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PART I
GENERAL
Citation, commencement and revocation
1
1
These Regulations may be cited as the Measuring Instruments (EEC Requirements) Regulations 1988 and shall come into force on 14th March 1988.
2
The Regulations specified in the first column of Schedule 6 hereto are hereby revoked to the extent specified in the second column of that Schedule.
Interpretation and extent
2
1
In these Regulations–
“ the Act ” means the Weights and Measures Act 1985;
“ballast” means any of the materials to which the expression ballast applies in Schedule 4 to the Act;
“chief inspector” means a chief inspector of weights and measures appointed or deemed to have been appointed under section 72 of the Act;
“the Directive on medium accuracy bar weights and cylindrical weights” means Council Directive No. 71/317/EEC ;
“the Directive on meters for liquids other than water” means Council Directive No. 71/319/EEC ;
“the Directive on the measuring of the standard mass per storage volume of grain” means Council Directive No. 71/347/EEC ;
“the Directive on ancillary equipment for meters for liquids other than water” means Council Directive No. 71/348/EEC ;
“the Directive on non-automatic weighing machines” means Council Directive No. 73/360/EEC , as amended by Commission Directive No. 82/622/EEC ;
“the Directive on material measures of length” means Council Directive No. 73/362/EEC , as amended by Council Directive No. 78/629/EEC and Commission Directive No. 85/146/EEC ;
“the Directive on above-medium accuracy weights” means Council Directive No. 74/148/EEC ;
“the Directive on cold-water meters” means Council Directive No. 75/33/EEC ;
“the Directive on continuous totalising weighing machines” means Council Directive No. 75/410/EEC ;
“the Directive on measuring systems for liquids other than water” means Council Directive No. 77/313/EEC , as amended by Commission Directive No. 82/625/EEC ;
“the Directive on automatic checkweighing and weight grading machines” means Council Directive No. 78/1031/EEC ;
“the Directive on hot-water meters” means Council Directive No. 79/830/EEC ;
“the Directive on tyre pressure gauges for motor vehicles” means Council Directive No. 86/217/EEC ;
“inspector” means an inspector of weights and measures appointed or deemed to have been appointed under section 72 of the Act;
“instrument” includes ancillary equipment;
“local weights and measures authority”, in relation to any functions under these Regulations of any such authority which are for the time being the subject of any arrangements made by such authority for the discharge of any of its functions by another local authority, includes the authority by whom those functions fall to be exercised under the arrangements;
“manufacturer”, where more than one person is responsible for the manufacture of an instrument, means the person responsible for the final stage of manufacture;
“meter measuring system” means a meter measuring system to which the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983 apply, being a measuring system to which the requirements of item 2.2 of the Annex to the Directive on measuring systems for liquids other than water apply;
“nominated local weights and measures authority” means a local weights and measures authority nominated by the Secretary of State for the purposes of Regulations 13(9), 21(8) and 25(5) of these Regulations;
“ the Order ” means the Weights and Measures (Northern Ireland) Order 1981 ;
“road tanker” has the same meaning as it has in the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983; and
“use for trade”, in relation to any measuring instrument, has the same meaning as it has in section 7 of the Act in relation to weighing or measuring equipment within the meaning of the Act, subject however to the addition at the end of subsection (3)( a ) of the said section 7 of the words “and any member State other than the United Kingdom”.
2
These Regulations have effect, so far as necessary for the purpose of their application to systems to which the Directive on measuring systems for liquids other than water applies, as if any reference to an instrument or to a category of instruments included a reference to any such systems or components of such systems.
3
In these Regulations “the relevant Directive” means in the case of a category of instruments to which these Regulations apply by virtue of Regulation 3 below, the Directive mentioned as applying to that category in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l) or (m) of that Regulation.
4
Subject to the provisions set out in Schedule 5 hereto, these Regulations shall extend to Northern Ireland.
Application of these Regulations
3
These Regulations apply to instruments or systems of the following categories only:
a
instruments of a category to which the Directive on medium accuracy bar weights and cylindrical weights applies;
b
instruments of a category to which the Directive on meters for liquids other than water applies;
c
instruments of a category to which the Directive on the measuring of the standard mass per storage volume of grain applies;
d
instruments of a category to which the Directive on ancillary equipment for meters for liquids other than water applies;
e
instruments of a category to which the Directive on non-automatic weighing machines applies;
f
instruments of a category to which the Directive on material measures of length applies;
g
instruments of a category to which the Directive on above-medium accuracy weights applies;
h
instruments of a category to which the Directive on cold-water meters applies;
i
instruments of a category to which the Directive on continuous totalising weighing machines applies;
j
systems, and components of such systems, of a category to which the Directive on measuring systems for liquids other than water applies;
k
instruments of a category to which the Directive on automatic check-weighing and weight grading machines applies;
l
instruments of a category to which the Directive on hot-water meters applies; and
m
instruments of a category to which the Directive on tyre pressure gauges for motor vehicles applies.
Pattern approval and initial verification: the EEC signs and marks
4
1
The EEC signs and marks referred to in these Regulations are the signs and marks described in Schedule 1 to these Regulations, which relate to EEC pattern approval and EEC initial verification.
2
In these Regulations, references to an EEC sign or mark of a description mentioned in column 1 below are references to the sign or mark described in the paragraph of Schedule 1 to these Regulations specified in column 2 below in relation to that sign or mark.
EEC sign or mark Paragraph of Schedule 1 describing the sign or mark
The sign of EEC pattern approval Paragraph 1 The sign of EEC limited pattern approval Paragraph 2 The sign of exemption from EEC pattern approval Paragraph 3 The sign of EEC pattern approval and exemption from EEC initial verification Paragraph 4 The mark of EEC initial verification Paragraph 5 The mark of EEC partial verification Paragraph 6
3
In these Regulations, references to the United Kingdom version of a sign or mark mentioned in column 1 of paragraph (2) above are references–
a
to the sign or mark appropriate, in accordance with the provisions of Schedule 1 to these Regulations, for an EEC pattern approval granted or (as the case may be) an EEC initial verification carried out in the United Kingdom; or
b
in the case of the sign of exemption from EEC pattern approval, to the sign appropriate, in accordance with paragraph 3 of that Schedule, for an instrument constructed in the United Kingdom and exempt from EEC pattern approval.
Purpose of use for trade
5
No person shall use for trade for the purpose of weighing any material other than ballast a beltweigher in accuracy Class 2 within the meaning of the Directive on continuous totalising weighing machines which bears the mark of EEC initial verification.
PART II
EXEMPTION OF INSTRUMENTS BEARING CERTAIN EEC SIGNS AND MARKS FROM LEGAL RESTRICTIONS IN THE UNITED KINGDOM
6
1
Section 8(1)(b) of the Act (prohibition on use for trade of any weight not included in Schedule 3 to the Act) shall not apply to a weight of 50 kilograms which bears the mark of EEC initial verification.
2
Section 11(2) of the Act (prohibition on the use for trade etc. of weighing or measuring equipment of a class or discription prescribed under section 11 without its having been passed as fit for such use) shall not apply to any instrument which bears either —
a
the sign of EEC pattern approval and exemption from EEC initial verification, or
b
the mark of EEC initial verification:
Provided that the foregoing provisions of this paragraph shall not apply to an instrument of a category to which the Directive on non-automatic weighing machines applies of a class of ordinary accuracy bearing the identifying symbol
for the purpose of weighing any material other than ballast.
3
An instrument (including any weight) which bears the sign or mark mentioned in paragraph (2) above shall not be found false or unjust fotthe purposes of section 17 (1) of the Act (prohibition on use for trade etc. of any weighing or measuring equipment which is false or unjust) by reason solely of any inaccuracy in the functioning of the instrument, if the error in question is not such as to permit the obliteration of the sign or mark under Regulation 21(1)(a) below.
4
Regulation 67 of the Weights and Measures Regulations 1963 (requirement that weighing instruments used in transactions in certain higher priced commodities shall be instruments of certain categories) shall not apply to any instrument used in any of the transactions therein set out–
a
of a category to which the Directive on non-automatic weighing machines applies,
b
which bears the mark of EEC initial verification, and
c
of a class of special accuracy or high accuracy bearing the identifying symbol or respectively.
5
This Regulation only applies if the sign or mark remains undefaced otherwise than by reason of fair wear and tear.
PART III
EEC PATTERN APPROVAL AND INITIAL VERIFICATION IN THE UNITED KINGDOM
Introductory
7
1
This Part of these Regulations contains provisions with respect to the grant, extension and revocation of EEC pattern approval in the United Kingdom and the carrying out of EEC initial verification in the United Kingdom and generally with respect to the application in the United Kingdom of the EEC signs and marks.
2
The following Table indicates, in relation to each Directive mentioned in Regulation 3 above, whether it provides for both pattern approval and initial verification, or just one of them, in relation to instruments of a category to which it applies:
TABLE
Directive Whether it provides for pattern approval or initial verification, or both Pattern Approval Initial Verification
The Directive on medium accuracy bar weights and cylindrical weights No Yes The Directive on meters for liquids other than water Yes Yes The Directive on the measuring of the standard mass per storage volume of grain Yes Yes The Directive on ancillary equipment for meters for liquids other than water Yes Yes The Directive on non-automatic weighing machines Yes, except for machines exempted under section 13 of the Annex to the Directive Yes The Directive on material measures of length Yes Yes The Directive on above-medium accuracy weights No Yes The Directive on cold-water meters Yes Yes The Directive on continuous totalising weighing machines Yes Yes The Directive on measuring systems for liquids other than water Yes, for those systems specified in 3.1.1 of the Annex to the Directive Yes The Directive on automatic checkweighing and weight grading machines Yes Yes The Directive on hot-water meters Yes Yes The Directive on tyre pressure gauges for motor vehicles Yes Yes
EEC pattern approval
8
1
Where–
a
any pattern of instrument is submitted to the Secretary of State for the purpose by the manufacturer or his authorised representative; and
b
the Secretary of State has the necessary equipment available or it can be made available to him by the applicant in accordance with paragraph 2(3) of Schedule 2 to these Regulations,
the Secretary of State shall conduct an examination; and if the Secretary of State is satisfied that the pattern conforms to the requirements of the relevant Directive, he shall, subject to the provisions of this Regulation, grant EEC pattern approval of that pattern and issue a certificate in respect thereof.
2
Where EEC pattern approval granted under this Regulation is in force in respect of a pattern of instrument, the manufacturer or his authorised representative may apply for approval of modifications or additions to the approved pattern; and on any such application the Secretary of State shall conduct an examination of the pattern of instrument with the modifications or additions proposed, and if he is satisfied that the pattern with those modifications or additions conforms to the requirements of the relevant Directive he shall, subject to the provisions of this Regulation, grant EEC pattern approval of that pattern with those modifications or additions and issue a certificate in respect thereof.
3
The Secretary of State shall not grant EEC pattern approval under paragraph (1) or paragraph (2) of this Regulation in respect of any pattern of instrument unless he is satisfied that no application for EEC pattern approval has been made by or on behalf of the manufacturer in any other member State in respect of that pattern.
4
The Secretary of State shall cause particulars of any EEC pattern approval granted under this Regulation to be published.
5
Subject to any restrictions imposed under Regulation 9 below, EEC pattern approval shall be valid for a period of ten years and its validity may be extended for successive periods of ten years:
Provided that its validity shall not be extended after the date of the entry into force of any amendment to the relevant Directive where it could not have been granted on the basis of that amendment.
6
If the Secretary of State refuses to grant EEC pattern approval under this Regulation or to extend the period of validity of EEC pattern approval, he shall give to the applicant a statement in writing of his reasons for the refusal.
7
Schedule 2 to these Regulations shall apply for regulating the conduct in the United Kingdom of EEC pattern approval.
8
Where in accordance with Schedule 2 to these Regulations a certificate of EEC pattern approval in respect of any pattern of instrument varies or disapplies any requirement of the relevant Directive, references in these Regulations (however expressed) to the requirements of the relevant Directive shall be construed, in relation to instruments of that pattern, as references to those requirements with appropriate variations and omissions; and where in accordance with that Schedule a certificate of EEC pattern approval imposes any requirements or restrictions in addition to those of the relevant Directive, references in these Regulations to conformity to the pattern shall be construed, in relation to instruments of that pattern, as including references to conformity to those requirements or restrictions.
9
1
Where new techniques which are not provided for in the relevant Directive are employed, but the maximum permissible errors laid down by the relevant Directive are not exceeded, EEC pattern approval may be granted, but the initial period of validity of EEC pattern approval granted by virtue of this Regulation shall be restricted to a period of two years or less, and only one extension of that period, for a period of three years, may be granted.
2
EEC pattern approval granted by virtue of this Regulation may be subject to any one or more of the following conditions–
a
a condition limiting the number of instruments which may be submitted for initial verification by reference to the pattern in question;
b
a condition requiring written notice of the place of installation to be given to the competent authorities of member States in which instruments of the pattern in question are to be installed;
c
a condition limiting the use of instruments of the pattern in question;
d
a special condition with respect to the techniques used.
EEC limited pattern approval
10
Where EEC pattern approval is granted or extended (whether under these Regulations or by any member State other than the United Kingdom) subject to any restriction on its initial period of validity or (as the case may be) on the period of extension or to any such condition as is mentioned in Regulation 9(2) above, the pattern approval is a limited pattern approval and is hereafter in these Regulations referred to as such; but references in these Regulations to EEC pattern approval include references to EEC limited pattern approval, unless the context otherwise requires.
Revocation of EEC pattern approval
11
1
Subject to the provisions of this Regulation, the Secretary of State may, after consultation with such persons appearing to him to be interested as he thinks fit, revoke any pattern approval granted under these Regulations.
2
A pattern approval may be revoked on any one or more of the following grounds, that is to say–
a
if instruments constructed according to the pattern in question reveal in service a defect of a general nature which makes them unsuitable for their intended use;
b
if instruments which are exempt from EEC initial verification on the basis that they are constructed in accordance with the pattern to which that pattern approval relates do not conform to the pattern in question or do not conform to the requirements of the relevant Directive;
c
if the metrological requirements specified in the certificate of pattern approval are not satisfied;
d
if the Secretary of State is satisfied that it was improperly procured;
e
if any condition imposed under Regulation 9(2) above is contravened;
f
if a statistical check by attributes carried out under paragraph 5 of Schedule 3 to these Regulations relating to material measures of length results in frequent rejection of lots in accordance with point 11(3) in the Annex to the Directive on material measures of length, and no improvement of the quality level is found once the shortcoming has been brought to the attention of the holder of the EEC pattern approval.
3
The Secretary of State shall cause notice of any revocation of a pattern approval under this Regulation to be published.
4
If the Secretary of State revokes a pattern approval he shall give a statement in writing of his grounds for doing so to any person appearing to him to be concerned.
Application of EEC signs relating to pattern approval or exemption from pattern approval
12
1
Where an EEC pattern approval (whether granted under these Regulations or by any member State other than the United Kingdom) is in force in respect of any pattern of instrument, and EEC initial verification is not required by the relevant Directive for instruments of the category to which it belongs, the manufacturer shall cause the sign of EEC pattern approval and exemption from initial verification to be affixed to instruments conforming to the approved pattern.
2
Where an EEC pattern approval (whether granted under these Regulations or by any member State other than the United Kingdom) is in force in respect of any pattern of instrument, but instruments of the category to which it belongs are required by the relevant Directive to be submitted for EEC initial verification, the manufacturer may or, if the relevant Directive so requires, shall cause the sign of EEC pattern approval to be affixed to instruments conforming to the approved pattern.
3
Where the relevant Directive provides that a category of instruments to which it applies shall not be subject to EEC pattern approval, the manufacturer may, but need not, cause the United Kingdom sign of exemption from EEC pattern approval to be affixed to instruments of that category.
4
Any sign affixed in accordance with this Regulation shall be affixed at a visible point on the instrument and must be legible and indelible.
EEC initial verification
13
1
An application for consideration of any instrument (other than an instrument to which paragraph (9) below applies) for EEC initial verification shall be made to an inspector in such manner as the local weights and measures authority may direct.
2
The inspector shall determine–
a
whether the instrument belongs to a category exempt from EEC pattern approval and, if so, whether it conforms to the requirements of the relevant Directive;
b
where EEC pattern approval is required for instruments of the category in question, whether an EEC pattern approval is in force in respect of the instrument and, if so, whether it conforms to the approved pattern and to the requirements of the relevant Directive.
3
Where the inspector is satisfied–
a
that the instrument conforms to the requirements of the relevant Directive; and
b
where EEC pattern approval is required for instruments of the category in question, that an EEC pattern approval is in force in respect of the instrument and that the instrument conforms to the approved pattern;
he shall cause to be affixed to the instrument the United Kingdom mark of EEC initial verification or the United Kingdom mark of EEC partial verification as the case may require, and shall at the same time cause to be applied any seals required by the relevant Directive to be applied in connection with initial verification.
4
If the inspector refuses to cause any EEC mark to be affixed to an instrument he shall give to the applicant a statement in writing of his reasons for the refusal.
5
Each inspector shall keep a record of all tests and examinations carried out by him under this Regulation.
6
Where an EEC pattern approval is subject to a condition limiting the number of instruments which may be submitted for initial verification by reference to the pattern in question, a person who makes an application, or causes or permits the making of an application, which if granted would contravene the condition, shall be guilty of an offence unless it is shown that he did not know, and had no reason to believe, that it would or might contravene the condition.
7
Schedule 3 to these Regulations shall apply for regulating the conduct in the United Kingdom of EEC initial verification.
8
In this Regulation and in Schedule 3 to these Regulations references to affixing a mark to an instrument include references to affixing a mark on any container, packaging or other thing associated with an instrument where that is authorised or required by the relevant Directive; and references in these Regulations to an instrument bearing a mark shall be construed as including references to an instrument to which a mark has been applied by being so affixed (whether under these Regulations or under the law applicable in any member State other than the United Kingdom).
9
In the case of–
i
meters for pressurised liquefied gas to which the Directive on meters for liquids other than water applies;
ii
an instrument of a category to which the Directive on the measuring of the standard mass per storage volume of grain applies;
iii
a measure of length in class I within the meaning of the Directive on material measures of length;
iv
a weight of a category to which the Directive on above-medium accuracy weights applies;
v
a pressurised liquefied gas measuring system of a category to which the Directive on measuring systems for liquids other than water applies;
vi
an instrument of a category to which the Directive on non-automatic weighing machines applies of a class of special accuracy or high accuracy bearing the identifying symbol
or
respectively;
the application for EEC initial verification shall be made to the Secretary of State or to an inspector of a nominated local weights and measures authority, and the preceding provisions of this Regulation and the provisions of Schedule 3 to these Regulations shall have effect as if references to an inspector and to the local weights and measures authority included references to the Secretary of State.
14
1
An inspector shall not test or examine a meter measuring system in accordance with Regulation 13 above where an occurrence of the type mentioned in Regulation 23 below has occurred, unless having tested the operation of the meter and gas separator, he concludes that further testing or examination of the accuracy of the system is necessary.
2
An inspector shall not test or examine a meter measuring system in accordance with Regulation 13 above where an occurrence of the type mentioned in Regulation 24 below has occurred; in such a case he shall test or examine the system in such a way as he considers appropriate to establish the correct operation of its parts affected by the occurrence or, where appropriate, their replacements.
PART IV
SUPPLEMENTARY PROVISIONS
Interpretation of Part IV
15
In this Part of these Regulations–
“occupier”, in relation to any stall, vehicle, ship or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, ship or aircraft or, as the case may be, the person for the time being using that place for that purpose;
“premises” includes any place and any stall, vehicle, ship or aircraft; and
“ship” includes any boat and any other description of vessel used in navigation.
Enforcement of conditions applicable to EEC limited pattern approval
16
Where an EEC limited pattern approval is subject to one or more of the following conditions, that is to say–
a
a condition requiring written notice of the place of installation to be given to the competent authorities of member States in which instruments of the pattern in question are to be installed;
b
a condition limiting the use of instruments of the pattern in question;
c
a special condition with respect to the techniques used;
any person who, knowing that any such condition applies to any instrument–
i
uses for trade, or causes or permits any other person so to use, that instrument knowing that notice has not been given as required by the condition mentioned in paragraph (a) above or (as the case may be) in contravention of a condition mentioned in paragraph (b) or (c) above; or
ii
disposes of the instrument to any other person in a state in which it could be used for trade without informing that person of the condition,
shall be guilty of an offence, and the instrument shall be liable to be forfeited.
Effect of revocation of EEC pattern approval
17
1
Where an EEC pattern approval is revoked, whether under these Regulations or by any member State other than the United Kingdom, any person who, knowing that the pattern approval has been revoked, uses for trade, or has in his possesion for such use, or causes or permits any other person so to use, an instrument of the pattern in question bearing any EEC sign or mark related to that pattern approval, or disposes of any such instrument to any other person in a state in which it could be so used without informing that other person of the revocation, shall be guilty of an offence, and the instrument shall be liable to be forfeited.
2
Paragraph (1) above does not apply if any such sign or mark on the instrument has been obliterated under Regulation 21 below.
3
For the purposes of this Regulation and Regulations 18 and 21 below, an EEC sign or mark shall be regarded as related to a pattern approval if it is a sign framed by reference to that pattern approval or a mark of EEC initial verification which was affixed by reference to conformity to the pattern which was the subject of that pattern approval.
4
Where any instrument is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be deemed for the purposes of any proceedings for an offence under this Regulation, unless the contrary is proved, to have that instrument in his possession for use for trade.
5
A certificate by the Secretary of State stating that an EEC pattern approval granted by any member State other than the United Kingdom has been revoked and thereby ceased to have effect on a date specified shall be conclusive as to the matters certified in any proceedings for an offence under this Regulation.
Effect of non-extension of EEC pattern approval
18
Where an EEC pattern approval, whether granted under these Regulations or by any member State other than the United Kingdom, is not extended–
a
these Regulations shall, in relation to any instrument of the pattern in question which was used for trade before the pattern approval ceased to have effect, apply as if the pattern approval had continued in force;
b
the manufacturer of any instrument of the pattern in question, bearing any EEC sign or mark related to that pattern approval, which has not been used for trade shall be guilty of an offence if, after the pattern approval has ceased to have effect, he disposes of the instrument to any other person, and the instrument shall be liable to be forfeited.
Temporary prohibition of sale or use
19
1
Where the Secretary of State is satisfied that instruments constructed according to a pattern in respect of which an EEC pattern approval granted by a member State other than the United Kingdom is in force reveal in service a defect of a general nature which makes them unsuitable for their intended use, he may issue a prohibition notice under this Regulation with respect to instruments of that pattern.
2
Where the Secretary of State is satisfied, in the case of any instruments which are exempt from EEC initial verification on the basis that they are constructed in accordance with a pattern to which an EEC pattern approval granted by a member State other than the United Kingdom relates, that they do not conform to the pattern in question or do not conform to the requirements of the relevant Directive, he may by notice require the manufacturer to ensure that any such instrument shall thereafter conform to that pattern or those requirements, or both, as the case may require; and if the manufacturer fails to comply with the notice within such period of time as may appear to the Secretary of State to be reasonable, the Secretary of State may issue a prohibition notice under this Regulation with respect to instruments of the pattern in question.
3
Regulation 17 above shall apply, with the necessary modifications, so long as a prohibition notice issued under this Regulation is in force with respect to instruments of any pattern, as it applies in a case where pattern approval is revoked by the Secretary of State.
4
A prohibition notice under this Regulation shall give particulars of the pattern to which it relates.
5
The Secretary of State may withdraw a prohibition notice at any time.
6
If The Secretary of State issues a prohibition notice under this Regulation he shall give a statement in writing of his grounds for doing so to any person appearing to him to be concerned.
7
The Secretary of State shall cause to be published–
a
any prohibition notice issued under this Regulation; and
b
notice of withdrawal of any such prohibition notice.
Re-testing after dismantling
20
1
Where in the case of any instrument bearing the mark of EEC initial verification–
a
the verification of the instrument was carried out, whether under these Regulations or in any member State other than the United Kingdom in two or more stages; and
b
since the mark was affixed to the instrument (within the meaning of Schedule 3 to these Regulations) the instrument has been dismantled and reinstalled, whether in the place of original installation or in some other place;
the instrument shall not be used for trade after being so reinstalled until initial verification has again been carried out.
2
If any person knowingly uses an instrument in contravention of paragraph (1) above, or knowingly causes or permits any other person so to use it, or , knowing that initial verification of the instrument is required by that paragraph to be again carried out, disposes of it to some other person without informing him of that requirement, he shall be guilty of an offence, and the instrument shall be liable to be forfeited.
3
A certificate by the Secretary of State stating that EEC initial verification of an instrument was carried out in any member State other than the United Kingdom in two or more statges shall be conclusive as to the matter certified in any proceedings for an offence under this Regulation.
4
This Regulation shall not apply in the case of an instrument if a certificate of EEC pattern approval in force in respect of instruments of the pattern in question authorises instruments of that pattern to be dismantled, provided that any conditions imposed by the certificate are satisfied.
Obliteration of EEC signs and marks
21
1
An inspector may obliterate any EEC sign or mark if he is satisfied–
a
that the instrument bearing the sign or mark falls outside the relevant limits of error for instruments of the category to which it belongs; or
b
that the instrument does not comply in any other respect with the requirements of the relevant Directive.
2
In paragraph (1) above “the relevant limits of error” means the maximum permissible errors laid down by the relevant Directive for instruments in service or, if the relevant Directive does not specify maximum permissible errors for instruments in service, the maximum permissible errors laid down for instruments of the category in question by Schedule 4 to these Regulations.
3
Where the sole ground for obliterating any EEC sign or mark under paragraph (1) above is that given in sub-paragraph (a) of that paragraph, the inspector may, instead of immediately obliterating the sign or mark, serve upon the person in possession of the instrument a notice requiring him to ensure that the instrument is brought within the limits of error there mentioned before the expiry of twenty-eight days or such shorter period as may be specified in the notice.
4
If a notice given under paragraph (3) above is not complied with the inspector shall obliterate the sign or mark in question.
5
Without prejudice to paragraph (1) above, an inspector may, at the request of any person appearing to him to be the owner of an instrument, obliterate any EEC sign or mark on the instrument which is related to an EEC pattern approval (whether granted under these Regulations or by any member State other than the United Kingdom) which the inspector is satisfied has ceased to have effect.
6
Subject to paragraph (7) below, obliteration under this Regulation shall be carried out by the inspector by means of punches or pincers of a six-pointed star design as shown in the following illustration:–
7
Paragraph (6) above shall not apply where in the opinion of the inspector it would be impossible to obliterate any EEC sign or mark by the method there specified; and in any such case obliteration shall be carried out in such other manner as the Secretary of State may direct, whether generally or in relation to signs or marks of any particular description.
8
In the case of an instrument to which Regulation 13(9) above applies the preceding provisions of this Regulation (other than paragraph (5)) shall have effect as if references to an inspector were references to the Secretary of State or to an inspector of a nominated local weights and measures authority.
22
For the purposes of these Regulations, the obliteration, destruction or defacement of any one EEC mark on any meter measuring system shall be deemed to be the obliteration of all other EEC marks on that system, except where the mark has been lawfully obliterated under Regulation 23 or 24 below.
Lawful use for trade of meter measuring systems where marks of EEC initial verification destroyed, obliterated or defaced
23
1
It shall be lawful to destroy, obliterate or deface a mark of EEC initial verification on a meter measuring system, and it shall not be a contravention of section 11(2) of the Act to use such equipment for trade during the relevant period by reason only that such a mark on it has been lawfully destroyed, obliterated or defaced (such destruction, obliteration or defacement being in this Regulation referred to as “the occurrence”) if–
a
the person responsible for the occurrence is, or is the duly authorised agent of, the proprietor of the equipment or a person who is the manufacturer, or is regularly engaged in the repair, of equipment for measuring liquid fuel;
b
the occurrence was confined to the mark protecting the joint between the gas separator and its vent pipe;
c
the occurrence was only to permit the installation of a meter and gas separator bearing undefaced marks, such meter and gas separator having previously had affixed to them the mark of EEC initial verification either as part of that meter measuring system or another of exactly the same pattern delivering the same liquid fuel; and
d
notification in writing complying with paragraph (2) below of the occurrence has been given by the proprietor of the equipment or his duly authorised agent before the occurrence to the chief inspector for the area in which the equipment is situated.
2
The notification referred to in paragraph (1) above shall contain the following information–
a
the location of, and particulars by which, the road tanker may be identified;
b
the place where the tanker may be inspected;
c
the intended date of the occurrence;
d
the business name and address of the proprietor or other person referred to in paragraph (1)(a) above; and
e
the name and address of the person giving the notification.
3
In paragraph (1) above “relevant period” means a period of 7 days beginning with the day on which the notification referred to in that paragraph is given in accordance with that paragraph.
24
1
It shall be lawful to destroy, obliterate or deface a mark of EEC initial verification on a meter measuring system, and it shall not be a contravention of section 11(2) of the Act to use such equipment for trade during the relevant period by reason only that such a mark on it has been lawfully destroyed, obliterated or defaced (such destruction, obliteration or defacement being in this Regulation referred to as “the occurrence”) if–
a
the person responsible for the occurrence is, or is the duly authorised agent of, the proprietor of the equipment or a person who is the manufacturer, or is regularly engaged in the repair, of equipment for measuring liquid fuel;
b
the occurrence was confined to the stamp protecting the ticket printing mechanism;
c
after the occurrence access cannot be gained to the calibration mechanism of the meter; and
d
notification in writing complying with paragraph (2) below of the occurrence has been given by the proprietor of the equipment or his duly authorised agent before the occurrence to the chief inspector for the area in which the equipment is situated.
2
The notification referred to in paragraph (1) above shall contain the following information–
a
the location of, and particulars by which, the road tanker may be identified;
b
the place where the tanker may be inspected;
c
the intended date of the occurrence;
d
the business name and address of the proprietor or other person referred to in paragraph (1)(a) above; and
e
the name and address of the person giving the notification.
3
In paragraph (1) above “relevant period” means a period of 28 days beginning with the day on which the notification referred to in that paragraph is given in accordance with that paragraph.
Unauthorised application of EEC signs and marks etc.
25
1
Subject to paragraph (2) below, any person who, in the case of any instrument–
a
not being an inspector or a person acting under the authority of an inspector, marks in any manner any plug, seal or plate used or designed for use for the reception of any EEC mark; or
b
not being a manufacturer authorised or required to do so under any provision of these Regulations, or the duly authorised agent of any such manufacturer, marks any such instrument with any EEC sign; or
c
forges, counterfeits or, except in accordance with Regulation 21 above, in any way alters or defaces any EEC sign or mark; or
d
removes any EEC sign or mark and inserts it into any other instrument; or
e
makes any alteration in the instrument after any EEC sign or mark has been applied to it in accordance with these Regulations, so that it no longer complies with the requirements of the relevant Directive;
shall be guilty of an offence.
2
A person shall not be guilty of an offence under paragraph (1) above by reason solely of the destruction or obliteration of any sign, mark, plug, seal or plate in the course of the adjustment or repair of any instrument by, or by the duly authorised agent of, a person who is a manufacturer of, or regularly engaged in the business of repairing, instruments.
3
Any person who uses for trade, sells or exposes or offers for sale any instrument which to his knowledge–
a
bears any EEC sign or mark which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than under Regulation 21 above or as permitted by virtue of paragraph (2) above; or
b
does not comply with the requirements of the relevant Directive by reason of any alteration made in it after any EEC sign or mark was applied to it in accordance with these Regulations;
shall be guilty of an offence.
4
Any instrument in respect of which an offence under this Regulation was committed, and any implement used in the commission of the offence, shall be liable to be forfeited.
5
In the case of an instrument to which Regulation 13(9) above applies this Regulation shall have effect as if the references in paragraph (1)(a) above to an inspector were references to the Secretary of State or to an inspector of a nominated local weights and measures authority.
Powers of inspection and entry
26
1
Subject to the production if so requested of his credentials, an inspector may, within the area for which he was appointed inspector, at all reasonable times–
a
inspect and test any instrument;
b
enter any premises at which he has reasonable cause to believe there to be any instrument, not being premises used only as a private dwelling house.
2
Subject to the production if so requested of his credentials, an inspector may at any time, within the area for which he was appointed inspector, seize and detain any article which he has reasonable cause to believe is liable to be forfeited under these Regulations.
3
If a justice of the peace, by information on oath–
a
is satisfied that there is reasonable ground to believe that any such instrument or article as is mentioned in paragraph (1) or (2) above is on any premises, or that any offence under these Regulations has been, is being or is about to be committed on any premises; and
b
is also satisfied either–
i
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent;
the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an inspector to enter the premises, if need be by force.
In the application of this paragraph to Scotland, the expression “a justice of the peace” shall be construed as including the sheriff.
4
An inspector entering any premises by virtue of this Regulation may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under paragraph (3) above, being premises which are unoccupied or the occupier of which is temporarily absent, he shall leave them as effectively secured against trespassers as he found them.
5
If any inspector or other person who enters any work-place by virtue of this Regulation discloses to any person any information obtained by him in the work-place with regard to any secret manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
6
Nothing in this Regulation shall authorise any inspector to stop any vehicle on a highway.
7
In this Regulation “credentials” means authority in writing from a local weights and measures authority for the exercise by an inspector of the powers conferred by this Regulation.
8
For the purposes of paragraphs (1)(b) and (3) of this Regulation an instrument means an instrument which is, or which the inspector has reasonable cause to believe to be–
a
used for trade, or in the possession of any person or on any premises for such use; or
b
intended for despatch to another member State.
Obstruction of inspectors
27
1
Any person who–
a
wilfully obstructs an inspector acting in the execution of any provision of these Regulations; or
b
without reasonable cause fails to give any inspector acting as aforesaid any assistance or information which the inspector may reasonably require of him for the purposes of the performance by the inspector of his functions under these Regulations;
shall be guilty of an offence.
2
If any person, in giving an inspector any such information as is mentioned in paragraph (1) above, gives any information which he knows to be false, he shall be guilty of an offence.
3
Nothing in this Regulation shall be construed as requiring a person to answer any question or give any information if to do so might incriminate him.
Offences by corporations
28
1
Where an offence under any provision of these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Prosecution and punishment of offences under these Regulations
29
Proceedings for any offence under these Regulations shall not, in England and Wales, be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.
30
Any person guilty of an offence under Regulation 25, 26 or 27 above shall be liable on summary conviction to a fine not exceeding £2000, and any person guilty of an offence under any other provision of these Regulations shall be liable on summary conviction to a fine not exceeding £400.
John Butcher
Parliamentary Under-Secretary of State,
Department of Trade and Industry
9th February 1988


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988 and shall come into force on 31st December 1988.
2
In these Regulations:
“garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;
“harmful substances in packaged form” means those substances which are identified as marine pollutants in the IMDG Code and which are in the form of containment specified in the schedules of that Code;
“the IMDG Code” means the 1977 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time by any document which is considered by the Secretary of State to be relevant and is specified in a Merchant Shipping Notice;
“mile” means an international nautical mile that is to say a distance of 1,852 metres;
“nearest land”: in relation to all land other than the part of Australia specified below,“from the nearest land” means from the nearest baseline from which the territorial sea of any territory is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone 1958 ; and in relation to the part of the north-eastern coast of Australia which lies between the points 11° 00'S, 142° 08'E and 24° 42'S, 153° 15'E,“from the nearest land” means from the nearest of the straight lines joining consecutively the following points:
11° 00'S, 142° 08'E; 10° 35'S, 141° 55'E; 10° 00'S, 142° 00'E; 9° 10'S, 143° 52'E; 9° 00'S, 144° 30'E; 13° 00'S, 144° 00'E; 15° 00'S, 146° 00'E; 18° 00'S, 147° 00'E; 21° 00'S, 153° 00'E and 24° 42'S, 153° 15'E;
“noxious liquid substances” and“non-polluting liquid substances” have the meanings respectively given to them in the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 ;
“oil” and“oily mixtures” have the meanings respectively given to them in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 ;
“operational wastes” means all maintenance wastes, cargo associated wastes and cargo residues except residues or wastes from oil or oily mixtures, noxious liquid substances, non-polluting liquid substances or harmful substances in packaged form;
“plastics” includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags;
“required standard”: to the required standard means, in relation to comminuted or ground garbage, comminuted or ground sufficiently finely to be capable of passing through a screen with openings no greater than 25 millimetres;
“sea” includes any estuary or arm of the sea;
“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform but excludes hovercraft;
“Special Area”: any area which is defined by the Secretary of State in a Merchant Shipping Notice and which he therein declares will on a given date become a Special Area for the purposes of Annex V to the International Convention for the Prevention of Pollution from Ships 1973 as amended by the Protocol thereto of 1978, shall on and after that date be a Special Area for the purpose of these Regulations;
“United Kingdom ship” means a ship which:
is registered in the United Kingdom; or
is not registered under the law of any country but is wholly owned by persons each of whom is either a British citizen or a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in a part of the United Kingdom.
Application
2
These Regulations apply to United Kingdom ships wherever they may be and to other ships while they are within the United Kingdom or the territorial waters thereof.
Disposal of Garbage outside Special Areas
3
The disposal from a ship into the sea outside Special Areas of any plastics is prohibited.
4
The disposal from a ship into the sea outside Special Areas of garbage other than plastics is prohibited except where it is made as far from the nearest land as is practicable, and
a
in the case of dunnage, lining and packing materials which will float, not less than 25 miles from the nearest land; or
b
in the case of food wastes and all other garbage including paper products, rags, glass, metal, bottles, crockery and similar refuse, not less than 12 miles or, if such wastes and other garbage have been ground or comminuted to the required standard, not less than 3 miles from the nearest land.
Disposal of Garbage within Special Areas
5
The disposal from a ship into the sea within Special Areas of any garbage other than food wastes is prohibited.
6
The disposal from a ship into the sea within a Special Area of food wastes is prohibited except where it is made as far as practicable, and in any case not less than 12 nautical miles, from the nearest land.
Disposal of garbage into the sea within 500 metres of fixed or floating platforms
7
The disposal into the sea of any garbage from a ship which is a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources, or from any ships alongside or within 500 metres of such a platform, is prohibited provided that food wastes which have been comminuted or ground to the required standard may be disposed of into the sea from such platforms or ships if the platform in question is located more than 12 miles from the nearest land.
Exemptions
8
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for any class of cases or individual case on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Offences
9
Any breach of these Regulations shall be an offence on the part of the owner, manager, demise charterer and master of the ship punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
Defences
10
1
It shall be a defence to any charge under these Regulations to prove that the disposal was necessary for the purpose of securing the safety of the ship and/or those on board, or of saving life at sea, or that the escape of garbage resulted from damage to the ship or its equipment and that all reasonable precautions were taken before and after the damage occurred to prevent or minimise the escape.
2
It shall be a defence to a charge under regulation 3 or 5 of disposal into the sea of synthetic fishing nets or of synthetic material incidental to the repair of such nets to prove that the disposal was an accidental loss and that all reasonable precautions were taken to prevent the loss.
3
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps and exercised all due diligence to ensure that the Regulations were complied with.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
23rd December 1988


text:
1
This Order may be cited as the A1400 Trunk Road (Woodford Avenue Service Road, Redbridge) (Prescribed Routes) Order 1988 and shall come into force on 5th September 1988.
2
In this Order: —
“Woodford Avenue” means that length of the South Woodford — Gants Hill Trunk Road (A1400) in the London Borough of Redbridge known as Woodford Avenue; and
“Woodford Avenue service road” means that length of trunk road which lies on the northern side of and parallel to the eastbound main carriageway of Woodford Avenue between numbers 20a and 48 Woodford Avenue, Gants Hill, Ilford known as Woodford Avenue service road.
3
No person shall cause or permit any vehicle to proceed in Woodford Avenue service road in any direction other than from northwest to southeast.
4
No person shall cause or permit any vehicle proceeding in the eastbound main carriageway of Woodford Avenue to enter Woodford Avenue service road via the access opposite Numbers 22 and 22a Woodford Avenue.
5
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden, and to any vehicle being used for highway maintenance purposes.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional
Office of the Department of Transport
1st September 1988


text:
Citation and commencement
1
This Order may be cited as the Central Manchester Development Corporation (Area and Constitution) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Central Manchester Development Corporation (Area and Constitution) Order 1988”, of which prints signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the city of Manchester.
Designation of urban development area
3
The area shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Central Manchester Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Central Manchester Development Corporation” with eight members in addition to the chairman and deputy chairman.
Nicholas Ridley
Secretary of State for the Environment
10th May 1988


text:
Title and commencement
1
These Regulations may be cited as the Cereals Co-responsibility Levy Regulations 1988 and shall come into force on 1st July 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“authorised officer” means —
a
in relation to any part of the United Kingdom, an officer of the Board authorised for the purposes of these Regulations by the Board;
b
in relation to England, an officer of the Ministry of Agriculture, Fisheries and Food so authorised by the Minister of Agriculture, Fisheries and Food;
c
in relation to Scotland, an officer of the Department of Agriculture and Fisheries for Scotland so authorised by the Secretary of State;
d
in relation to Wales, an officer of the Secretary of State so authorised by the Secretary of State;
e
in relation to Northern Ireland, an officer of the Department of Agriculture for Northern Ireland so authorised by that Department;
“the Board” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972;
“cereals” means cereals referred to in Article 1(a) and (b) of the Council Regulation produced in the Community;
“cereals co-responsibility levy” means levy imposed by Articles 4 and 4b of the Council Regulation;
“cereals co-responsibility levy legislation” means Articles 4 and 4b of the Council Regulation, the Commission Regulation and these Regulations;
“cereals marketing year” means the marketing year specified in Article 2 of the Council Regulation;
“the Commission Regulation” means Commission Regulation ( EEC ) No. 1432/88 laying down detailed rules for applying the co-responsibility levy in the cereals sector ;
“the Council Regulation” means Council Regulation (EEC) No. 2727/75 on the common organisation of the market in cereals , as amended ;
“the Home-Grown Cereals Authority” means the Home-Grown Cereals Authority established under Part I of the Cereals Marketing Act 1965 ;
“trader” means —
any person who purchases from their producer cereals other than cereals placed on the market in the framework of a forward transaction;
any person who processes on behalf of another cereals produced by him; or
any person who places on the market cereals produced by him —
by way of direct export from the United Kingdom; or
in the framework of a forward transaction.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Council Regulation and the Commission Regulation.
3
When two or more persons jointly undertake purchasing of cereals by way of business, they shall, for the purposes of these Regulations, be treated as constituting a single person.
4
In these Regulations —
a
any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations; and
b
for the purposes of regulations 4, 5, 6 and 7(1) any reference to the Board shall include a reference to the Home-Grown Cereals Authority.
Purpose
3
These Regulations provide for the administration, collection and enforcement of cereals co-responsibility levy.
Register of traders
4
1
For the purposes of these Regulations, the Board shall keep a register in which it shall enter the current particulars of traders furnished under regulation 5.
2
The particulars of a trader which are specified in Parts I and II of the Schedule to these Regulations shall be entered in Parts I and II respectively of the register kept under this regulation.
3
The Board shall, during normal working hours, permit any person to inspect any particulars entered in Part I of the register kept under this regulation or shall forward a copy of those particulars to him if he so requests.
4
The Board shall, during normal working hours, permit any trader to inspect the particulars relating to his business entered in Part II of the register kept under this regulation or shall forward a copy of those particulars to him if he requests.
Registration of traders
5
1
Every person who on the date on which these Regulations come into force is, or on a subsequent date becomes, a trader, shall within 21 days of that date furnish to the Board for entry in the register kept under regulation 4 the particulars specified in the Schedule to these Regulations.
2
Where any change occurs in the particulars required to be furnished by a trader under paragraph (1) above he shall within 21 days of the change furnish amended particulars to the Board.
3
Where a trader dies or becomes incapacitated or bankrupt or, in Scotland, where his estate is sequestrated or where he enters into a trust deed for his creditors, any person carrying on his business as a trader, being an executor, personal representative, trustee in bankruptcy, trustee in a trust deed for creditors, receiver, judicial factor, liquidator, or person otherwise acting in a representative capacity, shall within 21 days of commencing to do so furnish to the Board particulars of that fact, of his name and address for correspondence, of the date of the death or of the nature of the incapacity and the date on which it began.
4
Where a person ceases to carry on a business as a trader he shall, within 10 days of the date on which he does so, furnish to the Board particulars of —
a
the date on which he ceased to carry on the business; and
b
the person (if any) succeeding to the business.
5
The information required to be furnished under the foregoing provisions of this regulation shall be furnished to the Board in writing.
Information from seed merchants
6
Any seed merchant shall upon demand made by an authorised officer supply in writing such information relating to the quantity, variety and source of the cereal seed certified by him as the Board may require for the purposes of the collection of cereals co-responsibility levy.
Production of records and information
7
1
On or before any date on which a payment of co-responsibility levy is due by virtue of Article 4(1) of the Commission Regulation, a trader who during the period identified by that Article in relation to that date has not carried out any of the transactions referred to in Article 2(1) of that Regulation shall make to the Board a written declaration of that fact.
2
Every trader shall on request produce the accounts and records referred to in Article 6 of the Commission Regulation to an authorised officer and permit him to take copies and make extracts from them.
3
Every trader shall retain the accounts and records referred to in Article 6 of the Commission Regulation for a period of 5 years from the end of the cereals marketing year to which they relate.
4
Any person engaged by way of business in the production, transport, storage, processing or sale of cereals shall upon demand made by an authorised officer, produce or cause to be produced any documents relating to such activities or transactions for inspection by the authorised officer and permit him to take copies from them.
5
Any person engaged by way of business in the purchase, processing or sale of cereals shall on request supply in writing to an authorised officer such information relating to the stocks of cereals which have been held by him and to his purchases and sales of cereals as that officer may require.
Powers of entry
8
1
For the purpose of exercising any powers under these Regulations, an authorised officer may at any reasonable time enter premises used in connection with the production, transport, storage, processing or sale of cereals by way of business.
2
Where an authorised officer has reasonable cause to believe that any premises are used in connection with cereals by way of business he may at any reasonable time enter and inspect those premises and inspect any cereals found on them.
Warrants of authorised officers
9
An authorised officer acting in exercise of the powers conferred by regulation 7 or 8 shall carry a warrant of his authority so to act and shall produce it on demand.
Recovery of cereals co-responsibility levy
10
Cereals co-responsibility levy due from any person shall be recoverable by the Board summarily as a civil debt.
Offences
11
If any person —
a
with intent to deceive produces, furnishes or sends for the purposes of the cereals co-responsibility levy legislation or otherwise makes use for those purposes of any document which is false in a material particular,
b
in furnishing any information for the purposes of the cereals co-responsibility levy legislation, knowingly or recklessly makes any statement which is false in a material particular,
c
fails without reasonable excuse to comply with a requirement imposed on him by or under —
i
regulation 5, 6 or 7, or
ii
Article 4 or 6 of the Commission Regulation (which provide for the payment of levy and the forwarding of declarations and for the keeping and production of accounts), or
d
intentionally obstructs an authorised officer who is exercising any of the powers conferred on him by regulations 7 or 8,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2000.
Offences by officers of bodies corporate
12
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Revocation
13
The Cereals Co-responsibility Levy Regulations 1986 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th June 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
6th June 1988


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Royal Ballet School) Regulations 1988 and shall come into force on 21st March 1988.
Payment of grant
2
The Secretary of State may before 31st March 1988 pay a grant of such amount as he may determine to the governors of the Royal Ballet School, London, (“the governors”) in respect of expenditure to be incurred by them on or in connection with the provision or alteration of buildings for the purposes of the School.
Conditions of payment
3
The payment of grant under these Regulations shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where grant is paid under these Regulations the governors shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums representing the value of buildings provided or altered with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State.
Kenneth Baker
Secretary of State for Education and Science
17th February 1988


text:
1
This Order shall come into force on 1st October 1988 and may be cited as the Naval Medical Compassionate Fund (Amendment) Order 1988.
2
1
The Order in Council dated 28th July 1915 , whereby Standing Orders and Regulations for the Constitution and Government of the Naval Medical Compassionate Fund (“the Standing Orders and Regulations”) were approved, shall be amended as follows.
2
In Article 2 of the Standing Orders and Regulations for the words “Accountant General of the Navy” there shall be substituted the words “Assistant Under Secretary of State (Naval Personnel)”.
3
For Article 8 of the Standing Orders and Regulations there shall be substituted:
8
1
The Annual Subscription shall be £1.05 or such other sum as the Trustees may decide payable on the 1st day of January each year to the Honorary Treasurer of the Fund.
2
A person eligible to become or continue as a Subscriber to the Fund may pay to the Honorary Treasurer of the Fund a Life Subscription calculated in accordance with the provisions of the Schedule to these Standing Orders and Regulations.
3
Where a person pays a Life Subscription in accordance with paragraph (2) above, he shall for the remainder of his life be deemed to be a Subscriber to the Fund.
.
4
For paragraph (b) of Article 9 of the Standing Orders and Regulations there shall be substituted:
b
The Orphans and Widows of such Persons as may hereafter become Subscribers to the Fund provided that:
i
before their death they had paid a Life Subscription, or
ii
at the date of their death their Annual Subscription was not more than 9 months in arrear.
.
5
The provisions set out in the Schedule to this Order shall have effect as a Schedule to the Standing Orders and Regulations.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 1988 and shall come into force on 3rd October 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Parts I and II of the Schedule to the Act of Sederunt (Fees of Sheriff Officers) 1978 in the paragraphs specified in column 1 of the following table, for the fees specified in column 2 substitute the fees specified in column 3 of the table, and the fees so substituted shall be payable in respect of work done on or after the date in which this Act of Sederunt comes into force.
TABLE
Column 1 Column 2 Column 3 (paragraphs) (old fees) (new fees)
(PART I — ORDINARY COURT 1 2.00 2.25 2(a) 3.75 4.50 2(b) 5.00 5.50 2(c) 5.00 5.50 2(d) 7.50 8.50 2(e) 2.00 2.25 3(a) 7.50 8.50 3(a) 2.50 2.75 3(b) 2.50 2.75 3(d) 2.00 2.25 3(f) 7.50 8.50 4(b) 1.00 1.10 5(a) 5.00 5.50 5(b) 4.10 4.50 5(c) 2.50 2.75 5(d) 10.30 11.50 5(e) 5.00 5.50 5(f) 2.00 2.25 6(a) 4.10 4.50 6(b) 2.00 2.25 6(c) 5.00 5.50 6(d) 2.00 2.25 6(e) 10.30 11.50 6(f) 6.25 7.00 6(g) 2.00 2.25 6(i) 3.15 3.50 7(a) 41.25 46.00 7(b) 2.00 2.25 8(a) 20.60 23.00 8(a) 10.30 11.50 8(b) 12.50 14.00 8(b) 6.25 7.00 9(a) 4.10 4.50 9(b) 10.30 11.50 9(b) 20.60 23.00 9(b) 20.60 23.00 9(c) 2.00 2.25 10(a) 2.00 2.25 10(b) 10.30 11.50 10(c) 4.10 4.50 11(a) 2.50 2.75 11(b) 2.50 2.75 11(c) 0.65 0.75 11(c) 0.30 0.35 12 0.70 0.75 14 2.00 2.25 (PART II — SUMMARY CAUSE DECREES 1 2.00 2.25 2(a) 2.50 2.75 2(b) 7.00 7.75 2(c) 5.00 5.50 2(d) 1.00 1.10 3(a) 7.50 8.50 3(a) 2.50 2.75 3(b) 2.50 2.75 3(d) 2.00 2.25 3(f) 7.50 8.50 4(b) 1.00 1.10 5(a) 2.50 2.75 5(b) 4.10 4.50 5(c) 2.50 2.75 5(d) 10.30 11.50 5(e) 5.00 5.50 5(f) 2.00 2.25 5(h) 2.50 2.75 5(i) 1.00 1.10 6(a) 4.10 4.50 6(b) 2.50 2.75 6(c) 2.00 2.25 6(e) 6.25 7.00 6(f) 2.00 2.25 6(h) 3.15 3.50 7(a) 41.25 46.00 7(b) 2.00 2.25 8(a) 20.60 23.00 8(a) 10.30 11.50 8(b) 12.50 14.00 8(b) 6.25 7.00 9(a) 3.45 4.00 9(b) 10.30 11.50 9(b) 20.60 23.00 9(b) 20.60 23.00 9(c) 2.00 2.25 10(a) 2.50 2.75 10(b) 2.50 2.75 10(b) 0.65 0.75 10(c) 0.30 0.35 11 0.70 0.75 13 2.00 2.25
Emslie
Lord President IPD
Edinburgh
25th August 1988


text:
1
1
This Order may be cited as the Commissioners for Oaths (Fees) Order 1988 and shall come into force on 23rd May 1988.
2
In this Order “commissioners for oaths” includes a solicitor exercising the powers of a commissioner for oaths under section 81 of the Solicitors Act 1974.
2
1
Subject to paragraph (2), the following fees shall be charged by commissioners for oaths: —
£
For taking an affidavit, declaration or affirmation, for each person making the same 3.50 And in addition, for each exhibit therein referred to and required to be marked or for each schedule required to be marked 1.00
2
Where value added tax is payable by a commissioner for oaths supplying a service for which a fee is prescribed under paragraph (1), he shall charge for that service a fee of such an amount as, with the addition of the tax, is equal to the amount so prescribed.
3
The Commissioners for Oaths (Fees) Order 1984 is hereby revoked, save as to any fee due or payable before the coming into force of this Order.
Mackay of Clashfern, C.
Dated 31st March 1988
We concur,
Lane, C.J.
Donaldson of Lymington, M.R.
Dated 11th April 1988


text:
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Collective Investment Schemes) (Bermuda) Order 1988 and shall come into force on 19th January 1989.
2
Bermuda is designated for the purposes of section 87 of the Financial Services Act 1986 in respect of any collective investment scheme managed in and authorised under the law of Bermuda which is a scheme of a class specified in the Schedule to this Order.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
29th December 1988


text:
1
The County Council of Isle of Wight New Yar Bridge Scheme 1985 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Secretary of State for Transport, and at the offices of the County Council of Isle of Wight at County Hall, Newport, Isle of Wight.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
The Instrument may be cited as the County Council of Isle of Wight New Yar Bridge Scheme 1985 Confirmation Instrument 1988.
Signed by authority of the Secretary of State.
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
15th March 1988


text:
1
These Regulations may be cited as the Merchant Shipping (Stability of Passenger Ships) Regulations 1988 and shall come into force on 1st November 1988.
2
The Merchant Shipping (Passenger Ship Construction) Regulations 1980 shall be amended as follows: —
1
In regulation 1(2) for the definition of“watertight” the following shall be substituted: —
“Watertight” in relation to a structure means capable of preventing the passage of water through the structure in any direction under the maximum head of water which it might have to sustain in the event of damage to the ship, but for structures below the bulkhead deck at least the head of water up to the ship’s margin line;
.
2
There shall be added after regulation 1(4) the following paragraph: —
5
Any approval given pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
.
3
Regulation 9(1) shall be renumbered regulation 9(1)(a) and an additional sentence shall be added after“regulation” as follows: —
The information relating to stability shall, before being supplied to the master, be submitted to the Secretary of State for approval, together with a copy thereof for his retention and shall incorporate such additions and amendments as the Secretary of State may in any particular case require.
.
4
After the renumbered regulation 9(1)(a) there shall be inserted the following new sub-paragraphs: —
b
Every United Kingdom ro/ro passenger ship shall be inclined within each period of four years. Such a period shall commence on the date of issue of either a Passenger and Safety Certificate or Passenger Certificate subsequent to a previous inclining, whichever date is the earliest. Every inclining made for this purpose shall be carried out in the presence of a Department of Transport surveyor. The interval between inclinings of any such ship may be extended by the Secretary of State for a period of not more than one year if he is satisfied, on the production to him of relevant information about the ship, that inclining is not necessary at the required interval.
c
A report of each inclining carried out in accordance with paragraph (b) above and of the calculation therefrom of the lightship condition particulars shall be submitted to the Secretary of State for approval, together with a copy for his retention. The approved report shall be placed on the ship by the owner in the custody of the master as an addendum to the stability information and shall incorporate such additions and amendments as the Secretary of State may in any particular case require. The amended lightship condition particulars so obtained from time to time shall be used by the master in substitution for such previously approved particulars when calculating the ship’s stability.
d
Following any inclining carried out in accordance with the requirements of paragraph (b), on the basis of which the elements of the ship’s stability have been then determined, the master shall be supplied by the owner with amended stability information if the Secretary of State so requires. The information so supplied shall be submitted to the Secretary of State for approval, together with a copy thereof for his retention and shall incorporate such additions and amendments as the Secretary of State may in any particular case require.
.
5
Regulation 11(2) shall be renumbered regulation 11(2)(a).
6
After the renumbered regulation 11(2)(a) there shall be inserted the following new sub-paragraph: —
b
The intact stability of every United Kingdom ro/ro passenger ship shall be re-examined in accordance with the provisions of Schedule 3 to these Regulations in order to establish the sufficiency of positive stability provided as required by regulation 11(1)(a) and (2)(a) whenever considered necessary by the Secretary of State in connection with amended stability information prepared in accordance with regulation 9(1)(d) and (2). Such re-examinations shall demonstrate to the satisfaction of the Secretary of State that at all stages of flooding there is sufficient positive residual stability after the assumed damage prescribed in Schedule 3.
.
7
After regulation 134 there shall be inserted a new regulation 135 as follows: —
135
1
After any survey required by these Regulations of any new or existing United Kingdom ro/ro passenger ship to which Part II of these Regulations applies has been completed and a Passenger and Safety Certificate or a Passenger Certificate, as appropriate, has been issued, the Secretary of State may cancel such certificate if the ship has not been either inclined since 31st October 1984 or inclined thereafter periodically as specified in regulation 9(1)(b).
2
If at any time the stability information supplied to the master is found to be invalid the Secretary of State may withdraw the certificate until new and valid stability information is supplied.
.
8
In Schedule 2, paragraph 12, the second sentence shall be amended by deleting the word“may” and substituting“shall” in both places and additional sentences shall be added after“form” as follows: —
Every United Kingdom ro/ro passenger ship shall be provided with this information on the basis of the ship being at level keel and at trims of 0.4%L and 0.8%L by the bow and by the stern over the range of displacements or mean draughts which are likely to occur in service: provided that for any such ships which are intended to operate at greater trims than are specified in this paragraph additional information shall be included. The Secretary of State may permit the substitution of trims of 0.3%L and 0.6%L for the trims by the bow specified in this paragraph if he is satisfied that such a lesser range of trims by the bow is sufficient for the purpose intended because of the characteristics of the particular ship.
.
9
In Schedule 3 in sub-paragraph 3(a)(i) after“stability” there shall be added“to the satisfaction of the Secretary of State”.
3
The Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 shall be amended as follows: —
1
In regulation 1(2) for the definition of“watertight” the following shall be substituted: —
“Watertight” in relation to a structure means capable of preventing the passage of water through the structure in any direction under the maximum head of water which it might have to sustain in the event of damage to the ship, but for structures below the bulkhead deck at least the head of water up to the ship’s margin line;
.
2
There shall be added after regulation 1(3) the following: —
4
Any approval given pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
.
3
Regulation 9(1) shall be renumbered regulation 9(1)(a).
4
After the renumbered regulation 9(1)(a) there shall be inserted the following new sub-paragraphs: —
b
Every United Kingdom ro/ro passenger ship shall be inclined within each period of four years. Such period shall commence on the date of issue of either a Passenger and Safety Certificate or Passenger Certificate subsequent to a previous inclining, whichever date is the earliest. Every inclining made for this purpose shall be carried out in the presence of a Department of Transport surveyor. The interval between inclinings of any such ship may be extended by the Secretary of State for a period of not more than one year if he is satisfied, on the production to him of relevant information about the ship, that inclining is not necessary at the required interval.
c
A report of each inclining carried out in accordance with paragraph (b) and of the calculation therefrom of the lightship condition particulars shall be submitted to the Secretary of State for approval, together with a copy for his retention. The approved report shall be placed on board the ship by the owner in the custody of the master and shall incorporate such additions and amendments as the Secretary of State may in any particular case require. The amended lightship condition particulars so obtained from time to time shall be used by the master in substitution for such previously approved particulars when calculating the ship’s stability.
d
Following any inclining carried out in accordance with the requirements of paragraph (b) on the basis of which the elements of the ship’s stability have been then determined the master shall be supplied by the owner with amended stability information if the Secretary of State so requires. The information so supplied shall be submitted to the Secretary of State for approval, together with a copy thereof for his retention and shall incorporate such additions and amendments as the Secretary of State may in any particular case require.
.
5
Regulation 11(2) shall be renumbered regulation 11(2)(a).
6
After the renumbered regulation 11(2)(a) there shall be inserted the following new sub-paragraph: —
b
The intact stability of every United Kingdom ro/ro passenger ship shall be re-examined in accordance with the provisions of Schedule 3 to these Regulations in order to establish the sufficiency of positive stability provided as required by regulation 11(1)(a) and (2)(a) whenever considered necessary by the Secretary of State in connection with amended stability information prepared in accordance with regulation 9(1)(d) and (2). Such re-examinations shall demonstrate to the satisfaction of the Secretary of State that at all stages of flooding there is sufficient positive residual stability after the assumed damage prescribed in Schedule 3.
.
7
After regulation 87 there shall be inserted a new regulation 88 as follows: —
88
1
After any survey required by these Regulations of any United Kingdom ro/ro passenger ship to which Part II(A) of these Regulations applies has been completed and a Passenger and Safety Certificate or a Passenger Certificate, as appropriate, has been issued, the Secretary of State may cancel such certificate if the ship is not inclined thereafter periodically as specified in regulation 9(1)(b).
2
If at any time the stability information supplied to the master is found to be invalid the Secretary of State may withdraw the certificate until new and valid stability information is supplied.
.
8
In Schedule 2, paragraph 12, the second sentence shall be amended by deleting“may” and substituting“shall” in both places and additional sentences shall be added after“form” as follows: —
Every United Kingdom ro/ro passenger ship shall be provided with this information on the basis of the ship being at level keel and at trims of 0.4%L and 0.8%L by the bow and by the stern over the range of displacements or mean draughts which are likely to occur in service: provided that for any such ships which are intended to operate at greater trims than are specified in this paragraph additional information shall be included. The Secretary of State may permit the substitution of trims of 0.3%L and 0.6%L for the trims by the bow specified in this paragraph if he is satisfied that such a lesser range of trims by the bow is sufficient for the purpose intended because of the characteristics of the particular ship.
.
9
In Schedule 3 in sub-paragraph 2(1)(a) after“stability” there shall be added“to the satisfaction of the Secretary of State”.
Paul Channon
Secretary of State for Transport
4th October 1988


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which this Order comes into force.
2
In this Order: —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan continued in the plan folio numbered HA10 YHR0 12 marked “The A19 Trunk Road (York Outer Ring Road to Clifton) (Detrunking) Order 1988”. Signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road” means the A19 Trunk Road.
3
This Order shall come into force on 1st April 1988 and may be cited as the A19 Trunk Road (York Outer Ring Road to Clifton) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
14th March 1988


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where a highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The lengths of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road, the length described in (a) of that Schedule shall be classified as a principal road and the length described in (b) of that Schedule shall be classified as a classified road, as from the date on which the Secretary of State notifies the County Council of Cambridgeshire that the new trunk road is open for through traffic.
5
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/2E — 211 marked “The Birmingham — Great Yarmouth Trunk Road (A47) (Eye Bypass) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iv
“principal road”
as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
v
“the trunk road”
means the Birmingham — Great Yarmouth Trunk Road (A47).
5
This Order shall come into force on 22nd December 1988 and may be cited as the Birmingham — Great Yarmouth Trunk Road (A47) (Eye Bypass) Order 1988.
Signed by authority of the Secretary of State.
G. D. Crane
Regional Director Eastern Region
Department of Transport
1st December 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”);
b
along the routes described in Schedule 2 to this Order (the highways along these routes being in this Order referred to as “the Beckton slip roads”), and
c
along the routes described in Schedule 3 to this Order (the highways along these routes being in this Order referred to as “the Newham Way slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered GLRT065/5012/36/ TO1/1 — 5, marked “The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Supplementary Trunk Road and Slip Roads) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the new trunk roads described in article 1 of this Order; and
iii
“the No. 2 Supplementary Side Roads Order ” means “The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) No. 2 Supplementary Side Roads) Order 1988”.
5
This Order shall come into force on 11th August 1988 and may be cited as the A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Supplementary Trunk Road and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
1st August 1988


text:
1
1
This Order may be cited as the Peterborough Development Corporation (Transfer of Property and Dissolution) Order 1988 and shall come into force on 1st October 1988.
2
In this Order —
“ the Act ” means the New Towns Act 1981;
“the Corporation” means the Peterborough Development Corporation;
“the transfer date” means 1st October 1988.
2
It is directed that on the transfer date —
a
the property of the Corporation shall vest in the Commission for the New Towns; and
b
the Corporation shall cease to act except for the purposes of carrying out its functions under sections 67 , 68 and 70 of the Act (annual accounts of development corporations, audit and reports), and taking such other steps as are necessary to wind up its affairs.
3
For the purpose of ensuring the satisfactory discharge of the functions remaining to the Corporation on and after the transfer date the Commission shall provide the Corporation with all the necessary facilities including, in particular, access to any books, papers or documents which immediately before the transfer date were the property of the Corporation.
4
Any property received by the Corporation on or after the transfer date shall be transferred by the Corporation to the Commission.
5
A period of ten years commencing on the transfer date is hereby specified as the period for which, by virtue of paragraph 3(4) of Schedule 10 to the Act, section 11 of the Act (which relates to the acquisition of land for highways) and, so far as they have effect for the purposes of that section, the other provisions of the Act, shall continue to have effect in relation to the area of Peterborough New Town.
6
It is directed that the Corporation shall be dissolved on 31st December 1988.
Signed by the authority of the Secretary of State
A. G. Watson
An Under Secretary in the
Department of the Environment
4th August 1988