text:
PART I
Citation, commencement and interpretation
1
1
This Order may be cited as the Merseyside Residuary Body (Winding Up) Order 1989 and shall come into force on 30th January 1990.
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“the 1985 Act ” means the Local Government Act 1985;
“the abolished council” means the former Merseyside County Council;
“the county” means the county of Merseyside;
“expenditure” in relation to Liverpool or Wirral includes administrative expenses properly incurred by them;
“the local council” means the council of a district in the county and in relation to property means the council of the district in which the property is situated;
“property”, except in article 11, does not include cash or the balance of any fund or account;
“the Residuary Body ” means the Merseyside Residuary Body;
“Liverpool” means the council of the City of Liverpool;
“Wirral” means the council of the metropolitan borough of Wirral; and
“the transfer date” means 31st January 1990.
3
For the purposes of any provision of this Order, other than article 5, which requires the payment or recovery of sums in the appropriate proportions,
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the county; and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to the 30th June which falls 21 months before the beginning of the financial year in which the payment falls to be made or the sum recovered, as the case may be.
PART II
OF PROPERTY, FUNCTIONS, RIGHTS AND LIABILITIES
Transfer of property, etc
2
1
On the transfer date —
a
all interests of the Residuary Body in land which is the subject of an agreement for its disposal or option for its purchase shall vest in Liverpool;
b
all interests of the Residuary Body in the land described in Column 1 of the Schedule to this Order shall vest in the authority specified in Column 2; and
c
subject to paragraph (2), all other interests of the Residuary Body in land shall vest in the local council.
2
The interests of the Residuary Body in Metropolitan House, Old Hall Street, Liverpool shall not transfer under paragraph (1)(c).
3
Subject to paragraph (4), all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, any interests in land transferred by paragraph (1) shall vest in the council or authority to which such interests are so transferred.
4
Where prior to the transfer date the Residuary Body has disposed of any property subject to a covenant that the Residuary Body shall receive a proportion of any subsequent increased development value, the benefit of that covenant shall vest in Liverpool.
5
In each financial year commencing with the financial year beginning 1st April 1989 Liverpool shall pay to each of the other local councils the appropriate proportion of —
a
an amount equal to Liverpool’s net revenue receipts from any interest in land or benefit vested by paragraphs (1)(a) or (4); and
b
an amount equal to Liverpool’s net capital receipts in respect of any interest so vested or the disposal of any such interest so vested.
6
In the preceding paragraph, —
a
“net revenue receipts” means revenue receipts in the year in question after deducting the aggregate amount of expenditure incurred by Liverpool in that year in connection with interests in land vested by paragraph (1)(a); and
b
“net capital receipts” means capital receipts in the year in question after deducting any amount by which net revenue receipts are a negative amount.
7
The balance of the net capital and revenue receipts shall be retained by Liverpool.
Transfer of monies
3
1
a
Immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £100,000; and
b
on the transfer date the Residuary Body shall transfer that sum to Wirral.
2
Immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £1 million to meet its expenditure between the transfer date and 30th March 1990.
3
On the transfer date all monies held by the Residuary Body and all sums standing to the credit of that Body on any account (other than the sums referred to in paragraphs (1) and (2)) shall vest in Liverpool.
4
On or before 30th March 1990 Liverpool shall pay to each of the other local councils the appropriate capital and appropriate revenue sums as defined in paragraph (5).
5
In paragraph (4) —
“appropriate capital sum” means a sum equal to the appropriate proportion of the aggregate amount of capital money held by the Residuary Body or standing to its credit on any account immediately before the transfer date;
“appropriate revenue sum” means a sum equal to the appropriate proportion of the aggregate of all other sums which immediately before the transfer date are held by, or stand to the credit of, the Residuary Body on any account other than the special fund.
6
The amounts reflecting the difference between the amounts vested by paragraph (3) and the amounts which fall to be paid to other local councils by paragraph (4) shall be retained by Liverpool as their share of the vested amounts.
7
In this article “capital money” means monies described in article 2(2)(a) of the Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 .
Compensation and superannuation matters
4
1
All the functions of the Residuary Body in relation to any contract of employment with the abolished council or a contract of employment with the Residuary Body terminating on or before the transfer date and all rights and liabilities of that Body which arise from any such contract shall on the transfer date become functions of, or vest in, Wirral.
2
Without prejudice to the generality of paragraph (1) the functions of the Residuary Body conferred by regulation 3(1) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 shall on the transfer date become functions of, or vest in, Wirral.
3
All the functions of the Residuary Body relating to the making of payments under the Local Government Reorganisation (Reduction of Redundancy Payment Cases) Scheme 1986 shall on the transfer date become functions of, or transfer to, Wirral.
4
Regulation 3(3) of the Regulations mentioned in paragraph (2) above shall apply to the exercise by Wirral of any discretionary function transferred by paragraph (1) as if references to the appropriate residuary body were references to Wirral.
Block Grant
5
1
Any payment which by virtue of any provision of Part VI of the 1980 Act would but for this Order have fallen, by virtue of section 81 of the 1985 Act, to be made by or to the Residuary Body shall be made by or to the local councils in the appropriate proportions.
2
For the purposes of paragraph (1) —
a
“the appropriate proportions” shall be construed in accordance with article 1(3)(a); and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to 30th June 1983 in the case of any payment attributable to the financial year ended 31st March 1986.
3
Any information, notice or request under section 65, 66 or 67 of the 1980 Act which but for this article would have fallen to be given or made by or to the Residuary Body shall be given or made by or to Liverpool.
Transfer of proceedings
6
1
Subject to paragraphs (2) and (3), on the transfer date in any proceedings before any court or tribunal to which the Residuary Body is a party, Liverpool shall be substituted for the Residuary Body.
2
In any such proceedings as are mentioned in paragraph (1) but which relate to any matter which by this Order or otherwise is or has been transferred to Wirral, Wirral shall be substituted for the Residuary Body.
3
In any such proceedings as are mentioned in paragraph (1) but which relate to a property which by this Order or otherwise is or has been transferred to a local council, that local council shall be substituted for the Residuary Body.
Transfers of rights and liabilities
7
1
Subject to the preceding provisions of this Order and to paragraph (2), on the transfer date —
a
all rights and liabilities and any records of the Residuary Body relating to any function which by virtue of this Order or otherwise becomes or has become a function of Liverpool shall vest in Liverpool;
b
all interests of the Residuary Body in the Mersey Barrage Company Limited and in Oyston Cable Communications Group Limited shall vest in Liverpool to be held for the benefit of all the local councils;
c
all rights of the Residuary Body in relation to the Merseyside Innovation Centre Limited shall vest jointly in all the local councils;
d
all rights and liabilities of the Residuary Body in relation to the Merseyside Enterprise Board shall vest jointly in all the local councils;
e
all other rights and liabilities of the Residuary Body in relation to land shall vest in the local council; and
f
all remaining rights, liabilities and records of the Residuary Body shall vest in Liverpool to be held for the benefit of, or discharged on behalf of, all the local councils.
2
Paragraph (1) shall not apply to any right or liability of the Residuary Body in relation to —
a
any contract of employment other than those mentioned in article 4(1); or
b
the sum set aside under article 3(1).
Consequential financial provisions
8
1
Any net capital receipts paid to a local council pursuant to article 2(5)(b) and the balance of net capital receipts retained by Liverpool pursuant to article 2(7) shall be treated for the purposes of Part VIII (capital expenditure) of the 1980 Act as a capital receipt of the council.
2
Any sum paid to a local council as an appropriate capital sum under article 3(4) or retained by Liverpool pursuant to article 3(6) and reflecting capital monies shall be treated for the purposes of the said Part VIII as a capital receipt of the council.
3
Regulations under section 72(3)(d) and 75 of the 1980 Act shall apply to amounts to be treated by virtue of this article as capital receipts of a local council for the purposes of Part VIII as they apply to other receipts of the council.
4
Sums received by Liverpool in respect of the disposal of assets vested in that council by article 2(1)(a) or 2(4) of this Order shall not be capital receipts for the purposes of Part VIII of the 1980 Act.
9
Any net capital receipts or appropriate capital sums paid to a local council pursuant to article 2(5)(b) or 3(4), and the balance of net capital receipts and the appropriate capital sum retained by Liverpool pursuant to articles 2(7) and 3(6), shall be applied for any purpose for which capital money received by a local council on the disposal of land under Part VII of the Local Government Act 1972 may properly be applied.
Consequential administrative arrangements
10
1
On or before 30th March in the financial year commencing on 1st April 1989 and on or before 30th June in any later financial year, Liverpool shall notify every other local council of its estimate of the amount to be paid to that council in the current financial year by way of net capital receipts under article 2(5)(b) or an appropriate capital sum under article 3(4) and of the classes of disposals and repayments to which that amount relates.
2
On making any payment of net capital receipts in pursuance of article 2(5)(b) or of an appropriate capital sum in pursuance of article 3(4) Liverpool shall notify the council to which payment is made of the classes of disposals and repayments to which the payment relates.
3
For the purposes of paragraphs (1) and (2), disposals and repayments shall be classified in accordance with the Schedule 1 to the Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987 .
4
When Liverpool send a notification under paragraph (1) or (2) they shall send a copy to the Secretary of State and where he is sent a copy of a notification under paragraph (2) they shall advise the Secretary of State of the amount paid to the relevant council.
5
Liverpool shall —
a
on or before the relevant date mentioned in paragraph (1) provide the Secretary of State with an estimate of the amount they anticipate they will retain in the current financial year by way of capital monies and of the classes of disposals and repayments to which that amount relates; and
b
when they retain any amount following a distribution of capital monies notify the Secretary of State of the amount retained and the classes of disposals and repayments to which that amount relates.
6
The Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 shall cease to have effect in relation to the county on the transfer date.
PART III
WINDING UP
Winding Up
11
On 30th March 1990 the Residuary Body shall be wound up and on that date —
a
such of its remaining functions, rights and liabilities as relate to any contract of employment with the Residuary Body shall transfer to and vest in Wirral; and
b
any other remaining functions, property, rights and liabilities shall vest in Liverpool and be held by that council for the benefit of all the local councils or discharged by that council on their behalf, as the case may be.
Accounts
12
Any function under —
a
section 78 or 79 of the 1985 Act; or
b
Part III of the Local Government Finance Act 1982 which would, but for this Order, have fallen to be discharged on or after 30th March 1990 by the Residuary Body shall be discharged by Liverpool.
PART IV
MISCELLANEOUS AND GENERAL
Apportionment
13
1
All money transferred to or sums realised by Liverpool or Wirral by or in pursuance of the transfer by articles 6(1), 7(1)(a), (1)(b), (1)(f) and 11 of this Order of any property or rights shall, after deduction of any relevant expenditure, be apportioned among the local councils; and Liverpool or, as the case may be, Wirral, shall, not later than the end of the financial year following that in which it is received, pay the appropriate proportion to each of the other councils and shall retain the balance.
2
If in any financial year the aggregate in that year of the money and sums referred to in paragraph (1) is insufficient to meet any relevant expenditure for that year, that expenditure shall be apportioned among the local councils; and the appropriate proportion shall be recoverable by Liverpool or Wirral, as the case may be, from each of the other local councils.
3
In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
Continuity of the exercise of functions
14
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes the function of Liverpool or Wirral shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to Liverpool or Wirral, as the case may be.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Continuity of employment in certain cases
15
Where the employment by the Residuary Body of any person is terminated, and that termination is attributable to any provision of this Order, regulation 5 (continuity of employment) of the Local Government Superannuation (Local Government Reorganisation) Regulations 1985 shall apply as if, for the purposes of paragraph 1(b)(ii), the termination were not attributable to an Order under section 67(3) of the 1985 Act.
Complaints of maladministration by Residuary Body
16
1
The Parliamentary Commissioner may investigate or, as the case may be, continue to investigate a complaint of maladministration by the Residuary Body notwithstanding its winding up.
2
In relation to any such investigation begun or continued after the transfer date, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the principal officer of the Residuary Body there were substituted —
a
where the complaint relates to the exercise of a function which by virtue of this Order becomes a function of Wirral, a reference to the proper officer of Wirral;
b
where the complaint relates to land which, by virtue of this Order, vests in a local council, a reference to the proper officer of that council; or
c
in any other case, a reference to the proper officer of Liverpooland as if any specified action had been taken by Wirral or as the case may be, by the local council or by Liverpool.
Disputes
17
In the event of a dispute between any of the local councils as to the amount of any expenditure recoverable by Wirral or Liverpool pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
Chris Patten
Secretary of State for the Environment
20th December 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Insider Dealing (Recognised Stock Exchange) Order 1989 and shall come into force on 1st January 1990.
2
The Secretary of State hereby declares the investment exchange known as NASDAQ, which is an unincorporated association consisting of the National Association of Securities Dealers Inc., NASDAQ Inc., NASD Market Services Inc., and NASDAQ International Ltd. , to be a recognised stock exchange for the purposes of the Company Securities (Insider Dealing) Act 1985.
John Redwood
Parliamentary Under-Secretary of State
Department of Trade and Industry
19th November 1989


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 1989 and shall come into force on 31st March 1989.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
8th March 1989


text:
PART I
GENERAL
Citation and commencement
1
These regulations may be cited as the Education (Teachers) Regulations 1989 and shall come into force on 1st September 1989.
Revocations and transitional provisions
2
1
Subject to paragraph 2(3) of Schedule 5, the Education (Teachers) Regulations 1982 , the Education (Teachers) (Amendment) Regulations 1988 and the Education (Teachers) (Amendment) Regulations 1989 are hereby revoked.
2
Schedule 1 shall have effect as respects the transitional matters there mentioned.
Schools and institutions to which these Regulations apply and interpretation
3
1
Except where the context otherwise requires, in these Regulations–
a
a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained, or a grant-maintained school;
b
a reference to a further or higher education institution is a reference to an institution providing further education or higher education (or both) which is either maintained by a local education authority or is designated by or under Schedule 2 as an institution substantially dependent for its maintenence on assistance from local education authorities or on grants under section 100(1)(b) of the Education Act 1944 ;
c
a reference to an institution, without qualification, is a reference to a further or higher education institution or an institution within the PCFC funding sector;
d
a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years.
2
Except where the context otherwise requires, in these Regulations–
“city technology college” and “city college for the technology of the arts” means an independent school situated in England or Wales which is, or was at the relevant time, recognised by the Secretary of State as a city technology college or city college for the technology of the arts, respectively;
“hearing impaired” means deaf or partially hearing;
“higher education” means education provided by any of the following courses:–
a course for the further training of teachers or youth and community workers;
a post-graduate course (including a higher degree course);
a first degree course;
a course for the Diploma of Higher Education;
a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies;
a course for the Certificate in Education;
a course in preparation for a professional examination at a standard higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council;
a course providing education (whether or not in preparation for an examination) at a standard higher than the standard of courses providing education in preparation for examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council;
“licensed teacher” has the meaning assigned thereto by paragraph 2 of Schedule 4;
“recommending body” means–
in the case of a special school maintained by a local education authority or a county, controlled, aided or special agreement school which has no delegated budget, the local education authority;
in the case of such a school which has a delegated budget, the governing body of the school;
in the case of a grant-maintained school, the governing body of the school; and
in the case of a special school not maintained by a local education authority, the governing body of the school;
and any reference to a school which has a delegated budget shall be construed in accordance with section 33(6)(b) of the Education Reform Act 1988.
“relevant employment” has the meaning assigned thereto by regulation 7;
“qualified teacher” has the meaning assigned thereto by regulation 13 and “unqualified teacher” shall be construed accordingly;
“visually impaired” means blind or partially sighted.
Approvals
4
Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case.
Cross references
5
Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
PART II
PROVISIONS APPLYING TO SCHOOLS AND FURTHER OR HIGHER EDUCATION INSTITUTIONS
Staffing of schools and maintained or assisted institutions
6
1
At any school or further or higher education institution there shall be employed a staff of teachers suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils having regard to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or institution in question.
2
Without prejudice to the generality of paragraph (1)–
a
the staff of teachers employed at a school shall include a head teacher;
b
the staff of teachers employed at a further or higher education institution shall have qualifications appropriate to the giving of adequate instruction in the subjects in which courses are provided.
3
The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools contained in Part IV of these Regulations.
PART III
PROVISIONS OF GENERAL APPLICATION
Employment to which Part III applies
7
This Part shall apply in relation to the employment of persons–
a
by a local education authority, as teachers (whether or not at a school or institution) or as workers with children or young persons;
b
by any other body, as teachers at a school or institution;
and any reference in this Part to relevant employment is a reference to such employment.
Health standards – appointments
8
1
A person shall not be appointed to relevant employment unless his employers are satisfied as to his health and physical capacity therefor.
2
For the purposes of this regulation, where it appears to his employers reasonable so to do–
a
in the case of the first appointment as a teacher of a person in respect of whom the Secretary of State has been satisfied that he has the health and physical capacity for teaching, they may accept the Secretary of State’s conclusion in the matter;
b
in the case of any appointment to relevant employment of a person previously in such employment, they may rely upon the person’s medical record while in that employment.
Health standards – continued employment
9
1
A person in relevant employment shall not continue in that employment if his employers are satisfied that he has not the health or physical capacity therefor.
2
For the purposes of this Regulation, where it appears to his employers that a person may no longer have the health or physical capacity for his employment–
a
they shall afford him an opportunity to submit medical evidence and make representations to them;
b
they shall consider such evidence and representations and any other medical evidence available to them, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it;
c
they may require him, or at his request shall arrange for him, to submit himself for examination by a duly qualified medical practitioner appointed by them and, if without good cause he fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, they may reach a conclusion in the matter on such evidence and information as is available to them, notwithstanding that further medical evidence may be desirable.
3
At any time before such medical examination as is referred to in paragraph (2)(c) the employers, or the person himself, may submit to the appointed medical practitioner a statement containing evidence or other matter relevant to the examination; and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.
Barring by the Secretary of State
10
1
The powers conferred on the Secretary of State by paragraph (2) shall only be exercisable–
a
on medical grounds;
b
on grounds of a person’s misconduct (whether or not evidenced by his conviction of a criminal offence), or
c
in relation only to employment as a teacher, on educational grounds.
2
On such grounds as aforesaid the Secretary of State may, subject to such qualifications (if any) as he may specify–
a
in the case of a person in relevant employment, direct his employers–
i
to suspend or terminate his employment, or
ii
to make his continued employment subject to specified conditions;
b
in the case of such a person in respect of whom a direction is given under sub-paragraph (a) or of a person not in relevant employment, direct that–
i
he be not subsequently appointed to or employed in relevant employment, or
ii
he be only subsequently so appointed or employed in relevant employment subject to specified conditions, including conditions relating to the employment in question.
3
In the case of a person in relevant employment, the Secretary of State shall not exercise his powers under paragraph (2) without first consulting his employers.
4
Where the Secretary of State is considering exercising his powers under paragraph (2) on medical grounds, sub-paragraphs (a), (b) and (c) of paragraph (2) and paragraph (3) of regulation 9 shall apply for the purposes of this regulation as if any reference therein to the employers were a reference to the Secretary of State.
5
Where the Secretary of State is considering exercising his powers under paragraph (2) on grounds of a person’s misconduct or on educational grounds–
a
he shall afford the person concerned an opportunity to make representations to him, and
b
he shall consider such representations and all other relevant information available to him.
6
A direction given under this regulation may be withdrawn or varied by a subsequent direction but, subject as aforesaid, the employers of persons in relevant employment shall comply with such a direction prohibiting or restricting a person’s employment or further employment.
Misconduct reports
11
Where a person is dismissed from relevant employment on grounds of his misconduct (whether or not he is convicted of a criminal offence) or his employers would have so dismissed him, or considered so dismissing him, but for his resignation, his employers shall report the facts of the case to the Secretary of State.
PART IV
PROVISIONS APPLYING ONLY TO SCHOOLS
Employment to which Part IV applies
12
This Part shall apply in relation to the employment of persons as teachers at schools.
Employment normally restricted to qualified teachers
13
Save in the cases and circumstances specified in Schedules 3 and 4, and subject to regulations 15, 16, 17 and 18 no person shall be employed as a teacher at a school unless he is a qualified teacher in accordance with Schedule 5; and references in this Part to a qualified or unqualified teacher shall be construed accordingly.
Probationary service of qualified teachers
14
The provisions of Schedule 6 relating to probation shall have effect in the case of such a qualified teacher as is mentioned in paragraph 2(1) of that Schedule.
Employment of teachers of hearing impaired pupils
15
Subject to regulations 17 and 18, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are hearing impaired (otherwise than to give instruction in a craft, trade or domestic subject) unless in addition to being a qualified teacher in accordance with Schedule 5, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
Employment of teachers of visually impaired pupils
16
Subject to regulations 17 and 18, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are visually impaired (otherwise than to give instruction in a craft, trade or domestic subject) unless in addition to being a qualified teacher in accordance with Schedule 5 he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
Employment of teachers of pupils who are both hearing and visually impaired
17
1
Subject to paragraph (2) and regulation 18, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are both hearing and visually impaired (otherwise than to give instruction in a craft, trade or domestic subject) unless, in addition to being a qualified teacher in accordance with Schedule 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.
2
A person who possesses a qualification approved under regulation 15 or 16 shall be a qualified teacher for the purpose mentioned in paragraph (1) notwithstanding that he does not possess a qualification approved for the purpose of that paragraph where the authority or other body are satisfied that no teacher with such a qualification is available to teach the class in question.
Temporary employment of teachers of the visually impaired or hearing impaired (or both)
18
A person may be employed at a special school as the teacher of a class of pupils who are–
a
hearing impaired,
b
visually impaired, or
c
both hearing impaired and visually impaired
notwithstanding that he is not a qualified teacher in accordance with regulation 15, 16 or 17(1), as the case may be, for the purpose of such employment if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under regulation 15, 16 or 17(1) as the case may be, provided however, that the aggregate period for which he has been employed, in one or more schools, as the teacher of such a class of pupils as are mentioned in sub-paragraph (a), (b) or (c), as the case may be, does not exceed three years.


text:
Citation and commencement
1
This Order may be cited as the Pensions (Miscellaneous Offices) (Preservation of Benefits) (Amendment) Order 1989 and shall come into force on 6th July 1989.
Interpretation
2
In this Order “the principal Order ” means the Pensions (Miscellaneous Offices) (Preservation of Benefits) Order 1977 .
Office-holder’s pension: qualifying service
3
In article 5(1) of the principal Order there shall be substituted for the word “five” the word “two”.
4
This Order shall have effect from 6th April 1988.
David Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 1989


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment (No. 2) Regulations 1989 and shall come into force on 31st July 1989.
Amendment of terms of service
2
1
Schedule 1 to the National Health Service (General Ophthalmic Services) Regulations 1986 (terms of service) is amended according to the following provisions of this regulation.
2
In paragraph 10 (testing of sight) —
a
for sub-paragraphs (1) to (3) there are substituted the following sub-paragraphs —
1
A contractor shall, having accepted pursuant to the regulations an application for the testing of sight, test the sight of a patient to determine whether the patient needs to wear or use an optical appliance, and on so doing shall fulfil any duty imposed on him by, or in Regulations made under, Section 20B of the Opticians Act 1958 .
2
Where a contractor is of the opinion that a patient whose sight he has tested pursuant to sub-paragraph (1) —
a
shows on examination signs of injury, disease or abnormality in the eye or elsewhere which may require medical treatment; or
b
is not likely to attain a satisfactory standard of vision notwithstanding the application of corrective lenses,
he shall so inform the patient’s doctor.
3
Where a contractor tests the sight of a patient diagnosed as suffering from diabetes or glaucoma he shall inform the patient’s doctor of the results of the test.
;
b
in sub-paragraph (4) for “issued pursuant to sub-paragraph (3)” there is substituted “for glasses issued following a testing of sight under general ophthalmic services”.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State
Department of Health
6th July 1989


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”),
b
along the routes described in Schedule 2 to this Order which connect the Trunk Road with other highways at the places therein stated (the highways along these routes being in this Order referred to as “the A1 slip roads”),
c
along the routes described in Schedule 3 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the said new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the said new trunk roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order:–
1
all measurements of distance are measured along the route of the relevant highways;
(2)
i
“the deposited plan”
means the plan numbered HA 10/CNE93, marked "The London–Edinburgh–Thurso Trunk Road (Bramham Moor to Grange Moor and Slip Roads) Order 1989.', signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the Trunk Road”
means the A1 London–Edinburgh–Thurso Trunk Road.
5
This Order shall come into force on 15th September 1989 and may be cited as the London–Edinburgh–Thurso Trunk Road (Bramham Moor to Grange Moor and Slip Roads) Order 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire & Humberside Region
Department of Transport
16th August 1989


text:
1
These Regulations may be cited as the Motorcycles (Sound Level Measurement Certificates) (Amendment) Regulations 1989 and shall come into force on 24th May 1989.
2
The Motorcycles (Sound Level Measurement Certificates) Regulations 1980 are hereby amended in accordance with the following provisions of these Regulations.
3
In paragraph (2) of regulation 4, after sub-paragraph (a) there shall be inserted–
aa
the vehicle is one of a type which complies with the harmonised requirements specified in the Council Directive, and
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th April 1989


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Access to Personal Files (Social Services) Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Access to Personal Files Act 1987;
“care” includes examination, investigation and diagnosis;
“dental practitioner” and “medical practitioner” mean, respectively, a person registered under the Dentists Act 1984 and the Medical Act 1983 ;
“health authority” has the same meaning as in section 128(1) of the National Health Service Act 1977 ; and “health professional” means any person listed in the Schedule to these Regulations.
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
4
These Regulations apply to England and Wales.
Right of access to personal information
2
1
Subject to regulations 3, 4, 8 and 9, a local social services authority shall be obliged —
a
to inform any individual whether the accessible personal information held by them includes personal information of which that individual is the subject, and (b) to give that individual access to any personal information of which he is the subject.
2
A local social services authority shall have complied with their obligation under paragraph (1)(b) if they supply the individual with a copy of any personal information of which he is the subject, but if the local social services authority give the individual access to that information by a means other than supplying him with a copy of it, they shall in addition be obliged to supply the individual with a copy of such of that information as he may require.
3
If —
a
a local social services authority supplies an individual with a copy of any personal information of which he is the subject, and (b) that information is expressed in terms which are not intelligible without explanation, the information shall be accompanied by an explanation of those terms.
Request for information
3
A local social services authority shall not be obliged under regulation 2 to inform an individual or to give access to any information, except in response to a request in writing and on payment of such fee (not exceeding £10) as they may require; but a request under both sub-paragraphs of regulation 2(1) shall be treated as a single request and a request to be informed under sub-paragraph (a) of regulation 2(1) shall, in the absence of any indication to the contrary, be treated as extending also to being given access to any personal information under sub-paragraph (b).
Further information required
4
A local social services authority shall not be obliged to comply with a request under regulation 3 unless they are supplied with such information as they may reasonably require in order to satisfy themselves as to the identity of the person making the request and to locate the information which he seeks.
Another individual involved
5
If any accessible personal information in respect of which a local social services authority have received a request under regulation 3 contains information relating to another individual who can be identified from that information (other than an individual to whom regulation 8(5)(b) or regulation 9(3)(a) applies), the local social services authority, within 14 days of receiving the request under regulation 3, or, if later, of receiving the information referred to in regulation 4, shall in writing inform that other individual of the request and that the accessible personal information contains information relating to him and ask that other individual whether he consents to the information relating to him being disclosed to the person making the request.
Time limit for complying with the request for information
6
A local social services authority shall comply with a request under regulation 3 within 40 days of receiving the request or, if later, receiving the information referred to in regulation 4 and, in a case where it is required, the consent asked for in accordance with regulation 5.
Information to which access is to be given
7
The information to which access is to be given pursuant to a request under regulation 3 shall be the information held at the time when the request is received except that it may take into account any amendment or deletion made between that time and the time when access is given being an amendment or deletion that would have been made regardless of the receipt of the request.
Exemption from access to personal health information from a health professional
8
1
This regulation applies to information as to the physical or mental health of an individual which —
a
`originated from, or was supplied to the local social services authority by or on behalf of, a health professional, or (b) the local social services authority believe to have originated from, or to have been supplied to them by or on behalf of, a health professional.
2
In this regulation “appropriate health professional” means —
a
the medical practitioner or dental practitioner who is currently or was most recently responsible for the clinical care of the individual the subject of the information in connection with the matters to which the information which is the subject of the request relates; or
b
where there is more than one such practitioner, the practitioner who is the most suitable to advise on the matters to which the information which is the subject of the request relates; or
c
where there is no practitioner available falling within sub-paragraph (a) or (b) above, a health professional who has the necessary experience and qualifications to advise on the matters to which the information which is the subject of the request relates.
3
Within 14 days of receiving a request under regulation 3, or, if later, receiving the information referred to in regulation 4, the local social services authority shall in writing inform of the request and that the accessible personal information contains information to which this regulation applies —
a
the health authority concerned, if the information to which this regulation applies originated from or was supplied by, or if the local social services authority believes it to have originated from or to have been supplied by a health professional in the course of his employment (whether under a contract of service or for services) with that health authority, and
b
in any other case, the person who appears to the local social services authority to be the appropriate health professional.
4
A local social services authority shall be exempted from the obligation imposed by regulation 2(1)(b) insofar as it relates to information to which this regulation applies, if before the end of the 40 day period provided for by regulation 6 the health authority referred to in paragraph (3)(a) or the appropriate health professional informs the local social services authority in writing that the information to which this regulation applies must not be disclosed because its disclosure —
a
would be likely to cause serious harm to the physical or mental health of the individual who is the subject of the information or any other person, or
b
would be likely to disclose to the individual who is the subject of the information the identity of another individual (who has not consented to the disclosure of the information) either as a person to whom the information or part of it relates or as the source of the information or enable that identity to be deduced by the individual who is the subject of the information either from the information itself or from a combination of that information and other information which the individual who is the subject of the information has or is likely to have.
5
If the health authority referred to in paragraph (3)(a) or the appropriate health professional informs the local social services authority in accordance with paragraph (4) that the information to which this regulation applies must not be disclosed, the obligation imposed by regulation 2(1)(b) shall nonetheless apply —
a
to so much of the information sought by the request as can be supplied without causing such serious harm, or enabling the identity of another individual to be disclosed or deduced, whether by the omission of names or other particulars or otherwise; and
b
if the only individual whose identity is likely to be disclosed or deduced as mentioned in paragraph (4)(b) is a health professional who has been involved in the care of the individual the subject of the information and the information relates to him or he supplied the information in his capacity as a health professional.
Exemptions from access to other information
9
1
As regards accessible personal information to which regulation 8 does not apply, a local social services authority shall be exempted from the obligation imposed by regulation 2(1)(b) if any of the conditions set out in paragraphs (2) to (7) is met.
2
The condition in this paragraph is that the carrying out of the social services functions of the local social services authority would be likely to be prejudiced by reason of the fact that serious harm to the physical or mental health or emotional condition of the individual who is the subject of the information or any other person would be likely to be caused; but the condition in this paragraph shall not apply to so much of the information sought by the request as can be supplied without causing such serious harm, whether by the omission of names or other particulars or otherwise.
3
The condition in this paragraph is that the identity of another individual (who has not consented to the disclosure of the information) either as a person to whom the information or part of it relates or as the source of the information, would be likely to be disclosed to or deduced by the individual the subject of the information or any other person who is likely to obtain access to it, either from the information itself or from a combination of that information and other information which the individual the subject of the information or such other person has, or is likely to have; but the condition in this paragraph shall not apply —
a
if the only individual whose identity would be likely to be disclosed or deduced is or has been employed by the local social services authority in connection with that authority’s social services functions or has provided for reward a service similar to a service provided by the local social services authority in the exercise of that authority’s social services functions and the information relates to him or he supplied the information in his official capacity, or as the case may be, in connection with the provision of that service, or (b) to so much of the information sought by the request as can be supplied without enabling the identity of another individual to be disclosed or deduced, whether by the omission of names or other particulars or otherwise.
4
The condition in this paragraph is that the information is held by the local social services authority for the purposes of —
a
the prevention or detection of crime, or
b
the apprehension or prosecution of offenders and the application of regulation 2(1)(b) to the information would be likely to prejudice either or both of the matters mentioned in sub-paragraphs (a) and (b) above.
5
The condition in this paragraph is that the information consists of a report given or to be given to the court by the local social services authority in the course of any proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 1988 apply where, in accordance with the provision of those Rules, the information may be withheld by the court in whole or in part from the individual who is the subject of the information.
6
The condition in this paragraph is that the information consists of information the disclosure of which is prohibited or restricted by —
a
sections 50 or 51 of the Adoption Act 1976 ,
b
regulation 11 of the Education (Special Educational Needs) Regulations 1983 ,
c
regulation 6 or 14 of the Adoption Agencies Regulations 1983 ,
d
rules 9, 21, 22 or 53 of the Adoption Rules 1984 , or
e
rules 9, 21, 22 or 32 of the Magistrates' Courts (Adoption) Rules 1984 .
7
The condition in this paragraph is that the information consists of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
Rectification and erasure of inaccurate information
1O
1
If an individual who is the subject of accessible personal information regards that information, or part of it, as inaccurate, he may by notice in writing require the local social services authority holding the information to rectify or erase the information which he regards as inaccurate.
2
A local social services authority shall not be obliged to take any action in response to a notice under paragraph (1) unless the notice —
a
supplies sufficient information for the local social services authority to locate the information regarded as inaccurate, (b) specifies in what respect the individual regards that information as inaccurate, and (c) specifies how the individual considers the local social services authority should rectify the information or what part of the information he considers the local social services authority should erase.
3
An individual who serves a notice under paragraph (1) shall be entitled to submit with the notice such written evidence of the inaccuracy of the information referred to in the notice as he considers appropriate.
4
If, following a notice under paragraph (1), a local social services authority are satisfied that the information specified in the notice is inaccurate, that local social services authority shall rectify or erase —
a
the inaccurate information, and (b) any information held by them containing an expression of opinion which appears to the local social services authority to be based on the inaccurate information.
5
If, following a notice under paragraph (1), the local social services authority are not satisfied that the information specified in the notice is inaccurate, the local social services authority shall place with the information regarded as inaccurate by the individual who served the notice, a written note that that individual regards that information as inaccurate.
6
If a local social services authority —
a
rectify any information under paragraph (4), or
b
place a written note with any information under paragraph (5), the local social services authority shall give the individual who is the subject of the information access to the rectified information or the written note, as the case may be, without the payment of any fee.
7
A local social services authority shall have complied with their obligation under paragraph (6) if they supply the individual with a copy of the rectified information or the note as the case may be, but if the local social services authority give the individual access to that rectified information or the written note by a means other than supplying him with a copy of it, they shall in addition be obliged to supply the individual with a copy of such of that rectified information or the written note as he may require.
Review of decisions
11
1
An individual who is the subject of information held by a local social services authority and who is aggrieved by any decision of that authority concerning his access to, or rectification or erasure of, that information, may within 28 days of his being notified of the decision require that decision to be reviewed by a committee of three members of that authority appointed for that purpose, not more than one of whom may be a member of the committee established under section 2(1) of the Local Authority Social Services Act 1970 .
2
An individual who under paragraph (1) has required the review of a decision may make representations to the members of the local social services authority appointed for the purposes of the review, in writing and, if he so wishes, orally before them.
K Clarke
One of Her Majesty’s Principal Secretaries of State
17th February 1989


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Estates of Deceased Persons and Inheritances and on Gifts) (Sweden) Order 1989.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Estates of Deceased Persons and Inheritances and on Gifts) (Sweden) Order 1981 , have been made with the Government of the Kingdom of Sweden, with a view to affording relief from double taxation in relation to capital transfer tax or inheritance tax and taxes of a similar character imposed by the laws of the Kingdom of Sweden; and
b
that it is expedient that those arrangements should have effect.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No.2) Regulations 1989 and shall come into force on 31st October 1989.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
3
1
The Table preceding regulation 12 shall be omitted.
2
In regulation 12 –
a
in paragraph 1(1), for the words “as indicated in the Table on page 12 ”there shall be substituted the words “and, subject to paragraph (1A) below, shall be in writing”; and
b
after paragraph (1) there shall be inserted the following paragraph –
1A
An application for a re-examination of a vehicle in Class VI under these Regulations need not be in writing if the application is made before the expiration of 28 days after the last examination.
.
4
1
Regulation 20 shall be amended as follows.
2
For sub-paragraph (a) of paragraph (2) there shall be substituted –
a
if the application is one to which regulation 12(1) applies (not being an application for an re-examination), at the time the application is made;
.
3
In paragraph(2)(b), for the words before sub-paragraph (i) there shall be substituted the words “if the application is one to which Regulation 12(2) applies or, in the case of an application for a re-examination, is one to which Regulation 12(1) and (1A) applies –”.
4
After paragraph (2) there shall be inserted the following paragraph –
2A
Where, in the case of a vehicle in Class VI, the date appointed for an examination is, at the request of the applicant, a Saturday, the fee payable for the examination shall be increased by £24.50 in the case of a vehicle which is constructed or adapted to carry more than 12 passengers, and £18.00 in any other case, such additional amount being payable on or before the date of the appointment.
.
5
For paragraph (4) there shall be substituted the following paragraph –
4
Where, on an examination of a vehicle of a description specified in column 1 of the Table, it is found that some or all of the prescribed statutory requirements are not complied with, or when in the circumstances mentioned in Regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination shall –
a
in a case where the date appointed for the further examination is, at the request of the applicant a Saturday, be as shown in column 3 of the Table in relation to a vehicle of that description, and
b
in any other case, be as shown in column 2 of the Table in relation to a vehicle of that description.
TABLE
FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI
Column 1 Column 2 Column 3 Description of vehicle Normal fee Saturday Fee
Vehicles in Class VI constructed or adapted to carry more than 12 passengers.
a
£17.75, if the vehicle is sumitted for a further exaination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
a
£30, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£36.25, in any other case.
b
£60.75 in any other case.
Other vehicles in Class VI
a
£12.50, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
a
£21.50, in the circustances described in paragraph (a) of the entry in column 2, or,
b
£25.25, in any other case.
b
£43.25, in any other case.
.
6
In paragraph (5B)(ii), for the words “the said fee” onwards there shall be substituted the words “the fee shall be reduced to £1.50 (the balance of any sum paid in respect of the fee being refundable)”.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
19th September 1989


text:
1
This Order may be cited as the Fishery Limits Act 1976 (Guernsey) Order 1989 and shall come into force on 1st February 1990.
2
Sections 2(2) to (7), 8 and 9 of and Schedules 3 and 4 to the Fishery Limits Act 1976 shall extend to the Bailiwick of Guernsey with the exceptions, adaptations and modifications specified in the Schedule to this Order.
G I de Deney
Clerk of the Privy Council 22nd September 1989


text:
Citation and commencement
1
This Order may be cited as the Rent Officers (Additional Functions) Order 1989 and shall come into force on 1st April 1989.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“determination” means a determination (including an interim and a further determination) in accordance with Schedule 1 to this Order;
“dwelling” has the same meaning as in the Social Security Act 1986 ;
“excluded tenancy” means a tenancy of a category listed in Schedule 2 to this Order;
“local authority” has the same meaning as it has in the Social Security Act 1986 in relation to England and Wales;
“occupier” means a person (whether or not identified by name) who is stated, in the application for a determination, to occupy the dwelling;
“rent” has the same meaning as in section 14 of the Housing Act 1988, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling;
“size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 3 to this Order;
“tenancy” includes “licence” and references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly.
2
In this Order any reference to a notice or application is to a notice or application in writing.
Additional Functions
3
1
Where, in connection with housing benefit and rent allowance subsidy, a local authority applies to a rent officer for determinations relating to a tenancy of a dwelling, the rent officer shall (subject to article 5) make the determinations and give notice in accordance with Schedule 1 to this Order.
2
If a rent officer needs further information in order to make a determination, he shall serve notice on the local authority requesting that information and until he receives it paragraph (1) shall not apply to the making of that determination.
4
If, within the period of 10 weeks beginning with the date on which the local authority was given notice of a determination, the local authority applies (in connection with housing benefit and rent allowance subsidy) to a rent officer for a re-determination, a rent officer shall (subject to article 5) make the re-determination and give notice in accordance with Schedule 4 to this Order and a rent officer whose advice is sought as provided for in that Schedule shall give that advice.
5
1
No determination or re-determination shall be made if the application for it is withdrawn or relates to an excluded tenancy.
2
No determination or re-determination shall be made under paragraph 1 of Schedule 1 (or that paragraph as applied by Schedule 4) if the tenancy is an assured tenancy or an assured agricultural occupancy and–
a
the rent payable under the tenancy on the date the application for the determination (or, as the case may be, re-determination) was received was an amount determined under section 22 of the Housing Act 1988, or
b
the rent so payable on that date was an amount determined under section 14 of that Act and that rent took effect within the period of 12 months ending with the date the application was received.
Nicholas Ridley
Secretary of State for the Environment
28th March 1989
Peter Walker
Secretary of State for Wales
23rd March 1989


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) Regulations 1989 and shall come into force on 1st December 1989.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Road Traffic Act 1988;
“continued ability and fitness test” means the test of continued ability and fitness to give instruction in the driving of motor cars referred to in section 125(5) of the Act and the nature of which is prescribed in regulation 8;
“driving ability and fitness test” means the practical test of ability and fitness to drive referred to in section 125(3)(a) of the Act and the nature of which is prescribed in regulation 5;
“examination” means the examination of ability to give instruction in the driving of motor cars referred to in section 125(3)(a) of the Act;
“examiner”, in relation to part of the examination or the continued ability and fitness test, means an officer of the Secretary of State appointed to conduct that part of the examination or that test;
“instructional ability and fitness test” means the practical test of ability and fitness to give instruction in the driving of motor cars referred to in section 125(3)(a) of the Act and the nature of which is prescribed in regulation 6 of these Regulations;
“licence” means a licence to give driving instruction granted under section 129 of the Act;
“the register” has the meaning given by section 123(1)(a) of the Act;
“the Registrar” means the officer of the Secretary of State by whom the register is, on behalf of the Secretary of State, compiled and maintained; and
“written examination” means the written examination referred to in section 125(3)(a) of the Act and the nature of which is prescribed in regulation 4 of these Regulations.
2
In these regulations a reference to a part of the examination is a reference to one of the 3 parts of the examination set out in regulation 3(2).
PART II
EXAMINATION OF ABILITY TO GIVE INSTRUCTION
General provisions
3
1
A person who desires to submit himself for any part of the examination shall supply the Registrar with such particulars as the Secretary of State may determine.
2
The examination shall consist of–
a
the written examination,
b
the driving ability and fitness test, and
c
the instructional ability and fitness test.
3
Where a person has passed the written examination (whether before or after these Regulations are made) he shall not be eligible to take it again during the following 2 years.
4
Subject to the provisions of this regulation, a person shall be regarded as having passed the examination only if the following conditions are fulfilled in his case–
a
he has passed the three parts of the examination in the order set out in paragraph (2) above;
b
he passed the driving ability and fitness test–
i
before 1st December 1989; or
ii
on his first or second attempt after the 30th November 1989; or
iii
on his first, second or third attempt after he had passed the written examination.
c
within two years after passing the written examination and having passed the driving ability and fitness test he made an application to take the instructional ability and fitness test;
d
he passed the instructional ability and fitness test–
i
before 1st December 1989; or
ii
on his first or second attempt after 30th November 1989; or
iii
on his first, second or third attempt after he had passed the written examination,
and on a date appointed by the Registrar in respect of an application made in accordance with sub-paragraph (c).
5
For the purposes of this regulation and regulation 9–
a
where a person has commenced the driving ability and fitness test or the instructional ability and fitness test and does not complete the test, the person shall be treated as having failed the test in question unless the Registrar is satisfied that the person had a reasonable excuse for not completing that test;
b
subject to sub-paragraph (c), a reference to the passing of the written examination or the driving ability and fitness test (including paragraph (4)(a)) shall, in relation to a person who has passed that examination or test (as the case may be) on more than one occasion, be read as a reference to the last of those occasions;
c
if a person takes the written examination on an occasion when he is not eligible to take it he shall not in any circumstances be regarded as having passed on that occasion.
6
For the purposes of this regulation a person shall be deemed to have made an application on the date that his application and the fee prescribed by these Regulations are received by the Registrar.
Written examination
4
The written examination shall consist of a theoretical examination, in which the candidate is required to answer from his own knowledge, on all or any of the following subjects–
a
the principles of road safety generally and their application in particular circumstances;
b
the techniques of driving a motor car correctly, courteously and safely, including control of the vehicle, road procedure, recognising hazards, taking proper action with respect to hazards, dealing properly with pedestrians and other road users and the use of safety equipment;
c
the tuition required to instruct a pupil on the matters set out in sub-paragraph (b), the correction of the pupil’s errors, the manner of the instructor, the relationship between instructor and pupil and simple vehicle adaptation for disabled drivers;
d
the theory of learning and the theory and practice of teaching and assessment;
e
the Highway Code and other matters in the booklet in which it is published;
f
the booklet “Your Driving Test” (D.L. 68) issued by the Secretary of State and published by HM Stationery Office;
g
the interpretation of the reasons for failure appended to the Statement of Failure to pass the test of competence prescribed by regulation 22(2) of the Motor Vehicles (Driving Licences) Regulations 1987 ;
h
knowledge, adequate to the needs of driving instruction, of the mechanism and design of a motor car; and
j
the book “Driving — The Department of Transport manual”, issued by the Department of Transport and published by HM Stationery Office.
Driving ability and fitness test
5
1
The driving ability and fitness test shall consist of tests of eyesight and driving technique and the candidate shall be required to reach the qualifying standard in both tests on the same occasion.
2
The test of eyesight shall be a test of the candidate’s ability to read in good daylight, a motor vehicle registration mark containing letters and figures 79.4 millimetres in height at a distance of 27.5 metres (with the aid of glasses or conact lenses if worn).
3
The test of driving technique shall be a test in which the candidate is required to satisfy the examiner that he has an adequate knowledge of the principles of good driving and road safety and that he can apply them in practice.
4
A candidate taking the test of driving technique shall in particular be required to satisfy the examiner on–
a
his expert handling of controls;
b
his use of correct road procedure;
c
his anticipation of the actions of other road users and taking of appropriate action;
d
his sound judgment of distance, speed and timing; and
e
his consideration for the convenience and safety of other road users.
5
The candidate taking the test of driving technique shall be required to demonstrate his ability to perform all or any of the following manoeuvres–
a
moving away straight ahead or at an angle;
b
overtaking, meeting or crossing the path of other vehicles and taking an appropriate course;
c
turning right hand and left hand corners;
d
stopping the vehicle as in an emergency;
e
driving the vehicle backwards and whilst so doing entering limited openings to the right and to the left; and
f
turning the vehicle around in the road to face in the opposite direction by the use of forward and reverse gears.
Instructional ability and fitness test
6
1
The instructional ability and fitness test shall be a test in which the candidate is required to demonstrate his knowledge and ability by giving practical driving instruction to an examiner as if the examiner were–
a
a novice or partly-trained pupil, and then
b
a pupil who is at about driving test standard.
2
The candidate shall, in respect of one or both of those levels as the examiner shall specify, instruct the examiner in such of the following subjects as the examiner shall specify as the basis of the instruction–
a
explaining the controls of the vehicle,
b
moving off,
c
making normal stops,
d
reversing, and while doing so entering limited openings to the right or to the left,
e
turning to face the opposite direction, using forward and reverse gears,
f
parking close to the kerb, using forward and reverse gears,
g
using mirrors and explaining how to make an emergency stop,
h
approaching and turning corners,
j
judging speed, and making normal progress,
k
road positioning,
l
dealing with road junctions,
m
dealing with cross roads,
n
dealing with pedestrian crossings,
o
meeting, crossing the path of, overtaking and allowing adequate clearance for, other vehicles and other road users, and
p
giving correct signals.
3
The candidate’s knowledge and ability shall be assessed on–
a
the method, clarity, adequacy and correctness of his instruction,
b
the observation and correction of the examiner’s driving errors, and
c
his manner generally.
Motor car to be provided for practical part of examination
7
1
A candidate for the driving ability and fitness test or the instructional ability and fitness test shall provide, at his own expense, a motor car for the purposes of that test, in respect of which the following conditions are satisfied.
2
The vehicle must have four wheels and be either–
a
constructed solely for the carriage of passengers and their effects and fitted with a rigid roof, with or without a sliding panel, or
b
a dual purpose vehicle as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 .
3
The vehicle must–
a
have a readily adjustable driving seat and a seat for a forward-facing front passenger,
b
have a steering wheel on its off-side,
c
be provided with a means whereby the driver may, independently of the use of the accelerator or the brakes, gradually vary the proportion of the power being produced by the engine which is transmitted to the road wheels; and
d
be otherwise suitable for the purposes of the test.
4
The vehicle must not, during the conduct of any driving ability and fitness test, carry the distinguishing mark referred to in regulation 9(1)(b) of the Motor Vehicles (Driving Licences) Regulations 1987 or anything resembling such a distinguishing mark.
5
In the case of a vehicle provided for the purposes of an instructional ability and fitness test, there must be in force in relation to the use of the vehicle a policy of insurance that–
a
complies with the requirements of section 145 of the Act in relation to candidate as driver of the vehicle,
b
complies with the requirements of that section in relation to the examiner as the driver of the vehicle as if the section applied to persons in the public service of the Crown, and
c
insures the examiner as driver of the vehicle in respect of liability for damage to the vehicle during the test,
and throughout the test there shall be displayed in a conspicuous manner on the front and on the back of the vehicle distinguishing marks in the form referred to in regulation 9(1)(b) of the Motor Vehicles (Driving Licences) Regulations 1987.
PART III
TEST OF CONTINUED ABILITY AND FITNESS TO GIVE INSTRUCTION
Nature of test and provision of a motor car
8
1
The following provisions shall have effect where a person is required to undergo the continued ability and fitness test.
2
The test shall consist of the attendance of the examiner, while the person is giving instruction to a pupil or pupils.
3
Unless the examiner otherwise directs, the test shall be carried out in a motor car on a road while the examiner is in the vehicle and a pupil is under instruction.
4
The candidate shall be assessed on his instructional ability, and, in particular, in respect of the following qualities–
a
his method, clarity, adequacy and correctness of instruction;
b
his observation and proper correction of the pupil’s errors;
c
his manner, patience and tact in dealing with the pupil; and
d
his ability to inspire confidence.
5
Where the test is to be conducted in a motor car, the person shall provide a motor car which is a passenger vehicle and which is suitable for such a test.
PART IV
LICENCES UNDER SECTION 129 OF THE ACT
Additional conditions to be satisfied for the grant of a licence
9
1
To the conditions as to which the Registrar is required to be satisfied for the grant of a licence under section 129 of the Act, there are added the following conditions which shall have effect subject to paragraph (3) below and to regulation 3(5).
2
The additional conditions are–
a
that the person has passed the driving ability and fitness test after passing the written examination;
b
that he passed the driving ability and fitness test–
i
before 1st December 1989; or
ii
on his first or second attempt after 30th November 1989; or
iii
on his first, second or third attempt after he had passed the written examination;
c
that he made the application within two years after passing the written examination;
d
that–
i
he has not failed the instructional ability and fitness test more than twice since he passed the written examination; or
ii
he has not failed the instructional ability and fitness test more than once since 30th November 1989.
3
A person shall be deemed to have made an application on the date that his application and the fee prescribed by these Regulations are received by the Registrar.
Duration of licences
10
Subject to sections 129(6) and 130 of the Act, a licence shall remain in force for a period of six months from the date of issue.
Conditions subject to which licences are granted
11
1
A licence shall be granted subject to the following conditions–
a
the holder may give instruction in the driving of a motor car only from the establishment identified in the licence; and
b
the holder may give instruction in the driving of a motor car only if, at the time he gives such instruction, the number of approved driving instructors for whom that establishment is their principal place of work as a driving instructor is not less than the number of persons who hold a licence in which that establishment is identified.
2
A licence, other than a licence which comes into force upon the expiry of a licence previously issued to the same person, shall also be subject to the following conditions–
a
the holder must, for at least one fifth of the total time he spends giving instruction during the first 3 months the licence is in force, receive direct supervision from an approved driving instructor;
b
the holder must maintain in respect of each working day during the first 3 months the licence is in force a record of the time he spends giving instruction in the driving of a motor car, giving the particulars set out in Part I of Schedule 1 to these Regulations, and
i
he must continue to maintain such a record when any records previously maintained by him are being retained by or on behalf of the Secretary of State after they have been delivered pursuant to sub-paragraph (d) below, but
ii
he need not maintain such a record after he has complied with sub-paragraph (e) below;
c
the record must be signed each day by the holder and by any approved driving instructor under whose direct personal supervision the holder has given instruction;
d
the holder must on request produce all records maintained by him under this regulation to an officer authorised by the Secretary of State or (if he so required) deliver them to him for retention; and
e
the holder must, deliver those records (other than any that have been delivered to an officer authorised by the Secretary of State pursuant to paragraph (d) and not returned) to the Registrar during the 7 day period which ends 3 months after the licence came into force.
3
A licence granted to a person to whom a licence has not previously been issued shall be subject to the following conditions, in addition to any conditions to which it is subject by virtue of paragraphs (1) and (2) above, that is to say–
a
the holder must, before the end of the period which ends 5 weeks after the licence comes into force, have received training in the giving of practical driving instruction including all the matters set out in Part II of Schedule 1 to these Regulations for periods amounting in the aggregate to not less than 40 hours; and
b
the holder must before the end of that 5 week period deliver to the Registrar, as evidence that he has received the training referred to in sub-paragraph (a), a statement–
i
giving the particulars set out in Part III of Schedule 1 to these Regulations,
ii
containing a declaration signed by the holder that the training has been received, and
iii
containing a declaration, signed by each person who has given the training, that he has given the training stated to have been given by him;
and any relevant training received by the holder not more than 12 months before the date that the licence comes into force shall count as training for the purposes of this paragraph.
Form of licences
12
A licence shall be in the form set out in, and contain the particulars required by, Schedule 2 to these Regulations.
PART V
SUPPLEMENTARY
Fees
13
The fee to be paid by a person who applies in respect of a matter mentioned in an item in column 2 of the Table below shall be the amount specified in that item in column 3 of that Table.
TABLE
(1) (2) (3) Item No. Matter in respect of which application is made
1 Submission to written examination £50 2 Submission to driving ability and fitness test £45 3 Submission to instructional ability and fitness test £45 4 Retention of name in the register £110 5 A licence £85 6 Entry to the register following the passing of the examination £110 7 Entry to the register without passing the examination by virtue of sections 125(7) or 126(3) of the Act. £110
Official title of registered person and certificate of registration
14
1
The official title for use by persons whose names are in the register shall be “Department of Transport Approved Driving Instructor”.
2
The certificate for issue to persons whose names are in the register as evidence of their names being therein shall be in the form set out in Schedule 3 to these Regulations.
Form of badge
15
The badge for use by persons whose names are in the register as evidence of their names being therein shall be in the form set out in Schedule 4 to these Regulations.
Exhibition of certificate of registration or licence
16
The certificate of registration or licence to give instruction shall be–
a
fixed to and immediately behind the front windscreen of the motor car on its nearside edge, and
b
exhibited so that the particulars on the back of the certificate or licence are clearly visible in daylight from outside the motor car and the particulars on the front of the certificate or licence are clearly visible from the front nearside seat of the vehicle, where fitted.
Revocations and transitional provisions
17
1
The Regulations specified in Part I of Schedule 5 to these Regulations are revoked.
2
Part II of Schedule 5 contains transitional provisions relating to applications for the entry of a person’s name in the register and for the grant of a licence made before 1st December 1989.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
8th November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Water Reorganisation (Pensions etc.) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
Amendment of Regulations
2
The Water Reorganisation (Pensions etc.) Regulations are amended–
1
by the omission from regulation 2 of the definition of“preserved” and of the word“and” immediately preceding that definition;
2
by the omission from paragraph (3) of regulation 4 of the words–“which is not a preserved pension”; and
3
by the substitution for regulation 5 of the following regulation–
5
1
Subject to paragraph (2), all liabilities of the Thames Water Authority to pay any pension to, or in respect of, a person who has at any time been an officer or servant of–
a
the Conservators of the River Thames; or
b
the Lee Conservancy Catchment Board,
being liabilities which would, but for the 1989 Act, fall to be discharged by that Authority on or after the transfer date, shall on that date become liabilities of the successor company to that authority.
2
Paragraph (1) shall not apply to any liability relating to the payment of a pension to, or in respect of, a person, who–
a
has at any time been an officer or servant of the Lee Conservancy Catchment Board; and
b
on the transfer date becomes an employee of the National Rivers Authority;
and any such liability shall become a liability of that Authority.
.
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State,
Department of the Environment
2nd August 1989
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
3rd August 1989


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment Order 1989, shall come into force on 9th June 1989.
2
In this Order, “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 .
3
In this Order, a reference to inserting an entry in a column in a Table of a Schedule to the principal Order shall be construed, in the case of an entry to be inserted in column 1, as a reference to inserting that entry at the appropriate point in the alphabetical order of the entries in column 1 of that Table and, in the case of an entry to be inserted, as the case may be, in column 2, 3 or 4 of that Table, as a reference to inserting that entry so as to appear against the column 1 entry against which it is listed in the Table set out in Schedule 1 or, as the case may be, Schedule 2 to this Order.
Amendment of Schedule 1 to the principal Order
2
1
Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of the principal Order) shall be amended in accordance with the following provisions of this article.
2
In Table A (internal or external use)–
a
there shall be inserted in column 1 and, as the case may be, columns 2, 3 and 4 those entries set out in columns 1, 2, 3 and 4 respectively of Schedule 1 to this Order; and
b
for the entry “(1) 600mg” in column 2 relating to the substance “Benzalkonium Chloride”, there shall be substituted the entry “(1) 600mcg”.
3
In Table B (external use only)–
a
there shall be inserted in column 1 and, as the case may be, columns 2 and 3, those entries set out in columns 1, 2 and 3 respectively of Schedule 2 to this Order; and
b
the entry “Turpentine Oil” in column 1 shall be deleted.
Amendment of Schedule 2 to the principal Order
3
In Table A of Schedule 2 to the principal Order (which specifies the class of medicinal products the subject of a product licence of right on general sale by virtue of article 2(b) of the principal Order) the entry “Danthron” in column 1 and the corresponding entry “50mg(MD)” in column 4 shall be deleted.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
22nd May 1989
Peter Walker
Secretary of State for Wales
23rd May 1989
Malcolm Rifkind
Secretary of State for Scotland
25th May 1989
In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th June 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this 22nd day of May 1989.
F. A. Elliott
Permanent Secretary
Sealed with the official seal of the Department of Agriculture for Northern Ireland this 22nd day of May 1989.
W. J. Hodges
Permanent Secretary


text:
Citation and commencement
1
This Order may be cited as the Water Reorganisation (Pensions etc.) (Designated Persons) Order 1989 and shall come into force on 1st September 1989.
Persons designated for the purposes of section 173(1)(b) of the Water Act 1989
2
1
The persons referred to in paragraph (2), who appear to the Secretaries of State to be persons whose activities at a time before the transfer date consisted in, or were connected with, the carrying out of functions which are transferred by the Water Act 1989 or which correspond to such functions or to other functions under that Act, are designated for the purposes of section 173(1)(b) of that Act (payments to pension funds in respect of former officers and employees of designated persons).
2
The persons mentioned in paragraph (1) are–
a
British Water International Limited;
b
Foundation for Water Research;
c
International Association on Water Pollution Research and Control;
d
International Water Supply Association;
e
The Water Authorities Association;
f
Water Research Centre (1989) plc; and
g
Water Training.
Signed by authority of the Secretary of State
Michael Howard
Minister for Water and Planning,
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule hereto shall become a trunk road as from the date when this order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that –
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the route is opened for the purposes of through traffic.
4
In this Order:–
1
all measurements of distance are measured along the route of the highway;
2
i
“the deposited plan” means the plan numbered HA10/1 CNW 258, marked “The Levens Bridge – Carlisle Trunk Road (A595 Hensingham Bypass) Order 1989.” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House,43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order.
5
This Order shall come into force on 1st September 1989 and may be cited as the Levens Bridge – Carlisle Trunk Road (A595 Hensingham Bypass) Order 1989.
Signed by authority of the Secretary of State Department of Transport
D. C. Renshaw
Regional Director North West Regio
9th August 1989


text:
1
1
These Regulations may be cited as the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) Regulations 1989 and shall come into force on 1st June 1989.
2
The Removal, Storage and Disposal of Vehicles (Charges) Regulations 1985 are hereby revoked.
2
1
In these Regulations “the Act of 1978 ” means the Refuse Disposal (Amenity) Act 1978 and “the Act of 1984” means the Road Traffic Regulation Act 1984.
2
For the purposes of the provisions of regulation 3 below relating to storage, each period of 24 hours therein referred to shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.
3
1
The prescribed sum for the purposes of section 4(5) of the Act of 1978 and section 101(4) of the Act of 1984 shall be:-
a
in respect of removal, £75; and
b
in respect of storage, £10 for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authority.
2
The prescribed sum for the purposes of section 4(6) of the Act of 1978 and section 101(5) of the Act of 1984 shall be:-
a
in respect of removal, £75;
b
in respect of storage, £10 for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authority;
c
in respect of disposal, £50.
3
The prescribed charge for the purposes of section 5(1)(a) of the Act of 1978 and section 102(2)(a) of the Act of 1984 shall, in respect of removal, be £75.
4
The prescribed scale by reference to which charges shall be ascertained in respect of storage for the purposes of section 5(1)(b) of the Act of 1978 and section 102(2)(b) of the Act of 1984 shall be £10 for each period of 24 hours or a part thereof during which the vehicle is in the custody of the chief officer of a police force or the authority as the case may be.
5
The prescribed manner for determining the charges recoverable in respect of disposal for the purposes of section 5(1)(c) of the Act of 1978 and section 102(2)(c) of the Act of 1984 shall be by reference to a single charge of £50.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd May 1989


text:
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (No. 3) Order 1989 and shall come into force on 9th December 1989.
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985:
a
Halifax Loans Limited
b
BNP Mortgages Limited.
Chris Patten
Secretary of State for the Environment
4th December 1989
Peter Walker
Secretary of State for Wales
4th December 1979
We consent,
John Taylor
Tom Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1989


text:
1
This Order may be cited as the Gipsy Encampments (District of Welwyn Hatfield) Order 1989 and shall come into force on 2nd May 1989.
2
The area of the District of Welwyn Hatfield is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
3rd April 1989


text:
1
This Order may be cited as the Public Telecommunication System Designation (CableVision Bedfordshire Limited) Order 1989 and shall come into force on 17th November 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary under Secretary of State
Department of Trade and Industry
17th October 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this order shall become a trunk road as from the date when this order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order:(1) all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”means the plan numbered HA10/1 CNW 267 marked“The Levens Bridge–Carlisle Trunk Road (A596 Wigton Bypass) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”means the highway mentioned in article 1 of this Order;
iii
“the trunk road”means the Levens Bridge–Carlisle Trunk Road (A596).
5
This Order shall come into force on 25th August 1989 and may be cited as the Levens Bridge–Carlisle Trunk Road (A596 Wigton Bypass) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
25th July 1989


text:
1
This Order may be cited as the Territorial Sea (Limits) Order 1989 and shall come into force on 6th April 1989.
2
The seaward limit of the territorial sea adjacent to the United Kingdom between Point 1 and Point 6 indicated in the Schedule to this Order shall consist of a series of straight lines joining, in the sequence given, Points 1 to 6 indicated in the Schedule to this Order.
3
The seaward limit of the territorial sea adjacent to the United Kingdom shall be the median line where the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured are less than 24 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the Isle of Man is measured.
4
In this Order–
a
“straight line” means a loxodromic line;
b
all positions given by means of co-ordinates are defined on European Datum (1st Adjustment 1950);
c
“median line” is a line every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea adjacent to the United Kingdom and the Isle of Man respectively is measured.
5
The Territorial Sea (Limits) Order 1987 is hereby revoked.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Calshot Oyster Fishery (Variation) Order 1989 and shall come into force on 8th March 1989.
Variation of the principal Order
2
The principal Order is hereby varied in accordance with the following provisions of this Order.
3
In article 3(1) (right of several fishery) for the words “for a period of seven years” there shall be substituted the words “for the period ending on 1 June 1995”, and for the words “18A Rumbridge Street, Totton, Hampshire SO4 4DP” there shall be substituted the words “Crampmoor Farm, Crampmoor Lane, Romsey, Hampshire SO1 9AJ”.
4
In article 6 (saving rights of the British Transport Docks Board) for the words “British Transport Docks Board” there shall be substituted the words “Associated British Ports”.
5
After article 4 there shall be inserted the following articles:–
Control of deposits
4A
The grantees shall not without the written consent of the Minister deposit or permit any other person to deposit within the limits of the fishery any oyster of the species Ostrea edulis and shall comply with any condition subject to which the Minister gives his consent to the deposit of any such oyster.
Taking of samples for the purpose of disease control
4B
The grantees shall permit any person authorised in that behalf by the Minister to do the following things for any purpose connected with preventing the spread of disease:–
a
at any reasonable time to obtain samples of any shellfish found within the fishery and, provided they have been marked, labelled or otherwise made capable of identification, to remove them from the fishery;
b
when the purpose for which any such sample was taken has been satisfied, to dispose of it as he may determine.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th February 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food