text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Cider and Perry Regulations 1989 and shall come into force on 1st September 1989.
Revocation
2
The Cider and Perry Regulations 1976 are hereby revoked.
Application
3
These Regulations apply to cider produced in the United Kingdom for sale.
Interpretation
4
In these Regulations–
“accounting period” means a calendar month or any period of 4 or, as the case may be, 5 weeks allowed by the Commissioners for the purpose of accounting for duty;
“ the Act ” means the Alcoholic Liquor Duties Act 1979;
“approved” means approved by the Commissioners;
“business day” means a day which is a business day within the meaning of the Bills of Exchange Act 1882 for the purposes of the General Account of the Commissioners of Customs and Excise at the Bank of England in London;
“cider” has the meaning given by section 1(6) but subject to section 1(10) of the Act;
“cider premises” means the premises, rooms, places and vessels entered by a registered maker for use by him in his trade as a maker;
“ the Collector ” means the Collector of Customs and Excise for the Collection in which the cider premises are situate;
“duty” means the duty of excise charged on cider under section 62 of the Act;
“excise warehouse” has the meaning given by section 1(1) of the Customs and Excise Management Act 1979 ;
“made-wine” has the meaning given by section 1(5) but subject to section 1(10) of the Act;
“maker” means a maker of cider who is or is required to be registered;
“officer” means the proper officer of Customs and Excise;
“registered” means registered as a maker of cider under section 62(2) of the Act, and “registration” shall be construed accordingly;
“strength” in relation to any liquor means its alcoholic strength computed in accordance with section 2 of the Act;
“wine” has the meaning given by section 1(4) of the Act.
PART II
REGISTRATION
Application for registration
5
1
Every person required to be registered shall make application to the Commissioners for registration in respect of his premises.
2
A separate application shall be made in respect of each of the premises on which the applicant makes or intends to make cider.
Registration
6
1
The Commissioners may register the applicant in respect of each of the premises in respect of which application is made, and may issue a separate certificate of registration in respect of each of those premises.
2
The certificate of registration shall remain the property of the Commissioners.
Certificate of registration
7
1
Every certificate of registration shall be kept at all times on the premises to which it relates, and shall be produced for inspection to an officer on demand.
2
A maker shall notify the Commissioners of his intention to stop making cider at any of his cider premises.
3
A maker shall notify the Commissioners of the discontinuance of trade in cider at any of his cider premises.
Cancellation of registration
8
1
Where the Commissioners are satisfied that a maker has ceased to trade at his cider premises, or that cider is not being made on premises in respect of which he is registered for that purpose, they may cancel the relevant registration at any time.
2
Without prejudice to paragraph (1) above the Commissioners may, for reasonable cause, cancel the registration in respect of the premises of any maker, provided that the Commissioners shall give three months' notice in writing of such cancellation.
PART III
ENTRIES
Entries
9
A maker shall not begin to make cider on any premises in respect of which he is registered until he has made entry of all rooms, places and vessels intended to be used by him thereon for that purpose.
Withdrawal of entry
10
Save as the Commissioners may otherwise allow, a maker shall not withdraw his entry in respect of cider premises while there remains in any place specified therein any cider on which duty has not been paid or remitted or any materials for making cider.
PART IV
DETERMINATION OF DUTY AND THE RATES THEREOF
Charge to duty
11
1
Subject to regulations 12 and 13 below, cider in cider premises shall be charged with duty at the time it is sent out of those cider premises and at the rate in force at that time;
Provided that–
a
where any cider is sent out to other cider premises in accordance with regulation 12(c)(i) below, those other cider premises shall be treated as being the cider premises in which the cider was made and the maker registered in respect of those other cider premises shall be treated accordingly;
b
where any cider is sent out of cider premises at a strength not exceeding 1.2 per cent. the duty charged thereon shall be remitted.
2
Duty charged under paragraph (1) above shall be accounted for and paid in accordance with the provisions of regulation 23 below.
Removal without payment of duty
12
Subject to such conditions as the Commissioners may impose, including any condition that security shall be given to their satisfaction, a maker may send cider chargeable with duty out from cider premises without payment of the duty for any of the following purposes–
a
exportation, shipment as stores or removal to the Isle of Man;
b
deposit in an excise warehouse for–
i
mixing with spirits;
ii
exportation or shipment as stores or removal to the Isle of Man;
iii
use as ingredients of goods permitted to be produced in an excise warehouse and intended for exportation or shipment as stores or removal to the Isle of Man; or
iv
such other purposes as the Commissioners may allow;
c
removal, subject to the prior approval of the officer–
i
to other cider premises;
ii
to the premises of a vinegar maker for use in the production of vinegar; or
iii
to premises in respect of which any person is licensed in accordance with section 55(2) of the Act as a producer of made-wine, for use as an ingredient in the production of made-wine on those premises;
d
such use as trade samples as the Commissioners may allow; or
e
such other purposes (except home use) as the Commissioners may allow.
Provided that if any cider which has been sent out of cider premises under the foregoing provisions of this regulation is applied to some purpose other than one therein mentioned, that cider shall be charged with duty at the time it is so applied, and at the rate in force at that time; and the duty shall be paid in accordance with regulation 23(2) below.
Deficiencies and discontinuance of trade
13
Where either–
a
the business of making cider is discontinued at cider premises having cider therein; or
b
a certificate of registration held under regulation 6 above in respect of premises having cider therein is surrendered or cancelled; or
c
any cider is found to be deficient or missing from cider premises and the maker is unable to account for the deficiency to the Commissioners' satisfaction,
the duty on the cider shall be charged at the time of discontinuance or at the time of the surrender or cancellation of the certificate of registration or at the time the deficiency occurred, as the case may be, and at the rate in force at that time; and the duty shall be paid in accordance with regulation 23(2) below.
Provided that where the time that any deficiency occurred cannot be established to the Commissioners' satisfaction, the rate of duty shall be taken to be the highest rate in force between the time of the latest stocktaking made under regulation 20 below before the discovery of the deficiency and the time of that discovery.
PART V
PRODUCTION, STORAGE AND REMOVAL
Production
14
Save as the Commissioners may otherwise allow–
a
cider for the making of which registration is not required may not be made in cider premises;
b
wine and made-wine may not be produced in cider premises.
Use
15
The Commissioners may allow the use in cider premises of cider in the preparation of, or as ingredients for, goods intended for exportation, shipment as stores or removal to the Isle of Man.
Examination and gauging of vessels
16
1
A maker shall, if so required by the Commissioners, place and fix every vessel in which cider is made or stored in a place convenient for examination, and with safe means of access so as to allow the contents to be accurately ascertained by gauge or measure; and shall not alter any such vessel in shape, position or capacity unless he has given forty-eight hours written notice to the officer.
2
All vessels required to be fixed by paragraph (1) of this regulation shall, if so required by the Commissioners, be gauged and calibrated to their satisfaction.
Storage
17
A maker shall keep stock entered for payment or remission of duty under regulation 11(1)(b) above segregated from stock which has neither been entered for payment nor for remission of duty.
Removal by pipe-line
18
Save as approved by the Commissioners, a maker shall not send out cider from cider premises by pipe-line.
PART VI
RECORDS, ACCOUNTS AND PAYMENT OF DUTY
Entry book
19
1
Save as provided by paragraph (3) below, for all cider premises in respect of which he is registered a maker shall obtain from the officer an entry book in an approved form and shall–
a
keep the entry book in the cider premises at all times ready for inspection by an officer and permit him at any time to inspect it and to make notes therein or to take copies thereof or extracts therefrom; and
b
make entries in the entry book at such times and in such detail as specified therein or as otherwise directed by the officer.
2
No entry in the entry book shall be obliterated or, except with the permission of the officer, cancelled or altered.
3
Subject to prior approval by the Commissioners a maker may record the information required by paragraph (1) above in his business records, and this regulation and regulation 21 below shall apply to such records as they apply to entry books.
Stocktaking
20
1
Save as the Commissioners otherwise allow, a maker shall, once in every year on an approved date, take stock of all cider at each of the cider premises in respect of which he is registered, and shall deliver the returns of stock to the officer within twenty-eight days of the dates approved for the stocktaking.
2
The return of stock required by this regulation shall deal separately with cider of a strength not exceeding 1.2 per cent., and of a strength exceeding 1.2 per cent., and shall state in respect of each of those categories of liquor the following particulars–
a
the name and number of every entered vessel containing cider and the quantity therein;
b
the number of casks, cases or other containers and unpacked bottles of each size, and the separate quantities of cider contained therein;
c
the total quantities of cider in stock; and
d
the details of any surplus, deficiency or other discrepancy revealed by the stocktaking.
Accounts
21
1
A maker shall, in addition to the entry book (or other records permitted under regulation 19(3) above), keep accounts of the quantities of all materials used in the cider premises in making cider.
2
A maker shall–
a
in respect of cider of a strength not exceeding 1.2 per cent.; and
b
in respect of cider of a strength exceeding 1.2 per cent.;
keep account of the quantities made in, received at, returned to, and removed from, the cider premises.
3
A maker shall at any reasonable time permit an officer to inspect, make entries in, copy and take extracts from any records relating to his business as a maker which the officer may require to inspect.
4
Save as the Commissioners otherwise allow, a maker shall preserve and keep at the cider premises all books (or other records approved under regulation 19(3) above), accounts and other documents relating to his business as a maker at those cider premises for not less than two years from the date of the last entry therein.
Security
22
Every maker shall furnish such security for payment of duty as the Commis-sioners require.
Furnishing of returns and payment of duty
23
1
Save as the Commissioners otherwise allow, every registered maker shall–
a
not later than the fifteenth day of every accounting period furnish to the Collector, or to such other person as the Commissioners may direct, a return in approved form of all cider sent out from his cider premises for home use during the preceding accounting period and of the duty charged thereon;
b
not later than the fifteenth day of the accounting period following that in which the charge to duty was incurred, pay to the Collector or such other person as aforesaid the amount due.
Provided that where the last day for furnishing a return and making payment would, if determined in accordance with the foregoing provisions of this paragraph, fall on a day which is not a business day the return shall be furnished and payment shall be made not later than the last business day before that date.
2
Any duty charged under the proviso to regulation 12 above, or under regulation 13 above, shall be paid by the maker of the cider to the Collector or to such other person as the Commissioners may direct, within seven days of that duty being demanded by the proper officer.
PART VII
RELIEF FROM DUTY
Grower’s domestic consumption relief
24
Cider made from fruit grown in the United Kingdom by the maker may be sent out from his cider premises, in such quantity as the Commissioners may on application by him allow, without payment of duty for his own domestic consumption or for consumption free of charge in the course of their employment by agricultural workers employed by him, and regulation 23 above shall not apply to any such cider.
Conditions for relief from duty on spoilt cider
25
Remission or repayment of duty under section 64(1) of the Act in respect of cider which has accidentally become spoilt or unfit for use shall be subject to the conditions that–
a
the cider has not been subjected to any process of production or dilution since it was sent out from the cider premises; and
b
the maker has complied with the requirements of regulation 26 below.
Claim for relief on spoilt cider
26
A maker claiming remission or repayment of duty in respect of cider which has been sent out or removed from his cider premises and which has accidentally become spoilt or otherwise unfit for use shall–
a
notify the officer immediately any such cider has been returned to the cider premises;
b
retain such cider in the vessels in which it was returned to the cider premises, and without making any addition thereto, for a period of forty-eight hours after its return or until such earlier time as the officer authorises the disposal or other processing thereof;
c
make his claim for relief in writing; and
d
provide the officer with proof that the duty which was due on the cider when it was sent out or removed from the cider premises was paid, and with such other particulars as are necessary to substantiate the claim.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
3rd August 1989


type: legislation

jurisdiction: UK

text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order (“the new trunk road”) 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: —
i
“the deposited plan” means the plan numbered RSE/A282/65/2/1 marked “The A282 Trunk Road Dartford–Thurrock Approach Roads London Road (Slip Road) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House,43 Marsham Street, London SW1 3PY;
ii
“the trunk road” means the Dartford–Thurrock Trunk Road (A282).
4
This Order shall come into force on 15th June 1989 and may be cited as the A282 Trunk Road Dartford–Thurrock Approach Roads London Road (Slip Road) Order 1989.
Signed by the authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
5th May 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Yorkshire Water Authority (Ryburn Valley Water Supply) Order 1989 and shall come into force on 23rd March 1989.
2
The Yorkshire Water Authority Orders 1974 to 1988 and this Order may be cited together as the Yorkshire Water Authority Orders 1974 to 1989.
3
In this Order–
“the Authority” means the Yorkshire Water Authority;
“the authorised works” means the two water storage tanks each with an inlet main and an outlet main, and an access track, shown on the deposited plan;
“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 Yorkshire Water Authority (Ryburn Valley Water Supply) Order 1989”, one duplicate of which is deposited and available for inspection at the principal office of the Authority at West Riding House, Albion Street, Leeds LS1 5AA, and the other at the offices of the Secretary of State for the Environment, Romney House, 43 Marsham Street, London SW1P 3PY;
“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 acquire land and construct and maintain works
2
1
The Authority may construct and maintain the authorised works on the land described in Schedule 1 to this Order.
2
For the purpose of carrying out the authorised works the Authority are hereby authorised to acquire compulsorily the land described in Schedule 1 to this Order.
Works to form part of the undertaking
3
The authorised works shall for all purposes form part of the undertaking.
Incorporation of enactments
4
1
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.
2
For the purposes of section 13 of the Third Schedule as so applied, the prescribed distance shall be two hundred metres.
3
Part I of the Compulsory Purchase Act 1965 shall apply to this order subject to the following exceptions and modifications:–
a
omit section 27 (acquiring authority to make good deficiencies in rates);
b
in Schedule 3 (alternative procedure for obtaining right of entry), omit paragraph 3(3).
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
22nd March 1989


text:
Citation and commencement
1
These Rules may be cited as the Rules of Procedure (Air Force) (Amendment) Rules 1989 and shall come into force on 1st January 1990.
Interpretation
2
In these Rules, “the Principal Rules ” means the Rules of Procedure (Air Force) 1972 .
Amendment
3
1
The Principal Rules shall be amended as follows:
2
In Rule 25 after subparagraph (1)(h) there shall be inserted the following: —
i
when an interview with an accused by the service police has been recorded on tape he may, before trial, apply by written notice to the convening officer for a transcript of such tape recorded interview or any part thereof. In such cases the convening officer shall, if he is of the opinion that the interests of justice so require, direct that such a transcript, or such parts thereof as he considers necessary, be supplied to the accused as soon as practicable and in any case not less than twenty four hours before the trial.
.
3
After Rule 57 there shall be inserted the following: —
57A
Whether or not an application has previously been made to the convening officer under paragraph (1)(i) of Rule 25 above, the accused may at any time during the trial apply to the court for a transcript of any tape recording made by the service police of an interview with him. If the accused makes such an application, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address. If the court are of the opinion that the interests of justice so require they may direct that such a transcript or such parts thereof as they consider necessary shall be supplied to the accused.
.
4
In Rule 79(2) the number “57A,” shall be inserted after the number “47.”.
5
In Rule 81(1) for the letter “(g)” there shall be substituted the letter “(h)”.
6
In Rule 81(1), after subparagraph (f) there shall be inserted the following sub-paragraph: —
g
an application is made by an accused for a transcript of a tape recording of an interview with him by the service police; or
.
Tom King
Secretary of State for Defence
Dated this 17th day of November 1989


text:
1
This Order may be cited as the Financial Services (Recognised Collective Investment Schemes from Other Member States) (Luxembourg) Order 1988 (Revocation) Order 1989 and shall come into force on 1st October 1989.
2
The Financial Services (Recognised Collective Investment Schemes from Other Member States) (Luxembourg) Order 1988 is revoked except insofar as it has effect in relation to–
a
any collective investment scheme recognised by virtue of it before the date on which this Order comes into force; and
b
any collective investment scheme in respect of which notice has, before the date on which this Order comes into force, been given to the Secretary of State under Section 86(2) of the Financial Services Act 1986 as that section has effect for the purposes of paragraph 10 of Schedule 15 to that Act.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
31st August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety Information for Employees Regulations 1989 and shall come into force on 18th October 1989.
Interpretation and application
2
1
In these Regulations, unless the context otherwise requires–
“the 1974” Act means the Health and Safety at Work etc. Act 1974;
“the approved poster” and “the approved leaflet” have the meanings assigned by regulation 3;
“employment medical advisory service” means the employment medical advisory service referred to in section 55 of the 1974 Act;
“ship” has the meaning assigned to it by section 742 of the Merchant Shipping Act 1894 .
2
Any reference in these Regulations to the enforcing authority for premises is a reference to the enforcing authority which has responsibility for the enforcement of section 2 of the 1974 Act in relation to the main activity carried on in those premises.
3
Any reference in these Regulations to–
a
a numbered regulation is a reference to the regulation so numbered in these Regulations;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
4
These Regulations shall have effect for the purpose of providing information to employees relating to health, safety and welfare but they shall not apply in relation to the master and crew of a sea going ship.
Meaning of and revisions to the approved poster and leaflet
3
1
In these Regulations “the approved poster” or “the approved leaflet” means, respectively, a poster or leaflet in the form approved and published for the purposes of these Regulations by the Health and Safety Executive, as revised from time to time in accordance with paragraph (2).
2
The Health and Safety Executive may approve a revision (in whole or in part) to the form of poster or leaflet; and where it does so it shall publish the revised form of poster or leaflet and issue a notice in writing specifying the date the revision was approved.
3
Such a revision shall not take effect until nine months after the date of its approval, but during that time the employer may use the approved poster or the approved leaflet incorporating that revision for the purposes of regulation 4(1).
Provision of poster or leaflet
4
1
An employer shall, in relation to each of his employees–
a
ensure that the approved poster is kept displayed in a readable condition–
i
at a place which is reasonably accessible to the employee while he is at work, and
ii
in such a position in that place as to be easily seen and read by that employee; or
b
give to the employee the approved leaflet.
2
An employer shall be treated as having complied with paragraph (1)(b) from the date these Regulations come into force or the date the employee commences employment with him (if later) if he gives to the employee the approved leaflet as soon as is reasonably practicable after that date.
3
Where the form of poster or leaflet is revised pursuant to regulation 3(2), then on or before the date the revision takes effect–
a
an employer relying on compliance with paragraph (1)(a) shall ensure that the approved poster displayed is the one as revised;
b
an employer relying on compliance with paragraph (1)(b) shall either give to the employees concerned fresh approved leaflets (as so revised) or bring the revision to their notice in writing.
Provision of further information
5
1
An employer relying on compliance with regulation 4(1)(a) shall, subject to paragraph (2), ensure that the following information is clearly and indelibly written on the poster in the appropriate space–
a
the name of the enforcing authority for the premises where the poster is displayed and the address of the office of that authority for the area in which those premises are situated; and
b
the address of the office of the employment medical advisory service for the area in which those premises are situated.
2
Where there is a change in any of the matters referred to in paragraph (1) it shall be sufficient compliance with that paragraph for the corresponding amendment to the poster to be made within six months from the date thereof.
3
An employer who gives to his employee a leaflet pursuant to regulation 4(1)(b) shall give with the leaflet a written notice containing–
a
the name of the enforcing authority for the premises where the employee works, and the address of the office of that authority for the area in which those premises are situated; and
b
the address of the office of the employment medical advisory service for the area in which those premises are situated.
4
Where the employee works in more than one location he shall, for the purposes of paragraph (3), be treated as working at the premises from which his work is administered, and if his work is administered from two or more premises, the employer may choose any one of them for the purpose of complying with that paragraph.
5
Where an employer relies on compliance with regulation 4(1)(b) and there is a change in any of the matters referred to in paragraph (3) the employer shall within six months of the date thereof give to the employee a written notice specifying the change.
Exemption certificates
6
1
Subject to paragraph (2) the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons from all or any of the requirements imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case;
it is satisfied that the health, safety and welfare of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Defence
7
In any proceedings for an offence for a contravention of these Regulations it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Repeals, revocations and modifications
8
1
The enactments specified in column 1 of Part I of the Schedule to these Regulations are hereby repealed to the extent specified in the corresponding entries in column 2 thereof.
2
The instruments specified in column 1 of Part II of the Schedule to these Regulations are hereby revoked to the extent specified in the corresponding entries in column 3 thereof.
3
The instrument specified in column 1 of Part III of the Schedule to these Regulations is hereby modified to the extent specified in the corresponding entry in column 3 thereof.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
18th April 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Amendment) Regulations 1989, and shall come into force on 1st April 1989, but regulations 2 to 5, 7 to 15, 16(c) and 18 shall have effect as from 1st November 1988.
2
In these Regulations “the principal Regulations ” means the Teachers' Superannuation (Consolidation) Regulations 1988 and unless the context otherwise requires expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations.
Salary on which contributions are payable
2
Regulation C1(5) of the principal Regulations is amended–
a
by deleting the words “of his age, qualifications and experience”; and
b
by inserting after the words “that section)” the words “, if the material factors were the same; the only material factors are age, qualifications and experience”.
Right to repayment of balance of contributions
3
Regulation C10(3)(b) of the principal Regulations is amended by substituting for the words “his contributable salary” the words “the salary on which contributions were payable by him under the 1976 Regulations or under previous provisions”.
Return of repaid contributions
4
Regulation C14(8) of the principal Regulations is amended by substituting for the words after “exceed” the following:
(A – B), where–
A
is 9 per cent of the annual rate of the person’s contributable salary at the date on which notice of the election is received, and
B
is the excess over 6 per cent of that rate of any amounts to be deducted under regulation C16.
.
Reckonable service generally
5
Regulation D1(2) of the principal Regulations is amended by substituting for the words from “the length” to “where” the words “each such period counts as–”
Entitlement to payment of retirement benefits
6
Regulation E4 of the principal Regulations is amended by inserting after paragraph (7) the following:
7A
If regulation 4(5) of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 (employer to notify for purposes of those Regulations if requested by governing body) applies, the employer must notify the Secretary of State as mentioned in paragraph (7).
.
Limitation of retirement benefits
7
1
The principal Regulations are amended by substituting for the heading above regulation E7 the following:
Limitation of retirement benefits in certain cases
2
Regulation E7 of the principal Regulations is amended–
a
in paragraph (1), by substituting for the words “This regulation applies” the words “Paragraphs (2) to (5) apply”;
b
in paragraph (3), by substituting for the words “length of time” the words “number of complete years”; and
c
by inserting after paragraph (5) the following:
6
Where additional benefits are payable under a voluntary scheme within the meaning of paragraph 8 of Schedule 23 to the Income and Corporation Taxes Act 1988 (limitation of benefits where additional voluntary contributions paid), these Regulations have effect as if that paragraph had applied.
.
Abatement of retirement pension during further employment
8
Regulation E14(1)(b) of the principal Regulations is amended by substituting for the words “, (c) or (e)” the words “or (c)”.
Death grants and supplementary death grants
9
Regulations E19(7) and E20(6) of the principal Regulations are each amended by substituting for the words “Any death grant under this regulation may be paid” the words “Where any death grant is paid under this regulation, it is to be paid”.
Duration of short-term family benefits
10
Regulation E24(4)(a)(ii) of the principal Regulations is amended by substituting for the words “2 years' service” the words “5 years' service”.
Entitlement to long-term family benefits
11
Regulation E25(4) of the principal Regulations is amended–
a
by substituting for the words from “who is not” to “have effect” the words “not falling within paragraph (3)”, and
b
in sub-paragraph (d), by substituting for the words “, any period falling within paragraph (3)(e)” the words “and a transfer value offered in respect of him was accepted under regulation F5, any period counting as reckonable service by virtue of the receipt of the transfer value”.
Amounts of spouses' and nominated beneficiaries' long-term pensions
12
Regulation E26 of the principal Regulations is amended–
a
in paragraph (4), by substituting for the words “paragraphs (3) and (5) to (8)” the words “paragraphs (3), (5) and (6) to (8)”;
b
by inserting after paragraph (5) the following:
5A
If the pension is payable to a widower not falling within paragraph (4), the deceased’s family benefit service comprises, subject to paragraphs (3) and (6) to (8), the relevant service described in regulation E25(4).
;
c
in paragraph (7), by substituting for the words “paragraphs (3) to (5)”, in both places where they occur, the words “paragraphs (3) to (5A)”; and
d
by deleting paragraph (10).
Average salary
13
Regulation E29 of the principal Regulations is amended by substituting for paragraphs (9) and (10) the following:
9
In the case of a person to whom on the material date remuneration provisions did not apply, an increase of salary the main object, or one of the main objects, of which was to increase his average salary (and accordingly his retirement benefits) is to be treated as having increased his average salary by no more than the amount by which it would have been increased if he had instead received, on the material date, the standard increase of salary.
10
The material date is the date on which the increase of salary took effect, remuneration provisions are–
a
in relation to any time before 1st January 1987, those of the Remuneration of Teachers Act 1965 , and
b
in relation to any time after 31st December 1986, those of the Teachers' Pay and Conditions Act 1987 ,
and the standard increase of salary is the increase, if any, that would have been received on the material date by a person (“the comparable employee”) to whom remuneration provisions applied and whose circumstances corresponded most closely to those of the person in question or, if the comparable employee would have received no increase on that date, the next increase he would have received.
.
Benefits not assignable
14
Regulation E32(3) of the principal Regulations is amended by substituting for the words “section 156 of the Insolvency Act 1985” the words “section 310 of the Insolvency Act 1986” .
Receipt of transfer values
15
Regulation F5 of the principal Regulations is amended–
a
in paragraph (1), by substituting for the words after “scheme managers” the words
of–
an approved superannuation scheme, or
a personal pension scheme, or
a scheme constituting a self-employed pension arrangement
(“the previous scheme”), in respect of a person who has entered pensionable employment, may be accepted.
;
b
by inserting after paragraph (1) the following:
1A
In paragraph (1) “self-employed pension arrangement” means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act (“the 1988 Act ”) which–
a
is approved by the Commissioners of Inland Revenue under that Chapter, and
b
is neither a personal pension scheme within the meaning of the Social Security Act 1986 nor a contract or scheme approved under Chapter III of Part XIV of the 1988 Act.
;
c
in paragraph (3), by substituting for the words “Unless the employment in which the person was subject to the previous scheme was” the words “Unless while the person was subject to the previous scheme he was employed in”;
d
in paragraph (5)(a), by substituting for the words “the end of the employment in which he was” the words “he ceased to be”; and
e
in paragraph (6), by substituting for the words “if the employment in which he was subject to the previous scheme was” the words “if while the person was subject to the previous scheme he was employed in”.
Glossary of expressions
16
Schedule 1 to the principal Regulations is amended–
a
by inserting after the entry relating to the expression “Full-time” the following:
“Further education” The meaning given in section 41(2) of the Education Act 1944. ;
b
by inserting after the entry relating to the expression “Guaranteed minimum pension” the following:
“Higher education” The meaning given in section 120(1) of the Education Reform Act 1988.
; and
c
by inserting in the item relating to the expression “Part-time”, after the word “annual” in both places where it occurs, the words “, termly or monthly”.
Pensionable employment
17
Schedule 2 to the principal Regulations is amended–
a
by substituting–
i
in paragraphs 1 and 25, for the words “establishment of further education”, and
ii
in paragraph 5, for the words “establishment providing further education”,
the words “institution providing further education or higher education (or both)”; and
b
by adding at the end of paragraph 24 the following:
or
the National Educational Resources Information Service.
.
Additional contributions for past period
18
Paragraph 3 of Schedule 4 to the principal Regulations is amended–
a
by deleting the figures in Table 1 relating to ages greater than 65 and substituting the following:
66 21.44 10.78 7.23 67 20.91 10.49 68 20.39
; and
b
by deleting the second entry in Table 1 for the age of 64.
Modification of earlier provisions
19
1
Regulations 66 and 67 of the 1976 Regulations shall be deemed to have had effect, during the period beginning on 6th April 1988 and ending with 31st October 1988, as if amendments had been made to them corresponding to those made to regulations E25 and E26 of the principal Regulations by regulations 11 and 12 above.
2
Part I of Schedule 2A to the 1976 Regulations shall be deemed to have had effect, during the period beginning on 1st September 1988 and ending with 31st October 1988, as if an amendment had been made to Table 1A corresponding to that made to Table 1 in paragraph 3 of Schedule 4 to the principal Regulations by regulation 18(a) above.
Transitional: elections in respect of protected benefits
20
1
This regulation applies to a person–
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been in if a provision made by these Regulations (“the relevant provision”) had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid or may become payable, under the principal Regulations, to or in respect of a person who was employed in pensionable employment but ceased to be so employed, or died, before 1st April 1989.
3
A person to whom this regulation applies may, by giving written notice to the Secretary of State within 3 months after 1st April 1989, elect that the relevant provision shall not apply in relation to the protected benefit.
Kenneth Baker
Secretary of State for Education and Science
3rd March 1989
We consent,
Stephen Dorrell
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Low Voltage Electrical Equipment (Safety) Regulations 1989 and shall come into force on 1st June 1989.
Revocations, disapplications and defence
2
1
The Electric Blankets (Safety) Regulations 1971 , the Electric Blankets (Safety) Regulations (Northern Ireland) 1972 , the Electrical Equipment (Safety) Regulations 1975 , the Electrical Equipment (Safety) (Amendment) Regulations 1976 and the Electrical Equipment (Safety) Regulations (Northern Ireland) 1977 are hereby revoked.
2
The Heating Appliances (Fireguards) Regulations 1973 and the Heating Appliances (Fireguards) Regulations (Northern Ireland) 1975 shall cease to have effect in so far as they relate to electrical equipment.
3
In any proceedings against a person for an offence under any of the relevant statutory provisions (as defined in section 53(1) of the Health and Safety at Work etc. Act 1974 or article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 ) which impose requirements with respect to any matter it shall be a defence for that person to show that the requirements of these Regulations were satisfied in relation to that matter.
4
Where an improvement notice or a prohibition notice has been served on any person pursuant to section 21 or, as the case may be, section 22 of the Health and Safety at Work etc. Act 1974 (or pursuant to article 23 or, as the case may be, article 24 of the Health and Safety at Work (Northern Ireland) Order 1978 ), if the person upon whom the notice was served appeals to an industrial tribunal pursuant to section 24 of the said Act (or article 26 of the said Order) and shows that the notice relates to any matter in respect of which the requirements of these Regulations are satisfied, the tribunal shall cancel the notice.
Interpretation
3
1
In these Regulations–
“the 1987 Act ” means the Consumer Protection Act 1987 ;
“ CENELEC Harmonisation Documents HD 21 ” means those documents relating to polyvinyl chloride insulated cables which contain technical specifications relating to the construction and testing of flexible cables and cords, that is, harmonisation documents numbered HD 21.1 S2, HD 21.2 S2, HD 21.5 S2 all published on 1st July 1984 and Amendment 1 to harmonisation document HD 21.5 S2 published on 1st January 1988, subject to any amendments made to any document in the series and approved by the Secretary of State;
“ CENELEC Harmonisation Documents HD 22 ” means those documents relating to rubber insulated cables which contain technical specifications relating to the construction and testing of flexible cables and cords, that is, harmonisation documents numbered HD 22.1 S2, HD 22.2 S2, HD 22.3 S2 and HD 22.4 S2 all published on 1st July 1984, subject to any amendments made to any document in the series and approved by the Secretary of State;
“Community certification body” means a body which has been notified under article 11 of the low voltage Directive as a body which may establish the marks and certificates in accordance with article 10 of that Directive;
“electrical equipment” means, unless the context otherwise requires, any electrical equipment to which these Regulations apply by virtue of regulation 4 below;
“harmonised standard” means a standard harmonised in accordance with article 5 of the low voltage Directive;
“international safety provision” means a safety provision of a standard which has been published by the International Commission on the Rules for the Approval of Electrical Equipment or the International Electrotechnical Commission and which has been published in the Official Journal of the Communities pursuant to article 6 of the low voltage Directive;
“the low voltage Directive” means Council Directive No. 73/23/ EEC on the harmonisation of the laws of member States relating to electrical equipment designed for use within certain voltage limits;
“national safety provision” means a safety provision which has the force of law in a member State of the European Economic Community or which is contained in a standard published and not withdrawn by a national standards body, not being a safety provision which is to the same effect as a safety provision of a harmonised standard or as an international safety provision;
“national standards body” means a body which has been notified under article 11 of the low voltage Directive for the purposes of article 5 of that Directive;
“safe” has the same meaning as in section 19(1) of the 1987 Act, except that, for the purpose of these Regulations, the references in that subsection to “risk” shall be construed as including references to any risk of–
death or injury to domestic animals; and
damage to property;
and as excluding any risk arising from the improper installation or maintenance of the electrical equipment in question or from the use of the equipment in applications for which it is not made;
“safety provision” means a provision made for the purpose of ensuring that the equipment in question is safe;
“supply” (except in reference to the electricity supply) includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly.
2
For the purposes of regulation 7(2) below a national safety provision is applicable to equipment in a particular member State of the European Economic Community if–
a
the provision has the force of law in that member State or the national standards body publishing it has its principal office there, and
b
the equipment was not manufactured in any other member State of the European Economic Community.
3
Any reference in these Regulations to an electric shock is a reference to an electric shock of such severity as to be liable to cause death or personal injury.
Application
4
1
Subject to paragraphs (2) and (3) below, these Regulations apply to any electrical equipment (including any electrical apparatus or device) designed or adapted for use with voltage (in the case of alternating current) of not less than 50 volts nor more than 1,000 volts or (in the case of direct current) of not less than 75 volts nor more than 1,500 volts.
2
These Regulations do not apply to the electrical equipment set out in Schedule 1 to these Regulations.
3
These Regulations do not apply to any electrical equipment supplied for export to a place which is not within any member State of the European Economic Community.
Requirement for electrical equipment to be safe etc.
5
1
Electrical equipment shall be–
a
safe; and
b
constructed in accordance with principles generally accepted within the member States of the European Economic Community as constituting good engineering practice in relation to safety matters.
2
Subject to regulations 6 and 7 below, in determining whether electrical equipment satisfies the requirements of paragraph (1) above due regard shall be had to the principal elements of the safety objectives for electrical equipment in Annex I to the low voltage Directive as set out in Schedule 2 to these Regulations.
3
In determining whether electrical equipment satisifies the requirements of paragraph (1) above, no regard shall be had to any liability of the equipment to cause radio-electrical interference.
Harmonised standards
6
Subject to regulation 8 below, electrical equipment which satisfies the safety provisions of harmonised standards shall be taken to satisfy the requirements of regulation 5(1) above.
Conformity with other standards and requirements
7
1
Subject to regulation 8 below, where there are no relevant harmonised standards, electrical equipment which satisfies international safety provisions shall be taken to satisfy the requirements of regulation 5(1) above.
2
Subject to regulation 8 below, where there are no relevant harmonised standards and no relevant international safety provisions, electrical equipment which–
a
has been manufactured in accordance with the national safety provisions applicable to that equipment in a member State and the compliance of the equipment with such provisions results in the equipment being at the time when the equipment is supplied in the United Kingdom at least as safe as it would be if it satisfied the requirements of regulation 5(1) above; or
b
satisfies the safety provisions contained in standards published by national standards bodies which are approved in accordance with the provisions of the Approval of Safety Standards Regulations 1987 and which are appropriate to that equipment,
shall be taken to satisfy the requirements of regulation 5(1) above.
3
Electrical equipment to which the requirements of the relevant statutory provisions (as defined in section 53(1) of the Health and Safety at Work etc. Act 1974) or article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 ) apply shall be taken to satisfy the requirements of regulation 5(1) above if the requirements of those provisions are satisfied in relation to that equipment.
Conditions which all electrical equipment (except that mentioned in regulation 7(3)) must satisfy in order to satisfy regulation 5(1).
8
Electrical equipment, other than the equipment referred to in regulation 7(3) above, shall be taken to satisfy the requirements of regulation 5(1) above only if the conditions set out below are satisfied in relation to that equipment–
a
the equipment is designed and constructed to ensure that it is safe when connected to the electricity supply system and provides an equivalent level of protection against electric shock as equipment which relies on a combination of insulation and the protective earthing conductor contained within that system;
b
flexible cables and cords intended for the connection of equipment to the electricity supply system comply with CENELEC Harmonisation Documents HD 21 or HD 22 or an equivalent standard of safety; and
c
where it is necessary for the safe use of any equipment to which these regulations apply that the user should be aware of any particular characteristic of the equipment, the necessary information is given in markings on the equipment itself or, where this is not practicable, in a notice accompanying the equipment. It is not sufficient compliance with this condition to give the information only in a language other than English.
Reports on safety etc. of electrical equipment
9
Where any electrical equipment may not be taken by virtue of regulations 6 or 7 above to satisfy the requirements of regulation 5(1) above and the question of whether or not it satisfies those requirements has arisen (whether in any proceedings or otherwise) any report prepared by a body notified in accordance with the procedure set out in article 11 of the low voltage Directive for the purposes of article 8 of that Directive may be relied upon for the purpose of establishing that the equipment does in fact satisfy those requirements and due regard shall be had to any such report by any person or court by whom that question falls to be determined.
Marks as to conformity
10
Where electrical equipment bears a mark distinctive of a Community certification body or is accompanied by a certificate issued by such a body or, where such a certificate has not been issued or is not available, by a written declaration of conformity made by the manufacturer of the equipment, and the mark indicates, or the certificate or declaration is to the effect, that the equipment satisfies–
a
the safety provisions of harmonised standards;
b
international safety provisions; or
c
sub-paragraph (a) or (b) or regulation 7(2) above,
then the equipment shall, unless the contrary be proved, be taken to satisfy those safety provisions, international safety provisions or the relevant sub-paragraph, as the case may be.
Prohibition on supply
11
No person shall supply–
a
any electrical equipment in respect of which the requirements of regulation 5(1) above are not satisfied; or
b
any goods which are designed to be used as component parts of any type of electrical equipment to which these Regulations apply by virtue of regulation 4 above and which would, if so used, cause equipment of that type to contravene those requirements.
Duties of enforcement authorities
12
Every authority and council on whom a duty is imposed by virtue of section 27 of the 1987 Act–
a
shall have regard, in performing that duty in so far as it relates to any provision of these Regulations, to matters specified in any direction issued by the Secretary of State with respect to that provision; and
b
shall give immediate notice to the Secretary of State of any suspension notice served by it or any application made by it for an order for forfeiture of any goods to which these Regulations apply or any other thing done in respect of any such goods for the purposes of or in connection with sections 14 to 17 of that Act.
Commencement of Proceedings
13
In England, Wales and Northern Ireland a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence comitted under section 12 of the 1987 Act in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Regulations to be treated as safety regulations within the meaning of the 1987 Act.
14
1
Subject to paragraph (2) below, these Regulations shall be treated for all purposes as if they were safety regulations within the meaning of section 45(1) of the 1987 Act.
2
Where a contravention of regulation 11 above arises from the supply of electrical equipment which fails to satisfy the requirements of regulation 5(1) above or of goods which would cause the relevant equipment to contravene those requirements because there is in each case a risk of death or injury to domestic animals or damage to property, or both, but no risk of the death of a person or of personal injury the person who contravenes regulation 11 shall be guilty of an offence punishable on summary conviction with imprisonment for not more than three months or with a fine not exceeding level five on the standard scale.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
26th April 1989


text:
PART I
PRELIMINARY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Reorganisation in Inner London) (Compensation) Regulations 1989 and shall come into force on 28th July 1989.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Part or to the Schedule is to be construed as a reference to the regulation or Part which bears that number in, or as the case may be to the Schedule to, these Regulations, and any reference to a numbered paragraph in a regulation of or the Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in the Schedule.
3
In these Regulations, unless the context otherwise requires–
“the 1978 Act ” means the Employment Protection (Consolidation) Act 1978 ;
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1982 Regulations ” means the Local Government (Compensation for Premature Retirement) Regulations 1982 ;
“the 1984 Regulations ” means the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984 ;
“the 1986 Regulations ” means the Local Government Superannuation Regulations 1986 ;
“the 1988 Regulations ” means the Teachers' Superannuation (Consolidation) Regulations 1988 ;
“the 1989 Regulations ” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 ;
“compensation period” is to be construed in accordance with regulation 8(2);
“emoluments” is to be construed in accordance with regulation 6;
“employment in education” means employment which was, or would but for an election under regulation B6 of the 1988 Regulations have been, pensionable employment within the meaning of those Regulations;
“employment in local government” means employment in which the employee was, or would but for a relevant disqualification have been, a pensionable employee within the meaning of the 1986 Regulations;
“former employment” means employment with ILEA or LRB under a contract which has been terminated;
“ILEA” means the Inner London Education Authority established by section 18 of the Local Government Act 1985 and “LRB” means the London Residuary Body established by section 57 of that Act;
“new employment” means–
in relation to a person dismissed by reason of redundancy, a qualifying employment following the former employment which by virtue of section 84 or 94 of the 1978 Act precludes him from receiving any redundancy payment, and
in any other case, an employment which would have fallen within (a) above if the person had been dismissed by reason of redundancy,
and “new employer” is to be construed accordingly;
“normal retiring age”, in relation to a person’s former employment, means–
the age, if any, at which he could under his contract or any enactment have been compelled to retire, or
where there is no such age, the age of 65;
“person” means a person to whom these Regulations apply;
“qualifying employment” means employment with ILEA, with LRB, with an inner London council within the meaning of Part III of the 1988 Act, or with any person for the time being exercising functions which became functions of ILEA by virtue of section 45 of the Local Government Act 1985 (Horniman and Geffrye museums);
“redundancy payment” means a redundancy payment under Part VI of the 1978 Act;
“relevant date” means the relevant date as defined by section 90(1) of the 1978 Act or, where a contract of employment is terminated by the abolition of ILEA, 31st March 1990;
“relevant disqualification” has the meaning given in regulation 3 of the 1982 Regulations; and
“relevant local government service” has the meaning given in paragraph 1(b) of Schedule 2 to the Redundancy Payments (Local Government) (Modification) Order 1983.
4
Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.
Purposes and application
2
1
These Regulations are made for the purposes of section 173 of the 1988 Act and apply to any person who suffers loss of employment or loss or diminution of emoluments which–
a
is attributable to any provision made by or under Part III of that Act, and
b
occurs in the circumstances mentioned in paragraph (2),
and who either did not have or has released any such rights as are mentioned in section 173(4) of that Act (contractual rights acquired before 21st November 1987 entitling a person to a compensation payment).
2
The circumstances are–
a
in the case of loss of employment, that the employment in question was with ILEA or LRB and the loss is suffered after 31st March 1990, and
b
in the case of loss or diminution of emoluments, that the loss or diminution arises from the termination of the person’s employment with ILEA or LRB and is suffered after 13th July 1989, and
c
in either case, that the loss or diminution is not attributable to the termination before 2nd April 1990 of a contract made after 17th February 1988 which provides for his employment for a fixed term extending beyond 1st April 1990.
PART II
LOSS OF EMPLOYMENT
Compensation where redundancy is certified
3
1
This regulation applies to a person if–
a
when his former employment was terminated he had attained the age of 50 but had not attained the age of 65 and was qualified by service, and
b
LRB have certified that the employment was terminated by reason of redundancy,
but if his former employment was not employment in which he was a pensionable employee within the meaning of the 1986 Regulations or pensionable employment within the meaning of the 1988 Regulations he may, within 13 weeks after being notified that LRB have certified as mentioned in sub-paragraph (b), by giving written notice to LRB elect that this regulation is not to apply to him.
2
A person is qualified by service–
a
where his former employment was employment in local government, if the total of his reckonable service and any qualifying service (within the meaning of the 1986 Regulations) is, or would but for a relevant disqualification have been, not less than 5 years, and
b
where his former employment was employment in education, if he has, or but for an election under regulation B6 of the 1988 Regulations would have, completed a qualifying period (within the meaning of regulation E3 of those Regulations) of at least 5 years.
3
Subject to paragraph (6), where this regulation applies the like compensation is payable as would, on the required assumptions, have been payable under the relevant provisions.
4
Where the former employment was employment in local government, the relevant provisions are those of the 1982 Regulations and Part II of the 1984 Regulations and the required assumptions are–
a
that the 1982 Regulations apply with the modifications set out in Part I of the Schedule to these Regulations,
b
that the person is an eligible person within the meaning of the 1982 Regulations, and
c
that he is required–
i
unless he elects to be credited with a shorter period, to be credited with the maximum period of additional service under regulation 5 of the 1982 Regulations, and
ii
if he is entitled to a redundancy payment, to be paid the maximum compensation under Part II of the 1984 Regulations.
5
Where the former employment was employment in education, the relevant provisions are those of the 1989 Regulations and the required assumptions are–
a
that the 1989 Regulations apply with the modifications set out in Part II of the Schedule to these Regulations,
b
that the person is an eligible teacher within the meaning of the 1989 Regulations, and
c
that he is required–
i
unless he elects to be credited with a shorter period, to be credited with the maximum period of service under regulation 6 of the 1989 Regulations, and
ii
if he is entitled to a redundancy payment, to be paid the maximum compensation under regulation 5 of those Regulations.
6
In the case of a woman who would have been entitled to a redundancy payment but for section 82(1)(b) of the 1978 Act (attainment of the age of 60), paragraphs (4)(c)(ii) and 5(c)(ii) do not apply and she is instead entitled to compensation equal to the redundancy payment to which she would have been entitled if the 1978 Act had applied with the modifications set out in paragraphs 11, 12(c) and 13 of the Schedule.
Compensation in other cases of redundancy
4
1
A person who is entitled to a redundancy payment and who on the relevant date–
a
had not attained the age of 41, and
b
had been employed in relevant local government service for 5 years or more,
is entitled to compensation of the amount specified in paragraph (2).
2
The amount mentioned in paragraph (1) is the difference between–
a
the redundancy payment, and
b
2 weeks' pay (calculated as if Schedule 14 to the 1978 Act, except paragraph 8, had applied) for each year of relevant local government service in which he was not below the age of 18.
3
A person who is entitled to a redundancy payment and who on the relevant date–
a
had not attained the age of 41, and
b
had not been employed in relevant local government service for 5 years or more,
is entitled to compensation of the amount specified in paragraph (4).
4
The amount mentioned in paragraph (3) is the difference between–
a
the redundancy payment, and
b
the redundancy payment to which he would have been entitled if the 1978 Act had applied with the modification set out in paragraph 13 of the Schedule.
5
A person who is entitled to a redundancy payment and–
a
who on the relevant date had attained the age of 41, and
b
to whom regulation 3 does not apply,
is entitled to compensation of the amount specified in paragraph (6).
6
The amount mentioned in paragraph (5) is the difference between–
a
the redundancy payment, and
b
the redundancy payment to which he would have been entitled if the 1978 Act had applied with the modifications set out in paragraphs 12 and 13 of the Schedule.
7
A woman who would have been entitled to a redundancy payment but for section 82(1)(b) of the 1978 Act is entitled to compensation of the amount specified in paragraph (8).
8
The amount mentioned in paragraph (7) is that of the redundancy payment to which she would have been entitled if the 1978 Act had applied with the modifications set out in Part III of the Schedule.
Date for certain calculations
5
In the case of a person who immediately before 1st April 1990 is in employment with ILEA, in making any calculation for the purposes of regulation 3(4)(c)(ii) or (5)(c)(ii) or regulation 4(2)(b), (4)(b), (6)(b) or (8) the calculation date for the purposes of Part II of Schedule 14 to the 1978 Act is to be taken to be 31st March 1990.
PART III
LOSS OR DIMINUTION OF EMOLUMENTS
Emoluments
6
1
Subject to paragraphs (2) and (3), a person’s emoluments in an employment are all the salary, wages, fees and other payments made to him as an employee for his own use, and the money value of any accommodation or other allowances in kind appertaining to the employment.
2
A person’s emoluments do not include–
a
unless it is a usual incident of the employment, any payment for overtime or bonus payment,
b
any allowance payable to him to cover the cost of providing office accommodation or clerical or other assistance,
c
any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred, by him for the purposes of the employment,
d
any payment for loss of holidays made to him on his ceasing to hold the employment,
e
any payment accepted by him in lieu of notice to terminate his contract of employment, or
f
any compensation paid to him under these Regulations or otherwise.
3
Where a person has been absent from work his emoluments are to be treated as including any payments which would have been made to him but for his absence.
4
Subject to paragraph (5), the annual rate of a person’s emoluments in his former employment is the amount of his emoluments in that employment for the period of 12 months immediately preceding the relevant date, or if greater–
a
in the case of emoluments payable monthly, the amount of his emoluments for the last complete month of that period multiplied by 12, or
b
in the case of emoluments payable weekly or at intervals of 2 or 4 weeks, the amount of his emoluments for the last complete 8 weeks of that period multiplied by
365 56 .
5
Where a person’s emoluments for the period of 12 months immediately preceding the relevant date included any fees or other variable payments, the annual rate of his emoluments in his former employment includes the annual average of those payments during–
a
the period of 5 years immediately preceding the relevant date, or
b
such other period as is reasonable in the circumstances.
Entitlement to compensation in respect of loss or diminution of emoluments
7
1
A person suffers loss or diminution of emoluments if A is greater than B, where–
A
is the annual rate of his emoluments in his former employment, and
B
is the amount of the emoluments that would be received in respect of his new employment during the first 12 months of that employment if the contract continued for that period with no variation.
2
A person who suffers loss or diminution of emoluments is entitled to compensation if–
a
his former employment was terminated before he reached normal retiring age, and
b
he is not entitled to any compensation under Part II, and
c
he had on the relevant date been employed from 29th July 1988 in relevant local government service consisting of employment with ILEA or LRB or both, and
d
on the relevant date, or on 1st April 1990 if earlier, he had been employed for not less than 3 years in relevant local government service.
Amount of compensation in respect of loss or diminution of emoluments
8
1
Subject to paragraphs (3) to (6) and regulation 9, the compensation to which a person is entitled under regulation 7 is an annual sum equal to ((A+B)}6C)}6D, where–
A
is the annual rate of his emoluments in his former employment,
B
is any amount by which A would, by the end of a compensation period, have been increased if it had been the annual rate of an official pension within the meaning of the Pensions (Increase) Act 1971 beginning, and first qualifying for increases under that Act, on the day after the relevant date or, where the relevant date is 31st March 1990 or an earlier date, 25th November 1989,
C
is the amount of his emoluments in his new employment, or in any subsequent employment by virtue of which compensation continues to be payable as provided in regulation 9(2), during a compensation period, and
D
is any part of the excess of (A+B) over C in respect of which compensation was payable during that period under regulations made under section 259 of the Local Government Act 1972 or under any instrument made under any enactment, whenever enacted, to the like effect.
2
For the purposes of this regulation and of regulations 11 and 12, the compensation periods are the 8 consecutive periods of 12 months of which the first begins on the first day of the new employment; but the running of a compensation period is suspended during any period during which the person is not employed in a qualifying employment, and in that event the start of the following compensation period is postponed accordingly.
3
Where the contractual weekly hours in the new employment or a subsequent employment fall short of those in the former employment by more than 2 hours, then, to the extent that C comprises the emoluments of that new or subsequent employment–
a
C is to be multiplied by
E F
, and
b
the annual sum is to be multiplied by
E F
, where E is the number of the contractual weekly hours in the former employment and F is the number of those in the new or subsequent employment.
4
In respect of any compensation period the annual sum is not to exceed the total of £5,000 and any amount by which that sum would by the end of the period have been increased if it had been the annual rate of an official pension within the meaning of the Pensions (Increase) Act 1971 beginning, and first qualifying for increases under that Act, on 1st April 1986.
5
In respect of the eighth compensation period there is payable one half of the annual sum.
6
No compensation is payable in respect of any period after the earlier of–
a
the end of the eighth compensation period, and
b
the person’s attaining normal retiring age.
Cessation of new employment
9
1
This regulation applies where, before compensation has by virtue of regulation 8(6) ceased to be payable, the person ceases to be employed with his new employer.
2
If he becomes employed in a qualifying employment and is, or would if he had been dismissed by reason of redundancy have been, precluded by virtue of section 84 or 94 of the 1978 Act from receiving a redundancy payment, compensation continues to be payable in accordance with regulation 8.
3
In any other case, no compensation is payable in respect of any period after the cessation of his employment with the new employer.
PART IV
MISCELLANEOUS
Calculation of compensation
10
In calculating the amount of any compensation to which a person is entitled under these Regulations no account is to be taken of any temporary increase or decrease in his emoluments which is attributable to any provision made by or under Part III of the 1988 Act.
Payment of compensation
11
1
Compensation to which a person is entitled under these Regulations is payable by LRB.
2
Subject to paragraphs (3) and (4), compensation under Part III is payable at the end of each compensation period.
3
LRB may during a compensation period, at such intervals as they think fit, and having regard to any material change of circumstances occurring during that period, make interim payments to a person entitled to compensation under Part III on account of any compensation that may become payable to him at the end of that period.
4
If the total of any payments made to a person under paragraph (3) during any of the first seven compensation periods exceeds or falls short of the compensation payable at the end of that period, the excess or shortfall is to be deducted from, or as the case may be added to, any compensation payable to him at the end of the following compensation period.
5
The provision made by paragraph (4) for the deduction of excesses from compensation payable is without prejudice to any other lawful means of recovery.
Claims and decisions
12
1
A claim for compensation under these Regulations must be made to LRB by notice in writing, which may be sent by post.
2
A decision by LRB on a claim, and any decision made by them as to the amount of compensation payable for any period, is to be notified by them in writing to the person concerned, and in their notification they must–
a
give reasons for the decision,
b
show how any compensation has been calculated, and
c
inform the claimant of his right to institute proceedings under paragraph (3) and of the address to which any application instituting such proceedings should be sent.
3
If the person is dissatisfied with LRB’s decision, or they have not notified him of a decision within 13 weeks after, as the case may be–
a
their receiving a claim, or
b
the end of any compensation period,
he may institute proceedings for the determination of the matter by an industrial tribunal established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965 .
4
Proceedings under paragraph (3) must be instituted within 13 weeks after, as the case may be–
a
the notification of LRB’s decision, or
b
the expiry of the 13 weeks mentioned in that paragraph.


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment Order 1989 and shall come into force on 9th January 1989.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on–
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 2nd October 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; and
b
the slaughter of a sheep which–
i
was moved from any place in accordance with a consent given under the said section 2(1) on or after 9th January 1989, which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
c
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) or (b) of this article, and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph–
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 10th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 31st July 1988 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 2nd October 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which–
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 9th January 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
iii
was moved from any place in accordance with such a consent given on or after 3rd October 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark,and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th January 1989
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order which connect the Trunk Road with other highways at the places stated in that schedule (the highways along those 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
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
i
“the deposited plan”
means the plan numbered HA 10/YHRO 19 marked “The A15 Trunk Road (Bonby Lodge 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 A15 Trunk Road.
5
This Order shall come into force on 1st April 1989, and may be cited as the A15 Trunk Road (Bonby Lodge Slip Roads) Order 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
6th March 1989


text:
1
The County Council of Avon (M32 Motorway (Hambrook Interchange to Lower Ashley Road Interchange) and Connecting Roads) (Revocation) Scheme 1989 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme are deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and at the offices of the County Council of Avon at Avon House, St James Barton, Bristol BS99 7NB.
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 Avon (M32 Motorway (Hambrook Interchange to Lower Ashley Road Interchange) and Connecting Roads) (Revocation) Scheme 1989 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
G.M. Wedd, CB
Regional Director South West Region
Department of Transport
22nd November 1989


text:
1
This Order may be cited as the Housing (Right to Buy) (Maximum Discount) Order 1989 and comes into force on 11th April 1989.
2
The sum of £50,000 is prescribed as the maximum sum by which the price payable for a dwelling-house on a conveyance or grant under Part V of the Housing Act 1985 may be reduced by discount under section 129 of that Act.
3
The Housing (Right to Buy) (Maximum Discount) Order 1986 is revoked.
Nicholas Ridley
Secretary of State for the Environment
15th March 1989
Peter Walker
Secretary of State for Wales
16th March 1989


text:
Citation, commencement and revocations
1
1
This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 and shall come into force on 28th May 1989.
2
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977 and the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 1989 are hereby revoked.
Interpretation
2
1
In this Order, unless the context otherwise requires –
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974;
“designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964 and “within a designated area” includes over and under it;
“the prescribed provisions of the 1974 Act” means sections 1 to 59 and 80 to 82 of the 1974 Act;
“territorial waters” means United Kingdom territorial waters adjacent to Great Britain and “within territorial waters” includes on, over and under them;
“vessel” includes a hovercraft and any floating structure which is capable of being manned.
2
For the purposes of this Order, a person shall be deemed to be engaged in diving operations throughout any period from the time when he commences to prepare for diving until the time when –
a
he is no longer subjected to raised pressure;
b
he has normal inert gas partial pressure in his tissues; and
c
if he entered the water, he has left it;
and diving operations include the activity of any person in connection with the health and safety of a person who is, or is deemed to be, engaged in diving operations.
Application of the 1974 Act outside Great Britain
3
1
The prescribed provisions of the 1974 Act shall, to the extent specified in the following articles of this Order, apply to and in relation to the premises and activities outside Great Britain which are so specified as those provisions apply within Great Britain.
2
The reference in paragraph (1) of this article to premises and activities includes a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.
Offshore installations
4
1
The prescribed provisions of the 1974 Act shall apply outside Great Britain to and in relation to –
a
any offshore installation and any activity on it;
b
any of the following activities in connection with an offshore installation, whether carried on from the installation itself, on or from a vessel or in any other manner, that is to say, inspection, testing, loading, unloading, fuelling, provisioning, construction, reconstruction, alteration, repair, maintenance, cleaning, demolition, dismantling and diving operations and any activity which is immediately preparatory to any of the said activities;
c
the survey and preparation of the sea bed for an offshore installation.
2
In this article, “offshore installation” means –
a
the fixed structures consisting of six towers referred to in the Schedule to this Order as NSR M–1 and NSR R–1, NSR R–2, NSR R–3, NSR R–4 and NSR R–5 and settled on the sea bed at the locations specified in the Schedule and the related cables between each of those towers at sea bed level and the related cables which lie or extend outside the said locations; and
b
an offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 which is within territorial waters or a designated area.
Pipelines
5
1
The prescribed provisions of the 1974 Act shall apply within territorial waters or a designated area to and in relation to –
a
any pipeline works;
b
the following activities in connection with pipeline works –
i
the loading, unloading, fuelling or provisioning of a vessel,
ii
the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,
being in either case a vessel which is engaged in pipeline works.
2
“Pipeline” means a pipe or system of pipes for the conveyance of any thing, together with –
a
any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;
b
any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;
c
valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;
d
apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in the preceding paragraphs;
e
apparatus for the transmission of information for the operation of the pipe or system;
f
apparatus for the cathodic protection of the pipe or system; and
g
a structure used or to be used solely for the support of a part of the pipe or system;
but not including –
i
a pipeline of which no initial or terminal point is situated in the United Kingdom or within territorial waters or a designated area; or
ii
any part of a pipeline which is an offshore installation within the meaning of article 4(2) of this Order;
“pipeline works” means –
a
assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it, and any processes incidental to any of those activities;
b
inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline;
c
changing the position of or dismantling or removing a pipeline or length of pipeline;
d
opening the bed of the sea for the purposes of the works mentioned in sub-paragraphs (a) to (c) of this definition, tunnelling or boring for those purposes and other works needed for or incidental to those purposes;
e
diving operations in connection with any of the works mentioned in sub-paragraphs (a) to (d) of this definition or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.
Mines
6
1
The prescribed provisions of the 1974 Act shall apply to and in relation to the working of a mine, and to work for the purpose of or in connection with the working of any part of a mine, within territorial waters or extending beyond them.
2
In this article “mine” and “working of a mine” have the same meaning as in the Mines and Quarries Act 1954 .
Other activities within territorial waters
7
The prescribed provisions of the 1974 Act shall apply within territorial waters to and in relation to –
a
the construction, reconstruction, alteration, repair, maintenance, cleaning, demolition and dismantling of any building or other structure not being a vessel, or any preparation for any such activity;
b
the loading, unloading, fuelling or provisioning of a vessel;
c
diving operations;
d
the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel;
except that this article shall not apply in any case where at the relevant time article 4, 5 or 6 of this Order applies, or to vessels which are registered outside the United Kingdom and are on passage through territorial waters.
Legal proceedings
8
1
Proceedings for any offence under section 33 of the 1974 Act, being an offence to which that section applies by virtue of this Order, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.
2
Section 3 of the Territorial Waters Jurisdiction Act 1878 (which requires certain consents for the institution of proceedings) shall not apply to proceedings for any offence to which paragraph (1) of this article relates.
Miscellaneous provisions
9
The prescribed provisions of the 1974 Act shall apply in accordance with this Order to individuals whether or not they are British subjects, and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom.
10
Nothing in this Order except Article 8(2) shall be taken to limit or prejudice the operation which any Act or legislative instrument may, apart from this Order, have in territorial waters or elsewhere.
G.I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 2) Regulations 1989 and shall come into force on 1st August 1989.
2
In these Regulations–
“the principal Regulations ” means the Value Added Tax (General) Regulations 1985 .
3
In regulation 30(1) of the principal Regulations there shall be inserted after the word “regulation” the words “and regulation 30B”.
4
After sub-paragraph (c) of regulation 30(3) of the principal Regulations there shall be added the following sub-paragraph–
d
the value of any supply which, under or by virtue of any provision of the Act, the taxable person makes to himself
.
5
After regulation 30A of the principal Regulations there shall be inserted the following regulation–
Attribution of input tax on self-supplies
30B
Where under or by virtue of any provision of the Act a person makes a supply to himself, the input tax on that supply shall not be allowable as attributable to that supply.
.
6
1
This regulation applies where a taxable person has been allowed, pursuant to regulation 30(5) of the principal Regulations, to use a method other than one specified in regulation 30 of the principal Regulations for calculating the amount of input tax to be provisionally attributed to taxable supplies by him in any prescribed accounting period.
2
Where this regulation applies, a taxable person calculating any amount as is mentioned in paragraph (1) above shall not include in the calculation (if the method in question would otherwise allow it)–
a
the value of any supply which, under or by virtue of any provision of the Act, the taxable person makes to himself; and
b
the input tax on such a supply.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
28th July 1989


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Merchant Shipping (Sterling Equivalents) (Merchant Shipping Act 1974) Order 1989 and shall come into force on 10th November 1989.
2
The Merchant Shipping (Sterling Equivalents)(Various Enactments) Order 1986 and the Merchant Shipping (Sterling Equivalents)(Various Enactments) (Amendment) Order 1986 are hereby revoked.
Merchant Shipping Act 1974
2
1
For the purposes of Part I of the Merchant Shipping Act 1974–
a
£42,276,718 is hereby specified as the amount which shall be taken as equivalent to 900 million gold francs, being the number of francs substituted by a decision of the Assembly of the Fund made on 23rd October 1986 for the 450 million francs specified in Article 4.4 of the Fund Convention as set out in Schedule 1 to that Act;
b
£79, £105, £6,566,221 and £11,031,234 are hereby specified as the amounts which shall be taken as equivalents to 1,500 gold francs, 2,000 gold francs, 125 million gold francs and 210 million gold francs respectively, being the amounts specified in section 5(1) of that Act (which gives effect to Article 5.1 of the Fund Convention).
2
In paragraph (1) of this Article “the Fund Convention” has the same meaning as in section 1(1)(b) of the Merchant Shipping Act 1974.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
9th October 1989


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1989 and shall come into force on 1st January 1990.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1989 shall be amended as follows:
1
In regulation 3(1) before the definition of the expression “FIR” there shall be added the following definition:
“ECUs” means European Currency Units being units of account defined by reference to more than one currency;
.
2
For the expression “United States dollars” wherever it appears there shall be substituted the expression “ECUs”.
3
For regulation 5 thereof there shall be substituted the following new regulation:
Payment
5
1
The amount of the charge shall be payable to the Organisation at its principal office in Brussels and shall be paid in ECUs.
2
Without prejudice to any existing rule of law relating to the payment, under an order of the Court, of a debt expressed in ECUs, the equivalent in Sterling of the charge may be recovered in any Court of competent jurisdiction in the United Kingdom.
3
Nothing in this regulation shall prevent the Organisation from accepting as a good discharge payment other than in ECUs or at places other than the principal office of the Organisation.
.
4
For regulation 8 thereof there shall be substituted the following new regulation–
8
1
For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be –
a
Where the average monthly rate of exchange of the ECU to that national currency is established by the Commission of the European Communities, such rate of exchange, and publication in the Official Journal of the European Communities (Information and Notices) for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the Official Journal (Information and Notices) shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document; and
b
Where the average monthly rate of exchange of the ECU to that national currency is not established by the Commission of the European Communities, such rate of exchange as is calculated by reference to the rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document.
2
a
Where the average monthly rate of exchange of the ECU to a national currency is established by the Commission of the European Communities, in the event that the Commission of the European Communities does not publish the Official Journal (Information and Notices) for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the ECU to the relevant national currency for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
b
Where the average monthly rate of exchange of the ECU to a national currency is not established by the Commission of the European Communities, in the event that the International Monetary Fund does not publish the International Financial Statistics for the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
.
5
For Schedule 2 thereof shall be substituted Schedule 1 to these Regulations.
6
For Schedule 3 thereof there shall be substituted Schedule 2 to these Regulations.
Signed by the authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
1st December 1989