type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Perth Harbour Revision Order 1988 and shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
2
The Perth Harbour Act 1856 , the Perth Harbour City Improvements and Gas Act 1897 and this Order may be cited together as the Perth Harbour Acts and Order 1856 to 1988.
Interpretation
2
1
In this Order: —
“Council” means the Tayside Regional Council, constituted under the Local Government (Scotland) Act 1973 ;
“deposited plans and sections” means the plans and sections prepared in triplicate, signed by an Assistant Secretary in the Department of Transport and marked “Plans and sections referred to in the Perth Harbour Revision Order 1988”, of which two copies have been deposited at that Department and one copy of which has been deposited at the principal office of the Tayside Regional Council situated at Tayside House, 28 Crichton Street, Dundee, DD1 3RA;
“harbour” means the port and harbour of Perth;
“level of high water” means the level of mean high water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“undertaking” means the undertaking of the Council, as harbour authority, for the time being authorised;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3 (Power to construct works) of this Order.
Power to construct works
3
1
Subject to the provisions of this Order the Council may in the district of Perth and Kinross and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections construct and maintain the works hereinafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say: —
Work No. 1 A quay wall of sheet steel piling commencing at the outside of the existing timber cope at the southern end of the existing Berth 1, proceeding thence in a south-south-westerly direction for a distance of 30 metres, thence in a westerly direction for a distance of 10 metres and there terminating, together with an infilling of the bed of the River Tay as impounded by the said wall and the provision of a deck of reinforced concrete thereover and a timber cope at the southern end of the new work.
Work No. 2 The removal of the existing coping and steps at the southern end of the existing Berth 1 and the construction of new steps at the southern end of Berth 1 as extended in terms of Work No. 1 above.
2
The Council may within the limits of deviation reconstruct, renew and alter temporarily or permanently the works.
Period for completion of works
4
If the works are not completed before 1st January 1998 the powers by this Order granted to the Council for constructing the works shall on that day cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5
Subject to the provisions of this Order, the Council may within the limits of deviation from time to time erect, construct and maintain, whether temporarily or permanently, all such necessary works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6
Subject to the provisions of this Order, in constructing the works the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
Tidal works not to be executed without approval of Secretary of State
7
1
A tidal work shall not be constructed, reconstructed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the workis begun.
2
If a tidal work is constructed, reconstructed, renewed or altered in contravention of this article or of any condition or restriction imposed under this article: —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part of it and restore the site thereof to its former condition; and if on the expiration of thirty days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in thenotice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or any part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be a debt due from the Council to the Crown and shall be recoverable accordingly.
Survey of tidal works
8
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work constructed by the Council or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be a debt due from the Council to the Crown and shall be recoverable accordingly.
Provision against danger to navigation
9
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Council shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fail to comply in any respect with any provision of this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of it to its former condition, to such an extent and within such limits as the Secretary of Statethinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion of it, in any notice under this article.
3
If on the expiration of thirty days from the date when a notice under this article is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be a debt due from the Council to the Crown and shall be recoverable accordingly.
Lights on tidal works during construction
11
1
The Council shall at or near a tidal work during the whole time of the construction, reconstruction, renewal or alteration thereof exhibit, every night from sunset to sunrise, such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
12
1
After the completion of a tidal work the Council shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Work to form part of undertaking and application of byelaws
13
1
The works shall for all purposes form part of the undertaking.
2
All byelaws and regulations of the Council for the time being in force relating to the undertaking shall as far as applicable apply to the works and may be enforced by the Council accordingly.
3
The works shall be deemed for all purposes to be within the Perth and Kinross district of the Tayside Region.
Crown rights
14
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Council or any licensee of the Council to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a Government Department or held in trust for Her Majesty for the purposes of a Government Department without the consent in writing of that Government Department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Paul Channon
Secretary of State for Transport
14th December 1988


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 2) Order 1988 and shall come into force on 5th January 1989.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment of the principal Order
2
The principal Order is hereby amended by substituting in article 2 thereof (Interpretation) for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 and Council Regulation (EEC) No. 3287/88 ;
.
Revocation
3
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1988 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
22nd December 1988
Peter Walker
Secretary of State for Wales
27th December 1988
Tom King
Secretary of State for Northern Ireland
22nd December 1988


text:
1
This Order may be cited as the Value Added Tax (Imported Goods) Relief (Amendment) Order 1988 and shall come into force on 1st August 1988.
2
In article 2(1) of the Value Added Tax (Imported Goods) Relief Order 1984 in the definition of “alcoholic beverages” for the heading “22.09” there shall be substituted the heading “22.08”.
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
11th July 1988


text:
Title and commencement
1
1
This Order may be cited as the Bovine Spongiform Encephalopathy Order 1988 and except for article 7, shall come into force on 21st June 1988.
2
Article 7 of this Order shall come into force on 18th July 1988.
Extension of definition of “disease”
2
For the purposes of the Act in its application to this Order the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.
Interpretation
3
In this Order, unless the context otherwise requires
“the Act” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with the disease;
“animals” means bovine animals, sheep, goats, deer and all other ruminating animals;
“animal protein” means any protein material which is derived from a carcase but does not include milk or any milk product or dicalcium bone phosphate;
“appropriate Minister” means, in relation to England, the Minister, and in relation Scotland or to Wales, the Secretary of State;
“bovine animal” means a bull, cow, steer, heifer or calf;
“carcase”, except in the definition of animal protein, means the carcase of a bovine animal and includes part of a carcase, and the meat, blood, bones, hair, hide, horn, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof and the intestinal contents of a bovine animal; and in the definition of animal protein “carcase” means the carcase of an animal and includes part of a carcase, and the meat, blood, bones, hair, wool, hide, skin, horn, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;
“the disease” means bovine spongiform encephalopathy;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“premises” includes land;
“suspected animal” means a bovine animal which is suspected of being affected with the disease;
“veterinary inspector” means a veterinary inspector appointed by the Minister;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
Notification of disease in bovine animals
4
1
A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Officer.
2
A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.
Veterinary enquiry as to existence of disease and requirements as respects affected animals
5
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to estabish the correctness of that supposition.
2
For the purposes of such an enquiry a veterinary inspector may —
a
examine any bovine animal or carcase on the premises;
b
make such tests and take such samples from any bovine animal or carcase on the premises as he may consider necessary for the purpose of diagnosis;
c
mark for identification purposes any bovine animal or carcase on the premises.
3
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an inspector of the Minister or by an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact, and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
4
If, on completion of the enquiry, the veterinary inspector is satisfied that there is an affected animal on the premises he may serve a notice in Form A on the owner or person in charge of that animal.
5
A notice in Form A shall remain in force until it is withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the affected animal in respect of which the notice in Form A was served.
6
On the service of a notice in Form A the requirements contained in that notice shall have effect.
Restrictions on movement of other bovine animals
6
1
If a veterinary inspector has reasonable grounds for supposing that the movement of any bovine animal, other than an affected animal, from any premises may give rise to the risk of the spread of the disease he may, by notice in writing served on the owner or person in charge of the animal, prohibit the movement of the animal off the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
2
A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the animal to which that notice relates.
Prohibition of sale, supply and use of certain feedingstuff for feeding to ruminating animals
7
1
No person shall knowingly sell or supply for feeding to animals any feedingstuff in which he knows or has reason to suspect any animal protein has been incorporated.
2
No person shall feed to an animal any feedingstuff in which he knows or has reason to suspect that any animal protein has been incorporated.
3
This article shall cease to have effect on 1st January 1989.
Cleansing and disinfection
8
1
A veterinary inspector may serve on the occupier of any premises on which there is or has within 56 days been an affected or a suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense, and in such manner and within such period as may be specified in the notice, —
a
all or any part of the premises;
b
any equipment, appliance, utensil or other thing used in connection with any such animal or carcase.
2
If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable by the appropriate Minister or, as the case may be, by the local authority as a civil debt from the person in default.
Sampling
9
Where an inspector of the Minister has reasonable grounds for supposing that the provisions of article 7 of this Order have not been or are not being complied with he may take from any feedingstuff such samples as he considers necessary in order to establish the correctness of that supposition.
Production of licences
10
Where an animal is being moved under the authority of a licence issued under this Order the person in charge of the animal being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a police officer, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Offences
11
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any bovine animal or carcase under article 5(2)(c) of this Order;
b
contravenes any provision of this Order or any provision of a licence issued, or of a notice served, under this Order;
c
fails to comply with any such provision or with any condition of such a licence or notice; or
d
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce Order
12
The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th June 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
14th June 1988
Peter Walker
Secretary of State for Wales
13th June 1988


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (British Railways Board) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Transport is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 7 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (British Railways Board) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Transport, the councils of the boroughs of Sandwell and Walsall, the British Railways Board and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and stippled or edged internally with a stippled band on a numbered map.
Vesting of land
3
The land described in the Schedule hereto, and now vested in the British Railways Board or any local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Provided that nothing in this article shall vest any land comprised in Plot 5 which is also comprised in Plot 10 in Part 1 of the Schedule to the Black Country Development Corporation (Vesting of Land) (General) Order 1988 unless that land is now vested in the British Railways Board or a subsidiary thereof.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
30th June 1988
Paul Channon
Secretary of State for Transport
30th June 1988


text:
1
The length of highway described in the Schedule to this Order and shown by striped hatching on the deposited plan shall become a trunk road as from the date on which this Order comes into force.
2
In this Order —
“the deposited plan” means the plan contained in the plan folio numbered HA 10/YHRO 15 marked “The (A1237) York Outer Ring Road (Northern) (Trunking) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
This Order shall come into force on 3rd June 1988 and may be cited as the (A1237) York Outer Ring Road (Northern) (Trunking) Order 1988.
Signed by authority of the Secretary of State.
J.F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
20th May 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Accommodation of Children (Charge and Control) Regulations 1988 and shall come into force on 1st June 1989.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Care Act 1980;
“area authority” means, in relation to a child, the local authority in whose area the dwelling of the person with whom the child is placed is situated, where the child is not in the care of that authority;
“custodian”, in relation to a child, means the person in whom legal custody of the child is vested under a custodianship order under section 33(1) of the ChildrenAct 1975 ;
“guardian ad litem” means a guardian ad litem appointed pursuant to section 32B of the Children and Young Persons Act 1969 , under rules made under section 65 of the Adoption Act 1976 or pursuant to section 7 or 12F(3) (f) of the Act;
“placement” means the accommodation of a child under the charge and control of a parent, guardian, relative or friend pursuant to section 21(2) of the Act (charge and control), the expressions “place” and “placed” shall be construed accordingly and “placed with” a person means accommodated under that person’s charge and control;
“placement decision” means a decision to place a child which is made in accordance with regulation 6 (placement decisions by Director of Social Services or nominated person).
“supervisory duties” means the duties imposed by regulation 8 (supervision of placements).
3
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
b
any reference to a numbered Schedule is to the Schedule to these Regulations bearing that number.
Scope of Regulations
2
1
Subject to the provisions of this regulation these Regulations shall apply to every child to whom Part III of the Act (which relates to the treatment of children in the care of a local authority) applies( g) and who is or is proposed to be placed.
2
These Regulations shall not apply to a child who has been received into the care of a local authority under section 2 of the Act (voluntary care) unless a resolution has been passed under section 3 of the Act in respect of that child.
3
These Regulations shall not apply to the placement of a child for adoption pursuant to the Adoption Act 1976.
4
Where a child is committed by a court to the care of a local authority by an order under section 7(2) of the Family Law Reform Act 1969, section 43 of the Matrimonial Causes Act 1973, section 2(2)(b) of the Guardianship Act 1973, sections 34(5) and 36(2) and (3)(a) of the Children Act 1975 or section 26(1)(b) of the Adoption Act 1976, the application of these Regulations is subject to any directions given by the court whether any such direction is given before or after the coming into force of these Regulations.
5
Nothing in these Regulations shall require the temporary removal of a child from the person with whom the child is to be placed and with whom he is already living before he is placed.
Consultation and notification
3
1
Before a placement decision is made a local authority shall, so far as is practicable, seek written views on the proposed placement from the persons specified in paragraph (2) and shall take those views into account in reaching such a decision.
2
The persons from whom views are to be sought are —
a
the child, having regard to his age and understanding;
b
the child’s parent, guardian or custodian where appropriate;
c
the district health authority for the district in which the child is living and the appropriate officer;
d
the child’s medical practitioner;
e
the area authority, where the proposed placement is in the area of that authority;
f
a person, not being an officer of a local authority, who is or has been involved with the arrangements for the child’s welfare during the period the child has been in the care of the local authority or immediately before that period;
g
any other person whose views the local authority considers should be sought.
3
In paragraph (2)(c) “appropriate officer” means such officer as may be appointed for the purposes of that subparagraph by the local education authority for the area in which the child is living.
4
The local authority shall, so far as practicable, give written notice to all the persons whose views have been sought pursuant to paragraph (1) of the placement decision and, subject to paragraphs (5) and (7), of where the child is to be placed.
5
Where the child is placed with a person other than his parent, guardian or custodian, as the case may be, the local authority’s notice in writing to his parent, guardian or custodian under paragraph (4) shall contain —
a
the name and address of the person with whom the child is placed;
b
arrangements for access to the child having regard to the Code of Practice made under section 12G of the Act;
c
any other particulars relating to the care and welfare of the child which it appears to the local authority ought to be supplied.
6
In relation to termination of a placement a local authority shall, so far as practicable —
a
give notice in writing of any decision to terminate the placement to the child, having regard to his age and understanding, to the person with whom the child is placed and to the child’s parent, guardian or custodian; and
b
give notice in writing of the termination of the placement to all persons, other than the child, whose views were sought pursuant to paragraph (1) and the person with whom the child was placed.
7
A local authority shall not be required to give notice under paragraph (4) in the case of a person whose whereabouts are unknown to the authority or cannot be readily obtained nor in any case where the authority determine that such notification would not be in accordance with their general duty under section 18 of the Act (general duty of local authority in relation to children in their care) in respect of the child.
Duties of local authorities in relation to placements
4
A local authority shall satisfy themselves that the placement of a child is the most suitable way of performing their general duty under section 18 of the Act and that the placement is the most suitable having regard to all the circumstances.
Enquiries to be made before placement decisions
5
1
Before a placement decision is made, a local authority shall make all necessary enquiries in respect of —
a
the health of the child, by means of a health assessment unless such an assessment has been made and recorded in a written report by a registered medical practitioner within three months of the proposed placement decision;
b
the suitability of the person with whom it is proposed the child should be placed;
c
the suitability of the proposed accommodation, including the proposed sleeping arrangements;
d
the educational and social needs of the child; and
e
the suitability of all other members of the household aged 16 or over in which it is proposed a child will live.
2
In considering the suitability of a person as required in paragraph (1)(b) or (e), the local authority shall take into account the particulars specified in Schedule 1.
Placement decisions by Director of Social Services or nominated person
6
The decision to place a child shall be made on behalf of the local authority by the Director of Social Services appointed by the authority under section 6 of the Local Authority Social Services Act 1970 or by an officer of the local authority nominated in writing for the purpose by the Director.
Provision of agreements
7
Following a placement decision the local authority shall seek to reach agreement with the person with whom the child is to be placed to all the particulars specified in Schedule 2, and the placement shall not be put into effect until such an agreement on all the particulars so specified has been reached and a copy of it has been given or sent tothat person.
Supervision of placements
8
1
A local authority shall satisfy themselves that the welfare of each child who has been placed by them continues to be appropriately provided for by his placement and for that purpose the authority shall —
a
give such advice and assistance to the person with whom the child is placed as appears to the local authority to be necessary;
b
make arrangements for a person authorised by the local authority to visit the child from time to time as necessary but in any case within one week of the beginning of the placement and at intervals of not more than 6 weeks during the first year of the placement and thereafter when reasonably requested by the child or the person with whom the child is placed and as circumstances may require, but in any case at intervals of not more than 3 months, and for the person so authorised so far as practicable to make arrangements to see the child alone on each visit;
c
review the child’s welfare and progress including his health, and his physical, emotional, educational and social development, within the period of 3 months from the beginning of the placement and thereafter at intervals of not more than 6 months.
2
In carrying out a review in accordance with paragraph (1)(c) a local authority shall, so far as practicable, ascertain and give due consideration to the child’s wishes and feelings having regard to his age and understanding and seek and take into account the views of —
a
the child’s parent or guardian, or
b
where a custodianship order relating to the child is in force, the custodian and, where the custodian and a parent of the child have legal custody jointly, that parent, and
c
the person with whom the child is placed.
3
In carrying out a review in accordance with paragraph (1)(c) a local authority shall reconsider whether —
a
the placement of the child is the most suitable way of performing their general duty under section 18 of the Act;
b
the placement continues to be the most suitable placement having regard to all the circumstances;
c
the child’s needs arising from his cultural background, racial origin and religious persuasion are being met;
d
there is a continuing need for the child to be in the care of the local authority.
4
On each occasion on which a child is visited in pursuance of a provision of these Regulations by any person on behalf of the local authority which placed the child, the local authority shall cause a written report on the child to be prepared by that person.
5
On each occasion on which a review of the case of a child is carried out pursuant to paragraph (1)(c) the authority carrying out the review shall cause a written report thereon to be made.
Arrangements between local authorities and area authorities
9
Where arrangements are made by a local authority with an area authority in respect of a child placed by a local authority in the area of the area authority for the area authority to carry out the supervisory duties in regulation 8 (supervision of placements) on behalf of the authority in whose care the child is —
a
the authority in whose care the child is shall supply the area authority with all such information as is necessary to enable the area authority to carry out the supervisory duties on behalf of the other authority;
b
the area authority shall keep the other authority informed of the progress of the child and, in particular, shall furnish reports to the other authority following each visit to the home in which the child is placed and following each review of the case of the child carried out by the area authority on behalf of the other authority in accordance with regulation 8(1)(c);
c
the local authority and the area authority shall consult each other from time to time as necessary and as soon as practicable after each such review of the case of the child with regard to what action is required in relation to the child.
Health requirements
10
A local authority shall ensure that arrangements are made in respect of a child who has been placed for him to be provided with health care, including medical and dental attention and ensure that the name of the child is included on the list of a general medical practitioner who provides general medical services under Part II of the National Health Service Act 1977 during the placement.
Restriction on placements outside England and Wales
11
1
A local authority in whose care a child is shall not place a child outside the British Islands unless the authority consider that the exceptional circumstances of his case make such placement desirable.
2
If a local authority in whose care a child is make arrangements to place a child outside England and Wales the authority shall take steps to ensure that, so far as practicable, requirements corresponding with the requirements of these Regulations are complied with in relation to that child as would be required to be complied with under these Regulations if the child were placed in England and Wales.
Termination of placements
12
1
A local authority shall not allow a child who has been placed by them to remain placed if it appears to them that the placement is no longer in accordance with the general duty of the authority in respect of the child under section 18 of the Act or would prejudice the safety of the child.
2
Where, in the case of a child who has been placed in the area of an area authority by another authority, it appears to the area authority that it would be detrimental to the welfare of the child if he continued to be so placed, the area authority may remove the child forthwith from the charge and control of the person with whom he is placed.
3
Where a child is removed under paragraph (2) the area authority shall forthwith notify the other authority of that fact and that authority shall make other arrangements for the care of the child as soon as is practicable.
Registers to be kept by local authorities
13
1
A local authority shall, in respect of every child placed in their area, whether by them or by another local authority, enter into a register to be kept for the purpose, the particulars specified in paragraph (2) and such of the particulars specified in paragraph (3) as may be appropriate.
2
The particulars to be entered in the register in accordance with paragraph (1) shall be —
a
the name, sex, and date of birth of the child;
b
the name and address of the person with whom the child is placed and, if different those of the child's, parent, guardian and custodian;
c
the name of the local authority by whom the child is placed;
d
the statutory provision by virtue of which the child is in the care of a local authority;
e
whether the child’s name is entered on any local authority register indicating that the child is at risk of being abused;
f
the date on which each placement of the child began and terminated and the reason for each termination.
3
The additional particulars to be entered in the register, where appropriate, in accordance with paragraph (1) are —
a
in the case of a child in respect of whom arrangements have been made under regulation 9 (arrangements for supervisory duties to be carried out by area authorities) a note of that fact and the name of the local authority with whom the arrangements were made; and
b
in the case of a child in respect of whom arrangements have been made for supervisory duties under regulation 8 (supervision of placements) to be carried out on behalf of the local authority by a voluntary organisation a note of that fact and the name of the voluntary organisation with whom the arrangements were made.
4
Entries in registers kept in accordance with this regulation shall be retained for at least 5 years beginning with the date on which the child to whom the entry relates attains the age of 18 or, if the child has died before attaining that age, the period of 5 years beginning with the date of his death.
5
Any register kept in accordance with this regulation shall be open to inspection at all reasonable times by any person duly authorised in that behalf by the Secretary of State.
6
A local authority shall provide such access as may be required to entries in the register relating to a particular child and information about him —
a
to the child’s guardian ad litem, and
b
subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure) to a Local Commissioner appointed under section 23 of that Act, for the purposes of any investigation conducted in accordance with Part III of that Act.
7
A local authority shall secure the safekeeping of registers kept in accordance with this regulation and shall take all necessary steps to ensure that information contained therein is treated as confidential.
Case records relating to placements
14
1
A local authority shall compile and keep up to date a case record in respect of —
a
every child placed by them;
b
every child placed in their area by another authority in respect of whom they perform supervisory duties.
2
Every case record compiled in accordance with paragraph (1) shall include the documents specified in paragraph (3) and the information specified in paragraph (4).
3
The documents referred to in paragraph (2) are as follows —
a
copies of reports made in pursuance of regulation 8(3) and (4);
b
copies of reports of each review carried out in respect of the child under section 27(4) of the Children and Young Persons Act 1969 ;
c
copies of agreements made in pursuance of regulation 7;
d
copies of any notice given under section 12B of the Act (termination of access) and any access order made by a court under section 12C of the Act (access orders) ;
e
copies of any agreements setting out the terms of arrangements made by the local authority for the performance of supervisory duties in respect of the child by an area authority or voluntary organisation.
4
The information to be included in case records is all the information relating to the child’s history and background and the child’s health, and his physical, emotional, educational and social development which in the opinion of the local authority is relevant to the child’s welfare during periods in which the child is placed.
Retention of and access to case records
15
1
Any case record compiled in accordance with regulation 14 or a complete recording thereof, shall be retained for at least 75 years beginning with the date of birth of the child to whom it relates or, if the child has died before attaining the age of 18 the period of 15 years beginning with the date of his death.
2
A local authority shall secure the safe keeping of records compiled in accordance with regulation 14 and shall take all necessary steps to ensure that information contained therein is treated as confidential.
3
Case records compiled in accordance with regulation 14 or, as the case may be, a complete recording thereof, shall be open to inspection at all reasonable times by any person duly authorised in that behalf by the Secretary of State.
4
A local authority shall provide such access as may be required to case records compiled in accordance with regulation 14 or a complete recording thereof and information about a particular child —
a
to the child’s guardian ad litem, and
b
subject to the provisions of section 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure), to the Local Commissioner appointed under section 23 of that Act, for the purpose of any investigation conducted in accordance with Part III of that Act.
5
A local authority may make and preserve a complete recording of any record compiled in accordance with regulation 14 and may destroy any record of which they have made a recording which reproduces the total contents of such record.
Transitional provisions
16
1
Any child who is not a child to whom regulation 2(2) applies and who is under the charge and control of a parent, guardian, relative or friend, pursuant to section 21(2) of the Act immediately before the coming into force of these Regulations shall be deemed to have been placed under these Regulations on the day they come into force.
2
A local authority who are deemed by paragraph (1) to have placed a child under these Regulations shall, subject to paragraphs (3) and (4), comply with these Regulations, so far as they apply to placements, as soon as practicable after they come into force and in any event within 12 months of the coming into force of these Regulations.
3
A local authority shall carry out a review in accordance with the provisions of regulation 8(1)(c) (review) in respect of each child who is deemed to be placed pursuant to paragraph (1), so however that the review of the deemed placement shall be carried out within six months of the date of such placement and thereafter at intervals of not more than six months, and for this purpose the authority shall cause each such child to be visited, which such visits shall be deemed to be visits for the purposes of regulation 8(4).
4
The local authority’s obligations under regulation 4 (duties of local authorities in relation to placements) and regulation 12 (termination of placements) shall apply to each child who is deemed to be placed pursuant to paragraph (1) from the date these Regulations come into force.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State,Department of Health
12th December 1988


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (Central Electricity Generating Board) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Energy is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 1 to 2 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (Central Electricity Generating Board) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Energy, the Central Electricity Generating Board, the council of the borough of Sandwell and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and edged internally with a stippled band on a numbered map.
Vesting of Land
3
The land described in the Schedule hereto, and now vested in the Central Electricity Generating Board or any local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
28th June 1988
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Energy
1st July 1988


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1988 and shall come into force on 12th September 1988.
2
The Export of Goods (Control) Order 1987 shall be amended as follows —
a
Article 2(vi) shall be deleted;
b
in Group A of Part I of Schedule 1, in the entries relating to CN Headings No. 262030 (Ash and residues, (other than from the manufacture of iron or steel), containing metals or metallic compounds — containing mainly copper), and No. 7404 (Copper waste and scrap), for the letters “E(S)” there shall be substituted the letter “E”;
c
in Group 2A of Part II of Schedule 1, in entry A9 (Beryllium), in head (3), after the word “machines” there shall be inserted the words “and oxide shapes in fabricated or semi-fabricated forms specially designed for electronic component parts or as substrates for electronic circuits”;
d
in Group 3A of Part II of Schedule 1 —
i
in entry IL1091, IL1093 (Machine tools and numerical control systems), in the exception to head (1), after sub-head (a) there shall be inserted the following new sub-head (aa):
aa
jig-grinders having both of the following characteristics —
i
overall positioning accuracy in any axis equal to or greater than —
a
±0.005mm for machines with total length of axis travel of not greater than 300mm;
b
±(0.005 + (0.002/300 x (L — 300))mm for machines with a total length of axis travel greater than 3,300mm;
ii
not more than two axes capable of simultaneously co-ordinated contouring motion;
;
ii
in the same entry, in the exception to head (1), in sub-head (b), for the words “sub-head (a)” there shall be substituted the words “sub-heads (a) and (aa)”;
e
in Group 3B of Part II of Schedule 1, in entry IL1129, IL1131 (Pumps), for head (2) there shall be substituted the following head —
2
Other pumps designed to move molten metals by electromagnetic forces
A
;
f
In Group 3D of Part II of Schedule 1, in entry IL1399 (Software for automatically controlled industrial systems to produce assemblies or discrete parts (except software in machine executable form for industrial sectors other than nuclear, aerospace, shipbuilding, heavy vehicles, machine building, microelectronics and electronics)), in head (1) (e), for the words “plasma arc equipment” there shall be substituted the words “electric arc devices and equipment”;
g
in Group 3E of Part II of Schedule 1 —
i
in entry IL1416 (Ships, surface-effect vehicles, water-screw propellers, and specially designed components), for the first two lines there shall be substituted the following —
IL1416 Ships, surface-effect vehicles, water-screw propellers and hub assemblies, water-screw propeller systems, moisture and particulate separator systems and specially designed components, the following —
;
ii
in the same entry, for head (13) there shall be substituted the following heads (13) and (14):
13
Water-screw propellers and hub assemblies, the following —
a
supercavitating propellers rated at more than 10,000hp
A
b
controllable-pitch propeller and hub assemblies rated at more than 40,000hp capacity
A
14
Water-screw propeller systems, the following —
a
contrarotating propeller systems rated at more than20,000hp
A
b
ventilated, base-ventilated and super-ventilated propellersystems
A
c
systems employing pre-swirl and post-swirl techniques for smoothing the flow into a propeller to improve the propulsive efficiency of —
i
SWATH vessels, hydrofoil vessels and surface-effectvessels; or
A
ii
other vessels whose propeller rotational speed is greater than 200rpm, or having propellers with a rating greater than 50,000hp per shaft
A
;
h
in Group 3F of Part II of Schedule 1 —
i
in entry IL1501 (Navigation, direction finding, radar and airborne communication equipment), in head (2)(d), the words “under crystal control” and “on alternating frequencies of 121.5 MHz and” shall be deleted;
ii
in entry IL1510 (Marine or terrestrial acoustic or ultrasonic systems or equipment, using acoustic travel time differences, specially designed for positioning surface vessels or underwater vehicles, or for detecting or locating underwater or subterranean objects or features, and specially designed components of such systems or equipment, including but not limited to hydrophones, transducers, beacons, towed hydrophone arrays, beamformers and geophones, other than moving coil or moving magnet electromagnetic geophones, and specially designed software therefor), before head (1), there shall be inserted the word “except”;
iii
in entry IL1520 (Radio relay communication equipment and specially designed test equipment and software), in head (1)(d), for sub-heads (ii) and (iii) there shall be substituted the following sub-heads —
ii
C-band:
3.4 — 4.2 GHz ,
4.5 — 4.8 GHz
iii
kU- and kA-band:
10.7 — 12.75 GHz
;
iv
in entry IL1522 (Lasers and laser systems and specially designed parts and components therefor (including amplification stages) and any equipment containing lasers or designed to contain lasers), in heads (2) (t)(i) and (ii), the word “not” shall be deleted;
v
in entry IL1529 (Electronic equipment for testing, measuring (eg time interval measurement), calibrating or counting, or for microprocessor/microcomputer development), in head (5)(d), for the words “programmable instruments” there shall be substituted the words “instruments in which the functions can be controlled by the injection of digitally-coded electrical signals from an external source”;
vi
for entry IL1542 there shall be substituted the following entry —
IL1542
Cold cathode tubes and switches, as follows —
1
Triggered spark gaps having an anode delay time of 15 microseconds or less and rated for a peak current of 3,000A or more, and components specially designed therefor and equipment incorporating such devices
A
2
Cold cathode tubes, whether gas-filled or not, operating in a manner similar to a spark gap, containing three or more electrodes and having all of the following characteristics —
a
rated for an anode peak voltage of 2,500V or more;
b
rated for peak currents of 100A or more;
c
an anode delay time of 10 microseconds or less; and
d
an envelope diameter of less than 25.4mm.
A
;
vii
entry IL1543 shall be deleted;
viii
in entry IL1544 (Semiconductor diodes and dice and wafers therefor (except those specified elsewhere in this Schedule, or those made from germanium, selenium or copper oxide)), for the words “made from” in the second line, there shall be substituted the words “based on”;
ix
in the same entry, head (8) shall be deleted;
x
in entry IL1545 (Transistors and dice and wafers therefor (except photo-transistors which are specified in the entry in this Group relating to photosensitive components)), for head (2)(e) there shall be substituted the following head —
e
majority carrier-type transistors, including but not limited to junction field-effect transistors ( FETs ) and metal-oxide semi-con-ductor transistors ( MOS )
except field-effect transistors having —
i
a maximum power dissipation of no more than 6W and an operating frequency not exceeding 1.0 GHz; or
ii
a maximum power dissipation of no more than 1W and an operating frequency not exceeding 2.0 GHz
A
;
xi
in the same entry, in head (2)(f), for “(f)”, “(1)”, “(2)”, and “(3)”, there shall be substituted “(3)”, “(a)”, “(b)” and “(c)” respectively;
xii
in entry IL1548 (Photosensitive components, including linear and focal plane arrays), after the words “focal plane arrays” in the first line, there shall be inserted the words “and dice and wafers therefor”;
xiii
in the same entry, before the exception, head (5) shall be deleted;
xiv
in entry IL1558 (Valves and cathodes), after the word “Valves” in the first line there shall be inserted the words “(electronic), vacuum tubes”;
xv
in the same entry, in head (2), for the word “magenetic” in the third line, there shall be substituted the word “magnetic”;
xvi
in the same entry, in sub-head (b) of the exception to head (2), for “25 kW ” in the last line, there shall be substituted “35kW”;
xvii
in entry IL1559 (Hydrogen/hydrogen isotope thyratrons of ceramic metal construction, and accessories therefor), in head (1), for “20 MW ” there shall be substituted “12.5 MW”;
xviii
in entry IL1564 (Electronic component assemblies, modules, printed circuit boards with mounted components, substrates and integrated circuits, including packages therefor), in head (1)(a)(v)(d), for “±10 -5 K” there shall be substituted “±10 -5 /K”;
xix
in the same entry, in head (3)(b), after sub-head (iii), there shall be inserted the following additional sub-heads —
iv
non-coherent light-emitting alphanumeric displays, incorporating monolithic integrated circuits which are used for decoding, controlling or driving the display and are not integral with the actual display device; or
v
encapsulated photo-coupler (transopter) assemblies having electrical input and output, and where any incorporated light-emitting diode can only emit non-coherent light.
;
xx
in the same entry, for head (4)(b)(iv)(a) there shall be substituted the following head —
a
specially designed for and by virtue of circuit design limited to use as serial digital shift registers;
;
xxi
in the same entry, head (4)(b)(xiii) shall be deleted;
xxii
in the same entry, in head (4)(b)(xv), for the words “and/or” in the second line, there shall be substituted the word “or”;
xxiii
in the same entry, in head (5)(e)(i), for the words “a case” there shall be substituted the words “an ambient”;
xxiv
in the same entry, in head (6)(a), for “223K” there shall be substituted “233K”;
i
in Group 3G of Part II of Schedule 1, after entry IL1568 (Amplifiers, electronic or magnetic, specially designed for use with resolvers), opposite the entry “Converters analogue-to-digital and digital-to-analogue, other than digital voltage measuring apparatus specified in Group 3F”, there shall be inserted “IL1568”;
j
in Group 3I of Part II of Schedule 1 —
i
in entry IL1746 (Polymeric materials and manufacturers thereof), in head (3), for the words “0.022 Newtons” there shall be substituted the words “22.075 Newtons”;
ii
in the same entry, for head (6) there shall be substituted the following head —
6
Polyphosphazenes (polyphosphonitriles)
A
;
iii
in the same entry, for head (7) there shall be substituted the following head —
7
Polystyrylpyridine ( PSP )
A
;
iv
in the same entry, in head (10), after the word “ketones” there shall be added “(PEEK)”;
v
in the same entry, after head (10), there shall be inserted the following additional heads —
11
Polymeric products of butadiene, the following —
a
carboxyl terminated polybutadiene, hydroxyl terminated polybutadiene, thiol terminated polybutadiene and cyclised 1, 2 — polybutadiene
A
b
mouldable copolymers of butadiene and acrylic acid
A
c
mouldable terpolymers of butadiene, acrylonitrile and acrylic acid or any of the homologues of acrylic acid
A
12
Carboxyl terminated polyisoprene
A
;
vi
in the entry Chemicals, in head (1), for the word “Chloreothanol” there shall be substituted the word “Chloroethanol”;
vii
the entry Synthetic rubbers shall be deleted;
k
in Group 4 of Part II of Schedule 1, after entry IL1399 (Technology for the design of automatically controlled industrial systems used with software as specified in the entry in Group 3D relating thereto, whether or not such other equipment or systems are specified), there shall be inserted the following additional entry —
IL1401
Technology for reciprocating diesel engines, the following —
Technology for reciprocating diesel engine ground vehicle propulsion systems and specially designed software, the following —
having a box volume of 1.2mu23 or less;
having an overall power output greater than 750kW base on 80/1269/ EC C, ISO 2534 or national equivalents;
having a power density greater than 700kW/mu23 of box volume.
Technology for solid or dry film cylinder wall lubrication permitting operation at temperatures greater than 450°C (723K) measured on the cylinder wall at the top limit of travel of the top ring of the pistons.
.
Eric Beston
An Assistant Secretary,
Department of Trade and Industry
19th August 1988


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1988, and shall come into force on 5th January 1989.
Interpretation
2
In this Order —
“the Council Regulation” means the Regulation adopted by the Council of the European Communities on 21st December 1988, fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1989 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order, as read with any qualifying words relating to that provision in that column.
Offences
3
Where there is, in respect of —
a
any British fishing boat registered in the United Kingdom wherever it may be, or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the poinding and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Article 114(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in that article.
Powers of British sea-fishery officers
6
1
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may go on board any British fishing boat wherever it may be or any other fishing boat which is within British fishery limits;
b
may require any such boat to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the boat or any other person on board;
d
may require any person on board to assist him in the performance of his functions;
e
may take with him, to assist him in performing his functions, any other person and any equipment or materials; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 3 of this Order has been committed in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and if he has reasonable grounds to suspect that an offence has been committed within British fishery limits, the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may examine any fish on the premises;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of sea fish;
d
may take copies of any such document;
and, if he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain such document produced to him or found on the premises.
6
A British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Obstruction of officers
7
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 6 of this Order or intentionally obstructs any such officer in the exercise of any of those powers
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
8
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Offences by bodies corporate
9
Where an offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Proceedings
10
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation
11
The Sea Fishing (Enforcement of Community Quota Measures) Order 1987 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd December 1988
Peter Walker
Secretary of State for Wales
27th December 1988
Tom King
Secretary of State for Northern Ireland
22nd December 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Property) (West Midlands) Order 1988, and shall come into force on 26th May 1988.
2
In this Order —
“the relevant councils” means the councils of all the districts in the county of West Midlands, and
“the Residuary Body” means the West Midlands Residuary Body.
Specified property
2
There shall vest in each body mentioned in Schedule 1 the property so mentioned in relation to that body.
Highways property
3
All property of the Residuary Body situated in the districts of Coventry, Dudley or Solihull, other than property mentioned in Schedule 2, which immediately before 1st April 1986 was held by the West Midlands County Council for the purposes of its functions relating to highways shall vest in the council of the district in which it is situated.
Rights and liabilities
4
There shall vest in each body to which property is transferred by article 2 or 3 above all rights and liabilities of the Residuary Body acquired or incurred exclusively in connection with that property.
5
All rights and liabilities of the Residuary Body in relation to undertakings by the West Midlands County Council, given on the dates and to the bodies mentioned in Schedule 3, to pay moneys by way of grant, shall vest jointly and severally in the relevant councils.
West Midlands Arts Trust
6
The right of the West Midlands County Council under the articles of association of the West Midlands Arts Trust to nominate two members of the Council of the Trust shall vest jointly in the relevant councils.
Nicholas Ridley
Secretary of State for the Environment
27th April 1988


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Official Searches) Rules 1988 and shall come into force on 16th May 1988.
Interpretation
2
1
In these rules, unless the context otherwise requires:
“ the Act ” means the Land Registration Act 1925;
“the principal rules” means the Land Registration Rules 1925 ;
“day list” means the record kept pursuant to rule 7A of the principal rules;
“purchaser” means any person (including a lessee or chargee) who in good faith and for valuable consideration acquires or intends to acquire a legal estate in land and “purchase” has a corresponding meaning;
“pending first registration application” means an application made under Section 4 or 8 of the Act and entered on the day list but where the registration has not yet been completed;
“delivered”, except in relation to an application made on form 94A, 94A(FR), 94B, 94B(FR), 94C or 101 includes received otherwise than in documentary form by such means as the registrar may from time to time authorise;
“issued”, except in relation to an official certificate of search in form 94D, 94E or 102, includes sent otherwise than in documentary form;
“official search” means any search of the register or any search in relation to a pending first registration application made by or under the control of officers of the Land Registry pursuant to an application made in accordance with rule 3 of these rules;
“official certificate of search” means a result of search issued in accordance with rule 3 of these rules;
“priority period” means the period beginning at the time when an application for an official search is deemed by virtue of paragraph (3) below to have been delivered and ending immediately after 9.30 hours on the thirtieth day thereafter;
“proper office” means the district land registry designated as the proper office by Article 2(2) of the Land Registration (District Registries) ( No. 2) Order 1987 ;
“day” means a day when the Land Registry is open to the public;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act.
2
A form referred to by number means the form so numbered in Schedule 1 to these rules.
3
An application for an official search made by a purchaser in accordance with rule 3 of these rules which is delivered after 9.30 hours on one day and before or at 9.30 hours on the next day shall be deemed to have been delivered immediately before 9.30 hours on the second day.
Official search by a purchaser
3
1
A purchaser who has authority to inspect a register may apply for an official search of that register.
2
Where land is subject to a pending first registration application a purchaser who has authority in that behalf given by a person who has applied to be registered as proprietor of, or of a legal charge affecting, such land may apply for an official search in relation to that pending first registration application.
3
An application for an official search shall be made, in the case of registered land, on Form 94A or 94B and, in the case of a pending first registration application, on Form 94A(FR) or 94B(FR) or, in such cases as the registrar specifies, may be made to the like effect otherwise than in documentary form by such means of communication as the registrar may from time to time authorise.
4
The application shall be delivered at the proper office and, if in order, shall be entered on the day list and an official certificate of search shall be issued giving the result of search as at the time and date it is deemed to have been delivered.
5
Where the application is made on Form 94A, 94A(FR), 94B or 94B(FR) it shall, unless the registrar otherwise directs, be delivered in duplicate.
6
Where the application is made otherwise than in documentary form it shall, unless the registrar otherwise directs, include the information specified and in the sequence set out in Schedule 2 to these rules.
7
An official certificate of search of a register shall be issued in Form 94D or may be issued otherwise than in documentary form.
8
An official certificate of search in relation to a pending first registration application shall be issued in Form 94E or may be issued otherwise than in documentary form.
9
An official certificate of search shall include the information specified in Part I, Part II or Part III of Schedule 3 to these rules as the case may require and, where it is issued under paragraph (7) above may, in the discretion of the registrar, be issued by reference to an accompanying office copy of the register.
Inspection of official searches
4
During the priority period —
a
a copy of the application for official search or a visible and legible reproduction of any application otherwise than in documentary form and
b
a copy of the official certificate of search or a visible and legible reproduction of any result issued otherwise than in documentary form
shall be made available for inspection by any person entitled to inspect the register of the title or the pending first registration application concerned.
Priority of applications protected by official searches of registers
5
Where a purchaser has applied for an official search of a register, any entry which is made in the register during the priority period relating to that search shall be postponed to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent on a prior dealing, to a subsequent application to register the instrument effecting that dealing provided each such subsequent application —
a
is deemed to have been delivered at the proper office within the priority period;
b
affects the same land or charge as the postponed entry; and
c
is in due course completed by registration.
Priority of applications protected by official searches relating to pending first registration applications
6
1
Paragraph (2) has effect where, with respect to a purchase of land which is subject to a pending first registration application —
a
the purchaser has applied for an official search in relation to the pending first registration application; and
b
the pending first registration application is subsequently completed by registration of all or any part of the land comprised in that purchase.
2
Any entry made in the register of title to the land pursuant to an application delivered or otherwise made during the priority period of the official search shall be postponed to any entry made pursuant to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent upon a prior dealing, a subsequent application to register the instrument effecting that dealing provided each such subsequent application —
a
is deemed to have been delivered at the proper office within the priority period;
b
affects the same land or charge as the postponed entry; and
c
is in due course completed by registration.
Priority of concurrent official searches
7
1
Where two or more official certificates of search relating to the same land or the same charge have been issued and are in operation pursuant to these rules, such certificates shall, as far as relates to the priority thereby conferred, take effect, unless the applicants otherwise agree, in the order in which the applications for official search were deemed to have been delivered.
2
Where two or more applications for official search relating to the same land or the same charge are deemed to have been delivered at the same time the official certificates of search shall, as far as relates to the priority thereby conferred, take effect in such order as may be agreed by the applicants or, failing agreement, as may be determined under rule 298 of the principal rules.e the official certificates of search shall, as far as relates to the priority thereby conferred, take effect in such order as may be agreed by the applicants or, failing agreement, as may be determined under rule 298 of the principal rules.
3
Where one transaction is dependent upon another the registrar may for the purposes of this rule assume (unless or until the contrary appears) that applicants for search have agreed that their applications shall have priority as between each other so as to give effect to the sequence of the instruments effecting their transactions.
4
Where an official search has been made in respect of a particular registered title and an application relating to that title is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of the delivery of the application shall be deemed to be within that priority period.
5
Where an official search has been made in respect of a particular pending first registration application and a subsequent application relating to any land which is subject to the pending first registration application, or was so subject before completion of the registration of that land, is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of delivery of that subsequent application shall be deemed to be within that priority period.
Search by telephone or telex
8
1
A person having authority to apply for an official search may apply by his solicitor or licensed conveyancer to the proper office by telephone or telex for a search to ascertain whether —
a
in the case of a search of the register, any adverse entry has been made in the register since a given date being either the date of the issue of an office copy of the subsisting entries thereon or the date on which the land or charge certificate was officially examined with the register; and
b
in any case, there is any entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 3 of the Land Registration (Official Searches) Rules 1986 or rule 3 of these rules.
2
Where an application is made by telephone the particulars set out in Part I of Schedule 4 to these rules shall be supplied.
3
An application by telex shall be made in the form set out in Part I of Schedule 5 to these rules.
Result of search by telephone or telex
9
1
Upon receipt of an application by telephone or telex the search shall be made as soon as practicable without regard to any pending applications not yet entered on the day list.
2
Where the result of a search is given by telephone it shall include the information set out in Part II of Schedule 4 to these rules.
3
The result of a search sent by telex shall be in the form set out in Part II of Schedule 5 to these rules.
4
A search made pursuant to this rule shall not be regarded as an official search for the purposes of section 83(3) of the Act or of rule 295 of the principal rules, and shall not confer upon the applicant priority for the registration of any dealing.
Official Search without priority
10
1
A person (not being a purchaser requiring an official search under rule 3 of these rules) who has authority to inspect a register may apply for an official search of that register without priority.
2
The application may be made on form 94C or, in such cases as the registrar specifies, may be made otherwise than in documentary form by such means of communication as the registrar may from time to time authorise.
3
Where the application is made on form 94C it shall, unless the registrar otherwise directs, be delivered in duplicate.
4
Where the application is made otherwise than in documentary form it shall, unless the registrar otherwise directs, include the information specified in and in the sequence set out in Schedule 2 to these rules.
5
The application shall be delivered to the proper office and on completion of the search an official certificate of search shall be issued but such a certificate shall not confer upon the applicant priority for the registration of any dealing and shall so state.
6
Subject to paragraph (7) below the official certificate of search shall be in form 94D or may be issued otherwise than in documentary form and shall include the information specified in Part I or Part III of Schedule 3 to these rules as the case may require.
7
The result of search may in any case, in the discretion of the registrar, be issued by reference to an accompanying office copy of the register.
Certificates of official inspection of filed plan
11
1
A person who has authority to inspect a filed plan may apply for a certificate of inspection of that filed plan.
2
The application may be made on form 101 or, in such cases as the registrar specifies, may be made otherwise than in documentary form by such means of communication as the registrar may from time to time authorise.
3
Where the application is made on form 101 it shall be delivered in duplicate.
4
Where the application is made otherwise than in documentary form, it shall, unless the registrar otherwise directs, include the information specified in and in the sequence set out in Part I of Schedule 6 to these rules.
5
The application shall be delivered to the proper office and on completion of the inspection an official certificate of inspection shall be issued but such a certificate shall not confer upon the applicant priority for the registration of any dealing.
6
The official certificate of inspection shall either be in form 102 or, if issued otherwise than in documentary form, shall include the information specified in Part II of Schedule 6 to these rules.
7
An official inspection of the filed plan made pursuant to an application under these rules shall be regarded as an official search for the purposes of section 83(3) of the Act and rule 295 of the principal rules.
Conditions of use, suspension and limitation of facilities
12
The registrar may impose such conditions as he thinks fit on the use of any facilities authorised by him pursuant to these rules for searches or inspections to be made otherwise than in form 94A, 94A(FR), 94B, 94B(FR), 94C or 101 and may, in his discretion, suspend or limit any such facilities and may likewise suspend or limit the facilities provided by rules 8 and 9 of these rules for searches to be made by telephone or telex.
Revocation
13
The Land Registration (Official Searches) Rules 1986 are hereby revoked.
Mackay of Clashfern, C.
Dated 23rd March 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Residential Care Homes (Amendment) Regulations 1988 and shall come into force on 1st August 1988.
2
In these Regulations “the principal Regulations ” means the Residential Care Homes Regulations 1984 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (fees on application for registration) —
a
in paragraph (1)(a) for the reference to “£100” there shall be substituted a reference to “£155”;
b
in paragraph 1(b) for the reference to “£550” there shall be substituted a reference to “£570”;
c
in paragraph (2) the words “if there are no substantial changes to be made to the home” shall be omitted and for the reference to “£350” there shall be substituted a reference to “£570”.
Amendment of regulation 5 of the principal Regulations
3
In regulation 5(1) of the principal Regulations (annual fee) for the reference to “£15” there shall be substituted a reference to “£28”.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9 of the principal Regulations (conduct of homes) after paragraph (3) there shall be inserted the following paragraph —
4
The person registered shall ensure that corporal punishment is not used as a sanction in relation to any child in the home.
.
Amendment of regulation 18 of the principal Regulations
5
In regulation 18(1) of the principal Regulations (inspection of homes) for the word “once” there shall be substituted the word “twice”.
Amendment of Schedule 2 to the principal Regulations
6
In paragraph 17 of Schedule 2 (Records to be kept in a home) of the principal Regulations after the words “deposited by a resident for safekeeping” there shall be inserted the words “or received on the resident’s behalf” and after the words “valuables were deposited” there shall be inserted the words “or received”.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
11th July 1988


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Compensation Order 1988 and shall come into force on 8th August 1988.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with bovine spongiform encephalopathy;
“average price” means a price calculated from the information referred to in paragraph 1 of the Schedule to this Order and in accordance with paragraph 2 of that Schedule;
“bovine animal” means a bull, cow, steer, heifer or calf;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“month” means any one of the twelve months of the year;
“return” means a document furnished to the Minister by the person or persons operating a market at a place listed in paragraph 1 of Schedule 2 to this Order which shows for a month the number of bovine animals sold at that market and the total sale price therefor;
“suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.
Compensation for bovine animals slaughtered for bovine spongiform encephalopathy
3
1
Where the Minister causes an affected animal or a suspected animal to be slaughtered under the powers conferred on him by section 32(1) of the Act in its application to bovine spongiform encephalopathy( ) the compensation payable by him shall, subject to paragraph (2) below, be an amount equal to 50 per cent of either —
a
the market value of the animal; or
b
125 per cent of the average price in respect of the month which occurred two months prior to the month in which the market value of the animal was determined in accordance with paragraph (3) below, rounded down to the nearest multiple of £2,
whichever is the less.
2
Where the Minister causes an affected or suspected animal to be slaughtered and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal does not confirm that it was an affected animal the compensation payable by the Minister shall be an amount equal to either —
a
the market value of the animal; or
b
125 per cent of the average price in respect of the month which occurred two months prior to the month in which the market value of the animal was determined in accordance with paragraph (3) below, rounded down to the nearest multiple of £2,
whichever is the less.
3
a
Notwithstanding the provisions of articles 3 and 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959( ) the market value of a bovine animal which the Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined —
i
by agreement between the Minister and the owner of the animal, or
ii
by one valuer appointed jointly by the Minister and the said owner, or
iii
failing such agreement or appointment, by a valuer nominated by the President of the Royal Institute of Chartered Surveyors.
b
A valuer appointed or nominated under sub-paragraph (a)(ii) or (iii) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.
c
For the purpose of obtaining an agreement under sub-paragraph (a)(i) above the Minister may employ a valuer to agree the market value.
d
In this paragraph a reference to a valuer shall be construed as a reference to an individual, and not to a company or firm or to two or more persons jointly.
4
For the purposes of this article, the market value of a bovine animal is the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected or a suspected animal.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
26th July 1988
Peter Walker
Secretary of State for Wales
28th July 1988
We approve,
David Lightbown
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1988


text:
1
These Rules may be cited as the European Parliamentary Election Petition (Amendment) Rules 1988, and shall come into force on 2nd May 1988.
2
The European Parliamentary Election Petition Rules 1979 (“the principal Rules”) shall be amended as follows.
1
In Rule 2(1) of the principal Rules (definition of “the Act”) for the words “Representation of the People Act 1949” there shall be substituted the words “Representation of the People Act 1983”.
2
For Rules 5 and 6 of the principal Rules there shall be substituted the following Rules:
5
1
Within three days after the presentation of the petition the petitioner shall apply ex parte by summons to a master to fix the amount of security for costs which he is to give pursuant to section 136 of the Act.
2
A recognisance as security for costs shall be acknowledged before a person authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891 or the Solicitors Act 1974, and shall be filed forthwith after being acknowledged.
3
The recognisance shall be accompanied by an affidavit sworn by each surety and stating that after payment of all his debts he is worth a sum not less than that for which he is bound by his recognisance.
6
1
Within five days after giving the security the petitioner shall serve on the respondent within the meaning of section 121(2) of the Act and on the Director of Public Prosecutions a notice of the presentation of the petition and of the nature and amount of the security which he has given, together with a copy of the petition and of the affidavit accompanying any recognisance.
2
Service shall be effected in the manner in which a writ of summons is served and an affidavit of service shall be filed as soon as practicable after service has been effected.
.
3
Rule 7(1) of the principal Rules shall be amended by substituting for the words “within five days” the words “within fourteen days” and for the words “Rule 5” the words “Rule 6”.
4
Rule 18(1) of the principal Rules shall be amended by substituting for the words “prescribed by Rule 7” the words “prescribed by Rules 5, 6 or 7”.
5
The Rules of the principal Rules cited in the first column of the Schedule to these Rules shall be amended by omitting the words in the second column and by substituting the words in the third column.
Mackay of Clashfern, C.,
Lane, C.J.,
Donaldson of Lymington, M.R.,
Stephen Brown, P.,
Nicolas Browne-Wilkinson, V-C.,
Dillon, L.J.,
Hirst, J.,
Steyn, J.,
R. J. P. Aitkens
Michael S. Howells
Harvey M. Crush
16th March 1988


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


text:
1
1
This Order may be cited as the Immigration (Restricted Right of Appeal against Deportation) (Exemption) (No. 2) Order 1988 and shall come into force on 1st August 1988.
2
The Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1988 is hereby revoked.
2
Subject only to article 3 below, the following persons shall be exempt from section 5(1) of the Immigration Act 1988 —
a
any person who claims that his deportation would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol thereto (“the Refugee Convention”); and
b
any person who would have been last given leave to enter the United Kingdom seven years or more before the date of the decision to make a deportation order against him but for his having obtained a subsequent leave after an absence from the United Kingdom within the period limited for the duration of the earlier leave where, by virtue of section 3(3)(b) of the Immigration Act 1971 , the limitation on and any conditions attached to the earlier leave apply to the subsequent leave.
3
A person who is exempt from section 5(1) by virtue of article 2(a) above may appeal under section 15 of the Immigration Act 1971 against a decision to make a deportation order against him only if the appeal is on the ground that: —
a
on the facts of his case there is in law no power to make a deportation order for the reasons stated in the notice of the decision; or
b
his deportation would be contrary to the United Kingdom’s obligations under the Refugee Convention.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
12th July 1988