type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Erskine Bridge Regulations 1989 and shall come into force on 20th April 1989.
Revocation
2
The Erskine Bridge Regulations 1973( ) are hereby revoked.
Interpretation
3
In these Regulations unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say: —
“ the Act ” means the Erskine Bridge Tolls Act 1968;
“authorised officer” means an officer authorised by or on behalf of the Secretary of State to carry out duties on the specified roads for the time being on duty;
“breakdown” , in relation to a vehicle, has the same meaning as in section 7(8) of the Act;
“carriageways” means the parts of the specified roads reserved for the passage of vehicles;
“constable” means any constable (as defined by the Police (Scotland) Act 1967( ) of, or required for the time being to serve in, a police force maintained under the said Act for the police area in which the specified roads are situated;
“cycle” means a bicycle or tricycle not being a motor vehicle;
“cycle tracks” means the parts of the specified roads reserved for the passage of cycles;
“drive” , in relation to a vehicle, includes move, and “driver” and “driven” shall be construed accordingly;
“footways” means the parts of the specified roads over which the public has a right of passage on foot only;
“owner” in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement;
“public service vehicle” shall be construed in accordance with section 1 of the Public Passenger Vehicles Act 1981( );
“the relevant works” and “the specified roads” have respectively the meanings as in sections 4(6) and 1(3) of the Act;
“toll” means the appropriate toll payable under an order for the time being in force under section 2 of the Act; and payment of a toll shall include the surrender of cash, cheque or prepaid voucher;
“toll-booth” means one of the toll-booths situated as described in regulation 4 of these Regulations;
“vehicle” means a mechanically-propelled vehicle intended or adapted for use on roads.
Places at which tolls are to be paid
4
1
Unless otherwise directed by an authorised officer, all tolls leviable in respect of vehicles using the specified roads shall be paid at one of the toll-booths situated near the south end of the specified roads.
2
Unless otherwise directed by an authorised officer, every vehicle using the specified roads shall —
a
stop in such a position opposite a toll-booth as will enable the driver to pay any toll without leaving the vehicle, and
b
remain at rest until a visual signal is displayed at the toll-booth that the toll has been paid, or until an authorised officer permits or directs the vehicle to be driven off.
3
Where the said visual signal is so displayed but is extinguished or replaced by a red light before the vehicle has passed it, the driver shall not proceed, and shall comply with the provisions of sub-paragraph (b) of paragraph (2) of this regulation.
Person by whom, and manner in which tolls are to be paid
5
Unless otherwise directed by an authorised officer, the driver of every vehicle in respect of which a toll is to be levied shall pay the toll to the authorised officer on duty at one of the toll-booths.
6
No person shall obstruct, or interfere with, any action taken by an authorised officer under these Regulations for the purpose of securing that vehicles, in respect of which tolls are leviable, do not use the specified roads without payment of tolls.
Traffic directions given by authorised officers
7
Unless otherwise directed by an authorised officer, no person shall drive any vehicle or cause it to be driven into the lane alongside any toll-booth which is indicated by a barrier or other sign to be out of use.
8
Where it appears to an authorised officer necessary or expedient in connection with the levying of tolls to regulate traffic on the specified roads at or near the toll-booths, the driver of every vehicle shall comply with any direction of that authorised officer.
Notices near the toll-booths
9
The Secretary of State shall at all times display at each of the toll-booths a notice specifying the classes of vehicle in respect of which tolls are leviable, the amount of the toll in respect of each class of vehicle, and any other provisions for the time being in force in accordance with which the tolls are leviable.
Restriction on stopping on the specified roads
10
1
Subject to paragraph (2) below, no vehicle shall stop or remain at rest anywhere on the specified roads unless it is necessary for the vehicle to do so for any of the following reasons: —
a
the vehicle is obstructed by the presence of any other vehicle or any person or object; or
b
by reason of a breakdown of the vehicle; or
c
by reason of any accident, illness or other emergency; or
d
to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in sub-paragraph (c) of this paragraph.
2
The restrictions imposed by this regulation shall not apply in relation to
a
a vehicle stopping for the purpose of paying a toll or
b
a public service vehicle stopping at a stopping place approved by the Secretary of State for a period not longer than is necessary for the purpose of setting down and taking up passengers.
Removal of stationary vehicles
11
1
This regulation applies in relation to a vehicle which is for the time being at rest on the specified roads either in contravention of these Regulations or in any of the following circumstances, that is to say: —
a
where it is necessary for the vehicle to remain at rest by reason of breakdown;
b
where no person is for the time being in charge of the vehicle or the person in charge of it is not present in or on the vehicle.
2
Any vehicle to which this regulation applies is in these Regulations referred to as a “stationary vehicle” .
3
An authorised officer or a constable in uniform shall have the power to —
a
prohibit the carrying out of any repair which is likely to cause damage to the specified roads and
b
remove, or cause to be removed, any stationary vehicle from its position on the specified roads either to another position on those roads, or to the places provided for accommodating such vehicles.
4
No person shall obstruct or attempt to obstruct any action taken by an authorised officer or constable in uniform for the purposes of paragraph (3) of this regulation.
Prevention of damage
12
No person shall go upon, enter, interfere with, or use for any purpose any part of the relevant works (not being a part of the carriageways, the cycle tracks or the footways) so as to cause damage, or attempt so to go upon, enter, interfere with or use any such part as aforesaid.
13
No person shall (either from a vehicle or otherwise) throw or wilfully or negligently drop anything or allow anything to fall from any part of the relevant works so as to cause damage to another part of the relevant works.
14
No person shall —
a
by any action wilfully damage or, except with permission given by, or on behalf of, the Secretary of State, mark any part of the relevant works;
b
except with such permission, remove, or obscure any notices or signs placed on the relevant works in connection with the regulation of traffic, or with the levying of tolls; or
c
drive on the specified roads any vehicle fitted with metal tyres or having deflated tyres.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
26th February 1989


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Amendment) (No.2) Regulations 1989 and shall come into force on 31st December 1989.
2
1
Part I of Schedule 2 to the Motor Vehicles (Type Approval) Regulations 1980 is hereby amended as follows.
2
In column 2–
a
in item 1, there is added–
or
70/157/ EEC as amended by 73/350/EEC, 77/212/EEC, 81/334/EEC, 84/372/EEC, 84/424/EEC and 89/491/EEC 17 July 1989 OJ L238, 15.8.89, p. 43
;
b
in item 2, there is added–
or
70/220/EEC as amended by 74/290/EEC, 77/102/EEC, 78/665/EEC, 83/351/EEC, 88/76/EEC, 88/436/EEC and 89/458/EEC 18 July 1989 OJ L226, 3.8.89, p. 1
or
70/220/EEC as amended by 74/290/EEC, 77/102/EEC, 78/665/EEC, 83/351/EEC, 88/76/EEC, 88/436/EEC, 89/458/EEC and 89/491/EEC 17 July 1989 OJ L238, 15.8.89, p. 43
;
c
in item 10, there is added–
or
72/245/EEC as amended by 89/491/EEC 17 July 1989 OJ L238, 15.8.89, p. 43
;
d
in item 11, there is added–
or
72/306/EEC as amended by 89/491/EEC 17 July 1989 OJ L238, 15.8.89, p. 43
;
e
in item 22, there is added–
or
76/758/EEC as amended by 89/516/EEC 1 August 1989 OJ L265, 12.9.89, p. 1
;
f
in item 25, there is added–
or
76/761/EEC as amended by 89/517/EEC 1 August 1989 OJ L265, 12.9.89, p. 15
;
g
in item 28, there is added–
or
77/538/EEC as amended by 89/518/EEC 1 August 1989 OJ L265, 12.9.89, p. 24
;
h
in item 39, there is added–
or
80/1268/EEC as amended by 89/491/EEC 17 July 1989 OJ L238, 15.8.89, p. 43
;
i
in item 40, there is added–
or
80/1269/EEC as amended by 88/195/EEC and89/491/EEC 17 July 1989 OJ L238, 15.8.89, p. 43
.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
4th December 1989


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 6) Order 1989 and shall come into force on 13th December 1989.
2
The Export of Goods (Control) Order 1987 shall be amended as follows:
In Group 3I of Part II of Schedule 1, in the unnumbered entry Chemicals (after entry IL 1781 (synthetic lubricating oil and greases)):
a
for the letters “I, L, Y” in heads (1), (2), (10) and (14), there shall be substituted the letter “A”; and
b
at the end there shall be inserted the following additional head:
15
Tris-ethanolamine A
Eric Beston
An Assistant Secretary,
Department of Trade and Industry
7th December 1989


text:
1
This Order may be cited as the Finance Act 1989 (Repeal of Tithe Redemption Enactments) (Appointed Day) Order 1989.
2
The day appointed for the repeal of the enactments specified in Part XIV of Schedule 17 to the Finance Act 1989, other than section 27 in Part II of the Tithe Act 1936 , is 30th September 1989.
Stephen Dorrell
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
28th September 1989


text:
Citation and commencement
1
1
This order may be cited as the Welsh Water Authority (Pendine Water Supply) Order 1989 and shall come into force on 31st August 1989.
2
This order shall be included among the enactments which may be cited together as the Welsh Water Authority Orders 1976 to 1989.
Interpretation
2
In this order:–
“the Authority” means the Welsh Water Authority;
“the deposited plans” means the two plans prepared in duplicate signed by the authority of the Secretary of State, numbered 1 and 2 respectively and marked“Plan referred to in the Welsh Water Authority (Pendine Water Supply) Order 1989” one duplicate of each of which is deposited and available for inspection at the offices of the Authority at Cambrian Way, Brecon and the other at the Welsh Office, Cathays Park, Cardiff;
“the undertaking” means the water undertaking of the Authority as from time to time authorised by any enactment.
Power to acquire waterworks
3
1
The Authority may acquire by agreement and thereafter continue and maintain–
a
the service reservoir shown coloured green on number 1 of the deposited plans; and
b
the mains, pipes and apparatus the approximate lines and positions of which are shown by blue lines on numbers 1 and 2 of the deposited plans.
2
The said service reservoir, mains, pipes and apparatus when acquired by the Authority shall for all purposes form part of the undertaking.
Signed by authority of the Secretary of State
Alwyn H. H. Jones
An Assistant Secretary, Welsh Office
31st August 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the main new trunk road with other highways at the places stated in the Schedule (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the slip roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order:–
i
“the main new trunk road” has the meaning given in article 1 of The (A453) North East of Birmingham–Nottingham Trunk Road The Birmingham–Nottingham Route (A42 Ashby-de-la-Zouch to Kegworth Section) Order 1986 ;
ii
“the deposited plan” means the plan numbered HA10/EM44 marked “The (A453) North East of Birmingham– Nottingham Trunk Road The Birmingham– Nottingham Route (A42 Ashby-de-la-Zouch to Kegworth Section Slip Roads) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
5
This Order shall come into force on 3rd March 1989 and may be cited as the (A453) North East of Birmingham–Nottingham Trunk Road The Birmingham–Nottingham Route (A42 Ashby-de-la-Zouch to Kegworth Section Slip Roads) Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
14th February 1989


text:
Citation and commencement
1
This Order may be cited as the Secondary Examinations Council (Designation of Staff) Order 1989, and shall come into force on 7th March 1989.
Designation of staff to be transferred from existing body
2
The employees of the Secondary Examinations Council who are named below are designated as respects the School Examinations and Assessment Council:
Browne, Frances Claire
Scruton, Paul
Wilson, Patricia Ann.
Kenneth Baker
Secretary of State for Education and Science
9th February 1989


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment No. 3 Order 1989 and shall come into force on 2nd October 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 30th July 1989; 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 8th January 1989.
.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendment No. 2 Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th September 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
1
This Order may be cited as the Yarmouth (Isle of Wight) Harbour Revision Order 1989 and shall come into force on 1st June 1989.
2
The Yarmouth (Isle of Wight) Harbour Orders 1931 to 1985 and this Order may be cited as the Yarmouth (Isle of Wight) Harbour Orders 1931 to 1989.
Increase in borrowing powers
2
1
In section 36 of the Yarmouth (Isle of Wight) Pier and Harbour Order 1931 (borrowing powers), as substituted by article 2 of the Yarmouth (Isle of Wight) Harbour Revision Order 1980 , in subsection (1)(a), for “two hundred and fifty thousand” there shall be substituted “three million”.
2
In section 37 of the said Order of 1931 (temporary borrowing), as substituted by the said article 2, for “one hundred thousand” there shall be substituted “three hundred thousand”.
Penalty for evading payment of charges
3
In article 15 of the Yarmouth (Isle of Wight) Harbour Revision Order 1971 (penalty for evading payment of charges), the words “on summary conviction” and “or £100, whichever is the less” shall be omitted and after the word “them” there shall be inserted “in the same manner as penalties imposed by the Harbours, Docks and Piers Clauses Act 1847 may be recovered or by action”.
Penalty for contravention, etc. of byelaws
4
In article 18 of the Yarmouth (Isle of Wight) Harbour Revision Order 1971 (byelaws) in paragraph (2)–
a
for “£5” there shall be substituted “£50”; and
b
the Proviso shall cease to have effect.
Signed by authority of the Secretary of State
J. D. Noulton
An Under Secretary in the
Department of Transport
17th May 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Severn-Trent Water Authority (Bradmer Hill and Budby Boreholes) Order 1989 and shall come into force on the 3rd August 1989.
2
This Order shall be included among the enactments which may be cited together as the Severn-Trent Water Authority Acts and Orders 1974 to 1989.
3
In this Order –
“the Authority” means the Severn-Trent 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 Severn-Trent Water Authority (Bradmer Hill and Budby Boreholes) Order 1989”, one duplicate of which is deposited and available for inspection at the principal office 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, on or under the land described in Schedule 1 to this Order–
a
continue and maintain the existing boreholes in the locations marked on the deposited plan;
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 pumping stations, wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of those 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
2nd August 1989


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment No. 2 Order 1989 and shall come into force on 17th April 1989.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on–
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 8th January 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph–
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 8th January 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 31st July 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 2nd October 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which–
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 9th January 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th April 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food


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 new trunk road is opened for the purposes of through traffic.
4
The length of the trunk road which is described in Schedule 2 to this Order and is shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Norfolk that the new trunk road is open for through traffic.
5
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”means the plan numbered HA10 2E 291 marked“The London–King’s Lynn Trunk Road (A10) (Brandon Creek – Southery Improvement) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”means the highway mentioned in article 1 of this Order;
iii
“the trunk road”means the London–King’s Lynn Trunk Road (A10).
6
This Order shall come into force on 28th November 1989 and may be cited as the London–King’s Lynn Trunk Road (A10) (Brandon Creek – Southery Improvement) Order 1989.
Signed by authority of the Secretary of State
Alan Whitfield
Regional Director Eastern Region
Department of Transport
3rd November 1989


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1989 and shall come into force on 25th August 1989.
Amendment of Regulations
2
1
The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 shall be amended in accordance with the following paragraphs of this regulation.
2
For regulation 25 there shall be substituted the following regulation:–
Terms of service
25
1
The arrangements made by a Committee under section 41 of the National Health Service Act 1977 shall include arrangements for–
a
the supply of contraceptive substances and appliances;
b
the provision of oxygen concentrator services in accordance with regulation 26D;
c
the provision of supplemental services.
2
The arrangements referred to in paragraph (1) shall incorporate the terms of service.
3
In this Part of these Regulations“supplemental services” means–
a
where a pharmacist regularly supplies drugs to persons resident in a home registered under the Registered Homes Act 1984 , the giving of advice by him following a visit to that home in connection with procedures there for the safe keeping and correct administration of those drugs;
b
the keeping of records of visits made to the homes referred to in sub-paragraph (a) above;
c
the keeping of records in connection with drugs supplied to any person–
i
who claims exemption under regulation 6(1)(c) of the National Health Service (Charges for Drugs and Appliances) Regulations 1989 (remission from charges for drugs and appliances), or
ii
who, in the opinion of the pharmacist supplying the drug, is likely to have difficulty understanding the nature and dosage of the drug supplied and the times at which it is to be taken, in circumstances where the nature of the drug is such that, in the opinion of the pharmacist supplying it, the same or a similar drug is likely to be prescribed for that person regularly on future occasions.
4
In this regulation–
a
“pharmacist” means a registered pharmaceutical chemist who–
i
is included in a pharmaceutical list prepared by the Committee under regulation 26(1)(a); or
ii
is employed by a person (including a body corporate) who is so included;
b
“records” shall include–
i
in the case of those kept for the purposes of paragraph (3)(b), a record of the name and address of the home, of the date of each visit by the pharmacist, and of the nature of any advice given by him in the course of the visit,
ii
in the case of those kept for the purposes of paragraph (3)(c), a record of the name and address of the person to whom the drug is supplied, of the name, quantity and dosage of the drug supplied, and of the date on which it is supplied.
.
3
In regulation 26(1), after sub-paragraph (c) there shall be added the following sub-paragraph–
d
who have undertaken to provide supplemental services,
.
4
In Schedule 3 (list of prescribed medical certificates) after item 13 there shall be added the following item:–
14
To support a claim by or on behalf of a severely mentally impaired person for exemption from liability to pay the personal community charge.
Local Government Finance Act 1988 (c. 41)
5
In Part I of Schedule 4 (terms of service for chemists), after paragraph 7 there shall be inserted the following paragraph–
7A
A chemist who has undertaken to provide supplemental services within the meaning of paragraph (3) of regulation 25 shall on request make available to the Committee all records kept in accordance with sub-paragraphs (b) and (c) of that paragraph.
.
6
In Part II of Schedule 4 (form of application pursuant to regulation 26(2)) for the words in brackets in paragraph 7 there shall be substituted the following words:
(To be completed by all applicants except those applying under paragraph 1(c) above for approval of a minor relocation and those proposing to provide services from premises from which the services listed in paragraph 6 above are already provided.)
.
7
In paragraph 14 of Schedule 4C (determination of appeals by Appeal Panel)–
a
in sub-paragraph (1) for the words“paragraph (2) and (4)” there shall be substituted the words“paragraph 2(2), (3) and (4)”;
b
in sub-paragraph (4), for the words“paragraph (1) of this Schedule” there shall be substituted the words“paragraph 1(1) of this Schedule”.
Signed by authority of the Secretary of State for Health.
Roger Freeman
Parliamentary Under Secretary of State,
Department of Health
3rd August 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (Bircham Newton Borehole) Order 1989 and shall come into force on the 26th January 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 (Bircham Newton 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 borehole and pumping station;
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 borehole and pumping station.
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
25th January 1989


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1989 and shall come into force on 6th April 1989.
Amendment to Regulations
2
In regulation 98 of the Social Security (Contributions) Regulations 1979 (modification of provisions of the Social Security Act 1975 in relation to share fishermen), in paragraph (c) (weekly rate of any Class 2 contributions payable by share fishermen) for “£6.55” there shall be substituted “£5.80”.
Signed by authority of the Secretary of State for Social security.
Nicholas Scott
Minister of State,
Department of Social Security
21st March 1989
Alan Howarth
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 1989


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1989, shall come into force for the purposes of this article and articles 3 and 5 on 1st April 1989 and for all other purposes on 10th April 1989.
2
In this Order, the expression “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,404” there shall be substituted the amount “£1,482”.
Amendment of article 31 of the principal Order
3
At the end of paragraph (1) of article 31 of the principal Order (Rent allowance to widows, and unmarried dependants who lived as wives, who have children) there shall be added the words “and to any community charge payable by her.”.
Amendment of Schedules to the principal Order
4
1
In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)–
a
for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 hereto;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;
c
for Part IV there shall be substituted the Part set out in Schedule 5 hereto.
2
In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)–
a
for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 hereto;
b
for the amount “£2,789” in the second column of Table 1B of Part II there shall be substituted the amount “£2,954”;
c
for the amounts “£53.50” and “£12.35” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£56.65” and “£13.08”;
d
for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;
e
for Part III there shall be substituted the Part set out in Schedule 8 hereto.
Amendment of Schedule 4 to the principal Order
5
In Part II of Schedule 4 to the principal Order, in column (3) of item 45 (meaning of the expression “public funds”) after paragraph (c) there shall be inserted the following paragraph–
cc
moneys provided under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ; or
.
G. I. de Deney
Clerk of the Privy Council


text:
1
The Rochdale Borough Council (A627(M) Rochdale — Lancashire/Yorkshire Motorway (M62) — Oldham Special Roads) Revocation Scheme 1989 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, as modified, and accompanying plan, are deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY, at the office of the Department of Transport, North West Regional Office, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE, at the offices of the Rochdale Metropolitan Borough Council, Town Hall, The Esplanade, Rochdale; and at the offices of the Director of Legal Services, Oldham Metropolitan Borough Council, Civic Centre, West Street, Oldham.
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 Rochdale Borough Council (A627(M) Rochdale — Lancashire/Yorkshire Motorway (M62) — Oldham Special Roads) Revocation Scheme 1989 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
20th December 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the schedule to this order shall become a trunk road as from the date when this order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any 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 purposes of through traffic.
4
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA10 2WM/142 marked “The A5 Trunk Road (Shrawardine Turn) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this order;
iii
“the trunk road”
means the London to Holyhead Trunk Road (A5).
5
This Order shall come into force on 20th October 1989 and may be cited as The A5 Trunk Road (Shrawardine Turn) Order 1989.
Signed by authority of the Secretary of State
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
18th September 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 principal road as from the date on which the new trunk road is open for through traffic.
2
In this Order:–
1
the measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan” means the plan numbered HA/10/1/CNW222 marked “The A523 Trunk Road Hazel Grove (Detrunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the special road to be provided by the Secretary of State in pursuance of the A6(M) Motorway (Stockport North-South Bypass) and Connecting Roads Scheme 1989 ;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 22nd September 1989 and may be cited as the A523 Trunk Road, Hazel Grove (Detrunking) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
25th August 1989


text:
Title and commencement
1
These Regulations may be cited as the Tetrachloroethylene in Olive Oil Regulations 1989 and shall come into force on 30th June 1989.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Act 1984;
“the Commission Regulation” means Commission Regulation ( EEC ) No. 1860/88 establishing special marketing standards for olive oil;
“the Council Regulation” means Council Regulation No. 136/66/EEC on the establishment of a common organisation of the market in oils and fats as amended in particular by Council Regulation (EEC) No. 1915/87 ;
“oil” means any olive oil and olive-pomace oil referred to in Article 35 of the Council Regulation and described and defined in the Annex to that Regulation;
“sell” includes offer or expose for sale or have in possession for sale, and
“sale” and “sold” shall be construed accordingly.
Offence relating to tetrachloroethylene in olive oil
3
1
Subject to paragraph (2) of this regulation, a person who contravenes Article 1 of the Commission Regulation (which prohibits the retail sale of oil with a tetrachloro-ethylene content of more than 0.1 milligram per kilogram) commits an offence under this regulation.
2
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding £2,000.
3
Each food and drugs authority shall enforce and execute such provisions in its area.
Method of analysis
4
1
The method of analysis to be used to determine the tetrachloroethylene content of oil shall be that set out in Annex X to Commission Regulation (EEC) No. 1058/77 (concerning the characteristics of olive oil) and evidence of an analysis carried out by that method shall, where any other method is used in accordance with paragraph (2) below, be preferred to evidence of that other method.
2
Until 31st October 1989 any other method of analysis may be used which —
a
is sufficiently accurate and precise to determine that the tetrachloroethylene content of oil does not exceed the specified content of 0.1 milligram per kilogram, and
b
before its use, has been communicated to the Commission by the United Kingdom authorities or, where appropriate, by any other Member State.
Application of various provisions of the Act
5
1
Without prejudice to the provisions of the Act which specifically apply in respect of Regulations made thereunder and subject to paragraph (2) of this regulation, the following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations —
a
section 95(5) and (6) (which relates to prosecutions);
b
section 97(1), (2) and (3) (which relates to evidence of analysis);
c
section 99 (which relates to analysis by the Government Chemist);
d
section 100 (which relates to a contravention due to another’s fault);
e
section 102(2) (which relates to a warranty pleaded as a defence);
f
section 103 (which relates to offences as to warranties and certificates of analysis).
2
Section 99 of the Act shall apply for the purposes of these Regulations as if the reference therein to section 95(6) of the Act included a reference to that subsection as applied by paragraph (1) of this regulation.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th May 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
22nd May 1989
Peter Walker
Secretary of State for Wales
16th May 1989


text:
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) (No.2) Regulations 1989 and shall come into force on 1st January 1990.
2
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 1983 shall be amended by the deletion of the reference to the Agreement dated 9th April 1980 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Ireland on the International Carriages of Goods by Road in Schedule 1 to the said Regulations.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
21st November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Personal Community Charge (Students) Regulations 1989 and shall come into force on 1st October 1989.
Interpretation
2
1
In regulations 2 to 5–
“full-time course of education” means (subject to paragraph (3)) a course of education–
a
which subsists for at least one academic year of the educational establishment concerned or, in the case of an educational establishment which does not have academic years, for at least one calendar year,
b
which persons undertaking it are normally required by the educational establishment concerned to attend (whether at premises of the establishment or otherwise) for periods of at least 24 weeks in each academic or calendar year (as the case may be) during which it subsists, and
c
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each such academic or calendar year to an average of at least 21 hours a week as respects the periods of attendance mentioned in paragraph (b) above for the year;
“further education” with respect to an educational establishment in England or Wales has the same meaning as in the Education Act 1944 , with respect to an educational establishment in Scotland has the same meaning as in the Education (Scotland) Act 1980 , and with respect to an educational establishment in Northern Ireland has the same meaning as in article 5(c) of the Education and Libraries (Northern Ireland) Order 1986 ;
“higher education” has the same meaning as in the Education Reform Act 1988 ; and
“relevant educational establishment” means–
a university (including a constituent college, school or other institution of a university);
an institution in England or Wales providing further or higher education which is (within the meaning of the Education Act 1944 ) maintained or assisted by a local education authority, or which is in receipt of grants made under regulations under section 100 of that Act ;
a central institution or college of education in Scotland within the meaning of the Education (Scotland) Act 1980 ;
a college of education in Northern Ireland within the meaning of the Education and Libraries (Northern Ireland) Order 1986 ;
an institution within the PCFC funding sector for the purposes of the Education Reform Act 1988 ;
a theological college;
any other institution in England or Wales established solely or mainly for the purpose of providing courses of further or higher education;
any other institution in Scotland or Northern Ireland established solely or mainly for the purpose of providing courses of further education.
2
In determining whether a course falls within the definition of “full-time course of education” in paragraph (1)–
a
in applying paragraph (c) of that definition, a person is to be treated as undertaking work experience at any time if, as part of the curriculum of the course–
i
he is at a place of employment of his and is providing services under his contract of employment, or
ii
he is at a place where a trade, business, profession or other occupation which is relevant to the subject matter of the course is carried on, and he is there for the purposes of gaining experience of that trade, business, profession or other occupation,
and references in paragraph (3) below to periods of work experience shall be construed accordingly;
b
where the educational establishment concerned does not have academic years, in applying paragraphs (b) and (c) of that definition, the first calendar year shall be treated as beginning with the day on which the course begins, and subsequent calendar years (if any) as beginning on the anniversary of that day;
c
in applying those paragraphs to a course which begins part-way through an academic year of the educational establishment concerned, the academic year shall be treated as beginning at the beginning of the academic term in which the course begins, and subsequent academic years (if any) as beginning at the beginning of the equivalent term in those years; and
d
in applying those paragraphs to a course which subsists (or is treated as subsisting) for other than a number of complete academic or calendar years (as the case may be), any last part year of the course shall be disregarded.
3
But a course of education is not to be treated as a full-time course of education for the purposes of regulations 3 to 5 if the aggregate for the course as a whole of all the periods of work experience a person undertaking it would normally require to undertake as mentioned in paragraph (c) of the definition of “full-time course of education” above exceeds the aggregate of all the periods of study or tuition not constituting work experience he would so normally require to undertake (counting for this purpose any period of study, tuition or work experience in a part year which might otherwise fall to be disregarded under paragraph (2)(d)).
4
A person is to be treated as ceasing to undertake a course of education for the purposes of these Regulations if he has completed it, abandoned it or is no longer permitted by the educational establishment to attend it.
Persons undertaking full-time courses of education
3
1
The conditions mentioned in paragraph (2) are prescribed for the purposes of section 30(1) of the Local Government Finance Act 1988 (so that a person is to be treated as undertaking a full-time course of education on a particular day for the purposes of Part I of that Act if, and only if, he fulfils those conditions).
2
The conditions are that–
a
on the day the person is enrolled with a relevant educational establishment for the purpose of attending a full-time course of education,
b
the day falls within the period beginning with the day on which he begins the course and ending with the day on which he ceases to undertake it (which period includes any periods of vacation between academic terms and before he ceases to undertake the course), and
c
if the relevant educational establishment is in England or Wales, he is issued in respect of the day with a certificate supplied under regulation 4 indicating that the day falls within the period beginning with the day which is stated in the certificate as the day on which the course begins and ending with the day which is stated as the day on which it will (or is expected to) cease.
Certification officers
4
1
The individual having responsibility for registering the enrolment of students to courses of education provided by an educational establishment which is a relevant educational establishment in England or Wales shall be the certification officer as regards that establishment.
2
A certification officer shall supply to a person who is pursuing or about to pursue a full-time course of education at the establishment as regards which he is the certification officer a certificate–
a
in the case of an establishment in England, in the form set out in Part I of the Schedule, or
b
in the case of an establishment in Wales, in the form set out in Part II of the Schedule,
stating the name of the establishment and the date on which the course begins and on which it will (or is expected to) cease.
3
A certificate shall be supplied within 21 days of the day on which the certification officer registers the enrolment of the person to the course of education, of the day on which the date that the course begins is determined or of the day on which these Regulations come into force, whichever is the later; and a fresh certificate shall be issued if the expected date of cessation stated in the certificate proves to be inaccurate within 21 days of the day on which the inaccuracy comes to the knowledge of the certification officer.
4
The failure to supply a certificate to a person in accordance with this regulation is actionable by the person concerned as a breach of statutory duty.
Information from certification officers
5
1
The registration officer for a charging authority may, for the purpose of carrying out his functions under Part I of the Local Government Finance Act 1988, request (by notice given in writing) a certification officer to supply to him such information as is mentioned in paragraph (2).
2
The information is–
a
the name of each person who (on the day the request is made) is undertaking a full-time course of education at the educational establishment of the certification officer and has his sole or main residence in the area of the charging authority, and
b
the address of the sole or main residence of each such person.
3
Information requested under paragraph (1) shall be supplied by the certification officer if it is in his possession or control and shall be so supplied within 21 days of the day on which the request is made.
4
For the purposes of this regulation–
a
a certification officer is an individual who is a certification officer by virtue of regulation 4, and
b
the educational establishment of a certification officer is the educational establishment as regards which he is the certification officer.
Nursing education
6
1
Pursuant to section 30(3) of the Local Government Finance Act 1988, in the opinion of the Secretary of State a course constitutes a full-time course of nursing education if it is a course–
a
which would (if successfully completed) lead to the person undertaking it being registered on a part of the register maintained under section 10(1) of the Nurses, Midwives and Health Visitors Act 1979 , or which is undertaken by persons so registered with a view to the recording of an additional qualification on the register in accordance with rules made under section 10(3)(a) of that Act;
b
which subsists for at least one academic year of the educational establishment providing it or, in the case of an establishment which does not have academic years, for at least one calendar year;
c
which persons undertaking it are normally required by the educational establishment concerned to attend (whether at premises of the establishment or otherwise) for periods of at least 24 weeks in each academic or calendar year (as the case may be) during which it subsists; and
d
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or other training (including work experience) which together amount in each such academic or calendar year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (c) for the year.
2
Regulation 2(2) shall apply to paragraph (1) above as if references to paragraphs (b) or (c) of the definition of “full-time course of education” were references to sub-paragraphs (c) or (d) respectively of paragraph (1) above.
3
Notwithstanding this regulation, a person is to be treated as undertaking a full-time course of education for the purposes of Part I of the Local Government Finance Act 1988 only if he is to be so treated by virtue of regulation 3.
Nicholas Ridley
Secretary of State for the Environment
9th March 1989
Peter Walker
Secretary of State for Wales
12th March 1989


text:
Title and commencement
1
This Order may be cited as the Grampian and Highland Regions and Moray and Badenoch and Strathspey Districts (Dava/Aitnoch Farm) Boundaries Amendment Order 1989, and shall come into force on 1st April 1989.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office marked “The Grampian and Highland Regions and Moray and Badenoch and Strathspey Districts (Dava/Aitnoch Farm) Boundaries Amendment Order 1989 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
Save insofar as they can have no application in relation to the area changes affected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Part of Badenoch and Strathspey District in Highland Region, being the Area A described in the Schedule to this Order and shown delineated, hatched and marked “Area A” on the boundary map, shall be transferred to Moray District in Grampian Region.
2
Part of Moray District in Grampian Region, being the Area B described in the Schedule to this Order and shown delineated, hatched and marked “Area B” on the boundary map, shall be transferred to Badenoch and Strathspey District in Highland Region.
Consequential changes of electoral arrangements
5
1
Area A described in the Schedule to this Order (being the Area A transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 43 (Strathspey) of Highland Region( ) and of ward 3 of Badenoch and Strathspey District( ); and
b
shall form part of electoral division 3 (Ernedal) of Grampian Region( ) and of ward 6 (Findhorn Valley) of Moray District( ).
2
Area B described in the Schedule to this Order (being the Area B transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 3 (Ernedal) of Grampian Region and of ward 6 (Findhorn Valley) of Moray District; and
b
shall form part of electoral division 43 (Strathspey) of Highland Region and of ward 3 of Badenoch and Strathspey District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
1st March 1989


text:
1
This Order may be cited as the Education (Higher Education Corporations) (No. 6) Order 1989 and shall come into force on 1st January 1990.
2
There shall be established, as from 1st January 1990, a body corporate by the name of the Harrow College of Higher Education to conduct, as from 1st April 1990, the institution known by that name, being an institution which appears to the Secretary of State to satisfy the criteria set out in section 122(1) of the Education Reform Act 1988 and whose full-time equivalent enrolment number for courses of higher education appears to him to exceed 350.
3
1st April 1990 is hereby appointed as the transfer date for the said corporation for the purposes of section 126 of that Act.
4
The London Borough of Harrow is hereby specified as the local authority entitled to nominate one local authority nominee as an initial nominee member of the said corporation.
John MacGregor
Secretary of State for Education and Science
1st December 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1989.
2
These Regulations shall come into force–
a
for the purposes of regulations 1, 5(c), 6, 7, 14, 16, 18, 21(a) (to the extent that it relates to paragraph 11 of Schedule 1) and 24(3), on 7th November 1989;
b
for the purposes of regulation 23, on 1st December 1989;
c
for the purposes of regulations 3(b) (to the extent that it relates to paragraph 25 of Schedule 1, and to Schedule 1C, to the principal Regulations ), 4 (to the extent that it inserts regulations 3A(1) to (10) and (16) and 3B(1) to (10) and (16) into the principal Regulations), 21(a) (to the extent that it relates to paragraph 9 of Schedule 1) and (c) and 22 (to the extent that it relates to Schedule 6), on 1st January 1990;
d
for all other purposes, on 1st April 1990.
3
In these Regulations “the principal Regulations” means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation)–
a
the following definitions shall be inserted at the appropriate places in the alphabetical order–
“child” means a person who has not attained the age of 16 years;
“child health surveillance list” shall be construed in accordance with regulation 3A(1);
“child health surveillance services” means the personal medical services described in paragraph 9B of the terms of service and Schedule 1A to these Regulations;
“domiciliary visit” means a visit to either the place where the patient resides or the place, other than the doctor’s practice premises, where the doctor is obliged, pursuant to paragraph 13A of the terms of service, to render personal medical services to the patient;
“group practice” means an association of not less than two doctors both or all of whom–
have their names included in the Committee’s medical list;
co-ordinate, in the course of regular contact between them, their respective obligations under the terms of service for doctors to provide personal medical services to their patients; and
conduct and manage their practices from at least one common set of practice premises;
“Local Directory” means the Local Directory of Family Doctors maintained by a Committee pursuant to regulation 5A;
“medical records” means, in relation to any patient, the records maintained in respect of that patient pursuant to paragraph 30 of the terms of service;
“minor surgery list” shall be construed in accordance with regulation 3B(1);
“minor surgery services” means the personal medical services described in paragraph 9C of the terms of service and Schedule 1B to these Regulations;
“parent” includes any adult person who, in the opinion of the doctor, is for the time being fulfilling the obligations normally attaching to a parent in respect of his child;
“practice premises” means, in relation to any doctor, the premises at which he is obliged under the terms of service to attend at specified times in order to be consulted by, or to provide treatment or services for, his patients;
“restricted list principal” means a doctor who has undertaken to provide general medical services only to a restricted category of patients identified by reference to their connection with a particular establishment or organisation;
“restricted services principal” means a doctor who has undertaken to the Committee to provide general medical services limited to–
child health surveillance services;
contraceptive services;
maternity medical services; or
minor surgery services,
or to any combination of the above;
“the Tribunal” means the Tribunal constituted under section 46 of the National Health Service Act 1977 ;
;
b
in the definition of “treatment”–
i
for the words “contraceptive services or maternity medical services” there shall be substituted the words “child health surveillance services, contraceptive services, maternity medical services or minor surgery services”,
ii
for the word “woman” there shall be substituted the word “person”.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (scope of services)–
a
after sub-paragraph (b) there shall be inserted the following sub-paragraph:–
bb
the provision by doctors of child health surveillance services and minor surgery services;
;
b
in paragraph (2) after the words “terms of service” there shall be added the words “, and Schedules 1C, 1D and 1E to these Regulations shall have effect for the purposes of paragraphs 25, 38B and 43A respectively of the terms of service.”.
Insertion of new regulations 3A and 3B into the principal Regulations
4
After regulation 3 of the principal Regulations there shall be inserted the following regulations:–
Child health surveillance list
3A
1
The Committee shall, on and after 1st April 1990, maintain a list (in these Regulations referred to as “a child health surveillance list”) of the names of those doctors who have satisfied the Committee or, on appeal, the Secretary of State, in accordance with the following provisions of this regulation, that they have such medical experience and training as are necessary to enable them properly to provide child health surveillance services.
2
A doctor may apply, in accordance with paragraph (3), to a Committee for the inclusion of his name in the child health surveillance list required to be maintained by that Committee.
3
An application for the purpose of paragraph (2) shall be made in writing and shall include the information specified in Part IV of Schedule 1 to these Regulations.
4
Unless the doctor otherwise agrees, the Committee shall determine an application made in accordance with paragraph (3) within 2 months of receiving it.
5
The Committee may, if it thinks fit, hold an oral hearing of any application and shall not refuse an application without giving the doctor an opportunity of an oral hearing.
6
When determining an application the Committee shall have regard in particular to–
a
any training undertaken by the doctor; and
b
any medical experience gained by him,
during the period of five years immediately preceding the date of the application, which is relevant to the provision of child health surveillance services, and shall seek and take into account any medical advice it considers necessary to enable it to determine the application.
7
The Committee shall determine an application by either–
a
granting the application; or
b
refusing the application.
8
The Committee shall give notice in writing to the doctor of its determination and shall–
a
where it refuses the application, inform him of the reasons for the determination and of his right of appeal under paragraph (9);
b
where it grants the application, include the doctor’s name in its child health surveillance list.
9
If an application is refused the doctor may appeal in writing to the Secretary of State within 90 days of receiving notice in writing of the Committee’s determination.
10
On any appeal pursuant to paragraph (9), the Secretary of State–
a
may, if he thinks fit, hold an oral hearing of the appeal;
b
in determining the appeal, shall either confirm or reverse the determination of the Committee;
c
where he reverses the determination of the Committee, shall direct that the Committee include the doctor’s name in its child health surveillance list.
11
Subject to paragraphs (12) to (16), a doctor’s name may be removed by the Committee from the child health surveillance list only if–
a
it has been removed from the medical list of any Committee pursuant to regulation 5(1) or 5B;
b
the Committee has determined that the doctor has not provided child health surveillance services at any time during the past 5 years;
c
the Committee has determined that the doctor has, in relation to any patient in respect of whom he has undertaken to provide child health surveillance services, failed, in a material respect, to comply with any requirement of paragraph 9B of the terms of service or Schedule 1A to these Regulations; or
d
the Committee has determined that the doctor is no longer able to provide child health surveillance services.
12
Before making any determination under sub-paragraph (b), (c) or (d) of paragraph (11) the Committee shall–
a
give the doctor 28 days' written notice of its intention to do so, and
b
afford the doctor an opportunity of making representations in writing or, if he so desires, orally to the Committee.
13
Where the Committee makes a determination under sub-paragraph (b), (c) or (d) of paragraph (11), it shall send to the doctor a notice which shall include a statement–
a
to the effect that, subject to any appeal under paragraph (14), the doctor’s name will, after 28 days from the date of notice, be removed from the child health surveillance list maintained by the Committee;
b
of the Committee’s reasons for its determination; and
c
of the doctor’s right of appeal under paragraph (14).
14
A doctor who has received a notice sent in accordance with paragraph (13) may, within 21 days of receiving it, appeal to the Secretary of State against the determination of the Committee, and pending the determination of the appeal the Committee shall not remove his name from the child health surveillance list.
15
An appeal to the Secretary of State shall be made in writing and shall include a statement of the facts and contentions on which the doctor intends to rely; and on any such appeal the Secretary of State shall, if he allows the appeal, direct that the Committee shall not remove the doctor’s name from the child health surveillance list.
16
The Committee shall comply with any direction given to it under this regulation.
Minor surgery list
3B
1
The Committee shall, on and after 1st April 1990 maintain a list (in these Regulations referred to as “the minor surgery list”) of the names of those doctors who have satisfied the Committee or, on appeal, the Secretary of State in accordance with the following provisions of this regulation that they have such medical experience, training and facilities as are necessary to enable them properly to provide minor surgery services.
2
A doctor may apply, in accordance with paragraph (3), to a Committee for the inclusion of his name in the minor surgery list required to be maintained by that Committee.
3
An application for the purpose of paragraph (2) shall be made in writing and shall include the information specified in Part V of Schedule 1 to these Regulations.
4
Unless the doctor otherwise agrees, the Committee shall determine an application made in accordance with paragraph (3) within 2 months of receiving it.
5
The Committee may, if it thinks fit, hold an oral hearing of any application and shall not refuse an application without giving the doctor an opportunity of an oral hearing.
6
When determining an application the Committee shall have regard in particular–
a
for the purpose of assessing the doctor’s medical experience, to any–
i
postgraduate qualification held by him,
ii
training undertaken by him; and
iii
medical experience gained by him,
during the period of five years immediately preceding the date of the application, which is relevant to the provision of minor surgery services;
b
for the purpose of assessing the doctor’s facilities, to the premises and the equipment to be used by the doctor in the provision of minor surgery services,
and shall seek and take into account any medical advice it considers necessary to enable it to determine the application.
7
The Committee shall determine an application by either–
a
granting the application; or
b
refusing the application.
8
The Committee shall inform the doctor in writing of its determination and shall–
a
where it refuses the application, give notice in writing to him of the reasons for the determination and of his right of appeal under paragraph (9);
b
where it grants the application, include the doctor’s name in its minor surgery list.
9
If an application is refused the doctor may appeal in writing to the Secretary of State within 90 days of receiving notice in writing of the Committee’s determination.
10
On any appeal pursuant to paragraph (9), the Secretary of State–
a
may, if he thinks fit, hold an oral hearing of the appeal;
b
in determining the appeal, shall either confirm or reverse the determination of the Committee;
c
where he reverses the determination of the Committee, shall direct that the Committee include the doctor’s name in its minor surgery list.
11
Subject to paragraphs (12) to (16), a doctor’s name may be removed from the minor surgery list only if–
a
it has been removed from the medical list of any Committee pursuant to regulation 5(1) or 5B;
b
the Committee has determined that the doctor has not provided minor surgery services at any time during the past 5 years;
c
the Committee has determined that the doctor has, in relation to any patient in respect of whom he has undertaken to provide minor surgery services, failed, in a material respect, to comply with any requirement of paragraph 9C of the terms of service or Schedule 1B to these Regulations; or
d
the Committee has determined that the doctor is no longer able to provide minor surgery services.
12
Before making any determination under sub-paragraph (b), (c) or (d) of paragraph (11) the Committee shall–
a
give the doctor 28 days' written notice of its intention to do so; and
b
afford the doctor an opportunity of making representations in writing or, if he so desires, orally to the Committee.
13
Where the Committee makes a determination under sub-paragraph (b), (c) or (d) of paragraph (11), it shall send to the doctor a notice which shall include a statement–
a
to the effect that, subject to any appeal under paragraph (14), the doctor’s name will, after 28 days from the date of the notice, be removed from the minor surgery list maintained by the Committee;
b
of the Committee’s reasons for its determination; and
c
of the doctor’s right of appeal under paragraph (14).
14
A doctor who has received a notice sent in accordance with paragraph (13) may, within 21 days of receiving it, appeal to the Secretary of State against the determination, and pending the determination of the appeal the Committee shall not remove his name from the minor surgery list.
15
An appeal to the Secretary of State shall be made in writing and shall include a statement of the facts and contentions on which the doctor intends to rely; and on any such appeal the Secretary of State shall, if he allows the appeal, direct that the Committee shall not remove the doctor’s name from the minor surgery list.
16
The Committee shall comply with any direction given to it under this regulation.
.
Amendment of regulation 4 of the principal Regulations
5
In regulation 4 of the principal Regulations (medical list)–
a
in paragraph (2)–
i
after sub-paragraph (a) there shall be inserted the following sub-paragraph:–
aa
whether his name is included in either or both of the child health surveillance list and the minor surgery list;
;
ii
in sub-paragraph (c), after “terms of service” there shall be inserted “as in force immediately prior to 1st April 1990”;
iii
after sub-paragraph (d) there shall be added the following sub-paragraph:–
e
if he is a restricted list principal or a restricted services principal.
;
b
in paragraph (4)–
i
after sub-paragraph (d) there shall be inserted the following sub-paragraph–
dd
where he participates in a group practice, the name of each other doctor in that group practice;
;
ii
in sub-paragraph (e) immediately before “any conditions” there shall be inserted “an indication of the geographical boundary of his practice area by reference to a map of a scale approved by the Committee, and”;
iii
after sub-paragraph (e) there shall be inserted the following sub-paragraph:–
f
provided that the doctor consents to its inclusion, his date of birth, or, if he does not so consent, the date of his first full registration as a medical practitioner (whether pursuant to the Medical Act 1983 or otherwise);
;
c
after paragraph (4) there shall be inserted the following paragraph:–
5
Without prejudice to the provisions of regulation 6(1), a doctor whose name is included in the medical list of any Committee–
a
who is requested in writing by the Committee by no later than 1st December 1989 to supply information about any matter referred to in paragraph (4), shall supply that information to the Committee by 1st January 1990;
b
who participates in a group practice, shall furnish the Committee with the name of each other doctor in the group practice by 1st January 1990.
.
Amendment of regulation 5 of the principal Regulations
6
In regulation 5(1) of the principal Regulations (removal from the medical list)–
a
at the end of sub-paragraph (c) there shall be added the word “or”;
b
after sub-paragraph (c) there shall be inserted the following sub-paragraph: —
d
is the subject of a direction by the Tribunal requiring the removal of his name from the medical list of the Committee,
.
Insertion of regulations 5A and 5B into the principal Regulations
7
After regulation 5 of the principal Regulations there shall be inserted the following regulations:–
Local Directory of Family Doctors
5A
1
Subject to the requirements of this regulation and regulation 6A, the Committee shall, by 1st April 1990, prepare, and thereafter maintain, in addition to a medical list, a list to be known as the Local Directory of Family Doctors (in these Regulations called a “Local Directory”) comprising, in respect of each doctor whose name is included in its medical list, the following information:–
a
all the information included in respect of the doctor in the medical list of the Committee, other than–
i
information included pursuant to regulation 4(2)(c); and
ii
his date of birth, unless the doctor has agreed to its inclusion in the Local Directory;
b
where the doctor’s date of birth is included in the medical list but he has not agreed to its inclusion in the Local Directory, the date of his first full registration as a medical practitioner (whether pursuant to the Medical Act 1983 or otherwise);
c
the sex of the doctor;
d
details of any medical qualification held by the doctor which he is entitled to have registered pursuant to section 16 of the Medical Act 1983 (registration of qualifications), including the date on which the qualification was awarded;
e
the nature of any clinic provided by the doctor for his patients and the frequency with which it is held;
f
the numbers of assistants and trainee general practitioners employed by him;
g
details of–
i
the number of other persons employed or available at his practice premises to assist him in the discharge of his obligations under the terms of service,
ii
the nature of the services provided by each such person, and
iii
the average number of hours normally worked by each such person during each week;
h
the terms of any consent granted to the doctor by the Committee or, on appeal, by the Secretary of State, pursuant to paragraph 19 of the terms of service, concerning the use of a deputising service; and
j
where, and to the extent that, the doctor so requests–
i
details of any languages, other than English, spoken by the doctor or by any person referred to in sub-paragraph (f) or (g),
ii
details of any particular clinical interests of the doctor.
2
Paragraph (1) shall apply in the case of a restricted list principal or a restricted services principal only to the extent that the Committee sees fit.
3
The Committee may, to the extent that it sees fit, also include in the Local Directory other details or material relating to general medical services, general dental services, general ophthalmic services and pharmaceutical services in its locality under Part II of the National Health Service Act 1977.
4
A doctor shall, in respect of each Local Directory in which information about him is to be recorded, furnish the Committee by 1st January 1990 with so much of the information specified in sub-paragraphs (b) to (h) of paragraph (1) as may be requested by the Committee before 1st December 1989.
5
The Local Directory shall include the name of each doctor in alphabetical order.
6
Where a doctor practises in partnership or in a group practice with other doctors, the information regarding his practice which falls to be included in the Local Directory pursuant to paragraph (1)(e), (f), (g) and (j)(i) may, provided each doctor in the partnership or, as the case may be, the group practice agrees, be included in the entry relating to only one of those doctors.
7
Notwithstanding the provisions of regulation 31, the Committee may compile extracts from the information in the Local Directory by reference to geographical areas of the Committee’s locality, and may make any such extract available to persons to whom, in the opinion of the Committee, it is likely to be of interest.
Removal from medical list on grounds of age
5B
1
A Committee shall, on 1st April 1991, remove from the medical list the name of any doctor who has, on or before that date, attained the age of 70 years.
2
Where, on any day after 1st April 1991, a doctor whose name is included in the medical list attains the age of 70 years, the Committee shall thereupon remove his name from the list.
3
A Committee shall give to any doctor whose name is to be removed from the medical list in accordance with paragraph (1) or (2)–
a
notice in writing to that effect not less than 12 months nor more than 13 months before the date on which his name is to be removed;
b
a further such notice not less than 3 months nor more than 4 months before that date,
but the failure to give notice to any doctor as required by sub-paragraph (a) or (b) shall not prevent the removal of that doctor’s name from the medical list in accordance with paragraph (1) or (2).
4
A doctor shall, for the purposes of this regulation, supply to the Committee by 1st February 1990 such evidence of his date of birth as the Committee may, by 1st January 1990, have in writing required from him.
.
Amendment of regulation 6 of the principal Regulations
8
In regulation 6 of the principal Regulations (amendment of or withdrawal from the medical list) for paragraphs (1) and (2) there shall be substituted the following paragraphs:–
1
A doctor shall, unless it is impractical for him to do so, notify the Committee within 28 days of any occurrence requiring a change in the information recorded about him in the medical list.
2
A doctor shall, unless it is impractical for him to do so, notify the Committee in writing at least 3 months in advance of any date on which he intends either–
a
to withdraw his name from any of the medical list, the child health surveillance list, the obstetric list or the minor surgery list; or
b
to cease to provide any of the following services, or to provide general medical services limited to any of the following services (or any combination of them), namely child health surveillance services, contraceptive services, maternity medical services, or minor surgery services.
2A
The Committee shall–
a
on being notified by any doctor pursuant to paragraph (1), amend the medical list in relation to that doctor;
b
in the case of a notification pursuant to paragraph (2), so amend the medical list either–
i
on the date which falls 3 months after the date of the notification; or
ii
the date from which the Committee has agreed that the withdrawal or cessation shall take effect,
whichever is the earlier.
.
Insertion of regulation 6A in the principal Regulations
9
After regulation 6 of the principal Regulations there shall be inserted the following regulation:–
Amendment of the Local Directory
6A
1
A doctor shall, unless it is impractical for him to do so, notify the Committee within 28 days of any occurrence requiring a change in the information recorded about him in the Local Directory.
2
The Committee shall, in the event of a notification pursuant to paragraph (1), make any necessary amendment to the Local Directory.
.
Amendment of regulation 7 of the principal Regulations
10
In regulation 7 of the principal Regulations (application for inclusion in the medical list or to succeed to a vacancy)–
a
in paragraph (1) for the words “from the application” to “set out” there shall be substituted the words “by post to the Committee an application in writing which shall include the information and undertakings specified”;
b
in paragraph (2) for the words “in the form set out” there shall be substituted the words “and shall include the information and undertakings specified”.
Amendment of regulation 14 of the principal Regulations
11
In regulation 14 of the principal Regulations (application for acceptance by a doctor) after paragraph (2) there shall be added the following paragraphs:–
3
A parent may, in relation to a child of his who is under the age of 5 years, apply to a doctor–
a
who is–
i
the doctor on whose list the child is included (in this paragraph referred to as “the child’s doctor”),
ii
a doctor with whom the child’s doctor is in partnership, or
iii
a doctor with whom the child’s doctor is associated in a group practice; and
b
whose name is included in any medical list and in the child health surveillance list of the Committee,
for the provision of child health surveillance services in respect of that child for a period ending on the date on which that child attains the age of 5 years.
4
A person may apply to a doctor–
a
who is–
i
the doctor on whose list he is included (in this paragraph referred to as “his own doctor”),
ii
a doctor with whom his own doctor is in partnership, or
iii
a doctor with whom his own doctor is associated in a group practice; and
b
whose name is included in any medical list and the minor surgery list of the Committee,
for the provision of a procedure specified in Schedule 1B to these Regulations.
.
Amendment of regulation 16 of the principal Regulations
12
In regulation 16 of the principal Regulations (assignment of persons to doctors), in paragraph (1) after head (i) of the proviso there shall be inserted the following head:–
ia
a doctor shall not be required to provide either child health surveillance services or minor surgery services for a patient assigned to him under this paragraph unless, following an application pursuant to regulation 14(3) or (4) respectively, he has accepted that patient for the provision of such services;
.
Amendment of regulation 17 of the principal Regulations
13
In regulation 17 of the principal Regulations (limitation of number of persons on doctors' lists)–
a
the words in paragraph (1) from “For the purposes” to the end of the paragraph shall be deleted;
b
after paragraph (1) there shall be inserted the following paragraph:–
1A
For the purpose of determining under paragraph (1) the number of persons a doctor may have on his list, a doctor who is in partnership shall be treated as an assistant, and not a partner, unless the Committee or, on appeal, the Secretary of State is satisfied that he–
a
discharges the duties and exercises the powers of a principal in connection with the practice of the partnership; and,
b
either–
i
in the case of a doctor whose approved hours are not less than 26 hours per week, he is entitled to a share of the profits which is not less than one third of the share of the partner with the greatest share, or
ii
in the case of a doctor whose approved hours are less than 26 hours per week but not less than 19 hours per week he is entitled to a share of the profits which is not less than one quarter of the share of the partner with the greatest share; or
iii
in the case of a doctor whose approved hours are less than 19 hours per week but not less than 13 hours per week he is entitled to a share of the profits which is not less than one fifth of the share of the partner with the greatest share.
;
c
after paragraph (7) there shall be added the following paragraph:–
8
In this regulation, “approved hours” means, in relation to any doctor, the period approved by the Committee in his case, pursuant to paragraph 25 of the terms of service, during which he is normally to be available to his patients.
.
Amendment of regulation 18 of the principal Regulations
14
In regulation 18 of the principal Regulations (change of doctor) for paragraphs (1), (2) and (3) there shall be substituted the following paragraphs:–
1
Subject to the requirements of paragraph (2), a person who is on a doctor’s list of patients may apply to any other doctor providing general medical services for acceptance on that other doctor’s list of patients.
2
An application pursuant to paragraph (1) shall be made in accordance with regulation 14(1).
3
A person who has applied pursuant to paragraph (1) to, and been refused acceptance by, any doctor may apply to the Committee in whose locality he resides for assignment to a doctor whose name is included in the Committee’s medical list.
.
Amendment of regulation 19 of the principal Regulations
15
In regulation 19 of the principal Regulations (temporary provision of general medical services) in paragraph (13) for the words after “to provide” to the end of the paragraph there shall be substituted the following words:–
child health surveillance services, contraceptive services, maternity medical services or minor surgery services which he has not undertaken to provide.
.
Amendment of regulation 23 of the principal Regulations
16
In regulation 23 of the principal Regulations (application for maternity medical services) for paragraph (2) there shall be substituted the following paragraphs:–
2
A woman who has arranged with a doctor (in this regulation referred to as “the original doctor”) for the provision of maternity medical services may terminate the arrangement–
a
by so informing the Committee in writing;
b
by so informing in writing the original doctor who shall within 7 days notify the Committee in writing; or
c
by making a new arrangement with another doctor who shall within 7 days notify the Committee in writing of the new arrangement.
3
Where a Committee receives notification in accordance with paragraph (2)(a) or (c) it shall within 7 days notify the original doctor in writing that the woman’s arrangement with him has been terminated.
.
Amendment of regulation 24 of the principal Regulations
17
In regulation 24(1) of the principal Regulations (payments to doctors)–
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph:–
a
basic practice allowance, and additional allowances for designated areas, seniority and employment of assistants;
;
b
in sub-paragraph (b) the words “and supplementary” shall be deleted;
c
in sub-paragraph (e) the words “for post-graduate training,” shall be deleted;
d
in sub-paragraph (g) the words after “practice expenses” to the end of the sub-paragraph shall be deleted;
e
after sub-paragraph (k) the following sub-paragraphs shall be inserted:–
l
capitation fees in respect of patients who participate in a consultation pursuant to paragraph 13B of the terms of service;
m
capitation fees in respect of patients to whom child health surveillance services are provided;
n
capitation fees in respect of patients living in deprived areas;
o
fees for minor surgery sessions undertaken;
p
fees in respect of the provision of health promotion clinics approved by the Committee;
q
target payments in respect of immunisations provided;
r
target payments in respect of cervical cytology;
s
allowances for the employment of locums by doctors during confinement, sickness or study leave;
t
allowances for undergoing approved postgraduate education;
u
allowances for the employment of doctors by isolated single-handed doctors;
v
allowances in respect of providing placements in the practice for undergraduate medical students;
w
transitional payments in consequence of changes to doctors' terms of service,
.
Amendment of regulation 25 of the principal Regulations
18
In regulation 25(3) of the principal Regulations (definition of “supplemental services” in chemists' terms of service)–
a
in sub-paragraph (a) for the words “registered under the Registered Homes Act 1984 ” there shall be substituted the words “in respect of which a person is registered under Part I of the Registered Homes Act 1984 or in respect of which registration is, by virtue of section 1(5)(j) of that Act, not required”;
b
for sub-paragraph (c) there shall be substituted the following sub-paragraph:–
c
the keeping of records in connection with drugs supplied to any person–
i
who claims exemption under regulation 6(1)(c) of the National Health Service (Charges for Drugs and Appliances) Regulations 1989 (remission from charges for drugs and appliances), or
ii
who, in the opinion of the pharmacist supplying the drug, is likely to have difficulty understanding the nature and dosage of the drug supplied and the times at which it is to be taken,
in circumstances where the nature of the drug is such that, in the opinion of the pharmacist supplying it, the same or a similar drug is likely to be prescribed for that person regularly on future occasions.
.
Amendment of regulation 31 of the principal Regulations
19
In regulation 31 of the principal Regulations (publication of particulars) in paragraph (1) the following sub-paragraphs shall be added after sub-paragraph (g):–
h
the Local Directory;
i
a compendium of practice leaflets provided to it by doctors whose names are included in its medical list;
.
Insertion of regulations 33A and 33B in the principal Regulations
20
After regulation 33 of the principal Regulations there shall be inserted the following new regulations:–
Appointment of medical adviser
33A
The Committee shall appoint a doctor to assist it in the exercise of its functions pursuant to paragraph 39A of the terms of service for doctors (inquiries about prescriptions and referrals).
Guidance to doctors
33B
A Committee may issue guidance to doctors whose names are included in its medical list to assist them in assessing in accordance with paragraph 24A of the terms of service the qualifications, experience and competence of any employee, or prospective employee, provided that such guidance has regard as appropriate to standards adopted by any appropriate national regulatory body for a profession or occupation or similar body.
.
Amendment of Schedule 1 to the principal Regulations
21
In Schedule 1 to the principal Regulations–
a
Part I (terms of service for doctors) shall be amended in accordance with Schedule 1 to these Regulations;
b
for Parts II and III (forms of application for inclusion in a medical list and for filling a vacancy) there shall be substituted the Parts set out in Parts I and II respectively of Schedule 2 to these Regulations;
c
after Part III there shall be added the new Parts IV and V set out in Schedule 3 to these Regulations.
Insertion of new Schedules in the principal Regulations
22
After Schedule 1 to the principal Regulations there shall be inserted the new Schedules 1A, 1B, 1C, 1D and 1E set out respectively in Schedules 4, 5, 6, 7 and 8 to these Regulations.
Amendment of Schedule 3A to the principal Regulations
23
In Schedule 3A to the principal Regulations (drugs and other substances not to be prescribed for supply under pharmaceutical services)–
a
the following entry shall be omitted:–
Ener-G Gluten-free and Yeast-free Brown Rice Bread
;
b
the following entries shall be inserted at the appropriate places in the alphabetical order:–
Alexitol Sodium Tablets
Anadin Paracetamol Tablets
Aspirin Tablets, Effervescent Soluble
Aspro Clear Extra Tablets
Banimax Tablets
Boots Hard Lens Wetting Solution
Calamage
Colgate Disclosing Tablets
Contactasol 02 Care Solution
Contactasol Complete Care all-in-one Solution
Cow and Gate Premium Baby Food
Evident Disclosing Cream
Ferrol
Innoxa Finishing Touch Loose Powder
Innoxa Moisturised Liquid Make-Up
Lucozade
Milupa Aptamil Baby Milk
Milupa Camomile Infant Drink
Milupa Fennel Variety Infant Drink
Milupa Modified Yoghurt
Minoxidil Cream
Minoxidil Ointment
Minoxidil Solution (for external use)
Oral B Plaque Check Disclosing Tablets
Rabenhorst Tomato Juice
Ribena
RoC Eye Make-Up Remover Lotion
Senlax Tablets
Setlers Extra Strength Tablets
.
Transitional provisions
24
1
Subject to paragraph (2), where, on or after the date on which regulation 17 of these Regulations comes into force, there falls to be determined an application by a doctor for a payment arising pursuant to a provision of regulation 24(1) of the principal Regulations which has been amended by that regulation 17, the application shall be determined as if that provision had not been so amended.
2
Paragraph (1) shall not apply in relation to any application received by the Committee after 31st March 1991.
3
Until 1st April 1990 regulation 4(5) of the principal Regulations shall have effect as if the reference in that paragraph to “any matter referred to in paragraph (4)” included a reference to a matter to be inserted in that paragraph (4) by virtue of regulation 5(b)(ii) and (iii) of these Regulations.
Kenneth Clarke
Secretary of State for Health
15th October 1989


text:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 9 of the Act, hereby makes the following Order:–
1
This Order may be cited as the Public Telecommunication System Designation (Southampton Cable Limited) Order 1989 and shall come into force on 24th February 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Robert Atkins
Parliamentary Under Secretary of State
Department of Trade and Industry
26th January 1989