text:
1
These Regulations may be cited as the Education (Prescribed Courses of Higher Education) (England) Regulations 1989 and shall come into force on 1st April 1989.
2
1
In these Regulations –
“ the Act ” means the Education Reform Act 1988;
“block release” and “day release” have the same meanings as in paragraph 3 of Schedule 9 to the Act;
“a course providing education at a higher level” is to be construed in accordance with paragraph 3 of Schedule 6 to the Act;
“professional examination at a higher level” has the same meaning as in paragraph 2 of Schedule 6 to the Act;
“recognised award” has the same meaning as in section 214(2)(a) and (b) of the Act; and
“sandwich course” has the same meaning as in paragraph 3 of Schedule 9 to the Act.
2
For the purposes of these Regulations a course does not cease to be a prescribed course of higher education merely because persons enrolled to take part in it include persons who study otherwise than by the mode of attendance described in the Schedule to these Regulations.
3
The courses of higher education set out in the Schedule to these Regulations, when provided by institutions in England, are hereby prescribed for the purposes of section 132(5), (7) and (11) of the Act.


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 3) Order 1989 and shall come into force on 3rd January 1990.
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed, and in respect of which this Order is made, is in position Latitude 51° 12.00' North, Longitude 01° 30.56' East.
2
The area within a distance of 150 metres of that position shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
6th December 1989


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Registered Fever Nurses Amendment Rules and Training Amendment Rules) Approval Order 1989 and shall come into force on 1st September 1989.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
7th August 1989


text:
1
This Order may be cited as the Copyright and Rights in Performances (Notice of Seizure) Order 1989 and shall come into force on 1st August 1989.
2
The form set out in the Schedule to this Order is hereby prescribed for the notice required under section 100(4) and section 196(4), respectively, of the Act.
Eric Forth
Parliamentary Under Secretary of State for Industry and Consumer Affairs,
Department of Trade and Industry
13th June 1989


text:
Citation and commencement
1
This Scheme may be cited as the Heathrow Airport–London Noise Insulation Grants Scheme 1989 and shall come into force on 1st April 1989.
Interpretation
2
In this Scheme–
“earlier schemes” means the London (Heathrow) Airport Noise Insulation Grants Scheme 1966 , the Heathrow Airport–London Noise Insulation Grants Scheme 1972 , the Heathrow Airport–London Noise Insulation Grants Scheme 1975 and the Heathrow Airport–London Noise Insulation Grants Scheme 1980 ;
“eligible dwelling” means a dwelling to which this Scheme applies under Article 4;
“flueless combustion appliance” means an appliance designed for use without connection to a flue system, the products of combustion being allowed to mix with the air of the room in which the appliance is situated;
“ HAL ” means Heathrow Airport Limited;
“insulation works” means works carried out in order to insulate dwellings, or parts of dwellings, against noise.
Revocation
3
The Heathrow Airport–London Noise Insulation Grants Scheme 1980 and the Heathrow Airport–London Noise Insulation Grants (Variation) Scheme 1981 are hereby revoked.
Dwellings to which the Scheme applies
4
1
This Scheme applies to all dwellings, being dwellings the construction of which was completed before 1st April 1980, situated within the area shown hatched red on the map marked “Heathrow Airport–London Noise Insulation Grants Scheme 1989” sealed with the Official Seal of the Secretary of State for Transport and deposited at the office of the Departmental Record Officer, Romney House, 43 Marsham Street, London, SW1.
2
For the purposes of this Scheme–
a
all bedrooms and a maximum of two living rooms in a dwelling shall qualify for insulation works:
Provided that–
i
a room used, or intended for use, only as a kitchen or scullery, or a room in which there is installed a flueless combustion appliance (including a gas cooker), and
ii
any room added to a dwelling, if the addition was completed after 31st March 1980,
shall not be eligible for insulation;
b
a dwelling converted into two or more dwellings shall be treated as a single dwelling if the conversion was completed after 31st March 1980.
Persons to whom grants are to be paid by Heathrow Airport Limited
5
Subject to the provisions of this Scheme, HAL shall make a grant in respect of an eligible dwelling to any person who has applied for the grant at a time when–
a
he is the occupier of the dwelling, or
b
if the dwelling is unoccupied at that time, he is entitled to be the occupier, or
c
if there is a tenancy or licence of the dwelling, he is the immediate landlord or licensor of the occupier or, if the dwelling is unoccupied, of the person entitled to be the occupier,
and the amount of the grant shall be recoverable by that person from HAL as a debt due to him:
Provided that–
i
if two or more persons have applied for a grant in respect of the insulation of the same room, otherwise than as joint applicants, the grant shall be paid only to the applicant otherwise entitled to it whose application was first received by HAL unless such application shall be withdrawn;
ii
a grant shall not be paid to any person, if he claims the grant by reason of being the landlord or the licensor of the dwelling, unless he was entitled to an interest in that dwelling on 1st April 1980 and has retained the interest since that date, whether as holder of the fee simple or otherwise; or in any other case unless on that date he resided or was entitled to reside in that dwelling, disregarding any tenancy or licence held by any other person, and has resided there or has been entitled to reside there continuously since that date;
iii
a grant shall not be paid if the dwelling is, at the time when the application is lodged, the subject of tenancy or licence unless the applicant, being the tenant or licensee, certifies that he has obtained any requisite consent of the landlord or licensor, or being the landlord or licensor, certifies that he has obtained any requisite consent of the tenant or licensee.
Conditions upon compliance with which the payment of grant is dependent
6
The payment of a grant in respect of an eligible dwelling under this Scheme shall be dependent upon compliance with the following conditions:
a
the applicant shall, on or before 31st March 1991 and before the start of the insulation works to which the application relates, have lodged an application in writing for the grant with HAL;
b
the applicant shall, before the start of the insulation works to which the application relates, have received from HAL a written statement indicating whether in the opinion of HAL the application will qualify for a grant under this Scheme and if not, for what reasons;
c
the application shall have included:
i
the address of the dwelling;
ii
the name and address of the applicant, together with a statement whether he claims to be entitled to a grant as occupier, landlord or otherwise;
iii
such information as will indicate whether the applicant is qualified for a grant notwithstanding provisos (ii) and (iii) to Article 5 of this Scheme;
iv
brief specifications of the proposed insulation works in each bedroom and living room to be insulated, including an estimate of the cost per room and the total cost; and
v
a statement that proposed insulation works will conform to the Schedule to this Scheme;
d
the applicant shall have provided HAL with sufficient evidence that the insulation works to which the application relates have been completed and of their actual cost;
e
the insulation works to which the application relates shall conform to the Schedule to this Scheme;
f
the insulation works to which the application relates shall have been completed before 30th September 1992.
Amount of grant
7
1
Subject to the following paragraphs of this Article, the rate of grant in respect of an eligible dwelling shall be 100 per cent of the actual cost of the insulation works reasonably incurred in respect of items required or permitted by the Schedule to this Scheme.
2
The total amount of grant payable under this Scheme in respect of any one eligible dwelling shall not exceed the total of the sums specified in the second column of Table 1 below in relation to the items specified in the first column (whether or not those items are included in the insulation works done under this Scheme in respect of that dwelling).
TABLE 1
a
double windows (including cost of making good existing fabric and decoration)
£92 per square metre
b
vent type “A” or permanent vent type “A” (including cost of making good existing fabric and decoration)
£55 per unit
c
inlet fan ventilator system (including cost of making good existing fabric and decoration)
£123 per system
d
second door for each external door opening directly into an insulated room (including cost of making good existing fabric and decoration)
£92 per square metre
e
blocking up of each chimney in an insulated room
£73
3
The maximum cost recoverable by way of grant in respect of each of the items specified in subparagraphs (a) to (e) of Table 1 above shall not exceed the amount specified in the second column of that table in relation to that item and where there is to be installed a combined ventilator system (in place of a separate vent and ventilator) or any Venetian blinds, the maximum cost recoverable in respect of those items by way of grant shall not exceed the amount specified in the second column of Table 2 below in relation to those items as specified in the first column:
TABLE 2
a
combined ventilator system (including making good existing fabric and decoration)
£154 per system
b
Venetian blinds
£21 per square metre
4
Where the permitted works include the provision of Venetian blinds, where appropriate, and by reason of their inclusion the cost of the insulation works carried out exceeds the total amount of the grant payable under this Article in respect of the insulation works specified in (a) to (e) of the table in paragraph (2) of this Article, the cost in excess of that amount shall be payable by the applicant.
5
No grant shall be payable for the blocking of chimneys in the case of a dwelling which is a public authority dwelling.
6
For the purposes of paragraph (5) of this Article “public authority dwelling” means a dwelling which is let or available for letting and where the interest of the immediate landlord, or the person who would be the immediate landlord if the dwelling were let, belongs to one of the following bodies:
a
the Commission for the New Towns;
b
a development corporation within the meaning of the New Towns Act 1981 ;
c
the Housing Corporation;
d
a housing association for the time being registered in the register of housing associations maintained under section 3 of the Housing Associations Act 1985 , other than one whose rules restrict membership to persons who are tenants or prospective tenants of the association, and preclude the granting or assigning of tenancies to persons other than members;
e
a district council and the council of a London borough, provided that the dwelling forms part of the Housing Revenue Account under section 417 of the Housing Act 1985 .
7
For the purposes of paragraph (6) of this Article a dwelling which is “let” means a dwelling which is subject to a tenancy (other than one which was granted for a term of years certain exceeding 7 years), or a dwelling subject to a licence to occupy, and “letting” shall be construed accordingly.
Reasons to be given for refusal of application
8
If an application for a grant under this Scheme is refused HAL shall, if so requested by the applicant, give him a written statement of its reasons for the refusal.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
23rd February 1989


text:
Citation and Commencement
1
These Regulations may be cited as the Income Tax (Reserve and Auxiliary Forces) (Amendment) Regulations 1989 and shall come into force on 8th November 1989.
Interpretation
2
In these Regulations unless the context otherwise requires the words “the 1975 Regulations ” mean the Income Tax (Reserve and Auxiliary Forces) Regulations 1975 and “regulation” means a regulation of, and “the Schedule” means the Schedule to, the 1975 Regulations.
Amendments to the 1975 Regulations – Merchant Navy Reserve
3
1
In regulation 2(3) for the definition of “the Ministry” there shall be substituted–
“The Ministry” means–
in relation to emoluments paid to members of the Merchant Navy Reserve, the Department of Transport, and
in all other cases, the Ministry of Defence.
.
2
In the Schedule there shall be added at the end–
22
Merchant Navy Reserve.
.
Amendments to the 1975 Regulations – appeals
4
1
In regulation 7–
a
in paragraph (5) the proviso shall be omitted; and
b
in paragraphs (7) and (8) the words “or the County Court” shall be omitted wherever they occur.
2
In regulation 8 in paragraph (1) the words “or the County Court” shall be omitted.
3
The provisions of paragraphs (1) and (2) shall not affect any appeal made under regulation 7 or 8 before the day on which these Regulations come into force.
A. J. G. Isaac
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
17th October 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The lengths of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road as from the date on which the Secretary of State notifies the County Council of Lancashire that the new trunk roads are open for 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 HA10/1 CNW 253 marked“The A59 Samlesbury–Skipton Trunk Road (Improvement from Crooks House to Bentha Hill) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, 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 Samlesbury–Skipton Trunk Road (A59).
5
This Order shall come into force on 26th April 1989 and may be cited as the A59 Samlesbury–Skipton Trunk Road (Improvement from Crooks House to Bentha Hill) Order 1989.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
20th March 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Undersized Bass Order 1989 and shall come into force on 1st January 1990.
2
In this Order–
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“length” means length from the tip of the snout to the extreme end of the tail fin.
Revocation
2
The Immature Bass Order 1981 and the Immature Bass (Variation) Order 1983 are hereby revoked.
Size limit for landing bass
3
Subject to article 4 below, for the purpose of section 1(1) of the Act (which prohibits the landing in Great Britain of any sea fish of any description, being a fish of smaller size than such size as may be prescribed in relation to sea fish of that description) a length of 36 centimetres is hereby prescribed in relation to the landing of bass of the species Dicentrarchus labrax .
Exemption
4
Landing from fishing boats other than British fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with article 3 of this Order.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of the enforcement of section 1 of the Act and article 3 of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this Article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this Article and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 1 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of section 1 of the Act as read with this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
21st July 1989
Peter Walker
Scretary of State for Wales
25th July 1989
Tom King
Secretary of State for Northern Ireland
25th July 1989


text:
1
These Regulations may be cited as the Education Support Grants (Amendment) Regulations 1989 and shall come into force on the day after the day on which they are made.
2
The Education Support Grants (Amendment) ( No. 2) Regulations 1988 are hereby revoked.
3
For regulation 4 of the Education Support Grants Regulations 1984 —
2
Subject to paragraphs (3), (4) and (7), grants in respect of approved expenditure incurred on or after 1st April 1990 shall be payable at the rate of 60 per cent. of such expenditure.
3
Grants in respect of approved expenditure incurred on or after 1st April 1988 in respect of item 4(a) in the Schedule hereto shall be payable at the rate of 50 per cent. of such expenditure.
4
Grants in respect of approved expenditure incurred on or after 1st April 1989 in respect of items 2 and 3 in the Schedule hereto shall be payable at the rate of 50 per cent. of such expenditure.
5
As respects England, grants in respect of approved expenditure incurred on or after 1st April 1989, but before 1st April 1990, in respect of item 12 in the Schedule hereto shall be payable at the rate of 50 per cent. of such expenditure.
6
Grants in respect of approved expenditure in respect of item 18 in the Schedule hereto incurred on or after 1st April 1989 but before 1st April 1990 on the provision of computer hardware or on the provision of staff in posts created on or after 1st April 1989 but before 1st April 1990 shall be payable at the rate of 50 per cent. of such expenditure.
7
Grants in respect of approved expenditure incurred in respect of item 34 in the Schedule hereto shall be payable at the rate of 70 per cent. of such expenditure.
8
In this regulation, “approved expenditure” means any expenditure which is approved as provided in regulation 3.
4
1
For paragraphs (2) and (3) of regulation 5 of the principal Regulations, there shall be substituted the following —
2
Application for the payment of grant shall relate to expenditure over one or more quarters and shall specify the approved expenditure in respect of which grant is applied for which it is estimated has been or will be incurred by the education authority during each quarter.
3
Where an application relating to approved expenditure which it is estimated has been or will be incurred during the quarter commencing on 1st January in any year is submitted on or before 15th March in that year a payment equal to half the grant applied for in respect of that expenditure may be made forthwith but no further payment of grant shall be made in respect of that expenditure until an application has been submitted in accordance with paragraph (4)(a).
2
In paragraph (4)(b) of regulation 5 of the principal Regulations before the word “certificate” there shall be inserted the words “final unqualified”.
5
For the Schedule to the principal Regulations there shall be substituted the following Schedule —
SCHEDULE
PURPOSES FOR OR IN CONNECTION WITH WHICH GRANTS ARE PAYABLE
1
The management and appraisal of lecturers and school teachers.
2
The teaching of mathematics in schools.
3
The teaching of science and technology as part of primary education.
4
A pilot project devised with one of the following objectives:
a
to provide records of achievement for pupils in secondary schools or students at further education establishments;
b
to improve the quality of education provided in primary schools in urban areas;
c
to improve the quality or the range of the curriculum provided in primary schools in rural areas;
d
to meet the educational needs of persons from ethnic minorities, to promote harmony between different racial groups or in other ways to prepare persons for life in a multi-ethnic society;
e
to improve the use of the spoken word by pupils of compulsory school age;
f
to promote social responsibility in children;
g
to broaden the range of languages learnt by pupils in secondary schools as their first foreign language.
5
The provision of re-training and up-dating courses directed towards the needs of industry and commerce.
6
The development of the use of information technology at further education establish ments, by providing equipment, preparing or providing course material and computer software, or training teachers employed at such establishments.
7
The planning, development and co-ordination of provision to meet the educational needs (including the need for guidance) of persons who are unemployed (excluding those currently receiving full-time education).
8
The provision of data-processing equipment, and accessories and software for such equipment, for use in the management of further education establishments and the training of staff in the use of such equipment.
9
Developing the knowledge and appreciation, among pupils in schools in Wales, of the heritage, culture and language of Wales.
10
The development, provision and appraisal of courses of training for school governors.
11
The provision of support for parents in the teaching of children under the age of five with special educational needs.
12
The provision of health education, especially education to combat the abuse of drugs, alcohol and solvents, education about the risks associated with smoking, and education about acquired immune deficiency syndrome.
13
Securing the supervision of pupils in schools at midday.
14
The provision to schools and further education establishments of books and equipment for use on courses leading to an examination for the General Certificate of Secondary Education.
15
The organisation in urban areas of leisure-time activities of vocational benefit to young persons mainly between the ages of 14 and 21.
16
The development and support of methods of learning which do not require regular attendance at educational establishments, including activities connected with the Open College.
17
The provision of computer-aided engineering equipment for engineering courses in further education establishments.
18
The development of the use of information technology in primary and secondary schools through the provision of staff and computer hardware.
19
The preparation and implementation of schemes for financing county and voluntary schools made under section 33 of the Education Reform Act 1988 .
20
The preparation and implementation of schemes for financing locally funded further and higher education made under section 139 of the Education Reform Act 1988.
21
The development and appraisal of courses of training for governors of further education establishments.
22
The development and improvement of the inspection and advisory services provided by education authorities with a view to —
a
monitoring the quality of education provided by the authority in schools, and
b
providing advice in relation to the national curriculum (as defined in section 2 of the Education Reform Act 1988) and the delegation of financial management pursuant to schemes made under section 33 of that Act.
23
The provision in schools of the basic curriculum (as defined in section 2 of the Education Reform Act 1988).
24
The training of teachers in schools to improve pupils' use and understanding of the English language, with particular reference to the recommendations of the report of the Committee of Inquiry into the Teaching of English Language appointed by the Secretary of State for Education and Science under the chairmanship of Sir John Kingman, published by Her Majesty’s Stationery Office in March 1988 .
25
The training of teachers in Wales to teach Welsh as part of the national curriculum (as defined in item 22(b) above).
26
i
provision in urban areas of England of training to enable young people to qualify as youth workers, being training designed primarily for those between the ages of 18 and 25.
ii
provision of corresponding training in Wales within the Boroughs of Dinefwr, Llanelli, Blaenau Gwent, Islwyn, Torfaen, Cynon Valley, Merthyr Tydfil, Ogwr, Rhymney Valley, Taff Ely, Brecknock, Lliw Valley, Neath and Port Talbot and the City of Swansea
27
The provision of open learning centres to provide tuition for adults in literacy and numeracy.
28
The improvement of educational guidance services for adults including the develop ment of computer databases of local learning opportunities.
29
The improvement of provision for pupils whose behaviour poses difficulties for schools, and of support services for schools in dealing with such pupils.
30
Action to improve rates of attendance in schools.
31
The devising and implementation of measures to reduce the losses suffered by schools as a result of vandalism, theft and arson.
32
The development of schemes for local recruitment of former teachers and mature entrants to the teaching profession.
33
The promotion of the improved transmission between local education authorities and the Department of Education and Science of information relating to the employment of teachers.
34
The provision of support for the English Districts of the Workers' Educational Association.
John MacGregor
Secretary of State for Education and Science
21st December 1989
Ian Grist
Parliamentary Secretary of State, Welsh Office
21st December 1989


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 1989 and shall come into force on 1st December 1989.
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£225” there shall be substituted “£230” and for “£90” there shall be substituted “£93”.
Signed by authority of the Secretary of State.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
30th October 1989
We consent to the making of the Regulations.
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
31st October 1989


text:
Citation and commencement
1
These Regulations may be cited as the Noise at Work Regulations 1989 and shall come into force on 1st January 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“daily personal noise exposure” means the level of daily personal noise exposure of an employee ascertained in accordance with Part I of the Schedule to these Regulations, but taking no account of the effect of any personal ear protector used;
“exposed” means exposed whilst at work, and “exposure” shall be construed accordingly;
“the first action level” means a daily personal noise exposure of 85 dB(A) ;
“the peak action level” means a level of peak sound pressure of 200 pascals;
“the second action level” means a daily personal noise exposure of 90 dB(A).
2
In these Regulations, unless the context otherwise requires, any reference to–
a
an employer includes a reference to a self-employed person and any duty imposed by these Regulations on an employer in respect of his employees shall extend to a self-employed person in respect of himself;
b
an employee includes a reference to a self-employed person;
and where any duty is placed by these Regulations on an employer in respect of his employees, that employer shall, so far as is reasonably practicable, be under a like duty in respect of any other person at work who may be affected by the work carried on by him.
3
Duties under these Regulations imposed upon an employer shall also be imposed upon the manager of a mine or a quarry (within in either case the meaning of section 180 of the Mines and Quarries Act 1954 ) in so far as those duties relate to the mine or quarry or part of the quarry of which he is the manager and to matters under his control.
4
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation is a reference to the regulation in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Disapplication of duties
3
The duties imposed by these Regulations shall not extend to–
a
the master or crew of a sea-going ship or to the employer of such persons, in relation to the normal ship-board activities of a ship’s crew under the direction of the master; or
b
the crew of any aircraft or hovercraft which is moving under its own power or any other person on board any such aircraft or hovercraft who is at work in connection with its operation.
Assessment of exposure
4
1
Every employer shall, when any of his employees is likely to be exposed to the first action level or above or to the peak action level or above, ensure that a competent person makes a noise assessment which is adequate for the purposes–
a
of identifying which of his employees are so exposed; and
b
of providing him with such information with regard to the noise to which those employees may be exposed as will facilitate compliance with his duties under regulations 7, 8, 9 and 11.
2
The noise assessment required by paragraph (1) shall be reviewed when–
a
there is reason to suspect that the assessment is no longer valid; or
b
there has been a significant change in the work to which the assessment relates;
and, where as a result of the review changes in the assessment are required, those changes shall be made.
Assessment records
5
Following any noise assessment made pursuant to regulation 4(1), the employer shall ensure that an adequate record of that assessment, and of any review thereof carried out pursuant to regulation 4(2), is kept until a further noise assessment is made pursuant to regulation 4(1).
Reduction of risk of hearing damage
6
Every employer shall reduce the risk of damage to the hearing of his employees from exposure to noise to the lowest level reasonably practicable.
Reduction of noise exposure
7
Every employer shall, when any of his employees is likely to be exposed to the second action level or above or to the peak action level or above, reduce, so far as is reasonably practicable (other than by the provision of personal ear protectors), the exposure to noise of that employee.
Ear protection
8
1
Every employer shall ensure, so far as is practicable, that when any of his employees is likely to be exposed to the first action level or above in circumstances where the daily personal noise exposure of that employee is likely to be less than 90 dB(A), that employee is provided, at his request, with suitable and efficient personal ear protectors.
2
Every employer shall ensure, so far as is practicable, that when any of his employees is likely to be exposed to the second action level or above or to the peak action level or above, that employee is provided with suitable personal ear protectors which, when properly worn, can reasonably be expected to keep the risk of damage to that employee’s hearing to below that arising from exposure to the second action level or, as the case may be, to the peak action level.
Ear protection zones
9
1
Every employer shall, in respect of any premises under his control, ensure, so far as is reasonably practicable, that–
a
each ear protection zone is demarcated and identified by means of the sign specified in paragraph A.3.3 of Appendix A to Part 1 of BS 5378, which sign shall include such text as indicates–
i
that it is an ear protection zone, and
ii
the need for his employees to wear personal ear protectors whilst in any such zone; and
b
none of his employees enters any such zone unless that employee is wearing personal ear protectors.
2
In this regulation, “ear protection zone” means any part of the premises referred to in paragraph (1) where any employee is likely to be exposed to the second action level or above or to the peak action level or above, and “Part 1 of BS 5378” has the same meaning as in regulation 2(1) of the Safety Signs Regulations 1980 .
Maintenance and use of equipment
10
1
Every employer shall–
a
ensure, so far as is practicable, that anything provided by him to or for the benefit of an employee in compliance with his duties under these Regulations (other than personal ear protectors provided pursuant to regulation 8(1)) is fully and properly used; and
b
ensure, so far as is practicable, that anything provided by him in compliance with his duties under these Regulations is maintained in an efficient state, in efficient working order and in good repair.
2
Every employee shall, so far as is practicable, fully and properly use personal ear protectors when they are provided by his employer pursuant to regulation 8(2) and any other protective measures provided by his employer in compliance with his duties under these Regulations; and, if the employee discovers any defect therein, he shall report it forthwith to his employer.
Provision of information to employees
11
Every employer shall, in respect of any premises under his control, provide each of his employees who is likely to be exposed to the first action level or above or to the peak action level or above with adequate information, instruction and training on–
a
the risk of damage to that employee’s hearing that such exposure may cause;
b
what steps that employee can take to minimise that risk;
c
the steps that that employee must take in order to obtain the personal ear protectors referred to in regulation 8(1); and
d
that employee’s obligations under these Regulations.
Modification of duties of manufacturers etc. of articles for use at work and articles of fairground equipment
12
In the case of articles for use at work or articles of fairground equipment, section 6 of the Health and Safety at Work etc. Act 1974 (which imposes general duties on manufacturers etc. as regards articles for use at work, substances and articles of fairground equipment) shall be modified so that any duty imposed on any person by subsection (1) of that section shall include a duty to ensure that, where any such article as is referred to therein is likely to cause any employee to be exposed to the first action level or above or to the peak action level or above, adequate information is provided concerning the noise likely to be generated by that article.
Exemptions
13
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any employer from–
a
the requirement in regulation 7, where the daily personal noise exposure of the relevant employee, averaged over a week and ascertained in accordance with Part II of the Schedule to these Regulations, is below 90 dB(A) and there are adequate arrangements for ensuring that that average will not be exceeded; or
b
the requirement in regulation 8(2), where–
i
the daily personal noise exposure of the relevant employee, averaged over a week and ascertained in accordance with Part II of the Schedule to these Regulations, is below 90 dB(A) and there are adequate arrangements for ensuring that that average will not be exceeded,
ii
the full and proper use of the personal ear protectors referred to in that paragraph would be likely to cause risks to the health or safety of the user, or
iii
(subject to the use of personal ear protectors affording the highest degree of personal protection which it is reasonably practicable to achieve in the circumstances) compliance with that requirement is not reasonably practicable;
and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
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 enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Modifications relating to the Ministry of Defence etc.
14
1
In this regulation, any reference to–
a
“visiting forces” is a reference to visiting forces within the meaning of any provision of Part I of the Visiting Forces Act 1952 ; and
b
“headquarters or organisation” is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt–
a
Her Majesty’s Forces;
b
visiting forces; or
c
any member of a visiting force working in or attached to any headquarters or organisation,
from any requirement imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, before any such exemption is granted, the Secretary of State for Defence must be satisfied that suitable arrangements have been made for the assessment of the health risks created by the work involving exposure to noise and for adequately controlling the exposure to noise of persons to whom the exemption relates.
Revocation
15
Regulation 44 of the Woodworking Machines Regulations 1974 is hereby revoked.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
2nd October 1989


text:
1
This Order may be cited as the Value Added Tax (Water) Order 1989 and shall come into force on 1st August 1989.
2
The supply of water insofar as it is not otherwise a supply of goods shall be treated as a supply of goods and not as a supply of services.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 1989


text:
Citation and commencement
1
These Regulations may be cited as the Private Medical Insurance (Tax Relief) Regulations 1989 and shall come into force on 9th January 1990.
Interpretation
2
In these Regulations unless the context otherwise requires —
“annual claim” and “interim claim” have the meanings given by regulation 6(2) and (3) respectively;
“ the Board ” means the Commissioners of Inland Revenue;
“contract” means a contract of private medical insurance;
“managing agent” means a person resident in the United Kingdom who is either —
an underwriting agent listed as a managing agent on the register of underwriting agents maintained under byelaws made under the Lloyd’s Act 1982 , or
an agent of a qualifying insurer for the purposes of section 55, other than a member of Lloyd's, who carries on the regular agency of the insurer in respect of insurance provided by him and is neither a broker nor a general commission agent receiving remuneration which is not less than that customary in the class of business in question;
“notice” means notice in writing;
“the principal sections” means sections 54 to 56 inclusive of the Finance Act 1989;
“relief at source” shall be construed in accordance with regulation 3(1) ;
“section 54”, “section 55” and “section 56” mean sections 54, 55 and 56 respectively of the Finance Act 1989;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“the Treasury Regulations ” means the Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) Regulations 1989 ;
“year” means a year beginning with 6th April in any year and ending with 5th April in the following year. Cases and conditions for relief at source
3
1
This regulation specifies the cases in which, and the conditions subject to which, relief under subsection (3) of section 54 shall be given at source, that is to say, in accordance with subsections (5) and (6) of that section.
2
Subject to the conditions specified in paragraph (3), relief shall be given at source in any case where the person to whom a payment under a contract is made in respect of which an individual is entitled to relief under the said subsection (3) is —
a
a qualifying insurer for the purposes of section 55 by virtue of subsection (8)(a) of that section, or
b
a managing agent.
3
The conditions specified in this paragraph are —
a
that the individual making the payment —
i
has given notice that he is entitled to relief at source to the insurer or managing agent providing the information, certificate and declaration and undertaking specified in regulation 4, and
ii
is resident in the United Kingdom at the time of making the payment or is at that time performing duties which are treated by virtue of section 132(4)(a) of the Taxes Act as performed in the United Kingdom, and
b
that the person to whom the payment is made —
i
has no reason to believe at the time the payment is made that any of the information contained or declared in the claim is untrue or that any undertaking has been dishonoured,
ii
has given an undertaking in writing to the Board before any payment is made that he will observe the requirements of these Regulations and of the Treasury Regulations, and (iii) in the event of a failure by him to observe those requirements, has satisfied the Board that he is able and willing to observe them in the future. Notice of entitlement by individuals
4
1
A notice of entitlement to relief at source given by an individual shall provide the information specified in paragraph (2) and a certificate and a declaration and undertaking in the terms specified in paragraphs (3) and (4) respectively.
2
The information specified in this paragraph is —
a
the full name and permanent address of the individual,
b
his national insurance number,
c
where he knows it, his tax office reference,
d
if he has neither a national insurance number nor a tax office reference but has a national pension number, that number, and
e
where he is not the insured under the contract, the full name and permanent address of every person insured under it.
3
The certificate specified in this paragraph is a certificate by the individual that the contract satisfies the requirement of subsection (2) of section 54 as to the person or persons insured.
4
The declaration and undertaking specified in this paragraph is a declaration and undertaking by the individual that —
a
to the best of his knowledge and belief all information provided in the notice is true,
b
he is resident in the United Kingdom at the date of making the claim, or is at that date performing duties which are treated by virtue of section 132(4)(a) of the Taxes Act as performed in the United Kingdom,
c
no payment made by him under the contract has been or will be made out of resources provided by another person for the purpose of enabling it to be made, and
d
he is not entitled to claim any relief or deduction in respect of any such payment under any other provision of the Tax Acts.
Refund of payment to individual
5
Where and for whatever reason a person to whom a payment is made in respect of which relief has been given at source makes a refund of that payment to the individual who made it —
a
the amount of that refund shall not exceed the payment actually made to him by that individual, and
b
he shall thereupon repay to the Board any amount which he had recovered from the Board on a claim under subsection (6)(b) of section 54 in respect of the amount deducted from that payment.
Claims by insurers and managing agents — introductory
6
1
A claim made under subsection (6)(b) of section 54 by a person to whom payments are made for the purpose of recovering amounts from the Board shall be made in accordance with this regulation and regulations 7 and 8.
2
Subject to paragraph (3) a claim shall be to the Board for a period of a year and is referred to in these Regulations as an “annual claim”.
3
A claim may also be made in the manner prescribed by regulation 7 for a period shorter than a year and is referred to in these Regulations as an “interim claim”.
4
A claim shall be in such form and contain such particulars as the Board may prescribe, shall include a declaration that the records required to be kept by regulation 10(2) are being kept and shall be signed by the person making it or, where that person is not an individual, by an authorised officer of that person; and forms prescribed for annual claims may require a report to be given by an independent person qualified for appointment as auditor of a company.
5
The Board shall not be under an obligation to make payment of any amount claimed earlier than on the 21st day of the month following that in which the claim is received. Interim claims
7
1
An interim claim may be made only for a period of a month (or a number of months not exceeding six) beginning on the 6th day of a month and ending on the 5th day of the relevant following month.
2
No claim may be made for the month ending 5th October or any subsequent month until the annual return referred to in regulation 8 has been duly made for the preceding year and received by the Board.
3
If the Board are satisfied that the amount claimed was deductible in the period for which the claim is made they shall pay the amount to the claimant and, if they are not so satisfied, they shall pay any smaller amount which they are satisfied was deductible.
4
Where the amount paid by the Board in accordance with paragraph (3) exceeds the amount actually deducted for the period of the claim, the claimant shall bring the amount of the excess into account in the interim claim next made by him after the actual amount has been ascertained and, if that amount exceeds the amount deducted in respect of the period for which that interim claim is made —
a
the claimant shall repay the amount of the excess to the Board with the claim, and
b
if he fails to do so, that amount shall be immediately recoverable by the Board in the same manner as tax charged by an assessment on the claimant which has become final and conclusive. Annual claims and returns
8
1
At the same time as making an annual claim for a year, and within six months after the end of that year, a person to whom payments are made shall make a return on a form supplied by the Board for the purpose of all payments made to him (and not repaid by him) in that year and of the amounts deductible from those payments in accordance with subsection (5) of section 54.
2
Where the aggregate of the amounts paid by the Board in respect of interim claims for the year exceeds the amount recoverable from the Board shown on the annual claim, the claimant shall repay the amount of the excess to the Board with the claim.
3
If a person to whom payments are made fails to make a return and annual claim within the time limited by this regulation, the Board shall issue a notice to him showing the aggregate of the payments made to him in respect of interim claims for the year and stating that the Board are not satisfied that the amount due to him for that year exceeds the lower amount stated in the notice.
4
If a return and annual claim for the year are not delivered to the Board within14 days after the issue of a notice under paragraph (3) the amount of the difference between the aggregate and the lower amount stated in the notice shall be immediately recoverable by the Board from the person to whom the notice was issued in the same manner as tax charged by an assessment on him which has become final and conclusive.
5
No payment or repayment made or other thing done on or in relation to an interim claim or a notice under paragraph (3) shall prejudice the decision on an annual claim.
6
Where a return and an annual claim have been made and the person who made them subsequently discovers that an error or mistake has been made in the return or claim, he may make a supplementary return or annual claim, as the case may require, at any time within six years after the end of the year for which it is made. Provision of certificates by insurers
9
1
An individual who has obtained relief at source in respect of payments made by him under a contract in a year may, at any time after 56 days have elapsed following the end of that year, request a certificate from the insurer stating the matters specified in paragraph (2).
2
The matters specified in this paragraph are —
a
the year to which the certificate relates;
b
the amount of the premium under the contract paid in that year and the aggregate of the amounts deductible from that premium;
c
the full name, address and national insurance number of the individual;
d
the full name and address of every person insured under the contract;
e
the date on which the contract was certified by the Board under section 56 or on which a standard form to which it conforms was certified by the Board as a standard form of eligible contract.
3
The insurer shall provide a certificate requested under this regulation within 30 days of the request.
4
Where the insurer is a member of a syndicate of underwriting members of Lloyd’s formed for an underwriting year, he may provide the certificate through his managing agent.
Inspection of records kept by insurers
10
1
The Board may by notice require any person who provides, or who has at any time provided, insurance under contracts of private medical insurance within 14 days of the notice to make available for inspection by an officer of the Board authorised for that purpose all documents (including books and other records) in his possession or under his control containing information relating to any contract of private medical insurance under which he has provided, or is providing, insurance.
2
Persons referred to in paragraph (1) shall at all times keep sufficient records in respect of contracts of private medical insurance under which they have provided, or are providing, insurance to enable the requirements of this regulation to be satisfied and in particular, but without prejudice to the generality of the foregoing, every notice of entitlement to relief at source given to such persons by individuals under regulation 3(3) shall be preserved by such persons so as to be available for inspection under this regulation for a period of three years after the termination of the insurance or contract to which it relates.
Provision of information to the Board
11
The Board may by notice require any person who provides, or has provided, insurance under contracts of private medical insurance, or any managing agent of such a person, to furnish within 14 days of the notice such information about any contract of private medical insurance provided by him, or by the insurer or the syndicate of underwriting members of Lloyd’s formed for an underwriting year of which he is an agent, as may reasonably be required by them for the purposes of these Regulations.
Qualifying insurers — approval for the purposes of section 55
12
1
This regulation specifies the circumstances (in this regulation referred to as “the qualifying circumstances”) in which a person may be approved by the Board as a qualifying insurer for the purposes of section 55.
2
The qualifying circumstances are that —
a
the person must make written application to the Board for approval in a form prescribed by the Board;
b
in that application the person must —
i
declare that it has been authorised by the Secretary of State to carry on in the United Kingdom the class of insurance business numbered 2 in Part I of Schedule 2 to the Insurance Companies Act 1982 ; or
ii
declare that it is a friendly society registered under the Friendly Societies Act 1974 or the Friendly Societies Act (Northern Ireland) 1970 which is entitled to provide insurance under contracts of private medical insurance; or
iii
declare that he is a member of a syndicate of underwriting members of Lloyd’s formed for an underwriting year providing insurance under contracts of private medical insurance; or
iv
declare that he is an insurer not carrying on business in the United Kingdom but carrying on business in another member State, that he is either a national of a member State or a company or partnership formed under the law of any part of the United Kingdom or another member State, which has its registered office, central administration or principal place of business in a member State, and that he is authorised to provide insurance under contracts of private medical insurance under the law in force in the member State of which he is a national, or in which it has its registered office, central administration or principal place of business, as the case may be; and
v
undertake that he will notify the Board if any of the matters declared by him ceases to correspond with the actual circumstances;
c
the Board are satisfied that the person will be able to observe the requirements of these Regulations as to the repayment of amounts recovered from the Board which are found not to be due and as to the keeping of records and the provision of information to the Board.
3
If, following an application by a person for approval by the Board as a qualifying insurer for the purposes of section 55, the Board determine that they do not approve that person, they shall give him notice of their determination specifying the reason for their refusal to approve him.
4
The terms of the Board’s approval of a qualifying insurer for the purposes of section 55 may include conditions designed to ensure that the provisions of these Regulations and of the Treasury Regulations are satisfied.
Qualifying insurers — withdrawal of approval by Board
13
1
This regulation specifies the circumstances (in this regulation referred to as “the disqualifying circumstances”) in which the Board may by notice withdraw their approval of a qualifying insurer for the purposes of section 55.
2
The disqualifying circumstances are that the Board have reason to believe —
a
that any provision of the principal sections, these Regulations, or of the Treasury Regulations, is not, or at any time has not been, satisfied in respect of a contract of private medical insurance under which insurance is provided by him; or
b
that a person to whom they have given their approval for the purposes of section 55 is not a qualifying insurer.
3
A notice under paragraph (1) shall specify —
a
the date from which the Board’s approval is withdrawn, and
b
the disqualifying circumstances.
Qualifying insurers — appeals against Board’s failure to approve and withdrawal of approval
14
1
A person to whom notice of the Board’s determination under regulation 12(3), or of withdrawal of approval under regulation 13(1), has been given may appeal against the determination or withdrawal, as the case may be, by notice given to the Board within 30 days after the date of the notice.
2
The appeal shall be to the Special Commissioners.
3
The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to an appeal and the Special Commissioners shall on appeal to them confirm the notice unless they are satisfied that the notice ought to be quashed.
Certification of standard forms of contract
15
1
The Board shall certify a form as a standard form of eligible contract if it satisfies the conditions set out in paragraph (2).
2
The conditions referred to in paragraph (1) are that —
a
a contract entered into in that form would provide indemnity in respect of all or any of the costs of all or any of the like treatments, medical services and other matters as are for the time being specified in the Treasury Regulations or, in addition to providing indemnity of that description, provides cash benefits falling within the like rules as are for the time being specified in those Regulations;
b
a contract entered into in that form would not confer any right other than a like right as is mentioned in sub-paragraph (a) or is for the time being specified in the Treasury Regulations;
c
tables by means of which the premium can be calculated are attached to that form which in the Board’s opinion show that the premium under a contract entered into in that form will be reasonable;
d
a contract entered into in that form would satisfy the like requirements as are for the time being otherwise specified in the Treasury Regulations.
3
The Board shall also certify a variation from a form certified as a standard form of eligible contract as a standard variation if the inclusion of that variation would not result in a contract entered into in that form failing to satisfy the conditions set out in paragraph (2).
4
The certification of a form as a standard form of eligible contract by the Board under this regulation shall cease to have effect if the form is varied otherwise than in accordance with a standard variation certified by the Board; but this is without prejudice to the application of the preceding provisions of this regulation to the certification of the form as varied as a new standard form of eligible contract or of the variation as a standard variation from the form as certified.
5
Where the Board refuse to certify a form or a variation as a standard form of standard variation under this regulation, an appeal may be made to the Special Commissioners by the person who has submitted the form for certification.
6
In this regulation the reference to a premium, in relation to a contract of insurance, is to any amount payable under the contract to the insurer.
Form and manner of certification under section 56 or regulation 15 and of revocation of such certification
16
1
An application to the Board for the certification of a contract under section 56, or of a standard form under regulation 15, shall be accompanied by all documents constituting that contract, or by drafts of all the documents which would constitute a contract entered into in that form, and by any other document relevant to the question whether that contract or standard form may be certified by the Board and shall contain a declaration by the applicant that all such documents accompany the application.
2
If it comes to the notice of the Board that any document or information which is relevant to the certification of a contract or standard form has been withheld, they shall be entitled to treat that certification as having ceased to have effect.
Appeals against refusal to certify and revocation of certification
17
1
A person who appeals to the Special Commissioners against the Board’s refusal to certify a contract under section 56, or a standard form or standard variation under regulation 15, or against the revocation by the Board of a certification under section 56, shall do so within 30 days after notice of the Board’s refusal or revocation, as the case may be, has been given to him.
2
The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to an appeal and the Special Commissioners shall on appeal to them confirm the refusal or revocation unless they are satisfied that the refusal or revocation ought to be quashed.
L J H Beighton
S C T Matheson
Two of the Commissioners of Inland Revenue
18th December 1989


text:
1
These Regulations may be cited as the Insurance Companies (Accounts and Statements) (Amendment) Regulations 1989 and shall come into force on 1st March 1990.
2
The Insurance Companies (Accounts and Statements) Regulations 1983 (“the principal Regulations”) shall have effect subject to the amendments specified in regulation 3 below.
3
In paragraph 6 of Schedule 6 to the principal Regulations–
a
in sub-paragraph (c) after the semi-colon the word “and” shall be deleted;
b
in sub-paragraph (d) after the word “income” for the full-stop there shall be substituted a semi-colon, after which there shall be inserted the word “and” and the following sub-paragraph–
e
in the case of a company to which section 31A of the Insurance Companies Act 1982 applies, that the company has fully complied with the requirements of that section.
,
and at the foot of the relevant page there shall be inserted as a footnote the words “(a) 1982 c. 50 ; section 31A was inserted by section 136 of the Financial Services Act 1986 (c. 60) .”.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
19th October 1989


text:
Citation and commencement
1
1
This Order may be cited as the Lincolnshire and Nottinghamshire (County Boundaries) Order 1989.
2
This Order shall come into force on 20th March 1989 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1989.
Interpretation
2
In this Order “boundary map” means one of the 2 maps prepared by the Department of the Environment, marked “Maps of the Lincolnshire and Nottinghamshire (County Boundaries) Order 1989”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfer from Lincolnshire to Nottinghamshire
3
The part of the county of Lincolnshire, the district of North Kesteven and the parish of Doddington and Whisby which is marked A 3 on boundary map 2 shall be transferred to:
a
the county of Nottinghamshire and the Collingham electoral division of that county;
b
the district of Newark and Sherwood and the Meering ward of that district;
c
the parish of Harby;
d
the Newark and Southwell petty sessional division;
e
the Nottinghamshire Coroner’s district.
Transfers from Nottinghamshire to Lincolnshire
4
1
The parish of Broadholme in the county of Nottinghamshire and district of Newark and Sherwood, the area of which is marked A 1 on boundary map 1, shall be transferred to–
a
the county of Lincolnshire and the Nettleham and Saxilby electoral division of that county;
b
the district of West Lindsey and the Saxilby ward of that district;
c
the Lincoln (County) petty sessional division;
d
the Lincoln Coroner’s district.
2
The part of the county of Nottinghamshire, the district of Newark and Sherwood and the parish of Harby which is marked A 2 on boundary maps 1 and 2 shall be transferred to–
a
the county of Lincolnshire and the Nettleham and Saxilby electoral division of that county;
b
the district of West Lindsey and the Saxilby ward of that district;
c
the parish of Broadholme;
d
the Lincoln (County) petty sessional division;
e
the Lincoln Coroner’s district.
Consequential electoral provision for parish authorities
5
1
The common parish council of the parishes of Broadholme and Thorney shall be dissolved and its parish councillors resign.
2
There shall be a new parish council for the parish of Thorney which shall consist of 5 parish councillors.
3
From 1st April 1989 until the fourth day after the ordinary day of election of parish councillors in 1991 the parish of Thorney shall be represented by the councillors who immediately before 1st April 1989 represented the parish of Thorney on the common parish council of the parishes of Broadholme and Thorney.
4
The proper officer of the West Lindsey District Council shall convene the first assembly of the Broadholme parish meeting in the year beginning on 1st April 1989.
Consequential financial provision for parish authorities
6
1
The sum required to meet 28.69% of the expenses of the common parish council of the parishes of Broadholme and Thorney in respect of the poll held by that parish council on 14th December 1987 shall be chargeable on the parish of Broadholme.
2
The residuary successor of the common parish council of the parishes of Broadholme and Thorney shall be the Thorney Parish Council.
3
In the financial year beginning on 1st April 1989–
a
the Newark and Sherwood District Council shall levy rates in the parish of Thorney, and
b
the West Lindsey District Council shall levy rates in the parish of Broadholme
as if the council of the parish of Thorney and the chairman of the parish meeting of Broadholme had issued a precept to the relevant district council requiring the payment of a sum equal to the product of a rate in the pound as shown below, calculated on the total rateable value of the relevant parish as set out in the valuation list at the begining of that financial year–
Thorney 4.20p. Broadholme 1.55p.
Town and Country Planning
7
Any provisions of a structure plan, the old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan made or adopted by a county or district council which apply immediately before 1st April 1989 to any area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Land Registration
8
Registration of title to land under the Land Registration Acts 1925 to 1986 shall be compulsory on sale throughout the district of Newark and Sherwood as altered by article 3.
Signed by authority of the Secretary of State
Virginia Bottomley
Parliamentary Under Secretary of State,
Department of the Environment
16th February 1989


text:
Citation and commencement
1
1
These Regulations may be cited as the Fire Precautions (Sub-surface Railway Stations) Regulations 1989.
2
These Regulations, with the exception of the provisions specified in paragraph (3) below, shall come into force on 18th September 1989.
3
Regulations 6(3) and 7(1) and (2) shall come into force on 1st January 1990, regulations 5(4) and (5) and 6(4), (6) and (8) shall come into force on 1st January 1991 and regulation 8(3) shall come into force on 1st January 1996.
Interpretation
2
In these Regulations–
“fire brigade” means a fire brigade maintained by a fire authority;
“machine room” means a room containing any electricity generator, transformer or switchgear, or in which any machinery for operating an escalator, travolator or lift is installed;
“station manager” means the person employed to work in station premises who is for the time being in charge of the premises;
“station premises” means the premises to which these Regulations apply by virtue of regulation 3 below; and
“travolator” includes any mechanically operated moving footway other than an escalator.
Application of Regulations
3
1
These Regulations apply to any premises used as a railway station to which members of the public have access (whether on payment or otherwise) and in which any railway platform is an enclosed underground platform.
2
For the purposes of paragraph (1) above a railway platform–
a
is an enclosed platform if the platform and the permanent way to which it is adjacent (whether with or without one or more other railway platforms) are situated wholly or mainly in a tunnel or wholly or mainly within or under any building; and
b
is an underground platform if the level of the roof or ceiling immediately above the platform and the permanent way to which it is adjacent is below the level of the surface of the ground adjacent to any exit from the railway station providing a means of escape from the station in case of fire,
and a railway platform shall be regarded as situated mainly in a tunnel or mainly within or under a building if the platform and the permanent way to which it is adjacent are covered by any part of a tunnel or building for more than half the length of the platform.
3
In their application to the premises referred to in paragraph (1) above these Regulations apply, subject to regulation 13(4) below, to any part of the premises which is owned or occupied by the Crown.
Precautions relating to means of escape in case of fire
4
1
All parts of station premises providing means of escape from the premises in case of fire, including railway platforms, escalators, travolators and lifts, shall be kept free from obstruction at all times when members of the public have access to the premises and shall be so maintained as to secure that they can be safely used as such means of escape at those times.
2
All parts of station premises shall be kept clear of any accumulation of combustible refuse or other combustible matter, and any combustible refuse stored in the premises pending its disposal shall be stored in an area set aside for that purpose.
3
At all times when members of the public have access to station premises, and at other times when persons are at work in the premises, the door of, or barrier in, any doorway or exit through which a person might have to pass in order to leave the premises shall not be so locked or fastened that it cannot be easily and immediately opened in case of fire in the premises.
4
Where a door in station premises is designed to be held open by an electromagnetic or electromechanical device to which this paragraph applies, the door and the means for holding open and closing the door shall be maintained in efficient working order and the door shall not be held open by any device or object other than the electromagnetic or electromechanical device.
5
Paragraph (4) above applies to an electromagnetic or electromechanical device which allows a door held open by it to be operated manually at all times and to close automatically on each or any of the following occurrences, that is to say–
a
the operation of a system for giving warning in case of fire;
b
the manual operation of a switch for releasing the device;
c
a failure in the supply of electricity to the device.
6
In any passage or other area affording a means of escape from station premises in case of fire or giving access to such a means of escape, every door of a doorway which does not form part of, or give access to, the means of escape shall be kept locked at all times when the part of the premises to which the doorway gives access is neither in use by any person who is at work in the premises nor available for use by members of the public.
7
Every doorway or other exit affording a means of escape from the station premises in case of fire or giving access to such a means of escape, including the means of exit in ordinary use by members of the public, shall be distinctively and conspicuously marked by a notice indicating that it is an ordinary means of exit or (as the case may be) an emergency exit from the premises.
8
All parts of station premises forming part of the means of escape from the premises in case of fire shall be provided with artificial lighting capable of providing sufficient illumination of those parts of the premises and any notice required by paragraph (7) above to enable persons in the premises to leave the premises safely in case of fire.
9
The lighting required by paragraph (8) above shall be provided by electricity supplied from two independent sources of supply so controlled that, so far as is reasonably practicable, the requirements of that paragraph continue to be met in the event of any failure in the supply of electricity from one of the two sources of supply.
Means for fighting fire
5
1
Subject to the provisions of this regulation, station premises shall be provided with such means for fighting fire as are appropriate and adequate in relation to the risk to persons in case of fire in the premises.
2
The location of each fire hydrant in station premises shall be indicated by a distinctive and conspicuous notice in a position above or adjacent to the fire hydrant.
3
The outlet connection of every fire hydrant in station premises shall be of such a type as is compatible with the type of attachment on hoses used by the fire brigade for the purpose of drawing water from fire hydrants.
4
Every escalator and travolator in station premises shall be provided with a means for fighting fire comprising a water sprinkler system which is activated automatically on the operation of the means for detecting fire with which the escalator or travolator is provided under regulation 6(1) below.
5
The following parts of station premises shall be provided with a means for fighting fire comprising a system which is activated automatically in such a part of the premises in the event of any outbreak of fire in that part of the premises, that is to say–
a
a machine room, other than a machine room in which machinery for operating an escalator, travolator or lift is installed;
b
any storage area, including an area set aside for storing refuse pending its disposal;
c
any part of the premises used as a shop.
6
All means for fighting fire in station premises shall be maintained in efficient working order and all portable equipment for fighting fire in the premises shall be so placed as to be readily available for use.
7
When any person employed to work in station premises reasonably suspects that there is an outbreak of fire in the premises, immediate steps shall be taken to activate the system for giving warning in case of fire referred to in regulation 6(4) below and to call for the assistance of the fire brigade.
8
A plan of the station premises suitable for use by members of the fire brigade when attending the premises for fire fighting purposes shall be kept in, or affixed to, a part of the premises where it is accessible to members of the fire brigade in such an event.
Means for detecting fire and giving warning in case of fire
6
1
Every escalator and travolator in station premises shall be provided with a means for detecting fire comprising a linear heat detector system.
2
Any machine room in station premises in which machinery for operating an escalator, travolator or lift is installed shall be provided with a means for detecting the presence of smoke in the room.
3
The following parts of station premises shall be provided with a means for detecting fire which is activated automatically in case of fire in such a part of the premises, that is to say–
a
every part of the premises required by regulation 5(5) above to be provided with the means for fighting fire referred to in that provision;
b
any office which is not separated from other parts of the premises by fire-resisting construction within the meaning of regulation 7(6) below;
c
any staff room for persons employed to work in the premises.
4
The station premises shall be provided with an electrically operated system for giving warning in case of fire which–
a
is designed to transmit any such warning to a place where it can be received by the station manager or by some other person employed by the occupier of the premises; and
b
is capable of being activated both by manual operation at call points in the premises, including call points for use by members of the public, and by any of the means referred to in paragraphs (1) to (3) above for detecting fire or the presence of smoke in the premises.
5
Where a call point for a system for giving warning in case of fire is situated in a part of station premises to which members of the public have access, there shall be displayed at or near the call point a notice giving information as to how to use the call point to activate the system.
6
The station premises shall be provided with a public address system for use by or on behalf of the occupier of the premises to give warning of fire to members of the public in the premises and advise them of the action to be taken by them in case of fire.
7
All means for detecting fire and for giving warning in case of fire in station premises shall be maintained in efficient working order.
8
In station premises arrangements shall be made to secure that in case of fire the station manager and any person employed to work as a member of the staff of the station premises who is on duty in any part of the premises can communicate with each other by personal radio or by telephone.
Fire-resisting construction in premises
7
1
A part of station premises to which this paragraph applies shall, so far as is reasonably practicable, be separated by fire-resisting construction from other parts of the premises, including any other part of the premises to which this paragraph applies.
2
Paragraph (1) above applies to the following parts of station premises, that is to say a machine room, any storage area other than an area referred to in paragraph (3) or (4) below, and a staff room for persons employed to work in the premises.
3
Any explosive or highly flammable materials kept in station premises shall be stored in an area separated from other parts of the premises by fire-resisting construction.
4
An area set aside for storing combustible refuse in station premises pending its disposal shall be separated from other parts of the premises by fire-resisting construction.
5
Where a door forms part of any fire-resisting construction required by this regulation, the door shall be fitted with a self-closing device and each face of the door shall have affixed to it a notice displaying the words “FIRE DOOR — KEEP SHUT”.
6
Any reference in this regulation to fire-resisting construction is a reference to construction of such a nature as to be capable of providing resistance to fire for a period of not less than one hour.
Materials used in internal construction of premises
8
1
Any material which is used on or after 18th September 1989 in the construction of an internal wall or ceiling in any part of station premises to which members of the public have access shall be non-combustible or have low heat emission, and any material which is applied on or after that date to the surface of an internal wall or ceiling in such a part of the premises shall offer adequate resistance to the spread of flame over the surface of the material and shall have, if ignited, a reasonable rate of heat release.
2
The material of which any balustrade, decking or skirting board of an escalator or travolator in station premises is constructed, and the material of which any display panel for advertisements or notices in an escalator shaft in the premises is constructed, shall offer adequate resistance to the spread of flame over the surface of the material and shall have, if ignited, a reasonable rate of heat release.
3
The material of which the treads and risers in the steps of any escalator in station premises are constructed shall offer adequate resistance to the spread of flame over the surface of the material and shall have, if ignited, a reasonable rate of heat release.
4
For the purposes of this regulation material shall be regarded–
a
as non-combustible if it is material deemed non-combustible according to the test criteria specified in British Standard 476: Part 4: 1970 (as amended by amendment slips AMD 2483 and AMD 4390);
b
as having low heat emission if it is of such a nature that if tested in accordance with British Standard 476: Part 11: 1982 it would not flame and would produce no rise in temperature on either the specimen or the furnace thermocouples;
c
as offering adequate resistance to the spread of flame over its surface and having a reasonable rate of heat release if the material or, where it is bonded throughout to a substrate, the material combined with the substrate, is of such a nature that it would comply with the test criteria set out in relation to Classs 1 in British Standard 476: Part 7: 1987 and, when tested in accordance with British Standard 476: Part 6: 1989, would have an index of performance (I) not exceeding 12 and sub-index (ii) not exceeding 6.
Instruction and training of persons working in premises
9
1
Every person employed to work in station premises as a member of the staff of the station premises shall be given instruction in the fire precautions to be taken or observed there, so far as those precautions relate to his duties, including instruction as to–
a
the means of escape from the premises in case of fire;
b
the action to be taken by him in case of fire in the premises;
c
the location of, and method of operating, equipment provided in the premises for fighting fire; and
d
the location and use of the means for giving warning in case of fire in the premises,
and he shall be given such further instruction at least once in every period of seven months as is necessary to ensure that he is familiar with those matters.
2
No person employed to work in station premises shall be employed as the station manager unless he has been given instruction in the matters specified in paragraph (1) above and, in addition, instruction–
a
as to supervising and controlling action to be taken in case of fire in the premises by other persons employed to work there as members of the staff of the station premises;
b
in arrangements for calling for the assistance of the fire brigade and securing that members of the fire brigade are directed to the source of any fire in the premises;
c
as to taking action in case of fire in the premises to prevent the entry of members of the public to the premises;
d
in the use of the means for advising members of the public in the premises on the action to be taken by them in case of fire in the premises; and
e
in arrangements for securing that the means of escape from the premises can be immediately used in case of fire and for enabling persons to leave the premises by train in case of fire.
3
A person who is employed to work in station premises otherwise than as a member of the staff of the station premises shall be given instruction in the fire precautions to be observed by him in the course of his work in the premises and the action to be taken by him in case of fire in the premises.
4
A fire drill for persons employed to work in station premises as members of the staff of the station premises shall be held there not less than once in every period of six months for the purpose of providing those persons with training in the action to be taken in case of fire in the premises.
5
The attendance at a fire drill of the persons referred to in paragraph (4) above shall be so organised as to secure that not less than one third of the number of those persons at work in the station premises at any one time have attended a fire drill in the preceding six months.
6
Each fire drill in station premises shall be held at a time when members of the public have access to the premises.
Additional precautions to be taken
10
1
The occupier of station premises shall prepare and keep up to date an emergency plan setting out details of the action to be taken in the event of an outbreak of fire in the premises by persons employed to work in the premises and the procedure to be followed for the evacuation of members of the public from the premises in that event.
2
All practicable steps shall be taken to prevent smoking by persons in any part of station premises which is a machine room, storage area or part of the premises used as a shop or to which members of the public have access.
3
All practicable steps shall be taken to supervise the carrying out by persons other than members of the staff of station premises of any work of construction or maintenance in the premises which presents a risk to persons in case of fire.
4
The periods of duty of the persons employed to work in station premises as members of the staff of the station premises shall be so arranged as to secure that not less than two of those persons are present on duty in the premises at all times when members of the public have access to the premises.
Keeping of records of maintenance work, instruction and training
11
1
A record shall be made–
a
of all work of maintenance done in station premises in pursuance of regulations 4(4), 5(6) and 6(7) above;
b
of the occasions on which instruction is given in pursuance of regulation 9 above to each person employed to work in the premises; and
c
of the fire drills held in the premises in pursuance of regulation 9 above and of the names of the persons attending each fire drill.
2
A record made under paragraph (1) above in relation to station premises shall be kept in the premises for a period of not less than three years from the date on which it was made.
Exemption from requirements
12
1
Where a fire authority are satisfied in respect of any particular station premises that compliance with a requirement of any of the provisions of regulations 4(1) and (3), 5(4) and (5), 6(1) and (3), 7(1), 8(2), 10(2) and (4) and 11(2) above is inappropriate, unnecessary or not reasonably practicable, they may by notice in writing to the occupier of the premises grant exemption from compliance with the requirement to such extent as is reasonable having regard to all the circumstances of the case and in particular to the risk in case of fire to persons in the premises.
2
A fire authority may grant an exemption under paragraph (1) above subject to such conditions as may be specified in the notice granting the exemption and the authority may by notice in writing to the occupier of the premises withdraw the exemption if the occupier fails to comply with any condition subject to which the exemption was granted.
Contravention of requirements
13
1
The requirements of regulations 4 to 11 above are imposed on the occupier of the station premises to which those regulations apply and, subject to any exemption granted (and not withdrawn) under regulation 12 above and to paragraph (2) below, the occupier of the premises shall be responsible for any contravention of the provisions of those regulations.
2
The requirements of regulations 4(8), 4(9) and 5(3) above shall be deemed to be satisfied in station premises in Scotland if the premises comply with the provisions, respectively, of regulations E15, E16 and E22(1) of the Building Standards (Scotland) Regulations 1981 to 1987 .
3
If any provision of regulations 4 to 11 above is contravened the person who under this regulation is responsible for the contravention shall be guilty of an offence under section 12 of the Fire Precautions Act 1971.
4
Paragraph (3) above shall not apply to the Crown.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
4th August 1989


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Protein Processing) (Amendment) Order 1989 and shall come into force on 2nd February 1989.
Amendment of the Diseases of Animals (Protein Processing) Order 1981
2
The Diseases of Animals (Protein Processing) Order 1981 shall be amended as follows–
a
after paragraph (1) of article 6 there shall be inserted the following paragraph–
1A
Without prejudice to paragraph (1) above, where the test of a sample of processed animal protein carried out under article 5(1) above shows that it does not conform with the required bacteriological standard a veterinary inspector may by notice in writing served on the owner or person in charge of premises from which the sample was taken inform him of the result of such test and prohibit the removal of any processed animal protein off those premises except under the authority of a licence granted by a veterinary inspector and in accordance with the conditions, if any, of that licence.
;
b
for paragraph (2) of article 6, there shall be substituted the following paragraph–
2
A veterinary inspector may vary, revoke or suspend a notice served or a licence granted under this Order by a further notice in writing, served on the person on whom the notice to be varied, revoked or suspended was served or, as the case may be, to whom the licence was granted.
; and
c
in article 8, after the words “notice served” there shall be inserted “or licence granted”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st February 1989.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
1st February 1989
Wyn Roberts
Minister of State, Welsh Office
1st February 1989


text:
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) (No. 2) Order 1989 and shall come into force on 4th December 1989.
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985:
a
Credit Agricole Personal Finance plc
b
Credit Agricole Mortgage Company No. 1 Limited
c
Credit Agricole Mortgage Company No. 2 Limited
d
Credit Agricole Mortgage Company No. 3 Limited
e
Secured Residential Funding plc.
Chris Patten
One of Her Majesty’s Principal Secretaries of State.
8th November 1989
We consent,
John Taylor
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 1989


text:
Citation and commencement
1
This Order may be cited as the Bristol Development Corporation (Planning Functions) Order 1989 and shall come into force on 20th February 1989.
Interpretation
2
In this Order –
“the 1971 Act ” means the Town and Country Planning Act 1971 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Bristol Development Corporation (Area and Constitution) Order 1988 ; and
“the development corporation” means the Bristol Development Corporation.
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order–
a
the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1971 Act
4
All the provisions of the 1971 Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with the modifications specified in that Part.
Transitional provision: planning applications
5
1
This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which–
a
was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
a
Subject to sub paragraph (b), except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
b
Where an application relates to development or development of a class in respect of which there is in force a direction under or having effect under article 14 of the Town and Country Planning General Development Order 1988 the previous authority shall not determine the application but shall, within 10 days of this Order coming into force, transmit it to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order under section 276 in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose remains liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
24th January 1989


text:
1
This Order may be cited as the Design Right (Reciprocal Protection) Order 1989 and shall come into force on 1st August 1989.
2
The following countries are hereby designated as enjoying reciprocal protection under Part III of the Copyright, Designs and Patents Act 1988 (design right)–
Anguilla
Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Channel Islands
Falklands Islands
Gibraltar
Hong Kong
Isle of Man
Montserrat
New Zealand
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena and Dependencies
South Georgia and the South Sandwich Islands
Turks and Caicos Islands.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Rivers (Prevention of Pollution) Act 1951 (Continuation of Byelaws) Order 1989 and shall come into force on 1st September 1989.
Continuation of byelaws
2
The byelaws specified in the Schedule to this Order, being byelaws made by virtue of section 5(1)(c) of the Rivers (Prevention of Pollution) Act 1951 (keeping on streams and other waters of vessels provided with sanitary appliances) shall, insofar as they are in force immediately before the transfer date, have effect on and after that date as if made by the National Rivers Authority under section 114 of the Water Act 1989 (byelaws for preventing pollution of controlled waters).
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State,
Department of the Environment
2nd August 1989
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State,
Welsh Office
3rd August 1989


text:
1
The Sandwell Borough Council (Holloway Bank Canal Bridge) Scheme 1988 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 Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY, at the offices of the Borough Council of Sandwell, Town Hall, West Bromwich, Sandwell, West Midlands, B70 8DX and at the Department of Transport, West Midlands Regional Office, No.5 Broadway, Broad Street, Birmingham, B15 1BL.
3
The Scheme will come into force 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 Sandwell Borough Council (Holloway Bank Canal Bridge) Scheme 1988 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
13th July 1989


text:
1
This Order may be cited as the Sea Fish (Conservation) (Channel Islands) (Amendment) Order 1989 and shall come into force on 1st February 1990.
2
The Sea Fish (Conservation) (Channel Islands) Order 1981 shall, to the extent that it relates to the Bailiwick of Guernsey, be amended in accordance with the provisions of the Schedule to this Order.
G I de Deney
Clerk of the Privy Council
22nd Setember 1990