text:
Citation and commencement
1
These Regulations may be cited as the Water Reorganisation (Pensions etc.) Regulations and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations –
“the 1989 Act ” means the Water Act 1989;
“former water authority” means any of the following bodies –
The Upper Tame Main Drainage Authority;
The Derwent Valley Water Board;
The Durham County Water Board;
The Fylde Water Board;
The Staffordshire Potteries Water Board;
The West Lancashire Water Board;
The Wirral Water Board; and
The Metropolitan Water Board;
“pension” includes an allowance or gratuity and a payment by way of an increase in a pension or by way of compensation for loss of office or for any other reason; and
“preserved” in relation to any pension means a pension to which a person has become entitled but which has not become payable at the transfer date.
Savings of provisions
3
Notwithstanding the repeal by the 1989 Act of the enactments specified in the first column of Schedule 1 hereto, those enactments shall continue to have effect on and after the transfer date to the extent mentioned in the second column of that Schedule, but with the modifications specified in the third column.
Transfer of liabilities in respect of pensions etc.
4
1
Subject to paragraph (3), all liabilities relating to pensions payable to, or in respect of, any person to whom this paragraph applies which would, but for the 1989 Act, fall to be discharged on or after the transfer date by a water authority by virtue of any provision mentioned in Schedule 1 or 2 hereto (other than from a fund maintained for the purposes of regulations made under section 7 of the Superannuation Act 1972 shall become liabilities of the National Rivers Authority.
2
Paragraph (1) applies to a person who has at any time been the chairman or otherwise been a member of or an employee of –
a
a water authority;
b
a former water authority ; or
c
the National Water Council .
3
Paragraph (1) shall not apply to any liability relating to the payment of a pension which is not a preserved pension to, or in respect of, a person who –
a
immediately before the transfer date is the chairman or other member of a water authority; and
b
on that date becomes a director of a successor company or of a company nominated in accordance with section 82(1) of the 1989 Act as the nominated holding company of a successor company.
Transfer of certain pension liabilities of the Thames Water Authority
5
All liabilities of the Thames Water Authority to pay any pension to or in respect of a person who has at any time been an officer or servant of –
a
the Conservators of the River Thames; or
b
the Lee Conservancy Catchment Board,
being liabilities which would, but for the 1989 Act, fall to be discharged by that Authority on or after the transfer date, shall on that date become liabilities of the successor company to that Authority.
Consequential provision
6
1
For the purpose of enabling the National Rivers Authority to discharge the liabilities transferred by regulation 4, the provisions specified in Schedule 2 shall have effect on and after the transfer date with the necessary modifications.
2
For the purpose of enabling the successor company to discharge the liabilities transferred by regulation 5 –
a
section 20(2) of the Superannuation Act 1972 shall have effect on and after the transfer date as if for the words from the beginning to “subsection (1)(b) above” there were substituted the words “The company nominated in accordance with section 4 of the Water Act 1989 to succeed the Thames Water Authority shall pay to or in respect of the persons to whom this section applies”;
b
section 20(3) of that Act shall have effect on and after the transfer date as if for the words “The Conservators and the Catchment Board” there were substituted the words “The company referred to in subsection (2) above”; and
c
any pension scheme applied by virtue of section 20(2) of that Act shall have effect on and after the transfer date with the necessary modifications.
Discretionary powers
7
Where –
a
immediately before the transfer date it was the prevailing practice of a water authority to exercise so as to secure the payment of, or of increased, pensions any discretionary power exercisable by them by virtue of any provision mentioned in Schedule 1 or 2 hereto or under any scheme referred to in regulation 6(2); and
b
that or any corresponding power becomes exercisable by the National Rivers Authority or the successor company on or after the transfer date,
the Authority or the company, as the case may be, shall exercise the power in relation to any liability which falls to be discharged by it by virtue of regulation 4 or 5 in a way which is not less beneficial than the general character of that practice.
Continuity
8
1
Anything done by or in relation to (or having effect as if done by or in relation to) a water authority in the discharge of or in connection with a liability transferred by regulation 4 or 5 shall, so far as is required for continuing its effect on or after the transfer date, have effect as if done by or in relation to the National Rivers Authority or the successor company, respectively.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any appeal, claim, decision or determination, to the giving of any notice or undertaking, and to the bringing of any action or proceeding.
3
Any pending action or proceeding may be amended in such manner as may be necessary or proper in consequence of these Regulations.
Signed by the authority of the Secretary of State
Michael Howard
Minister of Water and Planning
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1989 and shall come into force on 3rd April 1989.
2
The Goods Vehicles (Plating and Testing) Regulations 1988 are hereby amended so that in the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there are substituted the amounts specified in column 3 of the Table.
TABLE
1 2 3 Regulation Existing amount Substituted amount
12(3) £25.25 £26.50 £14 £14.50 16(1) £13 £13.50 £7.50 £7.75 16(2) £25.25 £26.50 £14 £14.50 34 £10.50 £11 41(1) £7.50 £7.75
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that: —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question;until in either case, a date to be specified in a Notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall become an unclassified road as from the date on which the Secretary of State notifies the County Council of Powys that the new trunk road is open for through traffic.
5
In this Order: —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the deposited plan”means the plan numbered HA10/2–WO63 marked “The Newtown–Aberystwyth Trunk Road (A489) (Mochdre Roundabout, Newtown) Order 1989”, signed by authority of the Secretary of State and deposited at the Welsh Office, Curran Embankment Repository, Curran Embankment, Cardiff;
iii
“the new trunk road”means the highway mentioned in article 1 of this Order;
iv
“the trunk road”means the Newtown-Aberystwyth Trunk Road (A489).
6
This Order shall come into force on 3rd November 1989 and may be cited as The Newtown–Aberystwyth Trunk Road (A489) (Mochdre Roundabout, Newtown) Order 1989.
Signed by authority of the Secretary of State
H. R. Bollington
An Assistant Secretary
Welsh Office
4th October 1989


text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Electricity at Work Regulations 1989 and shall come into force on 1st April 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“approved” means approved in writing for the time being by the Health and Safety Executive for the purposes of these Regulations or conforming with a specification approved in writing by the Health and Safety Executive for the purposes of these Regulations;
“circuit conductor” means any conductor in a system which is intended to carry electric current in normal conditions, or to be energised in normal conditions, and includes a combined neutral and earth conductor, but does not include a conductor provided solely to perform a protective function by connection to earth or other reference point;
“conductor” means a conductor of electrical energy;
“danger” means risk of injury;
“electrical equipment” includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy;
“firedamp” means any flammable gas or any flammable mixture of gases occurring naturally in a mine;
“injury” means death or personal injury from electric shock, electric burn, electrical explosion or arcing, or from fire or explosion initiated by electrical energy, where any such death or injury is associated with the generation, provision, transmission, transformation, rectification, conversion, conduction, distribution, control, storage, measurement or use of electrical energy;
“safety-lamp mine” means–
any coal mine; or
any other mine in which–
there has occurred below ground an ignition of firedamp; or
more than 0.25% by volume of firedamp is found on any occasion at any place below ground in the mine;
“system” means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy, and includes such source and such equipment.
2
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Persons on whom duties are imposed by these Regulations
3
1
Except where otherwise expressly provided in these Regulations, it shall be the duty of every–
a
employer and self-employed person to comply with the provisions of these Regulations in so far as they relate to matters which are within his control; and
b
manager of a mine or quarry (within in either case the meaning of section 180 of the Mines and Quarries Act 1954 ) to ensure that all requirements or prohibitions imposed by or under these Regulations are complied with in so far as they relate to the mine or quarry or part of a quarry of which he is the manager and to matters which are within his control.
2
It shall be the duty of every employee while at work–
a
to co-operate with his employer so far as is necessary to enable any duty placed on that employer by the provisions of these Regulations to be complied with; and
b
to comply with the provisions of these Regulations in so far as they relate to matters which are within his control.
PART II
GENERAL
Systems, work activities and protective equipment
4
1
All systems shall at all times be of such construction as to prevent, so far as is reasonably practicable, danger.
2
As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.
3
Every work activity, including operation, use and maintenance of a system and work near a system, shall be carried out in such a manner as not to give rise, so far as is reasonably practicable, to danger.
4
Any equipment provided under these Regulations for the purpose of protecting persons at work on or near electrical equipment shall be suitable for the use for which it is provided, be maintained in a condition suitable for that use, and be properly used.
Strength and capability of electrical equipment
5
No electrical equipment shall be put into use where its strength and capability may be exceeded in such a way as may give rise to danger.
Adverse or hazardous environments
6
Electrical equipment which may reasonably foreseeably be exposed to–
a
mechanical damage;
b
the effects of the weather, natural hazards, temperature or pressure;
c
the effects of wet, dirty, dusty or corrosive conditions; or
d
any flammable or explosive substance, including dusts, vapours or gases,
shall be of such construction or as necessary protected as to prevent, so far as is reasonably practicable, danger arising from such exposure.
Insulation, protection and placing of conductors
7
All conductors in a system which may give rise to danger shall either–
a
be suitably covered with insulating material and as necessary protected so as to prevent, so far as is reasonably practicable, danger; or
b
have such precautions taken in respect of them (including, where appropriate, their being suitably placed) as will prevent, so far as is reasonably practicable, danger.
Earthing or other suitable precautions
8
Precautions shall be taken, either by earthing or by other suitable means, to prevent danger arising when any conductor (other than a circuit conductor) which may reasonably foreseeably become charged as a result of either the use of a system, or a fault in a system, becomes so charged; and, for the purposes of ensuring compliance with this regulation, a conductor shall be regarded as earthed when it is connected to the general mass of earth by conductors of sufficient strength and current-carrying capability to discharge electrical energy to earth.
Integrity of referenced conductors
9
If a circuit conductor is connected to earth or to any other reference point, nothing which might reasonably be expected to give rise to danger by breaking the electrical continuity or introducing high impedance shall be placed in that conductor unless suitable precautions are taken to prevent that danger.
Connections
10
Where necessary to prevent danger, every joint and connection in a system shall be mechanically and electrically suitable for use.
Means for protecting from excess of current
11
Efficient means, suitably located, shall be provided for protecting from excess of current every part of a system as may be necessary to prevent danger.
Means for cutting off the supply and for isolation
12
1
Subject to paragraph (3), where necessary to prevent danger, suitable means (including, where appropriate, methods of identifying circuits) shall be available for–
a
cutting off the supply of electrical energy to any electrical equipment; and
b
the isolation of any electrical equipment.
2
In paragraph (1), “isolation” means the disconnection and separation of the electrical equipment from every source of electrical energy in such a way that this disconnection and separation is secure.
3
Paragraph (1) shall not apply to electrical equipment which is itself a source of electrical energy but, in such a case as is necessary, precautions shall be taken to prevent, so far as is reasonably practicable, danger.
Precautions for work on equipment made dead
13
Adequate precautions shall be taken to prevent electrical equipment, which has been made dead in order to prevent danger while work is carried out on or near that equipment, from becoming electrically charged during that work if danger may thereby arise.
Work on or near live conductors
14
No person shall be engaged in any work activity on or so near any live conductor (other than one suitably covered with insulating material so as to prevent danger) that danger may arise unless–
a
it is unreasonable in all the circumstances for it to be dead; and
b
it is reasonable in all the circumstances for him to be at work on or near it while it is live; and
c
suitable precautions (including where necessary the provision of suitable protective equipment) are taken to prevent injury.
Working space, access and lighting
15
For the purposes of enabling injury to be prevented, adequate working space, adequate means of access, and adequate lighting shall be provided at all electrical equipment on which or near which work is being done in circumstances which may give rise to danger.
Persons to be competent to prevent danger and injury
16
No person shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger or, where appropriate, injury, unless he possesses such knowledge or experience, or is under such degree of supervision as may be appropriate having regard to the nature of the work.
PART III
REGULATIONS APPLYING TO MINES ONLY
Provisions applying to mines only
17
1
The provisions of regulations 18 to 28 and Schedule 1 shall apply to mines only; and the provisions of that Schedule shall have effect in particular in relation to the use below ground in a coal mine of any film lighting circuit (as defined by paragraph 1 of that Schedule) at or in close proximity to a coal face.
2
Expressions to which meanings are assigned by the Mines and Quarries Act 1954 shall, unless the contrary intention appears, have the same meanings in regulations 18 to 27 and Schedule 1.
Introduction of electrical equipment
18
Before electrical equipment (other than equipment approved for the purposes of regulation 20(1)) is first introduced into any underground part of a safety-lamp mine to which the Coal and Other Mines (Surveyors and Plans) Regulations 1956 apply, the manager shall submit to an inspector a copy of the ventilation plan required to be kept for that part by regulation 9 of those Regulations, on which the intended locations of that equipment shall be shown, together with a copy of any schematic diagram relating to that part prepared for the purposes of regulation 24(1).
Restriction of equipment in certain zones below ground
19
1
At every safety-lamp mine containing any zones below ground in which firedamp whether or not normally present is likely to occur in a quantity sufficient to indicate danger, there shall be prepared a suitable plan identifying such zones.
2
Electrical equipment shall not be energised in such zones unless it is–
a
equipment of a kind approved for that purpose;
b
equipment approved pursuant to regulation 20(1);
c
equipment the use of which was lawful in such zones immediately before the coming into force of these Regulations;
d
equipment which has received a certificate of conformity or a certificate of inspection in accordance with Council Directive 82/130/ EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, as adapted to technical progress by Commission Directive 88/35/EEC ;
e
equipment such as is specified in regulation 21(2);
f
equipment which is not capable of producing incendive electrical sparks in normal use; or
g
electrically-powered equipment not permanently installed in the mine but required occasionally for monitoring, testing, recording and measurement, and used where the concentration of firedamp is 0.8% by volume or less in accordance with suitable rules drawn up by the manager to ensure that danger will not thereby arise, which rules shall in particular include provision for personal supervision of that equipment by a competent person and testing for firedamp when it is in use;
and any lights which conform with this paragraph shall be permitted lights in any mine such as is specified in paragraph (1).
Cutting off electricity or making safe where firedamp is found either below ground or at the surface
20
1
Where any person at a mine detects firedamp in a concentration exceeding 1.25% by volume in the general body of the air either below ground at that mine or at any place on the surface thereat where any exhauster in a firedamp drainage system is installed, firedamp is monitored or its heat content measured, he shall forthwith–
a
cut off the supply of electricity to any electrical equipment situated at the place where the said concentration was detected; or
b
(where this is not possible) take all reasonably practicable steps to make such equipment safe; or
c
(if the taking of the measures specified in sub-paragraphs (a) and (b) above does not fall within the scope of his normal duties) report the matter to an official of the mine who shall ensure that those measures are taken;
except that the provisions of sub-paragraphs (a) to (c) above shall not apply if the electrical equipment is approved for the purpose of remaining energised in such circumstances or (in the case of a safety-lamp mine) is electrical equipment such as is specified in regulation 21(2).
2
If the supply of electricity to electrical equipment is cut off or the equipment made safe in accordance with paragraph (1), it shall remain in that condition until the senior official on duty at the mine having determined that it is safe to do so, directs that such precautions are no longer necessary.
3
If the supply of electricity to electrical equipment is cut off or the equipment made safe in accordance with paragraph (1), details of the time, duration and location shall be recorded.
Approval of certain equipment for use in safety-lamp mines
21
1
Subject to paragraph (2), no electric safety-lamp, gas detector, telephone or signalling equipment or other equipment associated therewith or required for the safety of persons shall be taken or used below ground at any safety-lamp mine unless it is equipment which has been approved pursuant to regulation 20(1) or (in the case of electric safety-lamps) is of a type for the time being approved pursuant to section 64(2) of the Mines and Quarries Act 1954.
2
Nothing in paragraph (1) shall prevent the taking or use below ground at any safety-lamp mine of any electrical equipment which was, before the coming into force of these Regulations, approved pursuant to regulations 20 and 21A of the Coal and Other Mines (Electricity) Regulations 1956 .
Means of cutting off electricity to circuits below ground
22
At every mine at which electrical equipment which may give rise to danger is installed below ground and is supplied from a power source at the surface of the mine, switchgear shall be provided at the surface for cutting off the supply of current to that equipment, and adequate provision shall be made for the operation of that switchgear, including such means of communication as will, so far as is reasonably practicable, enable the switchgear to be operated in case of danger.
Oil-filled equipment
23
Electrical equipment using oil as a means of cooling, insulation or arc suppression shall not be introduced below ground at a mine.
Records and information
24
1
Suitable schematic diagrams of all electrical distribution systems intended to be operated at the mine (other than those operating at a voltage not exceeding 250 volts) shall, so far as is reasonably practicable–
a
be prepared and kept in the office at the mine; and
b
show the planned settings of any circuit electrical protective devices.
2
Copies of such portions of the schematic diagrams prepared pursuant to paragraph (1) as are necessary to prevent danger and which show at least those parts of the electrical system which are served by switchgear operating at a voltage in excess of 250 volts shall be displayed at each place where such switchgear is installed.
3
Plans on a suitable scale shall be kept in the office at the mine showing, so far as is reasonably practicable, the position of all permanently installed electrical equipment at the mine supplied at a voltage in excess of 250 volts.
Electric shock notices
25
Where, at any place at a mine, electric arc welding is taking place or electrical energy is being generated, transformed or used at a nominal voltage in excess of 125 volts a.c. or 250 volts d.c., a notice shall be displayed in a form which can be easily read and understood and containing information on the appropriate first-aid treatment for electric shock and details of the emergency action to be taken in the event of electric shock.
Introduction of battery-powered locomotives and vehicles into safety-lamp mines
26
No locomotive or vehicle which uses an electrical storage battery, either partly or wholly, as a power source for traction purposes shall be introduced below ground at a safety-lamp mine unless it is an approved locomotive or vehicle.
Storage, charging and transfer of electrical storage batteries
27
At any mine in which electrical storage batteries are used below ground, those batteries shall, so far as is reasonably practicable, be used, stored, charged and transferred in a safe manner.
Disapplication of section 157 of the Mines and Quarries Act 1954
28
Section 157 of the Mines and Quarries Act 1954 (which provides a defence in legal proceedings and prosecutions in certain circumstances) shall not apply in relation to any legal proceedings or prosecutions based on an allegation of a contravention of a requirement or prohibition imposed by regulations 18 to 27 or by or under Schedule 1.
PART IV
MISCELLANEOUS AND GENERAL
Defence
29
In any proceedings for an offence consisting of a contravention of regulations 4(4), 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 or 25, it shall be a defence for any person to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of that offence.
Exemption certificates
30
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt–
a
any person;
b
any premises;
c
any electrical equipment;
d
any electrical system;
e
any electrical process;
f
any activity,
or any class of the above, from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Extension outside Great Britain
31
These Regulations shall apply to and in relation to premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of Articles 6 and 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977 as they apply within Great Britain.
Disapplication of duties
32
The duties imposed by these Regulations shall not extend to–
a
the master or crew of a sea-going ship or to the employer of such persons, in relation to the normal ship-board activities of a ship’s crew under the direction of the master; or
b
any person, in relation to any aircraft or hovercraft which is moving under its own power.
Revocations and modifications
33
1
The instruments specified in column 1 of Part I of Schedule 2 are revoked to the extent specified in the corresponding entry in column 3 of that Part.
2
The enactments and instruments specified in Part II of Schedule 2 shall be modified to the extent specified in that Part.
3
In the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969 and the Mines Management Act 1971 , and in regulations made under any of those Acts, or in health and safety regulations, any reference to any of those Acts shall be treated as including a reference to these Regulations.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
7th April 1989


text:
1
This Order may be cited as the Public Telecommunication System Designation (Merseyside Cablevision Limited) Order 1989 and shall come into force on 4th December 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Paliamentary under Secretary of State
Department of Trade and Industry
3rd November 1989


text:
PART I
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) Regulations 1989 and shall come into force on 9th January 1990.
Interpretation
2
In these Regulations unless the context otherwise requires-“the Board” means the Commissioners of Inland Revenue;
“contract” means a contract of private medical insurance;
“general medical services” means personal medical services provided for persons in a particular locality;
“health service hospital” means in Great Britain a hospital vested in the Secretary of State for the purposes of his functions under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and in Northern Ireland a hospital vested in the Department of Health and Social Services for Northern Ireland for the purposes of its functions under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“hospital” has the meanings given by section 128(1) of the National Health Service Act 1977, section 108(1) of the National Health Service (Scotland) Act 1978 and Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;
“indemnity period” means the period, not exceeding one year, for which indemnity is provided under a contract;
“registered dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 ;
“registered medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978 ;
“section 54” and “section 56” mean sections 54 and 56 respectively of the Finance Act 1989.
PART II
DISENTITLEMENT TO TAX RELIEF
Circumstances of disentitlement
3
1
In the circumstances prescribed by paragraph (2) an individual who has made a payment in respect of a premium under a contract shall cease to be and be treated as not having been entitled to relief under subsection (3) of section 54 in respect of that payment.
2
The circumstances prescribed by this paragraph are circumstances in which —
a
at any time after the payment is made the contract is not an eligible contract for the purposes of section 54; or
b
the payment is refunded to the individual by the person to whom it was made.
Recovery of tax from payee of premium
4
1
In the circumstances prescribed by paragraph (2) the person to whom a payment in respect of a premium under a contract was made by an individual, who by virtue of regulation 3 has ceased to be and is treated as not having been entitled to relief in respect of that payment, shall account to the Board for tax from which relief has been given on the basis that the individual was so entitled.
2
The circumstances prescribed by this paragraph are circumstances in which —
a
the person to whom the payment was made has recovered from the Board an amount equal to any amount deducted and retained by the individual from that payment in accordance with subsection (5) of section 54; and
b
that amount has not been repaid to the Board.
Adaptation of section 30 of the Taxes Management Act 1970
5
1
In order to secure the performance of the obligation imposed by regulation 4, section 30 of the Taxes Management Act 1970 shall be adapted so that it applies to the tax for which a person to whom a payment has been made is to account to the Board in accordance with that regulation as it applies to tax which has been repaid to a person which ought not to have been repaid to him.
2
For the purposes of the adaptation required by paragraph (1), any reference in the said section 30 to the repayment of an amount of tax to any person which ought not to have been repaid to him shall be construed as including a reference to tax for which a person is to account to the Board in accordance with regulation 4.
PART III
APPROVED BENEFITS
Approved treatments and associated services
6
1
Subject to paragraph (4), the treatments, medical services and other matters specified in this regulation, the costs of which may, in the circumstances set out in paragraph (2), be indemnified under a contract which is certified under section 56, are —
a
treatment of the insured consisting of medical or surgical procedures (including diagnosis), the purpose of which is the relief of illness or injury,
b
services provided to the insured of any of the kinds specified in the Schedule when they are associated with such treatment, and
c
drugs and dressings used in the course of such surgical procedures.
2
The circumstances referred to in paragraph (1) are circumstances in which —
a
the treatment is given —
i
in the United Kingdom by, or under the supervision of, a registered medical practitioner or registered dental practitioner, or
ii
to the conditions specified in paragraph (3), outside the United Kingdom, to the insured as a resident or non-resident private patient in a private or health service hospital or, in the case of surgical procedures performed by a registered medical practitioner providing general medical services, as a private patient of that practitioner; and
b
any services associated with the treatment are provided —
i
in the United Kingdom, or
ii
to the conditions specified in paragraph (3) and except for services provided for the purposes of convalescence, outside the United Kingdom, to the insured.
3
The conditions specified in this paragraph are —
a
that the amount of the indemnity provided under the contract for such treatment and services does not exceed that provided for the same treatment and services when they are given or provided in the United Kingdom; and
b
that no more than two per cent. of the premium payable under the contract secures the indemnity in respect of the costs of such treatment and services, including the service consisting of transporting the insured from the place of treatment to the United Kingdom by air ambulance.
4
The treatments specified in this regulation do not include any treatment which, during the period of five years preceding certification of the contract, has not been provided free by the Secretary of State under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978, or by the Department of Health and Social Services for Northern Ireland under the Health and Personal Social Services (Northern Ireland) Order 1972, more often than it has been provided in the United Kingdom otherwise than under any of those enactments.
5
For the purposes of this Part of these Regulations —
a
“the insured” means any person who is insured under the contract;
b
a service is associated with a treatment if it is provided for the purposes of that treatment or is consequent on it.
Cash benefits
7
The rules specified in this regulation, within which a cash benefit provided under a contract which is certified under section 56 is to fall, are that the benefit may not exceed £5 for each night that the insured is accommodated —
a
in a private hospital, or
b
in a health service hospital in circumstances where he is charged for the accommodation under section 65 of the National Health Service Act 1977 , section 57 of the National Health Service (Scotland) Act 1978 or Article 31 of the Health and Personal Social Services (Northern Ireland) Order 1972 .
Other rights
8
The other rights specified in this regulation which may be conferred by a contract which is certified under section 56 are —
a
a right in the person making payments in respect of a premium under the contract to terminate it before the expiry of the indemnity period and to receive a refund of payments made in respect of the period following termination;
b
waiver by the insurer of the right to payment of premium for any period in which the insured is receiving treatment the cost of which is indemnified under the contract and the right to receive a refund of payments made in respect of such a period;
c
a right in the person making payments in respect of a premium under the contract to enter into a further contract at the end of the indemnity period.
Kenneth Carlisle
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1989


text:
1
This Order may be cited as the Teachers' Pay and Conditions Act 1987 (Continuation) Order 1989.
2
The Teachers' Pay and Conditions Act 1987 shall not expire on 31st March 1990 but shall continue in force for a further year.
John MacGregor
Secretary of State for Education and Science
14th December 1989


text:
1
These Regulations may be cited as the Education (Abolition of Corporal Punishment) (Independent Schools) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
2
After paragraph (b) of regulation 2 of the Education (Abolition of Corporal Punishment) (Independent Schools) Regulations 1987 , there shall be added the following paragraphs–
c
a city technology college which is, for the time being, assisted by a Minister of the Crown, and
d
a city college for the technology of the arts, which is, for the time being, so assisted.
Kenneth Baker
Secretary of State for Education and Science
17th July 1989
Peter Walker
Secretary of State for Wales
19th July 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Property, etc.) (West Midlands) Order 1989, and shall come into force on 4th September 1989.
2
In this Order “the Residuary Body” means the West Midlands Residuary Body.
Highways Property
2
1
All interests of the Residuary Body in land situated in the area of the district councils of Birmingham, Sandwell, Walsall and Wolverhampton, other than land mentioned in the Schedule to this Order, which immediately before 1st April 1986 was held by the West Midlands County Council for the purposes of its functions relating to highways shall vest in the council of the district in which it is situated.
2
The interest of the Residuary Body in land situated at 2 Norton Road and 2 South Road, Stourbridge shall vest in Dudley Metropolitan District Council.
Rights and liabilities
3
There shall vest in the council to whom interests in land are transferred by article 2 all rights and liabilities of the Residuary Body acquired or incurred exclusively in connection with that land.
C. F. Patten
Secretary of State for the Environment
3rd August 1989


text:
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 and shall come into force on 18th September 1989.
Interpretation
2
In these Regulations–
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“appropriate languages” in relation to any information to be displayed on the installation under these Regulations means English and such other languages as are necessary to enable the information to be understood by all persons on the installation who may need to refer to it;
“elected” includes being declared the safety representative for a constituency under regulation 12 below by virtue of being the only candidate duly nominated for that position;
“employed” means employed or engaged under a contract of service or for services and related expressions shall be construed accordingly;
“installation logbook” means a logbook which is required to be maintained under regulation 2 of the Offshore Installations (Logbooks and Registration of Death) Regulations 1972 ;
“installation manager” includes, where no manager is appointed pursuant to section 4 of the 1971 Act, any person made responsible by the installation owner for safety, health and welfare on board an offshore installation;
“occupational health and safety” means the health and safety of the workforce while on or working from an installation and while boarding or leaving it;
“the prescribed period” means the period of five weeks or such shorter period as is reasonably practicable to make representations, or nominations, or to vote as the case may be;
“a week” means any period of seven days;
“workforce” includes every person who is for the time being working on or from an offshore installation under a contract of service or a contract for services, other than the installation manager, a body corporate or an unincorporated body of persons.
Application
3
These Regulations shall apply to an offshore installation, not being a dredging installation registered in the United Kingdom or elsewhere, which–
a
is maintained on a working station in controlled waters for the carrying on of an activity to which the 1971 Act applies, and
b
is normally manned.
ELECTION OF SAFETY REPRESENTATIVES ETC.
Safety representatives
4
The workforce shall be entitled to nominate and elect safety representatives in accordance with the following provisions of these Regulations.
Constituencies
5
1
The installation manager shall establish and thereafter, in consultation with any safety committee established in accordance with regulation 19 below, maintain for the purposes of these Regulations a system of constituencies, which shall be established by reference to one or more of the following factors–
a
the areas of the offshore installation,
b
the activities undertaken on or from the installation,
c
the employers of members of the workforce, and
d
other objective criteria which appear to the installation manager to be appropriate to the circumstances of the installation.
2
The system of constituencies shall be such that–
a
there shall be at least two constituencies;
b
every member of the workforce can be assigned to a constituency; and
c
the number of persons who may at any time be assigned to a constituency shall not exceed forty and shall be no fewer than three.
3
In determining the number of persons to be assigned to a constituency the installation manager shall have regard, in particular, to the nature of the work undertaken by the members of the constituency and the hazards related thereto.
4
The installation manager shall signify the establishment or modification of a constituency by ensuring the posting in appropriate languages at suitable places on the installation so that they can easily be read by all the members of the workforce of–
a
particulars of the establishment or modification of the constituency; and
b
subject to paragraph (7) below, notice that the installation manager will consider any representations with regard to such particulars as may be made to him within the prescribed period commencing with the date of their posting in accordance with paragraph (5) below.
5
Subject to paragraph (7) below, representations may be made by any member of the workforce and, if the constituency is intended to be comprised exclusively of persons employed by the same employer, that employer.
6
If any representations are made to him in accordance with paragraph (4)(b) above, the installation manager shall forthwith consider them, and if he considers that they necessitate amendment of the particulars referred to in paragraph (4)(a) above he shall ensure that amended particulars in appropriate languages are posted at suitable places as prescribed in paragraph (4) above.
7
Where an installation manager proposes to establish a constituency and there is in existence on the installation a safety committee established under regulation 19 below, paragraphs (4)(b), (5) and (6) above shall not apply but the installation manager shall consult the safety committee and if the constituency is intended to be comprised exclusively of persons employed by the same employer, that employer.
Membership of constituency
6
1
The installation manager shall as soon as practicable ensure that every member of the workforce is assigned to a constituency established under regulation 5 above.
2
The installation manager shall subsequently ensure that each new member is assigned to a constituency and informed in writing of the constituency to which he has been assigned and of the name of the safety representative of that constituency and the safety representative shall be informed in writing of the name of any new member of the workforce assigned to his constituency.
3
Paragraphs (1) and (2) above shall not apply to any member of the workforce who at no time while on the offshore installation is expected to remain thereon for any period longer than forty-eight hours.
Elections
7
Subject to regulation 15 below, the members of the workforce assigned to a constituency may elect one safety representative in accordance with the provisions of regulations 8 to 13 below.
Nominations
8
As soon as practicable after–
a
the establishment or modification of a constituency, or
b
the expiry of a period of two years since the safety representative was last elected, or
c
a person’s ceasing to be the safety representative in accordance with paragraph (b), (c) or (d) of regulation 14 below,
the installation manager shall ensure that a notice in appropriate languages is posted at suitable places as prescribed in regulation 5(4) above and that an election is to take place in relation to the constituency in question, with details of the members of that constituency; and he shall invite the nomination of candidates for election to be made to him during the prescribed period commencing with the date of posting of the notice.
Candidates
9
1
A person shall be eligible to be a candidate for election as the safety representative for a constituency if the installation manager is satisfied that he is a member of that constituency, that he is willing to stand as a candidate for the constituency, that he has been nominated by a second member of the constituency, and that his nomination has been seconded by a third member.
2
The installation manager shall provide every person who is eligible to be a candidate with reasonable facilities to enable him to promote his election campaign.
List of candidates
10
After the expiry of the period allowed for nominations under regulation 8 above and within one week from that date, the installation manager shall ensure that there is displayed in appropriate languages at suitable places as prescribed in regulation 5(4) above–
a
a list of duly nominated candidates; or
b
if no candidate has been duly nominated, notice of the existence of a vacancy.
Secret ballot
11
1
If in any constituency more than one candidate is duly nominated, the installation manager shall, throughout the prescribed period commencing with the expiry of the one week period specified in regulation 10 above, conduct a secret ballot in which each member of that constituency shall be entitled to vote for one candidate in the constituency.
2
If the Secretary of State receives a claim in writing from a member of the workforce that a ballot held for the purposes of paragraph (1) above does not comply with the requirements of that paragraph or has not been conducted fairly, he may, if he is satisfied that the claim is justified, declare the ballot to be a nullity and direct the installation manager or the installation owner to conduct a further ballot in accordance with such requirements as the Secretary of State may specify.
3
The installation manager or the installation owner shall comply with any directions given by the Secretary of State under paragraph (2) above.
Results
12
The installation manager shall–
a
ensure that within one week from the expiry of the election period prescribed in regulation 11(1) above or specified under regulation 11(2) above a notice in appropriate languages is posted at suitable places as prescribed in regulation 5(4) above certifying the result of the ballot or, in the case of a constituency for which only one candidate has been duly nominated, declaring that candidate to be the safety representative for that constituency; and
b
as soon as is practicable thereafter issue to every person elected to be a safety representative a document signed and dated by him which certifies the date on which the person was elected, the name of the person’s employer (if any), the name or other designation of the offshore installation and a description which is sufficient to identify the constituency he represents.
No candidate
13
If in any constituency no candidate has been nominated in accordance with regulation 9 above and no safety representative holds that position by virtue of regulation 15 below–
a
the installation manager shall, until a candidate has been so nominated or a safety representative holds that position under the said regulation 15, keep and update at monthly intervals a list of members for the time being of the constituency and the latest copy of the list shall be posted at suitable places as prescribed in regulation 5(4) above on the installation; and
b
the installation manager shall record those facts in the installation logbook, and if an eligible candidate is subsequently nominated in accordance with regulation 9 above the installation manager shall arrange for an election to be held for the constituency, in accordance with the foregoing provisions of these Regulations concerning elections.
Cessation of representation
14
A person shall cease to be a safety representative for the purposes of these Regulations–
a
on the election of another representative for his constituency in accordance with regulations 8 to 13 above, or
b
if he resigns, or
c
if his employment is terminated, or
d
if he has been absent from the installation for which he is a safety representative for a continuous period of twelve weeks.
Safety representatives for single employer constituencies
15
1
Where a person has not more than two years previously been elected in accordance with the foregoing provisions of these Regulations as a safety representative on an offshore installation for a constituency, the members of which were exclusively the employees of his present employer, he may, subject to paragraphs (2) and (3) below, continue to hold that position without re-election as a safety representative for a constituency, the members of which are exclusively employees of his present employer, on any other offshore installation on which he is subsequently a member of the workforce.
2
Subject to paragraph (3) below, no person shall hold a position as a safety representative for a constituency under paragraph (1) above if the constituency is already represented by a safety representative.
3
No person shall hold a position as a safety representative under paragraph (1) above on more than one offshore installation at any time unless the installations are for the time being normally linked by a bridge.
Functions of safety representatives
16
Each safety representative shall have the following functions–
a
to investigate potential hazards and dangerous occurrences and to examine the causes of accidents where the interests of the members of his constituency might be involved or those of any other member of the workforce when that person’s safety representative is not available or there is no safety representative for that person’s constituency;
b
to investigate complaints by any member of his constituency relating to the occupational health and safety of any member of the workforce and to investigate complaints by any other member of the workforce when that person’s safety representative is not available or there is no safety representative for that person’s constituency;
c
to make representations to the installation manager and, where appropriate, to every employer on matters arising out of paragraph (a) or (b) above;
d
to make representations to the installation manager and, where appropriate, to any employer on general matters affecting the occupational health and safety of members of the workforce;
e
to attend meetings of the safety committee established under regulations 19 and 20 below;
f
to represent his constituency members in consultations on the offshore installation with Inspectors appointed under section 6(4) of 1971 Act; and
g
to consult members of his constituency either individually or, so far as is reasonably practicable, collectively on any matters arising out of the foregoing provisions of this regulation and the provisions set out in regulation 22 below, as appropriate;
but no function conferred on a safety representative by this regulation shall be construed as imposing a duty on him.
Powers of safety representatives
17
1
To enable him to fulfil his functions under regulation 16 above, a safety representative may exercise the powers set out in paragraphs (2), (3), (4)(b) and (5) of this regulation and he may seek advice and guidance whether from persons on the offshore installation or elsewhere on any matters arising out of regulation 16 above and regulation 22 below, as appropriate.
2
A safety representative may inspect any part of the offshore installation or its equipment if–
a
he has given the installation manager and, if his employer is not the installation owner, his employer, reasonable notice in writing of his intention to do so, and
b
he has not inspected that part of the installation or its equipment in the previous three months;
and he may carry out more frequent inspections by agreement with the installation manager and, if his employer is not the installation owner, his employer.
3
If–
a
there has been a notifiable incident, and
b
it is safe for an inspection to be carried out, and
c
the interests of the members of his constituency might be involved,
a safety representative may inspect the part of the installation or the equipment concerned and, so far as is necessary for the purpose of determining the cause, he may inspect any other part of the installation or its equipment; provided that the safety representative shall first notify of his intention to carry out the inspection–
i
the installation manager; and
ii
where his employer is not the installation owner and it is reasonably practicable to notify him, his employer.
4
Where two or more safety representatives consider there is an imminent risk of serious personal injury arising from an activity carried out on the installation–
a
they shall make representations to the installation manager who shall prepare and send a report in writing on the matter to an inspector appointed under section 6(4) of the 1971 Act as soon as is reasonably practicable; and
b
a safety representative may make a report in writing by the fastest practicable means to an inspector appointed under section 6(4) of the 1971 Act.
5
A safety representative may receive information given under section 28(8) of the 1974 Act by an inspector appointed under section 19 of that Act.
6
In this regulation, “notifiable incident” means any casualty, accident, injury or disease which is required to be notified by the installation owner or the installation manager under regulation 9 or 12 of the Offshore Installations (Inspectors and Casualties) Regulations 1973 .
Documents
18
A safety representative shall be entitled to see and be supplied, by or on behalf of the installation manager, with copies of any document relating to the occupational health and safety at work of the workforce which is required by any statutory provision to be kept on the offshore installation, except a document consisting of or relating to any health record of an identifiable individual.
SAFETY COMMITTEES
Safety committee — establishment
19
The owner of an offshore installation for which one or more safety representatives have been elected or hold that position by virtue of regulation 15 above shall establish a safety committee.
Membership of safety committee
20
1
The safety committee shall include the installation manager as chairman, one further person who may be appointed by the installation owner or the installation manager, all the safety representatives, and such other persons as the safety committee may co-opt by the unanimous vote of the members of the committee present and voting on the co-option.
2
A person co-opted to the safety committee under paragraph (1) above shall not be entitled to vote on the co-option of another person to the committee.
Safety committee — meetings
21
1
The first meeting of a safety committee shall be called by the chairman within six weeks of the date of its establishment, and thereafter the chairman shall call a meeting at least once in every three months.
2
In calling a meeting, the chairman shall endeavour to appoint a date on which the members can attend.
3
A safety representative may nominate a member of his constituency to attend meetings as a member in his stead when he is unable to attend.
4
The quorum for a meeting of a safety committee shall be the chairman and such number of safety representatives or persons nominated under paragraph (3) above as represent a third (rounded up to a whole number) of the number of safety representatives holding office at the date the meeting is called.
Safety committee — functions
22
1
A safety committee shall have the following functions in relation to the offshore installation which it serves–
a
without prejudice to the performance of any obligation imposed on the installation manager or any other person by or under any enactment, to keep under review the measures taken to ensure the occupational health and safety of the workforce;
b
to keep under review, and to make recommendations to the installation manager with regard to, the system of the constituencies so as to ensure adequate representation of the workforce on health and safety matters;
c
to keep under review the arrangements for the training of safety representatives in accordance with regulation 27 below and to make representations to the employers as appropriate;
d
without prejudice to the requirements of regulation 21(1) above, to keep under review the frequency of safety committee meetings, the circumstances under which they may be called and to make representations to the installation manager as appropriate;
e
to consider representations from any member of the safety committee on any matter affecting the occupational health and safety of the workforce and make recommendations to the installation manager as appropriate;
f
to consider the causes of accidents, dangerous occurrences and cases of occupational ill health and make recommendations to the installation manager as appropriate;
g
to consider any document relating to the occupational health and safety of the workforce which is required by any statutory provision to be kept on the offshore installation, except any document consisting of or relating to any health record of an identifiable individual;
h
to prepare and maintain a record of its business a copy of which shall be kept on the installation for one year from the date of the meeting and as soon as practicable after each meeting send the record of that meeting to the installation owner who shall keep it at a place onshore in the United Kingdom until the sixth anniversary of the expiry of the year to which the record relates;
but no function given to a safety committee by this regulation shall be construed as imposing a duty on it.
2
A safety committee shall seek to advance co-operation on matters affecting occupational health and safety between all parties on the installation which the committee serves and to that end shall seek to promote and develop measures to ensure the occupational health and safety of the workforce.
INSTALLATION OWNERS, INSTALLATION MANAGERS AND EMPLOYERS
Duties of installation owners and installation managers
23
In respect of every offshore installation served by a safety committee it shall be the duty of the installation owner and of the installation manager–
a
to facilitate the exercise by the committee of its functions and by the safety representatives of their functions and powers in respect of the installation under these Regulations, and for that purpose to make available the necessary accommodation, facilities for communication and office equipment supplies; and
b
to consult safety representatives with a view to the making and maintenance of arrangements which will enable them and the workforce to co-operate effectively in promoting and developing measures to ensure the health and safety of persons working on or from the installation, and in checking the effectiveness of such arrangements.
Information
24
It shall be the duty of the installation owner, the installation manager and any employer of members of the workforce each to make available to safety representatives the information relating to occupational health and safety within his knowledge as may be necessary to enable the safety representatives to fulfil their functions except–
a
any information the disclosure of which would be against the interests of national security, or
b
any information which cannot be disclosed without contravening a prohibition imposed by or under an enactment, or
c
any information relating specifically to an individual, unless he has consented to its being disclosed, or
d
any information the disclosure of which would, for reasons other than its effect on occupational health and safety, cause substantial injury to the undertaking of any of the parties on whom the duty is imposed or, where the information has been supplied to any of the parties by some other person, to the undertaking of that other person, or
e
any information obtained by the employer for the purpose of bringing, prosecuting or defending any legal proceedings.
Documents etc.
25
1
It shall be the duty of the installation owner, installation manager, and any employer of members of the workforce on the offshore installation, to make available to safety representatives and safety committees any documents which safety representatives and safety committees are entitled to see under regulation 18 above.
2
It shall be the duty of the installation owner to ensure that at least one copy of these Regulations is readily available on the installation for inspection by the workforce.
Time off
26
1
It shall be the duty of the employer of a safety representative to permit him to take such time off from his work on the offshore installation without loss of pay during his working hours as is necessary–
a
for the purpose of performing his functions as a safety representative, and
b
to undertake training in accordance with regulation 27 below.
2
Where a safety representative is permitted to take time off in accordance with paragraph (1) above, his employer shall pay him–
a
where the safety representative’s remuneration for the work he would ordinarily have been doing during that time does not vary with the amount of work done, as if he had worked at that work for the whole of that time;
b
where the safety representative’s remuneration for that work varies with the amount of work done, an amount calculated by reference to the average hourly earnings for that work (ascertained in accordance with paragraph (3) below).
3
The average hourly earnings referred to in paragraph 2(b) above are the average hourly earnings of the safety representative concerned or, if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or, if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances.
4
Any payment to a safety representative by an employer in respect of a period of time off–
a
if it is a payment under any contractual obligation, shall go towards discharging the employer’s liability in respect of the same period under paragraph (2) above;
b
if it is a payment under paragraph (2) above, shall go towards discharging any liability of the employer to pay contractual remuneration in respect of the same period.
Training
27
It shall be the duty of the employer of a safety representative to ensure that he is provided with such training in aspects of the functions of a safety representative as may be reasonable in all the circumstances and the employer shall meet any reasonable costs associated with such training including travel and subsistence costs.
MISCELLANEOUS
Offences
28
1
If an installation owner, installation manager or employer fails to comply with an obligation imposed upon him by these Regulations he shall be guilty of an offence.
2
In proceedings for an offence under this regulation, it shall be a defence for the person charged to prove–
a
that he exercised all due diligence to prevent the commission of the offence; and
b
that the relevant failure to comply was committed without his consent connivance or wilful default.
Exercise of functions
29
No requirement imposed or power conferred upon any person by these Regulations shall be construed as requiring or empowering that person to disregard any requirement imposed upon him by or under any enactment.
Cecil Parkinson
Secretary of State for Energy
12th June 1989


text:
Citation, commencement and application
1
1
This Order may be cited as the Grants by Local Housing Authorities (Appropriate Percentage and Exchequer Contributions) Order 1989 and shall come into force on the day after the day on which it is made.
2
This Order applies to applications for intermediate and repairs grants made on or after the day on which it comes into force.
Appropriate percentage for intermediate or repairs grants
2
1
Subject to paragraph (4), in relation to an application for an intermediate grant in respect of a dwelling which is let or is to be let or available for letting, the appropriate percentage is 20 per cent.
2
Subject to paragraph (4), in relation to an application for a repairs grant where –
a
the relevant works include works required by a notice under section 189 or 190 (repair notices) of the Housing Act 1985 and the local housing authority are satisfied that the works are necessary for compliance with the notice; and
b
the dwelling in respect of which the application is made is let or is to be let or is available for letting,
the appropriate percentage is 20 per cent.
3
Subject to paragraph (4), in relation to an application for an intermediate grant or for a repairs grant to which paragraph (1) or (2) does not apply, the appropriate percentage is 75 per cent.
4
In relation to an application for an intermediate or repairs grant, where it appears to the local housing authority that the applicant would not without undue hardship be able to finance so much of the cost of the relevant works as is not met by the grant, the appropriate percentage shall be 90 per cent.
Contributions by the Secretary of State
3
With respect to applications for intermediate grant or repairs grant, the percentages specified in subsection (3) of section 516 of the Housing Act 1985 are varied in the following descriptions of cases –
a
in paragraph (a), by the substitution of 75 per cent in respect of cases to which article 2(1) or 2(2) applies;
b
in paragraph (b), by the substitution of 90 per cent in respect of cases to which article 2(3) or 2(4) applies.
Nicholas Ridley
Secretary of State for the Environment
10th January 1989
Peter Walker
Secretary of State for Wales
16th January 1989
We consent,
David Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury.
18th January 1989


text:
Citation and Commencement
1
This Order may be cited as the Home Purchase Assistance (Price-limits) Order 1989 and comes into force on 2nd March 1989.
Prescribed price-limits
2
The amounts mentioned in the Schedule to this Order are prescribed as the price-limits for the purposes of section 445 of the Housing Act 1985 or section 222 of the Housing (Scotland) Act 1987 (as the case may be) in respect of house property situated in the areas mentioned in relation thereto in that Schedule.
Revocation
3
The Home Purchase Assistance (Price-limits) Order 1988 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
30th January 1989
Wyn Roberts
Minster of State, Welsh Office
31st January 1989
Malcolm Rifkind
Secretary of State for Scotland
2nd February 1989


text:
1
These Regulations may be cited as the Recovery Vehicles (Prescribed Purposes) Regulations 1989 and shall come into force on 1st September 1989.
2
The Recovery Vehicles (Prescribed Purposes) Regulations 1987 are hereby revoked.
3
The purposes specified in Schedule 1 to these Regulations are hereby prescribed for the purposes of paragraph 8(2) of Part I of Schedule 3 to the Vehicles (Excise) Act 1971 (“the 1971 Act ”).
4
The purposes specified in Schedule 2 to these Regulations are hereby prescribed for the purposes of paragraph 8(3) of Part I of Schedule 3 to the 1971 Act.
5
In paragraph 2 of Schedule 1 the following expressions have the following meanings –
“local authority” means –
a
in relation to England, a district council, a London borough council or the Common Council of the City of London;
b
in relation to Scotland, an islands or district council; and
c
in relation to Wales, a district council;
“road” has the meaning given –
a
in relation to England and Wales by the Road Traffic Act 1988 ; and
b
in relation to Scotland by the Roads (Scotland) Act 1984 .
Signed by authority of the Secretary of State
Patrick Mcloughlin
Parliamentary Under Secretary of State,
Department of Transport
2nd August 1989