text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grants) (Grant-Maintained Schools Limited) Regulations 1989 and shall come into force on 6th March 1989.
2
In these Regulations “the Trust” means the company named Grant-Maintained Schools Limited, also known as the Grant-Maintained Schools Trust.
Payments of grant
2
1
The Secretary of State may pay grants of such amounts as he may determine to the Trust in respect of expenditure incurred or to be incurred by it for the purposes of, or in connection with, the provision (or proposed provision) of educational services in grant-maintained schools (or proposed grant-maintained schools), which expenditure is for the time being approved by the Secretary of State.
2
Payments of grant under these Regulations shall be made at such times and in such instalments as the Secretary of State thinks appropriate.
Conditions of payment
3
The making of payments of grant under these Regulations shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where grant is paid under these Regulations the Trust shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums representing the value of property acquired with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State.
5
Without prejudice to the generality of regulation 4, the Trust shall–
a
keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require;
b
open to the inspection of the Comptroller and Auditor General the records and accounts kept pursuant to the requirement imposed under paragraph (a) above;
c
where grant has been paid in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof.
Kenneth Baker
Secretary of State for Education and Science
8th February 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Fund-Raising Events and Charities) Order 1989 and shall come into force on 1st April 1989.
2
Group 16 (charities, etc ) of Schedule 5 to the Value Added Tax Act 1983 shall be varied as follows —
a
by substituting for item 8 the following —
8
The supply to a charity of a publication in any newspaper, journal, poster, programme, annual, leaflet, brochure, pamphlet, periodical or similar publication of an advertisement which is for the raising of money for, or making known the objects or reasons for the objects of, the charity.
;
b
in note 4(a) by inserting after the word “video” the word “, sterilising”.
3
Schedule 6 to the Value Added Tax Act 1983 shall be varied by adding after Group 11 the following —
GROUP 12 — FUND-RAISING EVENTS BY CHARITIES AND OTHER QUALIFYING BODIES
Item No.
1
The supply of goods and services by a charity in connection with a fund-raising event organised for charitable purposes by a charity or jointly by more than one charity.
2
The supply of goods and services by a qualifying body in connection with a fund-raising event organised exclusively for its own benefit.
Notes:
1
For the purposes of items 1 and 2 “fund-raising event” means a fete, ball, bazaar, gala show, performance or similar event, which is separate from and not forming any part of a series or regular run of like or similar events.
2
For the purposes of item 2 “qualifying body” means any non-profit making body mentioned in either section 47(3) of this Act or item 1 of Group 9 of Schedule 6 to this Act.
.
Kenneth Carlisle
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1989


text:
Citation
1
These Regulations may be cited as the Education (School Records) Regulations 1989.
Commencement
2
1
Except for the regulations referred to in paragraph (2), these Regulations shall come into force on 1st September 1989.
2
Regulations 6(1)(b) and (c), (2), (3) and (4), 7 (insofar as it relates to disclosure and amendment of records), and 8 (insofar as aforesaid) shall come into force on 1st September 1990.
Revocation
3
Regulation 13 of the Education (Schools and Further Education) Regulations 1981 (transfer of educational records) is hereby revoked.
Definitions
4
1
In these Regulations–
“child abuse” includes physical injury (other than accidental injury) to, and physical and emotional neglect, ill-treatment or sexual abuse of a child;
“entitled person”, in relation to a registered pupil at a school, means–
a parent of the pupil, where that pupil is under the age of 16 years, or
the pupil or his parent, where that pupil is aged 16 or 17 years, or
the pupil himself, where he is aged 18 years or more;
“institution of further or higher education” means any institution falling within subsection (10) of section 218 of the Education Reform Act 1988;
“curricular record” means a formal record of a pupil’s academic achievements, his other skills and abilities and his progress in school;
“responsible person” means–
the head teacher of an independent school, or
the governing body of any other school, or
the person responsible for the conduct of any institution of further or higher education or other place of education or training
to which a pupil transfers or may transfer;
“school day” means a day on which the school meets; and
“teacher” includes head teacher.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Schools to which Regulations apply
5
In these Regulations, unless the context otherwise requires, a reference to a school is to a school maintained by a local education authority, a special school (whether or not so maintained) or a grant-maintained school.
Duties of Governing Body
6
1
It shall be the duty of the governing body of every school to make arrangements whereunder–
a
in respect of every registered pupil at that school there is kept a curricular record and that record is updated at least once a year;
b
upon receipt of a request made in writing by an entitled person, the relevant pupil’s curricular record is disclosed free of charge to the person making the request and, on payment of such fee (not exceeding the cost of supply), if any, as the governing body may prescribe, a copy of it is supplied to him;
c
upon receipt of a notice given in writing by an entitled person that he regards any part of the relevant pupil’s curricular record as inaccurate then–
i
if the holder of the record is satisfied that the record is inaccurate, the record is amended by the removal or correction of that part which is regarded as inaccurate, or
ii
if the holder of the record is not satisfied that the record is inaccurate, the notice is appended to the record and subsequently treated as forming part of it; and
d
in every case where the pupil ceases to be a registered pupil at that school and becomes a registered pupil at another school (including an independent school) or a student at an institution of further or higher education or any other place of education or training, that pupil’s curricular record and the records referred to in paragraph (5) are transferred to the responsible person, if that person so requests in writing.
2
Arrangements made in pursuance of paragraph (1)(b) shall secure that the request is complied with within 15 school days of its receipt or, if the request is received on a day which is not a school day, within 15 school days of the first school day following the day on which the request was received.
3
In any case where the pupil is under consideration for admission to another school (including an independent school) or to an institution of further or higher education, the arrangements for disclosure and supply of a copy of that pupil’s curricular record made in pursuance of paragraph (1)(b) shall have effect as if the responsible person were an entitled person in relation to the pupil save that he shall not be required to pay any fee in respect of the supply.
4
In paragraph (1)(c) “inaccurate” means inaccurate or misleading as to any matter of fact.
5
The records referred to in paragraph (1)(d) are such educational records, or parts thereof, relating to a pupil and kept before 1st September 1989 as appear to the governing body to be appropriate for transfer.
7
1
It shall be the duty of the governing body of every school to make arrangements whereunder–
a
any other educational records relating to a registered pupil (including a teacher’s record) which are kept at the school in addition to the pupil’s curricular record shall be as liable to disclosure or transfer to, and to a copy thereof being supplied to, and to amendment upon notice being given by, the parent or pupil or responsible person as if they formed part of the pupil’s curricular record; and
b
a record of the arrangements made in pursuance of regulation 6 (other than regulation 6(1)(a)) and this regulation is kept and available for inspection free of charge at all reasonable times on a school day by an entitled person and on payment of such fee (not exceeding the cost of supply), if any, as the governing body may prescribe a copy of the arrangements is supplied to him.
2
In paragraph (1) “teacher’s record” means any record kept at the school by a teacher other than a record kept and intended to be kept solely for that teacher’s own use.
8
The arrangements required to be made by regulations 6 and 7 shall make provision enabling the parent, pupil or responsible person (as the case may be) to appeal to the governing body of the school against any decision refusing disclosure or transfer or the supply of a copy of the whole or any part of the pupil’s curricular record or of a record mentioned in regulation 7(1)(a) or any decision refusing amendment of any such record in those cases where the arrangements provide for those decisions to be taken by a teacher of the school.
Savings
9
Nothing in these Regulations shall authorise or require arrangements to be made for the disclosure of any information–
a
originating from or supplied by or on behalf of any person other than an employee of the local education authority which maintains the school, a teacher at the school (in the case of a voluntary aided or grant-maintained school), an education welfare officer (within the meaning of the Education ( No. 2) Act 1986) or the person requesting disclosure;
b
to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in sub-paragraph (a)) as the source of the information or as a person to whom that information relates; or
c
to the extent that disclosure would in the opinion of the holder of the information be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person; or
d
to the extent that in the opinion of the holder of the information it is relevant to the question whether the pupil to which it relates is or has been the subject of or may be at risk of child abuse.
10
Nothing in these Regulations shall require arrangements to be made for the disclosure or supply of a copy of any reference given by a teacher in respect of a registered pupil at the school in response to a request from potential employers of the pupil, from the Polytechnics Central Admissions System, the Universities Central Council on Admissions, or any other national body concerned with student admissions, from another school (including an independent school), from an institution of further or higher education or from any other place of education and training.
11
Nothing in regulation 6(1)(b) to (d) or 7 shall apply to educational records which are data for the purposes of the Data Protection Act 1984 .
12
1
Nothing in these Regulations shall empower or authorise the governing body of any school to make arrangements for the disclosure, supply of copies of or transfer of–
a
statements of special educational needs maintained under the Education Act 1981 ;
b
information as to the results of an individual pupil’s assessment (whether under Chapter I of Part I of the Education Reform Act 1988 or otherwise), otherwise than to the pupil’s parents;
c
any report prepared for the purposes of proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 1988 apply;
d
information as to the racial group to which a pupil belongs, the language spoken in his home, and his religious persuasion, otherwise than to an entitled person.
2
In paragraph (1)(d) “racial group” means a group of persons defined by reference to colour, race, nationality or ethnic or national origins.
13
Nothing in these Regulations shall require arrangements to be made for the disclosure or supply of a copy of a pupil’s curricular record or a record of the kind mentioned in regulation 7(1)(a) to the extent that those records comprise records made before 1st September 1989.
Translation of documents
14
1
This regulation applies to any document containing a record of disclosure and transfer arrangements kept in pursuance of regulation 7(1)(b).
2
If it appears requisite to the governing body of any school in Wales that any such document should be translated into Welsh, it shall be so translated and subject to paragraph (4) these Regulations shall apply to the translated document as they apply to the original document.
3
If it appears requisite to the governing body of any school that any such document should be translated into a language other than English or Welsh, it shall be so translated and subject to paragraph (4) these Regulations shall apply to the translated document as they apply to the original document.
4
Where a charge is made for a copy of the original document, no greater charge shall be made for a copy of the document so translated.
Kenneth Baker
Secretary of State for Education and Science
24th July 1989
Wyn Roberts
Minister of State, Welsh Office
25th July 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Medicines (Exemption from Licences) (Wholesale Dealing) Order 1989 and shall come into force on 1st January 1990.
2
In this Order, unless the context otherwise requires –
“ the Act ” means the Medicines Act 1968;
“intermediate feed” means a medicated feeding stuff sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
“medicinal product” includes:
substances or articles specified in Orders made under section 104 or section 105 of the Act which are for the time being in force and which direct that Part II of the Act shall have effect in relation to such substances or articles as that Part has effect in relation to medicinal products within the meaning of the Act;
articles or substances described in paragraphs 2 and 3 of Schedule 1 to the Medicines (Specified Articles and Substances) Order 1976 ; and
intermediate feed;
“proprietary medicinal product” and “ready-made veterinary drug” have the same meanings as in sections 7(7) and 8(4) of the Act
and other expressions have the same meaning as in the Act.
3
Except in so far as the context otherwise requires, any reference in this Order to any enactment or Order shall be construed as a reference to that enactment or Order as the case may be amended or extended by any other enactment or Order.
Exemption from wholesale dealer’s licences
2
1
The restrictions imposed by section 8(3) of the Act (restrictions as to wholesale dealing) shall not apply to the sale or offer for sale of a medicinal product by way of wholesale dealing where such sale or offer for sale is either –
a
by the holder of a product licence which relates to that medicinal product, including such holder of such product licence who is the person who assembled that medicinal product, or
b
by a person who, not being the holder of such a product licence, assembled that medicinal product, where such assembly was to the order of a person who is the holder of such a product licence,
provided that throughout the period until such sale that medicinal product has not left the premises of any person who either manufactured or assembled that medicinal product being premises which by virtue of the relevant manufacturer’s licence the person who so manufactures or, as the case may be, assembles that medicinal product is enabled or authorised to use for the purposes of that licence (hereinafter in this article referred to as “the authorised premises”).
2
For the purposes of this article a medicinal product shall not be regarded as having left the authorised premises whilst that medicinal product is being moved from any of the authorised premises to another, or from one part of the authorised premises to another part, or whilst it is being moved from any of the authorised premises by way of delivery to the purchaser.
3
The restriction imposed by section 8(3)(b) of the Act (wholesale dealer’s licences) shall not apply in relation to anything done in relation to a proprietary medicinal product or a ready-made veterinary drug which has been imported when it is done by a person who handles the medicinal product –
a
in the course of the provision of facilities solely for the transport of the medicinal product, or
b
in the course of a business carried on by him as an import agent where he imports the medicinal product solely to the order of another person who intends, in the course of a business carried on by him, to sell, or offer for sale the medicinal product by way of wholesale dealing or in any other way intends to distribute the medicinal product.
Revocation
3
The Medicines (Exemption from Licences) (Wholesale Dealing) Order 1972 , the Medicines (Exemption from Licences) (Wholesale Dealing) Order 1977 and the Medicines (Exemption from Licences) (Wholesale Dealing) Amendment Order 1983 are hereby revoked.
Kenneth Clarke
Secretary of State for Health
8th December 1989
Sanderson of Bowden
Minister of State, Scottish Office
7th December 1989
Peter Walker
Secretary of State for Wales
8th December 1989
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1989
John Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 8th day of December 1989
Under Secretary on behalf of the Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th day of December 1989
W. J. Hodges
Permanent Secretary


text:
1
1
These Regulations may be cited as the All-Terrain Motor Vehicles (Safety) Regulations 1989.
2
These Regulations shall come into force as follows: —
a
this regulation and regulations 2 and 3 below shall come into force on7th December 1989; and
b
regulations 4 to 6 below shall come into force on 1st June 1990.
2
In these Regulations —
“regulated vehicle” means any vehicle which is propelled by an internal combustion engine and is designed or constructed primarily for use in leisure activities (including competitive racing) on either
all types of land surface or
all types of land surface other than any highway or any other road, or bridge over which a road passes, to which the public has access,and not primarily for agricultural or forestry purposes but does not include
a vehicle which is specially designed, constructed or adapted for the use of a person suffering from some physical defect or disability; or
a two-wheeled motor cycle with a side-car attached thereto;
“regulator” means a device which is fitted in a regulated vehicle and which is not capable of being adjusted or removed from the vehicle without the use of tools or equipment and which, when operated, regulates the speed at which the vehicle can travel;“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply.
3
No person shall supply any regulated vehicle which has three wheels.
4
1
No person shall supply any regulated vehicle which has four wheels and which is designed or intended for use by a person under the age of twelve (whether or not it is designed or intended for use also by older persons) if any of the requirements set out in the following paragraphs of this regulation is not satisfied in respect of the vehicle.
2
The maximum speed at which the vehicle can travel when tested under the conditions set out in regulation 6 below shall be 15 miles per hour.
3
The vehicle shall be fitted with a regulator which, when operated, ensures that the maximum speed at which the vehicle can travel when tested under the conditions set out in regulation 6 below is 10 miles per hour.
4
The regulator required by paragraph (3) above shall be in operation.
5
1
No person shall supply any regulated vehicle which has four wheels and which is designed or intended for use by a person who has attained the age of twelve and is under the age of sixteen (whether or not it is designed or intended for use also by older persons) if any of the requirements set out in the following paragraphs of this regulation is not satisfied in respect of the vehicle.
2
The maximum speed at which the vehicle can travel when tested under the conditions set out in regulation 6 below shall be 30 miles per hour.
3
The vehicle shall be fitted with a regulator which, when operated, ensures that the maximum speed at which the vehicle can travel when tested under the conditions set out in regulation 6 below is 15 miles per hour.
4
The regulator required by paragraph (3) above shall be in operation.
5
The vehicle shall have securely attached to it, in a prominent position where it can readily be seen by a driver seated in the driving position on the vehicle, a durable label bearing the following warning
THIS ATV IS NOT SUITABLE FOR A CHILD UNDER 12 YEARS
in red letters and numerals of at least 10 point in upper case in a bold type face and in legible and durable form on a background of a sufficiently different colour from red to enable the words readily to be seen. If the label bearing the warning bears other information the warning shall appear before such other information.
6
The conditions mentioned in regulations 4(2) and (3) and 5(2) and (3) above are the following: —
a
the surface on which the vehicle is tested is dry asphalt or concrete;
b
the rider is a person not exceeding 75 kg in weight;
c
no passenger or load is carried;
d
the test route is so located that acceleration to, and deceleration from, maximum speed can take place elsewhere than on the test route itself;
e
the test route does not have a gradient exceeding 5%;
f
the tyres of the vehicle are inflated to the pressure recommended by the vehicle manufacturer for the weight of the vehicle and the conditions under which the test is carried out, where such recommendations have been made and not withdrawn;
g
the vehicle is ridden in opposite directions along the test route and the speed recorded for the purpose of the test is the average of speeds measured for each direction;
h
when being driven along the test route, the vehicle is driven in such manner and in such gear as to achieve the maximum speed of which it is capable when the regulator is not in operation (for the purposes of the test in regulation 4(2) and 5(2)) and when the regulator is in operation (for the purposes of the test in regulation 4(3) and 5(3)).
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
5th December 1989


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1989.
2
This Order comes into force on 1st January 1990.
The revaluation percentage for each revaluation period
2
For the purposes of section 52A of the Social Security Pensions Act 1975, the revaluation percentage for each revaluation period specified in column 1 below is the appropriate percentage specified in column 2.
Column 1 Column 2 Revaluation Period Revaluation Percentage
1st January 1986 – 31st December 1989 21.6% 1st January 1987 – 31st December 1989 15.8% 1st January 1988 – 31st December 1989 10.3% 1st January 1989 – 31st December 1989 5.0%
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st December 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefit (Dependency) Amendment Regulations 1989 and shall come into force on 11th April 1989.
2
In these Regulations, “the principal Regulations ” means the Social Security Benefit (Dependency) Regulations 1977 .
Amendment of regulation 4A.
2
In regulation 4A(1) of the principal Regulations (circumstances in which a person who is not entitled to child benefit is to be treated as if he was so entitled) the word “female” shall be omitted.
Amendment of regulation 4B
3
In regulation 4B(3) of the principal Regulations (circumstances in which a person entitled to child benefit is to be treated as if he was not so entitled) after the words “For the purposes of sections” there shall be inserted the words “25(1) (entitlement to a widowed mother’s allowance)” and for the words “(child receiving financial support under the Employment and Training Act 1973)” there shall be substituted the words “(child receiving training under the youth training scheme)”.
Substitution of reference
4
In regulation 8(7) of the principal Regulations (meaning of “week”) for the words “regulation 16(6) of the Social Security (Claims and Payments) Regulations 1979” there shall be substituted the words “regulation 22 of and paragraph 5 of Schedule 6 to the Social Security (Claims and Payments) Regulations 1987” .
Apportionment of payments by way of occupational pension made otherwise than weekly.
5
Immediately before regulation 10 of the principal Regulations (increase of benefit for person having care of child) there shall be inserted the followingregulation –
Apportionment of payments by way of occupational pension made otherwise than weekly
9A
For the purposes of the provisions mentioned in section 47B(1) and in section 66A(1) of the 1975 Act , (earnings to include occupational pensions for certain purposes) where payment by way of occupational pensions is for any period made otherwise than weekly, the amount of any such payment for any week in that period shall be determined –
a
where payment is made for a year, by dividing the total by 52;
b
where payment is made for three months, by dividing the total by 13;
c
where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;
d
where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or
e
in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.
.
Amendment of regulation 10(2)(e)
6
For sub-paragraph (e) of regulation 10(2) of the principal Regulations (increase of benefit for person having care of child) there shall be substituted the following sub-paragraph–
e
either –
i
has no earnings or has earnings but they do not exceed the standard rate of increase (there being disregarded for this purpose any earnings derived from employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit), or
ii
is employed by the beneficiary in caring for such child or children and is not residing with him;
.
Revocations
7
Regulation 10(2)(f) of the principal Regulations (increase of benefit for a woman having the care of a child) and regulation 2(8) of the Social Security Benefit (Dependency) Amendment Regulations 1984 (which inserts new sub-paragraph (f) in regulation 10(2) of the principal Regulations) are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
16th March 1989


text:
1
This Order may be cited as the Interception of Communications Act 1985 (Isle of Man) Order 1989 and shall come into force on 1st April 1989.
2
It is hereby directed that sections 11(3) and (5) and 12(1) of the Interception of Communications Act 1985 shall extend to the Isle of Man with the following exceptions, adaptations and modifications, that is to say, in section 11(3) –
a
for “by the Secretary of State under section 2 of the Interception of Communications Act 1985” there shall be substituted “under section 2 of the Interception of Communications Act 1988 (an Act of Tynwald)”, and
b
for “Commissioner under section 8(3)” there shall be substituted “commissioner under section 9(3)”.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1989.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1989 is revoked.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 thereto and substituting therefor the following–
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Finance Act 1989, section 178(1), (Appointed Day No. 1) Order 1989.
2
1
The day appointed for the enactments specified in paragraph (2) for periods beginning on or after which section 178(1) of the Finance Act 1989 shall have effect is 18th August 1989.
2
The enactments specified in this paragraph are–
a
section 8(9) of the Finance Act 1894 ,
b
section 18 of the Finance Act 1896 ,
c
section 61(5) of the Finance (1909–10) Act 1910 ,
d
section 17(3) of the Law of Property Act 1925 ,
e
section 73(6) of the Land Registration Act 1925 ,
f
sections 86, 86A, 87 and 88 of the Taxes Management Act 1970 ,
g
paragraph 3 of Schedule 16A to the Finance Act 1973 ,
h
paragraphs 15 and 16 of Schedule 2, and paragraph 8 of Schedule 5, to the Oil Taxation Act 1975 ,
i
section 47 of the Finance (No. 2) Act 1975 ,
j
paragraph 59 of Schedule 8 to the Development Land Tax Act 1976 ,
k
sections 233 and 236(3) and (4) of the Inheritance Tax Act 1984 ,
l
section 92 of the Finance Act 1986 , and
m
sections 160, 824 and 825 of, and paragraph 3 of Schedule 19A to, the Income and Corporation Taxes Act 1988 .
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1989


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Premises) (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
Amendment of the Education (School Premises) Regulations 1981
2
1
a
In the definition of “school” in regulation 3(1) of the Education (School Premises) Regulations 1981 , for the words ““school” means a school maintained by a local education authority” there shall be substituted the words ““school” means a grant-maintained school or a school maintained by a local education authority”.
b
In the definition of “new school buildings” in that paragraph, after the words “section 14(1) of the Education Act 1980” there shall be inserted the words “or section 90(1) of the Education Reform Act 1988” .
2
In regulation 3(3) of those Regulations, after sub-paragraph (b) there shall be inserted the following sub-paragraph –
c
in the case of a grant-maintained school, by the governing body of the school
.
Kenneth Baker
Secretary of State for Education and Science
21st July 1989
Peter Walker
Secretary of State for Wales
25th July 1989


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Credits) Amendment Regulations 1989 and shall come into force on 1st October 1989.
Amendment of the Social Security (Credits) Regulations 1975
2
The Social Security (Credits) Regulations 1975 (in these Regulations called “the principal regulations”) shall be amended in accordance with the provisions of regulations 3 and 4 of these Regulations.
Amendment of regulation 8
3
For paragraph (1) of regulation 8 of the principal regulations (credits on termination of full-time education, training or apprenticeship) there shall be substituted the following paragraph–
1
For the purposes of his entitlement to unemployment benefit or sickness benefit a person shall be entitled to be credited with earnings equal to the lower earnings limit then in force for either one of the last two complete years before the beginning of the relevant benefit year if–
a
during any part of that year he was–
i
undergoing a course of full-time education; or
ii
undergoing–
a
a course of training which was full-time and which was arranged under section 2(1) of the Employment and Training Act 1973 ; or
b
any other full-time course the sole or main purpose of which was the acquisition of occupational or vocational skills; or
c
if he is a disabled person within the meaning of the Disabled Persons (Employment) Act 1944 , a part-time course attended for at least 15 hours a week which, if it was full-time, would fall within either of heads (a) or (b) above; or
iii
an apprentice; and
b
the other year is, in his case, a reckonable year; and
c
that course or, as the case may be, his apprenticeship has terminated.
Amendment of regulation 9
4
Regulation 9 of the principal regulations (credits for unemployment or incapacity for work) shall be amended as follows–
a
at the beginning of sub-paragraph (a) of paragraph (3) of that regulation there are inserted the words “in accordance with section 17 and regulations made under that section”;
b
at the beginning of sub-paragraph (a) of paragraph (5) of that regulation there are inserted the words “in accordance with section 17 and regulations made under that section”;
c
for sub-paragraph (c) of paragraph (9) of that regulation there shall be substituted the following sub-paragraph–
c
that person has claimed (“the earlier claim”) unemployment benefit, sickness benefit or maternity allowance in respect of a day, or in respect of which the maternity allowance period includes a day, falling within the relevant past year, and has satisfied, or may by virtue of any enactment or regulations be treated as having satisfied, in relation to the earlier claim–
i
for the purposes of a later claim for unemployment benefit or maternity allowance, the contribution conditions for such benefit; and
ii
for the purposes of a later claim for sickness benefit, the contribution conditions for that benefit;
;
d
at the end of sub-paragraph (e) of paragraph 9 of that regulation there shall be added the words “, but this sub-paragraph shall not apply in respect of any day after 30th September 1989 and falling within a period of interruption of employment which begins after 1st October 1988”.
Amendment of the Social Security (Credits) Amendment ( No. 4) Regulations 1988
5
For regulation 3 of the Social Security (Credits) Amendment (No. 4) Regulations 1988 there shall be substituted the following regulation–
3
If, on the day that this regulation comes into force, regulation 2 (transitional provisions) of the Social Security (Contribution Conditions for Unemployment and Sickness Benefit) Transitional Regulations 1988 applies to a person (or would apply if a claim for benefit for that day had been made within the prescribed time) so that Schedule 3 to the Social Security Act 1975 continues to apply to him as though the amendments made to it by section 6 of the Social Security Act 1988 (contribution conditions for short-term benefits) had not been enacted, then, until the end of the period of interruption of employment in his case which is mentioned in that regulation, the provisions of the principal Regulations shall apply to him as if regulation 2(3)(b)(ii) of these Regulations had not come into force.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
5th September 1989


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1989.
2
The amount specified, which by virtue of section 5 of the Capital Gains Tax Act 1979 is, unless Parliament otherwise determines, the exempt amount for the year 1989–90, is £5,400.
Kenneth Carlisle
Alan Howarth
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Amendment) Regulations 1989 and shall come into force on 6th February 1989.
Interpretation
2
In these Regulations the “ 1986 Regulations ” means the Income Tax (Building Societies) Regulations 1986 .
Amendments to the 1986 Regulations
3
In Regulation 2(1) of the 1986 Regulations —
a
after the definition of “exempt pension fund” there shall be inserted —
“general client account deposit” means a deposit, held by a building society in a client account (other than one which is identified by the building society as one in which sums are held only for one or more particular clients of the person whose account it is) in respect of which that person is required by provision made under any enactment to make payments representing interest to some or all of the clients for whom, or on whose account, he received the sums deposited in the account;
; and
b
in the definition of “qualifying time deposit” in paragraph (b) for the words “before the end of the period of twelve months” there shall be substituted “not later than the end of the period of five years”.
4
In Regulation 6(1) of the 1986 Regulations —
a
after paragraph (g) there shall be inserted —
gg
a payment of interest made to a building society on a loan made by a building society;
; and
b
after paragraph (h) there shall be inserted —
hh
a payment in respect of a general client account deposit;
.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
12th January 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
In this Order–
1
all measurements of distance are measured along the route of the relevent highway;
2
i
“the deposited plan”
means the plan numbered HA10/1 CNW 275, marked “The A59 Samlesbury–Skipton Trunk Road (Improvement from Greengates to Gutteridge) 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 A59 Samlesbury–Skipton Trunk Road.
4
This Order shall come into force on 22nd March 1989 and may be cited as the A59 Samlesbury–Skipton Trunk Road (Improvement from Greengates to Gutteridge) Order 1989.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
1st February 1989


text:
1
1
This Order may be cited as the Merger Reference (Yale & Valor plc and Myson Group plc) Order 1989 and shall come into force at 9.00 am on 31st August 1989.
2
For the purposes of this Order–
a
“associate” means a person associated (within the meaning of section 77(4) of the Fair Trading Act 1973) with Yale or with any subsidiary of Yale;
b
“interest in shares” shall include an entitlement, by a person not being the registered holder, to exercise any right conferred by the holding of the shares in question or an entitlement to control the exercise of any such right;
c
“subsidiary” has the same meaning as in section 736 of the Companies Act 1985 ; and
d
“voting shares” means shares in respect of which the holders have the right, either at all times or for the time being, to vote at general meetings of the company in question on all, or substantially all, matters.
2
1
It shall be unlawful for Yale, any subsidiary of Yale or any associate–
a
directly or through any nominee or trustee to acquire any shares or interest in shares of Myson or any subsidiary of Myson in circumstances where Yale, its subsidiaries and any associate hold, or after the acquisition would hold, directly or indirectly, 15 per cent or more, or an interest in 15 per cent or more, of any class of voting shares of Myson or of any subsidiary of Myson, or
b
to exercise, directly or indirectly, at any general meeting of, or of any class of the members of, Myson or any of its subsidiaries, any voting rights conferred by the holding of shares or attaching to any interest in shares if the aggregate of the voting rights exercised by or on behalf of Yale, its subsidiaries and any associate would amount to 15 per cent or more of the total of the voting rights exercisable on the resolution in question, or
c
to enter into any agreement or arrangement with any other person with a view to or for the purpose of acting together to secure or exercise control of Myson or any of its subsidiaries or of any of the enterprises thereof;
and for the purposes of subparagraph (b) above, the total of the voting rights exercisable on the resolution in question does not include any voting rights which are not exercisable by reason of the application of that subparagraph.
2
Subparagraph (a) of paragraph (1) of this Article shall not apply to anything done in pursuance of an agreement to acquire shares or interests in shares made before 9.00 am on 31st August 1989 and legally enforceable against Yale, its subsidiaries or any associate.
R. Mountfield
A Deputy Secretary of the
Department of Trade and Industry
30th August 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that –
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the route of the new trunk road is opened for the purpose of through traffic.
4
The Liverpool-Preston-Leeds Trunk Road (Draughton and other Diversions) Order 1938 is hereby revoked.
5
In this Order:-
All measurements of distance are measured along the route of the relevant highway; and
i
“the deposited plan” means the plan numbered HA10/YHRO 8, marked “The A65 Trunk Road (Draughton Bypass) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means the Liverpool-Preston-Leeds Trunk Road (A65).
6
This Order shall come into force on 19th October 1989 and may be cited as the A65 Trunk Road (Draughton Bypass) Order 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire & Humberside Region
Department of Transport
14th September 1989


text:
1
The County Council of the Royal County of Berkshire A329 Relief Road Special Road Scheme 1989 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of the County Council of Berkshire at Shire Hall, Shinfield Park, Reading, Berkshire.
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 County Council of the Royal County of Berkshire A329 Relief Road Special Road Scheme 1988 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Regional Office
Department of Transport
24th January 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the 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/CNW 264 marked “The Shrewsbury–Whitchurch–Warrington Trunk Road (A49 Weaverham Diversion, Cheshire) 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 Shrewsbury–Whitchurch–Warrington Trunk Road (A49).
5
This Order shall come into force on 14th December 1989 and may be cited as the Shrewsbury–Whitchurch–Warrington Trunk Road (A49 Weaverham Diversion, Cheshire) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
13th November 1989


text:
Title, extent and commencement
1
This Order, which may be cited as the Beef Special Premium (Protection of Payments) Order 1989, shall apply in Great Britain and shall come into force on 3rd April 1989.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“animal” means an animal of the bovine species;
“approved deadweight centre” means a place for the time being approved by the Board for the making of applications for premium in respect of carcases;
“approved export centre” means a place for the time being approved by the Board for the making of applications for premium in respect of animals to be consigned to another Member State or exported to a third country;
“approved liveweight centre” means a place for the time being approved by the Board for the making of applications for premium in respect of animals;
“authorised officer”, in relation to any purpose referred to in this Order, means an officer authorised by the Board to act for that purpose;
“the Board” means the Intervention Board for Agricultural Produce established under section 6 of the European Communities Act 1972;
“the Commission Regulation” means Commission Regulation ( EEC ) No 714/89 laying down detailed rules applying to the special premium for beef producers;
“the Meat and Livestock Commission” means the Meat and Livestock Commission established by virtue of section 1(1) of the Agriculture Act 1967 ;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland or Wales;
“premium” means the special premium referred to in Article 4a of Council Regulation (EEC) No 805/68 on the common organisation of the market in beef and veal;
“the prescribed manner” means, in the case of an animal, the manner prescribed in Article 7(3) of the Commission Regulation and, in the case of a carcase, the manner prescribed by the Board;
“slaughter requirements” has the meaning given to it in article 6(1);
2
Any reference in this Order to the Board other than in this paragraph or in article 8 shall include a reference to the Meat and Livestock Commission when acting for the Board.
3
Other expressions used in this Order have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No. 468/87 laying down general rules applying to the special premium for beef producers and the Commission Regulation.
4
In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article so numbered in this Order.
Applications for special premium
3
1
Subject to paragraph (5) below, a producer on whose holding a male animal was fattened may apply for a premium payment in respect of that animal, or the carcase derived from it, at an approved liveweight centre or an approved deadweight centre respectively, in such form and to such person as the Board may require.
2
An animal or carcase in respect of which such an application is made shall be examined by a person authorised by the Board for that purpose and shall be marked by him, or under his supervision, in the prescribed manner if he is satisfied–
a
in the case of an animal, that–
i
it is a male weighing at least 370 kilograms; and
ii
it has not been identified or marked in accordance with Article 7 of the Commission Regulation; or
b
in the case of a carcase, that–
i
its weight established in accordance with the provisions of Article 5(2) of the Commission Regulation is equal to or exceeds 200 kilograms; and
ii
it was derived from a male animal which had not been identified or marked in accordance with Article 7 of the Commission Regulation.
3
Subject to paragraph (5) below, a producer may apply at an approved export centre in such form and to such person as the Board may require for a premium payment in respect of a male animal at least nine months old, to be consigned to another Member State or exported to a third country, which he has kept on his holding for at least two months.
4
An animal in respect of which such an application is made shall be examined by a person authorised by the Board for that purpose and shall be marked by him in the prescribed manner if he is satisfied that it is a male at least nine months old which has not been identified or marked in accordance with Article 7 of the Commission Regulation.
5
No application may be made by a producer–
a
if in any calendar year the total number of animals and carcases in respect of which he has applied for a premium payment (other than applications which have been refused) in that year is equal to or exceeds ninety; or
b
if pursuant to Article 9(6) of the Commission Regulation he is excluded from the premium scheme.
Records of transactions
4
1
A producer who sells an animal in respect of which he has applied for a premium payment, and any person who buys that animal, shall keep a record showing, in respect of that sale or purchase respectively, the particulars specified in the Schedule to this Order and shall retain that record for three years from the end of the calendar year to which it relates.
2
An invoice or similar account containing the said particulars or some of them, or a copy of such invoice or account, shall with respect to such of the said particulars as are contained therein be a sufficient record for the purposes of this article.
3
A producer who sells an animal in respect of which he has applied for a premium payment shall retain, in respect of that animal, any account, record, voucher or other document which is relevant to establishing the matters referred to in Article 8(3) of the Commission Regulation for three years from the end of the calendar year to which it relates.
4
A person who is required by this article to retain an account, record, voucher or other document shall produce it for inspection if so required by an authorised officer.
Production of movement records
5
A person who buys, sells or transports animals and who is required by law to keep or retain a record of their movement shall produce that record for inspection if so required by an authorised officer.
Slaughter requirements
6
1
Where an animal is marked at an approved liveweight centre, and the Board have by means of notices prominently displayed at the centre required that animals of a description which includes that animal be slaughtered by a date specified in the notices, or before the end of a period of days so specified beginning with the date on which it was so marked with or without a further requirement that the slaughter shall be at a place or within an area so specified, then–
a
the owners of the animal at the time of its removal from that centre shall be deemed to have notice of those requirements (which are hereinafter called the slaughter requirements), and
b
the animal shall be slaughtered in accordance with the slaughter requirements.
2
Accordingly, references in the following provisions of this article to the date by which an animal must be or should have been slaughtered are references to the date specified under paragraph (1) above or to the last day of the period so specified as the case may require.
3
No person having notice of the slaughter requirements with respect to an animal shall–
a
sell the animal on or before the date by which it must be slaughtered without informing the buyer, in writing, of those requirements;
b
sell the animal after the date by which it should have been slaughtered; or
c
have the animal in his possession or under his control after the date by which it should have been slaughtered.
4
Where the slaughter requirements with respect to an animal include a requirement that the animal shall be slaughtered in the United Kingdom, no person having notice of that requirement shall consign that animal to another Member State or export it to a third country.
Removal of ears of carcases
7
An authorised officer at an approved deadweight centre may–
a
remove or cause to be removed the ears of any carcase marked by him or under his supervision; or
b
take possession of the ears of any carcase in respect of which or of the animal from which it was derived he reasonably suspects there to have been an offence under section 7 of the Agriculture Act 1957.
Restrictions with respect to marked animals
8
No person shall apply for premium in respect of an animal, or of the carcase derived from an animal, which has been marked in the prescribed manner or permit such an animal to be used for breeding or allow it to have access to any animal with which it may mate.
Powers of entry
9
1
For the purposes mentioned in Article 8(1) and (3) of the Commission Regulation an officer of the Board or of one of the Ministers authorised for the purposes of this paragraph may, during a period of three years from the end of the calendar year in which an application for a premium payment was made,–
a
enter at any reasonable time upon any agricultural land which was, or is alleged by a producer to have been, used for the production of an animal to which that application related;
b
enter at any reasonable time upon any land which was used for the sale or slaughter of an animal to which that application related;
c
examine that land and any buildings erected upon it; and
d
search for, examine, take possession of or copy any account, record, voucher or other document relating to that application.
2
An officer acting in exercise of the powers conferred by paragraph (1) above shall carry a warrant of his authority so to act, and shall produce it on demand.
Revocation
10
The Beef Premiums (Protection of Payments) Order 1978 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd March 1989
Wyn Roberts
Minister of State, Welsh Office
23rd March 1989


text:
1
1
This Order may be cited as the Financial Services Act 1986 (Miscellaneous Exemptions) Order 1989 and shall come into force on 1st April 1989.
2
In this Order, “university” has the meaning given in section 43(6) of the Education ( No. 2) Act 1986 .
2
Each of the persons listed in the Schedule to this Order shall be an exempted person to the extent specified in that Schedule in relation to that person.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
13th March 1989


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1989 and shall come into force on 31st January 1989.
Interpretation
2
In these Regulations “the principal regulations” means the Dairy Produce Quotas Regulations 1986 .
Amendment of the principal regulations
3
The principal regulations shall be amended in accordance with the following provision.
Transfer of quota
4
After paragraph (1) of regulation 8 of the principal regulations there shall be inserted–
1A
Notwithstanding paragraph (1) above, the Minister may decide, in respect of transfers of any holding or part of a holding in a quota year which have not been notified to him in writing by the transferee before a date to be determined by him in the following quota year, that for the purposes of any levy or Formula B contribution–
a
the unused quota transferred with such transfers shall not be treated as a part of the transferee’s quota entitlement for the quota year in which the transfer took effect and shall be treated as if it remained the unused quota of the transferee as at 31st March of that quota year, and
b
a transferee shall not be entitled to demand that, by reason of such a transfer, an amendment be made to the amount of quota, if any, which has been reallocated to him under Schedule 6 for the quota year in which the transfer took effect.
1B
A decision by the Minister, together with the date determined by him, under paragraph (1A) above shall be announced by advertisement published in the Gazette and the farming press at least two months before that date or, in the event that such publication is not possible for any reason, by such other means of publication as the Minister considers likely to come to the attention of producers.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th January 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
7th January 1989


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Access to Personal Files (Housing) Regulations 1989 and shall come into force on 1st April 1989.
2
These Regulations apply to England and Wales.
Interpretation
2
In these Regulations: —
“ the Act ” means the Access to Personal Files Act 1987;
“appropriate health professional” means —
the medical practitioner or dental practitioner who is currently or was most recently responsible for the clinical care of the tenant or the member of his family who is the subject of the relevant information in connection with the matters on which information is sought; or
where there is more than one such practitioner, the practitioner who is the most suitable to advise on the matters on which information is sought; or
where there is no practitioner available falling within sub-paragraph (a) or (b), a health professional who has the necessary experience and qualifications to advise on the matters on which information is sought;
“authority” means a Housing Act local authority;
“care” includes examination, investigation and diagnosis;
“dental practitioner” and “medical practitioner” mean, respectively, a person registered under the Dentists Act 1984 and the Medical Act 1983 ;
“health authority” has the same meaning as in section 128(1) of the National Health Service Act 1977 ;
“health professional” means any person listed in the Schedule to these Regulations;
“inaccurate information” means relevant information which is inaccurate;
“relevant information” means, in relation to any tenant, accessible personal information held by the authority to which the tenant has addressed a requirement under these Regulations;
“tenant” means: —
the tenant of a dwelling whose immediate landlord is an authority;
the former tenant of a dwelling where at any time the immediate landlord was an authority;
an individual who is in the process of applying for, or who has applied for, a tenancy of a dwelling from an authority.
An authority’s duties as to access
3
1
Subject to the following provisions of these Regulations, where a tenant requires an authority in writing to inform him whether that authority holds relevant information of which he is, or under the Act is treated as, the subject, that authority shall within 40 days of receiving that requirement, or within 40 days of the giving of the consent referred to in regulation 4(1)(a) —
a
inform the tenant in writing whether the authority holds such information, and
b
if so, then unless the authority otherwise gives the tenant access to such information within that period and the tenant informs the authority that he does not want a copy of it, comply with regulation 5.
2
The authority’s duties under sub-paragraphs (a) and (b) of paragraph (1) arise only where —
a
the tenant has paid any fee charged by the authority in accordance with paragraph (4), and
b
the tenant has supplied information reasonably required to establish his identity (or the identity of any relevant member of his family) and to locate the information sought,
and, where sub-paragraphs (a) and (b) of this paragraph are not satisfied at the time of the written requirement referred to in paragraph (1), the time limit referred to in that paragraph runs from the date on which they are satisfied.
3
The authority’s duties under paragraph (1) apply to any relevant information held by the authority at the date of the written requirement, but the authority may supply information taking account of any correction or erasure made between that time and the time when the information is supplied if that correction or erasure would have been made regardless of the receipt of the requirement.
4
The authority may charge a fee not exceeding £10 to a tenant making a requirement under paragraph (1) and no separate fee shall be charged for giving access to that information under sub-paragraph (b) of paragraph (1).
Information exempt from access
4
1
The authority’s duty under regulation 3(1)(b) does not arise where —
a
subject to paragraph (3), the information sought would itself or with other available information identify another individual (other than a member of the tenant’s family) who has not consented to the disclosure, including an individual who has provided that information;
b
the information sought would —
i
in the opinion of an appropriate health professional expressed in response to a notification under regulation 6(2), or
ii
in any case to which regulation 6 does not apply, in the opinion of the authority,
if supplied, be likely to cause serious harm to the physical or mental health of the tenant or of any other person;
c
the information sought is information held by the authority for the purposes of prevention or detection of crime, or apprehension or prosecution of offenders, and disclosure of it would prejudice those matters;
d
the information sought is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;
and where any part of the information falls within one or more of sub-paragraphs (a) to (d) the authority’s duty arises in relation to the part that does not.
2
Where the information sought falls within sub-paragraph (a) of paragraph (1), but is not as described in paragraph (3), the authority shall —
a
within the period referred to in regulation 3(1), supply so much of the information sought as can be supplied without disclosing the identity of the other individual;
b
within 14 days of its duties arising under regulation 3(1), inform that other individual in writing that the relevant information contains information which would identify him and ask him whether he consents to that information being disclosed to the tenant.
3
Information falling within sub-paragraph (a) of paragraph (1) is not exempt from disclosure on the ground that it identifies an individual where the individual identified is —
a
one who is or was a health professional and who provided the information in his capacity as a health professional having been involved with the care of the person the subject of the information; or
b
one who acted in the course of his employment by the authority in connection with its functions as a landlord or who for reward provided services on behalf of the authority in performance of the authority’s duties as a landlord.
4
Where the information sought falls within sub-paragraph (b) of paragraph (1), the authority shall supply so much of the information sought as can, in the opinion of the appropriate health professional, or, as the case may be, the authority, be supplied without causing serious harm.
Copies of information
5
1
This regulation applies where an authority has informed a tenant in accordance with regulation 3(1)(a) that it holds relevant information, unless the authority has given the tenant access to the relevant information by means other than supplying him with a copy of it and the tenant has informed the authority that he does not want a copy of the relevant information.
2
Where this regulation applies, the authority shall either —
a
supply a copy of the relevant information free of charge; or
b
notify the tenant that its duty under regulation 3(1)(b) does not arise because of the provisions of one or more of sub-paragraphs (a) to (d) in regulation 4(1), specifying the relevant sub-paragraph;
and, where its duty arises as to part only of the information, shall comply with paragraph (a) of this paragraph as to that part and with paragraph (b) as to the remainder.
3
Where a copy of information is supplied to the tenant in terms which cannot easily be understood without explanation, the information shall be accompanied by a written explanation of those terms.
Information as to an individual’s health
6
1
This regulation applies where the relevant information held relates to the physical or mental health of an individual and the authority believes it was provided by or on behalf of a health professional.
2
Where this regulation applies the authority shall, within 14 days of its duties arising under regulation 3(1), inform in writing the body which appears to it to be the relevant health authority, or, if there is no such body, the person who appears to it to be the appropriate health professional that this regulation applies in relation to relevant information and that it or he should give the view of an appropriate health professional as to whether regulation 4(1)(b)(i) applies in whole or part to that information.
3
The relevant health authority or appropriate health professional shall notify the authority of the view of the appropriate health professional within the 40 day period referred to in regulation 3(1).
4
In this regulation “relevant health authority” means the health authority which employed, or retained the services of, the health professional whom the authority believes to have supplied the information to the authority in the course of his employment.
Correction and erasure of information
7
1
A tenant wishing an authority —
a
to correct or erase inaccurate information of which he is, or under the Act is treated as, the subject; or
b
to correct relevant information which consists of an expression of opinion about the tenant or a member of his family which is based on inaccurate information or which implies the existence of facts which are incorrect or misleading;
may by notice in writing require the authority to do so, and that requirement shall be accompanied by —
i
sufficient information to enable the authority to identify the information and the record in which it is held; and
ii
a statement of the correct information; and
iii
any written evidence on which the tenant relies as supporting his view that the information is, or is based on or implies the existence of facts which are, incorrect or misleading.
2
Unless the authority forms the view described in paragraph (4), it shall on receipt of such a requirement to correct or erase inaccurate information correct or erase the information as required by the tenant’s notice, and shall as soon as reasonably practicable send a copy of the revised information to the tenant free of charge.
3
Unless the authority forms the view described in paragraph (4), it shall on receipt of a requirement to correct an expression of opinion referred to in paragraph (1)(b) —
a
clearly mark any document on which that expression of opinion appears that the authority accepts that the opinion was based on inaccurate information or, as the case may be, implies the existence of facts which are incorrect or misleading, and
b
as soon as is reasonably practicable send to the tenant a copy of the document so marked free of charge.
4
Where the authority forms the view that the relevant information is not inaccurate information, or is not an opinion based on facts which are incorrect or misleading or does not imply the existence of incorrect or misleading facts in the manner described by the tenant, it shall —
a
place a written note recording the tenant’s view with the information which it has decided not to correct or erase, and
b
send a copy of the note referred to in sub-paragraph (a) to the tenant together with a copy of the information to which it relates, and
c
send a notice, accompanying the copies referred to in (b), to the tenant stating that the information is not inaccurate information or is not an opinion based on facts which are incorrect or misleading or does not imply the existence of incorrect or misleading facts in the manner described by the tenant, and giving its reasons,
and it shall make no charge for supplying the copies referred to in sub-paragraph (b) or for supplying the notice referred to in sub-paragraph (c).
5
Where the authority forms the view that part only of the relevant information is, or is an opinion based on facts which are, incorrect or misleading, or implies the existence of incorrect or misleading facts in the manner described in the tenant’s notice, it shall comply with paragraph (2) or (3), as appropriate as to that part and with paragraph (4) as to the remainder.
Review
8
1
Where the tenant is, or under the Act is treated as, the subject of relevant information held by an authority and where he or a member of his family is aggrieved by any decision of that authority concerning his access to, or correction or erasure of, that information, the tenant may within 28 days of his being notified of the decision require that decision to be reviewed or reconsidered by the authority.
2
The authority shall make such arrangements for the review of the decision as it thinks appropriate to ensure that the decision is either —
a
reviewed by members of that authority who took no part in making the decision to be reviewed, or
b
reconsidered by a meeting of the full authority,
and the tenant may make oral or written representations.
Nicholas Ridley
Secretary of State for the Environment
13th March 1989
Peter Walker
Secretary of State for Wales
15th March 1989


text:
1
These Regulations may be cited as the Sale of Registration Marks Regulations 1989 and shall come into force on 20th November 1989.
2
The Sale of Registration Marks scheme set out in the Schedule shall have effect.
Cecil Parkinson
Secretary of State for Transport
20th October 1989


text:
Citation
1
This Order may be cited as the Hospital Complaints Procedure Act 1985 (Commencement) Order 1989.
Day specified for commencement
2
The Hospital Complaints Procedure Act 1985 shall come into force on 11th July 1989.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
10th July 1989


text:
1
1
This Order may be cited as the Animals (Scientific Procedures) Act (Fees) Order 1989 and shall come into force on 1st January 1990.
2
This Order does not extend to Northern Ireland.
3
In this Order “ the Act ” means the Animals (Scientific Procedures) Act 1986.
4
The Animals (Scientific Procedures) Act (Fees) Order 1986 is hereby revoked.
2
The annual fee payable by the holder of a certificate issued under section 6 of the Act (scientific procedure establishments) in respect of any calendar year during the whole or part of which the certificate is in force shall consist of the fixed element specified in article 3 below and the additional element calculated in accordance with article 4 below.
3
The fixed element shall be £100 payable on each occasion that an annual fee falls due.
4
The additional element shall be £90, payable for each person who holds–
a
a personal licence which specifies the establishment to which the certificate relates as the place where the licence is primarily available; or
b
a licence which is treated as a personal licence under paragraph 1 of Schedule 4 to the Act and which names the establishment to which the certificate relates as the only or first-named place where the person is authorised to perform experiments,
at any time during the period to which the fee relates when the certificate is in force.
5
The annual fee payable by the holder of a certificate issued under section 7 of the Act (breeding and supplying establishments) in respect of any calendar year during the whole or part of which the certificate is in force shall be £500 unless the place specified in the certificate is also specified in a certificate issued under section 6 of the Act.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
6th December 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (Quidenham Borehole) Order 1989 and shall come into force on the 10th 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 (Quidenham 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, on or under the land described in Schedule 1 to this Order–
a
continue and maintain the existing boreholes 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 boreholes 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
9th January 1989


text:
1
The Secretary of State is authorised to provide along the routes described in the Schedule to this Scheme and shown on the deposited plan (where a reference letter is given to each route) special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of those special roads is indicated by a heavy black line on the deposited plan.
3
In this Scheme
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan” means the plan folio numbered NWRT 5084/80/1(1) and NWRT 5083/80/2(1) marked “The A627(M) (Rochdale — Lancashire/Yorkshire Motorway (M62) — Oldham) Special Roads Scheme 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 Motorway” means route A and route B described in the Schedule hereto.
iii
“the special roads” means the special roads which the Secretary of State is authorised by this scheme to provide; and a reference to a route followed by a letter in relation to one of the special roads is a reference to the route as lettered on the deposited plan.
4
This Scheme shall come into force on 1st April 1989 and may be cited as the A627(M) (Rochdale — Lancashire/Yorkshire Motorway (M62) — Oldham) Special Roads Scheme 1989.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
7th March 1989


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as principal road as from the date on which this Order comes into force.
2
In this Order:–
i
“the deposited plan”means the plan numbered RSE/M3/4A/08/1/1 marked “The A33 (Popham–Kingsworthy) 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
“principal road”as a classification for a highway, means that the highways 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; and
iii
“the trunk road”means the Basingstoke–Southampton Trunk Road (A33).
3
This Order shall come into force on 20th October 1989 and may be cited as the A33 Trunk Road (Popham–Kingsworthy) Detrunking Order 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
1st September 1989


text:
Title and commencement
1
This Order may be cited as the Cereals Marketing Act (Application to Oilseeds) Order 1989 and shall come into force on 14th August 1989.
Extension of the Cereals Marketing Act 1965
2
Rapeseed, linseed, soyabean and sunflowerseed, being crops falling within section 6(2) of the Agriculture Act 1986, are hereby specified as being crops to which the Cereals Marketing Act 1965 shall apply.
Amendment of the Cereals Marketing Act 1965
3
Section 24 of the Cereals Marketing Act 1965 is hereby amended in accordance with the following provisions of this Order.
4
1
In subsection (2)–
a
in the definition of “home-grown cereals” for the words “or triticale” there shall be substituted the words “, triticale, rapeseed, linseed, soyabean or sun-flowerseed”; and
b
in the definition of “year” for the words “1st August” there shall be substituted the words “1st July”.
2
In subsection (3) for the words “and triticale” there shall be substituted the words, “, triticale, rapeseed, linseed, soyabean and sunflowerseed”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
10th July 1989
Peter Walker
Secretary of State for Wales
11th July 1989
Tom King
Secretary of State for Northern Ireland
12th July 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 trunk road with another highway at the place stated in that Schedule (the highways along these routes being in this Order referred to as“the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
In this Order–
i
“the deposited plan” means the plan numbered HA10/2E/288, marked“The A12 Trunk Road (Capel St. Mary Grade-Separated Junction Slip Roads) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road” means the A12 Trunk Road.
4
This Order shall come into force on 16th October 1989 and may be cited as the A12 Trunk Road (Capel St. Mary Grade-Separated Junction Slip Roads) Order 1989.
Signed by authority of the Secretary of State
Alan Whitfield
Regional Director Eastern Region
Department of Transport
11th September 1989


text:
PART I
THE TRAFFIC SIGNS (AMENDMENT) REGULATIONS 1989
1
These Regulations may be cited as the Traffic Signs (Amendment) Regulations 1989 and shall come into force on 18th December 1989.
2
The Traffic Signs Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
3
In regulation 7 –
a
in the cross heading for the words “section 22 of the Road Traffic Act 1972” there shall be substituted “section 36 of the Road Traffic Act 1988”;
b
in paragraph (1) for the words “section 22 of the Road Traffic Act 1972” there shall be substituted “section 36 of the Road Traffic Act 1988”;
c
in paragraph (1)(a) after “616” there shall be inserted “,629.2”;
d
in paragraph (2) for the words “column 5 of Part I of Schedule 4 to the said Act of 1972 in relation to section 22 thereof,” there shall be substituted “column 5 of the entry in Schedule 2 to the Road Traffic Offenders Act 1988 relating to offences under section 36 of the Road Traffic Act 1988”; and
e
the word “and” immediately following paragraph (2)(f) shall be omitted and after paragraph (2)(g) there shall be inserted the following words –
; and
h
the sign shown in the diagram numbered 629.2.
.
PART II
THE TRAFFIC SIGNS (AMENDMENT) GENERAL DIRECTIONS 1989
1
These Directions may be cited as the Traffic Signs (Amendment) General Directions 1989 and shall come into force on 18th December 1989.
2
The Traffic Signs General Directions 1981 shall be further amended in accordance with the following provisions of these Directions.
3
In these Directions any references to a numbered direction or to a numbered paragraph of such a direction are references, respectively, to a paragraph or sub-paragraph so numbered in the Traffic Signs General Directions 1981.
4
In direction 6 for paragraph (2) there shall be substituted –
2
The sign shown in a diagram specified in an item in column 2 of the Table may be placed on or near a road in the circumstances specified in that item in column 3 of the Table notwithstanding that it does not in those circumstances indicate the effect mentioned in paragraph (1).
TABLE
Column 1 Column 2 Column 3 Item Diagram Circumstances
1 606 On the central island of a roundabout or in combination with a plate of the type shown in diagram 608. 2 609 On a road approaching its junction with a dual-carriageway road or in combination with a plate of the type shown in diagram 608. 3 616, 1046 or 1047 At a site which has been approved in writing by or on behalf of the Secretary of State. 4 629.2 On –
a
the approach to a bridge, tunnel or similar structure which limits the height of vehicles using the road under the bridge, through the tunnel or under or through the similar structure; or
b
any such bridge, tunnel or similar structure.
5 712.1, 719.3A or 729.2 When including a symbol represented in –
a
any diagram in Part I of Schedule 1 to the Regulations; or
b
diagram 629.2 in Part II of that Schedule in the circumstances specified in item 4 above.
6 818.2 When placed to indicate that the prohibition indicated by the sign shown in diagram 629.2 is ahead, provided that that sign has been placed in the circumstances specified in item 4 above.
3
In this direction, “dual-carriageway road” means a length of road on which one part of the carriageway is separated from another part by a central reservation, and “central reservation” means any provision made in a road (not being the provision of a street refuge) for separating one part of the carriageway from another part for the safety and guidance of vehicular traffic using that road.
.
Cecil Parkinson
Secretary of State for Transport.
9th November 1989
Malcolm Rifkind
Secretary of State for Scotland.
10th November 1989
Peter Walker
Secretary of State for Wales.
16th November 1989


text:
Citation and commencement
1
This Order may be cited as the Nurses, Midwives and Health Visitors (Parts of the Register) Amendment Order 1989 and shall come into force on 20th February 1989.
Amendment of Order
2
The Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983 is amended as follows:–
a
Article 3 (closure of Part 9 of the register) is revoked;
b
in Schedule 1 (Parts of the register) for “Part 9” to “fever” there is substituted “Part 9 — Nurses who are trained in the nursing of persons suffering from fever and who either were registered as such on 1st July 1983, or are not registered in, and cannot be admitted to, any other Part of the register”.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
26th January 1989


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Designation of Countries) Order 1989 and shall come into force on 7th December 1989.
2
The Republic of Ireland is hereby designated as a party to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977.
David Waddington
One of Her Majesty’s Principal Secretaries of State, Home Office
28th November 1989


text:
1
1
These Regulations may be cited as the Housing (Preservation of Right to Buy) Regulations 1989 and shall come into force on 5th April 1989.
2
In these Regulations, “Part V” means Part V of the Housing Act 1985.
2
Where a landlord disposes of an interest in a dwelling-house in the circumstances described in section 171A(1) of the Housing Act 1985 (cases in which right to buy is preserved), Part V continues to apply subject to the exceptions, adaptations and other modifications specified in Schedule 1 to these Regulations.
3
Part V as it continues to apply by virtue of regulation 2 is set out in Schedule 2 to these Regulations
4
The Local Government Reorganisation (Preservation of Right to Buy) Order 1986 shall not apply in any case where the qualifying disposal, within the meaning of article 3 of that Order, is made on or after the coming into force of these Regulations.
Nicholas Ridley
Secretary of State for the Environment
6th March 1989
Peter Walker
Secretary of State for Wales
6th March 1989