text:
Title and commencement
1
This Order may be cited as the Transit of Animals (Amendment) Order 1988 and shall come into force on 18th May 1988.
Amendment of the Transit of Animals (General) Order 1973
2
The Transit of Animals (General) Order 1973 shall be amended as follows: —
a
in article 5 (protection of animals from injury and unnecessary suffering during loading, unloading and carriage) —
i
for paragraph (3) there shall be substituted the following paragraph —
3
Without prejudice to the generality of the foregoing provisions of this article, it shall be the duty of any person in charge of an animal which is being loaded into, unloaded out of or carried in a vessel, aircraft or vehicle, to ensure that such animal is —
a
protected from inadequately constructed or insecure fittings in that part of the vessel, aircraft or vehicle, or in the receptacle, in which the animal is being carried;
b
not subjected to severe jolts or shaking;
c
protected from the action of the weather and, if appropriate, the sea;
d
provided with an adequate supply of fresh air (whether the vessel, aircraft or vehicle is stationary or in motion);
e
protected from exposure to undue fluctuations in temperature, humidity or air pressure;
f
protected from undue exposure to noise or vibration; and
g
prevented from escaping from or falling out of the vessel, aircraft or vehicle.
,
ii
for paragraph (4) there shall be substituted the following paragraph —
4
The duty imposed on a person by paragraph (3) above shall extend to any period during which the animal in respect of which a duty has been imposed is waiting to be loaded into or unloaded out of a vessel, aircraft or vehicle.
, and
iii
after paragraph (4) there shall be inserted the following paragraph —
4A
No person shall carry any deer with antlers in velvet by sea, air, road or rail, or cause or permit any such deer to be so carried, unless special precautions are taken to protect such deer from harm during their carriage.
;
b
after article 5 there shall be inserted the following article —
5A
1
No person shall carry any cold-blooded animals by sea, air, road or rail, or cause or permit any such animals to be so carried, unless they are carried —
a
in such containers;
b
under such conditions (with regard in particular to space, ventilation and temperature); and
c
with such supplies of water and oxygen,
as are appropriate for their species.
;
c
in article 6 (feeding, watering and general care of animals during carriage) —
i
after sub-paragraph (d) of paragraph (1) there shall be added the following —
; and
e
such animals are carried to their destination as soon as possible and delays are minimised.
, and
ii
after paragraph (2) there shall be inserted the following paragraphs —
3
It shall be the duty of the owner or charterer of a vessel and of the operator of an aircraft in which any horses, rabbits, dogs or cats are being carried by sea or air in the course of international transport, and of the carrier or other person in charge of any such animals being carried by road or rail in the course of international transport, to ensure that —
a
in the case of horses, they are not left for more than 24 hours without being fed and watered save that such period may be extended if their international transport can be completed within a reasonable period;
b
in the case of rabbits, suitable food and, if necessary, water, is available in adequate quantities, except where their international transport lasts for less than 12 hours; and
c
in the case of dogs and cats —
i
they are fed at intervals of not more than 24 hours,
ii
they are given water at intervals of not more than 12 hours, and
iii
clear written instructions are given to those persons responsible for feeding and watering them.
4
The provisions of paragraph (3)(c) above shall not apply in the case of a dog or cat which is being accompanied by its owner or by a person representing its owner.
5
In paragraph (3) above “international transport” means any movement of horses, rabbits, dogs or cats (as the case may be) which involves, or is intended to involve, the crossing of a frontier.
;
d
for article 8 (carriage of animals in receptacles) there shall be substituted the following article —
8
1
It shall be the duty of the consignor, carrier or other person for the time being in charge of an animal which is to be carried in a receptacle to ensure that the receptacle —
a
is soundly constructed in a manner which is not likely to cause injury to animals carried in it;
b
permits the animal contained in it to be inspected;
c
is escape-proof;
d
is easy to keep clean;
e
is maintained in a good state of repair;
f
is suitable for the species of animal to be carried in it;
g
is not overcrowded;
h
has securely attached to it a label or similar form of notice clearly indicating that the receptacle contains live animals and stating the species of those animals; and
i
bears a sign indicating its upright position.
2
It shall be the duty of the carrier or other person in charge of an animal which is to be carried in a receptacle on a vessel, aircraft or vehicle to ensure that —
a
the receptacle is secured in such a manner as to prevent its displacement by the motion of the vessel, aircraft or vehicle;
b
the receptacle is placed in the vessel, aircraft or vehicle so as to permit —
i
unimpeded access to it (except where it is carried in the hold of an aircraft), and
ii
the animal contained in it to be provided with adequate ventilation;
c
the receptacle is kept in an upright position; and
d
if the receptacle is placed on top of another receptacle containing animals, precautions are taken to prevent excreta falling on to the animals below.
; and
e
in article 9 (accommodation of animals during carriage) after paragraph (2) there shall be inserted the following paragraph —
3
It shall be the duty of the carrier or other person in charge of animals being carried on any vessel, aircraft or vehicle to ensure that —
a
any ropes or other attachments used for the tethering of animals during their carriage —
i
will not break under normal conditions, and
ii
are long enough to allow the animals, if necessary, to lie down and to eat and drink;
b
cattle are not tethered by the horns; and
c
the animals are not carried in proximity to any goods the presence of which is likely to prejudice their welfare
.
Amendment of the Transit of Animals (Road and Rail) Order 1975
3
The Transit of Animals (Road and Rail) Order 1975 shall be amended as follows: —
a
in article 4 (protection of animals during loading and unloading) after paragraph (7) there shall be inserted the following paragraph —
7A
Any receptacle containing animals shall be kept in an upright position while being loaded into or unloaded out of a vehicle.
;
b
in article 6 (protection of animals during carriage) —
i
after paragraph (1) there shall be inserted the following paragraph —
1A
It shall be the duty of the carrier or other person in charge of an animal being carried in a vehicle or receptacle to ensure that it is carried to its destination as soon as possible and that delays are minimised.
,
ii
for paragraph (2) there shall be substituted the following paragraph —
2
Subject to paragraph (3) below, an animal shall only be carried in a vehicle or receptacle in such a way as will ensure that it is —
a
protected from the weather;
b
not subjected to severe jolts or shaking;
c
provided with an adequate supply of fresh air during its confinement in the vehicle or receptacle;
d
prevented from escaping from or falling out of the vehicle or receptacle; and
e
not caused injury or unnecessary suffering by reason of any cause whatsoever.
,
iii
after paragraph (2) there shall be inserted the following paragraph —
2A
An animal shall not be carried in a compartment of a vehicle, or receptacle, in which any goods which are likely to prejudice its welfare have been loaded.
;
iv
in paragraph (3) after the words “Where sheep are carried” there shall be inserted the words “,otherwise than in the course of international transport,”, and
v
after paragraph (11) there shall be inserted the following paragraph —
12
In paragraph (3) above “international transport” means any movement of sheep which involves, or is intended to involve, the crossing of a frontier.
;
c
in article 8 (requirements with regard to the accommodation of animals during carriage) for paragraph (7) there shall be substituted the following paragraph —
7
Where a receptacle is being used for the carriage of animals it shall not be placed on top of another receptacle when being transported on a vehicle, and any such receptacle shall —
a
be secured when being transported so as to —
i
prevent its displacement by the motion of the vehicle, or by the action of the weather,
ii
provide adequate ventilation for the animals being carried in it,
iii
provide unimpeded access to such animals, and
iv
ensure that it remains in an upright position;
b
have securely attached to it —
i
a label or other form of notice indicating that the receptacle contains live animals and stating the species of those animals, and
ii
a sign indicating the upright position of the receptacle; and
c
be —
i
soundly constructed,
ii
escape-proof,
iii
safe for the animals carried in it, and
iv
easy to clean.
; and
d
after article 9 there shall be inserted the following article —
9A
It shall be the duty of the carrier or other person in charge of animals being carried by road or rail to ensure that —
a
any ropes or other attachments used for the tethering of animals during their carriage —
i
will not break under normal conditions, and
ii
are long enough to allow the animals, if necessary, to lie down and to eat and drink; and
b
cattle are not tethered by the horns.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th April 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
26th April 1988
Peter Walker
Secretary of State for Wales
27th April 1988


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) (Amendment) Regulations 1988. They shall come into force on 1st August 1988 and shall apply in relation to a school year beginning on or after that date.
2
In these Regulations a reference to the Aided Pupil Scheme is a reference to the scheme described in Schedule 1 to the Education (Grants) (Music and Ballet Schools) Regulations 1985 .
2
In the Aided Pupil Scheme —
1
in Part I there shall be added after paragraph 4 the following paragraph —
Condition as to liability for payment of fees
4A
A school shall not select for an aided place a child the whole of whose fees for the school year in which he would take up his aided place if selected therefor are required to be paid in pursuance of an order of a court.
;
2
in paragraph 9 after sub-paragraph (1) there shall be inserted the following sub-paragraph —
1A
The parents of an aided pupil shall not be entitled to any remission of fees or charges which are required to be paid in pursuance of an order of a court.
;
3
in sub-paragraph (2) of paragraph 12 (remission of fees — boarding pupils) for the sum“£6,002” there shall be substituted the sum“£6,248”;
4
for the Table in the said paragraph 12 there shall be substituted the following Table —
TABLE
(1) (2) (3) Part of the relevant income to which specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £6,099 but does not exceed £7,700 10% 7.5% That part (if any) which exceeds £7,700 but does not exceed £10,819 20% 15% That part (if any) which exceeds £10,819 10% 7.5%
5
in sub-paragraph (2) of paragraph 13 (remission of fees — day pupils) for the sum“£7,539” there shall be substituted the sum“£7,849”;
6
in sub-paragraph (3) of the said paragraph 13 for the sum“£7,390” there shall be substituted the sum“£7,700”;
7
for paragraph 15 (remission of charges for meals — day pupils) there shall be substituted the following paragraph —
15
Where the parents of an aided pupil who is a day pupil satisfy the school at any time during a school year, or the month preceding the beginning of a school year, that they are in receipt of income support under Part II of the Social Security Act 1986 the school shall remit the whole of any charges which they would otherwise make for meals provided for that pupil —
a
for the whole of that school year, where they are satisfied as aforesaid at or before the beginning thereof, or
b
for the remainder of the school year, where they are so satisfied in the course thereof,
notwithstanding that the parents may cease to be in receipt of income support between the school being so satisfied and the end of the school year in question.
;
8
for sub-paragraphs (3) and (4) of paragraph 16 (uniform grants) there shall be substituted the following sub-paragraphs —
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £8,078 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£123, where the relevant income does not exceed £7,090;
b
£93, where that income exceeds £7,090 but does not exceed £7,422;
c
£61, where that income exceeds £7,422 but does not exceed £7,741;
d
£31, where that income exceeds £7,741 but does not exceed £8,078:
Provided that any uniform grant which would fall to be paid in pursuance of this sub-paragraph in an aided pupil’s first year at the school may be paid during the period commencing on 1st August 1988 and ending when that year begins.
4
Except where sub-paragraph (3) applies, uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £7,741 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£46, where the relevant income does not exceed £7,269;
b
£23, where that income exceeds £7,269 but does not exceed £7,741.
;
9
in sub-paragraph (1)(a) of paragraph 22 (school travel grants) for the sum“£6,985” there shall be substituted the sum“£7,271” and in sub-paragraph (1)(b) of that paragraph for the sum“£6,804” there shall be substituted the sum“£7,090”;
10
in paragraph 3 of the Appendix (computation of income) —
a
at the end of sub-paragraph (a) there shall be added the words
or provided for in section 26 of the Finance Act 1987 or, so far as applicable in respect of a financial year ending after 5th April 1988, the corresponding provision contained in the Income and Corporation Taxes Act 1988 ;
b
after sub-paragraph (b) there shall be inserted —
bb
in pursuance of section 31 of the Finance ( No. 2) Act 1987 or, so far as applicable in respect of a financial year ending after 5th April 1988, the corresponding provision contained in the Income and Corporation Taxes Act 1988 (relief for contributions to personal pension schemes);
.
Kenneth Baker
Secretary of State for Education and Science
11th July 1988


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Conduct of Investment Business) Rules Approval Order 1988 and shall come into force on 21st June 1988.
2
The Insurance Brokers Registration Council (Conduct of Investment Business) Rules 1988 made on 24th May 1988 by the Insurance Brokers Registration Council in exercise of their powers under section 11 of the 1977 Act and paragraph 6(1), (2) and (3) of Schedule 15 to the Financial Services Act 1986 are hereby approved.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
26th May 1988


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Functions (Government Shareholding in British Airways Plc) Order 1988.
2
This Order shall come into force on 14th December 1988.
Transfer of functions
2
There are hereby transferred to the Treasury so as to be exercisable concurrently with the Secretary of State —
a
the Secretary of State’s function of holding and disposing of the shares in and securities of British Airways Plc acquired by him or a nominee of his under section 4 or 6 of the Civil Aviation Act 1980 ; and
b
his functions under sections 6 and 7(3) and (4) of that Act.
Supplemental
3
1
The functions which by virtue of this Order are exercisable by the Treasury in respect of the acquisition, holding or disposal of shares or securities may be exercised through a nominee who shall hold and deal with them on such terms and in such manner as the Treasury may direct.
2
In section 7 of the said Act of 1980 “Government shareholding” shall include shares for the time being held by, or by a nominee of, the Treasury.
3
The enactments and instrument mentioned in the Schedule to this Order shall be amended in accordance with that Schedule.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepools Water (Leechmire Borehole) Order 1988 and shall come into force on the 8th September 1988.
2
The Hartlepools Water Acts and Orders 1874 to 1987 and this Order may be cited together as the Hartlepools Water Acts and Orders 1874 to 1988.
3
In this Order —
“the Company” means the Hartlepools Water Company;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Hartlepools Water (Leechmire Borehole) Order 1988”, one duplicate of which is deposited and available for inspection at the principal office of the Company and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Company as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
The Company may construct, continue and maintain on or under the land described in Schedule 1 to this Order the following works —
a
the existing borehole on the land;
b
(in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of that borehole.
Works to form part of the undertaking
3
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
4
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Costs of Order
5
The costs, charges and expenses of and incidental to the application for and the making of this Order shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Environment
7th September 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Credit (General) Amendment No. 3 Regulations 1988 and shall come into force as follows —
a
regulations 1 and 7, on 5th September 1988;
b
regulations 2 to 6, and 8 and 9, on 12th September 1988.
2
In these Regulations “the General Regulations ” means the Family Credit (General) Regulations 1987 .
Amendment of regulation 5 of the General Regulations
2
In regulation 5 of the General Regulations (engagement in remunerative work and normal engagement) for sub-paragraph (b) of paragraph (1) there shall be substituted the following —
b
either of the two weeks immediately preceding the week of claim,
and he is employed at the date of claim.
.
Amendment of regulation 17 of the General Regulations
3
In regulation 17(b) of the General Regulations (periods to be disregarded) for the words “any period” there shall be substituted the words “any week or period of weeks”.
Amendment of regulation 18 of the General Regulations
4
In regulation 18 of the General Regulations (calculation of weekly amount of income) —
a
for the words “14 to 16” there shall be substituted the words “14 and 16”;
b
at the end there shall be added the following paragraph —
2
For the purposes of regulation 15 (normal weekly earnings of self-employed earners), the weekly amount of earnings of a claimant shall be determined by dividing his earnings over the assessment period by the number of weeks in that period.
.
Amendment of regulations 26 and 34 of the General Regulations
5
In regulations 26(3) and 34(3) of the General Regulations (notional income and capital) for sub-paragraph (a) in each of those provisions there shall be substituted the following sub-paragraph —
a
to a third party in respect of a member of a family (but not a member of the third party’s family) shall be treated as possessed by that member of the family to the extent that it is used for his food, ordinary clothing or footwear, household fuel or housing costs; and in this sub-paragraph the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;
.
Amendment of regulation 35 of the General Regulations
6
In regulation 35 of the General Regulations (capital jointly held) at the end there shall be added the words “and the foregoing provisions of this Chapter shall apply for the purpose of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.”.
Amendment of regulation 38 of the General Regulations
7
In regulation 38(2)(f ) of the General Regulations (calculation of grant income) for the sum of “£210” there shall be substituted the sum of “£220”.
Amendment of Schedule 2 to the General Regulations
8
In Schedule 2 to the General Regulations (income other than earnings to be disregarded) —
a
in paragraph 16 —
i
in sub-paragraph (1) for the words “or 13” there shall be substituted the words “13 or 26 to 30”;
ii
in sub-paragraph (2) for the words “or 4” there shall be substituted the words “4 or 26 to 30”;
b
in paragraph 23 for the words “section 12” there shall be substituted the words “section 21”;
c
after paragraph 34 there shall be added the following paragraph —
35
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
.
Amendment of Schedule 3 to the General Regulations
9
In Schedule 3 to the General Regulations (capital to be disregarded) —
a
in paragraph 2 after the words “to occupy” there shall be inserted the words “as his home”;
b
in paragraph 4 after the words “member of the family” there shall be inserted the words “as his home”;
c
after paragraph 30 there shall be added the following paragraphs —
31
Any payment in kind made by a charity.
32
Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section.
33
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
11th August 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Restriction of Scope of Act and Meaning of Collective Investment Scheme) Order 1988 and shall come into force on 29th April 1988.
2
In this Order, “ the Act ” means the Financial Services Act 1986.
Instruments creating or acknowledging indebtedness
2
Paragraph 12 of Schedule 1 to the Act shall be amended by the addition at the end of the following —
Notes
This paragraph does not apply to a person by reason of his accepting, or offering or agreeing to accept, whether as principal or as agent, an instrument creating or acknowledging indebtedness in respect of any loan, credit, guarantee or other similar financial accommodation or assurance which he or his principal has made, granted or provided or which he or his principal has offered or agreed to make, grant or provide.
The references in (1) above to a person accepting, or offering or agreeing to accept, an instrument include references to a person becoming, or offering or agreeing to become, a party to an instrument otherwise than as a debtor or a surety.
.
Arranging deals in investments
3
Paragraph 13 of Schedule 1 to the Act shall be amended by the addition of the following Notes —
4
This paragraph does not apply to a person by reason of his making, or offering or agreeing to make, arrangements with a view to a person accepting, whether as principal or as agent, an instrument creating or acknowledging indebtedness in respect of any loan, credit, guarantee or other similar financial accommodation or assurance which he or his principal has made, granted or provided or which he or his principal has offered or agreed to make, grant or provide.
5
Arrangements do not fall within (b) above by reason of their having as their purpose the provision of finance to enable a person to buy, sell, subscribe for or underwrite investments.
6
This paragraph does not apply to arrangements for the introduction of persons to another person if —
a
the person to whom the introduction is made is an authorised or exempted person or is a person whose ordinary business involves him in engaging in activities which fall within this Part of this Schedule or would do apart from the provisions of Part III or Part IV and who is not unlawfully carrying on investment business in the United Kingdom; and
b
the introduction is made with a view to the provision of independent advice or the independent exercise of discretion either —
i
in relation to investments generally; or
ii
in relation to any class of investments if the transaction or advice is or is to be with respect to an investment within that class.
7
The references in (4) above to a person accepting an instrument include references to a person becoming a party to an instrument otherwise than as a debtor or a surety.
.
Arrangements made in course of profession or non-investment business
4
1
The heading to paragraph 24 of Schedule 1 to the Act shall be amended by the insertion of the words “or arrangements made” after the word “given”.
2
Paragraph 24(2) of Schedule 1 to the Act shall be deleted and the following substituted —
2
Paragraph 13 above does not apply to arrangements —
a
which are made in the course of the carrying on of any profession or of a business not otherwise constituting investment business; and
b
the making of which is a necessary part of other services provided in the course of carrying on that profession or business.
3
Advice shall not be regarded as falling within sub-paragraph (1)(b) above and the making of arrangements shall not be regarded as falling within sub-paragraph (2)(b) above if the giving of the advice or the making of the arrangements is remunerated separately from the other advice or services.
.
Collective investment schemes
5
The references to a collective investment scheme in Schedule 1 to, and elsewhere in, the Act shall be amended by —
a
adding the following subsections after section 75(5) —
5A
Arrangements are not a collective investment scheme if —
a
the property to which the arrangements relate (other than cash awaiting investment) consists of shares;
b
they constitute a complying fund;
c
each participant is the owner of a part of the property to which the arrangements relate and, to the extent that his part of that property —
i
comprises relevant shares of a class which are admitted to the Official List of any member State or to dealings on a recognised investment exchange, he is entitled to withdraw it any any time after the end of the period of five years beginning with the date on which the shares in question were issued;
ii
comprises relevant shares which do not fall within (i) above, he is entitled to withdraw it at any time after the end of the period of two years beginning with the date upon which the period referred to in (i) above expired.;
iii
comprises any other shares, he is entitled to withdraw it at any time after the end of the period of six months beginning with the date upon which the shares in question ceased to be relevant shares; and
iv
comprises cash which the operator has not agreed (conditionally or unconditionally) to apply in subscribing for shares, he is entitled to withdraw it at any time; and
d
the arrangements would meet the conditions described in paragraph (c) of subsection (5) above were it not for the fact that the operator is entitled to exercise all or any of the rights conferred by shares included within the property to which the arrangements relate.
5B
For the purposes of subsection (5A) above —
a
“shares” means investments falling within paragraph 1 of Schedule 1 to this Act;
b
shares shall be regarded as being relevant shares if and so long as they are shares in respect of which neither —
i
a claim for relief, made in accordance with section 306 of the Income and Corporation Taxes Act 1988 has been disallowed; nor
ii
an assessment has been made pursuant to section 307 of that Act withdrawing or refusing relief by reason of the body corporate in which the shares are held having ceased to be a body corporate which is a qualifying company for the purposes of section 293 of that Act; and
c
arrangements shall be regarded as constituting a complying fund if they provide that —
i
the operator will, so far as practicable, make investments each of which, subject to each participant’s individual circumstances, qualify for relief by virtue of Chapter III of Part VII of the Income and Corporation Taxes Act 1988; and
ii
the minimum subscription to the arrangements made by each participant must be not less than £2000.
; and
b
by adding the following three paragraphs at the end of section 75(6) of the Act —
l
arrangements under which the rights or interests of the participants are represented by the following —
i
investments falling within paragraph 2 of Schedule 1 to this Act which are issued by a single body corporate which is not an open-ended investment company or which are issued by a single issuer which is not a body corporate and are guaranteed by the government of the United Kingdom, of Northern Ireland, or of any country or territory outside the United Kingdom; or
ii
investments falling within sub-paragraph (i) above which are convertible into or exchangeable for investments falling within paragraph 1 of Schedule 1 to this Act provided that those latter investments are issued by the same person as issued the investments falling within sub-paragraph (i) or are issued by a single other issuer; or
iii
investments falling within paragraph 3 of Schedule 1 to this Act issued by the same government, local authority or public authority; or
iv
investments falling within paragraph 4 of Schedule 1 to this Act which are issued otherwise than by an open-ended investment company and which confer rights in respect of investments, issued by the same issuer, falling within paragraph 1 of Schedule 1 to this Act or within sub-paragraph (i), (ii) or (iii) above;re issued otherwise than by an open-ended investment company and which confer rights in respect of investments, issued by the same issuer, falling within paragraph 1 of Schedule 1 to this Act or within sub-paragraph (i), (ii) or (iii) above;
m
arrangements which would fall within paragraph (l) were it not for the fact that the rights or interests of a participant (“the counterparty”) whose ordinary business involves him in engaging in activities which fall within Part II of Schedule 1 to this Act or would do so apart from Part III or Part IV of that Schedule are or include rights or interests under a swap arrangement, that is to say, an arrangement the purpose of which is to facilitate the making of payments to participants whether in a particular amount or currency or at a particular time or rate of interest or all or any combination of those things, being an arrangement under which —
i
the counterparty is entitled to receive amounts (whether representing principal or interest) payable in respect of any property subject to the scheme or sums determined by reference to such amounts; and
ii
the counterparty makes payments (whether or not of the same amount and whether or not in the same currency as those referred to in (i) above) which are calculated in accordance with an agreed formula by reference to the amounts or sums referred to in (i) above.
n
arrangements under which the rights or interests of participants are rights to or interests in money held in a common account in circumstances in which the money so held is held on the understanding that an amount representing the contribution of each participant is to be applied either in making payments to him or in satisfaction of sums owed by him or in the acquisition of property or the provision of services for him.
.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
28th April 1988


text:
Citation and Commencement
1
This Order may be cited as the Caernarfon (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“The Authority” means the Caernarfon Harbour Trust;
“the harbour” means the Port of Caernarfon which is subject to the Caernarfon Harbour Acts 1793 and 1809 ;
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at the Department and one copy of which has been deposited at the offices of the Authority situated at the Harbour Office, Caernarfon, Gwynedd.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Authority shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour) the area coloured yellow on the signed plan, being so much of the area outside the harbour as is bounded on the west by the Britannia Bridge and on the east by an imaginary line drawn from Trwyn Dinmor in position 53° 18'.8N 04° 03'.8W to the Dinmor Bank Buoy in position 53° 19'.35N 04° 03'.25W to NE tip of Puffin Island in position 53° 19'.3N 04° 01'.15W to Penmaenmawr Point in position 53° 16'.05N 03° 57'.00W.
Signed by authority of the Secretary of State
J W S Dempster
An Under Secretary in the
Department of Transport
29th September 1988


text:
Title, extent and commencement
1
This Order may be cited as the Disposal of Waste (Control of Beet Rhizomania Disease) Order 1988, shall apply to Great Britain and shall come into force on 1st March 1988.
Interpretation
2
In this Order, unless the context otherwise requires —
“appropriate Minister” means in the application of this Order to England the Minister of Agriculture, Fisheries and Food, in its application to Scotland the Secretary of State for Scotland and in its application to Wales the Secretary of State for Wales;
“approved land” means land which has been approved in writing by the appropriate Minister for the deposit of waste;
“Beet Rhizomania Disease” means the disease caused by Beet Necrotic Yellow Vein virus;
“imported” means brought to Great Britain from a country out of Great Britain;
“inspector” means a person appointed to be an inspector for the purposes of the Plant Health (Great Britain) Order 1987 ;
“processing” means processing for the purposes of business other than by way of retail sale and includes grading and packaging for those purposes;
“waste” means waste obtained from the processing of any imported raw potatoes, beets, carrots, celery or celeriac, leeks, turnips or swedes (other than those from which all traces of soil or other growing medium have been removed by washing or otherwise in the exporting country) but does not include —
waste obtained by or following a process which will kill Polymyxa betae, the vector of Beet Rhizomania Disease, or
water which has been freed from solid waste.
Prohibition of disposal of waste
3
1
Subject to paragraph (2) below, no person shall knowingly —
a
deposit or cause or permit to be deposited any waste on any land other than on approved land;
b
remove or cause or permit to be removed any waste from the processing site except for transport directly to approved land for the purpose of depositing it there;
c
remove or cause or permit to be removed any waste deposited on approved land;
d
transport or cause or permit to be transported any waste except in a vehicle or container (which will not permit escape of the waste) to approved land.
2
Paragraph (1)(a) above shall not apply to waste kept at the processing site in a container or other receptacle which will not permit escape of the waste pending its removal to approved land.
Approvals
4
1
Any person who wishes to have land declared as approved land may make a written application to the appropriate Minister.
2
A person who makes such an application shall give the appropriate Minister such information as is necessary to enable him to determine whether to grant his approval having regard to the need to prevent the spread of Beet Rhizomania Disease.
3
The appropriate Minister may grant his approval subject to such conditions, if any, as he considers necessary to prevent the spread of Beet Rhizomania Disease and may vary or revoke an approval granted under this Order.
Actions which may be taken by an inspector
5
1
An inspector may by notice in writing served on the occupier or other person in charge of any land which adjoins or is in close proximity to any approved land which has been used for depositing waste declare the first mentioned land as a safety zone.
2
If it appears to an inspector to be necessary for the purpose of preventing the spread of Beet Rhizomania Disease, he may, by notice in writing served on the occupier or other person in charge of —
a
approved land, or
b
land which has ceased to be approved, or
c
land declared as a safety zone under paragraph (1) above,
prohibit the planting on such land of such plants as he shall specify in the notice.
3
An inspector may amend or withdraw a notice served under this article by further notice in writing served on the occupier or other person in charge of the land to which the notice to be amended or withdrawn relates.
4
No notice shall be served under paragraph (2)(a) or (b) above in respect of land which has not been used for depositing waste.
Keeping of records
6
1
The person in charge of premises used for processing vegetables to which this Order applies shall keep or cause to be kept a record stating —
a
the weight of such vegetables processed at the premises,
b
the weight of waste removed from the premises,
c
the address of approved land on which the waste so removed is intended to be deposited, and
d
the name and address of the carrier of that waste.
2
The person in charge of a vehicle used for carrying waste shall keep or cause to be kept a record stating —
a
the weight of the waste carried in the vehicle on each journey,
b
the address of the premises from which the waste was removed,
c
the address of the approved land on which the waste was deposited, and
d
the registration number of the vehicle in which the waste was carried.
3
Subject to paragraph (4) below the person in charge of approved land shall keep or cause to be kept a record stating —
a
the weight of waste deposited there on each occasion,
b
the address of the premises from which the waste originated,
c
the registration number of the vehicle in which the waste was carried, and
d
the name of the person in charge of that vehicle.
4
The requirements of paragraph (3) above shall not apply in relation to waste deposited on approved land if the waste originates from a processing site which forms part of the same premises as the approved land.
5
The records required to be kept by this article shall —
a
be kept as soon as the relevant information is available,
b
be kept in a permanent and legible form,
c
be retained by the person in charge of the said premises, vehicle or approved land for a period of three years from the date on which they were made, and
d
be produced by the person for the time being in charge of them to an inspector on demand at any reasonable time.
6
The person so producing the records shall permit the inspector to take copies of, or make extracts from, them.
Powers of entry
7
1
Subject to paragraph (3) below an inspector may, on production if so required of his authority, at all reasonable times enter any vehicle or land, other than premises used wholly or mainly as a dwelling, for the purpose of ascertaining whether any of the provisions of this Order or the conditions of an approval granted under article 4 of this Order are being or have been contravened.
2
An inspector entering any vehicle or land under paragraph (1) above may for the purpose mentioned in that paragraph make such enquiries, carry out such examinations and take such samples of soil, waste or other substance as he considers necessary.
3
An inspector may not enter any land other than approved land or land used for processing vegetables to which this Order applies unless he has reason to suspect that the provisions of this Order are being or have been contravened.
Licences
8
The prohibitions contained in this Order shall not apply to a person who acts under the authority of a licence granted by the appropriate Minister and in accordance with the conditions, if any, of that licence.
Offences
9
1
A person shall be guilty of an offence, who without reasonable excuse, proof of which shall lie on him —
a
contravenes or fails to comply with a provision of this Order; or
b
contravenes or fails to comply with a condition of an approval or a licence granted under this Order; or
c
intentionally obstructs an inspector in the exercise of his powers under this Order.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding £2,000.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th January 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
14th January 1988
Peter Walker
Secretary of State for Wales
18th January 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne Water Order 1988 and shall come into force at 2.00 pm on 12th December 1988.
2
The Eastbourne Water Acts and Orders 1859 to 1986 and this Order may be cited together as the Eastbourne Water Acts and Orders 1859 to 1988.
3
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ;
“the 1859 Act ” means the Eastbourne Waterworks Act 1859 ;
“the 1863 Act ” means the Companies Clauses Act 1863 ;
“the 1920 Act ” means the Eastbourne Waterworks Act 1920 ;
“the 1961 Order ” means the Eastbourne Water (Financial Provisions) Order 1961 ;
“the 1967 Order ” means the Eastbourne Water Order 1967 ;
“the 1972 Order ” means the Eastbourne Water (Capital Powers) Order 1972 ;
“the 1983 Order ” means the Eastbourne Water (Financial Provisions) Order 1983 ;
“the 1986 Order ” means the Eastbourne Water (Financial Provisions) Order 1986 ;
“ the Company ” means the Eastbourne Water Company;
“the Third Schedule ” means the Third Schedule to the Water Act 1945 as it applies to the undertaking ;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.
Change of name
2
1
As from the commencement of this Order the name of the Eastbourne Waterworks Company shall be the Eastbourne Water Company.
2
Part IV of the 1863 Act (which relates to change of name) is hereby incorporated with this Order; and references therein to “the special Act” and “the company” shall be construed as references to this Order and the Company respectively.
Capital and borrowing powers
3
1
Section 4 of the 1983 Order (capital and borrowing powers) shall be amended as follows.
2
For the words “twenty million pounds” substitute “twenty-five million pounds”.
Temporary borrowing
4
Section 3 of the 1961 Order (temporary borrowing) shall be amended as follows —
a
after the words “or otherwise” insert “(including bills of exchange or promissory notes)”; and
b
for the words “one million pounds” substitute “two million pounds”.
Maximum rates of dividend
5
For section 5 of the 1972 Order (maximum rates of dividend) there shall be substituted the following section —
5
1
The Company shall not in respect of any year pay dividends on their paid-up share capital at rates greater than the following —
a
on capital subscribed before the date of commencement of this Order, the rates which they were entitled to pay thereon immediately before that date;
b
on ordinary capital —
i
during the initial period, 10 per cent., or
ii
thereafter 7 per cent. or such higher rate not exceeding 10 per cent. as the Secretary of State may approve;
c
on preference capital —
i
during the initial period, 12 per cent., or
ii
thereafter 7 per cent. or such higher rate not exceeding 12 per cent. as the Secretary of State may approve.
2
The Company may pay a dividend on ordinary capital at rates greater than those mentioned in subsection (1) to make up deficiencies in previous dividends arising during the five years preceding the year in respect of which a dividend is being paid.
3
In this section “the initial period” means the period of 5 years beginning with 12th December 1988.
.
Making and dates for payments of water rates
6
For section 55 of the Third Schedule (Making and dates for payment of water rates) there shall be substituted the following sections —
55
1
Undertakers who charge water rates under the special Act shall make such a rate by fixing, in respect of a period of twelve months commencing on either the first day of January, the first day of April, the first day of July or the first day of October (hereinafter called “the relevant period”), the rate poundage or, as the case may be, the scale of rate poundages, by reference to which amounts due under the rate are to be caculated.
2
Any rate made in respect of a relevant period shall be payable in respect of any premises by one of the following methods, namely —
a
by equal half-yearly instalments on such dates within the first and seventh months of a relevant period as the undertakers may specify; or
b
if the undertakers so resolve, and the person who is liable to pay the water rate in respect of the premises so elects —
i
in single payment on or before such date within the relevant period as the undertakers may specify;
ii
subject to subsection (10), not more than ten equal instalments at intervals of not less than one month on such dates within the relevant period as the undertakers may specify.
3
A water rate made in respect of a relevant period shall, unless and until a new rate is made under subsection (1), continue to have effect in respect of each successive period of twelve months.
4
If the person who is, or who, but for the provisions of section 54 above, would be, liable to pay any water rate is in occupation of premises for part only of a relevant period, that person or, as the case may be, the owner of the premises, shall be liable to pay a due proportion of the rate calculated at a daily rate in respect of any period of occupation.
5
If, and so long as, any water rate is payable by half-yearly instalments, no proceedings shall be commenced for the recovery of any such instalment until the expiration of two months from the first day of the half-year in respect of which it has been demanded.
6
Subject to subsections (4) and (5), where a person receives a supply of water to any premises, either for the first time or after a discontinuance of supply, he shall be liable to pay any instalment or amount due in respect of the water rate on the day on which notice requiring the supply is given to the undertakers or, if no such notice is given, on the day when they commence the supply.
7
A person who elects to pay a water rate in instalments in accordance with subsection (2)(b)(ii) shall give notice to that effect to the undertakers on or before such date within the relevant period as the undertakers may specify.
8
Subject to subsection (9) a notice mentioned in subsection (7) shall continue to have effect in each subsequent relevant period until withdrawn by a further notice to the undertakers.
9
A notice mentioned in subsection (7) shall cease to have effect if payment of any instalment is not made on or before the due date in a relevant period, and the undertakers give notice to that effect to the person in default and thereupon any sum due shall be recoverable by the undertakers as if a notice mentioned in subsection (7) had not been given.
10
Where any water rate is payable by instalments the undertakers may adjust the amount of the first or last instalment so that no instalment comprises or includes an amount of less than a penny.
11
In this section “specify” means set out in a written notice sent by the undertakers to a person liable to pay any water rate.
55A
1
The undertakers may once only make a water rate by fixing a rate poundage in respect of a period of three months following the expiration of a relevant period mentioned in section 55 above.
2
Any such rate shall be payable in full on the first day of that three month period.
3
Subsections (4) and (6) of section 55 shall have effect in relation to a rate made in accordance with this section.
.
Number of Directors
7
In section 18 of the 1920 Act (Number of directors), for the word “five” substitute “eight”.
Notice of meetings
8
Section 71 of the 1845 Act (notice of meetings) shall cease to apply to the Company.
Appointment of proxies
9
1
Notwithstanding anything in section 76 of the 1845 Act, the attorney of any member duly authorised in writing or, in the case of a corporation, an officer or attorney so authorised, may appoint a proxy to vote for and on behalf of the member and for that purpose may execute on behalf of the member the necessary form of proxy.
2
In the proviso to the said section 76, after the words “any member” insert “or officer”.
Voting rights
10
For section 14 of the 1986 Order (voting rights) there shall be substituted the following section —
1
Every holder of consolidated ordinary stock shall be entitled to one vote for every £1 of stock held by him.
.
Closing of transfer books
11
In section 17 of the 1845 Act (closing of transfer books), omit the words “of which seven days notice shall be given by advertisement as hereinafter mentioned”.
Repeals
12
The enactments specified in column (1) of the Schedule to this Order are hereby repealed to the extent mentioned in column (2).
Costs of Order
13
The costs, charges and expenses of and incidental to the application for, and the preparation and making of this Order shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
12th December 1988


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 1988 and shall come into force on 25th November 1988.
2
The Public Service Vehicles (Registration of Local Services) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Periods of notice
3
In regulation 5 —
a
in paragraph (1) for the words “Subject to paragraph (2), and to regulations 6, 7 and 8:” there shall be subsituted “Subject to regulations 7 and 8:”; and
b
paragraph (2) shall be omitted.
4
Regulation 6 shall be omitted.
5
In regulation 7(2) —
a
in sub-paragraph (a) after the words “or part of a service which” when they occur for the second time there shall be inserted “either he or”; and
b
after sub-paragraph (h) there shall be added the following sub-paragraph —
i
where an operator applies to register or vary a registration with respect to a service or part of a service in order to meet an urgent and exceptional public passenger transport requirement.
.
Variations of registered services
6
In regulation 9 —
a
for paragraph (2)(a) there shall be substituted —
a
a service may be varied in England and Wales in respect of any journey in a week which includes 24th December, Christmas Day, Good Friday or any bank holiday;
;
b
after paragraph (2)(a) as amended by paragraph (a) above there shall be inserted —
aa
a service may be varied in Scotland in respect of any journey in a week which includes Christmas Day, 26th December, New Year’s Day, any bank holiday or a local holiday in respect of the area of any district or islands council through which the service operates;
;
c
after paragraph (2) (f) there shall be added the following sub-paragraph —
g
a service may be varied by the provision of additional vehicles which —
i
are operated over any part of the route of the service; and
ii
are operated as closely as possible to the timings in the registered timetable.
; and
d
after paragraph (2) there shall be added the following paragraph —
3
An operator shall send notice of his intention to vary a service pursuant to paragraph (2)(a) or (2)(aa) to every relevant authority and to the traffic commissioner with whom the service is registered no later than 21 days before the variation is to take effect.
.
Cancellations of registrations relating to discontinued services
7
After regulation 9 there shall be inserted the following regulation —
9A
1
Subject to paragraphs (2) and (3), when the traffic commissioner is satisfied that a service is no longer being provided by the person who registered it, he shall cancel the registration of that service.
2
The traffic commissioner shall not cancel a registration —
a
without first sending by post a notice in writing of his intention to do so to the person mentioned in paragraph (1) at that person’s usual or last known address, or in the case of a company to its registered office; and
b
until a period of 28 days beginning with the date on which he sent the notice has elapsed.
3
Paragraph (2) shall not apply if it appears to the traffic commissioner that —
i
the person mentioned in paragraph (1) has died or no longer holds an unconditional PSV operator’s licence, or
ii
in the case of a company or a partnership it has been dissolved.
4
The traffic commissioner shall send to every relevant authority notice of the cancellation by him of any registration in accordance with this regulation.
.
Fees
8
In regulation 12 —
a
in paragraph (1) for “£27” there shall be substituted “£30”; and
b
in paragraph (2) for “£15” there shall be substituted “£27”.
Particulars of the service
9
In the Schedule paragraph 10 shall be omitted.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
28th October 1988


text:
Citation and commencement
1
This Order may be cited as the Whitehaven (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the Commissioners” means the Whitehaven Harbour Commissioners;
“the harbour” has the same meaning as in the Whitehaven Harbour Act 1962 ;
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Commissioners situated at the Harbour Office, Pears House, 1 Duke Street, Whitehaven, Cumbria CA28 7HW.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Commissioners shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour) the area coloured pink on the signed plan, being so much of the area outside the harbour as lies within the following imaginary straight lines —
a
a line drawn due west (true) for a distance of 1 nautical mile from a point at latitude 54 degs 30'.1N, longitude 03 degs 38'.1W;
b
a line drawn due west (true) for a distance of 1.88 nautical miles from a point at latitude 54 degs 36'.7N, longitude 03 degs 34'.1W; and
c
a line drawn between the seaward ends of the lines mentioned in paragraphs (a) and (b) above.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
18th August 1988


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear Development Corporation (Vesting of Land) (British Shipbuilders and British Steel Corporation) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Tyne and Wear Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Trade and Industry is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 and 2 entitled “Maps referred to in the Tyne and Wear Development Corporation (Vesting of Land) (British Shipbuilders and British Steel Corporation) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Trade and Industry, British Shipbuilders, the British Steel Corporation, the councils of the boroughs of South Tyneside and Sunderland and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and edged internally with a stippled band on a numbered map.
Vesting of Land
3
The land described in
a
Part 1 of the Schedule hereto, and now vested in British Shipbuilders, and
b
Part 2 of the Schedule hereto, and now vested in the British Steel Corporation,
or, in either case, any local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
23rd June 1988
Lord Young
Secretary of State for Trade and Industry
17th June 1988


text:
1
This Order may be cited as the Value Added Tax (Confectionery) Order 1988 and shall come into force on 1st May 1988.
2
Group 1 of Schedule 5( ) to the Value Added Tax Act 1983 shall be varied by: —
a
substituting for excepted item no. 2 —
2
Confectionery, not including cakes or biscuits other than biscuits wholly or partly covered with chocolate or with some product similar in taste and appearance.
; and
b
adding at the end of Note (5) —
, and for the purposes of item 2 of the excepted items “confectionery” includes chocolates, sweets and biscuits; drained, glacé or crystallized fruits; and any item of sweetened prepared food which is normally eaten with the fingers
.
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1988


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) (No. 4) Order 1988 and shall come into force on 6th January 1989.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 11.5 per cent. per annum.
TABLE
Section 8 of the Finance (No. 2) Act 1947 (unpaid profits tax, excess profits tax and excess profits levy) Paragraph 10(1) of Schedule 7 to the Finance Act 1960 (unpaid profits tax recovered to make good loss due to taxpayer’s fault) Sections 86 , 86A , 87 and 88 of the Taxes Management Act 1970 (unpaid income tax, surtax, capital gains tax, corporation tax, including advance corporation tax, development land tax, and overpaid development land tax) Paragraph 15(1) of Schedule 2 to the Oil Taxation Act 1975 (unpaid petroleum revenue tax)
3
The prescribed rate of interest for the purposes of section 47(1) of the Finance (No. 2) Act 1975 and sections 824(1) and 825(2) of the Income and Corporation Taxes Act 1988 (supplement in respect of repayments of certain taxes) shall be 11.5 per cent. per annum.
Tony Durant
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment (No. 2) Regulations 1988 and shall come into force on 7th November 1988.
2
In these Regulations,“the principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Amendment of regulation 5 of the principal Regulations
2
In regulation 5(1) of the principal Regulations for the word“unemployment” where it appears for the second time there shall be substituted the word“employment”.
Amendment of regulation 7 of the principal Regulations
3
1
Regulation 7 of the principal Regulations (days not to be treated as days of unemployment or incapacity for work) shall be amended in accordance with the following paragraphs of this regulation.
2
For sub-paragraph (b) of paragraph (1) there shall be substituted the following sub-paragraph —
b
a day shall not be treated as a day of unemployment in relation to a person if it is a day in respect of which that person —
i
is disqualified for receiving unemployment benefit; or
ii
has made no claim for unemployment benefit; or
iii
has made a claim for unemployment benefit but not within the prescribed time and good cause for the delay is not shown; or
iv
as made a claim for unemployment benefit but not within the prescribed time and, whether or not the person has shown good cause for the delay, he is not entitled to benefit as a result of section 165A(2) of the Act (no entitlement to benefit in respect of any period more than 12 months before the date on which a claim is made);
.
3
For sub-paragraph (c) of paragraph (1) there shall be substituted the following sub-paragraph —
c
a day shall not be treated as a day of incapacity for work in relation to a person if it is a day in respect of which that person —
i
is disqualified for receiving sickness or invalidity benefit; or
ii
as made no claim for sickness or invalidity benefit; or
iii
as made a claim for sickness or invalidity benefit but not within the prescribed time and good cause for the delay is not shown; or
iv
as made a claim for sickness or invalidity benefit but not within the prescribed time and, whether or not the person has shown good cause for the delay, he is not entitled to benefit as a result of section 165A(2) of the Act;
.
4
In head (iii) of paragraph (1)(k), before the words“an amount specified” there shall be inserted the words“subject to paragraph (4)”.
5
After paragraph (3) there shall be added the following paragraph —
4
Head (iii) of paragraph (1)(k) shall not apply to any person in respect of a day for which a compensatory award within the meaning of section 72(b) of the Employment Protection (Consolidation) Act 1978 is payable to him where such award is not actually paid to him and his former employer is insolvent within the meaning of section 127 of the said Act.
.
Amendment of regulation 32 of the principal Regulations
4
At the end of regulation 32 of the principal Regulations (invalidity pension — restriction on entitlement) there shall be added the following words —
or has, since the beginning of that period, satisfied the conditions for entitlement to sickness benefit otherwise than by virtue of the provisions of section 50A.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
28th September 1988.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bournemouth and District Water Company (Amendment of Local Enactments) Order 1988 and shall come into force on the 14th July 1988.
2
The Bournemouth and District Water Acts and Orders 1873 to 1985 and this Order may be cited together as the Bournemouth and District Water Acts and Orders 1873 to 1988.
3
In this Order —
“the Company” means the Bournemouth and District Water Company;
“the Third Schedule” means the Third Schedule to the Water Act 1945; and
“the undertaking” means the undertaking of the Company as for the time being authorised under any enactment.
Repeal and amendment of local enactments
2
1
Section 35 of the Bournemouth Gas and Water Act 1896 (which empowers the Bournemouth Borough Council (as successor to the Bournemouth Corporation ) to require water from the Company’s Wimborne pumping station to be softened) and subsections (4) and (5) of section 20 of the Bournemouth Gas and Water Act 1913 (which contain further provisions relating to the softening of water within the limits of supply of the former Wimborne Minster Waterworks Company Limited) are hereby repealed.
2
In section 64 of the Bournemouth Gas and Water Act 1896 (which prescribes the number of directors of the Company), for the word “five” substitute “seven”.
Application of section 94 of the Third Schedule
3
For the purposes of this Order, section 94 of the Third Schedule (which requires undertakers to keep a copy of the special Act at their principal office and to deposit copies with certain officers) shall apply to the undertaking and is hereby incorporated with this Order.
Costs of Order
4
The costs, charges and expenses of and incidental to the application for and the preparation and making of this Order may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Environment
13th July 1988


text:
1
This Order may be cited as the Inner London Education Area (Electoral Arrangements) Order 1988.
2
This Order shall come into force on the ordinary day of election of members of the Inner London Education Authority in 1990 (within the meaning of section 37 of the Representation of the People Act 1983 ) except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force on 10th October 1989.
3
1
The existing electoral divisions of the Inner London Education Area shall be abolished and that area shall be divided into fifty-eight electoral divisions which shall bear the names set out in column 1 of the Schedule to this Order, and each such electoral division shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of members of the Inner London Education Authority to be elected for each electoral division constituted by this Order shall be one.
4
The ordinary elections of all members to the Inner London Education Authority shall be held simultaneously on the ordinary day of election in 1990 and every fourth year thereafter.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
19th January 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefit (Persons Abroad) Amendment Regulations 1988 and shall come into force on 11th April 1988.
2
In these Regulations“the principal regulations” means the Social Security Benefit (Persons Abroad) Regulations 1975 .
Modification of the Social Security Act 1975 in relation to widow’s payment
2
After paragraph (2) of regulation 4 of the principal regulations there shall be inserted the following paragraph:
2A
In the case of a widow’s payment, paragraph (1) above shall apply only where —
a
the woman or her late husband was in Great Britain at the time of his death; or
b
Sub-paragraph (a) above does not apply but the woman returned to Great Britain within 4 weeks of her husband’s death; or
c
the contribution conditions for widowed mother’s allowance and widow’s pension set out in paragraph 5 of Schedule 3 to the Act or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the woman.
Amendment of regulation 5 of the principal regulations
3
In regulation 5(1) of the principal regulations, for the words“section 124 or section 126A of the Act (up-rating of benefits and increments in guaranteed minimum pensions) as the case may be”, there shall be substituted the words“section 63 of the Social Security Act 1986 (up-rating of benefits and increments in guaranteed minimum pensions)”.
Signed by authority of the Secretary of State for Social Services.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Health and Social Security
8th March 1988


text:
1
The length of Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which this Order comes into force.
2
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 YHR016 marked “The (A18) Sheffield — Grimsby Trunk Road (Barnetby Top to Grimsby) (Detrunking) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the Trunk Road”
means the Sheffield — Grimsby Trunk Road (A18).
3
This Order shall come into force on 1st April 1988 and may be cited as the (A18) Sheffield — Grimsby Trunk Road (Barnetby Top to Grimsby) (Detrunking) Order 1988
Signed by authority of the Secretary of State
J.F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
14th March 1988


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1988 and shall come into force on 4th July 1988.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of that Table there are substituted the amounts specified in column 3 of the Table.
TABLE
(1) Regulation (2) Existing amount (3) Substituted amount
20(1)(a) £7.48 £7.92 20(1) (c) £12.52 £13.22 25(2) £32.00 £37.00
4
In regulation 23 (duplicate test certificates), in paragraph (2) for the words “a fee of £7.50” to “same effect as the original test certificate:” there shall be substituted —
a fee of —
a
£7.50 in the case of a Class VI vehicle;
b
£3.96 in the case of a motor bicycle not having a side car attached to it; and
c
£6.61 in any other case;
shall issue a duplicate marked “Duplicate” and the duplicate so issued shall have the same effect as the original test certificate:
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
6th June 1988


text:
1
This Order may be cited as the Combined Probation Areas (Warwickshire) Order 1988 and shall come into force on 1st January 1989.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Warwickshire Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Alcester, Kineton, Shipston on Stour, Southam, Stratford-upon-Avon and Warwick; and
b
inserting in alphabetical order in column 1 —
i
“Mid-Warwickshire” and corresponding to that in column 3 “4”, and
ii
“South Warwickshire” and corresponding to that in column 3 “5”.
3
1
The three justices appointed to be members of the Warwickshire Probation Committee by the justices for the petty sessional divisions of Alcester, Kineton and Shipston on Stour respectively and the two justices so appointed by the justices for the petty sessional division of Stratford-upon-Avon, in each case before the abolition of the said petty sessional divisions and their reconstitution to form the new division of South Warwickshire, shall continue to hold office as members of that Committee, as if they had been appointed by the justices of that new division, until 30th November 1989 and shall then cease to hold office, but shall be eligible for re-appointment.
2
The justice appointed to be a member of that Committee by the justices for the petty sessional division of Southam and the three justices so appointed by the justices for the petty sessional division of Warwick, in each case before the abolition of the said petty sessional divisions and their reconstitution to form the new petty sessional division of Mid-Warwickshire, shall continue to hold office as members of that Committee, as if they had been appointed by the justices of that new division, until 30th November 1989 and shall then cease to hold office, but shall be eligible for re-appointment.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
20th December 1988


text:
PART I
CITATION, COMMENCEMENT AND INTERPRETATION
1
1
These Regulations may be cited as the Water (Meters) Regulations 1988.
2
Parts I, II and V of these Regulations shall come into force on 11th July 1988, and the remainder on 1st October 1988.
3
In these Regulations —
“ the Act ” means the Public Utility Transfers and Water Charges Act 1988;
“the 1988 Regulations ” means the Measuring Equipment (Cold-water Meters) Regulations 1988 ;
“the customer” means the person who is liable to pay water charges in respect of any premises in relation to which a meter is fitted;
“house” and “supply pipe” have the same meaning as in the Third Schedule to the Water Act 1945 ;
“meter” means any apparatus for measuring and showing the volume of water supplied to any premises, but does not include outreading apparatus;
“outreading apparatus” means any apparatus connected to a meter for the purpose of showing or transmitting signals showing the volume measured by that meter and installed on or adjoining premises to which that meter relates;
“prescribed limits of error” means the prescribed limits of error in relation to the obliteration of the stamp or mark set out in the Schedule to the 1988 Regulations;
“stop-tap” means a tap fitted on a supply pipe inside a building to permit the flow of water in that pipe to be stopped;
“undertakers” means water undertakers; and
“water charges” means any charges which undertakers may fix under section 30 of the Water Act 1973 or section 2 of the Act.
PART II
POSITIONING OF METERS AND OUTREADING APPARATUS
2
1
This Part applies where undertakers instal or reposition meters or outreading apparatus in circumstances in which paragraph 6 of Schedule 1 to the Act applies.
2
Nothing in this Part shall apply to the repositioning or replacement of a meter or outreading apparatus installed before 11th July 1988.
Installation of meters
3
1
Meters shall be so installed as to ensure that they are reasonably accessible for reading, inspection, testing and maintenance.
2
A meter installed outside a building shall be installed as near as is reasonably practicable either to the boundary of the premises to which it relates or to the point where the supply pipe enters the building.
3
A meter installed inside a building shall be installed as near as is reasonably practicable to the point where the supply pipe enters the building or to the stop-tap.
4
A meter installed outside a building and any associated pipes and fittings shall be adequately protected against damage from frost.
Installation of outreading apparatus
4
1
Outreading apparatus shall be installed in a position in which it is reasonably accessible for inspection, testing and maintenance, and shall (so far as reasonably practicable) be in an unobtrusive position.
2
Outreading apparatus, other than apparatus designed to transmit signals to other premises, shall be installed either in a position where it can be read by or on behalf of the undertakers without entering a building or, where a number of meters are installed inside a building, in an entrance hall or lobby to which all the customers in that building have access.
Powers of undertakers and requests for alternative positioning
5
1
Subject to Regulations 3 and 4, the undertakers may determine where any meter or outreading apparatus should be positioned in relation to any premises.
2
The undertakers shall notify the occupier of the location in which they propose to instal a meter or outreading apparatus.
3
The occupier may request the undertakers: —
a
to instal the meter or outreading apparatus in a position other than that proposed by the undertakers; or
b
where the meter or outreading apparatus has already been installed, to reposition the meter or outreading apparatus.
4
A request under paragraph (3) shall be made in writing, giving reasons for the request.
5
Where the undertakers agree to such a request, they shall notify the occupier in writing of the effect of paragraph 6(3) of Schedule 1 to the Act (occupier to bear expenses of complying with request), giving an estimate of the expenses likely to be borne by the occupier under that provision.
6
Where the undertakers do not agree with such a request, they shall notify the occupier in writing of their reasons.
PART III
TESTING AND READING OF METERS
Testing of meters
6
1
The undertakers or any person duly authorised by them may at any time, and shall if so requested in writing by the customer, test the accuracy of any meter which has been installed.
2
A meter shall be tested in accordance with Regulation 6(2) and (4) of the 1988 Regulations in order to determine whether it falls within the prescribed limits of error (whether or not it is a meter to which those Regulations apply).
3
The undertakers or any person duly authorised by them may remove a meter from premises where it is necessary to do so for the purpose of testing.
4
The equipment used for testing shall comply with clause 4.6 of BS 5750: Part 3: 1987( ).
5
The undertakers shall provide the customer with a copy of the results of the test.
Expenses of testing
7
Where a test is carried out in accordance with Regulation 6 at the request of the customer, and the meter on being tested falls within the prescribed limits of error, the undertaker may recover from the customer the expenses reasonably incurred by them in carrying out the test, not exceeding: —
a
where the test is carried out by removing the meter from the premises, £70;
b
in any other case, £20.
Method of proof and effect of meter reading
8
1
Where undertakers fix charges in relation to any premises by reference to volume, a reading from the meter installed in relation to those premises proved in accordance with this regulation shall be evidence of the volume of water supplied to those premises, unless the meter is proved to register incorrectly.
2
A reading from a meter may be proved by producing the certificate of a person duly authorised by the undertakers to read the meter and certify the reading.
3
A meter shall be regarded as registering incorrectly if on being tested it is found to exceed the prescribed limits of error.
4
Except where it is proved to have begun to register incorrectly on some later date, a meter which is found to exceed the prescribed limits of error shall be deemed to have done so since the last occasion but one on which the undertakers or any person duly authorised by them last read the meter for the purpose of ascertaining the volume of water supplied to the premises in relation to which it is installed.
Adjustment of charges
9
1
Subject to paragraphs (2) and (3), an account shall be taken of the sums payable by the undertakers or by the customer for any period during which the meter has or is deemed to have registered incorrectly; and the balance shall be paid or allowed by the undertakers or paid by the customer, as the case may be.
2
Where a meter which is connected to a supply of water to a house is proved to have registered less than the volume of water supplied to that house, the balance payable by the customer shall not exceed an amount reflecting the charge for the volume of water which would ordinarily have been supplied to the house during the six months preceding the last occasion on which the undertakers or any person duly authorised by them last read the meter for the purpose of ascertaining the volume of water supplied to the house, less any sums already paid in respect of that period.
3
Nothing in this regulation shall affect the liability of the customer or the undertakers in respect of any period of account commencing before 11th July 1988.
PART IV
INFORMATION PROVIDED WITH BILLS
10
Where charges are fixed in relation to any premises by reference to volume, the undertaker shall, with every demand for payment of charges, provide —
a
information as to any code of practice adopted by the undertaker relating to payment of charges;
b
information as to the availability of, facilities for, and any amount payable in respect of, the testing of meters; and
c
a statement of, or of the effect of, Regulation 8 and section 3(6) and (7) of the Act (method of proof and effect of meter reading, liability for charges after ceasing to occupy metered premises, and offences of tampering with meters etc. ).
PART V
ARBITRATION
11
Any dispute arising under these Regulations between the undertaker and any person shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Secretary of State.
Nicholas Ridley
Secretary of State for the Environment
14th June 1988


text:
PART I
INTRODUCTORY
Citation and Commencement
1
This Order may be cited as the Judicial Pensions (Preservation of Benefits) Order 1988 and shall come into force on 1st September 1988.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Act of 1981 ” means the Judicial Pensions Act 1981 ;
“full rate” means the rate at which a pension might have been granted to an office-holder if his service had continued to normal pension age, but calculated by reference to the annual salary attaching, at the date he ceased (within the meaning of article 4(1)) to hold office, to —
his last office; or
an earlier office of his where the amount of pension would have been based on that salary, but if that office had ceased to exist before the date on which he ceased to hold his last office, the annual salary shall be taken to be such as the Lord Chancellor or the Secretary of State, as the case may be, with the concurrence of the Treasury may determine it would have been had the office continued to exist;
“normal pension age” means the earliest age at which, if his service had continued until retirement at that age, an office-holder might have been granted a pension under a relevant enactment;
“office-holder” means a person who holds, or has held, a scheduled office;
“relevant enactment” means an enactment by virtue of which an office-holder might be granted a pension in respect of any relevant service and, in the case of a person who has held more than one office, includes an enactment relating to the payment of superannuation benefits to or in respect of such a person;
“relevant service” has the meaning given by article 4(2);
“scheduled office” means an office listed in Schedule 2;
2
References in this Order to eligibility for a pension are, in relation to an office service in which carries entitlement to a pension, references to such entitlement, and references to the grant of a pension or to the rate at which a pension might be payable shall be construed accordingly.
PART II
GENERAL
Office-holders to whom Order applies
3
This Order shall apply to, but only to, an office-holder who ceases to hold office after 31st August 1988.
Ceasing to hold office and relevant service
4
1
An office-holder does not cease to hold office for the purposes of this Order if, after ceasing to hold a scheduled office but before reaching normal pension age, he starts to hold another office service in which may, under any relevant enactment, be reckoned on any basis together with service in the earlier office for the purpose of superannuation benefits (or which might have been so reckoned but for his having left that other (or a subsequent) office before reaching compulsory retirement age).
2
An office-holder’s service in a scheduled office is relevant service for the purposes of this Order and his relevant service may include any earlier service of his which may, under any enactment, be reckoned in accordance with paragraph (1) together with service of his in a scheduled office —
Provided that, where an office-holder is entitled to make an election under this Order, then, whether or not he makes that election, his relevant service shall not include any service of his which would have fallen to be disregarded for the purpose of superannuation benefits had he made (or, as the case may be, not made) a corresponding election under a relevant enactment.
3
For the purposes of paragraphs (1) and (2) above it is immaterial whether —
a
the office-holder has served at any time in any other office (including an office in relation to which he ceases to hold office for the purposes of this Order); or
b
the earlier and the later offices are the same; or
c
any election available in respect of an office-holder has been made; or
d
the superannuation benefits payable under the relevant enactment relating to one office would, in the circumstances, be unaffected by adding the other service into the reckoning.
PART III
PRESERVED BENEFITS
Office-holder’s pension
5
1
An office-holder who has completed two years of relevant service, but who has ceased to hold office before normal pension age, becomes eligible for a pension when he reaches whichever is the later of age 60 and —
a
in the case of an office-holder who has made an election under article 7(1), retirement age: or
b
in any other case, normal pension age.
2
The annual rate at which that pension may be paid shall bear to the full rate the same proportion as the number of completed years of relevant service bears to the number of completed years which the office-holder would have served if his service had continued until —
a
in the case of an office-holder who has made an election under article 7(1), retirement age; or
b
in any other case, normal pension age.
3
In this article, “retirement age” means the age at which an election would have been available to the office-holder under the relevant enactment applicable to him.
Lump Sum and Widow’s and Children’s Pensions
6
Section 17 (except subsections (2)(b) and (3)) and sections 18 to 23 of the Act of 1981 shall apply in relation to an office-holder who becomes eligible for a pension by virtue of this Order (or who dies before becoming so eligible but would have become so eligible had he survived) as they apply in relation to an office-holder who becomes eligible for a pension on retirement at normal pension age or who dies in service.
PART IV
SUPPLEMENTARY
Election in respect of two or more periods of service
7
1
Where an office-holder who has served in more than one office has ceased to hold office before normal pension age, then, if he would have been entitled on his retirement, had his service continued to compulsory retirement age, to elect that the superannuation benefits payable to or in respect of him should be determined under an enactment relating to the payment of superannuation benefits to or in respect of persons who have served in more than one office, he shall, for the purposes of that enactment, have the same right of election, and that right may be exercised within an equivalent period, as if he had retired at an age at which an election under that enactment would have been available to him.
2
A provision in any enactment such as is referred to in paragraph (1) above, by virtue of which an authority, liable to pay benefits payable in consequence of an election made under that enactment, is entitled to recover a contribution from any other authority, shall apply to benefits payable in consequence of an election made under this article.
3
Any election made in reliance on this article by a person who had not ceased to hold office shall be of no effect.
Provisions about early retirement
8
Any provision in a relevant enactment about early retirement on the grounds of ill-health shall, without prejudice to its operation in other respects, be disregarded for the purpose of this Order.
Inalienability
9
Any assignment (or, in Scotland, assignation) of, or charge on, any agreement to assign or charge, any pension or lump sum which may be granted by virtue of this Order shall (unless made by an office-holder in favour of his widow or a dependant of his) be void.
Relationship to other benefits
10
1
Any benefit granted by virtue of this Order in respect of any relevant service shall be payable notwithstanding that other benefits are, otherwise than by virtue of this Order, payable to or in respect of the office-holder
a
under a relevant enactment; or
b
under an enactment relating to superannuation benefits in respect of an office to which Part II of the Act of 1981 applies;
so, however, that any benefits granted by virtue of this Order shall be abated to the extent that they exceed the amount, if any, by which the other benefits might have been increased if the relevant service in respect of which benefits are granted under this Order had been service in the office in respect of which the other benefits are payable.
2
Where the other benefits, for the purposes of paragraph (1) above, are payable to or in respect of an office-holder by virtue of service of his in more than one office, the amount referred to in that paragraph may be arrived at in the manner most favourable to him.
Revocation of existing order
11
The Judicial Pensions (Preservation of Benefits) Order 1987 is hereby revoked, but without prejudice to its continued application in relation to any person who ceased for the purposes of this Order to hold office before 1st September 1988.
Mackay of Clashfern, C
Dated 29th July 1988
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
Dated 5th August 1988


text:
Citation and commencement
1
This Order may be cited as the Common Parts Grant (Rateable Value Limits) Order 1988 and shall come into force on 17th February 1988.
Limits of rateable value
2
For the purposes of section 498C(1) of the Housing Act 1986, the limit of average rateable value for a building in each of the following areas is as specified below —
Area Limit
City of Westminster £500 Royal Borough of Kensington and Chelsea £500 Elsewhere in Greater London £400 Borough of Hove £280 Elsewhere in England and Wales £225
Nicholas Ridley
Secretary of State for the Environment
11th December 1987
Peter Walker
Secretary of State for Wales
16th December 1987
We consent,
Tony Durant
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
12th January 1988


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for the carrying out by them of the duties of their offices specified in the Schedule.
2
The Fees established and set out in Items 1 to 5 and 8 to 12 of Table III of the Schedule to The Legal Officers Fees Order 1975 and Tables I and II of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1987 shall no longer be payable.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to any fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
Any agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1988 and shall come into operation on the first day of January 1989.
J. R. Cumming-Bruce
A. Black
T. A. C. Coningsby
D. Lovelock
B. M. M. O'Connor
Dated this 27th day of May 1988
Approved by the General Synod the
W. D. Pattinson
Secretary-General
sixth day of July 1988