text:
Citation and commencement
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) and Statutory Sick Pay (Additional Compensation of Employers) Amendment Regulations 1989 and shall come into force on 6th April 1989.
Amendment of Regulations
2
1
Regulation 3 of the Statutory Maternity Pay (Compensation of Employers) Regulations 1987 (determination of amount an employer shall be entitled to) shall be further amended by the substitution for“6th April 1987” of“6th April 1989” and for“7 per cent.” of“7½ per cent.”.
2
Regulation 3 of the Statutory Sick Pay (Additional Compensation of Employers and Consequential Amendments) Regulations 1985 (determination of amount) shall be further amended by the substitution for“6th April 1987” of“6th April 1989” and for“7 per cent.” of“7½ per cent.”.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
28th February 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Police (Grant) (Amendment) Order 1989 and shall come into force on 14th August 1989.
2
The Police (Grant) Order 1966 shall be amended by inserting in article 4, after paragraph (1)(a), the following sub-paragraph:
aa
in article 1(1) for the proportion “51 per cent” there were substituted the proportion “52 per cent”;
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
30th June 1989
We approve
Kenneth Carlisle
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
7th July 1989


text:
Citation and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1989 and shall come into force on 7th September 1989.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
2
The Secretary of State is satisfied that –
a
it is requisite that the provisions of regulations 3 and 4 shall apply as from 7th September 1989 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to Regulation 46 (Seat Belt Anchorage Points)
3
In paragraph (4B) of regulation 46 for the words after “a vehicle may comply” to the end of the paragraph there shall be substituted the words –
with –
a
Community Directive 76/115 or 81/575 or 82/318; or
b
ECE Regulation 14 or 14.01 or 14.02.
Amendments of Regulation 47 (Seat Belts)
4
1
Regulation 47 shall be amended as follows.
2
In paragraph (2), for the words “of a coach (other than the driver’s seat)”, where they appear after sub-paragraph (e), to the end of the paragraph there shall be substituted the words –
(other than the driver’s seat or any crew seat) of a coach either –
i
there shall be provided padding to a depth of not less than 50mm, on that part of the surface or edge of any bar, or the top or edge of any screen or partition, which would be likely to be struck by the head of a passenger wearing the lap belt in the event of an accident; or
ii
the technical and installation requirements of Annex 4 to ECE Regulation 21 shall be met, in respect of any such bar, screen or partition,
but nothing in sub-paragraph (i) above shall require padding to be provided on any surface more than 1m from the centre of the line of intersection of the seat cushion and the back rest or more than 150mm on either side of the longitudinal vertical plane which passes through the centre of that line, nor shall it require padding to be provided on any instrument panel of a minibus.
.
3
In paragraph (4)(c)(ii), for “ BS AU 160c” there shall be substituted “BS 3254: Part 1: 1988”.
4
In paragraph (8), in the definition of “British Standard Mark”–
a
in sub-paragraph (a), for “and BS AU 160a or 160b” there shall be substituted “or BS 3254: Part 1: 1988”;
b
in sub-paragraph (b), for “BS AU 157 or 157a” there shall be substituted “BS 3254: Part 2: 1988” and after “BS AU 202” there shall be inserted “or BS AU 202a”.
c
in the definition “designated approval mark” –
i
in sub-paragraph (a), for “item 16” there shall be inserted “items 16 and 16A” , and
ii
in sub-paragraph (b), for “either” there shall be substituted “any” and for “item 44 and 44A” there shall be substituted “items 44, 44A and 44B ”.
Amendments of Schedule 2
5
1
Table II of Schedule 2 shall be amended as follows.
2
After item 5 there shall be inserted the following item
5A 14 14 30.1.70 Anchorages for seat belts – – –
3
After item 6 there shall be inserted the following item –
6A 14.02 14 30.1.70 Anchorages for seat belts 22.11.84 12A –
Cecil Parkinson
Secretary of State for Transport
10th August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Premium Savings Bonds (Amendment) Regulations 1989 and shall come into force on 1st July 1989.
Amendment of principal Regulations
2
The Premium Savings Bonds Regulations 1972 shall be amended by substituting the following regulation for regulation 6 –
6
1
Except in the case of bonds purchased under regulation 4(3)(a) of these Regulations (bonds purchased on behalf of a person under the age of sixteen years), not less than one hundred bond units shall be purchased in the name of any one person at any time. In the case of bonds purchased under regulation 4(3)(a) of these Regulations, not less than ten bond units shall be purchased in the name of any one person at any time. In either case, bonds shall not be purchased except in multiples of ten bond units.
2
The foregoing paragraph shall not operate to prevent the purchase of less than one hundred bond units or the purchase of bonds in multiples of less than ten bond units if it appears to the Director of Savings that the purchase was made through an agent of the Director who did not make the purchaser aware of the limits contained in the foregoing paragraph and the Director in his discretion considers it just and reasonable that the purchase be treated as valid.
.
Stephen Dorrell
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
11th April 1989


text:
1
This Order may be cited as the Merchant Shipping Act 1979 (Commencement No. 13) Order 1989.
2
1
Section 35(2) of the Merchant Shipping Act 1979, so far as it is not already in force, shall come into force on 10th November 1989.
2
Section 14, so far as it is not already in force, and Part III of Schedule 3 to the Merchant Shipping Act 1979 shall come into force on 10th November 1989.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
9th October 1989


text:
1
This Order may be cited as the Gaming Machine Licence Duty (Variation of Monetary Limits and Exemptions) Order 1989, and shall come into force on 1st January 1990.
2
The Gaming Machine Licence Duty (Variation of Monetary Limits and Exemptions) Order 1986 is hereby revoked.
3
In section 22(2) of the Act (small-prize machines) with effect from 1st January 1990, for “£4” there shall be substituted “£4.80”.
4
Sub-paragraphs (2), (3) and (4) of paragraph 2 of Schedule 4 to the Act (pleasure fairs) shall have effect from 1st January 1990, as if–
a
in sub-paragraph (2)(a), for the sum of 10p there were substituted the sum of 20p;
b
in sub-paragraph (2)(b), for the sum of £2 (in both places) there were substituted the sum of £2.40, and for the sum of £4 (in both places) there were substituted the sum of £4.80;
c
in sub-paragraph (3), for the sum of £4 (in all three places) there were substituted the sum of £4.80; and
d
in sub-paragraph (4), for the sum of £2 there were substituted the sum of £2.40.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
4th December 1989


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (British Railways Board) Order 1989 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
1
In this Order–
“the Corporation” means the Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 4 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (British Railways Board) Order 1989”, 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, the Secretary of State for Transport, the council of the borough of Sandwell, the British Railways Board and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and either stippled or edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in the Schedule hereto, and now vested in the British Railways Board or in a local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
7th June 1989
Paul Channon
Secretary of State for Transport
2nd June 1989


text:
1
The Oxfordshire County Council (Oxford Canal Bridge) Scheme 1987 is hereby confirmed without 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 are deposited at the offices of the Secretary of State for Transport; at the offices of the Oxfordshire County Council, County Hall, Oxford; at the offices of Cherwell District Council, Bodicote House, Bodicote, Banbury and at Banbury Library, Marlborough Road, Banbury.
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
This Instrument may be cited as the Oxfordshire County Council (Oxford Canal, Bridge) Scheme 1987 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
8th September 1989


text:
Citation and commencement
1
This Order may be cited as the Leeds Development Corporation (Vesting of Land) (British Railways Board) Order 1989 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
1
In this Order–
“the Corporation” means the Leeds Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Leeds Development Corporation (Area and Constitution) Order 1988 .
2
Any reference in this Order to “the map” is a reference to the map entitled “Map referred to in the Leeds Development Corporation (Vesting of Land) (British Railways Board) Order 1989”, 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, the Secretary of State for Transport, the council of the city of Leeds, the British Railways Board and the Corporation.
3
Any reference in this Order to land shown on the map is a reference to that land shown bounded externally with a black line and stippled on the map.
Vesting of land
3
The land described in the Schedule hereto, and now vested in the British Railways Board or in a local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
7th June 1989
Paul Channon
Secretary of State for Transport
2nd June 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Government Reorganisation (Pensions etc.) Order and shall come into force on 30th October 1989.
2
In this Order —
“the 1985 Act ” means the Local Government Act 1985;
“the Authority” means the body established by article 2(1);
“the Residuary Body ” means the London Residuary Body; and
“the 1986 Regulations ” means the Local Government Superannuation Regulations 1986 .
Establishment of the London Pensions Fund Authority
2
1
On 31st October 1989 there shall be established a body corporate known as the London Pensions Fund Authority to receive the functions, property, rights and liabilities transferred by this Order.
2
Schedule 1 shall have effect in relation to the Authority.
Transfer of pension and other functions
3
On 1st April 1990 the functions, property, rights and liabilities of the Residuary Body which are specified in Schedule 2 shall become the functions, property, rights and liabilities of the Authority.
Power to levy
4
1
The Authority may in respect of any financial year beginning on or after1st April 1990 make one or more levies in order to meet its net expenditure.
2
Any levy shall be made on one of the following classes of authorities —
i
all London borough councils and the Common Council of the City of London; or
ii
inner London borough councils and the Common Council; or
iii
outer London borough councils.
3
The amount to be paid by each of the authorities of any class on which a levy is made shall be proportionate to its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988 .
4
A levy shall be made by serving on each authority of the relevant class a written demand stating the date or dates on or before which a payment in respect of the levy is required to be made and the amount of that payment.
5
A demand must be served on, or information as to the amount to be demanded must be given to each authority of a class on which a levy is made before 14th February in the financial year preceding that to which the levy relates.
6
In this article “net expenditure” means all expenditure and costs incurred by the Authority less receipts (if any), but excluding any expenditure or costs payable out of, or receipts which fall to be credited to, the superannuation fund maintained by the Authority under the 1986 Regulations.
Interim borrowing powers
5
1
Without prejudice to its powers under Schedule 13 to the Local Government Act 1972 , the Authority may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of defraying its expenses before 1st April 1990.
2
The sums borrowed by the Authority under paragraph (1) shall not exceed such amount as the Secretary of State may approve and shall be repaid before 1st April 1991.
Continuity of the exercise of functions
6
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a matter transferred by article 3 shall, so far as is required for continuing its effect on or after 1st April 1990, have effect as if done by or in relation to the Authority.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination, to the giving of any notice, to the entering into of any agreement or other instrument, and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such manner as may be necessary or proper in consequence of this Order.
Other supplementary provision
7
1
With effect from 1st April 1990 the 1986 Regulations are amended —
a
In regulation C1(2), by substituting for the words “London Residuary Body” the words “London Pensions Fund Authority”;
b
in regulation C1(4), by substituting for the words “London Residuary Body” the words “London Pensions Fund Authority”;
c
in regulation C1(5), by substituting for the words “London Residuary Body”, in the second place in which they occur the words “London Pensions Fund Authority”; and
d
in regulation P1(1), by inserting after the words “district council” the words “the London Pensions Fund Authority”.
2
The 1986 Regulations are amended —
a
In regulation C1(1), by substituting for the words “paragraphs (2), (3) and (6)” the words “paragraphs (2), (5) and (6).”; and
b
by adding to regulation C1(5) the following: —
or (h) within one month and a day after ceasing to be a pensionable employee as is mentioned in sub-paragraph (e), becomes a pensionable employee of a London borough council or of the Common Council, or
i
is a pensionable employee of the London Pensions Fund Authority.
.
3
Part I of Schedule 2 to the 1986 Regulations is amended in Column 1 by inserting after a “higher education corporation” the words “London Pensions Fund Authority”.
4
Without prejudice to the generality of article 6 (continuity of the exercise of functions) —
a
any admission agreement within the meaning of the 1986 Regulations in force immediately before 1st April 1990 whereby employees of any body were, or could become, admitted employees participating in the benefits of the superannuation fund maintained under those Regulations by the Residuary Body shall be of full force and effect in favour of, or against the Authority;
b
where a person has ceased to contribute to that fund and has not become a contributor to any other superannuation fund maintained under those Regulations, the transferred fund shall on and after 1st April 1990 be deemed to be the fund to which he was last a contributor; and
c
on and after 1st April 1990 the Authority is to be treated as being the previous fund authority for the purposes of Part Q of those Regulations in place of the Residuary Body.
5
With effect from 1st April 1990 paragraphs 48 and 49 of Schedule 2 to the Pensions (Increase) Act 1971 are amended by substituting for the words “London Residuary Body” the words “London Pensions Fund Authority”.
6
At the end of Part II of Schedule 2 to the Pensions (Increase) Act 1971 (pensions payable out of local funds) there shall be inserted — “64C. A pension payable by the London Pensions Fund Authority.”.
7
Any liability of the Residuary Body as the last employing authority under paragraph 1(1) of Schedule 3 to the Pensions (Increase) Act 1971 in respect of any employee whose last day of service occurs before 1st April 1990 shall become the liability of the Authority.
8
Section 61(5) of the 1985 Act shall continue to have effect, so that no liability to reimburse the Authority in respect of any payment made by it shall attach to the Secretary of State, the Arts Council of Great Britain or the Historic Buildings and Monuments Commission for England where no liability to reimburse the Residuary Body would have attached to them if this Order had not been made.) is amended by inserting after paragraph (1) the following: —
m
the London Pensions Fund Authority.
.
C. F. Patten
Secretary of State for the Environment
5th October 1989


text:
1
These Rules may be cited as the Patents (Amendment) Rules 1989 and shall come into force on 1st August 1989.
2
In rule 69 of the Patents Rules 1982 the words “or (2)” shall be omitted and there shall be substituted for the words “section 51(4) or (5)” the words “section 51(3)”.
3
For rule 111 of the Patents Rules 1982 there shall be substituted the following–
Calculation of times or periods
111
1
Where, on any day, there is–
a
a general interruption or subsequent dislocation in the postal services of the United Kingdom, or
b
an event or circumstances causing an interruption in the normal operation of the Patent Office,
the comptroller may certify the day as being one on which there is an “interruption” and, where any period of time specified in the Act or these Rules for the giving, making or filing of any notice, application or other document expires on a day so certified the period shall be extended to the first day next following (not being an excluded day) which is not so certified.
2
Any certificate of the comptroller given pursuant to this rule shall be posted in the Patent Office.
3
Where, in or in connection with an application for a patent (“the application in suit”), it is desired to make a declaration specifying for the purposes of section 5(2) an earlier relevant application and the period of twelve months immediately following the date of filing the earlier relevant application ends on a day which is an excluded day for the purposes of section 120, such period shall, if the declaration is made on the first following day on which the Patent Office is open for the transaction of such business, be altered so as to include both the day of filing of the earlier relevant application and the day on which the declaration is made in or in connection with the application in suit.
4
Where it is desired to make such a declaration and the said period of twelve months immediately following the date of filing the earlier relevant application ends on a day certified under paragraph (1) above as being one on which there is an interruption, the period shall, if the declaration is made on the first day following the end of the interruption, be altered so as to include both the day of filing of the earlier relevant application and the day on which the declaration is made in or in connection with the application in suit.
5
Where an application for a patent is filed upon the day immediately following a day which is certified under paragraph (1) above as being one on which there is an interruption or which is an excluded day for the purposes of section 120, the period of six months specified in section 2 (4) shall be computed from the day following the next preceding day which is neither so certified nor so excluded.
6
If in any particular case the comptroller is satisfied that the failure to give, make or file any notice, application or other document within —
a
any period of time specified in the Act or these Rules for such giving, making or filing,
b
the period of six months following a disclosure of matter constituting an invention falling within paragraph (a), (b) or (c) of section 2(4), or
c
the period of twelve months referred to in paragraph (3) above,
was wholly or mainly attributable to a failure or undue delay in the postal services in the United Kingdom, the comptroller may, if he thinks fit–
extend the period of time for the giving, making or filing so that it ends on the day of the receipt by the addressee of the notice, application or other document (or, if the day of such receipt is an excluded day, on the first following day which is not an excluded day),
determine that the period of six months referred to in sub-paragraph (b) above shall be altered so that it begins on the day of the disclosure and ends on the day of receipt by the Patent Office of the application for the patent (or, if the day of such receipt is an excluded day, on the first following day which is not an excluded day), or
determine that the period of twelve months referred to in paragraph (3) above shall be altered so as to include both the day of filing of the earlier relevant application and the day on which the declaration specifying that application is received by the Patent Office (or, if the day of such receipt is an excluded day, the first following day which is not an excluded day),
as the case may be, in each case upon such notice to other parties and upon such terms as he may direct.
.
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
3rd July 1989


text:
Citation and commencement
1
1
This Order may be cited as the Essex (District Boundaries) Order 1989.
2
This Order shall come into force on 26th September 1989 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st October 1989.
Interpretation
2
In this Order –
“boundary map” means the map prepared by the Department of the Environment, marked “Map of the Essex (District Boundaries) Order 1989”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“county electoral division” means an electoral division of the county of Essex.
Transfers from Epping Forest to Harlow
3
1
The part of the district of Epping Forest and the parish of Matching marked B1 on the boundary map shall be transferred to –
a
the district of Harlow;
b
the Old Harlow ward of that district;
c
the Harlow and Mark Hall county electoral division,
and shall cease to form part of any parish.
2
The part of the district of Epping Forest and the parish of North Weald Bassett marked B2 on the boundary map shall be transferred to –
a
the district of Harlow;
b
the Potter Street ward of that district;
c
the Harlow Common county electoral division;
d
the Harlow petty sessional division,
and shall cease to form part of any parish.
Town and county planning
4
Any provisions of a local plan made by Epping Forest District Council which apply immediately before 1st October 1989 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made by Harlow District Council.
Signed by authority of the Secretary of State
Virigina Bottomley
Parliamentary Under Secretary of State,
Department of the Environment
25th August 1989


text:
Citation and Commencement
1
These Regulations may be cited as the Stock Transfer (Gilt-edged Securities) (Exempt Transfer) Regulations 1989 and shall come into force on 14th June 1989.
Interpretation
2
In these Regulations:-
“the Bank” means the Bank of England;
“the CGO ” means the Central Gilts Office of the Bank;
“the CGO Service” means the computer-based system established by the Bank and The Stock Exchange to facilitate the transfer of gilt-edged securities; and “CGO Service member” means a person who is entitled under a contract with the Bank to use the CGO Service.
Exempt Transfers
3
Securities on registers kept by the Bank which have been issued, or which may from time to time be issued, by the Guaranteed Export Finance Corporation PLC may be transferred by a CGO Service member through the medium of the CGO Service.
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd May 1989


text:
1
This Order may be cited as the National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 1989, and shall come into force on 1st January 1990.
2
The National Savings Bank (Investment Deposits) (Limits) Order 1977 shall be amended in Article 3 by substituting for the sum
3
The National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 1986 is hereby revoked.
Thomas Sackville
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 1989


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) Order 1989.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) ( No. 3) Order 1988 is revoked.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 thereto and substituting therefor the following –
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 1989, and shall come into force on 1st December 1989.
Amendment of the Feeding Stuffs Regulations 1988
2
The Feeding Stuffs Regulations 1988 are hereby amended as prescribed in regulations 3 and 4.
3
1
In regulation 6, after paragraph (3), there shall be inserted the following paragraph:
4
In this regulation “a prescribed description” means a description prescribed by regulation 4.
2
In regulation 9(1) the words “of a prescribed description” shall be deleted.
3
In regulation 15(1) and (3) the words from “and it shall be proof of an offence” to the end of each paragraph shall be deleted.
4
In regulation 16(1), after the words “for use as a feeding stuff” there shall be inserted the words “or use as a feeding stuff”.
5
Regulations 1(2) and 17 shall be deleted.
4
1
In Schedule 1, for paragraph 15 there shall be substituted the following paragraph:
15
In the particulars required or permitted to be contained in the statutory statement by paragraphs 8 to 13 above–
a
unless the paragraph in question specifies some other method of expression, the amounts shown shall be expressed in each case as a definite percentage by weight of the feeding stuff as such, and not as a range of percentages, and
b
phosphorus shall be expressed as “phosphorus P
.
2
In Part II of Schedule 4 “PERMITTED COLOURANTS”), in the provision relating to canthaxanthin for trout and salmon in column 5 (“maximum content”), for the expression “100: alone or together with astaxanthin” there shall be substituted the figure “80”.
3
In Part IV of Schedule 4 (“PERMITTED BINDERS, ANTI-CAKING AGENTS AND COAGULANTS”), in CHAPTER B–
a
in the provisions relating to bentonite and montmorillonite, to the list of antibiotic growth promoters and coccidiostats permitted by the conditions in column 5 to be mixed with feeding stuffs and ingredients in the presence of these additives there shall be added nicarbazine and robenidine, and
b
after the provisions relating to calcium sulphate dihydrate there shall be inserted the following provisions:
E599 Perlite All species of animals — All feeding stuffs
4
In Part V of Schedule 4 (“VITAMINS, PRO-VITAMINS AND SUBSTANCES HAVING A SIMILAR EFFECT”), at the head of CHAPTER A there shal be inserted the following provisions:
E672 Vitamin A Chickens for fattening 20,000 Other species or categories of animals No limit
5
Part VI of Schedule 4 (“TRACE ELEMENTS”) shall be deleted and there shall be substituted therefor the contents of Part I of the Schedule to these Regulations.
6
Item 3 of Schedule 7 (“Amino acids and their salts”) shall be deleted and there shall be substituted therefor the contents of Part II of the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th October 1989.
John Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
11th October 1989
Peter Walker
Secretary of State for Wales
18th October 1989


text:
1
This Order may be cited as the Official Listing of Securities (Units in Single Property Schemes) Order 1989 and shall come into force on 2nd February 1989.
2
Section 142 of the Financial Services Act 1986 shall apply to investments falling within paragraph 6 of Schedule 1 to that Act which are units in a collective investment scheme which is exempted from section 76(1) of that Act by virtue of the Financial Services Act 1986 (Single Property Schemes) (Exemptions) Regulations 1989 .
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
11th January 1989


text:
PART 1
GENERAL
Citation, Commencement, and Extent
1
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1989 and shall come into force on 1st September 1989.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Education Reform Act 1988; and
“school” means a grant-maintained school (within the meaning of that Act).
2
The expression “expenditure of a capital nature” has the meaning assigned to it by Schedule 5 to these Regulations.
3
The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections and regulations being, respectively, references to sections of the Act and regulations of these Regulations —
aggregated budget section 33(4)(b)
allocation formula section 38(2).
capital grant section 79(3)(b).
change in the characteristics of the school regulation 3(8)
financial year section 235(1).
former maintaining authority sections 74(8) and 104(1)(i) and (6).
general schools budget section 33(4)(a).
incorporation date section 104(3).
maintenance grant section 79(1).
relevant expenditure regulation 3(3).
scheme section 51(2)(a).
school’s budget share section 51(2)(b).
special purpose grant sections 79(3)(a).
4
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
PART 2
GRANTS
Determination of amount of maintenance grant — transitional provisions
3
1
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year other than one in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act (which provides for the publication of financial statements about schemes for the local management of schools), and is subject to regulations 5 and 6 below.
2
The Secretary of State shall determine an amount which he is satisfied represents, in relation to the financial year ending last before the incorporation date, the amount of relevant expenditure incurred by the former maintaining authority in respect of the school.
3
The reference in paragraph (2) above to relevant expenditure is a reference to the amount of expenditure incurred by the authority in that year in respect of the school on the heads or items specified in Schedule 1, but does not include any expenditure on the heads or items specified in Schedule 3.
4
a
There shall be added to the amount so determined an amount which the Secretary of State is satisfied represents the school’s share, obtained by applying the formula in sub-paragraph (b) below, of the authority’s planned expenditure on centrally provided services.
b
That formula is:
( N × E ) ( T ) + ( M × F ) ( P ) + ( ( N − M ) ( T − P ) × G )
, where
N is the number of registered pupils at the school;
E is the total of the authority’s planned expenditure for the year at relevant schools on those heads or items described in sub-paragraph (a) above, other than planned expenditure on school meals;
T is the number of registered pupils at relevant schools;
M is the number of registered pupils in receipt of free school meals at the school;
P is the number of registered pupils in receipt of free school meals at relevant schools;
F is the total of the authority’s planned expenditure for the year in providing meals to pupils in receipt of free school meals at relevant schools; and
G is the total of the authority’s planned expenditure for the year on school meals other than free school meals at relevant schools and excluding expenditure to be met from any charges for such meals.
c
In this paragraph,
“expenditure on centrally provided services” means expenditure on the heads or items specified in Schedule 2 but excludes any expenditure on the heads or items specified in Schedule 3;
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 50 of the Act, according as to whether the school is a primary or secondary school:
“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and
“number of registered pupils” means the number of pupils on a school’s register on a date to be determined by the Secretary of State;
5
The amount determined in accordance with paragraphs (2) and (4) above may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the primary or secondary schools, as the case may be, maintained by them and any significant change in the characteristics of the school occurring (in either case) during or since the end of the financial year ending last before the incorporation date.
6
The sum of the amounts determined in accordance with paragraphs (2) and (4) above shall, subject to any adjustment made in accordance with paragraph (5) above, be the amount of maintenance grant payable to the governing body of the school for the financial year in respect of which the determination under this regulation is made.
7
Where there is not available to the Secretary of State (on a date determined by him and notified by him to the former maintaining authority) sufficient information as will, in his opinion, allow him accurately to determine the amounts referred to in paragraphs (2) or (4) above, or both, he may determine such amount or amounts as appears to him to be fair and reasonable having regard to any information which is available to him, and his determination shall have effect as if determined under paragraph (2) or (4), as the case may be.
8
References in paragraph (5) above and regulation 6(1), to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.
Determination of amount of maintenance grant
4
1
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to regulations 5 and 6 below.
2
The Secretary of State shall determine in relation to the financial year in question an amount which he is satisfied (on the information available to him on a date determined by him and notified by him to the former maintaining authority) that the former maintaining authority could have determined, by the application of their allocation formula in relation to a comparable maintained school covered by their scheme, as such a school’s budget share.
3
a
There shall be added to the amount so determined an amount which, in relation to that year, the Secretary of State is satisfied (on the information available to him on a date determined by him) represents the school’s share of the amount set out in sub-paragraph (b) below determined by the application of the per capita formula, that is to say the proportion which the number of registered pupils at a comparable maintained primary or secondary school as the case may be bears to the number of registered pupils at all primary or secondary maintained schools required to be covered by the authority’s scheme as the case may be.
b
The amount referred to in sub-paragraph (a) is that amount remaining after deducting from the authority’s general schools budget for the year —
i
their aggregated budget for that year; and
ii
the authority’s expenditure on those heads or items specified in Schedule 3 (except to the extent that such expenditure falls within their aggregated budget).
4
The sum of the amounts determined in accordance with paragraphs (2) and (3) above shall be the amount of maintenance grant payable in respect of the school for the financial year in respect of which the determination under this regulation is made.
5
Subject to paragraph (6) below, references in this regulation to a maintained school are references to a school maintained by the former maintaining authority concerned, and references to a comparable maintained school are references to such a school, any characteristics of which relevant for the purposes of any formula of a kind referred to in paragraph (2) are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school —
a
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
b
any other factors affecting the needs of which (including in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
6
For the purposes of this regulation, it is to be assumed that a comparable maintained school is covered by the former maintaining authority’s scheme whether or not such a school is in fact covered by their scheme.
7
References in this regulation to any formula (other than references to the per capita formula) include references to any methods, principles and rules of any description however expressed.
Apportionment of maintenance grant
5
In the case of any school which acquires grant-maintained status otherwise than at the beginning of a financial year, the annual amount of maintenance grant payable to the governing body of the school for the first such year shall be apportioned in accordance with the following formula —
A × B × F C
where —
A is the number of days in the financial year falling on or after the incorporation date of the school;
B is the amount of maintenance grant determined in accordance with (as the case may be) regulation 3 or 4 above;
C is 365; and
F bears the value ascribed to it in the Table below according to the incorporation date of the school —
where incorporation date 1 April – 31 July F=1.0 1 August – 31 December F=1.015 1 January – 31 March F=1.02.
Adjustments
6
1
Where, after determining the amount of maintenance grant payable in respect of any school for any financial year (or any part of such a year) in accordance with these Regulations, it appears to the Secretary of State that, by reason of any change in the characteristics of the school or the level of spending by the former maintaining authority, or otherwise, the amount so payable should be revised, he may redetermine the amount of such grant payable in respect of the school for that year (or any part of thatyear) in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly and give notice thereof to the governing body of the school and to the former maintaining authority.
2
A determination which has been revised in accordance with paragraph (1) above may be further revised in accordance with that paragraph.
Requirements which may be attached to payment of maintenance grant
7
1
The requirements set out in Schedule 4 are specified as requirements which may be imposed by the Secretary of State on governing bodies to whom payments in respect of maintenance grant are or have been made.
2
Those requirements also include such requirements relating to the conduct of the school’s financial affairs as may be determined by the Secretary of State and set out in a financial memorandum delivered to the governing body of the school.
Power to pay capital grant
8
The Secretary of State may pay capital grant in respect of expenditure of a capital nature incurred or to be incurred by the governing body of a school.
Meaning of “expenditure of a capital nature”
9
For the purposes of regulation 8, the reference to expenditure of a capital nature is a reference to expenditure of a class or description specified in Schedule 5.
Power to pay special purpose grants
10
1
The Secretary of State may pay to the governing body of any school grants (to be known as special purpose grants) in respect of expenditure of any class or description specified in Schedule 6 incurred or to be incurred by them —
a
for or in connection with educational purposes of any class or description so specified;
b
in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the Secretary of State to be required for meeting any special needs of the population of the area served by the school; or
c
in respect of expenses of any class or description so specified being expenses which it appears to the Secretary of State the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of special purpose grants
11
1
The requirements set out in Schedule 4 and in paragraph (2) below are specified as requirements which may be imposed by the Secretary of State on governing bodies to whom payments in respect of special purpose grants are or have been made.
2
a
Such requirements relating to the conduct of the school’s financial affairs as may be determined by the Secretary of State and set out in a financial memorandum delivered to the governing body of the school;
b
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose;
c
a requirement that such a payment shall be so applied before a date specified by the Secretary of State;
d
requirements imposed with a view to the Secretary of State satisfying himself that any requirement imposed in accordance with paragraph (b) or (c) above is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements in respect of expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as he may require in order to verify the same; and
e
requirements as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by him in accordance with this regulation subject to which the payments were made is not complied with.
PART 3
RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM FORMER MAINTAINING AUTHORITY
Determination of amount to be recovered
12
1
Subject to paragraph (2) below, the total amount which the Secretary of State may recover from the former maintaining authority of a school in respect of any financial year by virtue of section 81(1) of the Act is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised).
2
The amount which would otherwise fall to be determined in accordance with paragraph (1) above as the total amount recoverable from a former maintaining authority by virtue of subsection (1) of section 81 of the Act in respect of any school for any financial year may be reduced by an amount not exceeding the amount outstanding in respect of any excess amount recovered from the authority under that section in respect of any previous financial year.


text:
Citation
1
This Order may be cited as the Water Act 1989 (Commencement No.4) Order 1989.
Provisions coming into force on 1st April 1990
2
Subsections (2)(c) and (3) to (7) of section 98 of the Water Act 1989 shall come into force on 1st April 1990.
Chris Patten
Secretary of State for the Environment
30th November 1989
Peter Walker
Secretary of State for Wales
3rd December 1989


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic (Carriage of Explosives) Regulations 1989 and shall come into force on 3rd July 1989, except regulation 14 which shall come into force on 3rd January 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1983 Regulations ” means the Classification and Labelling of Explosives Regulations 1983 ;
“attendant” means a person who accompanies the driver in the vehicle during the journey to help ensure the safety and security of the explosives;
“blasting explosive” means the explosive substance allocated on classification the UN Number 0081, 0082, 0083, 0084, 0241, 0331 or 0332;
“carriage” and related expressions shall be construed in accordance with paragraphs (5) to (7);
“Class 1” has the meaning assigned to it by regulation 2(1) of the 1983 Regulations;
“classified” means classified under the 1983 Regulations, and “classification” and “unclassified” shall be construed accordingly;
“Compatibility Group” and “Compatibility Group letter” have the meanings assigned to them by regulation 2(1) of the 1983 Regulations;
“consignor” means a person who consigns (whether as principal or as agent for another) explosives for carriage by road;
“detonating cord” means the explosive article allocated on classification the UN Number 0065 or 0289;
“detonating fuzes” means the explosive articles allocated on classification the UN Number 0106, 0107, 0257 or 0367;
“detonators” means the explosive articles allocated on classification the UN Number 0029, 0030, 0255, 0267, 0360, 0361, 0455 or 0456;
“Division” and “Division number” have the meanings assigned to them by regulation 2(1) of the 1983 Regulations;
“explosives” means explosive articles or explosive substances which–
have been assigned on classification to Class 1; or
are unclassified;
“explosive article” means an article containing one or more explosive substances;
“explosive substance” means–
a solid or liquid substance, or
a mixture of solid or liquid substances or both,
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
“freight container” means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984 ;
“gunpowder” means the explosive substance allocated on classification the UN Number 0027;
“military explosive” has the meaning assigned to it by regulation 2(1) of the 1983 Regulations;
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“operator” means in relation to a vehicle–
the person who holds an operator’s licence (granted under Part V of the Transport Act 1968 ) for the use of that vehicle for the carriage of goods on a road; except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the “operator” shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this sub-paragraph “holding company” and “subsidiary company” have the same meanings as in the said Regulations of 1984;
where no such licence is held, the keeper of the vehicle, and for this purpose, where the vehicle is on hire or lease to another person that other person shall be treated as being the keeper;
“road” means–
as respects England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ;
as respects Scotland, a road within the meaning of section 151 of the Roads (Scotland) Act 1984 ;
“semi-trailer” has the same meaning as in column 2 of the Table set out in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
“smokeless powder” means (except in paragraph 9(c) of Part II of Schedule 4) the explosive substance allocated on classification the UN Number 0160 or 0161;
“trailer” means a vehicle drawn by a motor vehicle but does not include a semi-trailer;
“UN Number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or explosive substance as a means of identification;
“vehicle” includes a motor vehicle, trailer and semi-trailer.
2
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
3
Any reference in these Regulations to an explosive specified in Part I, Part II or Part III of Schedule 1 is a reference to an explosive of the description specified in column 1 of the said Part I, Part II or Part III, as the case may be, allocated on classification the UN Number specified opposite thereto in column 2 of that Part.
4
Any reference in these Regulations to the quantity of any explosive shall be construed as a reference to the net mass of explosive substance.
5
Any reference in these Regulations to the carriage of explosives in a vehicle includes a reference to the carriage of explosives on a vehicle or in a freight container attached to a vehicle, and, for the purposes of these Regulations, a motor vehicle and a trailer or semi-trailer attached to it shall be deemed to be one vehicle, and articles or substances or both of them carried in one vehicle shall be deemed to be carried together.
6
Subject to paragraph (7), a vehicle shall be deemed for the purposes of these Regulations to be used for the carriage of explosives from the commencement of loading the vehicle with the explosives for the purpose of carrying the explosives on a road until all the explosives have been unloaded, whether or not the vehicle is on a road at the material time.
7
A trailer or semi-trailer containing explosives shall not be deemed for the purposes of these Regulations to be used for the carriage of explosives if it is not attached to a motor vehicle at the material time, and accordingly if the trailer or semi-trailer is loaded with the explosives before it is attached to the motor vehicle the carriage begins when the trailer or semi-trailer is attached to the motor vehicle for the purpose of carrying the explosives on a road and ends when it is detached from the vehicle, or when all the explosives have been unloaded, if earlier.
Application
3
1
These Regulations shall apply to or in relation to the carriage of explosives by road.
2
Regulations 6 to 15 shall not apply to the carriage of explosives in a vehicle being used to carry passengers for hire or reward.
3
Regulations 4(1), 6 to 10 and 11(2) to 15 shall not apply to carriage by members, acting in the course of their duties, of–
a
Her Majesty’s forces;
b
visiting forces within the meaning of any of the provisions of Part 1 of the Visiting Forces Act 1952 ;
c
any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ;
4
Regulations 4, 6 to 10 and 11(2) to 15 shall not apply to carriage for the purposes of explosive ordnance disposal (other than in connection with dumping at sea) under the direction of a member of Her Majesty’s forces, a police officer, or a person authorised by the Secretary of State for Defence.
5
Regulations 8, 9 and 10 shall not apply where–
a
the vehicle carrying the explosives has been exempted from excise duty by the Secretary of State under section 7(1) of the Vehicles (Excise) Act 1971 ; or
b
the vehicle carrying the explosives is one which is only used on roads for delivering goods between private premises and a vehicle in the immediate vicinity of those premises or in passing from one part of such premises to another in the immediate vicinity.
6
Except for regulations 11 and 13, these Regulations shall not apply where–
a
the vehicle carrying the explosives is engaged in an international transport operation within the meaning of the Convention concerning International Carriage by Rail ( COTIF ) as revised or re-issued from time to time; and
b
such carriage conforms in every respect to the provisions of the Uniform Rules concerning the Contract for International Carriage of Goods by Rail ( CIM ) which forms Appendix B to that Convention and to the regulations ( RID ) made thereunder.
7
These Regulations shall not apply to any explosive nuclear device or any component thereof.
Prohibition on the carriage of certain explosives
4
1
No person shall carry explosives in Compatibility Group K in a vehicle.
2
No person shall carry unclassified explosives in a vehicle except–
a
solely in connection with an application for their classification; and
b
in accordance with such conditions as are approved in writing for the time being by the Health and Safety Executive or in the case of military explosives, by the Secretary of State for Defence, for the purposes of this regulation.
Carriage of explosives in vehicles used to carry passengers for hire or reward
5
1
No person shall carry explosives in a vehicle being used to carry passengers for hire or reward except in accordance with the conditions specified in paragraph (2).
2
The said conditions are:–
a
the only explosives carried by that person are any of the explosives specified in Parts I or II of Schedule 1, gunpowder or smokeless powder, or any mixture of them;
b
the maximum total quantity of explosives carried by that person does not exceed 2 kilograms;
c
the explosives are kept with that person and are kept properly packed;
d
all reasonable precautions are taken by that person for the prevention of accidents arising from the explosives.
3
For the purposes of this regulation, where explosives are being carried by a passenger the driver and operator of the vehicle shall not be treated as carrying them as well.
Suitability of vehicles and freight containers and limits on quantities
6
1
The operator of a vehicle used for the carriage of explosives shall ensure that the vehicle and any freight container so used are suitable for the safety and security of the explosives having regard to the type and quantity of explosives being carried.
2
The operator of a vehicle shall ensure that there is not carried in that vehicle at any one time explosives of the type specified in column 1 of Schedule 2 in excess of the quantity specified for that type of explosive in the corresponding entry in column 2 thereof.
3
In a case where explosives in different Compatibility Groups or Divisions are being carried together, Schedule 2 shall be applied in accordance with the provisions of paragraphs 1, 2(a) and 3 of Schedule 3.
4
Nothing in paragraph (2) shall be construed as allowing a greater quantity of explosives to be carried than that for which the vehicle and freight container are suitable as described in paragraph (1).
Mixed loads
7
1
The operator of a vehicle used for the carriage of explosives shall ensure that–
a
explosives in different Compatibility Groups are not carried together unless–
i
such carriage is permitted by paragraph 4 of Schedule 3; or
ii
subject to paragraph (2), effective measures have been taken to ensure that the carriage of such a mixed load is no more dangerous than the carriage of the same quantity of explosives in any one of the Compatibility Groups carried;
b
explosive substances and explosive articles in the same Compatibility Group are not carried together unless–
i
such carriage is permitted by paragraph 4 of Schedule 3; or
ii
subject to paragraph (2), effective measures have been taken to ensure that the carriage of such a mixed load is no more dangerous than the carriage of the same quantity of explosives in the form of explosive substances or explosive articles alone;
c
unclassified explosives are not carried with classified explosives except those in Compatibility Group S.
2
Notwithstanding paragraph (1)(a)(ii) and (b)(ii) the operator of a vehicle used for the carriage of explosives shall ensure that–
a
explosives in Compatibility Groups A, H or L are not carried together or with explosives in any other Compatibility Group;
b
explosives in Compatibility Group L are not carried with a different type of explosive in the same Compatibility Group.
3
The operator of a vehicle used for the carriage of explosives shall ensure that the explosives are not carried with any other substance which is dangerous for conveyance (within the meaning of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 , unless all reasonably practicable measures have been taken to prevent the explosives being brought into contact with, or otherwise endangering or being endangered by, any such substance.
Marking of vehicles
8
1
The operator and the driver of a vehicle used for the carriage of explosives shall, subject to the exceptions specified in Part II of Schedule 4, ensure that the requirements specified in Part I of that Schedule are complied with.
2
In a case where explosives in different Divisions are being carried together, Schedule 4 shall be applied in accordance with the provisions of paragraphs 2(b) and 3 of Schedule 3.
Consignment
9
1
The operator of a vehicle used for the carriage of explosives shall ensure that he has obtained from the consignor of the explosives or some other person acting on his behalf such information as will enable the operator to comply with his duties under these Regulations.
2
It shall be the duty of the consignor to ensure that the information referred to in paragraph (1)–
a
is provided to the operator in writing; and
b
is accurate and sufficient for the purposes of that paragraph.
3
The operator of a vehicle used for the carriage of explosives shall not remove any explosives from the consignor’s premises unless he is ready immediately to despatch them to the consignee or other person referred to in regulation 13(1)(c).
Information in writing to be available during carriage
10
1
The operator of a vehicle used for the carriage of explosives shall ensure that the driver or any attendant thereof has in his possession the following information in writing at the start of the journey:–
a
in the case of classified explosives, the Division and Compatibility Group of each type of explosive carried;
b
the net mass (in tonnes or kilograms) of each type of explosive carried, except that the gross mass (in tonnes or kilograms) may be stated instead if the operator does not know and could not reasonably ascertain what the net mass is;
c
whether, in the case of explosives in Compatibility Group C, D or G, the explosives carried are explosive substances or explosive articles;
d
the name and address of the consignor, the operator of the vehicle and the consignee;
e
such other information as will enable the driver and any attendant to know the nature of the dangers to which the explosives carried may give rise and the action to be taken in an emergency.
2
The driver and attendant shall not carry explosives in the vehicle unless–
a
the said information in writing referred to in paragraph (1) is kept on the vehicle from the start of the journey and is thereafter readily available at all times while the explosives are being carried; and
b
the information in writing relating to any explosives which are not being carried at that time is deleted, destroyed, removed from the vehicle, or placed in a securely closed container clearly marked to show that the information does not relate to explosives then being carried.
3
The driver or attendant shall on request show to any police officer or traffic examiner the information in writing referred to in paragraph (1).
4
Nothing in paragraph (2)(a) shall prevent the removal from the vehicle of the information in writing for the purposes of showing it, or otherwise communicating the information, to the police, fire brigade, a traffic examiner, or an inspector.
5
In this regulation “traffic examiner” means a goods vehicle examiner within the meaning of section 68(2) of the Road Traffic Act 1988.
6
This regulation shall not apply to the carriage of–
a
any explosives specified in Part I of Schedule 1;
b
gunpowder or smokeless powder, or a mixture of them, if the total quantity of such explosives does not exceed 5 kilograms;
c
any explosives specified in Parts II or III of Schedule 1 if–
i
throughout the carriage the explosives are accompanied by a person who has knowledge of the matters specified in paragraph (1); and
ii
the quantity of such explosives does not exceed 50 kilograms, except that if other explosives are being carried pursuant to sub-paragraph (b) above in the same vehicle, the total quantity of explosives carried pursuant to that sub-paragraph and this sub-paragraph shall not exceed 50 kilograms.
Duty to ensure safe and secure carriage
11
1
The operator of a vehicle used for the carriage of explosives and any person engaged in the carriage, or having custody or control of the explosives during the carriage, shall take such steps as it is reasonable for persons in their positions to take to–
a
prevent accidents and minimise the harmful effects of any accident which may occur; and
b
prevent unauthorised access to, or removal of, all or part of the load.
2
The operator and driver of a vehicle used for the carriage of explosives shall, subject to paragraph (4), ensure that a competent person is constantly in attendance with the vehicle whenever the driver is not present except–
a
during stops in a safe and secure place (within the meaning of paragraph (3)); or
b
where the vehicle is on a site where some or all of the explosives are to be used that day and–
i
the only explosives in the vehicle are blasting explosives not exceeding 50 kilograms in quantity, detonating cord not exceeding 10 kilograms in quantity, detonators not exceeding 100 grams in quantity or 100 in number, or a mixture of them; and
ii
adequate security precautions are taken.
3
In paragraph (2)(a) “a safe and secure place” means a safe and secure place–
a
within a factory or magazine licensed under the Explosives Act 1875 or lawfully existing under that Act or by virtue of a certificate of exemption granted pursuant to the Explosives Act 1875 (Exemptions) Regulations 1979 ; or
b
within premises under the control of the Ministry of Defence.
4
Paragraph (2) shall not apply to the carriage of any explosives specified in Parts I to III of Schedule 1.
5
The operator and driver of a vehicle used for the carriage of more than 5 tonnes of explosives in Division 1.1 shall ensure that the route followed is the route, or one of the routes, agreed with the chief officers of police of the relevant police districts.
Procedure in the event of accident
12
1
The driver of a vehicle used for the carriage of explosives, or if he is not present, the person in attendance having custody or control of the explosives, shall in the event of–
a
spillage of the explosives such as to constitute a risk to safety;
b
damage to the explosives or their packaging such as to constitute a risk to safety;
c
the vehicle overturning; or
d
a fire or explosion on the vehicle,
ensure that the police, fire brigade and operator of the vehicle are informed by the quickest practicable means.
2
On being informed of the occurrence of any event referred to in sub-paragraphs (a) to (d) of paragraph (1), the operator of the vehicle shall inform the Health and Safety Executive by the quickest practicable means of the occurrence of that event.
3
On the occurrence of any event referred to in sub-paragraphs (a) to (d) of paragraph (1), the operator and the driver (or if the driver is not present the person in attendance having custody or control of the explosives) shall ensure that all proper precautions are taken for the security of the explosives and the safety of persons likely to be affected by ignition or initiation of the explosives.
Duration of carriage and delivery
13
1
The operator and the driver of a vehicle used for the carriage of explosives shall ensure–
a
that the carriage is completed within a reasonable length of time having regard to the distance involved;
b
that any explosives intended to be delivered to a particular place are unloaded from the vehicle as soon as is reasonably practicable after it arrives at that place;
c
that the explosives are delivered to–
i
the consignee or his agent, or
ii
any other person who accepts custody of the explosives for onward despatch, provided that they are delivered to either a safe and secure place (within the meaning of regulation 11(3)) or a designated parking area in an airport, a railway transhipment depot or siding, a harbour, or a harbour area;
and, that if they cannot be so delivered, they are returned to the consignor or his agent; and
d
that any trailer, semi-trailer or freight container containing explosives is not detached from the vehicle except–
i
in either a safe and secure place (within the meaning of regulation 11(3)) or a designated parking area in an airport, a railway transhipment depot or siding, a harbour, or a harbour area; or
ii
in an emergency.
2
In this regulation–
a
“harbour” and “harbour area” have the meanings assigned to them by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
b
“designated parking area” means–
i
in relation to an airport or railway transhipment depot or siding, an area allocated by the occupier as an area for parking vehicles carrying explosives;
ii
in relation to a harbour or harbour area, a parking area designated for the purposes of regulation 32 of the Dangerous Substances in Harbour Areas Regulations 1987.
Training and instruction of drivers and attendants
14
1
The operator of a vehicle used for the carriage of explosives shall ensure that the driver and any attendant have received adequate training and instruction to enable them to understand–
a
the nature of the dangers to which the explosives carried may give rise and the action to be taken in an emergency;
b
their duties under these Regulations and under the Health and Safety at Work etc. Act 1974.
2
The operator shall keep a record of such training and instruction received–
a
by himself, if he is a driver or attendant; and
b
by drivers and attendants in his employment, to whom a copy shall be made available.
3
This regulation shall not apply to the carriage of–
a
any explosives specified in Part I of Schedule 1;
b
gunpowder or smokeless powder, or a mixture of them, if the total quantity of such explosives does not exceed 5 kilograms; or
c
any explosives specified in Part II of Schedule 1, if the quantity of such explosives does not exceed 50 kilograms, except that if other explosives are being carried pursuant to sub-paragraph (b) above in the same vehicle, the total quantity of explosives carried pursuant to that sub-paragraph and this sub-paragraph shall not exceed 50 kilograms.
Minimum age limits for persons engaged in the carriage of explosives
15
1
Subject to paragraph (2) no person under the age of 18 years shall–
a
use any vehicle for the carriage of explosives;
b
be employed as the driver or attendant of such a vehicle;
c
be made responsible for the security of the explosives;
d
be allowed to go on or in such a vehicle except in the presence and under the supervision of a competent person who is at least 18 years of age.
2
Paragraph (1) shall not apply to the carriage of–
a
any explosives specified in Part I of Schedule 1; or
b
any explosives specified in Part II of Schedule 1, if the total quantity of such explosives does not exceed 50 kilograms.
Enforcement
16
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1977 , the enforcing authority for these Regulations shall be the Health and Safety Executive.
Certificates of exemption
17
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt from all or any requirements or prohibitions imposed by these Regulations any particular, or class of, explosive, person or vehicle and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the security of the explosives will be prejudiced.
3
The Secretary of State for Defence may in the interests of national security exempt by a certificate in writing from all or any requirements or prohibitions imposed by these Regulations any particular, or class of–
a
military explosive;
b
person engaged in the carriage of military explosive;
c
vehicle used for the carriage of military explosive,
and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
Amendment of the Explosives Act 1875
18
In proviso (2) to section 5 of the Explosives Act 1875, except in so far as it applies to Northern Ireland, for the words “with respect to the conveyance of gunpowder” there shall be substituted “and of any health and safety regulations (within the meaning of Part I of the Health and Safety at Work etc. Act 1974) which apply to that conveyance.”
Repeals and revocations
19
1
Section 97(5) of the Explosives Act 1875 and paragraph 4 of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947 are hereby repealed.
2
The Order of the Secretary of State No 11 dated 20th September 1924 (except byelaw 3) is hereby revoked to the extent it relates to conveyance by road.
3
The Conveyance by Road of Military Explosives Regulations 1977 are hereby revoked.
4
The Acts, Order and Regulations specified in this regulation are not repealed or revoked in relation to their application in Northern Ireland.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
5th April 1989


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Miscellaneous Modifications) Regulations 1989 and shall come into force on 11th August 1989.
Modifications
2
The Regulations specified in the Schedule to these Regulations shall be modified to the extent specified in that Schedule.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
6th July 1989


text:
1
These Rules may be cited as the Magistrates' Courts (Amendment) Rules 1989 and shall come into force on 3rd April 1989.
2
The Magistrates' Courts Rules 1981 shall be amended by the insertion after rule 104 of the following rule:
Statements, etc. relevant to making confiscation orders under the Criminal Justice Act 1988
104A
1
Where a defendant has been convicted of an offence listed in Schedule 4 to the Criminal Justice Act 1988 and the prosecutor or the defendant proposes to tender to a magistrates' court any statement or other document under section 73 of the Criminal Justice Act 1988 (statements, etc. relevant to making confiscation orders) he shall serve it within such time as the court may require on the clerk of the magistrates' court, and at the same time serve a copy thereof on the defendant or the prosecutor, as the case may be.
2
Any statement tendered to the magistrates' court by the prosecutor or the defendant under section 73 of the said Act of 1988 shall include the following particulars, namely–
a
the name of the defendant and the case number;
b
the name of the person by whom the statement is tendered and, if different, the name of the person by whom it is made;
c
the date on which and the place where the conviction for the offence occurred;
d
the facts relied on in support of any allegation or matter indicated.
.
Mackay of Clashfern, C.
1st March 1989


text:
Citation and commencement
1
This Order may be cited as the Social Security (Philippines) Order 1989 and shall come into force on 1st December 1989.
Modification of the Social Security Act 1975
2
The Social Security Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Food Imitations (Safety) Regulations 1989 and shall come into force on 1st January 1990.
2
The Food Imitations (Safety) Regulations 1985 and the Food Imitations (Safety) (Amendment) Regulations 1985 are hereby revoked.
3
In these Regulations–
“food” means food for human consumption and includes drink, chewing gum and other products of a like nature and use and articles and substances used as ingredients in the preparation of food or drink or of such products;
“goods” do not include those mentioned in section 11(7)(a) to (d) of the Consumer Protection Act 1987 or–
marbles;
products bona fide intended for use to represent food in a dolls' house or other model scene or setting; or
anything consisting entirely of articles or substances used as ingredients in the preparation of food.
4
No person shall supply, offer to supply, agree to supply, expose for supply or possess for supply any manufactured goods which are ordinarily intended for private use and are not food but which–
a
have a form, odour, colour, appearance, packaging, labelling, volume or size which is likely to cause persons, in particular, children to confuse them with food and in consequence to place them in their mouths or suck them or swallow them; and
b
where such action as is mentioned in (a) above is taken in relation to them, may cause death or personal injury.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
27th July 1989


text:
Title and commencement
1
This Order may be cited as the Movement of Animals (Records) (Amendment) Order 1989 and shall come into force on 1st September 1989.
2
The Movement of Animals (Records) Order 1960 shall be amended as follows–
a
in article 2 (interpretation)–
i
in paragraph (1)
at the end of the definition of“animal” there shall be added the words“or a deer”, and
after the definition of“bovine animal” there shall be inserted the following definition–
“deer” means a deer of any species
; and
ii
for paragraph (3) there shall be substituted the following paragraph–
3
The references to an ear-mark or an ear-tag in the Schedule to this Order shall, in the case of bovine animals, be taken as a reference to any mark or other means of identification applied for the purposes of article 16(1) of the Tuberculosis (England and Wales) Order 1984 or, in the case of deer to any mark or other means of identification applied for the purposes of article 13(1) or (2) of the Tuberculosis (Deer) Order 1989 .
;
b
in article 3(1) (records of movements of animals)–
i
in the proviso, after the words“bovine animals” there shall be inserted the words“or deer”, and
ii
at the end of the proviso there shall be added the words“or by the word“deer” (as the case may be).”;
c
after article 3 there shall be inserted the following article–
3A
1
Any person who sells any deer by private treaty and any person who conducts a sale of any deer by auction shall make a record of–
a
the identification number of the deer;
b
the date of the sale of the deer;
c
the name and address of the vendor and purchaser of the deer; and
d
where the deer was sold at a market, the number of the pen (if any) in which the deer was kept while at the market.
2
In paragraph (1)(a) above the reference to an identification number shall be taken as a reference to any mark or other means of identification applied for the purposes of article 13(1) or (2) of the Tuberculosis (Deer) Order 1989.
;
d
for article 4 there shall be substituted the following article–
4
1
Every entry in a record required to be made by a person under this Order shall be made by him in ink or indelible pencil within 36 hours of the completion of the movement of the animal, or, as the case may be, of the sale of the deer to which such record relates.
2
Every record required to be made by a person under this Order shall be retained by him for–
a
in the case of a record relating to a bovine animal or a deer, a period of 3 years; or
b
in the case of a record relating to any other animal, a period of 12 months
from the date of the completion of the movement or, as the case may be, of the sale of any deer to which such record relates;
3
Any person who is for the time being in charge of any record required to be made under this Order shall, on demand made by an inspector at any reasonable time during that period, produce such records and allow a copy thereof or an extract therefrom to be taken.
4
A local authority may supply forms of record for the purposes of this Order to any person in the district of the local authority.
;
e
after article 5 there shall be inserted the following article–
Offences
5A
Any person who, without lawful authority or excuse, proof of which shall lie on him,–
a
makes an entry in a record for the purposes of this Order which he knows to be false in a material particular; or
b
for those purposes recklessly makes an entry in a record which is false in a material particular,
commits an offence against the Animal Health Act 1981.
; and
f
in the Schedule (form of movement records), in the heading of columns 2, 3, 4 and 5, after the words“bovine animal” there shall be inserted the words“or deer”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd May 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
Peter Walker
Secretary of State for Wales
18th May 1989


text:
1
This Order may be cited as the CSCE Information Forum (Immunities and Privileges) Order 1989 and shall come into force on 13th April 1989.
2
1
For the purposes of this Order, there are hereby specified the representatives of the sovereign Powers at the CSCE Information Forum.
2
Except in so far as in any particular case any privilege or immunity is waived by the Governments of the sovereign Powers whom they represent, the persons specified in the preceding paragraph shall enjoy:–
a
immunity from suit and legal process in respect of things done or omitted to be done by them in their capacity as representatives;
b
while exercising their functions and during their journeys to and from the place of meeting, the like inviolability of residence, the like immunity from personal arrest or detention and from seizure of their personal baggage, the like inviolability of all papers and documents, and the like exemption or relief from taxes (other than customs and excise duties or value added tax) as are accorded to the head of a diplomatic mission; and
c
while exercising their functions and during their journeys to and from the place of meeting, the like exemptions and privileges in respect of their personal baggage as in accordance with Article 36 of the Vienna Convention on Diplomatic Relations, which is set out in Schedule 1 to the Diplomatic Privileges Act 1964 , are accorded to a diplomatic agent.
3
Section 6(3) of the Act and Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of a representative other than delegates, deputy delegates, advisers, technical experts and secretaries of delegations.
4
Neither this Article nor section 6(3) of the Act and Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of the United Kingdom or as a member of the official staff of such a representative or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British National (Overseas) or who is permanently resident in the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1989 and shall come into force on 1st May 1989.
2
The Town and Country Planning General Development Order 1988 is hereby amended as follows–
1
For article 1(4) (interpretation) there shall be substituted the following paragraph–
4
References to land used for a specified purpose do not include references to land which is being used in contravention of Part III of the Act or in contravention of previous planning control
.
2
In article 1(6) after the words “National Parks and adjoining land” there shall be inserted “and the Broads”.
3
In Schedule 1 Part 1 (National Parks, areas of outstanding natural beauty and conservation areas etc ), there shall be inserted at the end–
e
the Broads.
4
In Schedule 1 Part 2 (National Parks and adjoining land etc) in paragraph (a) after the words “In England,” there shall be inserted the words “the Broads or”.
5
In Schedule 2 Part 1 (development within the curtilage of a dwellinghouse)–
a
for paragraphs A.1(b) to (d) in Class A there shall be substituted the following paragraphs–
b
the part of the building enlarged, improved or altered would exceed in height the highest part of the roof of the original dwelling;
c
the part of the building enlarged, improved or altered would be nearer to any highway which bounds the curtilage of the dwellinghouse than–
i
the part of the original dwellinghouse nearest to that highway; or
ii
20 metres
whichever is the nearest to the highway;
d
the part of the building enlarged, improved or altered would be within 2 metres of the boundary of the curtilage of the dwellinghouse and would exceed 4 metres in height;
;
b
in paragraph A.3(a)(ii) for the word “is” there shall be substituted the words “would be”;
c
in paragraph B.1(d)(ii) after the words “more than 70” there shall be inserted the word “cubic”;
d
in paragraphs E, E.2 and F after the words “purpose incidental to the enjoyment of the dwellinghouse” there shall be inserted the words “as such”.
6
In Schedule 2 Part 4 (temporary buildings and uses) in paragraph B.2 paragraph (c) (clay pigeon shooting) shall be deleted.
7
In Schedule 2 Part 6 (agricultural buildings and operations) in paragraph A.2(2) after the words “In the case of article 1(6) land, development consisting of the erection, extension or alteration of a building” there shall be inserted the words “or the formation or alteration of a private way” and after the words “siting, design and external appearance of the building” in paragraph A.2(2)(b) there shall be inserted the words “and the siting and means of construction of the private way”.
8
In Schedule 2 Part 23 (removal of material from mineral-working deposits) for paragraph C.1(b) there shall be substituted the following paragraph–
b
the deposit covers a ground area exceeding 2 hectares, unless the deposit contains no mineral or other material which was deposited on the land more than 5 years before the development; or
.
9
In Schedule 5 Part 1 (certificates under section 27 of the Act etc) in Certificate D for the words “at the beginning of the period of 21 days beginning with the date of the application/appeal*” there shall be substituted the words “at the beginning of the period of 21 days ending with the date of the application/appeal*”.
10
In Schedule 5 Part 2 (notice under section 27 of the Act) and Part 3 (notice of appeal under sections 27 and 36 of the Act)–
a
after the words “( to be published in a local newspaper or to be served on an owner *” there shall be inserted the words “ or agricultural tenant ‡”;
b
after the words “Any owner*” there shall be inserted the words “/agricultural tenant‡†”;
c
after the definition of “owner” the following definition shall be inserted–
‡“agricultural tenant” means a tenant of an agricultural holding.
3
The Town and Country Planning General Development (Amendment) Order 1988 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
3rd April 1989
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
4th April 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by 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 either 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 purposes 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 HA10/2-SWM 55 marked “The A38 Trunk Road (Marsh Mills Junction Improvement) Order 1989” 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 highways mentioned in article 1 of this Order; and
iii
“the trunk road” means the A38 Trunk Road.
5
This Order shall come into force on 19th May 1989 and may be cited as the A38 Trunk Road (Marsh Mills Junction Improvement) Order 1989.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
26th April 1989


text:
Citation and commencement
1
These Regulations may be cited as the Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989 and shall come into force on 1st September 1989.
Consents for discharges by the National Rivers Authority
2
Consents required by the National Rivers Authority for the purposes of section 108(1)(a) of the Act (authority for discharges and other defences for the purposes of section 107) shall be given by the Secretary of State (instead of by the Authority) and, accordingly, the provisions of Schedule 12 to the Act shall apply in relation to cases in which consents are so required with the modifications specified in Schedule 1 to these Regulations.
Modifications
Schedule 2 to these Regulations reproduces Schedule 12 to the Act with the modifications set out in Schedule 1 hereto.
Signed by authority of the Secretary of State
Michael Howard
Minister for Water and Planning,
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989


text:
Citation and commencement
1
These Regulations may be cited as the Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
Amendment of Regulations
2
The Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989 are amended–
1
in regulation 3(1), by the insertion after the words “being a visit” of the words “in connection with the provision of supplies of water, or as the case may be, of sewerage services”;
2
in regulation 4, by the substitution for paragraph (3)(b) of the following sub-paragraph–
b
in the case of a query, that severe weather conditions made it impracticable to make a visit reasonably required, in the undertaker’s opinion, for the purpose of replying; or
;
3
in regulation 5–
a
in paragraph (2)(a), by the substitution for the words “necessitates a visit” of the words “reasonably requires a visit”;
b
by the insertion after paragraph (2)(b) of the following sub-paragraph–
c
in the case of a complaint in relation to which sub-paragraph (a) applies, to despatch a substantive reply to the customer within 20 working days from the date of the receipt of the complaint.
; and
c
by the insertion in paragraph (3)(e) after the word “complaint” of the following words–
; or
that severe weather conditions made it impracticable to make a visit reasonably required, in the undertaker’s opinion, for the purpose of replying as mentioned in paragraph (2)(c)
; and
4
in regulation 7–
a
in paragraph (3), by the insertion after the words “that customer” of the words “(or credit to his account)”; and
b
in paragraph (4)(iii), by the insertion after the words “supply was” of the words “interrupted or”.
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
3rd August 1989
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State
Department of the Environment
2nd August 1989


text:
1
This Order may be cited as the Education (Designated Institutions) (Amendment) Order 1989 and shall come into force on 6th December 1989.
2
The Education (Designated Institutions) Order 1989 is hereby amended by the deletion from Part I of the Schedule thereto of the following institutions –
Camborne School of Mines
Dartington College of Arts (Devon)
Derbyshire College of Higher Education
West London Institute of Higher Education
West Sussex Institute of Higher Education.
3
1
Those institutions, being institutions which appear to the Secretary of State to fall within subsection (2) or (3) of section 129 of the Act, are hereby designated as institutions eligible to receive support from funds administered by the Polytechnics and Colleges Funding Council.
2
Section 130 of the Act shall apply to those institutions.
4
The persons who are trustees on 6th December 1989 of or under an instrument referred to in column 2 of the Schedule to this Order, being persons appearing to the Secretary of State to be trustees holding property for the purposes of the institution referred to in column 1 opposite the reference to the instrument, are hereby specified as the appropriate transferees in relation to that institution for the purposes of the said section 130.


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into operation.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order —
All measurements of distance are measured along the route of the relevant highway:
“the deposited plan” means the plan numbered HA10/2 WO35, marked “The A483 Swansea-Manchester Trunk Road (Improvement at Bryn Sadwrn) Order 1989” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“the new trunk road” means the highway mentioned in article 1 of this Order;
“the trunk road” means the A483 Swansea-Manchester Trunk Road.
4
This Order shall come into force on 1st March 1989 and may be cited asthe A483 Swansea-Manchester Trunk Road (Improvement at Bryn Sadwrn) Order 1989.
Signed by authority of the Secretary of State
J A Morgan
An Assistant Secretary, Welsh Office
18th January 1989