text:
Citation and commencement
1
1
This Order may be cited as the Cumbria and Lancashire (County Boundaries) Order 1988.
2
This Order shall come into force on 12th January 1989 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1989.
Interpretation
2
In this Order “boundary map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the Cumbria and Lancashire (County Boundaries) Order 1988”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Lancashire to Cumbria
3
1
The part of the county of Lancashire, the City of Lancaster and the parish of Priest Hutton which is marked A2 on boundary map 1 shall be transferred to —
a
the county of Cumbria and the Crooklands electoral division of that county;
b
the district of South Lakeland and the Burton and Holme ward of that district;
c
the parish of Burton-in-Kendal;
d
the Kendal and Lonsdale petty sessional division;
e
the Southern Cumbria Coroner’s district.
2
That part of the county of Lancashire, the City of Lancaster and the parish of Burrow-with-Burrow which is marked A5 on boundary map 3 shall be transferred to —
a
the county of Cumbria and the Sedbergh and Kirkby Lonsdale electoral division of that county;
b
the district of South Lakeland and the Kirkby Lonsdale ward of that district;
c
the parish of Casterton;
d
the Kendal and Lonsdale petty sessional division;
e
the Southern Cumbria Coroner’s district.
Transfers from Cumbria to Lancashire
4
1
The parts of the county of Cumbria, the district of South Lakeland and the parish of Burton-in-Kendal which are marked A1 and A3 on boundary maps 1 and 2 shall be transferred to —
a
the county of Lancashire and the Lancaster Rural North electoral division of that county;
b
the City of Lancaster and the Kellet ward of that City;
c
the parish of Priest Hutton;
d
the Lancaster petty sessional division;
e
the North Lancashire Coroner’s district.
2
The part of the county of Cumbria, the district of South Lakeland and the parish of Casterton which is marked A4 on boundary map 3 shall be transferred to —
a
the county of Lancashire and the Lancaster Rural North electoral division of that county;
b
the City of Lancaster and the Arkholme ward of that City;
c
the parish of Burrow-with-Burrow;
d
the Lancaster petty sessional division;
e
the North Lancashire Coroner’s district.
Town and country planning
5
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a localplan made or adopted by a county or district council which apply immediately before1st April 1989 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by authority of the Secretary of State
Virginia Bottomley
Parliamentary Under Secretary of State,
Department of the Environment
12th December 1988


type: legislation

jurisdiction: UK

text:
Citation, commencement and introduction
1
These Regulations may be cited as the Road Vehicles (Excise) (Prescribed Particulars) (Amendment) Regulations 1988 and shall come into force on 1st June 1988.
2
The Road Vehicles (Excise) (Prescribed Particulars) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to vehicles used for carrying or drawing exceptional loads
3
1
Regulation 3 shall be renumbered as paragraph (1) of that regulation and after that provision as so renumbered there shall be inserted the following new paragraphs —
2
In Schedule 1 to these Regulations “ Vehicles mentioned in regulation 3(2) of these Regulations ” means vehicles —
a
which are heavy motor cars used for the carriage of exceptional loads; or
b
which are heavy locomotives, light locomotives or motor tractors used to draw trailers carrying such loads,
and which, when so used, are authorised for use on roads by virtue of an order under section 42 of the Road Traffic Act 1972 .
3
In this regulation —
“exceptional load” means a load which —
a
by reason of its dimensions, cannot be carried by a heavy motor car or trailer, or a combination of a heavy motor car and trailer, which (in either case) complies in all respects with requirements of regulations under section 40 of the Road Traffic Act 1972; or
b
by reason of its weight, cannot be carried by a heavy motor car or trailer, or a combination of a heavy motor car and trailer, which (in either case) has a total laden weight of not more than the specified amount and complies in all respect with such requirements;
“specified amount” means —
a
in relation to any time before 1st October 1989, 32,520 kilograms;
b
in relation to any time on or after that date, 38,000 kilograms;
and other expressions which are also used in the Road Traffic Act 1972 have the same meanings as in that Act.
.
2
In Schedule 1, after the entry numbered 9, there shall be inserted the new entry numbered 9A set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State
Department of Transport
9th May 1988


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Amendment of Sheriff Court Ordinary Cause, and Summary Cause, Rules) 1988 and shall come into force on 30th November 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
AMENDMENT OF ORDINARY CAUSE RULES
2
The Ordinary Cause Rules of the Sheriff Court shall be amended in accordance with paragraphs 3 to 18 of this Act of Sederunt.
3
For rule 2 (application of rules to solicitors) substitute the following rule: —
Representation
2
1
Subject to paragraph (2) of this rule, a party to any proceedings arising solely under the provisions of the Debtors (Scotland) Act 1987 shall be entitled to be represented by a person other than a solicitor or an advocate provided that the sheriff is satisfied that such person is a suitable representative and is duly authorised to represent the party.
2
Paragraph (1) shall not apply to appeals to the sheriff principal.
3
Where a party to any cause is represented by a solicitor, any reference in the rules to that party shall, where appropriate, be construed as a reference to the solicitor representing that party.
.
4
1
For paragraph (4) of rule 3 (initial writ), substitute the following paragraph: —
4
An article of condescendence shall be included in the initial writ stating the ground of jurisdiction of the court.
.
2
In paragraphs (6) and (7) of rule 3 , for the words “paragraph (2)” wherever they occur substitute the words “paragraph (5)”.
5
1
In paragraph (1) of rule 5 (warrant of citation) , after the words “and of separation” insert the words “or an action in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for by the defender”.
2
In paragraph (3) of rule 5, for the word “in” where it first occurs, substitute the words “subject to paragraph (4), in”.
3
At the end of rule 5, insert the following paragraphs: —
4
In a summary application in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for by the defender, the warrant of citation shall be framed as nearly as may be in accordance with form B3 as set out in the Appendix to this Schedule.
5
In an ordinary cause in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for by the defender, the warrant of citation shall be framed as nearly as may be in accordance with form B4 as set out in the Appendix to this Schedule.
6
In any cause in which warrant for citation in accordance with forms B3 or B4, as the case may be, is appropriate, there shall be served on the defender (along with the initial writ and warrant) a notice in accordance with form B5 (ordinary action) or B6 (summary application), as the case may be, as set out in the Appendix to this Schedule.
.
6
In rule 7(1) (period of notice after citation), for sub-paragraphs (a) and (b) substitute the following sub-paragraph: —
a
21 days where the defender is resident or has a place of business within Europe;
;and sub-paragraph (c) shall be relettered as sub-paragraph (b).
7
1
In paragraph (1) of rule 9 (form of citation and certificate) , after the words “or of separation” insert the words “or an action in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for by the defender”.
2
After paragraph (2) of rule 9 insert the following paragraph: —
2A
In any ordinary cause in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for by the defender, citation shall be given as nearly as may be in accordance with form C2 as set out in the Appendix to this Schedule which shall be prefixed to a copy of the initial writ and warrant of citation.
.
8
For rule 13 (days of charge), substitute the following rule: —
13
1
The period for payment specified in any charge following on a decree for payment granted in an ordinary cause shall be 14 days if the person on whom it is served is within the United Kingdom and 28 days if he is outside the United Kingdom or his whereabouts are unknown.
2
The period in respect of any other form of charge in respect of an ordinary cause decree shall be 14 days.
.
9
In rule 21(1)(a) (minute for granting of decree without attendance) , after the words “minute under rule 34” insert the words “or an application for a time to pay direction under the Debtors (Scotland) Act 1987 or if the defender has lodged such application and the pursuer does not object thereto or to any recall or restriction of an arrestment sought therin.”.
10
After rule 21A (decree in causes in which the Hague Convention applies) , insert the following rules: —
Applications for time to pay directions in undefended causes
21B
1
This rule applies to ordinary causes in which a time to pay direction may be applied for under the Debtors (Scotland) Act 1987.
2
A defender in a cause which is otherwise undefended, who wishes to apply for a time to pay direction, and where appropriate, to have an arrestment recalled or restricted, may complete and lodge with the sheriff clerk the relevant part of form B5 before the expiry of the period of notice.
3
Where the pursuer does not object to the defender’s application, he shall minute accordingly and for decree in accordance with rule 21; and the sheriff may grant decree or other order in terms of the application and minute.
4
Where the pursuer objects to the defender’s application he shall minute accordingly and for decree in terms of rule 21; and the sheriff clerk shall thereafter enrol the cause for hearing of the defender’s application and intimate the hearing to the defender and pursuer.
5
The sheriff shall consider the application on the date fixed for hearing or at any continuation thereof and may then or after further consideration grant or refuse it as may seem to him appropriate whether or not any of the parties appear and grant decree accordingly.
Applications for time to pay directions in summary applications
21C
1
This rule applies in summary applications in which a time to pay direction may be applied for under the Debtors (Scotland) Act 1987.
2
A defender may apply for a time to pay direction and, where appropriate, for recall or restriction of an arrestment —
a
by appearing and making the appropriate motion at the diet fixed;
b
except where the period of notice has been shortened in accordance with rule 7(2), by completing and returning to the sheriff clerk at least 7 days before the diet fixed for hearing the appropriate portion of form B6; or
c
by application to the court at any stage in the proceedings prior to final decree being granted.
.
11
After rule 57 (motions), insert the following rule: —
Applications for time to pay directions and for recall or restriction of arrestments in defended causes
57A
In any defended cause in which it is competent to do so, the sheriff may, on a motion by the defender at any time before decree is granted, grant a time to pay direction and, where appropriate, an order recalling or restricting an arrestment.
.
12
In rule 64(1)(c) (amendment of pleadings: powers of sheriff), after the words “defences or answers must be lodged” insert the words —
; provided that in any case in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for by the defender a notice in terms of form HH as set out in the Appendix to this Schedule together with form B5 shall be served on such additional or substitute defender in place of form H
.
13
For paragraph (2) of rule 92 (application for leave to appeal and appeal therefrom), substitute the following paragraphs: —
2
Where leave to appeal has been granted, an appeal shall be made —
a
where the appeal relates to a time to pay direction or any order connected therewith, within 14 days; or
b
in any other case, within 7 days,
of the granting of leave.
3
An application for leave to appeal relating to a time to pay direction or the recall or restriction of an arrestment shall specify the question of law upon which the appeal is to proceed.
.
14
In rule 99 (actions craving payment of rent) —
a
after “99”, insert “(1)”; and
b
after paragraph (1), insert the following paragraph: —
2
There shall be served on the defender in such actions, along with the initial writ, warrant and citation, a notice in accordance with form H8 as set out in the Appendix to the Schedule.
.
15
In paragraph (11)(a) of rule 130 (intimation) , for “14”, substitute “21”.
16
1
In paragraph (6) of rule 138 (citation, for sub-paragraphs (a) and (b), substitute the following sub-paragraph: —
a
21 days when the defender is resident or has a place of business within Europe
; and sub-paragraph (c) shall be relettered as sub-paragraph (b).
2
In paragraph (9)(a) of rule 138 for “14” substitute “21”.
17
In paragraph (2) of rule 147 (applications for interim payment of damages), for “14” substitute “21”.
18
1
The Appendix to the Ordinary Cause Rules shall be amended in accordance with the following sub-paragraphs.
2
In forms CC, C1, H1 to H7, S, S1, V1, V2 and SDA7 , for “14” wherever they occur substitute “21”.
3
In form D after the word “actions” insert the following words: —
in which a time to pay direction may be applied for set forth any form sent in accordance with rule 5 and in actions
.
4
There shall be inserted forms B3, B4, B5, B6, C2, HH and H8 as set out in Schedule 1 to this Act of Sederunt.
AMENDMENT OF SUMMARY CAUSE RULES
19
The Summary Cause Rules of the Sheriff Court shall be amended in accordance with paragraphs 20 to 35 of this Act of Sederunt.
20
Paragraph (4) of rule 2 (statement of claim) shall be omitted.
21
In paragraph (1) of rule 4 (period of notice after citation) , for sub-paragraphs (a) and (b) substitute the following sub-paragraph: —
a
21 days when the defender is resident or has a place of business within Europe;
and sub-paragraph (c) shall be relettered as paragraph (b).
22
In rule 15 (return of summons) , for the words “rules 51 to 55” substitute the words “rules 50 to 55”.
23
After paragraph (2) of rule 17 (representation), insert the following paragraph: —
3
A party to any proceedings under the Debtors (Scotland) Act 1987, other than appeals to the sheriff principal, shall be entitled to be represented at any stage of such proceedings by a person other than a solicitor or an advocate provided that the sheriff is satisfied that such person is a suitable representative and is duly authorised to represent the party.
.
24
After rule 17, insert the following rule: —
Applications for time to pay directions
17A
1
This rule applies to summary causes, other than causes regulated by rules 50 to 55, in which a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) under the Debtors (Scotland) Act 1987 may be applied for.
2
Where a time to pay direction may be applied for by a defender, the pursuer shall serve on the defender a notice in accordance with form Bb together with the summons.
3
A defender may apply for a time to pay direction, and, where appropriate, for an order recalling or restricting an arrestment, by —
a
appearing at the first calling of the cause and making the appropriate motion;
b
except when the period of notice has been reduced under rule 4(2), completing and returning to the sheriff clerk to arrive at least 7 days before the first calling the appropriate portion of form Bb; or
c
written or oral application to the court at any other stage prior to final decree being granted.
.
25
1
In paragraph (1) of rule 18 (first calling), after the word “action” insert the words “or, where competent, to apply for a time to pay direction”.
2
In paragraph (2) of rule 18, after the word “party” insert the words “or where there has been an application for a time to pay direction which has been objected to”.
3
In paragraph (3) of rule 18, reletter sub-paragraph (c) as sub-paragraph (d) and insert after sub-paragraph (b) the following sub-paragraph: —
c
where a time to pay direction has been applied for by the defender; or
.
26
For rules 50 (actions for payment of money-general) and 50A (service document), substitute the following rules: —
General
50
1
All actions for payment of money (as defined by section 35(1)(a) of the Act of 1971) in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for shall, subject to rule 56, be proceeded with in accordance with rules 51 to 55.
2
All actions for payment of money (as defined by section 35(1)(a) of the Act of 1971) in which a time to pay direction may not be applied for shall, subject to rule 56, be proceeded with in accordance with rules 51, 53 and 55.
3
In an action to which paragraph (1) applies, in place of a summons or service copy summons a service document in Form Aa together with form Q shall be served on the defender.
4
In an action to which paragraph (2) applies, in place of a summons or service copy summons a service document in Form Aa together with form R shall be served on the defender.
5
Any reference in Part 1 of these rules and in the forms annexed to these rules to a summons or a copy summons being served shall, in relation to actions to which paragraph (1) or (2) applies, be construed as a reference to service of such service documents and forms as are mentioned in paragraph (3) or (4), as the case may be.
.
27
For rules 51 (notice of intention to appear) and 52 (notice of offer to pay) substitute the following rule: —
Notice of intention to appear
51
Where a defender intends —
a
to challenge the jurisdiction of the court;
b
to defend the action;
c
to dispute the amount of the claim; or
d
where he admits the claim, to make an oral application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment),
he shall lodge a notice of intention to appear, in accordance with form Q or R, as the case may be, on or before the return day being the last day specified in such form for the return to the sheriff clerk of the notice of intention to appear.
Applications in writing for time to pay directions etc
52
Where a defender admits the claim and does not intend to appear, he may make an application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) by completing the appropriate part of form Q and lodging it on or before the return day referred to in rule 51.
.
28
For paragraph (2) of rule 53 (first calling), substitute the following paragraphs: —
2
A first calling of a cause shall be held only where a notice of intention to appear has been lodged or an application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) has been lodged and the pursuer has not minuted in terms of rule 54.
3
The procedure at the first calling under paragraph (2) and any subsequent procedure shall be in accordance with Part I of these rules.
4
At the first calling or at any continuation thereof the court shall consider any application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) whether or not the defender is present or represented.
5
In any defended cause in which it is competent to do so, the sheriff may, on a written or oral application by the defender at any time before decree is granted, grant a time to pay direction and, where appropriate, an order recalling or restricting an arrestment.
.
29
For rule 54 (acceptance of written offer to pay by instalments), substitute the following rule: —
Consent to proposals for payment
54
Where an application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) has been lodged in accordance with rule 52, the cause shall not be called in court if before the date specified in the summons for the first calling the pursuer enters a minute in the Book of Summary Causes intimating that he does not object to the application; and thereafter the court may grant decree accordingly.
.
30
In paragraph (1) of rule 55 (no notice by defender) for the words “a notice of offer to pay by instalments” substitute the words “an application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment)”.
31
In rule 73(2) (appraisal, inventory and execution of citation), after the word “appraisal” insert the words “and a notice in accordance with form W”.
32
After rule 85, insert the following rule: —
Appeal in relation to a time to pay direction
85A
1
This rule applies to appeals to the sheriff principal or to the Court of Session which relate solely to any application in connection with a time to pay direction.
2
Rules 81, 81A, 82, 83(2) and 84 shall not apply to appeals under this rule.
3
An application for leave to appeal against a decision in an application for a time to pay direction or any order connected therewith shall be made in writing, within 7 days of that decision, to the sheriff who made the decision and shall specify the question of law upon which the appeal is to proceed.
4
Where leave to appeal is granted, the appeal shall be lodged and intimated by the appellant to the other party within 14 days of the order granting leave and the sheriff shall state in writing his reasons for his original decision.
5
An appeal to the sheriff principal shall proceed in accordance with paragraphs (1), (3) and (4) or rule 83.
6
In an appeal to the Court of Session from the sheriff or the sheriff principal —
a
there shall be specified in the appeal the name and address of the solicitor in Edinburgh who will be acting for the appellant; and
b
the sheriff clerk shall transmit within 4 days to the Deputy Principal Clerk of Session —
i
all documents and productions in the case;
ii
a certified copy of the final decree;
iii
the application for leave to appeal and the decision thereon;
iv
the note of appeal;
v
the sheriff’s statement of reasons and, where appropriate, the sheriff principal’s decision,
all of which shall be deemed to be the sheriff court process.
7
Within the period of 4 days mentioned in paragraph (6)(b), the sheriff clerk shall send written notice of the appeal to the other party and a certificate of intimation of written notice of the appeal shall be appended by him to the note of appeal.
.
33
For rule 91 (charge), substitute the following rule: —
Charge
91
1
The period for payment specified in any charge following on a decree for payment granted in summary cause shall be —
a
14 days if the person on whom it is served is within the United Kingdom; and
b
28 days if he is outside the United Kingdom or his whereabouts are unknown.
2
The period in respect of any other form of charge on a summary cause decree shall be 14 days.
.
34
In rule 92 (applications in the same cause for variation, etc, of decree), at the end, insert the following paragraph: —
5
This rule shall not apply to any proceedings under the Debtors (Scotland) Act 1987 or to proceedings which may be subject to the provisions of that Act.
.
35
1
The Appendix to the Summary Cause Rules shall be amended in accordance with the following sub-paragraphs.
2
In form A —
a
for the words “14 days” substitute the words “21 days”; and
b
after the words “The pursuer is authorised to serve a service document”, insert the words “together with (insert as appropriate form Q or form R)”.
3
In form Aa —
a
for the words “Form Q” substitute the words “(insert as appropriate form Q or form R)”; and
b
after the words “The pursuer has been authorised by the court to serve this document”, insert the words “together with (insert as appropriate form Q or form R)”.
4
In forms B, G, H and I, after the words “The pursuer is hereby authorised to serve a copy of this summons”, insert the words “(insert as appropriate — together with form Bb)”.
5
The notes (1), (2) and (3) in form J shall be omitted.
6
For form Q substitute the form Q as set out in Schedule 2 to this Act of Sederunt.
7
For form U2 substitute the forms U2 and U2A as set out in Schedule 2 to this Act of Sederunt.
8
There shall be inserted forms Bb, R and W as set out in Schedule 2 to this Act of Sederunt.
MISCELLANEOUS
Consequential amendment
36
In paragraph 5 of the Act of Sederunt (Ordinary Cause Rules, Sheriff Court) 1983 for the words
Emslie
Lord President, IPD
Edinburgh
10th November 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sutton District Water Order 1988 and shall come into force on 21st June 1988.
2
The Sutton District Water Acts and Orders 1871 to 1985 and this Order may be cited together as the Sutton District Water Acts and Orders 1871 to 1988.
3
In this Order —
“the Company” means the Sutton District Water Company;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.
Modification of provisions of Third Schedule
2
1
Section 75 of the Third Schedule (which requires shares and stock of the Company to be offered for sale by auction or tender) as applied to the undertaking by the Sutton District Water Order 1963 and modified in its application by the Sutton District Water Order 1971 shall be further modified to have effect as if at the end of that section there were added the following subsections: —
5
Nothing in this section shall preclude the undertakers from offering stock for subscription to employees of the undertakers and to consumers of water supplied by the undertakers or to one or other of these classes of person and the undertakers may so offer any stock which they may for the time being be authorised to issue.
6
The undertakers may pay a commission to any person in consideration of his subscribing or agreeing to subscribe whether absolutely or conditionally for any stock offered for sale by the undertakers or for his procuring or agreeing to procure subscriptions whether absolute or conditional for such stock:
Provided that —
a
the payment of the commission and the amount or rate per centum of the commission paid or agreed to be paid shall be disclosed in every prospectus, advertisement or other document of the undertakers relating to the offer for sale of the stock; and
b
nothing in this section contained shall affect any power of the undertakers to pay brokerage.
7
In this section “stock” includes “share”.
.
2
Section 76 of the Third Schedule (which provides for the establishment of reserve and contingency funds) as applied to the undertaking with modifications by the Sutton District Water Order 1963 shall be further modified to have effect as if in subsection (1) there were inserted after the words “as they think fit” the words “(not being provisions for liabilities or charges within paragraph 89 of Schedule 4 to the Companies Act 1985 )”.
3
Section 77 of the Third Schedule (which places a limitation on the balance carried forward at the end of the year) as applied to the undertaking by the Sutton District Water Order 1963 shall have effect as if after the word “dividend” in paragraph (a) and after the word “dividends” in paragraph (c) there were inserted the words “together with the advance corporation tax associated therewith.”.
Capital and borrowing powers
3
For section 4 of the Sutton District Water Order 1983 (capital and borrowing powers) there shall be substituted the following section —
4
1
The Company may raise capital by —
a
the issue of shares;
b
borrowing on mortgage of the undertaking;
c
the issue of debenture stock.
2
Any sums to be raised in accordance with subsection (1), when added to —
a
the sums raised by the issue of existing share capital before the relevant date; and
b
other amounts raised by borrowing on mortgage or the issue of debenture stock and still outstanding on that date;
shall not exceed £18 million.
3
Subject to subsection (4), the Company shall take such steps as may be necessary to ensure that the amounts raised as mentioned in paragraphs (b) and (c) of subsection (1) which are at any time outstanding do not exceed twice the aggregate of —
a
the sums raised by the issue of existing share capital; and
b
the amount of the Company’s reserves.
4
With the consent of the Secretary of State, the Company may raise an additional amount as mentioned in paragraphs (b) and (c) of subsection (1) not exceeding ten per cent. of the total on the relevant date of the sums and amount specified in paragraphs (a) and (b) of subsection (3).
5
For the purpose of this section —
a
the amount raised by the issue of share capital or debenture stock is the amount raised after taking into account any premiums or discounts; and
b
in the case of any share capital or debenture stock issue for a consideration other than cash the nominal value shall be taken to have been the amount raised by that issue.
6
The Company’s powers of borrowing may be exercised without obtaining a certificate of a justice under section 40 of the Companies Clauses Consolidation Act 1845 .
7
The Company may raise sums under subsection (1)(a) by the issue of new ordinary shares or stock or new preference shares or stock or, at the Company’s option, by any of those methods.
8
The Company shall not pay interest on any moneys borrowed or debenture stock issued under this section at a higher rate than seven per cent. per annum or such higher rate as the Secretary of State may from time to time allow:
Provided that the consent of the Secretary of State shall not be required to the payment of interest on moneys borrowed by the Company on mortgage of the undertaking or by the issue of debenture stock at a rate higher than seven per cent. per annum if the rate is a fixed rate and is certified to the Company as being appropriate in the circumstances of the case by —
a
the firm of stockbrokers, being members of a recognised stock exchange as defined in section 16(1) of the Company Securities (Insider Dealing) Act 1985 , or the bankers who placed the mortgage or placed or underwrote the issue of debenture stock; or
b
in the case of the raising of money on mortgage, an accountant or firm of accountants being either the duly appointed auditor or auditors of the Company or a person qualified to be so appointed.
9
The directors of the Company may, without further authorisation, raise the same amount of share capital as they were authorised to raise, but which they had not so raised before the coming into force of this Order.
10
In this section —
“the Company’s reserves” means the aggregate of any of the following amounts appearing in the Company’s last audited balance sheet —
a
any capital reserve;
b
any sum carried forward in accordance with section 77 of the Third Schedule to the Water Act 1945; and
c
any amounts standing to the credit of any reserve or contingency fund established and maintained in accordance with section 76 of that Schedule;
“the relevant date” means the date on which the Company exercise the powers mentioned in subsection (1).
.
Further amendment of Sutton District Water Order 1983
4
1
In subsection (1) of section 5 of the Sutton District Water Order 1983 (maximum rates of dividend) for the words “the commencement of this order”, wherever they occur there shall be substituted the words “21st June 1988”.
2
In section 6 of the Sutton District Water Order 1983 (temporary borrowing) for the words “five hundred thousand pounds” there shall be substituted the words “one million pounds”.
Minimum number of directors
5
In section 34 of the Sutton District Waterworks Act 1871 (number of directors) for the word “five” there shall be substituted the word “three”.
Closing of transfer books
6
1
The directors of the Company may close a relevant register for a period or periods not exceeding 30 days in any calendar year.
2
Any transfer lodged for registration after a relevant register has been closed shall as between the Company and any person claiming under the transfer be treated as having been made immediately after the next payment of any dividend, interim dividend or interest as the case may be.
3
Notwithstanding its incorporation with the Sutton District Water Acts and Orders 1871 to 1985, section 17 of the Companies Clauses Consolidation Act 1845 (closing of transfer books) shall cease to apply to the Company.
4
“Relevant register” means a register of transfers of any class of ordinary or preference stock, debentures, debenture stock or mortgages.
Repeal
7
Section 11 of the Sutton District Waterworks Act 1929 (Provisions as to sale of stock &c. and payments of commission) is hereby repealed.
Application of section 94 of the Third Schedule
8
For the purpose of this Order, section 94 of the Third Schedule (which requires undertakers to keep a copy of the special Act at their principal office and to deposit copies with certain officers) shall apply to the undertaking and is hereby incorporated with this Order.
Costs of Order
9
The costs, charges and expenses of and incidental to the application for and the preparation and making of this Order shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
20th June 1988


text:
Citation and commencement
1
This Order may be cited as the National Health Service (Constitution of District Health Authority) Order 1988 and shall come into force on 1st April 1988.
Abolition of authorities
2
1
The District Health Authorities known as Paddington and North Kensington Health Authority and Brent Health Authority are hereby abolished.
2
Accordingly in Part 5 of Schedule 2 to the National Health Service (Constitution of District Health Authorities) Order 1981( ) the entries in column (1) “Brent” and “Paddington and North Kensington”, and any entries in columns (2) to (10) relating to them, shall be omitted.
Establishment and name of new aut;hority
3
There is hereby established for Parkside District specified in Part I of Schedule 2 to the National Health Service (Determination of Districts) Order 1981( ) a District Health Authority which shall be known by the name of “Parkside Health Authority”.
Membership of new authority
4
1
In addition to a chairman appointed by the Secretary of State, Parkside Health Authority shall consist of 18 members appointed in accordance with part I of Schedule 5 to the National Health Service Act 1977 and the following provisions of this Order.
2
Of those 18 members —
a
2 shall be appointed by the North West Thames Regional Health Authority on the nomination of the University of London which is associated with the provision of health services in that authority’s region;
b
11 shall be appointed by the North West Thames Regional Health Authority;
c
5 shall be appointed by local authorities of which 2 shall be appointed by the Brent London Borough Council, 1 by the Kensington and Chelsea Royal Borough Council, 1 by the Westminster City Council and 1 by the Inner London Education Authority.
Signed by authority of the Secretary of State for Social Services.
Edwina Currie
Parliamentary Under-Secretary of State
Department of Health and Social Security.
7th March 1988.


text:
Citation and commencement
1
1
This Order may be cited as the Newcastle and Gateshead Water Order 1988 and shall come into force on 12th January 1988.
2
The Newcastle and Gateshead Water Acts and Orders 1863 to 1983 and this Order may be cited together as the Newcastle and Gateshead Water Acts and Orders 1863 to 1988.
Interpretation
2
In this Order —
“ the Company ” means the Newcastle and Gateshead Water Company;
“the 1982 Order ” means the Newcastle and Gateshead Water (Consolidation, etc. ) Order 1982( );
“the Third Schedule ” means the Third Schedule to the Water Act 1945;
“the undertaking” means the undertaking of the Company as from time to time authorised.
Appointment of proxies
3
Notwithstanding anything in the Companies Clauses Consolidation Act 1845( ) —
a
a proxy appointed to vote for or on behalf of a member of the Company need not himself be a shareholder;
b
the attorney of any member duly authorised in writing or, in the case of a corporation, an officer or attorney so authorised, may appoint a proxy to vote for and on behalf of the member and for that purpose may execute on behalf of the member the necessary form of proxy:
Provided that, except in cases where the instrument appointing the attorney shall have been previously registered with the Company, the said instrument (or a copy which complies with the requirements of section 3 of the Powers of Attorney Act 1971( ) (Proof of instruments creating powers of attorney)) shall be transmitted to the Secretary of the Company at the same time as the instrument appointing the proxy.
Making and dates for payment of water rates
4
For section 55( ) (Making and dates for payment of water rates) of the Third Schedule there shall be substituted the following sections —
55
1
Undertakers who charge water rates under the special Act shall make such a rate by fixing, in respect of a period of twelve months commencing on either the first day of January, the first day of April, the first day of July or the first day of October (hereinafter called “the relevant period”), the rate-poundage or, as the case may be, the scale of rate-poundages, by reference to which amounts due under the rate are to be calculated.
2
Any rate made in respect of a relevant period shall be payable in respect of any premises by one of the following methods, namely —
a
by equal half-yearly instalments on such dates within the first and seventh months of a relevant period as the undertakers may specify; or
b
if the undertakers so resolve, and the person who is liable to pay the water rate in respect of the premises so elects —
i
a single payment on or before such date within the relevant period as the undertakers may specify;
ii
subject to subsection (10), not more than ten equal instalments at intervals of not less than one month on such dates within the relevant period as the undertakers may specify.
3
A water rate made in respect of a relevant period shall, unless and until a new rate is made under subsection (1), continue to have effect in respect of each successive period of twelve months.
4
If the person who is, or who, but for the provisions of section 54 above, would be, liable to pay any water rate is in occupation of premises for part only of a relevant period, that person or, as the case may be, the owner of the premises, shall be liable to pay a due proportion of the rate calculated at a daily rate in respect of any period of occupation.
5
If, and so long as, any water rate is payable by half-yearly instalments, no proceedings shall be commenced for the recovery of any such instalment until the expiration of two months from the first day of the half-year in respect of which it has been demanded.
6
Subject to subsections (4) and (5), where a person receives a supply of water to any premises, either for the first time or after a discontinuance of supply, he shall be liable to pay any instalment or amount due in respect of the water rate on the day on which notice requiring the supply is given to the undertakers or, if no such notice is given, on the day when they commence the supply.
7
A person who elects to pay a water rate in instalments in accordance with subsection (2)(b)(ii) shall give notice to that effect to the undertakers on or before such date within the relevant period as the undertakers may specify.
8
Subject to subsection (9) a notice mentioned in subsection (7) shall continue to have effect in each subsequent relevant period until withdrawn by a further notice to the undertakers.
9
A notice mentioned in subsection (7) shall cease to have effect if payment of any instalment is not made on or before the due date in a relevant period, and the undertakers give notice to that effect to the person in default and thereupon any sum due shall be recoverable by the undertakers as if a notice mentioned in subsection (7) had not been given.
10
Where any water rate is payable by instalments the undertakers may adjust the amount of the first or last instalment so that no instalment comprises or includes an amount of less than a penny.
11
In this section “specify” means set out in a written notice sent by the undertakers to a person liable to pay any water rate.
55A
1
The undertakers may once only make a water rate by fixing a rate poundage in respect of a period of three months following the expiration of a relevant period mentioned in section 55 above.
2
Any such rate shall be payable in full on the first day of that three month period.
3
Subsections (4) and (6) of section 55 shall have effect in relation to a rate made in accordance with this section.
.
Amendment of the 1982 Order
5
The provisions of the 1982 Order specified in column (1) of the Schedule to this Order shall have effect subject to the amendments set out in column (2) of that Schedule.
Application of section 94 of Third Schedule
6
For the purposes of this Order, section 94 of the Third Schedule( ) (which requires undertakers to keep a copy of the special Act at their principal office and to deposit copies with certain officers) shall apply to the undertaking and is hereby incorporated with this Order.
Costs of Order
7
The costs, charges and expenses of and incidental to the application for the preparation of this Order shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
11th January 1988


text:
Title, application and commencement
1
1
These Regulations, which apply to England and Wales only, may be cited as the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988, and shall come into force on the third day after the day on which they are made.
2
These Regulations shall not apply in the case of improvement works commenced before these Regulations come into force.
Interpretation
2
1
In these Regulations —
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Wales, the Secretary of State for Wales;
“the Court” means the County Court for the district in which improvement works which are being carried out are situated or the High Court;
“drainage” includes defence against water including sea water;
“drainage body” means —
a water authority;
an internal drainage board;
the council of a county, district or London borough or the Common Council of the City of London;
“environmental statement” has the meaning assigned to it by the Schedule to these Regulations;
“improvement works” means works which deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work;
“watercourse” includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Public Health Act 1936 ) and passages through which water flows.
2
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Requirement for environmental statement
3
1
No drainage body shall carry out any improvement works unless they have first completed the procedure prescribed by these Regulations.
2
Where a drainage body propose to carry out any improvement works they shall consider whether, by reason inter alia of their nature, size or location, the proposed works are likely to have significant effects on the environment and ought therefore to be made the subject of an environmental statement, and shall then, by notice in at least two local newspapers —
a
announce that they propose to carry out the improvement works in question;
b
describe briefly the nature, size and location of the proposed improvement works;
c
state whether or not they propose to prepare an environmental statement in respect of the proposed improvement works; and
d
if they propose not to prepare such a statement, give notice that any person or body who wishes to do so may make representations to them in writing in relation to the likely environmental effects with regard to that proposal at an address specified in the notice within 28 days of the date of publication of the notice.
3
Where no representations made in accordance with paragraph (2)(d) above are received in relation to proposed improvement works within the time specified the drainage body may proceed to carry out those works without preparing an environmental statement.
Preparation of environmental statement
4
1
Where a drainage body have stated in pursuance of regulation 3(2)(c) that they propose to prepare an environmental statement in relation to proposed improvement works that body shall proceed to prepare such a statement.
2
The drainage body shall consider any representations made in accordance with regulation 3(2)(d), and if, having done so, —
a
the drainage body decide to prepare such an environmental statement, they shall so inform those persons or bodies who have made representations, and shall proceed to prepare the statement; or
b
if they decide not to prepare such a statement they shall apply to the appropriate Minister for his direction as to whether an environmental statement is required, providing him with all the relevant facts and copies of all relevant documents in their possession.
3
Where the appropriate Minister considers that the information put before him in pursuance of paragraph (2)(b) above does not provide him with sufficient information to enable him to give a direction he shall notify the drainage body in writing of the points on which he requires further information, and may make a written request to that body for such information as they may be able to provide on the points raised.
4
Where an application for a direction is made to the appropriate Minister under paragraph (2)(b) above, the Minister shall, on the basis of the considerations referred to in regulation 3(2), the information supplied to him under paragraph (2)(b) above and any information provided pursuant to paragraph (3) above, give his direction accordingly, and inform the drainage body or bodies and those persons who made representations of his decision.
5
If the appropriate Minister directs that an environmental statement is required, the drainage body which applied for his direction shall forthwith proceed to prepare one.
Publicity for environmental statements
5
Where an environmental statement has been prepared as required by these Regulations the drainage body shall —
a
by notice in at least two local newspapers announce the preparation of the statement including details of the time and place where copies may be inspected by members of the public at all reasonable times and stating that any person or body wishing to make representations in relation to the likely environmental effects regarding the works to which the statement relates should make them in writing to the drainage body at the address specified in the notice within 28 days from the publication of the notice; and
b
at the same time as the notice is published, supply copies of it to —
i
the Nature Conservancy Council;
ii
the Countryside Commission; and
iii
any other public authority, statutory body or organisation which appears to them to have an interest in the matter;
c
provide copies of the statement on request to interested members of the public.
Charges
6
A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of an environmental statement made available in accordance with regulation 5(c) and for any copy in excess of one of the whole or part of a statement supplied to a body pursuant to regulation 5(b).
Provision of information
7
1
Subject to paragraph (2) below, where a drainage body propose to or are required to prepare an environmental statement they may enter into consultations with any organisation to determine whether that organisation has in its possession any information which the drainage body considers relevant to the preparation of a statement, and if they have, the organisation shall make such information available to the drainage body.
2
Nothing in paragraph (1) above shall require the disclosure by any organisation of confidential information.
3
A reasonable charge reflecting the cost of making the relevant information available may be made by any organisation supplying it.
Consent to improvement works
8
1
Where an environmental statement has been prepared in accordance with these Regulations, the drainage body shall consider the proposal and that statement and any representations and comments made thereon by any person or body in relation to the likely environmental effects which are received by the drainage body within the time limit specified in regulation 5(a).
2
Where having carried out the requirements of paragraph (1) above the drainage body consider that the improvement works should proceed and any objections to those works made in relation to their likely environmental effects by any person or body have been withdrawn the drainage body may decide to proceed with the works.
3
Where having carried out the requirements of paragraph (1) above a drainage body consider that the improvement works should proceed but there are objections to those works made in relation to their likely environmental effects by any person or body which have not been withdrawn, the drainage body shall refer the proposal for works together with the environmental statement and any representations and comments on it to the appropriate Minister for his decision.
4
Where the appropriate Minister considers that the information put before him in pursuance of paragraph (3) above does not provide him with sufficient information to enable him to give a direction he shall notify the drainage body in writing of the points on which he requires further information, and may make a written request to that body for such information as they may be able to provide on the points raised.
5
The appropriate Minister after —
a
considering any proposal, statement, representations and comments referred to him under paragraph (3) above and any information provided pursuant to paragraph (4) above; and
b
having regard both to the effect of the proposed works on the environment and to the desirability of those works being carried out in the interests of efficient land drainage,
may consent to the carrying out of the proposed improvement works either absolutely or subject to such conditions as he considers appropriate or refuse consent to such works, and shall inform the drainage body and those persons or bodies who made representations of his decision and the reasons and considerations upon which it was based.
Enforcement
9
1
If a drainage body carries out improvement works —
a
without first observing the requirements of these Regulations; or
b
without the consent of the appropriate Minister under regulation 8(5) above where a proposal is referred to that Minister under regulation 8(3), or in breach of a condition of such a consent,
the appropriate Minister may apply to the Court for an order requiring that the drainage body shall not proceed with the works and shall remove any works already carried out and reinstate the site.
2
An order made pursuant to paragraph (1) above may provide that, if the drainage body fails to comply with the order within a specified period, the appropriate Minister may remove the works and reinstate the site himself and recover the reasonable costs and expenses of doing so from the drainage body as a debt due from that body.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
12th July 1988


text:
Citation and interpretation
1
1
This Order may be cited as the Norfolk and Suffolk Broads Act 1988 (Commencement) Order 1988.
2
In this Order “ the Act ” means the Norfolk and Suffolk Broads Act 1988.
Commencement of provisions
2
The date specified for the purposes of paragraph 1 of Schedule 7 to the Act is 6th June 1988.
3
Sections 18, 19 and 21 (except so far as it gives effect paragraphs 1, 3, 5, 11 and 21 of Schedule 6) of the Act shall come into force on 6th June 1988.
4
Sections 13, 20, 22 and all other provisions of the Act not then in force shall come into force on 1st April 1989.
Nicholas Ridley
Secretary of State for the Environment
26th May 1988


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Set-Aside Regulations 1988 and shall come into force on the day after the day on which these Regulations are made.
2
These Regulations shall apply to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
“application” means an application for aid under regulation 5 and “applicant” and “apply” shall be construed accordingly;
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
“arable crops” means crops of a type listed in Schedule 1;
“arable land” means land used for the production of arable crops;
“beneficiary” means —
a person whose application has been accepted; or
a person who occupies a holding or part of a holding following a change of occupation of that holding or part and who has given an undertaking to comply with set-aside obligations relating to that holding or part assumed by the previous occupier;
“the Broads” shall have the same meaning as in section 2(3) of the Norfolk and Suffolk Broads Act 1988 ;
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England”, and with the number of the volume, dated 3rd April 1984, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY23 1NG;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Chesser House, Gorgie Road, Edinburgh EH11 3AW;
“eligible person” means a person who on the date of the submission of his application occupies a holding comprising arable land as an owner or tenant and who at the commencement of the set-aside period will have so occupied that holding for a period of at least twelve months;
“holding” means land which is occupied as a unit for agricultural purposes;
“landlord” means —
in England and Wales, in relation to the tenant of a holding or part of a holding, any person who either solely or jointly owns or has a superior tenancy of that holding or part;
in Scotland —
in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1949 (the “1949 Act”) applies, the landlord within the meaning of section 93(1) of that Act;
in the case of a croft within the meaning of the Crofters (Scotland) Act 1955 , the landlord within the meaning of section 37(1) of that Act;
in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1949 Act does not apply, the same as it means in the 1911 Act;
and, where appropriate, includes a head tenant;
“less-favoured area” means land —
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2 of Council Directive No. 75/268/ EEC on mountain and hill farming and farming in certain less-favoured areas , and
which —
is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
is situated in the Isles of Scilly,
which land is within the area shaded blue or pink on the designated maps;
“National Park Authority” means a special planning board or a joint planning board or a National Park Committee constituted or re-constituted in accordance with Part I of Schedule 17 to the Local Government Act 1972 ;
“permanent fallow” means land which is fallowed for the whole of the set-aside period;
“reference period” means the period commencing on 1st July 1987 and ending on 30th June 1988;
“relevant arable crops” means crops of a type listed in List A in Schedule 1;
“relevant arable land” means land used for the production of relevant arable crops;
“rotational fallow” means land fallowed as part of the arable rotation;
“the set-aside area” means the area of arable land which a beneficiary undertakes to set aside under the provisions of these Regulations;
“set-aside land” means any land forming part of the set-aside area;
“the set-aside obligations” means —
the obligations assumed by a beneficiary by virtue of the undertakings referred to in regulation 3; and
(where these apply) the requirements laid down in regulations 4, 7(1), 8 and 9(1) and (2);
“the set-aside period” means —
in relation to an application accepted by the appropriate Minister in 1988, the period commencing on the date of acceptance of that application or 1st October 1988, whichever is later, and ending on 30th September 1993;
in relation to an application accepted by the appropriate Minister in a year subsequent to 1988, the period of five consecutive years from 1st October in that year;
“to set aside” means, in relation to arable land, to withdraw that land from agricultural production;
“Site of Special Scientific Interest” means any area of land notified by the Nature Conservancy Council under the provisions of section 28(1) of the Wildlife and Countryside Act 1981 ;
“tenant” means —
in England and Wales, a person who occupies a holding or part of a holding either —
under an agreement for the letting of land for a tenancy from year to year; or
under an agreement which has effect by virtue of section 2(1) of the Agricultural Holdings Act 1986 as an agreement for the letting of land for a tenancy from year to year; or
under a contract of tenancy for a fixed term of years of which at least five years remain unexpired at the commencement of the set-aside period;
in Scotland —
in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1949 (the “1949 Act”) applies, the tenant within the meaning of section 93(1) of that Act;
in the case of a croft within the meaning of the Crofters (Scotland) Act 1955, the crofter within the meaning of section 3(2) of that Act;
in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1949 Act does not apply, the tenant within the meaning of section 2(2) of the 1911 Act;
and, where appropriate, includes a sub-tenant;
“the Woodland Grant Scheme” means the scheme made by the Forestry Commissioners and published in June 1988 under which the Forestry Commissioners enter into agreements to make grants pursuant to section 1 of the Forestry Act 1979 for and in connection with the use and management of land for forestry purposes.
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Aid for set aside of arable land
3
1
Subject to the provisions of these Regulations, the appropriate Minister may make payments of aid to any eligible person who undertakes for the duration of the set-aside period —
a
to set aside an area of the arable land on his holding which was arable land in the reference period and which is equal in size to at least 20 per cent of the relevant arable land on that holding in the reference period; and
b
to use the set-aside area for one or more of the following —
i
permanent fallow;
ii
rotational fallow;
iii
woodland;
iv
non-agricultural purposes; and
c
to ensure that the area of relevant arable land on his holding shall not exceed the area of relevant arable land on his holding in the reference period, less an area equal in size to the set-aside area.
2
Subject to the provisions of these Regulations, the appropriate Minister may make payments of aid to any beneficiary who, within three years from the date of acceptance of his original application, undertakes for the remainder of the set-aside period —
a
to set aside an additional area of the arable land on his holding which was arable land in the reference period; and
b
to use that additional set-aside area for one or more of the purposes set out in paragraph (1)(b) above; and
c
to ensure that the area of relevant arable land on his holding shall not exceed the area of relevant arable land on his holding in the reference period, less an area equal in size to the sum of the original set-aside area and the additional set-aside area.
3
Subject to the provisions of these Regulations, the appropriate Minister may make payments of aid to any beneficiary who enlarges his holding by the acquisition of arable land which was arable land in the reference period and who, within four years from the date of acceptance of his original application, undertakes for the remainder of the set-aside period —
a
to set aside an area of that acquired arable land; and
b
to use that additional set-aside area for one or more of the purposes set out in paragraph (1)(b) above; and
c
to ensure that the area of relevant arable land on his enlarged holding shall not exceed the sum of the area of relevant arable land on his holding in the reference period and the area of relevant arable land comprised in the acquired arable land in the reference period, less an area equal in size to the sum of the original set-aside area and the additional set-aside area.
4
In determining whether any arable land was arable land in the reference period for the purposes of paragraphs (1) to (3) above, no account shall be taken of any land which was converted to the production of arable crops in the period commencing on 1st January 1988 and ending on 30th June 1988.
Requirements in relation to the set-aside area
4
1
The set-aside area shall include either —
a
one whole field amounting to at least one hectare; or
b
an area consisting of adjacent whole fields and amounting to at least one hectare.
2
Where any set-aside land consists of a strip of land, that strip shall be at least 15 metres wide.
Applications for aid
5
1
An application for aid under these regulations shall be made at such time and in such form as the appropriate Minister reasonably may require and shall include —
a
a map of the applicant’s holding showing —
i
the boundaries of the holding and internal field boundaries;
ii
the area of land which the applicant proposes to set aside;
iii
the area of land on which the applicant intends to continue production of relevant arable crops;
b
details of the type of production carried out or to be carried out on each individual field during the reference period and during the period of twelve months immediately preceding the commencement of the set-aside period;
c
a description of the intended use or uses of the proposed set-aside area;
d
if required by the appropriate Minister, documentary evidence showing the nature of the applicant’s estate or interest in the holding.
2
An application by a beneficiary who proposes to set aside additional areas of arable land under the provisions of regulation 3(2) or (3) shall contain such information and shall be made at such time and in such form as the appropriate Minister reasonably may require.
Restrictions on acceptance of applications for aid
6
1
The appropriate Minister shall not accept an application from a tenant who proposes to use any set-aside land for woodland or for non-agricultural purposes unless he is satisfied that that tenant has obtained the consent in writing of the landlord of that land to the making of the application.
2
The appropriate Minister shall not accept an application from a tenant who proposes to use any set-aside land for permanent fallow or rotational fallow unless he is satisfied that that tenant has notifed the landlord of that land in writing of his intention to make the application.
3
The appropriate Minister shall not accept an application from any person who proposes to set aside land within a Site of Special Scientific Interest, a National Park or the Broads, unless he is satisfied that that person has notified the Nature Conservancy Council, the National Park Authority or the Broads Authority, respectively, in writing of his intention to make the application.
4
The appropriate Minister shall not accept an application from any person who proposes to use more than 0.25 hectares of set-aside land for woodland unless that person either —
a
has submitted an application to the Forestry Commissioners under the Woodland Grant Scheme for a grant for the planting of woodland on that land; or
b
has submitted an application to the appropriate Minister for grant in relation to that land under the Farm Woodland Scheme 1988 .
5
The appropriate Minister may refuse to accept an application where he is satisfied that —
a
the set aside of any land or the use of any set-aside land in accordance with the proposals contained in that application would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community;
b
payment of aid under these Regulations in respect of any land which an applicant proposes to set aside would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community.
Requirements in relation to use for fallow
7
1
Where a beneficiary has undertaken to use any set-aside land for permanent fallow or rotational fallow, that beneficiary shall observe in relation to that land the requirements set out in Schedule 2.
2
Where any set-aside land is used for rotational fallow, the beneficiary shall, before 1st October in each year of the set-aside period, notify the appropriate Minister of the location of the area of set-aside land to be used for that purpose in the twelve months following that date and the notification shall be made in such form and shall contain such information as that Minister reasonably may require.
Requirements in relation to use for woodland
8
1
Where a beneficiary has undertaken to use any set-aside land for woodland, that beneficiary shall, until planting commences, observe in relation to that land the requirements set out in Schedule 2.
2
Where a beneficiary has submitted an application to the Forestry Commissioners under the Woodland Grant Scheme for a grant for the planting of woodland on any set-aside land, he shall not commence planting on that land until his application has been approved in accordance with the provisions of that Scheme.
3
Where a beneficiary has submitted an application to the appropriate Minister under the Farm Woodland Scheme for grant in relation to any set-aside land, he shall not commence planting on that land until his application has been approved in accordance with the provisions of that Scheme.
4
Where a beneficiary has submitted an application for grant in relation to the planting of woodlands on any set-aside land under the Woodland Grant Scheme or the Farm Woodland Scheme, and that application is not approved, that beneficiary shall, subject to regulations 10 and 11, use that land for permanent fallow for the remainder of the set-aside period.
Requirements in relation to use for non-agricultural purposes
9
1
Where a beneficiary has undertaken to use any set-aside land for non-agricultural purposes, that beneficiary shall, until the conversion of that land to use for non-agricultural purposes commences, observe in relation to that land the requirements set out in Schedule 2.
2
Where a beneficiary has undertaken to use any set-aside land for non-agricultural purposes, that beneficiary shall not use that land for —
a
the extraction of minerals; or
b
the erection of any building or other permanent structure with a view to the use of such building or structure for any of the following purposes —
i
the carrying-on of any industrial process;
ii
the retail or wholesale sale of goods;
iii
use as a dwellinghouse, hotel or lodging house or for the purposes of a residential institution of any description;
iv
use for office accommodation;
v
use as a storage or distribution centre.
3
Notwithstanding paragraph (2) above, a beneficiary may use set-aside land for the erection of any building or other permanent structure with a view to the use of that building or structure for the purposes of any business of a type specified in the Schedule to the Farm Business Specification Order 1987 where that business is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture on the same or adjacent land.
Termination of undertakings
10
1
Within a period of three years from the commencement of the set-aside period, a beneficiary may terminate the undertakings given by him under regulations 3 or 12 in relation to all the land on his holding to which those undertakings relate, provided that the termination shall not take effect before the expiry of that three-year period.
2
A beneficiary shall notify the appropriate Minister at least three months before the expiry of the three-year period referred to in paragraph (1) of his intention to terminate the undertakings and the notification shall be made in such form and shall contain such information relating to the termination as that Minister reasonably may require.
3
In paragraphs (1) and (2) above, references to the beneficiary shall include the personal representatives of that beneficiary where he has died.
4
Where a beneficiary has terminated his undertakings under the provisions of paragraph (1) above, the appropriate Minister shall not, within two years of the termination, accept an application from that beneficiary for aid under these Regulations in relation to any land to which those undertakings relate.
Change of use of set-aside land
11
1
Subject to the provisions of this regulation, a beneficiary may, within three years of the commencement of the set-aside period, change the use of any set-aside land, with the exception of land on which woodlands have been planted, from the use to which he has undertaken to put that land to one or more of the other uses mentioned in regulation 3(1)(b).
2
The beneficiary shall notify the Minister of an intended change of use and the notification shall be in such form and shall contain such information relating to the intended change of use as that Minister reasonably may require.
3
For the purposes of the payment of aid under these Regulations, a change of use of set-aside land shall be deemed to take effect on 1st October following the approval of that change by the appropriate Minister.
4
Where a beneficiary changes the use of any set-aside land from use for permanent fallow to use for rotational fallow, the appropriate Minister shall recover or withhold from that beneficiary the difference between any payments made or due to him under these Regulations on the basis of the use of that land for permanent fallow and payments made or due to him on the basis of the use of that land for rotational fallow.
5
Where a beneficiary notifies the appropriate Minister that he intends to change the use of any set-aside land which he occupies as a tenant from use for permanent or rotational fallow to use for woodland or non-agricultural purposes, the appropriate Minister shall not approve that change of use unless he is satisfied that that beneficiary has obtained the consent in writing of the landlord of that land to that change of use.
Change of occupation
12
1
Where there is a change of occupation of the entirety or any part of a beneficiary’s holding during the course of the set-aside period by reason of the devolution of that holding or part on the death of the beneficiary, or otherwise —
a
the beneficiary (or, if he has died, his personal representatives) shall notify the appropriate Minister in writing of the change of occupation within three months of its occurrence and shall supply to that Minister such information relating to that change of occupation in such form and within such period as that Minister reasonably may determine;
b
the new occupier of that holding or part may give an undertaking to the appropriate Minister to comply with the set-aside obligations relating to that holding or part for the remainder of the set-aside period.
2
Where there is a change of occupation of part of a holding, the appropriate Minister shall determine the extent to which the set-aside obligations assumed by the original occupier relate to that part having regard to —
a
the area of arable land comprised in that part, and
b
the area of set-aside land (if any) comprised in that part and the use or uses to which that land is put.
3
The appropriate Minister shall not accept an undertaking from a new occupier of a holding or part of a holding to comply with set-aside obligations assumed by the original occupier unless that minister is satisfied that that new occupier occupies that holding or part as an owner or tenant or as the personal representative of the original occupier.
4
Any undertaking given by a new occupier to comply with set-aside obligations shall contain such information and shall be given in such form and within such period following the change of occupation as the appropriate Minister reasonably may determine.
5
Where the appropriate Minister has accepted an undertaking from a new occupier to comply with set-aside obligations —
a
the new occupier shall be deemed to be an eligible person who has applied for aid under the provisions of these Regulations; and
b
the undertaking to comply with set-aside obligations shall be deemed to take effect on the date of the acceptance by that Minister of that undertaking.
6
Where within a period of three months from the date of change of occupation a new occupier has not given an undertaking to comply with set-aside obligations assumed by the original occupier, the appropriate Minister may —
a
withhold the whole or any part of any payments due to the original occupier; and
b
recover from that original occupier or his personal representatives the whole or any part of any payments of aid already made to him.
7
Paragraph (6) above shall not apply where the change of occupation of a holding or part of a holding is the result of —
a
the compulsory purchase of that holding or part; or
b
the death of the original occupier, and
i
that original occupier occupied that holding or part as a tenant; and
ii
following the death of that original occupier the tenancy or lease under which he occupied that holding or part was terminated by the landlord.
Amounts and payment of aid
13
1
Subject to the provisions of this regulation and to regulations 10 and 16, payment of aid shall be by way of five payments made annually in arrears in relation to the use of set-aside land specified in column 1 of the table in this regulation at the rate per hectare of such land specified in column 2.
Column 1 Use of set-aside land Column 2 Amount of annual payment per hectare of set-aside land Less-favoured area Other £ £
Permanent fallow 180 200 Rotational fallow 160 180 Non-agricultural purposes 130 150 Woodland (other than under the provisions of the Farm Woodland Scheme) 180 200
2
Where a beneficiary uses any set-aside land for woodland under the provisions of the Farm Woodland Scheme , he shall receive in relation to that land —
a
in respect of the year in which planting commences and any subsequent year in the set-aside period, the same rate as under the provisions of that Scheme;
b
in respect of any year in the set-aside period prior to that in which planting commences, the rate for permanent fallow specified in the table in this regulation.
3
Where a beneficiary uses any set-aside land for woodland otherwise than under the provisions of the Farm Woodland Scheme, he shall receive in relation that land —
a
in respect of the year in which planting commences and any subsequent year in the set-aside period, the rate for woodland specified in the table in this regulation;
b
in respect of any year in the set-aside period prior to that in which planting commences, the rate for permanent fallow specified in the table in this regulation.
4
Where a beneficiary uses any set-aside land for non-agricultural purposes, he shall receive in relation to that land —
a
in respect of the year in which the conversion to use for non-agricultural purposes commences and any subsequent year in the set-aside period, the rate for non-agricultural purposes specified in the table in this regulation;
b
in respect of any year in the set-aside period prior to that in which conversion to use for non-agricultural purposes commences, the rate for permanent fallow specified in the table in this regulation.
5
The appropriate Minister may deduct from the annual payments payable to a beneficiary in respect of any set-aside land under these Regulations the whole or any part of any annual payments made to that beneficiary in respect of that land under an agreement made with the appropriate Minister under section 18(3) of the Agriculture Act 1986 .
Claims for aid
14
Any claim for the payment of aid under these Regulations shall be made at such time and in such form and shall contain such information as the appropriate Minister reasonably may require.
Obligation to permit entry and inspection
15
1
A beneficiary shall permit any officer duly authorised by the appropriate Minister, accompanied by such persons acting under his instructions as appear to that officer to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon that beneficiary’s holding in order to inspect any land, document or record with a view to verifying —
a
the accuracy of any particulars given in any application or claim for aid or in any undertaking made by a new occupier to comply with set-aside obligations, or in any notification made under the provisions of regulations 7(2) or 11(2); and
b
compliance with the set-aside obligations.
2
A beneficiary shall render all reasonable assistance to the authorised officer in relation to the matters mentioned in paragraph (1), and in particular shall —
a
produce such document or record as may be required by that officer for inspection; and
b
at the request of that officer, accompany him in making the inspection of any land and identify any area of land which is concerned in any application or claim for aid or in any undertaking made by a new occupier to comply with set-aside obligations, or in any notification made under the provisions of regulations 7(2) or 11(2).
Withholding and recovery of aid
16
1
Where any person with a view to obtaining the payment of aid to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the appropriate Minister may withhold the whole or any part of any aid payable to that person or to such other person, and may recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of the set-aside obligations; or
b
fails without reasonable excuse to comply with the requirements as to notification in regulations 7(2), 10(2) or 11(2); or
c
fails without reasonable excuse to permit entry and inspection by an authorised officer or to render all reasonable assistance to such authorised officer as required by regulation 15,
the appropriate Minister may withhold the whole or any part of any aid payable to that beneficiary, and may recover the whole or any part of any aid already paid to him.
3
Where it appears to the appropriate Minister that a beneficiary who has planted woodland on set-aside land in accordance with the provisions of the Woodland Grant Scheme, has failed to comply with the requirements of that Scheme, that Minister may withhold the whole or any part of any aid payable to that beneficiary under these Regulations and may recover from that beneficiary the whole or any part of any aid already paid to him under these Regulations.
4
Where the appropriate Minister recovers from a beneficiary the whole of any aid already paid to him, that Minister may in addition require from that beneficiary payment of interest on that aid at a rate to be determined annually by that Minister and calculated on the basis of the period of time elapsed between the payment of the aid and recovery from the beneficiary.
5
Before withholding or recovering any aid under paragraph (2)(a), the appropriate Minister shall —
a
give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery; and
b
afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the appropriate Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
False statements
17
If any person, for the purposes of obtaining for himself or any other person any aid under these Regulations, knowingly or recklessly makes a statement which is false in a material particular, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,000.
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
28th July 1988


text:
Citation and commencement
1
This Order may be cited as the Bideford (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order —
“the Authority” means the Torridge District Council;
“the Harbour” has the same meaning as in the Bideford Harbour Act 1925;
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Authority situated at Town Hall, Bideford, Devon, EX39 2HS.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Authority shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the Harbour) the area cross hatched pink on the signed plan, being so much of the area outside the Harbour as lies within all that area of sea foreshore and land as is covered by the sea at Mean High Water Springs south of a line from the western-most extremity of Baggy Point to position latitude 51° 08' .6N, longitude 4° 16' .9W, and east of longitude 4° 16' .9W including the estuary of the Rivers Taw and Torridge, the river Taw to Barnstaple Bridge, but excluding the tidal waters of Braunton Pill, and the River Torridge to the existing boundary of the Bideford Harbour.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
29th September 1988


text:
1
The length of trunk road described in the schedule hereto, and shown by broad striped hatching on the deposited plan, shall cease to be a trunk road and shall be classified as a principal road as from the date on which the new trunk road is open for through traffic.
2
In this Order —
a
the measurements of distance are measured along the route of the relevant highway; and
b
i
“the deposited plan”
means the plan numbered HA 10/1 CNW 252 marked “the A523 Derby — Macclesfield — South of Stockport Trunk Road (Macclesfield Relief Road) (Detrunking) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the new trunk road to be provided by the Secretary of State in pursuance of the A523 Derby — Macclesfield — South of Stockport Trunk Road (Macclesfield Relief Road) Order 1986, and the A523 Derby — Macclesfield — South of Stockport Trunk Road (Macclesfield Relief Road) No. 2 Order 1988 ;
iii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 11th October 1988 and may be cited as the A523 Derby — Macclesfield — South of Stockport Trunk Road (Macclesfield Relief Road) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
26th August 1988


text:
1
This Order may be cited as the Education (Grant-maintained Schools) (Termination of Power to Determine a Period of Suspension) Order 1988 and shall come into force on 31st December 1988.
2
31st December 1988 is hereby appointed for the purposes of section 73 of the Education Reform Act 1988.
Kenneth Baker
Secretary of State for Education and Science
10th November 1988
Peter Walker
Secretary of State for Wales
14th November 1988


text:
Citation and commencement
1
These Regulations may be cited as the Agriculture Improvement (Amendment) Regulations 1988 and shall come into force —
a
as to this regulation and regulations 2(1), 3, 4(a) and 5, on 5th August 1988;
b
as to all other provisions, on 1st September 1988.
Saving
2
1
Regulation 4(a) below shall not apply to any work, facility or transaction included in an application received by the appropriate Minister before 5th August 1988 for approval of an improvement plan or for a variation of an improvement plan approved for the purposes of the Agriculture Improvement Regulations 1985 (“the principal Regulations”), or any claim for grant towards expenditure incurred for the purposes of those Regulations before that date, and regulation 4(a) below shall not affect the operation of the principal Regulations in relation to any such work, facility or transaction or claim for grant.
2
Regulations 4(b) and 6 below shall not apply in relation to any claim for grant received by the appropriate Minister before 1st December 1988 which is in respect of expenditure incurred in relation to any work, facility or tranaction of a kind specified in paragraph 9 or 10 in column 1 of the Schedule to the principal Regulations, provided that that work, facility or transaction was included in an application received by the appropriate Minister before 1st September 1988 for approval of an improvement plan for the purposes of the principal Regulations or for variation of an improvement plan for the purposes of those Regulations.
Amendment of principal Regulations
3
The principal Regulations shall be amended in accordance with regulations 4 to 6 of these Regulations.
4
In regulation 6 thereof (restrictions on approval of improvement plans) —
a
there shall be substituted for paragraph (3) (b) (i) the following subparagraph —
i
that expenditure is not in respect of any work, facility or tranaction which is of a kind specified in paragraph 2 (b) or 4 (d) or (f) in column 1 of the Schedule or, if the expenditure is in respect of any such work, facility or transaction, the application for approval of the plan which includes that expenditure is received before 1st January 1991 and that Minister is satisfied that the effect of the expenditure will not be to provide for an increase of more than 300 pig places on the land occupied for the purposes of the agricultural business to which the plan relates, and that after completion of the work, facility or transaction, the number of pig places on that land will not exceed 800, and
b
in paragraph (3) (g) (i) there shall be substituted for the words “the further sum of £86,000” the words “the further sum of £24,000”.
5
In regulation 12(2) (b) thereof (claims for grant) there shall be substituted for the words “on or before 30th November 1988” the words “on or before 30th November 1989”.
6
In the Schedule thereto (eligible works, facilities and transactions and rates of grant), in paragraph 10, columns 2 and 3, there shall be substituted for the existing figure the figure “45”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th July 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
11th July 1988


text:
1
The 1984 Order is amended so as to exclude those parts of the new highways given the reference letters A and B on the deposited plan and which are described in Schedule 1 to this Order and shown by a broken black line on the No 2 deposited plan.
2
Those parts of the new highways referred to in article 1 above shall be deemed to be omitted from the deposited plan.
3
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order (the highways along these routes being referred to in this Order as “the new slip roads”), shall become trunk roads as from the date on which this Order comes into force.
4
The centre lines of the new slip roads are indicated by heavy black lines on the No. 2 deposited plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of either of the new slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
6
In this Order —
1
All measurements of distance are measured along the route of the relevant highway
2
i
“the deposited plan”has the same meaning as in the 1984 Order;
ii
“the No. 2 deposited plan”means the plan numbered HA 10/2 WMRO L111 marked The (A46) (Coventry Eastern Bypass and Slip Roads) Order 1988; signed by authority of the Secretary of State and deposited at the Department of Transport, 2, Marsham Street, London SW1P 3PY;
iii
“the slip roads”has the same meaning as in the 1984 Order;
iv
“the 1984 Order”means the Bath to Lincoln Trunk Road (A46) (Coventry Eastern Bypass and Slip Roads Order) 1984 .
7
This Order may be cited as the A46 (Coventry Eastern Bypass Slip Roads) Order 1988 and shall come into force on 28th January 1988.
Signed by authority of the Secretary of State
H. F. Ellis-Rees
Regional Director West Midlands Region
Department of Transport
14th January 1988


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the Trunk Road and the main new trunk road with other highways at Liphook in the County of Hampshire (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
i
“the deposited plan”
means the plan numbered RSE A3/6B/65/2/11, marked “The London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section Slip Roads) (Part 1) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the main new trunk road”
means the highway to be provided by the Secretary of State in pursuance of the London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section) (Part 1) Order 1988( ); and
iii
“the Trunk Road”
means the London-Portsmouth Trunk Road A3.
5
This Order shall come into force on 11th April 1988 and may be cited as the London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section Slip Roads) (Part 1) Order 1988.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
18th February 1988


text:
1
This Order may be cited as the A41 Trunk Road (Watford Way, Barnet) (Prescribed Routes) Order 1988 and shall come into force on 24th January 1988.
2
In this Order —
“Watford Way” means that length of the London — Carlisle — Glasgow — Inverness Trunk Road (A41) in the London Borough of Barnet known as Watford Way;
“central reservation” means that part of Watford Way which separates the two carriageways of Watford Way for the safety and guidance of vehicles using that road;
“the junction” means the junction of Watford Way, Aerodrome Road, Aerodrome Road Service Road and Greyhound Hill;
“the northbound right-turn lane” means the traffic lane, being part of the northbound carriageway of Watford Way, which is bounded on its eastern side by the central reservation, has a width of approximately 3.6 metres and extends from the junction southwards for a distance of 105 metres;
“the southbound right-turn lane” means the traffic lane, being part of the southbound carriageway of Watford Way, which is bounded on its western side by the central reservation, has a width of approximately 3.6 metres and extends from the junction northwards for a distance of 105 metres.
3
Every person causing any vehicle to proceed in the northbound right-turn lane shall cause that vehicle to turn right into Greyhound Hill.
4
Every person causing any vehicle to proceed in the southbound right-turn lane shall cause that vehicle to turn right into Aerodrome Road.
5
No person shall cause or permit any vehicle proceeding in Watford Way to enter the service road which lies adjacent to the southern side of Aerodrome Road.
6
No person shall cause or permit any vehicle proceeding in the service road which lies adjacent to the southern side of Aerodrome Road to enter Watford Way.
7
No person shall cause or permit any vehicle proceeding in either carriageway of Watford Way, other than in the northbound right-turn lane or the southbound right-turn lane, to turn right at the junction.
8
The A41 Trunk Road (Watford Way, Barnet) (Prescribed Routes) Order 1987 is hereby revoked.
9
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
John Dawson
Director (Transport) London Regional Office of the
Department of Transport
18th January 1988


text:
1
This Order may be cited as the Protection of Wrecks (Designation No.1) Order 1988 and shall come into force on 3rd January 1989.
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed, and in respect of which this Order is made, is in position Latitude 50° 18.96' North, Longitude 04° 11.57' West.
2
The area within a distance of 250 metres of that position shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
7th December 1988