text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Aeroplane and Aeroplane Engine Emission of Unburned Hydrocarbons) Order 1988 and shall come into force on 1st January 1989.
Interpretation
2
1
In this Order —
“An International Standard Atmosphere at sea level” has the meaning specified in Schedule 1 to this Order;
“Authorised person” means any constable and any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“ BCAR ” means British Civil Airworthiness Requirements Section M Emissions Certification — Issue 1 dated 1st May 1986 to be amended by CAA Blue Paper M 847 to be issued on 1st January 1989 with any modifications which may be prescribed;
“the CAA” means the Civil Aviation Authority;
“Contracting State” means any state including the United Kingdom which is party to the Convention;
“the Convention” means the Convention on International Civil Aviation signed on behalf of the United Kingdom at Chicago on 7th December 1944;
“ kN ” means kilonewton, being the expression of force (thrust) using the International System of Units;
“prescribed” means prescribed by Regulations made by the Secretary of State under this Order;
“subsonic” means a level flight speed below Flight Mach 1.0;
“supersonic” means a level flight speed in excess of Flight Mach 1.0;
2
Expressions used in this Order shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1985 .
3
A power to make Regulations under this Order shall include the power to make different provisions with respect to different classes of aeroplane or aeroplane engine and with respect to different circumstances and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of the Order.
Application of Order
3
This Order shall apply to —
a
every aeroplane which is powered by turbojet or turbofan engines to which this Order applies;
b
every turbojet and turbofan engine the rated output of which is greater than 26.7 kN and the date of manufacture of which was on or after 1st January 1989 intended for propulsion of aeroplanes only at subsonic speeds;
c
every turbojet and turbofan engine the date of manufacture of which was on or after 1st January 1989 intended for propulsion of aeroplanes at supersonic speeds.
Unburned hydrocarbons emission requirements
4
1
Subject to paragraph (2) of this article an aeroplane powered by turbojet or turbofan engines to which this Order applies shall not land or take-off in the United Kingdom unless those engines are of a type which have been certified as complying with the requirements relating to the emission of unburned hydrocarbons —
a
by the CAA in accordance with article 5(1); or
b
by the competent authority of a Contracting State other than the United Kingdom in pursuance of the Convention; or
c
by the competent authority of a country being a country prescribed as one which applies standards which in the opinion of the Secretary of State are substantially equivalent to those required for a certification by the CAA in accordance with article 5(1).
2
The foregoing prohibition shall not apply to —
a
an aeroplane flying in accordance with the “A Conditions” or the “B Conditions” set forth in Schedule 2 to the Air Navigation Order 1985;
b
an aeroplane landing or taking off at a prescribed place.
Certification by the Civil Aviation Authority
5
1
The CAA shall certify a type of turbojet or turbofan engine as complying with requirements relating to the emission of unburned hydrocarbons if it is of the opinion that it complies with the applicable standards specified in paragraphs (3) and (4) of this article.
2
For the purpose of certification under this article the applicant for certification shall furnish such evidence and subject engines of a type in respect of which the application for certification has been made to such trials and other tests as the CAA may require.
3
The standards applicable to turbojet or turbofan engines intended for propulsion of aeroplanes only at subsonic speeds shall be those specified in Part I of Schedule 2 to this Order.
4
The standards applicable to turbojet or turbofan engines intended for propulsion of aeroplanes at supersonic speeds shall be those specified in Part II of Schedule 2 to this Order.
5
The certification by the CAA of a type of engine shall be evidenced by a declaration to that effect in the Official Record of the CAA.
6
For the purposes of this article the CAA may accept reports furnished to it by a person whom it may approve, either absolutely or subject to such conditions as it thinks fit, as qualified to furnish such reports.
Revocation, suspension and variation of certification
6
1
The CAA may, if it thinks fit, provisionally suspend any certification, approval, exemption or other document issued under this Order pending inquiry into or consideration of the case. The CAA may, after sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certification, approval, exemption or other document.
2
The provisional suspension and the revocation, suspension or variation of any certification, approval, exemption or other document issued under this Order shall be evidenced by a declaration to that effect in the Official Record of the CAA.
3
The holder or any person having the possession or custody of any approval, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the CAA within a reasonable time after being required to do so by it.
4
The breach of any condition subject to which any certification, approval, exemption or other document has been issued under this Order shall render the certification, approval, exemption or other document invalid during the continuance of the breach.
Power to prevent aeroplanes flying
7
1
If it appears to the CAA or an authorised person that any aeroplane is intended or likely to be flown in such circumstances that article 4 of this Order would be contravened in relation to the flight, the CAA or that authorised person may direct the operator or the commander of the aeroplane that he is not to permit the aeroplane to make the flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the CAA or by an authorised person, and the CAA or that authorised person may take such steps as are necessary to detain the aeroplane.
2
If the operator or commander of an aeroplane fails without reasonable excuse to comply with a direction given to him pursuant to paragraph (1) of this article, he shall be guilty of an offence.
3
For the purposes of pargraph (1) of this article, the CAA or any authorised person may enter upon and inspect any aeroplane.
Right of access to aerodromes and other places
8
The CAA and any authorised person shall have, for the purpose of ascertaining whether the provisions of this Order are being complied with, the right of access at all reasonable times —
a
to any aerodrome for the purpose of inspecting any aeroplane on the aerodrome and for the purpose of detaining any aeroplane under this Order, and
b
to any place where an aeroplane has landed, for the purpose of inspecting the aeroplane and for the purpose of detaining the aeroplane under this Order:
Provided that access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.
Obstructing of persons
9
A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Penalties
10
1
If any provision of this Order or of any Regulations made thereunder is contravened in relation to an aeroplane, the operator of the aeroplane and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
2
If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or any Regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.
3
If any person contravenes any provision of this Order, he shall be liable on summary conviction to a fine not exceeding £1000.
Application of Order to the Crown and visiting forces etc.
11
1
Subject to the following provisions of this article, the provisions of this Order shall apply to or in relation to aeroplanes together with the engines fitted thereto, belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aeroplanes, and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aeroplane shall be deemed to be the operator of the aeroplane and in the case of an aeroplane belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aeroplane:
Provided that nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aeroplane.
2
The naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order and of any Regulations made thereunder to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.
3
Nothing in this Order shall apply to or in relation to any military aeroplane.
Exemption
12
The CAA may exempt from any of the provisions of this Order or any Regulations made thereunder any aeroplane, aeroplane engine or person or classes of aeroplane, aeroplane engines or persons either absolutely or subject to such conditions as it thinks fit.
G. I. de Deney
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
These Regulations may be cited as the Family Credit (Transitional) Amendment Regulations 1988 and shall come into force on 20th February 1988.
Amendment of regulations 6 and 7 of the Family Credit (Transitional) Regulations 1987
2
In regulations 6(1) and 7 of the Family Credit (Transitional) Regulations 1987 (determination of circumstances where family credit replaces family income supplement or is claimed before 11th April 1988) for the words “section 20(5)” wherever they occur there shall be substituted the words “sections 20(5) and 22(6)”.
Signed by authority of the Secretary of State for Social Services
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
17th February 1988


text:
PART I
title, commencement and interpretation
Title and commencement
1
These Regulations may be cited as the Milk (Special Designation) Regulations 1988, and shall come into force on 1st January 1989.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“accredited herd” means a herd which to the satisfaction of the Minister either–
has been found to be free from brucellosis by means of a series of diagnostic tests carried out by him or on his behalf and has been, since the date of commencement of such tests, the subject of adequate precautions against the introduction or re-introduction and consequent spreading of brucellosis; or
has been wholly constituted by the transfer of animals from other accredited herds in Great Britain or from such similar herds outside Great Britain as the Minister may either generally or in any special case allow, and has been, since being so constituted, the subject of such precautions as aforesaid;
“ the Act ” means the Food Act 1984;
“atmospheric shade box” means a well ventilated box or cupboard so situated on the outside of a wall on the north side of a building or in a comparable position that it is at all times in the shade, such box or cupboard being not less than 90 cm. above the ground at its lowest point and having inside it a maximum thermometer and a minimum thermometer of the meteorological type, accurate to within 0.5°C.;
“atmospheric shade temperature” means the temperature inside an atmospheric shade box;
“brucellosis” means the disease caused by brucella abortus;
“bulk milk” means milk which is not pre-packed;
“business” includes the business of a hospital, school or other institution whose selling of milk is incidental only to the rendering of the health, education or other services rendered by the institution;
“consumer” means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale;
“dealer’s licence” means a licence granted to any person to use the special designation “Pasteurised”, “Sterilised” or “Ultra Heat Treated” in relation to milk sold by him and “licensed dealer” means a person to whom a dealer’s licence has been granted;
“farm bottled milk” means untreated milk which has been produced from a herd owned or controlled by a licensed producer and bottled, or placed in cartons or other containers, at the place of production;
“herd” means the milch cows in respect of whose milk any licence is applied for or granted, as the case may be, and includes any other bovine animals for the time being kept in contact with such cows;
“licence” means a licence granted by or under these Regulations;
“licence held by a retailer for a specified area” means a licence authorising the use of a special designation held by a person carrying on a business which includes any sales which are sales for the purpose of which the use of a special designation is obligatory by virtue of Part II of the Act and are of milk in relation to which that licence authorises the use of a special designation;
“licensing authority” means, in relation to a grant of a licence, the authority having power to grant the licence by virtue of these Regulations, and, in relation to a licence which has been granted, the authority who would for the time being have power by virtue of these Regulations to grant a licence by way of renewal thereof if it had expired; and “licensing area” means the area of such licensing authority;
“milch cow” means a cow kept for milking purposes;
“milk” means cows' milk, but does not include cream, or separated, skimmed, dried, condensed or evaporated milk, or butter milk;
“the Minister” means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
“pre-packed” means packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer;
“presentation”, in relation to milk, includes the appearance or packaging of the milk, the way in which the milk is arranged when it is exposed for sale and the setting in which the milk is displayed with a view to sale, but does not include any form of labelling or advertising;
“producer’s licence” means a licence granted to any person owning or having control of a herd to use the special designation “Untreated” in relation to milk produced from that herd and sold by him at or from the premises where the herd is maintained; and “licensed producer” means any person to whom such a licence has been granted;
“raw milk” means milk which has not been treated by heat;
“sample” means a sample taken by a person duly authorised in that behalf by the licensing authority or the Minister;
“sell” includes offer or agree to sell or expose for sale; and “sale” shall be construed accordingly;
“selling” means selling in the course of a business, and includes, in relation to milk, supplying it under arrangements for free supply or in the course of any business otherwise than under such arrangements; and references to sales and contracts of sale shall be construed accordingly;
“selling milk by retail” means selling it–
to any person other than a milk dealer (that is to say, a person who carries on a business which consists in or comprises the selling of milk that has been pasteurised, sterilised or ultra heat treated), an untreated milk distributor (that is to say, a person who carries on a business which consists in or comprises the selling of untreated milk) or a manufacturer of milk products (that is to say, a person who carries on a business which consists in or comprises the making of things made from milk or of which milk is an ingredient); or
to such a dealer, untreated milk distributor, or manufacturer otherwise than for the purpose of his business as such;
“selling milk by wholesale” means selling milk otherwise than by retail;
“specified area” means an area in which section 40 of the Act is in operation;
“untreated milk distributor’s licence” means a licence granted to any person to use the special designation “Untreated” in relation to farm bottled milk sold by him, not being milk sold, or appropriate to be sold, by him in accordance with the terms of a producer’s licence; and “licensed untreated milk distributor” means a person to whom an untreated milk distributor’s licence has been granted.
2
Any reference in these Regulations to a numbered regulation or to a Schedule shall, unless the reference is to a regulation of, or a Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
PART II
general provisions as to licences
Special designations
3
The special designations which may be used in accordance with these Regulations in relation to milk are “Untreated”, “Pasteurised”, “Sterilised”, and “Ultra Heat Treated”.
Application for licence
4
Subject to the provisions of these Regulations, any person who intends to use in relation to milk a special designation authorised by these Regulations shall, unless he already holds an appropriate licence currently in force, apply in writing in accordance with the provisions of these Regulations to the licensing authority for a licence to use such special designation.
Refusal of licence
5
Subject to the provisions of these Regulations, the licensing authority may refuse to grant a licence (whether in renewal of an existing licence or not) if they are not satisfied that the applicant’s arrangements and processes for the production, handling, treatment, storage and distribution of milk, as the case may be, are such as to comply with all relevant provisions contained in any Milk and Dairies Regulations and Milk (Special Designation) Regulations, including these Regulations.
Conditions of licences
6
1
Every licence to use the special designation “Untreated” shall be subject to such of the following conditions as are applicable:–
a
the general conditions set out in Schedule 1;
b
the special conditions set out in Schedule 2;
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Part II of that Schedule;
d
the detailed conditions as to labelling set out in Schedule 6.
2
Every licence to use the special designation “Pasteurised” shall be subject to such of the following conditions as are applicable:–
a
the general conditions set out in Schedules 1 and 3;
b
the special conditions set out in Part I of Schedule 4;
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Parts II, III , IV and V of that Schedule;
d
the detailed conditions as to labelling set out in Schedule 6.
3
Every licence to use the special designation “Sterilised” shall be subject to such of the following conditions as are applicable:–
a
the general conditions set out in Schedules 1 and 3;
b
the special conditions set out in Part II of Schedule 4;
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Parts IV and VI of that Schedule;
d
the detailed conditions as to labelling set out in Schedule 6.
4
Every licence to use the special designation “Ultra Heat Treated” shall be subject to such of the following conditions as are applicable:–
a
the general conditions set out in Schedules 1 and 3;
b
the special conditions set out in Part III of Schedule 4;
c
the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Part IV of that Schedule;
d
the detailed conditions as to labelling set out in Schedule 6.
Form of licence
7
1
Every licence granted under these Regulations shall be in the appropriate form contained in Schedule 7 with such modifications, if any, as the circumstances may require, that is to say–
a
a producer’s licence authorising the use of the special designation “Untreated” shall be in form A;
b
an untreated milk distributor’s licence authorising the use of the special designation “Untreated” for untreated farm bottled milk shall be in form B;
c
a dealer’s licence authorising the use of the special designation “Pasteurised” (where pasteurisation has been carried out by the dealer) shall be in form C;
d
a dealer’s licence authorising the use of the special designation “Sterilised” (where sterilisation has been carried out by the dealer) shall be in form D;
e
a dealer’s licence authorising the use of the special designation “Ultra Heat Treated” (where ultra heat treatment has been carried out by the dealer) shall be in form E;
f
a dealer’s licence authorising the use of the special designations “Pasteurised”, “Sterilised”, “Ultra Heat Treated”, in respect of pre-packed milk, shall be in form F.
2
A licence other than a dealer’s licence granted by the Minister to the Milk Marketing Board shall authorise the use of a special designation only in relation to milk sold at or from the premises mentioned in the licence.
PART III
grant of producers' licences
Producers' licences
8
1
Subject to the provisions of these Regulations–
a
every producer’s licence shall be granted by the Minister;
b
every producer’s licence shall continue in effect until the expiration of the period of three years in which it takes effect, being one of the periods of three years ending with 31st October 1991 or in any third succeeding year;
c
notwithstanding sub-paragraph (b) hereof, a producer’s licence may be granted by the Minister for a temporary purpose for a period not exceeding one month.
2
Unless previously revoked, any producer’s licence, other than a licence granted for a temporary purpose, may, on application by the licensed producer, be renewed from time to time by the Minister for a period calculated in the manner set out in this regulation.
PART IV
refusal, suspension and revocation of producers' licences and appeals arising therefrom
Refusal, suspension and revocation of producers' licences
9
1
The Minister shall not revoke a producers' licence being a licence to which section 45 of the Act applies (that is to say, a licence held by a retailer for a specified area) or refuse a grant of a licence by way of renewal of any such licence on the ground of breach of a condition thereof, unless–
a
the breach in question is of a condition to which section 45 as aforesaid applies,
b
the holder of the licence has been convicted of an offence under that section by virtue of the breach in question, or has been convicted, within twelve months before the time of the breach in question or after the time of it, of an offence under section 39, 40 or 41 of the Act, or of an offence under Milk and Dairies Regulations for which a penalty is thereby imposed, and
c
the decision of the licensing authority to revoke, or to refuse renewal, as the case may be, is made within twelve months from the date of the breach in question.
2
The Minister shall not suspend a producer’s licence, being a licence held by a retailer for a specified area, on the ground of breach of a condition thereof, by virtue of any one decision by him, for a period of more than 3 months, but the period of suspension awarded by any such decision may be extended by a subsequent such decision made in accordance with regulation 10.
Procedure
10
1
Subject, as respects the suspension or revocation of a producer’s licence which is a licence held by a retailer for a specified area, to regulation 9 and to paragraph (2) below, the Minister may suspend or revoke a producer’s licence on the ground of any breach of a condition thereof, being a breach by virtue of which the producer has been convicted of an offence under section 45 of the Act, or which, not being such a breach as aforesaid, is proved (in a case referred to a tribunal by virtue of these Regulations) by the finding of the tribunal, or (in any other case) to the satisfaction of the Minister.
2
No producer’s licence shall be suspended or revoked by reason only of the producer’s milk being found not to comply with the conditions of the licence after it has left his custody and control, if he shows to the satisfaction of the Minister that such non-compliance was not due to any act or default of himself or of his servants or agents.
3
Where the Minister proposes to refuse to grant a producer’s licence, or proposes to suspend or revoke such a licence, he shall serve on the person affected a notice informing him of the proposal and the reasons therefor, and of his right under paragraph (4) below.
4
The person affected may within 21 days after the receipt of such notice make representations in writing to the Minister in respect of all or any of the reasons stated therein, and where the issue is as to revocation or suspension of a producer’s licence, being a licence held by a retailer for a specified area, or refusal of a grant of a licence by way of renewal of such a licence, he may within the same period request the Minister to refer the matter to a tribunal constituted in accordance with these Regulations. If such request is made to the Minister as aforesaid, he shall forthwith refer the matter to a tribunal in accordance with the provisions of Schedule 8 and on receipt of the tribunal’s report the Minister shall send a copy thereof to the person affected.
5
The decision of the Minister to refuse to grant, or to suspend, or to revoke, a producer’s licence shall be final, but before making his decision he shall consider any representations made under the preceding paragraph and where the matter has been referred to a tribunal, the report of the tribunal. The Minister shall serve on the person affected a notice informing him of the decision and the reasons therefor.
6
Where before the end of the period for which a producer’s licence was granted, the holder of that licence applies for a licence in renewal thereof and his application is not finally determined before the end of the said period, the existing licence shall, subject to any suspension under these Regulations, remain in force until his application is so determined, and where notice of a proposal to refuse to grant such a licence is given by the Minister during the currency of a period when representations may be made against his proposed decision to suspend or revoke the existing licence, or in the case of a retailer for a specified area reference to a tribunal in respect of the matter may be requested, such representations or reference shall be deemed to include representations or reference in respect of such refusal.
Tribunals
11
Where under this Part of these Regulations any issue is referred to a tribunal the constitution and procedure of the tribunal shall conform with the provisions of Schedule 8.
PART V
provisions relating to the granting of untreated milk distributors' licences
Untreated milk distributors' licences
12
1
Subject to the provisions of these Regulations–
a
every untreated milk distributor’s licence, other than a licence specified in sub-paragraph (b) below, shall be granted by the local authority for the area within which are situated the premises at or from which the milk is to be sold;
b
every untreated milk distributor’s licence granted–
i
to the Milk Marketing Board in relation to milk sold by the Board otherwise than at or from any of the Board’s premises where milk intended for sale or sold is handled by them,
ii
to a county council, or
iii
to a local authority,
shall be granted by the Minister;
c
application may be made for an untreated milk distributor’s licence in relation to farm bottled milk obtained by the applicant pre-packed from a licensed producer to use the special designation “Untreated” for the purpose of re-selling such milk to the ultimate consumer (as defined in Schedule 6) only.
2
In an application for an untreated milk distributor’s licence the applicant shall state the name and address of each licensed producer from whom he proposes to obtain the milk.
3
In this regulation the expression “local authority” has the meaning assigned to it by section 72 of the Act.
Duration of untreated milk distributors' licences
13
1
Every untreated milk distributor’s licence shall, subject to the provisions of these Regulations, continue in effect until the expiration of the period of three years in which it takes effect, being one of the periods of three years ending with 31st October in 1991 or in any third succeeding year.
2
Any untreated milk distributor’s licence, unless previously revoked, may, on application by the licensed untreated milk distributor, be renewed from time to time by the licensing authority for a period calculated in the manner set out in this regulation.
PART VI
provisions relating to the granting of dealers' licences
Dealers' licences
14
1
Subject to the provisions of these Regulations–
a
every dealer’s licence, other than a licence specified in sub-paragraph (b) below, shall be granted by the local authority for the area within which are situated the premises at or from which the milk is to be pasteurised, sterilised, treated by the ultra high temperature method or sold, as the case may be;
b
every dealer’s licence granted–
i
to the Milk Marketing Board in relation to milk sold by the Board otherwise than at or from any of the Board’s premises where milk intended for sale or sold is handled by them;
ii
to a county council; or
iii
to a local authority;
shall be granted by the Minister;
c
application may be made for a dealer’s licence to use the special designation “Pasteurised”, “Sterilised” or “Ultra Heat Treated”, as the case may be, in relation to milk pasteurised by the applicant in accordance with the provisions of Schedule 3 and Part I of Schedule 4, sterilised by him in accordance with the provisions of Schedule 3 and Part II of Schedule 4, or treated by him by the ultra high temperature method in accordance with the provisions of Schedule 3 and Part III of Schedule 4;
d
application may be made in relation to milk–
i
obtained by the applicant pre-packed in respect of which any of the special designations “Pasteurised”, “Sterilised” or “Ultra Heat Treated” may be used by virtue of these Regulations;
ii
pasteurised, sterilised or treated by the ultra high temperature method by the applicant in accordance with the provisions of a licence granted under sub-paragraph (c) above;
for a dealer’s licence to use a special designation for the purpose of selling such milk by wholesale or by retail and such a licence may authorise the use of one or more special designations.
2
In an application for a dealer’s licence, other than an application made in accordance with paragraph (1)(c) above, the applicant shall state the name and address of each person from whom he proposes to obtain the milk.
3
In this regulation, the expression “local authority” has the meaning assigned to it by section 72 of the Act.
Duration of dealers' licences
15
1
Every dealer’s licence shall, subject to the provisions of these Regulations, continue in force until the expiration of the period of five years in which it comes into force, being one of the periods of five calendar years ending with 31 December in the year 1990 and in any fifth succeeding year.
2
Any dealer’s licence, unless previously revoked, may on application by the licensed dealer be renewed from time to time by the licensing authority for a period calculated in the manner set out in paragraph (1) above.
PART VII
refusal, suspension and revocation of untreated milk distributors' licences and dealers' licences and appeals arising therefrom
Refusal, suspension and revocation of untreated milk distributors' licences and dealers' licences
16
1
The licensing authority shall not revoke a licence being a licence to which section 45 of the Act applies (that is to say, a licence held by a retailer for a specified area) or refuse a grant of a licence by way of renewal of any such licence on the ground of breach of a condition thereof unless–
a
the breach in question is of a condition to which section 45 as aforesaid applies,
b
the holder of the licence has been convicted of an offence under that section by virtue of the breach in question, or has been convicted within twelve months before the time of the breach in question or after the time of it, of an offence under section 39, 40 or 41 of the Act, or of an offence under Milk and Dairies Regulations for which a penalty is thereby imposed, and
c
the decision of the licensing authority to revoke, or to refuse renewal, as the case may be, is made within twelve months from the date of the breach in question.
2
The licensing authority shall not suspend a licence, being a licence held by a retailer for a specified area, on the ground of breach of a condition thereof, by virtue of any one decision by the licensing authority, for a period of more than 3 months, but the period of suspension awarded by any such decision may be extended by a subsequent such decision made in accordance with the provisions of regulation 17.
Procedure
17
1
Subject, as respects suspension or revocation of a licence which is a licence held by a retailer for a specified area, to the provisions of the preceding regulation, the licensing authority may suspend or revoke a licence on the ground of any breach of a condition thereof being a breach by virtue of which the holder has been convicted of an offence under section 45 of the Act, or which, not being such a breach as aforesaid, is proved (in a case referred to a tribunal by virtue of the subsequent provisions of these Regulations) by the finding of the tribunal, or (in any other case) to the satisfaction of the licensing authority.
2
The following provisions shall apply where a licensing authority, other than the Minister, propose to suspend or revoke a licence or to refuse to grant such a licence:–
a
The authority shall serve on the person affected a notice informing him of the proposal and the reasons therefor, and of his right under sub-paragraph (b) below.
b
The person affected may within 21 days after the receipt of such a notice require the authority to afford him an opportunity of being heard by the appropriate committee of the authority and the authority shall comply with any such requirement before making their decision.
c
Any such hearing by a committee shall be in public and the person affected shall be entitled to be heard by himself or by counsel or a solicitor or other representative as he may elect, and he or his representative shall be entitled to call witnesses and to cross-examine witnesses called by another.
d
Where the decision of the authority is adverse to the person affected, that person may within 21 days after being notified of that decision appeal to the Minister and the authority shall give notice of such right together with notice of their decision and the reasons for that decision.
e
A decision of the licensing authority to suspend or revoke a licence shall not have effect until 21 days after the receipt by the person affected of notice thereof and, in the event of an appeal against the decision, until the end of the period in respect of which the licence was granted or until the determination of the appeal, whichever is the earlier.
f
The Minister on any such appeal, before making his decision, shall, by notice, afford to the person affected an opportunity of making representations within a period of 21 days, and where the issue is as to revocation or suspension of a licence held by a retailer for a specified area or refusal of a grant of a licence by way of renewal of such a licence and the person affected so requests, the Minister shall refer the matter to a tribunal in accordance with the provisions of Schedule 8.
g
On receipt of the tribunal’s report the Minister shall send a copy thereof to the person affected and before making his decision the Minister shall consider the report. The Minister shall give his decision in writing and shall give reasons for his decision.
h
In any such appeal any reference in these Regulations to anything being done to the satisfaction of the licensing authority shall be treated as if the reference were to the satisfaction of the Minister who in determining any such appeal may, if he thinks fit, take into consideration any change of circumstances brought about since the date of the licensing authority’s decision.
i
The decision of the Minister on any such appeal shall be final and the licensing authority shall comply therewith.
3
Where the Minister acting as a licensing authority proposes to revoke or suspend a licence or to refuse to grant such a licence he shall serve on the council or board affected a notice informing them of the proposal and the reasons therefor and shall by notice afford such council or board an opportunity of making representations within a period of 21 days, and where the issue is as to revocation or suspension of a licence held by a retailer for a specified area or refusal of a grant of a licence by way of renewal of such a licence and the council or board affected so requests, the Minister shall refer the matter to a tribunal in accordance with the provisions of Schedule 8.
4
On the receipt of the tribunal’s report the Minister shall send a copy thereof to the council or board affected and before making his decision the Minister shall consider the report. The Minister shall give his decision in writing and shall give reasons for his decision.
5
Where before the end of the period for which a licence was granted the holder of the licence applies for a grant of a licence in renewal thereof and his application is not finally determined before the end of the said period, the existing licence shall, subject to any suspension under these Regulations, remain in force until his application is so determined, and where notice of a proposal to refuse to grant the licence is given by the licensing authority–
a
during the currency of a period when representations may be made against the licensing authority’s proposed decision to suspend or revoke the existing licence;
b
during the currency of an appeal to the Minister against a decision by a licensing authority, other than the Minister, to suspend or revoke the existing licence; or
c
in the case of a retailer for a specified area, after he has requested a reference to a tribunal and before the consideration of that reference by the tribunal;
such representations, appeal or reference, as the case may be, shall be deemed to include representations, an appeal or reference in respect of such refusal.
Tribunals
18
Where under this part of these Regulations any issue is referred to a tribunal the constitution and procedure of the tribunal shall conform with the provisions of Schedule 8.
Interpretation of “licence”
19
In this Part of these Regulations the word “licence” means an untreated milk distributor’s licence or a dealer’s licence.
PART VIII
miscellaneous provisions including revocations
Internal trade
20
1
Where milk is brought into England and Wales from Scotland–
a
a Scottish licence (that is to say a licence granted under legislation having effect for the time being in Scotland) authorising the use, in relation to that milk, of a designation corresponding to a special designation prescribed by these Regulations shall have effect as if it had been granted under these Regulations; and
b
so far as any conditions prescribed in these Regulations for a licence authorising the use of that special designation would relate to anything to be done before that milk enters England and Wales, they shall be deemed to be satisfied if the corresponding conditions of that Scottish licence are complied with.
2
Where milk is brought into England and Wales from Northern Ireland–
a
a Northern Irish licence (that is to say a licence granted under legislation having effect for the time being in Northern Ireland) authorising the sale, offer or exposure for sale of that milk under a designation corresponding to a special designation prescribed by these Regulations shall have effect as if it had been granted under these Regulations; and
b
so far as any conditions prescribed in these Regulations for a licence authorising the use of that special designation would relate to anything to be done before that milk enters England and Wales, they shall be deemed to be satisfied if the corresponding conditions attaching to that Northern Irish licence are complied with.
Enforcement
21
1
The provisions of section 45 of the Act (which relate to breaches of certain conditions of licences held by retailers for specified areas) shall, so far as they relate to licences under these Regulations, other than licences authorising the use of a special designation in relation to raw milk by the producer thereof, or authorising the use of a special designation by a local authority, be enforced by the licensing authority.
2
In this regulation, the expression “local authority” means a local authority within the meaning of the Local Government Act 1972 .
3
Every licensing authority shall give such assistance and information to any other licensing authority as that other licensing authority may reasonably require for the purpose of carrying out their duties under these Regulations.
Revocation and savings
22
1
Any licence to use a special designation granted under the Milk (Special Designation) Regulations 1986 and in force immediately before the coming into force of these Regulations shall continue in force and have effect as if it had been granted under and subject to the provisions of these Regulations.
2
The Milk (Special Designation) Regulations 1986 and the Milk (Special Designation) (Amendment) Regulations 1988 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
15th December 1988
Peter Walker
Secretary of State for Wales
15th December 1988


text:
1
This Order may be cited as the Gipsy Encampments (Metropolitan Borough of Gateshead) Order 1988 and shall come into force on 4th May 1988.
2
The area of the Metropolitan Borough of Gateshead is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
29th March 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1988 and shall come into force on 12th September 1988.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order, and the reference to column 3 of the Schedule shall be construed as including a reference to the note to that column.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop etc. as is mentioned in any entry in column 1 of the Schedule —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount which, for the period of 12 months beginning with 12th September 1988, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount so specified in column 3 of the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1987( ) is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th August 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
4th August 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the roundabouts and the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA 10/2E/291 marked “The A47 Leicester — Great Yarmouth Trunk Road (Norwich Southern Bypass and Slip Roads) (Western Section) Order 1988” 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 roads”
means the main new trunk road and the roundabouts and the slip roads.
5
This Order shall come into force on 12th August 1988 and may be cited as the A47 Leicester — Great Yarmouth Trunk Road (Norwich Southern Bypass and Slip Roads) (Western Section) Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
27th July 1988


text:
1
These Regulations may be cited as the Education Support Grants (Amendment) Regulations 1988 and shall come into force on 12th August 1988.
2
For regulation 4 of the Education Support Grants Regulations 1984 there shall be substituted the following regulation —
4
1
Grants paid after 12th August 1988 in respect of any expenditure which is approved as provided in regulation 3 shall, except as provided in paragraph (2), be payable at the rate of 70 per cent. of the expenditure so approved.
2
Such grants in respect of any expenditure which is approved as provided in regulation 3 in respect of item 4(a) in the Schedule hereto and which is incurred on or after 1st April 1988 shall be payable at the rate of 50 per cent.
.
Kenneth Baker
Secretary of State for Education and Science
11th July 1988
Peter Walker
Secretary of State for Wales
12th July 1988


text:
1
The length of the trunk road described in Schedule 1 to this Order and 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 London Borough of Redbridge that the new trunk roads are open for through traffic.
2
The length of the trunk road described in Schedule 2 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 Secretary of State notifies the London Borough of Redbridge that the new trunk roads are open for through traffic.
3
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 HA 10/2 EC 100, marked “The London — Great Yarmouth Trunk Road (A12) (Cambridge Park Detrunking) Order 1988”, 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 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;
iii
“the new trunk roads”
means the trunk roads to be constructed by the Secretary of State in pursuance of the London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Order 1988 ; and
iv
“the trunk road”
means the London — Great Yarmouth Trunk Road (A12).
4
This Order shall come into force on 3rd November 1988 and may be cited as the London — Great Yarmouth Trunk Road (A12) (Cambridge Park Detrunking) Order 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
26th October 1988


text:
Citation and commencement
1
These Regulations may be cited as the Agriculture Improvement (Amendment) (No. 2) Regulations 1988 and shall come into force on 17th November 1988.
Saving
2
These Regulations shall not apply in relation to any claim for grant towards expenditure incurred for the purposes of the Agriculture Improvement Regulations 1985( (hereinafter called “the principal Regulations”) before 17th November 1988, and these Regulations shall not affect the operation of the principal Regulations in relation to any such claim for grant.
Amendment of principal Regulations
3
The principal Regulations shall be amended in accordance with regulations 4 to 12 below.
4
In regulation 2 thereof (interpretation) there shall be substituted for paragraph (2) the following paragraph —
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
.
5
For the words “the Schedule” in each place where they occur in the principal Regulations (as amended by regulation 4 above) there shall be substituted the words “Schedule 1”.
6
In regulation 6(3) thereof (restrictions on approval of improvement plans) —
a
in sub-paragraph (g) there shall be inserted after the words “proposed expenditure” the words “, other than in relation to any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 2,”;
b
in sub-paragraphs (m) and (n) there shall be inserted at the end the words “unless the excess expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 2”.
7
In regulation 9(1)(a) thereof (improvement grants) at the end the word “and” shall be omitted and there shall be inserted the following paragraph —
iii
in relation to the Isles of Scilly only, any of paragraphs 1 to 5 in column 1 of Schedule 2; and
.
8
In regulation 10 thereof (amounts of grant under regulation 9(1)) —
a
in paragraph (2) there shall be inserted after the words “In the case of any” the word “such”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
Subject to the provisions of this regulation and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
;
c
in paragraph (3) (as amended by regulation 5 above) there shall be inserted after the words “Schedule 1” the words “or in column 2 of Schedule 2”.
9
In regulation 12(2) (claims for grant) there shall be inserted after sub-paragraph (b) the following sub-paragraph —
c
any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2 unless the claim for grant is received by him on or before 16th November 1994
.
10
After regulation 12 thereof there shall be inserted the following regulation —
“12A. The appropriate Minister shall not pay grant under these Regulations in relation to any expenditure incurred on or after 17th November 1993 in respect of any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2.”.
11
For the heading “SCHEDULE” in the Schedule to the principal Regulations there shall be substituted the heading “SCHEDULE 1”.
12
The Schedule to these Regulations shall be inserted after the existing Schedule to the principal Regulations as Schedule 2 thereto.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th November 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
11th November 1988!00


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1988 and shall come into force on 12th July 1988.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
20th June 1988


text:
1
The lengths of 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 classified road as from the date on which the Secretary of State notifies the County Councils of Somerset, Dorset or Wiltshire that the new trunk roads are open for through traffic.
2
In this Order: — (1) all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”means the plan numbered HA 10/2 SWM 51 marked“The London — Penzance Trunk Road A303 (Mere — Wincanton Improvement) (Detrunking) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads”means the trunk roads which are being constructed by the Secretary of State in pursuance of the London — Penzance Trunk Road A303 (Mere — Wincanton Improvement and Slip Road) Order 1988 ;
iv
“the trunk road”means The London — Penzance Trunk Road (A303).
3
This Order shall come into force on 30th September 1988 and may be cited as the London — Penzance Trunk Road A303 (Mere — Wincanton Improvement) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
8th September 1988


text:
1
This Order may be cited as the Value Added Tax (Imported Goods) Relief (Amendment) (No. 2) Order 1988 and shall come into force on 1st January 1989.
2
In this Order and the Value Added Tax (Imported Goods) Relief Order 1984 (hereinafter referred to as the principal Order)–
“member State” means a state which is a member of the European Economic Community;
“third country” means a country other than a member State.
3
Schedule 2 to the principal Order shall be amended in accordance with articles 4 to 8 of this Order.
4
In Group 3 (promotion of trade)–
a
for item 3 there shall be substituted the following item–
3
Printed advertising matter, including catalogues, price lists, directions for use or brochures, which relates to goods for sale or hire by a person established outside the United Kingdom, or to services offered by a person established in another member State, or to transport, commercial insurance or banking services offered by a person established in a third country, and which clearly displays the name of the person by whom such goods or services are offered.
;
b
in Note (2), for the words “Item 3 does not apply in the case of–” there shall be substituted the words “Save in the case of imported printed matter intended for distribution free of charge and relating to either goods for sale or hire or to services offered by a person established in a member State other than the United Kingdom, item 3 does not apply to–”.
5
In Group 5 (health)–
a
after item 9, there shall be added the following item–
10
Samples of reference substances approved by the World Health Organisation for the quality control of materials used in the manufacture of medicinal products.
;
b
in Note (2), for the reference to “Article 60(1)(b)” there shall be substituted a reference to “Article 60”;
c
after Note (4), there shall be added the following Note–
5
Item 10 applies only to samples addressed to consignees authorised to receive them free of tax.
.
6
In Group 7 (printed matter, etc. )–
a
after item 17, there shall be added the following items–
18
Official publications issued under the authority of the country of exportation, international institutions, regional or local authorities and bodies governed by public law established in the country of exportation.
19
Printed matter distributed by foreign political organisations on the occasion of elections to the European Parliament or national elections in the country in which the printed matter originates.
;
b
for the Note to the Group there shall be substituted the following–
Notes:
1
Items 15 and 16 do not apply where the goods contain more than 25 per cent. of private commercial advertising.
2
Items 18 and 19 apply only to publications or printed matter on which value added tax or any other tax has been paid in the country of exportation and which have not benefited, by virtue of their exportation, from any relief from payment thereof.
3
In item 19, “foreign political organisations” means those which are officially recognised as such in the United Kingdom.
.
7
In Group 8 (articles sent for miscellaneous purposes)–
a
in item 8, there shall be deleted the words “, sent by post”;
b
after item 8, there shall be added the following item–
9
Awards, trophies and souvenirs of a symbolic nature and of limited value intended for distribution free of charge at business conferences or similar international events to persons normally resident in a country other than the United Kingdom.
;
c
for the Note to the Group there shall be substituted the following–
Note: Items 5, 6, 7 and 9 do not apply to any importation of a commercial character.
.
8
For Group 10 (transport) there shall be substituted the following–
GROUP 10 —
TRANSPORT
Item No.
1. Fuel contained in the standard tanks of a vehicle or of a special container, for use exclusively by such vehicle or such special container. 2. Fuel, not exceeding 10 litres for each vehicle, contained in portable tanks carried by a vehicle, for use exclusively by such vehicle. 3. Lubricants contained in a vehicle, for use exclusively by such vehicle. 4. Litter, fodder and feedingstuffs contained in any means of transport carrying animals, for the use of such animals during their journey. 5. Disposable packings used for the stowage and protection of goods during their transportation to the United Kingdom.
Notes:
1
“Standard tanks” means any of the following–
a
tanks permanently fitted to a vehicle and which are fitted to all vehicles of that type by the manufacturer, to supply directly fuel for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems;
b
gas tanks fitted to vehicles designed for the direct use of gas as a fuel;
c
tanks fitted to ancillary systems with which a vehicle is equipped; and
d
tanks permanently fitted to a special container and which are fitted to all special containers of that type by the manufacturer, to supply directly fuel for the operation, during transport, of refrigeration systems and other systems with which special containers are equipped.
2
“Vehicle” means any motor road vehicle.
3
“Special container” means any container fitted with specially designed apparatus for refrigeration systems, oxygenation systems, thermal insulation systems and other systems.
4
Item 2 does not apply in the case of any special purpose vehicle or a vehicle which, by its type of construction and equipment, is designed for and capable of transporting goods or more than nine persons including the driver.
5
Item 3 applies only to lubricants necessary for the normal operation of the vehicle during its journey.
6
Item 5 applies only where the cost of the packings is included in the consideration for the goods transported.
.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1988


text:
Citation, commencement and revocations
1
1
These Regulations may be cited as the Income Tax (Interest Relief) (Housing Associations) Regulations 1988 and shall come into force on 1st August 1988.
2
The Regulations specified in the Schedule are hereby revoked.
Interpretation
2
1
In these Regulations unless the context otherwise requires: —
“housing association” means a housing association for the time being approved for the purposes of section 488 or a self-build society for the time being approved for the purposes of section 489;
“the Principal Regulations ” means the Income Tax (Interest Relief) Regulations 1982 ;
“qualifying member” means a member of a housing association except a member who, or whose husband or wife, holds an office or employment in respect of the emoluments of which he or she would but for some special exemption or immunity from tax be chargeable to tax under Case I, Case II or Case III of Schedule E;
“section” means a section of the Income and Corporation Taxes Act 1988.
2
In the application of these Regulations to Scotland —
a
“a freehold or leasehold estate” means any interest in land; and
b
any reference to a loan on the security of such an estate is a reference to a loan upon a heritable security within the meaning of section 9(8)(a) of the Conveyancing and Feudal Reform (Scotland) Act 1970 .
Introductory
3
Where a housing association borrows or has borrowed from a qualifying lender on the security of a freehold or leasehold estate of that association on land in the United Kingdom sections 369 to 377 and the Principal Regulations shall apply but subject to such modifications and conditions as these Regulations provide and as if, with respect to relevant loan interest on any loan, housing associations were included as qualifying borrowers within section 376(1).
Modification of provisions of Income and Corporation Taxes Act 1988
4
Section 369(1) shall have effect as if at the end there were inserted the words —
“; and, accordingly sections 337(3) (companies beginning or ceasing to carry on a trade), 338 (allowance of charges on income and capital) and 486(2) (interest paid by registered industrial and provident societies) shall not apply to that payment of relevant loan interest”.
5
Section 370 shall have effect as if for subsections (1) and (2) there were substituted the words —
1
Subject to this section and sections 371 to 376, in this Part “relevant loan interest” means interest which is paid and payable in the United Kingdom to a qualifying lender by a housing association and to which subsection (2) or (3) below applies.
2
Subject to subsection (4) below, this subsection applies to interest if, disregarding section 353(2) —
a
it is interest falling within section 354(1); and
b
apart from section 74(o) or 369(1) and, where applicable, section 356A or 373 the whole of the interest would be taken into account as a deduction, either in a computation of total income, or against total profits for the purposes of corporation tax; and
c
it is interest on a loan to a housing association which is secured on a freehold or leasehold estate of land in the United Kingdom of which the housing association is the owner; and
d
within 12 months of its becoming due, the land (and where it includes separate dwellings each of them) is occupied by the housing association or is used wholly or to a substantial extent as the only or main residence of a qualifying member or members of the association (including a qualifying member who resides in living accommodation which for him is job related within the meaning of section 356(3)), or, subject to section 44(6) of the Finance Act 1988, of a dependent relative or former or separated spouse (within the meaning of section 355(1)(a) or (b)) of a member.
.
6
Section 373 shall have effect as if for subsections (1) to (5) there were substituted the words —
1
The provisions of this section have effect in relation to a loan or loans by a qualifying lender to a housing association the total amount of which, where applicable, in relation to a loan made on or after 1st August 1988, having regard to section 356A as if that section applied to the housing association, for the time being exceeds the limit (“the aggregate limit”) found —
a
in relation to a loan made on or after 1st August 1988 and where qualifying interest is paid by a housing association and another person in relation to a separate dwelling, by dividing the amount of the limit provided by section 357 (the tax relief limit) by the number of persons by whom qualifying interest is payable; and
b
except where paragraph (a) applies, by multiplying the tax relief limit by the number of separate dwellings provided or to be provided on the land on which the loan is secured and to which the loan relates;
and in this section any such loan is referred to as a “limited loan”.
2
None of the interest on a limited loan is relevant loan interest unless —
a
the loan is made on or after 6th April 1987; or
b
the qualifying lender to whom the interest is payable has given notice to the Board in accordance with regulations that he is prepared to have limited loans of a description which includes that limited loan brought within the tax deduction scheme.
3
If, in a case where subsection (2) above applies, the total amount of loans to a housing association exceeds the aggregate limit provided by subsection (1) above, none of the interest on the loan which, taken with the amounts of any earlier loans, first exceeds that limit, or on subsequent loans, is relevant loan interest unless it is a loan which was made by the qualifying lender who first gave notice under subsection (2) above or the interest is so designated by the Board.
4
The reference in subsection (1) above to a loan only part of the interest on which would (apart from section 353(2)) be eligible for relief under section 353 includes a reference to each of two or more loans if, by virtue of subsection 3(b) of section 357, the interest on the loans falls to be treated for the purposes of that section as payable on one loan; but, notwithstanding that each of those loans is accordingly a limited loan for the purposes of this section, none of the interest on any of them is relevant loan interest unless each of the loans was made by the same qualifying lender.
5
Where the condition in paragraph (a) or (b) of subsection (2) above is fulfilled and, if subsection (3) or (4) above also applies, the condition in that subsection is also fulfilled only the interest on so much of the total amount to which subsection (1) refers as does not exceed the aggregate limit provided by that subsection is relevant loan interest.
.
7
Section 374(1) shall have effect as if for paragraph (c) there were substituted the words —
c
it is interest to which section 370(3) applies in respect of which —
i
the housing association has given to the lender a certificate in a form prescribed or authorised by the Board that it is a qualifying borrower and that the interest payable on the loan is relevant loan interest; and
ii
the lender has sent to the Board (or the Board is satisfied that it will send) a copy of the certificate;
.
Modification of Principal Regulations
8
For the purposes of Regulation 3 of the Principal Regulations a housing association is a borrower to whom only paragraph (3) of that Regulation applies.
9
Regulation 4 of the Principal Regulations shall have effect as if at the end there were inserted the words —
c
a loan to a housing association the interest on which is relevant loan interest in respect of which the housing association has given a certificate to the Board that it is a qualifying borrower and that the interest is relevant loan interest.
.
10
For Regulation 16 of the Principal Regulations there shall be substituted the words —
Information to be provided to the Board
16
The Board may by notice in writing require any person who is a party to a loan agreement to which sections 369 to 376 of the Income and Corporation Taxes Act 1988 apply, or could in the opinion of the Board apply, or a member or tenant of a housing association which is a party to such a loan agreement, to furnish them, within such time (not being less than 14 days) as may be provided by the notice, such information (including copies of any relevant documents or records) as they may reasonably require for the purposes of those sections including, in the case of a loan to a housing association, a certificate that all or any specified conditions of the tax deduction scheme are satisfied.
.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
29th July 1988


text:
1
This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1988 and shall come into force on 5th December 1988.
2
The Town and Country Planning General Development Order 1988 shall be amended by substituting for paragraph A.1(d) in Class A of Part 1 of Schedule 2 (development within the curtilage of a dwellinghouse) the following paragraph —
d
any part of the resulting building which would be within 2 metres of the boundary of the curtilage of the dwellinghouse —
i
would be increased in height as a result of the development; and
ii
would exceed 4 metres in height;
.
Nicholas Ridley
Secretary of State for the Environment
30th November 1988
Peter Walker
Secretary of State for Wales
30th November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefit (Dependency) Amendment (No. 2) Regulations 1988 and shall come into force on 11th April 1988.
Meaning of “week” for the purpose of calculating earnings
2
After regulation 5 of the Social Security Benefit (Dependency) Regulations 1977 there shall be inserted the following regulation —
Meaning of “week” for the purpose of calculating earnings
6
For the purposes of sections 41 and 64 of the Social Security Act 1975 (beneficiary’s dependent children) “week” in the expression “has earnings in any week” means a period of 7 days beginning with midnight between Sunday and Monday.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
21st March 1988


text:
1
1
This Order may be cited as the Washington Development Corporation (Transfer of Property and Dissolution) Order 1988 and shall come into force on 1st April 1988.
2
In this Order-
“ the Act ” means the New Towns Act 1981;
“the Corporation” means the Washington Development Corporation;
“the transfer date” means 1st April 1988.
2
It is directed that on the transfer date —
a
the property of the Corporation shall vest in the Commission for the New Towns; and
b
the Corporation shall cease to act except for the purposes of carrying out its functions under sections 67 , 68 and 70 of the Act (annual accounts of development corporation, audit and reports), and taking such other steps as are necessary to wind up its affairs.
3
For the purpose of ensuring the satisfactory discharge of the functions remaining to the Corporation on and after the transfer date the Commission shall provide the Corporation with all the necessary facilities including, in particular, access to any books, papers or documents which immediately before the transfer date were the property of the Corporation.
4
Any property received by the Corporation on or after the transfer date shall be transferred by the Corporation to the Commission.
5
A period of ten years commencing on the transfer date is hereby specified as the period for which, by virtue of paragraph 3(4) of Schedule 10 to the Act, section 11 of the Act (which relates to the acquisition of land for highways) and, so far as they have effect for the purposes of that section, the other provisions of the Act, shall continue to have effect in relation to the area of Washington New Town.
6
It is directed that the Corporation shall be dissolved on 30th June 1988.
Signed by authority of the Secretary of State
A. G. Watson
An Under Secretary in the
Department of the Environment
2nd March 1988