text:
Citation and commencement
1
This Scheme may be cited as the Gatwick Airport — London Noise Insulation Grants Scheme 1989 and shall come into force on 1st April 1989.
Interpretation
2
In this Scheme–
“earlier schemes” means the Gatwick Airport — London Noise Insulation Grants Scheme 1973 , the Gatwick Airport — London Noise Insulation Grants Scheme 1975 , and the Gatwick Airport — London Noise Insulation Grants Scheme 1980 ;
“eligible dwelling” means a dwelling to which this Scheme applies under Article 4;
“flueless combustion appliance” means an appliance designed for use without connection to a flue system, the products of combustion being allowed to mix with the air of the room in which the appliance is situated;
“GAL” means Gatwick Airport Limited;
“insulation works” means works carried out in order to insulate dwellings, or parts of dwellings, against noise.
Revocation
3
The Gatwick Airport — London Noise Insulation Grants Scheme 1980 and the Gatwick Airport — London Noise Insulation Grants (Variation) Scheme 1981 are hereby revoked.
Dwellings to which the Scheme applies
4
1
This Scheme applies to all dwellings, being dwellings the construction of which was completed before 1st April 1980, situated wholly or partly within the area shown hatched red on the map marked“Gatwick Airport — London Noise Insulation Grants Scheme 1989” sealed with the Official Seal of the Secretary of State for Transport and deposited at the office of the Departmental Record Officer, Romney House, 43 Marsham Street, London, SW1.
2
For the purposes of this Scheme–
a
all bedrooms and a maximum of two living rooms in a dwelling shall qualify for insulation works:
Provided that–
i
a room used, or intended for use, only as a kitchen or scullery, or a room in which there is installed a flueless combustion appliance (including a gas cooker), and
ii
any room added to a dwelling, if the addition was completed after 31st March 1980,
shall not be eligible for insulation;
b
a dwelling converted into two or more dwellings shall be treated as a single dwelling if the conversion was completed after 31st March 1980.
Persons to whom grants are to be paid by Gatwick Airport Limited
5
Subject to the provisions of this Scheme, GAL shall make a grant in respect of an eligible dwelling to any person who has applied for the grant at a time when–
a
he is the occupier of the dwelling, or
b
if the dwelling is unoccupied at that time, he is entitled to be the occupier, or
c
if there is a tenancy or licence of the dwelling, he is the immediate landlord or licensor of the occupier or, if the dwelling is unoccupied, of the person entitled to be the occupier,
and the amount of the grant shall be recoverable by that person from GAL as a debt due to him:
Provided that–
if two or more persons have applied for a grant in respect of the insulation of the same room, otherwise than as joint applicants, the grant shall be paid only to the applicant otherwise entitled to it whose application was first received by GAL unless such application shall be withdrawn;
a grant shall not be paid to any person, if he claims the grant by reason of being the landlord or the licensor of the dwelling, unless he was entitled to an interest in that dwelling on 1st April 1980, whether as holder of the fee simple or otherwise and has retained the interest since that date; or in any other case unless on that date he resided or was entitled to reside in that dwelling, disregarding any tenancy or licence held by any other person, and has resided there or has been entitled to reside there continuously since that date;
a grant shall not be paid if the dwelling is, at the time when the application is lodged, the subject of tenancy or licence unless the applicant, being the tenant or licensee, certifies that he has obtained any requisite consent of the landlord or licensor, or being the landlord or licensor, certifies that he has obtained any requisite consent of the tenant or licensee.
Conditions upon compliance with which the payment of grant is dependent
6
The payment of a grant in respect of an eligible dwelling under this Scheme shall be dependent upon compliance with the following conditions:
a
the applicant shall, on or before 31st March 1991 and before the start of the insulation works to which the application relates, have lodged an application in writing for the grant with GAL;
b
the applicant shall, before the start of the insulation works to which the application relates, have received from GAL a written statement indicating whether in the opinion of GAL the application will qualify for a grant under this Scheme and if not, for what reasons;
c
the application shall have included:
i
the address of the dwelling;
ii
the name and address of the applicant, together with a statement whether he claims to be entitled to a grant as occupier, landlord or otherwise;
iii
such information as will indicate whether the applicant is qualified for a grant notwithstanding provisos (ii) and (iii) to Article 5 of this Scheme;
iv
brief specifications of the proposed insulation works in each bedroom and living room to be insulated, including an estimate of the cost per room and the total cost; and
v
a statement that the proposed insulation works will conform to the Schedule to this Scheme;
d
the applicant shall have provided GAL with sufficient evidence that the insulation works to which the application relates have been completed and of their actual cost;
e
the insulation works to which the application relates shall conform to the Schedule to this Scheme;
f
the insulation works to which the application relates shall have been completed before 30th September 1992.
Amount of grant
7
1
Subject to the following paragraphs of this Article, the rate of grant in respect of an eligible dwelling shall be 100 per cent of the actual cost of the insulation works reasonably incurred in respect of items required or permitted by the Schedule to this Scheme.
2
The total amount of grant payable under this Scheme in respect of any eligible dwelling shall not exceed the total of the sums specified in the second column of Table 1 below in relation to the items specified in the first column (whether or not those items are included in the insulation works done under this Scheme in respect of that dwelling).
TABLE 1
a
double windows (including cost of making good existing fabric and decoration)
£92 per square metre
b
vent type “A” or permanent vent type “A” (including cost of making good existing fabric and decoration)
£55 per unit
c
inlet fan ventilator system (including cost of making good existing fabric and decoration)
£123 per system
d
second door for each external door opening directly into an insulated room (including cost of making good existing fabric and decoration)
£92 per square metre
e
blocking up of each chimney in an insulated room
£73
3
The maximum cost recoverable by way of grant in respect of each of the items specified in subparagraphs (a) to (e) of Table 1 above shall not exceed the amount specified in the second column of that table in relation to that item and where there is to be installed a combined ventilator system (in place of a separate vent and ventilator) or any Venetian blinds, the maximum cost recoverable in respect of those items by way of grant shall not exceed the amount specified in the second column of Table 2 below in relation to those items as specified in the first column:–
TABLE 2
a
combined ventilator system (including making good existing fabric and decoration)
£154 per system
b
Venetian blinds
£21 per square metre
4
Where the permitted works include the provision of Venetian blinds, where appropriate, and by reason of their inclusion the cost of the insulation works carried out exceeds the total amount of the grant payable under this Article in respect of the insulation works specified in (a) to (e) of the table in paragraph (2) of this Article, the cost in excess of that amount shall be payable by the applicant.
5
No grant shall be payable for the blocking of chimneys in the case of a dwelling which is a public authority dwelling.
6
For the purposes of paragraph (5) of this Article“public authority dwelling” means a dwelling which is let or available for letting and where the interest of the immediate landlord, or the person who would be the immediate landlord if the dwelling were let, belongs to one of the following bodies:–
a
the Commission for the New Towns;
b
a development corporation within the meaning of the New Towns Act 1981 ;
c
the Housing Corporation;
d
a housing association for the time being registered in the register of housing associations maintained under section 3 of the Housing Associations Act 1985 , other than one whose rules restrict membership to persons who are tenants or prospective tenants of the association, and preclude the granting or assigning of tenancies to persons other than members;
e
a district council, provided that the dwelling forms part of the Housing Revenue Account under section 417 of the Housing Act 1985 .
7
For the purposes of paragraph (6) of this Article a dwelling which is“let” means a dwelling which is subject to a tenancy (other than one which was granted for a term of years certain exceeding 7 years), or a dwelling subject to a licence to occupy, and“letting” shall be construed accordingly.
Reasons to be given for refusal of application
8
If an application for a grant under this Scheme is refused GAL shall, if so requested by the applicant, give him a written statement of its reasons for the refusal.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
23rd February 1989


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) (No. 3) Order 1989 and shall come into force on 9th December 1989.
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985–
a
Halifax Loans Limited
b
BNP Mortgages Limited.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
4th December 1989
We consent,
John Taylor
Tom Sackville
Two of the Lords Commissioners of her Majesty’s Treasury
6th December 1989


text:
1
This Order may be cited as the Telecommunications Act 1984 (Extension of Relevant Period) (No. 2) Order 1989 and shall come into force on 4th August 1989.
2
The relevant period for the purposes of paragraph 1 of Schedule 5 to the Telecommunications Act 1984 shall be eight years beginning with 5th August 1984.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Trade and Industry
19th July 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this order shall become a trunk road as from the date when this order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of the trunk road described in Schedule 2 to this order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Oxfordshire that the new trunk road is open for through traffic.
4
In this order:–
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”means the plan numbered RSE A423/4/65/2/2 marked“The West of Maidenhead–Oxford Trunk Road (Crowmarsh Hill Realignment) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”means the highway mentioned in article 1 of this order;
iii
“the trunk road”means the West of Maidenhead–Oxford Trunk Road (A423).
5
This Order shall come into force on 1st September 1989 and may be cited as the West of Maidenhead–Oxford Trunk Road (Crowmarsh Hill Realignment) Order 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
27th July 1989


text:
1
This Order may be cited as the Motor Vehicles (Authorisation of Special Types) (Amendment) Order 1989 and shall come into force on 1st October 1989.
2
The Motor Vehicles (Authorisation of Special Types) General Order 1979 shall be further amended in accordance with the following provisions of this Order.
3
In article 18(2)–
a
in sub-paragraph (k)(i)(a) for “75, 76, 78 and 79” there shall be substituted “75, 76 and 78”;
b
after sub-paragraph (k)(i)(a) there shall be inserted–
aa
regulation 79 of the Construction and Use Regulations shall apply in the case of a vehicle with two or three closely spaced axles within the meaning of the Construction and Use Regulations;
;
c
after sub-paragraph (k)(i)(b) there shall be added the following–
c
in the case of a semi-trailer within the meaning of the Construction and Use Regulations of which the outermost axles of a group of four axles are spaced at a distance apart of 3.25m or less and the smallest distance between any two adjoining axles in the group is at least 0.87 m, the weight transmitted to the road surface by all the wheels of any one of those axles shall not exceed 6,000 kilograms;
;
d
in sub-paragraph (p) in item 3 of the Table for the words “items 3, 4, 11, 15 and 18” there shall be substituted “items 4, 11, 15 and 18”;
e
for sub-paragraph (r) the following shall be substituted–
r
a vehicle or combination of vehicles in Category 2 or Category 3, if manufactured on or after 1st October 1989, shall have a braking system complying with the construction, fitting and performance requirements set out in relation to category N3 motor vehicles and O4 trailers in Annexes I, II and VII to Council Directive 71/320/ EEC as amended by Council Directive 74/132/EEC , 75/524/EEC , 79/489/EEC , 85/647/EEC and 88/194/EEC (“the amended Directive”) and, if appropriate, Annexes III , IV , V, VI and X to the amended Directive, modified as follows–
i
for the purposes of each Type O test conducted in accordance with Annex II–
a
a laden vehicle shall be a vehicle laden with the maximum technically permissible mass specified by the manufacturer for the vehicle speed specified for the test;
b
for a trailer which is designed and constructed for use in a combination of vehicles in Category 3 and for which X (which is stated in the amended Directive as being a percentage of the force corresponding to the maximum mass borne by the wheels of the stationary vehicle) is specified in paragraph .2.1.2.1. of Annex II as having the values of 45 or 50, X shall have the value of 30;
c
for a trailer mentioned in (b) above and for which the test speed is specified in paragraph 2.2.1.2.1. of Annex II as 60 km/h, the test speed shall be 48 km/h;
d
for a drawing vehicle in category N3 which is designed and constructed for use with a semi-trailer within the meaning of the Construction and Use Regulations in a combination of vehicles in Category 3, if the performance of a service braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.1.1.1. of Annex II shall be
0.15v + v 2 , 77.5 ,
or, if the performance of the device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration at normal engine speed in paragraph 2.1.1.1.1. of Annex II shall be at least 3 m/s 2 ;
e
for a drawing vehicle in category N3 mentioned in (d) above, if the performance of a secondary braking device is determined by measuring the stopping distance in relation to the initial speed, the stopping distance in paragraph 2.1.2.1. of Annex II shall be
0.15v + v 2 37.5 ,
or, if the performance of the device is determined by measuring the reaction time and the mean deceleration, the mean braking deceleration in paragraph 2.1.2.1. of Annex II shall be at least 1.45 m/s 2 ;
ii
the requirements of paragraphs 2.2.1.22 and 2.2.2.13 of Annex I and 1.1.4.2 and 1.4 of Annex II shall not apply;
iii
in Annex I, in paragraph 2.2.1.23 the words “not mentioned in item 2.2.1.22 above” and in paragraph 2.2.2.14 the words “not mentioned in item 2.2.2.13 above” shall not apply;
iv
for the purposes of Type I tests conducted in accordance with paragraph 1.3 of Annex II on a vehicle which is designed and constructed for use in a combination of vehicles in Category 3, a laden vehicle shall be a vehicle laden with the heaviest weight possible without the total weight imposed on the road by all the wheels of any one axle exceeding 12,500 kilograms; and
v
if suitable and sufficient wheel chocks are provided in readily accessible positions and capable, when used in conjunction with any parking brakes fitted to the vehicle, of holding the vehicle stationary when loaded to its maximum mass on a gradient of 12%, the requirements of paragraph 2.1.3.2 of Annex II shall not apply;
.
Cecil Parkinson
Secretary of State for Transport
8th September 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment No. 2 Regulations 1989 and shall come into force on 1st April 1989.
2
In these Regulations “the General Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 11 of the General Regulations
2
In regulation 11 of the General Regulations (restrictions on unreasonable rents)–
a
after paragraph (1) there shall be inserted the following paragraph–
1A
Where a rent has been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 , the claimant’s eligible rent determined in accordance with regulation 10 shall not exceed the rent determined by the committee.
;
b
in paragraph (2)–
i
for the reference “(3) and (4)” there shall be substituted the reference “(3) to (4)”;
ii
at the beginning of sub-paragraphs (a) and (c) there shall be inserted the words “whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 121 of the Housing Act 1988 or, as the case may be, section 70 of the Housing (Scotland) Act 1988, or otherwise”;
c
after paragraph (3) there shall be inserted the following paragraphs–
3A
No deduction shall be made under paragraph (2) for a period of 12 months from the date of death of any person to whom paragraph (7) applied or, had a claim been made, would have applied, if the dwelling which the claimant occupies is the same as that occupied by him at that date except where the deduction began before the death occurred.
3B
For the purposes of paragraph (3A), a claimant shall be treated as occupying the dwelling if paragraph (8) of regulation 5 (circumstances in which a person is to be treated as occupying a dwelling) is satisfied and for that purpose sub-paragraph (b) of that paragraph shall be treated as if it were omitted.
.
Amendment of regulation 12 of the General Regulations
3
In regulation 12 of the General Regulations (restrictions on rent increases)–
a
at the beginning there shall be inserted the words “Subject to paragraph (2),”; and after the words “if it considers” there shall be inserted the words “, whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 121 of the Housing Act 1988 or, as the case may be, section 70 of the Housing (Scotland) Act 1988, or otherwise,”;
b
at the end of that regulation there shall be added the following paragraphs–
2
No deduction shall be made under this regulation for a period of 12 months from the date of death of any person to whom paragraph (7) of regulation 11 (restrictions on unreasonable payments) applied or, had a claim been made, would have applied, if the dwelling which the claimant occupies is the same as that occupied by him at that date except where the deduction began before the death occurred.
3
For the purposes of paragraph (2), a claimant shall be treated as occupying the dwelling if paragraph (8) of regulation 5 (circumstances in which a person is to be treated as occupying a dwelling) is satisfied and for that purpose sub-paragraph (b) of that paragraph shall be treated as if it were omitted.
.
Amendment of regulation 82 of the General Regulations
4
In regulation 82 of the General Regulations (procedure on further review) after paragraph (1) there shall be inserted the following paragraph–
1A
Notwithstanding paragraph (1) where the appropriate authority has applied for a re-determination by a rent officer in exercise of a function conferred on him by an order under section 121 of the Housing Act 1988 or, as the case may be, section 70 of the Housing (Scotland) Act 1988 the Review Board may, if it considers it appropriate in the circumstances, hold the hearing after the re-determination but as soon as is reasonably practicable thereafter.
.
Amendment of regulation 95 of the General Regulations
5
In regulation 95 of the General Regulations (withholding of benefit) after paragraph (6) there shall be added the following paragraph–
7
Where a rent officer has notified an authority that he has been denied entry to the dwelling for the purpose of making a determination or re-determination in exercise of a function conferred on him by an order under section 121 of the Housing Act 1988 or, as the case may be, section 70 of the Housing (Scotland) Act 1988, an authority may withhold payment of a rent allowance, if–
a
in a case where entry has been denied by the claimant, payment would have been made either to the claimant or directly to his landlord; or
b
in a case where entry has been denied by the landlord, direct payment would have been made to the landlord,
and for so long as the rent officer continues to be denied entry to the dwelling.
.
Insertion of Part XIV into the General Regulations
6
After Part XIII of the General Regulations (overpayments) there shall be inserted the following Part–
PART XIV
miscellaneous
Evidence and information required by rent officers
106
The appropriate authority shall furnish as soon as is reasonably practicable such information or evidence relating to a claimant and his accommodation obtained by it in exercise of its functions relating to housing benefit as may be required by a rent officer for the purpose of a function conferred on him by an order under section 121 of the Housing Act 1988 or, as the case may be, section 70 of the Housing (Scotland) Act 1988.
.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 1989 and shall come into force for the purposes of regulations 2(2), 2(6)(b)(ii), 2(7)(b)(i)(aa), and 4(1) on 10th April 1989 and for all other purposes on 27th February 1989.
2
In these Regulations–
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ; and
“the Payments on account, Overpayments and Recovery Regulations ” means the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 .
Amendment of the Claims and Payments Regulations
2
1
The Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (d) there shall be added the following paragraph–
e
in the case of retirement allowance .
.
3
In paragraph (3) of regulation 9 (interchange with claims for other benefits) for the word“of” in the third place where it occurs there shall be substituted the word“in”.
4
Regulation 12 (self-certified claims for first 7 days of a spell of incapacity for work) shall be omitted.
5
In regulation 26 (income support)–
a
in paragraph (2)–
i
after the word“increased” there shall be inserted the words“or reduced”,
ii
after the word“increase” in the first place where it occurs there shall be inserted the words“or reduction,” and
iii
after the word“increase” in the second place where it occurs there shall be inserted the words“or disregard the reduction”;
b
for paragraph (3) there shall be substituted the following paragraph–
3
Where income support is payable to a beneficiary by means of a book of serial orders and a payment to a third party under Schedule 9 is increased on review so that the amount of income support payable to the beneficiary is reduced by an amount which with any previous reduction is less than 50 pence per week, the Secretary of State may make the payment to the third party and disregard the reduction in respect of the beneficiary for the period to which the book relates.
;
c
in paragraph 4 for the words“is paid” there shall be substituted the words“may be paid”.
6
In Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases)–
a
after paragraph 2 (time of payment) there shall be inserted the following paragraph–
2A
1
For the purposes of this paragraph–
a
“public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays, and
b
“office closure” means a period during which an office of the Department of Social Security or associated office is closed in connection with a public holiday.
2
Where income support is normally paid in arrears and the day on which the benefit is payable by reason of paragraph 3 is affected by office closure it may for that benefit week be paid wholly in advance or partly in advance and partly in arrears and on such a day as the Secretary of State may direct.
3
Where under this paragraph income support is paid either in advance or partly in advance and partly in arrears it shall for any other purposes be treated as if it was paid in arrears.
;
b
in paragraph 7 (date when change of circumstances is to have effect)–
i
in sub-paragraph (1)–
aa
in head (b) for the words“next following such day” there shall be substituted the words“next following such day, and”, and
bb
after head (b) (so as to follow on from it and form a full out provision to sub-paragraph (1)) there shall be added the words–
for the purposes of this paragraph any period of residence in temporary accommodation pursuant to arrangements for training under section 2 of the Employment and Training Act 1973 for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.
,
ii
sub-paragraph (3)(e) shall be omitted,
iii
in sub-paragraph (4) for the words“in sub-paragraphs (3)(b) to (f)” there shall be substituted the words“in sub-paragraph 3(b), (c), (e), (f) and (g)”, and
iv
after sub-paragraph (4) there shall be added the following sub-paragraph–
4A
Where, in the case set out in sub-paragraph (3)(d), the circumstances which have caused the award to be changed cease to apply and the award is changed again that change of circumstances shall be treated as taking effect from the day after the date of the second change.
.
7
In Schedule 9 (deductions from benefit and direct payment to third parties)–
a
in paragraph 1 (interpretation)–
i
for the definition of“income support” there shall be substituted the following definition–
`income support' means income support under Part II of the Social Security Act 1986 and includes transitional addition, personal expenses addition and special transitional addition as defined in the Income Support (Transitional) Regulations 1987 ;
,
ii
the definition of“prisoner” shall be omitted;
b
in paragraph 4 (miscellaneous accommodation costs)–
i
in sub-paragraph (1)–
aa
the words“board and lodging accommodation or” shall be omitted, and
bb
for the words“a hostel run by a voluntary organisation and which is akin to a resettlement unit” there shall be substituted the words“run by a voluntary organisation either for purposes similar to the purposes for which resettlement units are provided”,
ii
in sub-paragraph (2)–
aa
for the words“In relation to miscellaneous accommodation costs the amount” there shall be substituted the words“Subject to sub-paragraph (3), in relation to miscellaneous accommodation costs the amount”,
bb
for the words“under the above paragraphs” there shall be substituted“under sub-paragraph (1)”,
cc
in head (c) for the words“under paragraph 13(a),” there shall be substituted the words“under paragraph 13(1)(a), (b), (c) or (e),”
iii
after sub-paragraph (2) there shall be added the following sub-paragraphs–
3
In relation to miscellaneous accommodation costs, where an award of income support is calculated in accordance with Part VII of the Income Support Regulations, (calculation of income support for part-weeks) the amount of any payment of income support to a third party determined under sub-paragraph (1) shall be–
a
where the amount is calculated under regulation 73(1) of the Income Support Regulations an amount calculated in accordance with sub-paragraph (2)(a), (b) or as the case may be (c), divided by the number of days in the part-week; or
b
where the amount is calculated under regulation 73(2) of those regulations an amount calculated in accordance with regulation 73(4)(a)(i) or (b)(i) as the case may be;
and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies it would be impracticable to do so in that particular case.
4
Where the amount calculated under sub-paragraphs (2) or (3) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made the amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.
;
c
in paragraph 7 (water charges)–
i
in sub-paragraph (1)–
aa
the words“to an amount not less than half the annual charge” shall be omitted, and
bb
for the words“charges for that undertaker).” there shall be substituted the words“charges for that undertaker) except where the amount of the debt is less than half the annual charge when the adjudicating authority shall only so determine if in the opinion of that authority it would be in the interests of the family to do so.”,
ii
in sub-paragraph (3)–
aa
for the words“The weekly amount to be paid” there shall be substituted the words“Subject to sub-paragraph (3A), the weekly amount to be paid”,
bb
in head (b) for the words“the continuing need for water charges.” there shall be substituted the words“the continuing need for water charges; and”,
cc
after head (b) (so as to follow on from it and form a full-out provision to sub-paragraph (3)) there shall be added the words“and the adjudicating authority may direct that, when the debt is discharged, the amount determined under head (b) shall be the amount deductible”, and
dd
in sub-paragraph (1)(b) of paragraph 9 (priority as between certain debts) for the reference to paragraph 2(a) there shall be substituted a reference to paragraph 2(1)(a);
iii
after sub-paragraph (3) there shall be added the following sub-paragraph–
3A
Where water charges are determined by means of a water meter, the weekly amount to be paid in accordance with sub-paragraph (1) shall be either–
a
an amount equal to the estimated average weekly cost necessary to meet the continuing need for the water charge; or
b
where, since the date of the determination under head (a), the average weekly cost estimated has either been exceeded or has proved insufficient to meet the actual cost of continuing consumption so that in respect of any continuing need for the water charge, the beneficiary, or his partner, is in credit, or, as the case may be, a further debt has accrued, the adjudicating authority may determine that the weekly amount calculated under head (a) shall, for a period of 26 weeks, be adjusted so as to take account of that credit or further debt.
.
Amendment of the Payments on account, Overpayments and Recovery Regulations
3
In the definition of“benefit” in regulation 1(2) of the Payments on account, Overpayments and Recovery Regulations (interpretation) for the words“any payment under section 32(2)(a) of the Act (maternity and funeral expenses)” there shall be substituted the words“any social fund payment under sections 32(2)(a) and 32(2A) of the Act”.
Revocations
4
1
Paragraph 7(4) of Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases) to the Claims and Payments Regulations, to the extent that it relates to sub-paragraph 3(e), is hereby revoked.
2
Regulation 1(2) interpretation, to the extent that it relates to the definition of the Payments on account, Overpayments and Recovery Regulations and regulation 4 (amendment of the Payments on account, Overpayments and Recovery Regulations) of the Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st February 1989


text:
Citation and commencement
1
This Order may be cited as the Bure Valley Railway Light Railway Order 1989 and shall come into force on 11th May 1989.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them–
“ the Board ” means the British Railways Board;
“the Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;
“ the Company ” means the Bure Valley Railway Limited incorporated under the Companies Act 1985 and having its registered office at Boundary Road, Great Yarmouth, Norfolk, NR31 0JY;
“ the Council ” means the Broadland District Council;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Secretary of State for Transport;
“the lease” means any lease granted under paragraph (1) of article 7 (Leasing of railway to Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operators” means the Council or, during the currency of the term created by the lease, the Company;
“the principal Act ” means the Light Railways Acts 1896 and 1912, as amended by the Railways Act 1921;
“the railway” means the railway authorised to be constructed, made and maintained by the operators pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part;
“telecommunications apparatus” has the meaning given by paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984 ;
“the transfer date” means the day on which the Board’s railway or any part thereof is vested in the Council by virtue of an agreement made under article 4 (Transfer of Board’s railway to Council) of this Order.
Incorporation and application of enactments
3
1
The provisions of the Railways Clauses Consolidation Act 1845 (except sections 8, 11 to 15, 17, 22, 46 to 66, 88 to 95 and 112 to 124) are incorporated with and form part of this Order so far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order.
2
In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order–
a
this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions;
b
sections 7, 9, 10 and 162 shall be read, construed and have effect as if the “proper officer of the County Council of the County of Norfolk” had been referred to therein instead of the “Clerks of the Peace”;
c
sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 .
3
Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following enactments shall apply to the railway:–
Regulation of Railways Act 1868 –
Section 22 (means of communication between passengers and the Company’s servants to be provided);
Regulation of Railways Act 1889 –
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
4
In its application to the railway the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
5
Without prejudice to the generality of the foregoing, sections 116, 117, 118 and 119 of the Transport Act 1968 shall apply to the railway as if references therein to the Board were references to the operators.
Transfer of Board’s railway to Council
4
1
The Board and the Council may enter into and carry into effect agreements providing for the transfer to and vesting in the Council of the Board’s railway or any part thereof on such terms and conditions as may be agreed between the Board and the Council.
2
Except as may be otherwise provided in this Order, as from the transfer date the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway or such part thereof as is transferred pursuant to this Order (insofar as the same are still subsisting and capable of taking effect) and the Council shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Power to make railway
5
1
Subject to the provisions of this Order the operators may construct, make and maintain the railway hereinafter described in the lines and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections, together with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities.
2
The said railway is–
A railway wholly situated in the county of Norfolk commencing in the parish of Aylsham in the district of Broadland at National Grid reference TG 619540326456 and thence proceeding in a generally south-easterly direction through the parishes of Aylsham, Brampton, Buxton with Lammas and Coltishall in that district, thence through the parish of Tunstead in the district of North Norfolk, the parish of Belaugh in the district of Broadland and the parish of Hoveton in the district of North Norfolk and there terminating at National Grid reference TG 630300318646.
3
In the construction of the railway the operators may deviate from the line or situation of the whole or any part thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the level shown on the deposited sections of so much of the railway or any part thereof as extends 13.7 kilometres from its point of commencement to any extent not exceeding 2 metres upwards or downwards or to such further extent as may be found necessary or convenient and as may be sanctioned by the Secretary of State.
4
Subject to the provisions of this Order, the railway may be worked as a light railway under the principal Act and the operators may within the limits of deviation shown on the deposited plans maintain, reconstruct, repair, alter and renew the railway with all necessary works and conveniences connected therewith.
Interference with roads and footpaths
6
1
The operators may for the purposes of constructing the railway enter upon, open, break up, alter and interfere with so much of the road known as the Aylsham bypass and any of the roads and footpaths described in Schedule 2 to this Order as lie within the limits of deviation shown on the deposited plans.
2
During and for the purpose of the construction of the railway, the operators may temporarily stop up and divert and interfere with any road or footpath and may for any reasonable time divert the traffic therefrom and prevent all persons other than those bona fide going to or from any land, house or building abutting on the road or footpath from passing along and using the same.
3
The operators shall provide reasonable access for persons on foot bona fide going to or from any such land, house or building.
4
The operators shall not exercise the powers of this section without the consent of the highway authority but such consent shall not be unreasonably withheld and any question as to whether such consent has been unreasonably withheld shall be determined by arbitration.
5
The operators shall not exercise the powers of this article with respect to any road unless they have given not less than 21 days' previous notice in writing of their intention so to do to–
a
the traffic commissioners in whose area the road is situate; and
b
the operator over that road of a local service as defined in the Transport Act1985 ;
except in case of emergency when such notice as is practicable shall be given.
6
The exercise by the operators of the powers of this section in relation to any road or footpath shall not prejudice or affect the right of telecommunication operators to maintain, inspect, repair, renew or remove telecommunications apparatus or break open that road or footpath for any of those purposes.
Leasing of railway to Company
7
1
The Council may subject to paragraph (3) below lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 (Transfer of Board’s railway to Council) on such terms and conditions as may be agreed between the Council and the Company.
2
Subject to paragraph (3) below during the continuance and subject to the terms of any such lease the Company shall to the exclusion of the Council be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by or under this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.
3
Nothing in this article shall enable the Council to transfer to the Company any obligation transferred to or imposed upon the Council under this Order to maintain or repair any bridge carrying a highway over the railway or the railway over a highway.
Gauge of railway and motive power
8
The railway shall be constructed and operated on a nominal gauge of 15 inches (381 millimetres) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus or with telecommunication by means of such apparatus.
Level crossings
9
1
The operators may in the construction of the railway and within the limits of deviation as shown on the deposited plans carry the railway with a single line across and on the level of the roads and footpaths described in Schedule 2 to this Order and across any accommodation crossing or right of way existing upon or over the Board’s railway.
2
Notwithstanding anything in any other enactment, the operators shall, subject to such requirements as the Secretary of State may from time to time lay down, provide, maintain and operate at or near the level crossings of the roads described in Schedule 2 to this Order such barriers, lights, traffic signs and automatic or other devices and appliances as may be approved by the Secretary of State.
3
Nothing contained in or incorporated with this Order shall require the provision of any lodge, or other building, keeper or watchman at any level crossing.
Restrictions and conditions as to working of railway
10
1
The operators shall not use upon the railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The operators shall not run any train or engine upon any part of the railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the operators shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of the public using the railway.
4
If the operators contravene any of the provisions of this article, they shall be liable on summary conviction to a fine not exceeding £100.
Expenditure outside district
11
The capital expenditure of the Council on the part of the railway outside their district shall not exceed £100,000 or such other sum as the Secretary of State may under the circumstances think fit.
Public liability insurance
12
1
In this article–
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in Great Britain or in Northern Ireland insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than £1 million.
2
a
The operators shall not work the railway unless there is in force a policy in accordance with the provisions of this article.
b
If the operators contravene the provisions of this article they shall be liable on summary conviction to a fine not exceeding £2,000 or, on conviction on indictment, to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the operators.
For protection of Norfolk County Council
13
For the protection of the Norfolk County Council (in this article referred to as “the county council”) the following provisions shall, unless otherwise agreed in writing between the operators and the county council, apply and have effect:–
1
In this article–
“highway” means any highway vested in or repairable or maintainable by the county council;
“the new bridge” means any bridge or structure to be constructed under the provisions of this Order for carrying the road known as the Aylsham bypass over the railway;
“plans” includes sections and particulars;
“specified works” means the new bridge and so much of the railway as may in any way affect any highway or any bridge carrying a highway over the railway or the railway over a highway:
2
Before commencing the construction of any of the specified works, the operators shall submit to the county council for their reasonable approval plans thereof and, notwithstanding anything shown on the deposited plans and the deposited sections, the work to which such plans relate shall not be constructed otherwise than in accordance with such plans as may be approved by the county council as aforesaid, or, if such approval be refused, as may be settled by arbitration, and any part of the construction of the specified works which may involve interference with a highway shall be carried out under the supervision (if given) and to the reasonable satisfaction of the county council:
Provided that, if within 56 days after the submission to them of plans in accordance with the provisions of this paragraph the county council do not signify their approval or disapproval thereof and the grounds for such disapproval, they shall be deemed to have approved thereof:
3
Notwithstanding anything in this Order or shown on the deposited plans the new bridge shall be designed, constructed and maintained so as to provide for loadings to be agreed in advance by the county council and the operators shall indemnify the county council against and make good to the county council all expenses which the county council may reasonably incur or be put to in the maintenance or repair of any highway, drain or apparatus therein by reason of any non-compliance by the operators with the provisions of this paragraph:
4
a
Before commencing to construct any part of the specified works which will involve interference with a highway the operators shall consult the county council as to the time when such part shall be commenced, as to the extent of the surface of the highway which it may be reasonably necessary for the operators to occupy in the construction of such part and as to the conditions under which such part shall be constructed so as to reduce so far as possible inconvenience to the public and to ensure the safety of the public, and such part shall not be constructed and the surface of the highway shall not be occupied by the operators except at the time, to the extent and in accordance with such reasonable conditions as may be agreed between the operators and the county council or in default of agreement settled by arbitration;
b
Any such highway shall be reinstated by the operators in a manner reasonably approved by the county council and to their reasonable satisfaction:
5
The operators shall, at all reasonable times during the construction of any part of the specified works, afford to the engineer of the county council or his duly authorised representatives access to that part of the specified works for the purposes of inspection:
6
The structures of the new bridge shall be maintained by the Council:
7
a
The surface of the carriageway and footways of the new bridge and the verges thereof shall be vested in and maintained by the county council who shall have all such rights in relation to the subsoil and undersurface thereof as are necessary for the performance of their functions as highway authority:
Provided that the operators shall be liable to the county council for the maintenance of the surface of the carriageway and footways of the new bridge and the verges thereof for a period of 12 months after the date of completion;
b
In this paragraph “the date of completion” means the date upon which the new bridge is completed in accordance with the requirements of this article and open for public use or, in the case of a difference between the operators and the county council as to whether the said requirements have been complied with, until the matter in dispute has been referred to and determined by arbitration and the arbitrator has certified that the new bridge has been completed in accordance with his determination:
8
In carrying out any obligation transferred to or imposed upon the Council under this Order to maintain and repair any bridge carrying a highway over the railway or the railway over a highway, the Council shall do so in accordance with a scheme to be agreed with the county council, or in default of agreement to be settled by arbitration, which scheme shall include provision as to the frequency with which and manner in which an assessment of the condition of any such bridge is to be carried out, for the submission of the results of any such assessment to the county council and for any work to such a bridge found to be necessary as a result of such an assessment to be carried out in accordance with such reasonable conditions as may be imposed by the county council:
9
The operators shall keep the county council indemnified against all actions, costs, claims and demands whatsoever brought or made against the county council by any person in respect of loss or damage caused by, or in consequence of, the construction of any of the specified works and the fact that any act or thing may have been done in accordance with plans approved by the county council or in accordance with any requirement of the county council or under their supervision shall not (if it was done without negligence on the part of the county council) excuse the operators from liability under the provisions of this article:
Provided that the county council shall give to the operators reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the operators:
10
The operators shall repay to the county council all costs, charges and expenses reasonably incurred by the county council–
a
in the examination of the plans submitted to the county council under this article in relation to any of the specified works;
b
in the supervision by the county council, where given under this article, or the inspection by their engineer under this article of the construction of the specified works; and
c
in the inspection of any bridge by their engineer pursuant to a scheme made under paragraph (8) above and, where so provided by such a scheme, in the supervision of any works that may be carried out pursuant thereto:
11
Any difference arising between the operators and the county council under this article shall be referred to and settled by arbitration.
For protection of public gas suppliers
14
Nothing in this Order shall prejudice or affect the rights of any public gas supplier within the meaning of Part I of the Gas Act 1986 in any apparatus belonging to them, or for the maintenance of which they are responsible or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the railway may be constructed.
For protection of East Anglian Water Company
15
For the protection of the East Anglian Water Company (“the water company”) the following provisions shall, unless otherwise agreed in writing between the operators and the water company, apply and have effect:–
1
In this article, “the main” means the 24 inch diameter water main of the water company laid under the railway 110 metres or thereabouts from the point of termination of the railway in the parish of Hoveton or any main laid after the date of this Order in substitution for the main in position at that date and includes in either case all works and conveniences provided in connection therewith.
2
Nothing in section 18 of the Railways Clauses Consolidation Act 1845 as incorporated in this Order shall authorise the operators to raise, sink or otherwise alter the position of, or in any way to interfere with, the main.
3
a
The operators shall not within the limits of deviation and without the consent of the water company:–
i
place or deposit any materials or erect any structure or works other than a single line of rails; or
ii
make any excavation to a depth of more than 300 mm below the surface of the ground,in so far as the same is or would be carried out or situated within 15 metres (measured in any direction) of any part of the main.
b
The water company shall not unreasonably withhold their consent under this paragraph but may grant their consent subject to reasonable conditions for the protection of the main.
4
The operators shall afford reasonable facilities to the water company for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove or use the main.
5
The operators shall make compensation to the water company–
a
for any damage caused to the main; and
b
for any other expenses, loss, damages, penalty or costs incurred by the water company,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the operators of the powers of this Order:
Provided that nothing in this paragraph shall entitle the water company to any payment in respect of damage attributable to the neglect or default of the water company, its servants or agents.
6
Nothing in this Order shall prejudice or affect the rights of the water company in respect of the main or the provisions of any agreement regulating the relations between the operators and the water company with regard to the main and whether made before or after this Order comes into force.
7
Any difference arising between the operators and the water company under this article shall be referred to and settled by arbitration.
Arbitration
16
Where under any provision of this Order any difference (other than a difference as to the meaning or construction of any such provision) is to be determined by arbitration, then such difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Costs of Order
17
All costs, charges and expenses of, and incidental to, the preparing for, obtaining and making of this Order, or otherwise in relation thereto, shall be paid by the Council and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J.R. Coates
An Under Secretary in the
Department of Transport
10 May 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1989 and shall come into force on 1st January 1990.
2
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Substitution of regulation 4 of the principal Regulations
2
For regulation 4 of the principal Regulations (effect and calculation of capital) there shall be substituted the following regulation —
Effect and calculation of capital
4
1
Where a claimant is aged —
a
60 or over and has capital which is in excess of £1,000; or
b
under 60 and has capital which is in excess of £500, a payment in respect of a period of cold weather which, but for this regulation, would be payable shall be payable only if, and to the extent that, the amount of the payment is more than the excess.
2
For the purposes of paragraph (1) —
a
any capital possessed by any person whose capital is, for the purposes of entitlement to income support, treated as that of the claimant by virtue of section 22(5) of the Act or the provisions of regulation 23(3) of the General Regulations (calculation of income and capital) shall be treated a that of the claimant; and
b
any capital shall be calculated in the same manner as the claimant’s capital is calculated under the General Regulations for the purposes of determining his entitlement to income support.
.
Amendment to the Schedule to the principal Regulations
3
In the Schedule to the principal Regulations —
a
in paragraph 3 (Aughton), column (2), for the words “Bowland-with-Leagrain” there shall be substituted the words “Bowland with Leagram”;
b
in paragraph 20 (Easthampstead), column (2), the words “In the County of SURREY” to the end of the paragraph shall be deleted;
c
in paragraph 24 (Exeter), column (2), delete the existing paragraph and insert the following —
In the county of CORNWALL Comprises: Part District of CARADON Consisting of the parishes of: Callington, Calstock, Linkinhorne, Liskeard, Menheniot, St Cleer, St Dominick, St Ive, St Mellion, St Neot, South Hill, Warleggan.
Part District of NORTH CORNWALL Consisting of the parishes of: Advent, Altarnun, Blisland, Boyton, Bude Stratton, Camelford, Cardinham, Davidstow, Egloskerry, Forrabury and Minster, Helland, Jacobstow, Kilkhampton, Laneast, Launcells, Launceston, Lawhitton Rural, Lesnewth, Lewannick, Lezant, Marhamchurch, Michaelstow, Morwenstow North Hill, North Petherwin, North Tamerton, Otterham, Poundstock, St Breward, St Clether, St Endellion, St Gennys, St Juliot, St Kew, St Mabyn, St Minver Highlands, St Minver Lowlands, St Stephens by Launceston Rural, St Teath, St Thomas the Apostle Rural, St Tudy, South Petherwin, Stoke Climslad, Tintagel, Tremaine, Treneglos, Tresmeer, Trevalga, Trewen, Warbstow, Week St Mary, Werrington, Whitstone. In the County of Devon
Comprises:The City of EXETER
The Borough of TORBAY
The District of EAST DEVON
The District of MID DEVON
The District of TEIGNBRIDGE
Part Borough of WEST DEVON
Consisting of the parishes of: Ashbury, Beaworthy, Belstone, Bondleigh, Bratton Clovelly, Bridestowe, Broadwoodkelly, Chagford, Drewsteignton, Exbourne, Germansweek, Gidleigh, Hatherleigh, Highampton, Iddesleigh, Inwardleigh, Jacobstowe, Kelly and Bradstone, Lewdon, Linton, Meeth, Monkokehampton Northlew, North Tawton, Okehampton, Okehampton Hamlets, Sampford Courtenay, Sourton, South Tawton, Spreyton, Stowford, Throwleigh.
Part District of SOUTH HAMS
Consisting of the parishes of: Ashprington, Berry Pomeroy, Cornworthy, Dartington, Dartmouth, Dean Prior, Diptford, Dittisham, Halwell, Harberton, Holne, Kingswear, Littlehempston, Marldon, Moreleigh, North Huish, Rattery, South Brent, Staverton, Stoke Gabriel, Totnes, West Buckfastleigh.
Part District of TORRIDGE
Consisting of the parishes of: Abbots Bickington, Ashwater, Black Torrington, Bradford, Bradworthy, Bridgerule, Broadwoodwidger, Clawton, Cookbury, Halwill, Hollacombe, Holsworthy, Holsworthy Hamlets, Luffincott, Milton Damerel, Northcott, Pancrasweek, Pyworthy, St Giles on the Heath, Sutcombe, Tecott, Thornbury, Virginstow, West Putford.
;
d
in paragraph 25 (Finningley), column (2), after the words “The Borough of BARNSLEY” the words “except that part consisting of the areas of Darton and Woolley Colliery” shall be deleted;
e
in paragraph 27 (Gatwick Airport), column (2) —
i
in the reference to the County of Surrey, the words “The Borough of Surrey Heath” shall be inserted after the words “The Borough of Runnymede”;
ii
after the words “Part Borough of ELMBRIDGE Consisting of the”, the word “areas” shall be deleted and there shall be substituted the word “towns”;
iii
the words “Part Borough of Surrey Heath” to “Windlesham” shall be deleted;
f
in paragraph 29 (Heathrow Airport), column (2) —
i
after the words “Part District of EPPING FOREST Consisting of the”, the word “areas” shall be deleted and there shall be substituted the word “parishes”;
ii
the words after “Part Borough of ELMBRIDGE” to “Old Esher Urban District Council” shall be deleted and there shall be substituted the words “Except the towns of Walton-on-Thames, Weybridge”;
g
in paragraph 34 (Leeds Weather Centre), column (2) —
i
after the words “Wintringham, Yedingham” from the words “In the County of SOUTH YORKSHIRE” to the words “Darton and Woolley Colliery” shall be deleted;
ii
the words “the City of Wakefield” shall be deleted and there shall be substituted the words “Wakefield Metropolitan District”;
h
paragraph 45 (Okehampton), column (1) and (2) shall be deleted in its entirety.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
19th December 1989


text:
Citation and commencement
1
1
These Regulations may be cited as the Health and Safety (Fees) (Amendment) Regulations 1989 and shall come into force on 29th January 1990.
Amendment of fees
2
1
The Health and Safety (Fees) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 3(1)–
a
in sub-paragraph (a)(iv), for the semi-colon substitute “, and”;
b
after sub-paragraph (a)(iv), insert the following:
v
under the Control of Substances Hazardous to Health Regulations 1988 ; and
;
c
omit sub-paragraph (b).
3
For regulation 4 substitute the following regulation:
Fees Payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable for the approval of each subject matter described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
.
4
For regulation 7 substitute the following regulation:
Fees payable for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6–
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987 , that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
.
5
In regulation 14, omit “4(3),”.
6
For Part I of Schedule 2 substitute the following Part:
PART I
APPROVALS OF BLASTING HELMETS, OTHER RESPIRATORY PROTECTIVE EQUIPMENT AND AUTOMATIC SAFE LOAD INDICATORS
(1) (2) Subject matter of approval Fee
a
Approval of blasting helmets
£40
b
Approval of other respiratory protective equipment
£60
c
Approval of automatic safe load indicators
£32 per hour worked
7
For Schedule 3 substitute the following Schedule:
SCHEDULE 3
APPROVALS UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974
Regulation 4
(1) (2) Subject matter of approval Fee
a
Original approval of tractor cab
£145
b
Revision of an existing approval of a tractor cab
£72
8
For Schedule 6 substitute the following Schedule:
SCHEDULE 6
FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER
Regulation 7
Additional fees where appropriate Provision Reference Basic fee Fee for X-rays Fee for laboratory tests (1) (2) (3) (4) (5)
a
The Work in Compressed Air Special Regulations 1958
S.I. 1958/61 (relevant amending instrument is S.I. 1973/36 ). £31 £32 £18.50
b
The Ionising Radiations Regulations 1985
S.I. 1985/1333 £13 where surveillance is confined to examination of, and making entries in, records. £42 in other cases £32 £18.50
c
The Control of Asbestos at Work Regulations 1987
S.I. 1987/2115 £37 £29 £16.50
d
The Control of Substances Hazardous to Health Regulations 1988
S.I. 1988/1657 £31 £32 £18.50
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State
Department of Employment
15th December 1989


text:
1
These Regulations may be cited as the Insolvency Practitioners (Amendment) (No.2) Regulations 1989 and shall come into force on the day after they are laid before Parliament.
2
1
The Insolvency Practitioners Regulations 1986 shall be amended as follows.
2
In Regulation 6 (practical training and experience requirements for applicants), after paragraph (5) add–
5A
For the purposes of paragraph (2) above, the reference to an insolvency practitioner in the definition of office-holder in Regulation 1(3) shall be construed in accordance with section 388 of the Act but without regard to subsection (5) of that section and references to an office-holder who has been appointed or to a person who has been appointed an office-holder shall include references to the official receiver in any case where the official receiver is or has been an office-holder whether by virtue of his office or otherwise.
.
John Redwood
Parliamentary Under-Secretary of State
Department of Trade and Industry
23rd November 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for the purpose of through traffic.
4
The length of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Leicestershire that the new trunk road is open for through traffic.
5
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/EM57 marked “The A47 Trunk Road (East Norton Bypass) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order; and
iv
“the Trunk Road”
means the A47 Trunk Road.
6
This Order shall come into force on 21st September and may be cited as the A47 Trunk Road (East Norton Bypass) Order 1989.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
1st September 1989


text:
1
This Order may be cited as the Public Telecommunication System Designation (Lancashire Cable Television Limited) Order 1989 and shall come into force on 4th December 1989.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under-Secretary of State
Department of Trade and Industry
3rd November 1989


text:
1
This Order may be cited as the Water Authorities (Transfer of Functions) (Appointed Day) Order 1989.
2
1st September 1989 is appointed as the transfer date for the purposes of section 4 of the Water Act 1989.
Chris Patten
Secretary of State for the Environment
16th August 1989
Signed by the authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
18th August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Control of Pollution (Registers) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“the 1989 Act ” means the Water Act 1989; and any reference in these Regulations to a numbered section is a reference to that section of that Act;
“Chapter I” means Chapter I of Part III of the 1989 Act;
“map reference”, in relation to any place, means the group of two letters and six or more figures representing the map co-ordinates of the place referred to on the grid of the national reference system used by the Ordnance Survey on its maps and plans;
“relevant event” means the service, making, giving or issue of such notice, application, consent or certificate as is referred to in section 117(1)(a) to (d); and
“the register” means the registers which it is the duty of the National Rivers Authority (“the Authority”) to maintain in pursuance of section 117(1).
General provisions as to entries in the register
3
1
The register shall be so indexed as to enable information relating to a particular discharge or to a particular place to be traced and the index may contain a map.
2
Subject to regulation 7(3), entries shall be made within 28 days of the relevant event.
3
Every entry contained in the register shall state the date on which that entry was first included in the register.
4
Where particulars of any place are required by these Regulations to be included in an entry in the register, those particulars shall include the map reference of the place (or of a point within that place) unless the place is otherwise readily identifiable.
5
Entries shall be kept in the register for a period of five years from their date of entry; and thereafter for so long as the information provided by the entry may be necessary for the exercise of the Authority’s functions in respect of the control of pollution.
Notices served under section 105
4
The particulars to be included in the register in respect of notices served under section 105 (water quality objectives) are–
a
in the case of a notice served under section 105(1)–
i
the date of the notice;
ii
the waters to which the notice relates;
iii
the classification applicable to those waters; and
iv
the date specified in relation to that classification;
b
in the case of a notice served under section 105(4)–
i
the Secretary of State’s proposal; and
ii
the period within which representations or objections may be made; and
c
in the case of a notice served under section 105(6), the date specified in the notice.
Applications for consent
5
The particulars to be included in the register in respect of applications for consents under Chapter I are–
a
the name of the applicant;
b
the date on which the application was received by the Authority or the Secretary of State, as the case may be, and where the Secretary of State has given a direction pursuant to paragraph 4(1) of Schedule 12 to the 1989 Act, the date on which the application was transmitted to him;
c
the proposal to which the application relates; and
d
a copy of the information which, in compliance with a requirement imposed by the Authority or the Secretary of State, as the case may be, by virtue of paragraph 1(1) of the said Schedule 12, accompanied or supplemented the application.
Consents and conditions
6
1
The particulars to be included in the register in respect of consents given under Chapter I and the conditions to which such consents are subject are–
a
the name of the person to whom the consent is given;
b
the date of the consent and, if different from the date of the consent, the date on which it and any condition to which it is subject came into or comes into force;
c
the place at which the discharge is being or is to be made or, in the case of a consent given for the purposes of section 109(1), the activity is to take place;
d
particulars of any conditions to which the consent is subject;
e
particulars of any period specified as mentioned in paragraph 7(1) of Schedule 12 to the 1989 Act;
f
the enactment under which the consent is given and, when it is not given by the Authority, the name of the person who gave it;
g
particulars of any notice served in relation to the consent.
2
Where a consent or notice has been given or served by the Authority in compliance with a direction given by the Secretary of State under paragraph 4(7), 6(4) or 8(4) of Schedule 12 to the 1989 Act, the register shall include a statement to that effect.
Samples of effluent and water
7
1
The register shall–
a
contain such particulars as are mentioned in paragraph (2) with respect to samples taken by the Authority for the purposes of its functions under Chapter I;
b
indicate in relation to each sample so taken whether the requirements of section 148(1) (admissibility of analyses of samples) were complied with or are treated, by virtue of section 148(2), as having been complied with; and
c
contain such of the particulars mentioned in paragraph (2)(a) to (c) as may be ascertained from such information with respect to any sample taken by a person other than the Authority and the analysis of that sample as is acquired by the Authority from any person under arrangements made by it for the purposes of Chapter I.
2
The particulars mentioned in paragraph (1) are–
a
the date and time of day when the sample was taken;
b
the place where the sample was taken;
c
the result of the analysis of the sample; and
d
the steps (if any) taken by the Authority or by the other party to such arrangements as are mentioned in paragraph (1)(c) in consequence of the result of any such analysis.
3
Subject to paragraph (4), the particulars required by paragraph (2)(c) shall be entered on the register–
a
in the case of any analysis undertaken by or on behalf of the Authority, not later than two months after the day on which the sample was taken; and
b
in the case of any other analysis, within 28 days after the results of that analysis are notified to the Authority;
and the other particulars required by paragraph (1) shall be entered as soon as practicable.
4
Where the Authority or any other person initiates legal proceedings against any person in consequence of the taking of any such sample as is mentioned in paragraph (1), the relevant entry shall be made–
a
where the Authority initiates the proceedings, not later than 14 days after the final determination of those proceedings;
b
in any other case, not later than 14 days after the date on which the Authority was notified of the final determination of the proceedings.
Certificates issued under paragraph 1(7) of Schedule 12 to the 1989 Act: exemption from disclosure
8
The register shall contain, with respect to every certificate issued by the Secretary of State under paragraph 1(7) of Schedule 12 to the 1989 Act–
a
the name of the person to whom the certificate is issued, and the date of the certificate;
b
the place to which the relevant application, consent, sample or information relates; and
c
a statement of the things mentioned in paragraph 1(7)(a) of that Schedule to which the provisions of paragraph 1(3) of that Schedule and section 117(1) are not to apply.
Signed by authority of the Secretary of State
Michael Howard
Minister for Water and Planning,
Department of the Environment
6th July 1989
Peter Walker
Secretary of State for Wales
6th July 1989


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1989 and shall come into force on 3rd April 1989.
2
The Motor Vehicles (Tests) Regulations 1981 are hereby amended so that in the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there are substituted the amounts specified in column 3 of the Table.
TABLE
1 2 3 Regulation Existing amount Substituted amount
20(1)(b)(i) £34.50 £36.25 20(1)(b)(ii) £24 £25.25 20(4)(a)(i) £17 £17.75 20(4)(a)(ii) £12 £12.50 20(4)(b)(i) £34.50 £36.25 20(4)(b)(ii) £24 £25.25 23(2)(a) £7.50 £7.75
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1989


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 7) Order 1989.
2
The provisions of the Criminal Justice Act 1988 specified in the Schedule to this Order shall come into force on 3rd April 1989 but the provisions specified in Part I of that Schedule shall not apply in the case of a trial, or proceedings before a magistrates' court acting as examining justices, which began before that date.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
28th February 1989


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (“Do-It-Yourself” Builders) (Refund of Tax) Regulations 1989 and shall come into force on 1st January 1990.
Interpretation
2
In these Regulations–
“ the Act ” means the Value Added Tax Act 1983;
“claim” means a claim for refund of tax made pursuant to section 21 of the Act, and “claimant” shall be construed accordingly;
“prescribed form” means a form such as is contained in the Schedule to these Regulations or a form to the like effect which has been approved by the Commissioners;
“relevant building” means a building in respect of which a claimant makes a claim.
Method and time for making claim
3
A claimant shall make his claim in respect of a relevant building by–
a
furnishing to the Commissioners no later than three months after the completion of the building a prescribed form containing the full particulars required therein; and
b
unless the Commissioners otherwise allow, at the same time furnish to them–
i
a certificate of completion obtained from a local authority or such other documentary evidence of completion of the building as is satisfactory to the Commissioners;
ii
an invoice showing the registration number of the person supplying the goods, whether or not such an invoice is a tax invoice, in respect of each supply of goods on which tax has been paid which have been incorporated into the building or its site;
iii
in respect of imported goods which have been incorporated into the building or its site, documentary evidence of their importation and of the tax paid thereon;
iv
documentary evidence that planning permission for the building had been granted; and
v
a certificate signed by a quantity surveyor or architect, that the goods shown in the claim were or, in his judgment, were likely to have been, incorporated into the building or its site.
Revocation
4
The Value Added Tax (“Do-It-Yourself” Builders) (Relief) Regulations 1975 are hereby revoked.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th December 1989


text:
1
1
This Order may be cited as the Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 1989 and shall come into force on the day after the day on which it is made.
2
Articles 4, 5 and 6 of this Order do not extend to Northern Ireland.
3
In this Order “the Act of 1983 ” means the Representation of the People Act 1983.
2
The maximum amount of a candidate’s election expenses at a parliamentary election in a county constituency shall be varied by substituting, for tile words “£3,370” and “3.8p” in section 76(2)(a)(i) of the Act of 1983 , the words “£3,648” and “4.1p”, respectively.
3
The maximum amount of a candidate’s election expenses at a parliamentary election in a borough constituency shall be varied by substituting, for the words “£3,370” and “2.9p” in section 76(2)(a)(ii) of the Act of 1983 , the words “£3,648” and “3.1p”, respectively.
4
The maximum amount of a candidate’s election expenses at a local government election to which section 76(2)(b)(ii) of the Act of 1983 applies shall be varied by substituting, for the words “£150” and “3p” in that provision, the words “£162” and “3.2p”, respectively.
5
The maximum amount of a candidate’s election expenses at a ward election in the City of London shall be varied by substituting for the words “£150” and “3p” in section 197(1) of the Act of 1983 , the words “£162” and “3.2p”, respectively.
6
The maximum amount of a candidate’s election expenses at an election by liverymen in common hall shall be varied by substituting, for the words “15.8p” in section 197(2) of the Act of 1983 , the words “17.1p”.
7
Articles 2, 3, 5 6 and 7 of the Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 1987 shall cease to have effect.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
10th April 1989


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