text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Haddock (Specified Sea Areas) (Prohibition of Fishing) Order 1989, shall come into force on 15th November 1989 and shall cease to have effect on 1st January 1990.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means the statistical sub-area or division of the International Council for the Exploration of the Sea described in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) of this article, fishing for haddock (Melanogrammus aeglefinus) –
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat;
is prohibited.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES IIa (Norwegian Sea) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat to which this Order applies the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
4
The Cod (Specified Sea Areas) (Prohibition of Fishing) ( No. 4) Order 1989 is revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th November 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
12th November 1989
Peter Walker
Secretary of State for Wales
13th November 1989
Peter Brooke
Secretary of State for Northern Ireland
12th November 1989


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Boards for Special Hospitals (Abolition) Order 1989 and shall come into force on 1st October 1989.
2
In this Order unless the context otherwise requires–
“the old boards” means the Rampton Hospital Board, the Broadmoor Hospital Board and the Moss Side and Park Lane Hospitals Board;
“the new Authority” means the Special Hospitals Service Authority established by the Special Hospitals Service Authority (Establishment and Constitution) Order 1989 .
Revocation of orders and abolition of old boards
2
The Rampton Hospital Board (Establishment and Constitution) Order 1986 , the Broadmoor Hospital Board (Establishment and Constitution) Order 1986 , the Moss Side and Park Lane Hospitals Board (Establishment and Constitution) Order 1986 and the Special Hospital Boards (Amendment of Constitution) Order 1987 are hereby revoked and the old boards shall cease to exist.
Enforceability of rights and liabilities
3
Any right which was enforceable by and any liability which was enforceable against any of the old boards shall be enforceable by or against the new Authority.
Winding up affairs of old boards
4
It shall be the duty of the new Authority to take such action as may be necessary for winding up the affairs of the old boards.
Accounts of the old boards
5
Where on 1st October 1989 any of the old boards has not performed in respect of any period before that date any duty imposed on it by section 98 of the National Health Service Act 1977 , it shall be the duty of the new Authority to perform that duty in accordance with that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
8th June 1989


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Oxfordshire that the new motorway is open for through traffic.
2
In this order: —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2 WMRO (L) VII marked “The A43 Oxford — Market Deeping Trunk Road (Weston-on-the-Green to South of Baynard’s Green) De-Trunking 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;
iii
“the trunk road” means the Oxford — Market Deeping Trunk Road (A43);
iv
“the new motorway” means the motorway to be provided by the Secretary of State in pursuance of the M40 London — Oxford — Birmengham Motorway (Umberslade to Warwich Section) and Connecting Roads Scheme 1976 , and the M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads ( No. 1) Scheme 1984 , (No. 2) Scheme 1985 and (Supplementary) Scheme 1985 .
3
This Order shall come into force on 18th December 1989 and may be cited as the A43 Oxford — Market Deeping Trunk Road (Weston-on-the-Green to South of Baynard’s Green) De-Trunking Order 1989.
D. R. Ritchie
Regional Director West Midland Region
Department of Transport
1st December 1989


text:
Citation and commencement
1
These Regulations, which may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1989, shall come into force on 1st January 1990.
Amendment of Regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
Regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 shall be amended as follows:–
a
in paragraph (1) (fee for registration of premises), for“£88” there shall be substituted“£97” and for“£45” there shall be substituted“£49”;
b
in paragraph (2) (retention fee), for“£56” there shall be substituted“£62” and for“£40” there shall be substituted“£44”; and
c
in paragraph (3) (additional sum by way of penalty), for“£100” there shall be substituted“£200” and for“£70” there shall be substituted“£140”.
Revocations
4
The Regulations specified in the Schedule to these Regulations are hereby revoked.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State,
Department of Health
25th October 1989
Peter Walker
Secretary of State for Wales
25th October 1989
Malcolm Rifkind
Secretary of State for Scotland
25th October 1989
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 30th day of October 1989.
F. A. Elliott
Permanent Secretary


text:
1
This Order may be cited as the Road Traffic Act 1988 (Appointed Day for Section 15) Order 1989.
2
The 21st June 1989 is the day appointed for the purposes of Schedule 5 to the Road Traffic (Consequential Provisions) Act 1988 in its application to the following provisions of the Road Traffic Act 1988 , namely –
a
section 15(3) so far as it relates to the power to make regulations,
b
sections 15(5) and (6) and 195(3) and (4).
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
20th June 1989


text:
1
These Regulations may be cited as the Copyright (Copying by Librarians and Archivists) (Amendment) Regulations 1989 and shall come into force on 1st August 1989.
2
The Copyright (Copying by Librarians and Archivists) Regulations 1989 are amended by substituting for the words“Copyright (Educational Establishments) Order 1989”, which appear in paragraph 4 of Part A of Schedule 1 thereto, the words“Copyright (Educational Establishments) ( No. 2) Order 1989” .
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
26th June 1989


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Cumbria that the new trunk road is open for through traffic.
2
In this Order:(1) all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”means the plan numbered HA10/1 CNW 268 marked“The Levens Bridge–Carlisle Trunk Road (A596 Wigton Bypass) (De-Trunking) 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;
iii
“the trunk road”means the Levens Bridge–Carlisle Trunk Road (A596);
iv
“the new trunk road”means the trunk road to be provided by the Secretary of State in pursuance of the Levens Bridge–Carlisle Trunk Road (A596 Wigton Bypass) Order 1989.
3
This Order shall come into force on 25th August 1989 and may be cited as the Levens Bridge–Carlisle Trunk Road (A596 Wigton Bypass) (Detrunking) 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 Family Law Reform Act 1987 (Commencement No. 2) Order 1989.
2
The provisions of the Family Law Reform Act 1987 set out in the first column of Schedule 1 to this Order shall come into force on 1st April 1989.
3
The transitional provisions in Schedule 2 to this Order shall have effect.
Mackay of Clashfern, C.
Dated 8th March 1989


text:
Title, commencement and extent
1
1
This Order may be cited as the Matrimonial and Family Proceedings (Northern Ireland Consequential Amendment) Order 1989.
2
This Order shall come into force on the day appointed under article 1(3) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 for the coming into operation of Part IV of that Order.
3
This Order extends to the whole of the United Kingdom.
Amendment of Maintenance Orders Act 1950
2
In section 16(2)(c) of the Maintenance Orders Act 1950 after sub-paragraph (viii) there shall be inserted the following sub-paragraph–
ix
Article 18 or 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;
.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Rate Limitation (Councils in England) (Prescribed Maximum) (Rates) Order 1989 and shall come into force on 28th February 1989.
Interpretation
2
In this Order –
“ the Act ” means the Rates Act 1984; and
“the maximum rate” means a maximum amount in the pound for the rate exclusive of any part of the rate mentioned in section 1(4) of the Act.
Prescription of maximum rates
3
There is hereby prescribed under section 1 of the Act, for the financial year beginning on 1st April 1989, as the maximum rate for an authority listed in the Schedule to this Order, the amount there set against the name of the authority.
Nicholas Ridley
Secretary of State for the Environment
22nd February 1989


text:
1
These Regulations may be cited as the Motor Fuel (Lead Content of Petrol) (Amendment) Regulations 1989 and shall come into force on 24th April 1989.
2
The Motor Fuel (Lead Content of Petrol) Regulations 1981 are hereby further amended in accordance with the following provisions of these Regulations.
3
In regulation 4(2), for sub-paragraph (a) there shall be substituted the following sub-paragraph–
a
if the petrol is leaded, it is tested by the method prescribed in the British Standard which is entitled “Method for determination of lead content of gasoline by the iodine monochloride method” and was published on 31st May 1988 under the number BS 5657: 1988 ( ISO 3830: 1981);
.
4
For regulation 7 (information as to the composition of petrol) there shall be substituted the following regulation–
7
Subject to regulation 8, every petrol pump in a petrol filling station which is used or intended to be used to deliver petrol shall be marked by the occupier of the filling station as follows–
a
in the case of leaded petrol, in accordance with the British Standard which is entitled “Specification for leaded petrol (gasoline) for motor vehicles” and was published on 31st May 1988 under the number BS 4040: 1988; and
b
in the case of unleaded petrol, in accordance with the British Standard which is entitled “Specification for unleaded petrol (gasoline) for motor vehicles” and was published on 31st May 1988 under the number BS 7070: 1988.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
22nd March 1989


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (River Lael and Allt Gleann a' Mhadaidh) Water Order 1989 and shall come into force on 3rd February 1989.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plan” means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked “The Highland Regional Council (River Lael and Allt Gleann a' Mhadaidh) Water Order 1989 Plan of Catchment Areas and Plans and Sections of Works”, one copy of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purpose of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain or in the case of existing works continue to maintain for the purpose of providing a supply of water when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
Revocation of Order of 1965
4
The County of Ross and Cromarty (River Lael Allt Gleann a' Mhadaidh) Water Order 1965 shall cease to have effect when water begins to be taken under Article 5 of this Order.
Water rights
5
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking take water from the River Lael by means of an intake (part of Work No. 2), and take water from the Allt Gleann a' Mhadaidh by means of an intake (part of Work No. 5) in the Ross and Cromarty District of the Highland Region.
6
1
During the construction of the works the Council may take from the said River Lael and Allt Gleann a' Mhadaidh such water as they may require for such construction.
2
After completion of the works the Council shall not —
a
take any water from the said River Lael so as to reduce the rate of flow of water therein below 550 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 2);
b
take any water from the said Allt Gleann a' Mhadaidh so as to reduce the rate of flow therein below 650 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 5);
c
in any one day take from the said River Lael and Allt Gleann a' Mhadaidh a combined quantity of water greater than 1400 cubic metres as measured through or over an approved gauge (part of Work No. 9).
7
If the power to take water conferred by this Order has not been exercised within 10 years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
8
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of the deposited plan.
Alasdair C Paton
Deputy Chief Engineer, Scottish Office
St Andrew’s House,
Edinburgh
27th January 1989


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Wine and Made-wine Regulations 1989 and shall come into force on 1st September 1989.
Revocation
2
The Wine and Made-wine Regulations 1979 are hereby revoked.
Application
3
These Regulations apply to wine and made-wine produced in the United Kingdom for sale.
Interpretation
4
In these Regulations –
“accounting period” means a calendar month or any period of 4 or, as the case may be, 5 weeks allowed by the Commissioners for the purpose of accounting for duty;
“ the Act ” means the Alcoholic Liquor Duties Act 1979;
“approved” means approved by the Commissioners;
“business day” means a day which is a business day within the meaning of the Bills of Exchange Act 1882 for the purposes of the General Account of the Commissioners of Customs and Excise at the Bank of England in London;
“cider” has the meaning given by section 1(6) , but subject to section 1(10) , of the Act;
“ the Collector ” means the Collector of Customs and Excise for the Collection in which the winery is situate;
“duty” means the duty of excise charged on wine or made-wine under sections 54(1) and 55(1) of the Act respectively;
“excise warehouse” has the meaning given by section 1(1) of the Customs and Excise Management Act 1979 ;
“licence” means a licence issued under section 54(2) or 55(2) of the Act, and “licensed” shall be construed accordingly;
“made-wine” has the meaning given by section 1(5) , but subject to section 1(10) of the Act;
“officer” means the proper officer of Customs and Excise;
“producer” means a producer of wine or of made-wine who is or is required to be licensed;
“sparkling” has the meaning given to it by paragraphs 1 and 2 of Schedule 1 to the Act;
“still wine” and “still made-wine” mean any wine or made-wine, as the case may be, which is not sparkling;
“strength” in relation to any liquor means its alcoholic strength computed in accordance with section 2 of the Act;
“wine” has the meaning given by section 1(4) of the Act;
“winery” means the premises, rooms, places and vessels entered by a licensed producer for use by him in his trade as a producer.
PART II
LICENSING
Application for a licence
5
1
Every person required to hold a licence shall make application to the Commissioners to be licensed in respect of his premises.
2
A separate application shall be made in respect of each of the premises on which the applicant produces or intends to produce wine or made-wine.
Licensing
6
1
The Commissioners may license the applicant in respect of each of the premises in respect of which application is made, and may issue a separate licence in respect of each of those premises.
2
The licence shall remain the property of the Commissioners.
Licences
7
1
Every licence shall be kept at all times on the premises to which it relates, and shall be produced for inspection to an officer on demand.
2
A producer shall notify the Commissioners of his intention to stop production of wine or of made-wine at any of his wineries.
3
A producer shall notify the Commissioners of the discontinuance of trade in wine or in made-wine at any of his wineries.
Cancellation of licence
8
1
Where the Commissioners are satisfied that a producer has ceased to trade at a winery, or that either wine or made-wine is not being produced on premises in respect of which he is licensed for that purpose, they may cancel the relevant licence at any time.
2
Without prejudice to paragraph (1) above, the Commissioners may, for reasonable cause, cancel the licence in respect of the premises of any producer, provided that the Commissioners shall give three months' notice in writing of such cancellation.
PART III
ENTRIES
Entries
9
A producer shall not begin to produce wine or made-wine on any premises in respect of which he is licensed until he has made entry of all rooms, places and vessels intended to be used by him thereon for that purpose.
Withdrawal of entry
10
Save as the Commissioners may otherwise allow, a producer shall not withdraw his entry in respect of a winery while there remains in any place specified therein any wine or made-wine on which duty has not been paid or remitted or any materials for making wine or made-wine.
PART IV
DETERMINATION OF DUTY AND THE RATES THEREOF
Charge to duty
11
1
Subject to regulations 12 and 13 below, wine or made-wine in a winery shall be charged with duty at the time it is sent out of that winery and at the rate in force at that time;
Provided that –
a
where any wine or made-wine is sent out to another winery in accordance with regulation 12(c)(i) below, that other winery shall be treated as being the winery in which the wine or made-wine was produced and the producer licensed in respect of that other winery shall be treated accordingly;
b
where any wine or made-wine is sent out of a winery at a strength not exceeding 1.2 per cent. the duty charged thereon shall be remitted.
2
Duty charged under paragraph (1) above shall be accounted for and paid in accordance with the provisions of regulation 23 below.
Removal without payment of duty
12
Subject to such conditions as the Commissioners may impose, including any condition that security shall be given to their satisfaction, a producer may send wine or made-wine chargeable with duty out from a winery without payment of the duty for any of the following purposes –
a
exportation, shipment as stores or removal to the Isle of Man;
b
deposit in an excise warehouse for –
i
mixing with spirits;
ii
exportation or shipment as stores or removal to the Isle of Man;
iii
use as ingredients of goods permitted to be produced in an excise warehouse and intended for exportation or shipment as stores or removal to the Isle of Man; or
iv
such other purposes as the Commissioners may allow;
c
removal, subject to the prior approval of the officer –
i
to another winery;
ii
to the premises of a vinegar maker for use in the production of vinegar; or
iii
in the case of made-wine only, to premises in respect of which any person is registered in accordance with section 62(2) of the Act as a maker of cider, for use as an ingredient in the making of cider on those premises;
d
such use as trade samples as the Commissioners may allow; or
e
such other purposes (except home use) as the Commissioners may allow.
Provided that if any wine or made-wine which has been sent out of a winery under the foregoing provisions of this regulation is applied to some purpose other than one therein mentioned, that wine or made-wine shall be charged with duty at the time it is so applied, and at the rate in force at that time; and the duty shall be paid in accordance with regulation 23(2) below.
Deficiencies and discontinuance of trade
13
Where either –
a
the business of producing wine or made-wine is discontinued at a winery having wine or made-wine therein; or
b
a licence held under regulation 6 above in respect of a winery having wine or made-wine therein is surrendered or cancelled; or
c
any wine or made-wine is found to be deficient or missing from a winery and the producer is unable to account for the deficiency to the Commissioners' satisfaction,
the duty on the wine or made-wine shall be charged at the time of discontinuance or at the time of the surrender or cancellation of the licence or at the time the deficiency occurred, as the case may be, and at the rate in force at that time; and the duty shall be paid in accordance with regulation 23(2) below.
Provided that where the time that any deficiency occurred cannot be established to the Commissioners' satisfaction, the rate of duty shall be taken to be the highest rate in force between the time of the latest stocktaking made under regulation 20 below before the discovery of the deficiency and the time of that discovery.
PART V
PRODUCTION, STORAGE AND REMOVAL
Production
14
Save as the Commissioners may otherwise allow –
a
wine or made-wine for the production of which a licence is not required may not be produced in a winery;
b
cider may not be produced in a winery.
Use
15
The Commissioners may allow the use in a winery of wine or made-wine in the preparation of, or as ingredients for, goods intended for exportation, shipment as stores or removal to the Isle of Man.
Examination and gauging of vessels
16
1
A producer shall, if so required by the Commissioners, place and fix every vessel in which wine or made-wine is produced or stored in a place convenient for examination, and with safe means of access so as to allow the contents to be accurately ascertained by gauge or measure; and shall not alter any such vessel in shape, position or capacity unless he has given forty-eight hours written notice to the officer.
2
All vessels required to be fixed by paragraph (1) of this regulation shall, if so required by the Commissioners, be gauged and calibrated to their satisfaction.
Storage
17
A producer shall keep stock entered for payment or for remission of duty under regulation 11(1)(b) above segregated from stock which has neither been entered for payment nor for remission of duty.
Removal by pipe-line
18
Save as approved by the Commissioners, a producer shall not send out wine or made-wine from a winery by pipe-line.
PART VI
RECORDS, ACCOUNTS AND PAYMENT OF DUTY
Entry book
19
1
Save as provided by paragraph (3) below, for every winery in respect of which he holds a licence a producer shall obtain from the officer an entry book in an approved form and shall –
a
keep the entry book in the winery at all times ready for inspection by an officer and permit him at any time to inspect it and to make notes therein or to take copies thereof or extracts therefrom; and
b
make entries in the entry book at such times and in such detail as specified therein or as otherwise directed by the officer.
2
No entry in the entry book shall be obliterated or, except with the permission of the officer, cancelled or altered.
3
Subject to prior approval by the Commissioners a producer may record the information required by paragraph (1) above in his business records, and this regulation and regulation 21 below shall apply to such records as they apply to entry books.
Stocktaking
20
1
Save as the Commissioners otherwise allow, a producer shall, twice in every year on approved dates, take stock of all wine and made-wine at each winery in respect of which he holds a licence, and shall deliver the returns of stock to the officer within twenty-eight days of the dates approved for the stocktaking.
2
The return of stock required by this regulation shall, in relation to still wine, sparkling wine, still made-wine and sparkling made-wine, deal separately with liquors of a strength not exceeding 1.2 per cent., of a strength exceeding 1.2 per cent. but not exceeding 5.5 per cent., and of a strength exceeding 5.5 per cent., and shall state in respect of each of those categories of liquor the following particulars –
a
the name and number of every entered vessel containing such liquors and the quantity therein;
b
the number of casks, cases or other containers and unpacked bottles of each size, and the separate quantities of liquors contained therein;
c
the total quantities of such liquors in stock; and
d
the details of any surplus, deficiency or other discrepancy revealed by the stocktaking.
Accounts
21
1
A producer shall, in addition to the entry book (or other records permitted under regulation 19(3) above), keep accounts of the quantities of all materials used in the winery in producing wine or made-wine.
2
A producer shall –
a
in respect of wine and made-wine of a strength not exceeding 1.2 per cent.;
b
in respect of wine and made-wine of a strength exceeding 1.2 per cent. but not exceeding 5.5 per cent.; and
c
in respect of wine and made-wine of a strength exceeding 5.5 per cent.;
keep account of the quantities produced in, rendered sparkling in, received at, returned to, and removed from, the winery.
3
A producer shall at any reasonable time permit an officer to inspect, make entries in, copy and take extracts from any records relating to his business as a producer which the officer may require to inspect.
4
Save as the Commissioners otherwise allow, a producer shall preserve and keep at the winery all books (or other records approved under regulation 19(3) above), accounts and other documents relating to his business as a producer at that winery for not less than two years from the date of the last entry therein.
Security
22
Every producer shall furnish such security for payment of duty as the Commissioners require.
Furnishing of returns and payment of duty
23
1
Save as the Commissioners otherwise allow, every licensed producer shall–
a
not later than the fifteenth day of every accounting period furnish to the Collector, or to such other person as the Commissioners may direct, a return in approved form of all wine and made-wine sent out from his winery for home use during the preceding accounting period and of the duty charged thereon;
b
not later than the fifteenth day of the accounting period following that in which the charge to duty was incurred, pay to the Collector or such other person as aforesaid the amount due.
Provided that where the last day for furnishing a return and making a payment would, if determined in accordance with the foregoing provisions of this paragraph, fall on a day which is not a business day the return shall be furnished and payment shall be made not later than the last business day before that date.
2
Any duty charged under the proviso to regulation 12 above, or under regulation 13 above, shall be paid by the producer of the wine or made-wine to the Collector or to such other person as the Commissioners may direct, within seven days of that duty being demanded by the proper officer.
PART VII
RELIEF FROM DUTY
Grower’s domestic consumption relief
24
1
Wine and made-wine produced from ingredients grown in the United Kingdom may be sent out from a winery without payment of duty for the domestic consumption of the grower of the ingredients in such quantity as the Commissioners may on application from him allow.
2
In this regulation, “grower” includes bee-keeper and “grown” shall be construed accordingly.
Conditions for relief from duty on spoilt wine and made-wine
25
Remission or repayment of duty under section 61(1) of the Act in respect of wine or made-wine which has accidentally become spoilt or unfit for use shall be subject to the conditions that –
a
the wine or made-wine has not been subjected to any process of production or dilution since it was sent out from the winery; and
b
the producer has complied with the requirements of regulation 26 below.
Claim for relief on spoilt wine and made-wine
26
A producer claiming remission or repayment of duty in respect of wine or made-wine which has been sent out or removed from his winery and which has accidentally become spoilt or otherwise unfit for use shall –
a
notify the officer immediately any such wine or made-wine has been returned to the winery;
b
retain such wine or made-wine in the vessels in which it was returned to the winery, and without making any addition thereto, for a period of forty-eight hours after its return or until such earlier time as the officer authorises the disposal or other processing thereof;
c
make his claim for relief in writing; and
d
provide the officer with proof that the duty which was due on the wine or made-wine when it was sent out or removed from the winery was paid, and with such other particulars as are necessary to substantiate the claim.
P.G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
3rd August 1989


text:
PART I
Citation, commencement and interpretation
1
1
This Order may be cited as the South Yorkshire Residuary Body (Winding Up) Order 1989 and shall come into force on 29th June 1989.
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 South Yorkshire County Council;
“ the county ” means the county of South Yorkshire;
“expenditure” in relation to Rotherham 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;
“the Pensions Authority ” means the South Yorkshire Pensions Authority;
“property”, except in article 10, does not include cash or the balance of any fund or account;
“the Residuary Body ” means the South Yorkshire Residuary Body;
“Rotherham” means the council of the metropolitan borough of Rotherham; and
“the transfer date” means 30th June 1989.
3
For the purpose 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
TRANSFER OF PROPERTY, FUNCTIONS, RIGHTS AND LIABILITIES
Transfer of property, etc.
2
1
on the transfer date–
a
any immovable property of the Residuary Body which is the subject of an agreement for its disposal or option for its purchase, and any interest of the Residuary Body in any mortgage, shall vest in Rotherham; and
b
all other property of the Residuary Body (whether movable or immovable) shall vest in the local council.
2
All rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, property transferred by paragraph (1) shall vest in the council to which it is so transferred.
3
In each financial year commencing with the financial year beginning 1st April 1989 Rotherham shall pay to each of the other local councils the appropriate proportion of an amount equal to Rotherham’s net revenue receipts from any property or interest vested by paragraph (1)(a), and net capital receipts from the repayment of principal in respect of any interest so vested or the disposal of any such interest or of any property so vested.
4
In the preceding paragraph, “net revenue receipts” means revenue receipts in the year in question after deducting the aggregate amount of expenditure incurred by Rotherham in that year in connection with property vested by paragraph (1)(a); and “net capital receipts” means capital receipts in the year in question after deducting any amount by which net revenue receipts are a negative amount.
5
The balance of the net capital and revenue receipts shall be retained by Rotherham.
Transfer of monies
3
1
Immediately before the transfer date the Residuary Body shall set aside from their revenue balances the sum of £1 million (“the special fund”), to meet their expenditure between the transfer date and 31st July 1989.
2
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 special fund) shall vest in Rotherham.
3
On or before 31st March 1990 Rotherham shall pay to each of the other local councils the appropriate capital and appropriate revenue sums as defined in paragraph (4).
4
In paragraph (3)–
“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.
5
The amounts reflecting the difference between the amounts vested by paragraph (2) and the amounts which fall to be paid to other local councils by paragraph (3) shall be retained by Rotherham as their share of the vested amounts.
6
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, the Pensions Authority.
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 vest in the Pensions Authority.
3
All the functions of the Residuary Body under the Pensions (Increase) Act 1971 and any matter 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, the Pensions Authority.
4
Regulation 3(3) of the Regulations mentioned in paragraph (2) above shall apply to the exercise by the Pensions Authority of any discretionary function transferred by paragraph (1) as if references to the appropriate residuary body were references to that Authority.
5
Article 6(3) of the Local Government Reorganisation (Pensions etc.) (South Yorkshire) Order 1987 (“the Pensions Order”) shall have effect as if, after the words “this Order”, there were inserted the words “or the South Yorkshire Residuary Body (Winding Up) Order 1989”.
6
Article 4 of the Pensions Order applies in relation to the net expenditure of the Pensions Authority attributable to the transfer by this article and articles 6(1)(a) and 10(2)(a) of functions, rights and liabilities as it applies to the Authority’s other net expenditure.
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 30 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 Rotherham.
Transfer of rights and liabilities
6
1
Subject to the preceding provisions of this Order, on the transfer date–
a
all rights and liabilities of the Residuary Body relating to any function which by virtue of this Order becomes a function of the Pensions Authority shall vest in that Authority; and
b
all remaining rights and liabilities of the Residuary Body shall vest in Rotherham; to be held for the benefit of, or discharged on behalf of, all the local councils.
2
Liabilities in respect of money borrowed by the Residuary Body (both as respects principal and interest) transferred by paragraph (1)(b) shall be charged on the revenues of Rotherham.
Consequential financial provisions
7
1
Any net capital receipts paid to a local council pursuant to article 2(3) and the balance of net capital receipts retained by Rotherham pursuant to article 2(5) 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(3) or retained by Rotherham pursuant to article 3(5) 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 Rotherham in respect of the disposal of assets vested in that council by article 2(1)(a) of this Order shall not be capital receipts for the purposes of Part VIII of the 1980 Act.
8
Any net capital receipts or appropriate capital sums paid to a local council pursuant to article 2(3) or 3(3), and the balance of net capital receipts and the appropriate capital sum retained by Rotherham pursuant to articles 2(5) and 3(5), 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
9
1
On or before 31st October in any financial year beginning with the financial year commencing 1st April 1989, Rotherham 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(3) or an appropriate capital sum under article 3(3) 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(3) or of an appropriate capital sum in pursuance of article 3(3) Rotherham shall notify the council 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 Schedule 1 to the Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987 .
4
When Rotherham send a notification under paragraph (1) or (2) to another council they shall send a copy to the Secretary of State and in the case of a notification under paragraph (2) advise the Secretary of State of the amount paid to that council.
5
Rotherham shall–
a
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
notify the Secretary of State when they retain any amount following a distribution of capital monies under paragraph (2) 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
10
1
In relation to the year beginning 1st April 1989, paragraph 10(1) of Schedule 13 to the 1985 Act shall have effect as if it referred to a report for a period between that date and 31st July 1989.
2
On 31st July 1989 the Residuary Body shall be wound up and on that date–
a
any functions, rights and liabilities in relation to any contract of employment with the Residuary Body shall become functions, rights and liabilities of the Pensions Authority; and
b
any remaining functions, property, rights and liabilities shall vest in Rotherham 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
11
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 31st July 1989 by the Residuary Body shall be discharged by Rotherham.
PART IV
MISCELLANEOUS AND GENERAL
Apportionment
12
1
All money transferred to or sums realised by Rotherham by or in pursuance of the transfer by article 6 or 10 of this Order of any property or rights shall after deduction of any relevant expenditure be apportioned among the local councils; and Rotherham 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 local 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, to the extent that it is not met from the aggregate, be apportioned among the local councils; and the appropriate proportion shall be recoverable by Rotherham from each of the other 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
13
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 the Pensions Authority or Rotherham shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to that Authority or that council.
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
14
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
15
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 the Pensions Authority, a reference to the proper officer of that Authority; or
b
in any other case, a reference to the proper officer of Rotherham,
and as if any specified action had been taken by that Authority or Rotherham, as the case may be.
Nicholas Ridley
Secretary of State for the Environment
9th May 1989


text:
Citation and commencement
1
1
This Order may be cited as the Berkshire, Dorset and Wiltshire (County Boundaries) Order 1989.
2
This Order shall come into force on 14th August 1989 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1990.
Interpretation
2
In this Order “boundary map” means one of the 4 maps prepared by the Department of the Environment, marked “Maps of the Berkshire, Dorset and Wiltshire (County Boundaries) Order 1989”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Wiltshire to Berkshire
3
1
The part of the county of Wiltshire, the district of Kennet and the parish of Shalbourne marked A9 on boundary map 3 shall be transferred to–
a
the county of Berkshire and the Hungerford electoral division of that county;
b
the district of Newbury and the Hungerford ward of that district;
c
the parish of Hungerford;
d
the West Berkshire petty sessional division;
e
the West Berkshire Coroner’s district.
2
The parts of the county of Wiltshire, the district of Kennet and the parish of Baydon marked A1 and A3 on boundary map 1 shall be transferred to–
a
the county of Berkshire and the Lambourn Valley electoral division of that county;
b
the district of Newbury and the Lambourn Valley ward of that district;
c
the parish of Lambourn;
d
the West Berkshire petty sessional division;
e
the West Berkshire Coroner’s district.
3
The part of the county of Wiltshire, the district of Kennet and the parish of Ramsbury marked A5 on boundary map 1 shall be transferred to–
a
the county of Berkshire and the Lambourn Valley electoral division of that county;
b
the district of Newbury and the Lambourn Valley ward of that district;
c
the parish of Lambourn;
d
the West Berkshire petty sessional division;
e
the West Berkshire Coroner’s district.
Transfers from Wiltshire to Dorset
4
1
The part of the county of Wiltshire, the district of Salisbury and the parish of Sedgehill and Semley marked A7 on boundary map 2 shall be transferred to–
a
the county of Dorset and the Shaftesbury electoral division of that county;
b
the district of North Dorset and the Motcombe ward of that district;
c
the parish of Motcombe and the Village ward of that parish;
d
the Shaftesbury petty sessional division;
e
the Dorset (Western) Coroner’s district.
2
The part of the county of Wiltshire, the district of Salisbury and the parish of Donhead St Mary marked A11 on boundary map 4 shall be transferred to–
a
the county of Dorset and the Shaftesbury electoral division of that county;
b
the district of North Dorset and the Shaftesbury Grosvenor ward of that district;
c
the parish of Shaftesbury and the Grosvenor ward of that parish;
d
the Shaftesbury petty sessional division;
e
the Dorset (Western) Coroner’s district.
Transfers from Berkshire to Wiltshire
5
1
The part of the county of Berkshire, the district of Newbury and the parish of Lambourn marked A2 on boundary map 1 shall be transferred to–
a
the county of Wiltshire and the Aldbourne and Ramsbury electoral division of that county;
b
the district of Kennet and the Aldbourne ward of that district;
c
the parish of Baydon;
d
the Marlborough petty sessional division;
e
the Wiltshire Coroner’s district.
2
The part of the county of Berkshire, the district of Newbury and the parish of Lambourn marked A4 on boundary map 1 shall be transferred to–
a
the county of Wiltshire and the Aldbourne and Ramsbury electoral division of that county;
b
the district of Kennet and the Ramsbury ward of that district;
c
the parish of Ramsbury;
d
the Marlborough petty sessional division;
e
the Wiltshire Coroner’s district.
3
The parts of the county of Berkshire, the district of Newbury and the parish of Hungerford marked A8 and A10 on boundary map 3 shall be transferred to–
a
the county of Wiltshire and the Bedwyn electoral division of that county;
b
the district of Kennet and the Shalbourne ward of that district;
c
the parish of Shalbourne;
d
the Marlborough petty sessional division;
e
the Wiltshire Coroner’s district.
Transfers from Dorset to Wiltshire
6
1
The part of the county of Dorset, the district of North Dorset and the parish of Shaftesbury marked A12 on boundary map 4 shall be transferred to–
a
the county of Wiltshire and the Tisbury electoral division of that county;
b
the district of Salisbury and the Donhead ward of that district;
c
the parish of Donhead St Mary;
d
the Tisbury and Mere petty sessional division;
e
the Wiltshire Coroner’s district.
2
The part of the county of Dorset, the district of North Dorset and the parish of Motcombe marked A6 on boundary map 2 shall be transferred to–
a
the county of Wiltshire and the Mere electoral division of that county;
b
the district of Salisbury and the Knoyle ward of that district;
c
the parish of Sedgehill and Semley;
d
the Tisbury and Mere petty sessional division;
e
the Wiltshire Coroner’s district.
Town and country planning
7
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan made or adopted by a county or district council which apply immediately before 1st April 1990 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by Authority of the Secretary of State
Virginia Bottomley
Parliamentary Under Secretary of State
Department of the Environment
14th July 1989


text:
Title, commencement and extent
1
This Order may be cited as the Welfare of Poultry (Transport) (Amendment) Order 1989, shall apply to Great Britain, and shall come into force on 3rd February 1989.
Amendment
2
Article 6 of the Welfare of Poultry (Transport) Order 1988 (protection of poultry during loading, unloading and transport) shall be amended as follows–
a
at the beginning of paragraph (3)(g) there shall be inserted the words “subject to paragraph (3A) below,”; and
b
after paragraph (3) there shall be inserted the following paragraph–
3A
The provisions of paragraph (3)(g) above shall not apply in the case of–
a
ducks which are lifted or carried by the neck; or
b
geese which are lifted or carried by the base of both wings.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th January 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
13th January 1989
Peter Walker
Secretary of State for Wales
11th January 1989


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Lord Chancellor’s Salary Order 1989.
2
This Order shall come into force on the day on which it is made.
3
The Lord Chancellor’s Salary Order 1988 is hereby revoked.
Increase of Lord Chancellor’s salary
2
For the amount specified in subsection (2) of section 1 of the Ministerial and other Salaries Act 1975 as the aggregate annual amount of the salary payable to the Lord Chancellor under that subsection and the salary payable to him as Speaker of the House of Lords there shall be substituted £91,500.
G. I. de Deney
Clerk of the Privy Council


text:
Application, citation and commencement
1
1
This Order shall apply to the Central Manchester urban development area.
2
This Order may be cited as the Town and Country Planning (Central Manchester Urban Development Area) Special Development Order 1989 and shall come into force on 27th December 1989.
Interpretation
2
In this Order, unless the context otherwise requires–
“the 1971 Act ” means the Town and Country Planning Act 1971;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Central Manchester Development Corporation (Area and Constitution) Order 1988 ;
“the development corporation” means the Central Manchester Development Corporation;
“the General Development Order ” means the Town and Country Planning General Development Order 1988 ; and expressions used in this Order shall have the meaning which they bear in the General Development Order; and
“new street” has the same meaning as in Part X of the Highways Act 1980 .
Permitted development
3
Subject to the following provisions of this Order development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject–
a
to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;
b
where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading and unloading, provision for the storage of vehicles and containers and the storage of materials in the open and the landscaping of the site; and
c
where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.
Exception where section 45 order previously made
4
Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5
Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6
1
The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the Manchester City Council, except where that council have advised the development corporation that they do not wish to be consulted.
2
The development corporation shall, before beginning any development permitted by this Order which, in its opinion, falls within a category set out in the Schedule hereto, or granting any approval required by article 3(b) or (c) of this Order in relation to such development, consult the authority, person or body mentioned in relation to that category, except where the authority, person or body so mentioned has advised the development corporation that they do not wish to be consulted.
3
Where this Order requires the development corporation to consult any authority or other person or body, the corporation shall–
a
give to that authority or other person or body not less than 14 days notice of the proposed development together with particulars sufficient to identify the site and describe the development and, where the consultation relates to an approval required by article 3(b) or (c) of this Order, particulars of the proposed approval;
b
not begin to carry out the development or grant the proposed approval until the expiration of the period of such notice; and
c
take into account any objections or other representations received from such authority, person or body.
4
Where any objection or representation has been made by an authority or other person or body consulted as aforesaid and has not been withdrawn, the development corporation shall send particulars of the proposed development and, where applicable, of the proposed approval under article 3(b) or (c) of this Order, and of the objection or representation to the Secretary of State in writing, and shall not begin the development or grant any such approval until the Secretary of State has notified the corporation that he does not intend to give a direction under article 7 of this Order in respect of the development.
Directions restricting development permitted by this Order
7
1
If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, he may direct that the permission granted by that article shall not apply to that development.
2
Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the corporation on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.
Chris Patten
Secretary of State for the Environment
24th November 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations, unless the context otherwise requires–
a
“ the Act ” means the National Health Service Act 1977;
“basic type” means, in relation to a dental appliance, a type no more expensive than that which is clinically necessary for such a reasonable standard of dental efficiency and oral health as is necessary to safeguard general health;
“the Board” means the Dental Practice Board constituted under section 37 of the Act ;
“bridge” means a fixed or a removable bridge which takes the place of any teeth;
“dental estimate form” has the same meaning as in the National Health Service (General Dental Services) Regulations 1973 ;
“denture” does not include an obturator;
“patient” includes a person who pays or undertakes to pay a charge on behalf of a person to whom a dental appliance is supplied or to whom some other service is provided;
“Statement of Dental Remuneration” means the Statement published under regulation 23 of the National Health Service (General Dental Services) Regulations 1973;
“Statement remuneration” has the meaning assigned to it by regulation 4(2) and (3);
“supply”, in relation to an appliance, includes its replacement;
b
a reference to the Secretary of State includes a reference to a health authority exercising functions on his behalf ;
c
a reference to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number and a reference in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Charges for supply of dental appliances
2
1
Subject to paragraph 2(3), (4) and (8) of Schedule 12 to the Act (which provides for circumstances in which no charge may be made) and to paragraph (2), a charge of the amount provided for by regulation 4 may be made and recovered under section 78(1A) of the Act in accordance with these Regulations in respect of the supply under the Act of dentures and bridges.
2
No charge shall be made and recovered under section 78(1A) of the Act in respect of–
a
a supply, otherwise than as part of general dental services, to a person who has undergone operative procedures affecting the mandible, the maxilla or the soft tissues of the mouth as part of treatment for invasive tumours; or
b
a supply as part of general dental services for which a charge may be made under regulation 8(2).
Charges for other general dental services
3
1
Subject to section 79(1)(b) and (c) of, and paragraph 3(4) of Schedule 12 to, the Act (which provide for circumstances in which no charge may be made) and to paragraph (2), the amount of the charge which may be made and recovered under section 79(1) of the Act in respect of services provided as part of general dental services is that provided for by regulation 4.
2
No charge shall be made and recovered under section 79(1) of the Act in respect of–
a
the supply of a dental appliance described in regulation 2(1);
b
a visit by a dental practitioner to a patient;
c
the opening by a dental practitioner of his surgery outside his normal opening hours in order to provide emergency treatment; or
d
the attendance at the surgery of a dental practitioner providing emergency treatment of a medical practitioner or of another dental practitioner, specifically with a view to the administration of a general anaesthetic in connection with emergency treatment.
Calculation of charges
4
1
Subject to paragraphs (4) and (5), the amount of the charge which may be made and recovered–
a
under section 78(1A) of the Act for the supply of an appliance described in regulation 2(1);
b
under section 79(1) of the Act for the provision of services other than those described in regulation 3(2),
is 75% of the Statement remuneration (rounded down, where necessary, to the nearest whole penny), being an amount not exceeding that which the Secretary of State considers to be the cost to the health service (within the meaning of section 79A(5) of the Act) of the supply or provision.
2
In these Regulations “Statement remuneration” means–
a
in relation to the supply (whether or not as part of general dental services) of an appliance described in regulation 2(1), the remuneration provided for by the Statement of Dental Remuneration as that payable to a dental practitioner for the supply of an appliance of that type;
b
in relation to other services provided in pursuance of a contract or arrangement for the provision of general dental services, the total amount provided for by that Statement as that payable to the dental practitioner for the provision of those services under that contract or arrangement.
3
For the purposes of paragraph (2), where the Statement remuneration for any service is a fee of such amount as the Board may in its discretion approve, whether or not subject to a maximum, the amount is–
a
if the Board has approved a fee for the service, the amount of the fee so approved, notwithstanding any subsequent variation of that amount on appeal ;
b
if the Board has refused to approve a fee for the service, the amount of any fee authorised for it on appeal.
4
Where a dental practitioner–
a
has, under a contract or arrangement for the provision of general dental services, begun to provide for a patient services which include the supply of an appliance described in regulation 2(1); and
b
has referred that patient, for the supply of that appliance otherwise than as part of general dental services, to a health authority or to a person or body pursuant to arrangements made under section 23 of the Act,
the amount of the charge for that supply shall be calculated in accordance with Schedule 1, and the dental practitioner shall provide the health authority or other person or body with a written statement of the amounts mentioned in sub-paragraphs (a) and (b) of paragraph 1 of that Schedule.
5
The amount of the charges payable under sections 78 and 79 of the Act in respect of all dental appliances supplied and other services provided in pursuance of any one contract or arrangement for the provision of general dental services shall not exceed £150 in the aggregate; and £150 is the sum prescribed for the purposes of paragraph 3(3) of Schedule 12 to the Act.
Conditions for exemption under the Act
5
1
It is a condition of the exemption under sub-paragraph (4) of paragraph 2 of Schedule 12 to the Act in respect of the supply of a dental appliance to a person otherwise than as part of general dental services–
a
that a written declaration on a form provided for that purpose by the Secretary of State shall be made to the effect that that person is, at the time of the examination or first examination leading to the supply of the appliance, within one of the specified categories; and
b
where the Secretary of State so requires, that the specified evidence shall be supplied by or on behalf of that person.
2
It is a condition of the exemptions under sub-paragraph (4) of paragraph 2 and sub-paragraph (4) of paragraph 3 of Schedule 12 to the Act in respect of the supply of a dental appliance, or other services provided, to a person as part of general dental services–
a
that a written declaration on a dental estimate form shall be made to the effect that that person is, on the date of the contract or arrangement for the services, within one of the specified categories; and
b
where the Board so requires, that the specified evidence shall be supplied by or on behalf of that person.
3
The declarations referred to in paragraphs (1)(a) and (2)(a) shall be made by the person to whom the services are to be provided, except that where the application for services is made by another person on his behalf it shall be made instead by the person who applies for the services.
4
Nothing in paragraph (1)(b) or (2)(b) prevents the Secretary of State or the Board from accepting evidence other than the specified evidence as establishing that a person is within one of the specified categories.
5
In this regulation “the specified categories” means the categories of person specified in column (1) of Schedule 2 and “the specified evidence”, in relation to any of those categories, means the evidence specified in relation to it in column (2) of that Schedule.
Making and recovery of charges
6
1
Where any charge is payable under section 78 of the Act in respect of the supply of a dental appliance under the Act otherwise than as part of general dental services, the Secretary of State or health authority may–
a
on arranging to supply it, make the appropriate charge; and
b
on supplying it or having it available for supply, recover the appropriate charge from the patient (if it has not previously been paid).
2
In providing general dental services for which a charge may be made under section 78 or section 79 of the Act, a dental practitioner–
a
may, on arranging to provide the service, make the appropriate charge;
b
shall require the patient to acknowledge, on the appropriate part of the dental estimate form, and before that form is sent to the Board, his obligation to pay a charge which is made;
c
may, on providing the service, recover the charge from the patient (if it has not previously been paid); and
d
shall, on receiving a sum in payment (in full or in part) of the charge, give a receipt for it on a form provided for that purpose by the Family Practitioner Committee or a form to the like effect.
3
Where a declaration in support of a claim for exemption has been made under regulation 5(2)(a) but the claim is not substantiated, and in consequence of the claim a dental practitioner has not recovered a charge in respect of an appliance supplied or other services provided, the Family Practitioner Committee may recover the charge from the person who made the declaration (whether or not the obligation to pay has been acknowledged).
Remission and repayment
7
1
The charges which may be made and recovered by virtue of the preceding provisions of these Regulations are subject to the provisions of regulations made under section 83A of the Act providing for remission or repayment.
2
In regulations 3(2)(b) and 5(2) of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 for “section 78(1)” there is substituted in each case “section 78(1A)”.
Charges for more expensive supplies and repairs
8
1
Where the Secretary of State–
a
supplies a dental appliance which is, at the request of the person supplied, of a type more expensive than the basic type; or
b
repairs such a dental appliance at a cost exceeding that of repairing a dental appliance of the basic type,
he may make and recover from the patient a charge equal to the difference between the cost of supplying or repairing the appliance and the cost of supplying or repairing an appliance of the basic type, in addition to any charge authorised by section 78 of the Act.
2
Where a dental practitioner providing general dental services, as part of those services and at the request of the person supplied,–
a
supplies a denture which is of a type more expensive than the basic type;
b
repairs such a denture at a cost exceeding that of repairing a denture of the basic type; or
c
supplies a bridge which is of a type more expensive than a denture or a bridge of the basic type,
he may, subject to paragraph (4), make and recover from the patient in respect of the supply or repair of the appliance a charge of an amount calculated in accordance with Part I of Schedule 3.
3
Part II of Schedule 3 shall have effect with respect to the procedure for determining the amount of the charge referred to in paragraph (2).
4
In the case of an appliance supplied or repaired by a dental practitioner who is remunerated in accordance with Determination IV of the Statement of Dental Remuneration (salaried dentists), the Family Practitioner Committee, and not the dental practitioner, shall make and recover the charge.
Charges for replacement – general dental services
9
1
Where a dental practitioner providing general dental services replaces a dental appliance supplied as part of those services and it is determined in accordance with Schedule 4 that the replacement is necessitated by–
a
an act or omission on the part of the person supplied; or
b
if the act or omission occurred when the person supplied was under 16 years of age, an act or omission of the person supplied or of the person having charge of him when the act or omission occurred,
the dental practitioner may make and recover a charge from the relevant person.
2
The amount of the charge to be made and recovered under paragraph (1) is, subject to paragraph (3), the Statement remuneration for the supply of the dental appliance.
3
If the Family Practitioner Committee considers–
a
that payment of the full amount of the charge under paragraph (1) would involve undue hardship to the relevant person; or
b
that the replacement, though necessitated by the relevant person’s act or omission, was not wholly necessitated by lack of reasonable care on his part,
it may determine that the charge shall not be payable, or that its amount shall be reduced.
4
In this regulation, “relevant person” means–
a
where paragraph (1)(b) applies, the person having charge of the person supplied when the act or omission occurred;
b
in any other case, the person supplied.
Discontinuation of treatment – general dental services
10
A dental practitioner providing general dental services may decline–
a
to begin treatment; or
b
where treatment has begun, to continue with it,
until he or the Family Practitioner Committee has received payment of the amount of any charge payable to him or it in accordance with these Regulations.
Reduction of remuneration and accounting for charges – general dental services
11
1
Subject to paragraph (2), the remuneration which would otherwise be payable by a Family Practitioner Committee to a dental practitioner providing general dental services shall be reduced by the amount of the charges authorised by these Regulations in respect of those services.
2
Paragraph (1) does not apply to remuneration under Determination IV of the Statement of Dental Remuneration (salaried dentists).
3
A dental practitioner remunerated under Determination IV of the Statement of Dental Remuneration shall account for and pay to the Family Practitioner Committee, in such manner as it may require, the amount of any charges recovered from a patient under these Regulations.
Revocations, amendment, savings and application of Regulations
12
1
The regulations specified in column (1) of Schedule 5 are revoked to the extent specified in column (3) of that Schedule.
2
In the National Health Service (General Dental Services) Regulations 1973–
a
in regulation 26H, for “carried out pursuant to regulation 20” there is substituted “referred to in regulation 8(2) of the National Health Service (Dental Charges) Regulations 1989” and for “pursuant to regulation 21” there is substituted “in consequence of loss or damage”.
b
in Part I of Schedule 1 (terms of service), in paragraph 17(a), after sub-paragraph (ii), there is inserted the following sub-paragraph:–
iii
regulations 4(4), 6(2) and 8(2) to (4) of, and Schedule 3 to, the National Health Service (Dental Charges Regulations 1989;
3
These Regulations apply to the supply of a dental appliance otherwise than as part of general dental services only where the examination, or first examination, leading to the supply takes place on or after 1st April 1989; and where the examination or first examination leading to the supply takes place before 1st April 1989 the charge which may be made and recovered in respect of the supply shall be that authorised by the Act and regulations made under it as in force at the time of that examination or first examination.
4
These Regulations apply to the provision of general dental services only where the contract or arrangement leading to the supply, as part of those services, of a dental appliance or to some other provision of general dental services is made on or after 1st April 1989; and where the contract or arrangement is made before that date, the charge which may be made and recovered in respect of the supply or the other provision of general dental services shall be that authorised by the Act and regulations made under it as in force at the time when that contract or arrangement was made.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
8th March 1989


text:
1
These regulations may be cited as the Financial Services (Schemes Constituted in Other Member States) Regulations 1989 and shall come into force on 1st October 1989.
2
The requirements prescribed for the purposes of section 86 of the Financial Services Act 1986 are that the collective investment scheme is one which, in accordance with Council Directive No. 85/611/ EEC co-ordinating the laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities , is an undertaking for collective investment in transferable securities subject to that Directive.
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
31st August 1989


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1989.
2
The Child Abduction and Custody (Parties to Conventions) Order 1989 is revoked.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 thereto and substituting therefor the following –
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment) Regulations 1989 and shall come into force on 18th August 1989.
Interpretation
2
In these regulations“the Principal Regulations ” means the Stamp Duty Reserve Tax Regulations 1986 .
Amendments to the Principal Regulations
3
In regulation 11(1) of the Principal Regulations for the words“appropriate rate” there shall be substituted–
“rate applicable under section 178 of the Finance Act 1989 ”.
4
In Part I of the Schedule to the Principal Regulations–
a
in the second column of the Table in the modifications alongside“86(1)” in the first column after the words““charged by an assessment”” there shall be added“; for the words“prescribed rate” substitute“rate applicable under section 178 of the Finance Act 1989 for the purposes of section 92(2) of the Finance Act 1986 ””;
b
in the first column of the Table“89(1)(3)”, and in the second column the modifications alongside“89(1)(3)”, shall be omitted.
5
In Part II of the Schedule to the Principal Regulations–
a
for subsection (1) of section 86 of the Taxes Management Act 1970 (as modified) there shall be substituted–
1
Any tax to which this section applies shall carry interest at the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 92(2) of the Finance Act 1986 from the accountable date until payment.
;
b
section 89 of the Taxes Management Act 1970 shall be omitted.
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1989


text:
1
These Regulations may be cited as the Northern Ireland (Emergency Provisions) (Amendment) Regulations 1989 and shall come into force on 22nd March 1989.
2
The Northern Ireland (Emergency Provisions) Regulations 1978 shall be amended as follows:
a
for regulation 4 (funerals) there shall be substituted —
4
Where it appears to an officer of the Royal Ulster Constabulary not below the rank of chief inspector that a funeral may —
a
occasion a breach of the peace or serious public disorder, or
b
cause undue demands to be made on Her Majesty’s forces or the police,
he may, where it appears to him to be necessary for the preservation of public order, give directions requiring persons taking part in the funeral to travel in vehicles.
; and
b
regulation 5 (closing of licensed premises, clubs etc. ) shall be deleted.Northern Ireland Office
Tom King
One of Her Majesty’s Principal Secretaries of State
16th March 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1989 and shall come into force at one minute past midnight on 7th November 1989.
2
In this Order –
a
“ the Act ” means the Food and Environment Protection Act 1985,
b
“designated area” means the farms, holdings and agricultural premises described in the Schedule to this Order.
Designated incident
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food in the area described in the Schedule to this Order is, or may be, or may become unsuitable for human consumption in consequence of the escape of lead into imported animal feeding stuff.
Designated area
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Act.
Activities prohibited in the designated area
4
No person shall in the designated area –
a
slaughter any cattle for human consumption or for use in the preparation of feeding stuff,
b
prepare or process for supply to purchasers or others any food derived from cattle or anything from which food could be derived, or
c
feed to any creature a feeding stuff the subject matter of the incident designated by article 2 of this Order.
Restrictions on movement
5
No person shall move any milk or milk product derived from any cattle or any cattle from which milk may be derived, or cattle from which meat or any other food for human consumption may be derived, from the designated area.
Restrictions throughout the United Kingdom
6
No person shall, in the United Kingdom –
a
slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in a designated area after the coming into force of this Order,
b
supply, or have in possession for supply, any milk, milk product, meat or other food, derived from cattle that were in a designated area after the coming into force of this Order, or
c
feed to any creature a feeding stuff the subject matter of the incident designated by article 2 of this Order that was taken from a designated area after the coming into force of this Order,
d
supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(b) of this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th November 1989.
John Gummer
Minister of Agriculture, Fisheries and Food


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment Order 1989 and shall come into force on 9th January 1989.
Amendment of the Export of Sheep (Prohibition) (No. 2) Order 1987
2
The Export of Sheep (Prohibition) (No. 2) Order 1987 is hereby amended by substituting for article 2(4)(b) the following sub-paragraph:–
b
any sheep which was marked, as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area–
i
with an apricot mark, in the case of a consent given on or before 31st July 1988; or
ii
with a green mark, in the case of a consent given on or before 2nd October 1988; or
iii
with a blue mark, in the case of a consent given on or before 10th January 1988.
.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendent No. 3 Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th January 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1989 and shall come into force on 10th April 1989.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1975;
“the 1986 Act ” means the Social Security Act 1986;
“the up-rating order” means the Social Security Benefits Up-rating Order 1989 ;
and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Conditions relating to payment of additional benefit under awards made before the appointed or prescribed day
2
1
This regulation applies to a case where —
a
either —
i
an award of any benefit under Chapters I to III of Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a higher rate provided in or by virtue of the up-rating order, or
ii
an award of any benefit under Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a lower rate provided in or by virtue of the up-rating order;
b
the period to which the award relates has not ended before that day; and
c
the award does not, in accordance with the provisions of section 64(3) of the 1986 Act, provide for the payment of the benefit at a higher or lower rate (as the case may be) as from that day.
2
In a case to which this regulation applies, section 64(2) of the 1986 Act shall have effect subject to the condition that if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
the benefit shall, until the question has been determined in accordance with the provisions of the Act, be or continue to be payable at the weekly rate specified in paragraph (3).
3
The weekly rate referred to in paragraph (2) is the weekly rate specified in the award or the weekly rate at which the benefit would have been paid if the question had not arisen, whichever is the lower.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
4
Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) shall be further amended by the substitution in paragraph (3) for “£27·00” of “£28·50”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
Regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) shall be further amended by the substitution for “£1404·00 ” of “£1482·00  ”.
Earnings limit
6
The sums specified in paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) shall be increased from £90, £11 and £90 to £95, £12 and £95 respectively.
Revocation
7
The Social Security Benefits Up-rating Regulations 1988 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1989


text:
1
The Wirral Metropolitan Borough Council M53 Motorway (Moreton Spur Extension to Upton Bypass) Scheme 1988 is hereby confirmed with modification.
2
The said scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Department of Transport, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE and at the offices of the Wirral Metropolitan Borough Council at the Town Hall Wallasey.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Wirral Metropolitan Borough Council M53 Motorway (Moreton Spur Extension to Upton Bypass) Scheme 1988 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
20th November 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (East Watton Borehole) Order 1989 and shall come into force on the 31st August 1989.
2
This Order shall be included among the enactments which may be cited together as the Anglian Water Authority Acts and Orders 1974 to 1989.
3
In this Order — “the Authority” means the Anglian Water Authority;“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (East Watton Borehole) Order 1989”, one duplicate of which is deposited and available for inspection at the offices of the Authority and the other at the offices of the Secretary of State for the Environment;“the Third Schedule” means the Third Schedule to the Water Act 1945;“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
1
The Authority may —
a
continue and maintain on or under the land described in Schedule 1 to this Order the existing pumping station and boreholes;
b
construct, continue and maintain (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of the said pumping station and boreholes.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
3
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
30th August 1989


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measures 1986.
3
The Fees established and set out in Tables I and II of the Schedule to the Legal Officers (Annual Fees) Order 1988 shall no longer be payable.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1989 and shall come into force on the first day of January 1990.
Dated this 17th day of May 1989
R. B. Gibson
A. Black
T. A. C. Coningsby
D. Lovelock
B. M. M. O'Connor
Approved by the General Synod the 10th day of July 1989
W. D. Pattinson
Secretary-General