by payments between the parents and the school.
Remission of charges for meals
5
Subject to Regulation 6, where the parents of an assisted pupil who is a day pupil satisfy the school at any time during a school year, or the month preceding the beginning of a school year, that they are in receipt of income support under Part II of the Social Security Act 1986 , the school shall remit the whole of any charges which they would otherwise make for meals provided for that pupil –
a
for the whole of that school year, where they are satisfied as aforesaid at or before the beginning thereof, or
b
for the remainder of the school year, where they are so satisfied in the course thereof,
notwithstanding that the parents may cease to be in receipt of income support between the school being so satisfied and the end of the school year in question.
Questions arising under Regulations 3, 4 and 5
6
1
The questions whether or not the parents of an assisted pupil are entitled in or for any school year to any –
a
uniform grant under Regulation 3;
b
school travel grant under Regulation 4, or
c
remission of charges for meals under Regulation 5,
and, in the cases of uniform grant and school travel grant, the amount thereof shall be determined as provided in paragraph (2) in like manner as questions relating to fee remission in that year are determined under the principal Regulations.
2
Regulations 10, 11, 12(2), (3), (4) and (5), 13(1) and 14 of the principal Regulations and Schedule 1 thereto shall apply for the purposes of these Regulations as if any reference therein –
a
to the remission of fees, were a reference to the grants and the remission of charges for meals mentioned in paragraph (1);
b
to remission questions were a reference to the questions so mentioned.
Remission of charges for field study courses
7
1
In this Regulation a field study course means a course of field study (provided by the school or otherwise) which forms part of a normal course of study at a school for the examinations for the General Certificate of Secondary Education, the ordinary or advanced level examinations for the General Certificate of Education or other examinations comparable to any of them, being examinations in –
a
biology;
b
botany;
c
geography;
d
geology;
e
zoology, or
f
any other subject approved for the purposes hereof by the Secretary of State;
and a reference to a relevant examination shall be construed accordingly.
2
A school shall remit the whole of any charges they would otherwise make in respect of the participation in a field study course of a pupil who holds an assisted place thereat if –
a
he is a candidate or prospective candidate for a relevant examination, and
b
his parents are entitled, under Regulation 15 of the principal Regulations, to remission of fees, in whole or in part, for the school year in which the course is held.
General provisions relating to grants and remission of charges
8
1
Where a pupil attended a school before he took up an assisted place thereat then, in pursuance of these Regulations –
a
no grants shall be paid to his parents in respect of expenditure incurred before the date he took up his assisted place;
b
no charges shall be remitted in respect of a period before that date.
2
The parents of an assisted pupil shall not be entitled to any grants in respect of expenditure incurred, or relating to a period, after he has left the school or, if he so remains at the school, after the end of the school year in which he attains the age of 20 years, nor shall they be entitled to any remission of charges for which they are liable (in lieu of notice or otherwise) in respect of such a period.
PART III
REIMBURSEMENT AND ADMINISTRATIVE ARRANGEMENTS
Reimbursement of schools
9
1
The Secretary of State shall reimburse a school the aggregate amount of all grants made and charges remitted in pursuance of these Regulations or regulations revoked by Regulation 11(1).
2
Regulation 17 of the principal Regulations (reimbursement claims) shall apply for the purposes of these Regulations as if any reference therein to fees remitted were a reference to grants made and charges remitted in pursuance of these Regulations.
Time limits and forms
10
The Secretary of State may specify for the purposes hereof the time by which, and the manner and form in which, applications and information requisite for the purposes of these Regulations are to be made or furnished to a school by a parent of an assisted pupil.
PART IV
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation and transitional provisions
11
1
The Regulations specified in the Schedule are hereby revoked.
2
Any reimbursement of grants made or charges remitted in pursuance of regulations revoked by paragraph (1) shall be calculated as if those regulations had not been revoked.


text:
Title, commencement and interpretation
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1989 and shall come into force on 1st April 1989.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment of the principal Order
2
The principal Order is hereby amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition–
“the Council Regulation” means Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 , Council Regulation (EEC) No. 3287/88 , and Council Regulation (EEC) No. 4193/88 ;'.
Revocation
3
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 2) Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
7th March 1989
Peter Walker
Secretary of State for Wales
9th March 1989
Tom King
Secretary of State for Northern Ireland
9th March 1989


text:
Citation and commencement
1
This Order may be cited as the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 and shall come into force on 1st April 1989.
Interpretation
2
1
In this Order–
“the 1971 Act ” means the Fire Precautions Act 1971;
“basement” means a floor (however described) immediately below the ground floor;
“factory premises” means premises constituting, or forming part of, a factory within the meaning of the Factories Act 1961 and premises to which sections 123(1) and 124 of that Act (application to electrical stations and institutions) apply;
“first floor” means the floor above the ground floor;
“office premises”, “railway premises” and “shop premises” mean (respectively, and subject to paragraphs (2) and (3) below) office premises, railway premises and shop premises within the meaning of the Offices, Shops and Railway Premises Act 1963 , and premises deemed to be such premises for the purposes of that Act, other than premises consisting of a covered market place in which shop premises are aggregated.
2
For the purpose of the definition in paragraph (1) above of “railway premises”, any reference in section 1(4) of the Offices, Shops and Railway Premises Act 1963 (which defines “railway premises” in that Act) to a building shall be construed as a reference to a building within the meaning of the 1971 Act, and accordingly the definition of “building” in section 90(1) of the Offices, Shops and Railway Premises Act 1963 shall not have effect for that purpose.
3
In the definition in paragraph (1) above of “shop premises” the reference to a covered market place shall be construed as limited to such a place where a market is held by virtue of a grant from the Crown or of prescription or under statutory authority.
Revocation of designation order
3
The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1976 is hereby revoked.
Designation of uses of factory, office, shop and railway premises
4
Subject to article 7 below, the following uses of premises are hereby designated for the purposes of section 1 of the 1971 Act (which requires fire certificates for premises put to designated uses), that is to say–
a
use as factory premises;
b
use as office premises;
c
use as shop premises; and
d
use as railway premises,
being (in each case) a use of premises in which persons are employed to work.
Premises exempt from requirement for fire certificate
5
1
Notwithstanding the provisions of article 4 above, a fire certificate shall not by virtue of section 1 of the 1971 Act be required for any factory premises, office premises, shop premises or railway premises in which–
a
not more than twenty persons are at work at any one time; and
b
not more than ten persons are at work at any one time elsewhere than on the ground floor of the building constituting or comprising the premises,
unless one or more of the conditions specified in paragraph (2) below applies to the premises.
2
The conditions referred to in paragraph (1) above are–
a
that the premises are in a building containing two or more sets of premises which are put to any of the uses designated by article 4 above and the aggregate of the persons at work at any one time in both or (as the case may be) all those sets of premises exceeds twenty;
b
that the premises are in a building containing two or more sets of premises which are put to any of such uses and in both or (as the case may be) all those sets of premises the aggregate of the persons at work at any one time elsewhere than on the ground floor of the building exceeds ten;
c
that, in the case of factory premises, explosive or highly flammable materials (other than materials of such a kind and in such a quantity that the fire authority have determined that they do not constitute a serious additional risk to persons in the premises in case of fire) are stored or used in or under the premises.
3
Any reference in this article to persons at work is a reference to any of the following persons:
a
an individual who works under a contract of employment or apprenticeship;
b
an individual who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not he employs other persons;
c
a person receiving training provided pursuant to arrangements made (whether before or after the coming into force of section 25 of the Employment Act 1988 ) under section 2 of the Employment and Training Act 1973 .
Premises qualifying for exemption by fire authorities from requirement for fire certificate
6
1
As respects the uses of premises designated by article 4 above, the premises described in paragraphs (2) and (3) below in relation to such a use qualify for exemption by a fire authority under section 5A of the 1971 Act (powers for fire authority to grant exemption in particular cases) from the requirement for a fire certificate in respect of premises which are put to that use.
2
In the case of a use of premises as factory premises, office premises or railway premises, the premises referred to in paragraph (1) above are any premises consisting of or comprised in–
a
the ground floor of a building; or
b
the ground floor and basement of a building; or
c
the ground floor and first floor of a building; or
d
the ground floor, first floor and basement of a building in which the basement is separated from the ground floor by fire-resisting construction.
3
In the case of a use of premises as shop premises, the premises referred to in paragraph (1) above are any premises consisting of or comprised in–
a
the ground floor of a building; or
b
the ground floor and basement of a building in which the basement is separated from the ground floor by fire-resisting construction.
4
For the purposes of paragraphs (2)(d) and (3)(b) above, construction shall be treated as fire-resisting if, and only if, it is of such a nature as to be capable of providing resistance to fire for a period of not less than thirty minutes.
Saving for premises to which regulations apply
7
Nothing in this Order shall have effect in relation to–
a
any railway premises to which regulations under section 12 of the 1971 Act (regulations about fire precautions) for the time being apply; or
b
any premises of a description for the time being specified in any regulations made under the Health and Safety at Work etc. Act 1974 which provide for the issue of fire certificates by the Health and Safety Executive.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
20th January 1989


text:
Title, extent, commencement and interpretation
1
1
This Order may be cited as the Import and Export (Plant Health Fees) (England and Wales) (Amendment) Order 1989, shall apply to England and Wales and shall come into force on 1st September 1989.
2
In this Order“the principal Order ” means the Import and Export (Plant Health Fees) (England and Wales) Order 1988 .
Amendment of the principal Order
2
For Schedules 1 and 2 to the principal Order (fees in respect of export certification and import licensing services) there shall be substituted the provisions of Schedules 1 and 2 to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
25th July 1989
David MacLean
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 1989


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Allt Bail'an Tuim Bhuidhe) Water Order 1989 and shall come into force on 20th October 1989.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plan” means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked “The Highland Regional Council (Allt Bail'an Tuim Bhuidhe) Water Order 1989 Plans and Sections of Works and Plan of Catchment Area”, one copy of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purpose of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking insofar as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of an intake (part of Work No. 3), take water from the stream known as the Allt Bail'an Tuim Bhuidhe in the Inverness District of the Highland Region.
5
1
During the construction of the works, the Council may take from the said Allt Bail'an Tuim Bhuidhe such water as they may require for such construction.
2
After completion of the works the Council shall not —
a
take any water into supply from the said Allt Bail'an Tuim Bhuidhe through a chamber (Work No.2) so as to reduce the rate of flow through the discharge pipe (Work No.4) below 90 cubic metres per day as measured through or over an approved gauge (part of Work No.2);
b
in any one day take into supply from the said Allt Bail'an Tuim Bhuidhe through a chamber (Work No.2) a quantity of water greater than 50 cubic metres per day as measured through or over an approved gauge (part of Work No. 2).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of the deposited plan.
Alasdair C Paton
Deputy Chief Engineer, Scottish Office
Scottish Development Department,
27 Perth Street,
Edinburgh
13th October 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Proposed Further and Higher Education Institutions) Regulations 1989 and shall come into force on 1st September 1989.
2
In these Regulations–
“ the Act ” means the Education Reform Act 1988;
references to a proposed institution are references to an institution of further or higher education proposed to be established by a local education authority which, in the financial year in which it is established, will be required to be covered by a scheme by virtue of section 139(4) of the Act; and
references to schemes are references to schemes for planning and funding locally funded further and higher education prepared by local education authorities under section 139 of the Act.
Temporary governing bodies
2
1
Sections 151 and 152 of the Act (which concern instruments and articles of government for maintained further and higher education institutions) shall have effect in relation to proposed institutions subject to the modifications that–
a
any reference to an institution shall be treated as a reference to a proposed institution; and
b
any reference to the governing body of an institution shall be treated as a reference to the temporary governing body of a proposed institution constituted in accordance with the provisions of those sections as modified by these Regulations and subject, in particular, to paragraph (3) below.
2
The instrument and articles of government required for a proposed institution by those provisions as so modified shall be made by the local education authority not less than six months before the proposed date of establishment of the institution, or within one month of the authority’s decision to establish the institution, if later.
3
The temporary governing body of a proposed institution shall be constituted by the local education authority as soon as is reasonably practicable, and in any event not more than two months after the approval by the Secretary of State of the instrument and articles of government thereof, and in accordance with the provisions of that instrument and those articles, but shall (notwithstanding those provisions) not include–
a
representatives of persons who are to be staff of the proposed institution (other than the person who is to be the principal thereof);
b
representatives of persons who are to be students of the proposed institution (referred to below as “prospective students”); or
c
representatives of persons who are parents of prospective students.
4
The quorum for any meeting of the temporary governing body shall, notwithstanding any provision in the instrument of government, be forty per cent. of the membership thereof, rounded to the nearest whole figure (fractions of half being rounded up).
3
1
Local education authorities shall provide for schemes to cover proposed institutions to be established by them, and such schemes shall, subject to paragraph (2), provide for the delegation to the temporary governing body of any such proposed institution of the management of the institution’s budget share for any financial year before it becomes established, and during any period when such powers are delegated–
a
sections 142, 143, 148, 149 and 150 of the Act shall have effect in relation to such delegation as if references to institutions and to governing bodies were references to proposed institutions and temporary governing bodies; and
b
it shall be for the temporary governing body, and not the local education authority, to determine what staff (both full-time and part-time) are or will be required for the purposes of the proposed institution, and to select all such staff for appointment by the local education authority.
2
The delegation referred to in paragraph (1) above shall only be required in the case of a proposed institution which the local education authority intend to have a full-time equivalent enrolment number for courses of further and higher education of two hundred or more when it is established.
John MacGregor
Secretary of State for Education and Science
8th August 1989
Ian Grist
Parliamentary Under Secretary of State Welsh Office
9th August 1989


text:
1
These Regulations may be cited as the Financial Services (Authorised Unit Trust Scheme) (Certificate of Compliance) Regulations 1989 and shall come into force on 15th September 1989.
2
The Securities and Investments Board shall, in addition to the power exercisable by it under section 78(8) of the Financial Services Act 1986, also have power, exercisable otherwise than on the making of an order under the said section 78, to issue a certificate to the effect that an authorised unit trust scheme complies with the conditions necessary for it to enjoy the rights conferred by Council Directive No. 85/611/EEC co-ordinating the laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
23rd August 1989


text:
Title, commencement, interpretation and revocation
1
1
This Order may be cited as the Medicines (Veterinary Drugs) (Prescription Only) Order 1989 and shall come into force on 1st January 1990.
2
In this Order, unless the context otherwise requires–
a
“the Act” means the Medicines Act 1968;
“controlled drug” has the meaning assigned to it by section 2 of the Misuse of Drugs Act 1971 ;
“dosage unit” means–
where a veterinary drug is in the form of a tablet or capsule or is an article in some other similar pharmaceutical form, that tablet, capsule or other article, or
where a veterinary drug is not in any such form, that quantity of the drug which is used as the unit by reference to which the dose is measured;
“external use” means application to the skin, hair, fur, feathers, scales, hoof, horn, ear, eye, mouth or mucosa of the throat or prepuce, when a local action only is intended and extensive systemic absorption is unlikely to occur;
“intermediate feed” means a medicated feeding stuff sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
“maximum strength” means such of the following as may be specified–
the maximum quantity of a substance by weight or volume contained in a dosage unit of a veterinary drug,
the maximum percentage of a substance contained in a veterinary drug calculated in terms of weight in weight (w/w), weight in volume (w/v), volume in weight (v/w) or volume in volume (v/v), as appropriate, and
the maximum amount of a substance contained in a stated weight of a veterinary drug calculated in terms of international units (iu) of biologically determined potency;
“the Misuse of Drugs Regulations” means, in relation to England, Wales and Scotland, the Misuse of Drugs Regulations 1985 and, in relation to Northern Ireland, the Misuse of Drugs (Northern Ireland) Regulations 1986 ;
“parenteral administration” means administration to an animal by breach of the skin or mucous membrane;
“prescription only medicine” means a medicinal product of a description or falling within a class specified in article 3 and, for the purposes of this Order, does not include “intermediate feed”;
“repeatable prescription” means a prescription which contains a direction that it may be dispensed more than once;
“sell” means sell by retail as defined in section 131 and “sale” has a corresponding meaning;
“soap” means any compound of a fatty acid with an alkali or amine;
“supply” means supply in circumstances corresponding to retail sale as defined in section 131;
“unit preparation” means a preparation, including a mother tincture, prepared by a process of solution, extraction or trituration with a view to being diluted tenfold or one hundredfold, either once or repeatedly, in an inert diluent, and then used either in this diluted form or, where applicable, by impregnating tablets, granules, powders or other inert substances for the purpose of being administered to animals;
“the Veterinary Drugs Exemption Order” means the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) Order 1989 ; and
b
a reference–
i
to a numbered section is to the section of the Act which bears that number,
ii
to a numbered article or Schedule is to the article of, or Schedule to, this Order which bears that number,
iii
in an article or in a Part of a Schedule to a numbered paragraph is to the paragraph of that article or that Part of that Schedule which bears that number, and
iv
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph which bears that letter.
3
In Schedule 1–
a
entries specified in columns 2 and 3 relate to the substances listed in column 1 against which they appear and where, in relation to a particular substance listed in column 1, an entry in column 2 or 3 bears a number or letter it relates only to such entries in the other of those columns as bear the same number or letter;
b
the following abbreviations are used:
“kg” for kilogram
“mg” for milligram
“ppm” for parts per million.
4
The Medicines (Veterinary Drugs) (Prescription Only) Order 1985 is hereby revoked.
Appropriate practitioners
2
For the purposes of section 58 (medicinal products on prescription only) veterinary surgeons and veterinary practitioners shall be appropriate practitioners in relation to all the descriptions and classes of medicinal products specified for the purposes of that section in article 3.
Medicinal products on prescription only
3
1
There are hereby specified descriptions and classes of medicinal products for the purposes of section 58, namely–
a
subject to article 4(1), (2) and (3) veterinary drugs consisting of or containing a substance listed in column 1 of Schedule 1;
b
veterinary drugs that are controlled drugs;
c
subject to article 4(2), veterinary drugs for parenteral administration whether or not they fall within sub-paragraph (a) or (b);
d
veterinary drugs–
i
which are not of a description and do not fall within a class specified in any of sub-paragraphs (a), (b), (c) or (d);
ii
which are of a description in respect of which the conditions specified in section 59(1) are fulfilled, and
iii
in respect of which a product licence is granted after the date of coming into force of this Order containing a provision to the effect that the method of sale or supply of the veterinary drug is to be only in accordance with a prescription given by an appropriate practitioner;
e
medicinal products which are veterinary drugs by reason of their having been sold or supplied for administration to animals and which, prior to such sale or supply, were prescription only medicines as defined in article 1(2) of the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
2
For the purposes of section 59(2)(a) (duration of restrictions for certain new products) the duration shall be a period of five years.
Medicinal products that are not prescription only
4
1
Notwithstanding article 3(1)(a), a veterinary drug in respect of which there has been granted a product licence shall not be a prescription only medicine by reason that it consists of or contains a particular substance listed in column 1 of Schedule 1 where–
a
in relation to that substance there is an entry in one or more of columns 2 and 3;
b
the maximum strength in the drug of that substance does not exceed the maximum strength, if any, specified in column 2; and
c
the veterinary drug is sold or supplied–
i
if a pharmaceutical form or a route of administration is specified in column 3, in such pharmaceutical form, and for administration only by such route, as may be so specified, and
ii
if a use is specified in column 3, in a container or package labelled to show a use so specified to which the veterinary drug is to be put but no use not so specified.
2
Notwithstanding article 3(1)(a) and (c), a veterinary drug for parenteral administration consisting of or containing a substance listed in column 1 of Schedule 2 shall not be a prescription only medicine where the maximum strength of that substance does not exceed the maximum strength, if any, specified in column 2 and the veterinary drug in question is sold or supplied only for the purpose or in the circumstances specified in column 3.
Exemption for medicinal products at high dilutions
5
The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the sale, supply or administration of a veterinary drug which is not for parenteral administration and which consists of or contains, of the substances listed in column 1 of Schedule 1, only one or more unit preparations of such substances, if–
a
each such unit preparation has been diluted to at least one part in a million (6x), and the person selling, supplying or administering the veterinary drug has been requested by or on behalf of a particular person and in that person’s presence to use his own judgment as to the treatment required, or
b
each such unit preparation has been diluted to at least one part in a million (6c).
Exemptions for certain persons
6
1
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply–
a
to the sale or supply by a person listed in column 1 of Part I of Schedule 3, or
b
to the supply by a person listed in column 1 of Part II of Schedule 3, of the prescription only medicines listed in column 2 of Part I or Part II, as the case may be, of Schedule 3 in relation to that person if and so long as the conditions specified in the corresponding paragraphs in column 3 of Part I or Part II, as the case may be, of Schedule 3 are fulfilled.
2
The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration by a person listed in column 1 of Part III of Schedule 3 of the prescription only medicines for parenteral administration listed in column 2 of that Part in relation to that person if and so long as the conditions specified in the corresponding paragraphs in column 3 of that Part are fulfilled.
Exemption in cases involving another’s default
7
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a person who, having exercised all due diligence, believes on reasonable grounds that the product sold or supplied is not a prescription only medicine, where it is due to the act or default of another person that the product is a product to which section 58(2)(a) applies.
Prescriptions
8
1
For the purposes of section 58(2)(a) a prescription only medicine shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless the conditions specified in paragraph (2) are fulfilled.
2
The conditions referred to in paragraph (1) are that the prescription–
a
shall be signed in ink with his own name by the veterinary surgeon or veterinary practitioner giving it;
b
shall, without prejudice to sub-paragraph (a), be written in ink or otherwise so as to be indelible;
c
shall contain the following particulars–
i
the address of the veterinary surgeon or veterinary practitioners giving it,
ii
the appropriate date,
iii
such particulars as indicate whether it is given by a veterinary surgeon or veterinary practitioner, and
iv
the name and address of the person to whom the prescription only medicine is to be delivered and a declaration by the veterinary surgeon or veterinary practitioner giving it that the prescription only medicine is prescribed for an animal or herd under his care;
d
shall not be dispensed after the end of the period of six months from the appropriate date, unless it is a repeatable prescription in which case it shall not be dispensed for the first time after the end of that period nor otherwise than in accordance with the direction contained in the repeatable prescription;
e
in the case of a repeatable prescription that does not specify the number of times it may be dispensed, shall not be dispensed on more than two occasions.
3
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to a sale or supply of a prescription only medicine which is not in accordance with a prescription given by an appropriate practitioner by reason only that a condition specified in paragraph (2) is not fulfilled, where the person selling or supplying the prescription only medicine, having exercised all due diligence, believes on reasonable grounds that the condition is fulfilled in relation to that sale or supply.
4
In paragraph (2) “the appropriate date” means the date on which the prescription was signed by the veterinary surgeon or veterinary practitioner giving it.
Defences
9
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by an appropriate practitioner in accordance with a forged prescription where the appropriate practitioner, having exercised all due diligence, believes on reasonable grounds that the prescription is genuine.
Transitional provision
10
Where, immediately before the coming into force of this Order, the restrictions imposed by section 58 applied to the sale, supply or administration of a veterinary drug of a particular description by reason that the veterinary drug fell within the class specified in article 3(1)(e) (certain new products) of the Medicines (Veterinary Drugs) (Prescription Only) Order 1985 those restrictions shall continue to apply to veterinary drugs of that description as though article 3(1)(e) and (2) of that Order had remained in force.
Kenneth Clarke
Secretary of State for Health
8th December 1989
Sanderson of Bowden
Secretary of State for Scotland
7th December 1989
Peter Walker
Secretary of State for Wales
8th December 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1989.
John Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 8th December 1989.
J. J. M. Harbison
Under Secretary, on behalf of the Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th December 1989.
W. J. Hodges
Permanent Secretary