text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Agricultural Levies (Export Control) Regulations 1988 and shall come into force on 1st January 1989.
2
In these Regulations–
“agricultural levy” means any tax or charge, not being a customs duty, chargeable under Community arrangements on agricultural products or on goods which are processed from agricultural products and are the subject of arrangements under Article 235 of the EEC Treaty;
“the Board” means the Intervention Board for Agricultural Produce;
and, without prejudice to paragraph (3) below, other expressions have the meaning that they have in the Customs and Excise Management Act 1979 .
3
For the purposes of these Regulations “specified commodities” are products that are subject to the provisions of articles 39 to 46 of the EEC Treaty (which are listed in Annex II to that Treaty) and such goods processed from those products as are set out in Annexes B and C to Council Regulation (EEC) No. 3035/80 , as substituted by Commission Regulation (EEC) No. 4055/87 .
Entry outwards of specified commodities
2
1
Every specified commodity shall be entered before exportation, or shipment as stores for use on a voyage or flight to an eventual destination outside the United Kingdom and the Isle of Man, and accordingly shall be dutiable or restricted goods for the purposes of Part V of that Act by virtue of section 52(1)(f) thereof and shall be entered in the manner provided by section 53 of the Customs and Excise Management Act 1979 (which relates to entry outwards of goods).
2
Nothing in paragraph (1) above shall be taken to require entry to be made of Community transit goods.
3
Part V of the Customs and Excise Management Act 1979 shall apply to entries of goods under this regulation as they apply to entries of goods under section 53 of that Act.
4
Exportation of a specified commodity, or its shipment as stores, other than in compliance with the requirements of section 53 or 58A of the Customs and Excise Management Act 1979 or the Commissioners' substituted requirements is prohibited.
Security for levies
3
1
Where, on the exportation of a specified commodity, a payment may become due to the Board in respect of agricultural levy, then before the exportation takes place, security for the payment shall be given to the satisfaction of the Board or, if the Commissioners in their discretion so permit and subject to any conditions they may impose, to the satisfaction of the Commissioners.
2
Exportation of a specified commodity for which security is required under this regulation is prohibited unless that security has been given.
Revocation
4
The Agricultural Levies (Export Control) Regulations 1983 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
6th December 1988


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Immigration Act 1988 (Commencement No. 1) Order 1988.
2
Subject to article 3 below, the provisions of the Immigration Act 1988 (“ the Act ”) specified in the Schedule to this Order shall come into force on 1st August 1988.
3
1
Section 1 of the Act (termination of saving in respect of Commonwealth citizens settled before 1973) shall not apply to a wife or child of a Commonwealth citizen settled in the United Kingdom on 1st January 1973 if the application of the wife or child for an entry clearance to come to the United Kingdom for settlement was made before 1st August 1988.
2
Section 2 of the Act (restriction on exercise of right of abode in cases of polygamy) shall not apply to a woman who has made an application for a certificate of entitlement in respect of the right of abode mentioned in sub-section (1)(a) of that section before 1st August 1988.
3
Section 4 of the Act (members of diplomatic missions) shall not apply to a person who has taken up the post referred to in section 8(3A) of the Immigration Act 1971 before 1st August 1988.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
1st July 1988


text:
1
These Regulations may be cited as the Block Grant (Education Adjustments) (England) (Amendment) Regulations 1988 and shall come into force on 6th October 1988.
2
1
For sub-paragraph (b) of regulation 6(3) of the Block Grant (Education Adjustments) (England) Regulations 1987 (“the principal regulations”) there shall be substituted the following sub-paragraph —
b
those attending a full-time course of less than 19 weeks duration shall not be counted;
.
2
After sub-paragraph (b) of regulation 6(3) of the principal regulations there shall be added the following sub-paragraph —
ba
those attending a part-time course of less than 11 days duration shall not be counted;
.
3
At the end of paragraph (5) of regulation 6 of the principal regulations there shall be added the following words —
and the calculation required by paragraph (3)(ba) above shall be made having regard only to those part-time courses the duration of which is recorded in that data in units of days.
.
3
In Schedule 1 to the principal regulations —
i
there shall be added to the list in paragraph (a)(iii) at the appropriate alphabetical position “Thames Polytechnic”;
ii
for the list in paragraph (a)(iv) there shall be substituted the following list —
Avery Hill College
Manchester Polytechnic
National Council of Young Men’s Christian Associations, in association with North East London Polytechnic
Thames Polytechnic
University of Ulster;
;
iii
there shall be added after paragraph (a)(iv) the following sub-paragraphs —
v
a course for the Diploma in Higher Education or for the degree of Bachelor of Education (Honours) provided by Crewe and AlsagerCollege of Higher Education;
vi
a course for the degree of Bachelor of Education provided by St Martin’s College, Lancaster;
vii
a course for the degree of Bachelor of Education in Youth and Community Studies provided by Westhill College of Education, Birmingham, Roehampton Institute of Higher Education or Thames Polytechnic;
viii
any other course of initial training for youth workers and/or community centre wardens endorsed by the Council for Education and Training in Youth Work and approved by the Joint Negotiating Committee for Youth Workers and Community Centre Wardens.
;
iv
for paragraph (b) there shall be substituted the following paragraph —
b
if he is, on 6th October 1988 a qualified teacher or becomes such before 1st January 1989
;
v
in paragraph (d) for the year 1984 there shall be substituted the year 1988;
vi
after paragraph (d) there shall be added the following paragraph —
e
if he has successfully completed a part-time apprenticeship scheme for youth workers and/or community centre wardens provided by —
Westhill College of Education, Birmingham and known as “Interface”,
Goldsmiths College, London and known as “Turning Point”, or
the City of Sheffield and known as “the Community Work Apprenticeship Scheme”;
.
4
In Schedule 2 to the principal regulations there shall be added after paragraph 2(1) (g)(iii) the following sub-paragraph —
iiia
a General Certificate of Secondary Education recording that the Student attained grade C or above in at least five subjects or,
.
Kenneth Baker
Secretary of State for Education and Science
7th September 1988


text:
Citation and Commencement
1
These Regulations may be cited as the Ministry of Defence Police (Representation at Disciplinary Proceedings) Regulations 1988 and shall come into force on 20th July 1988.
Legal Representation at Disciplinary Hearings
2
1
Where the officer (hereinafter referred to as“the disciplinary officer”) responsible for formulating disciplinary charges against a member of the Ministry of Defence Police of the rank of chief superintendent or below is of the opinion that there should, on a finding of guilt, be available the punishments of dismissal, requirement to resign or reduction in rank, he shall, on the copy of the discipline form served on the member, give the member an opportunity to elect, in the manner prescribed therein, either to be legally represented at the disciplinary hearing or to be represented by another member of the Ministry of Defence Police.
2
The disciplinary officer shall also inform in writing the member of the Ministry of Defence Police entitled to elect to be legally represented at the disciplinary hearing that he may be so represented either by counsel or by a solicitor.
3
Any member of the Ministry of Defence Police, upon whom a discipline form is served, and who, under Regulation 2(1), is entitled to elect to be legally represented, shall, within fourteen days of such service, signify in the manner prescribed on the discipline form whether or not he wishes to be legally represented at the disciplinary hearing.
4
For the purposes of these Regulations the discipline form means the form used by the Ministry of Defence Police in notifying any member of the Ministry of Defence Police of the rank of chief superintendent or below of any disciplinary charges brought against such member.
George Younger
One of Her Majesty’s Principal Secretaries of State
Dated 23rd June 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 main new trunk road to be provided by the Secretary of State in pursuance of article 1(a) of The London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue and Slip Roads at Wanstead) Order 1986 with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as“the new trunk roads”), shall become trunk roads as from the date when this Order comes into operation.
2
The centre line of each of the new trunk 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 new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
“the depoisited plan”means the plan folio numbered HA 10/2E/252 containing one site plan, marked“The London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue Section) (Green Man Interchange Slip Roads) 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.
5
This Order shall come into force on 3rd November 1988 and may be cited as the London — Great Yarmouth Trunk Road (A12) (Eastway to Eastern Avenue Section) (Green Man Interchange Slip Roads) Order 1988.
Signed by authority of the Secretary of State
P. Wood
An Under Secretary in the
Department of Transport
26th October 1988


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) Amendment Regulations 1988 and shall come into force on 11th April 1988.
Amendment of Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
2
1
The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 10 (conversion of payments made in a foreign currency), for the words “any bank which is a recognised bank for the purposes of the Banking Act 1979” there shall be substituted the words “any institution which is authorised under the Banking Act 1987 ”.
3
In regulation 15(1) (recovery by deduction from prescribed benefits), for the words “it is determined the amount” there shall be substituted the words “the amount is determined”.
4
In regulation 16(2) (limitations on deductions from prescribed benefits), for the word “specified” there shall be substituted the word “prescribed”.
5
In regulation 19 (award and protected earnings), for paragraph (3) there shall be substituted the following paragraph —
3
The protected earnings of the claimant shall be the sum determined by —
a
taking the sum specified in paragraph (4),
b
adding the sum specified in paragraph (5), and
c
subtracting from the result any child benefit which falls to be taken into account in calculating his income for the purposes of Part V of the Income Support Regulations.
.
6
In regulation 24(1) (review of determination of protected earnings), for the reference to “regulation 19(1)(a)” there shall be substituted a reference to “regulation 19(1)”.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
11th April 1988


text:
Citation and commencement
1
This Scheme may be cited as the Agriculture Improvement (Variation) (No. 3) Scheme 1988 and shall come into force on 29th November 1988.
Variation of the Agriculture Improvement Scheme 1985
2
The Agriculture Improvement Scheme 1985 shall be varied in accordance with paragraphs 3 and 4 below.
3
In paragraph 7 thereof (closing dates for claims) —
a
after sub-paragraph (bA) there shall be inserted the following sub-paragraphs —
bB
any work, facility or transaction which is of a kind specified in paragraph 9 in column 1 of Schedule 1 (arterial drainage works in Scotland) unless the claim for grant is received by him on or before 31st May 1991;
bC
any work, facility or transaction in relation to an agricultural business which on 31st May 1989 is the subject of a current development plan approved under the 1980 Regulations or the 1981 Regulations or of a current improvement plan approved under the 1985 Regulations unless the claim for grant is received by him within one month of the date of closure of that plan;
;
b
there shall be substituted for sub-paragraph (c) the following sub-paragraph —
c
any work, facility or transaction which is of a kind not referred to in any of the above sub-paragraphs unless the claim for grant is received by him on or before 31st May 1989, or such later date, not later than 30th June 1989, as that Minister may in special circumstances permit.
.
4
For paragraph 7A thereof (closing date for incurring expenditure) there shall be substituted the following paragraph —
7A
The appropriate Minister shall not pay grant under this Scheme in relation to any expenditure incurred on or after 29th November 1988 except expenditure incurred —
a
in relation to any work, facility or transaction which is of a kind specified in paragraph 5 or 6 in column 1 of Schedule 1 (heated glasshouses and glasshouse heating systems);
b
in Scotland in relation to any work, facility or transaction which is of a kind specified in paragraph 9 in column 1 of Schedule 1 and for which an application for approval was made in writing before 29th November 1988;
c
in the Scilly Isles on or before 16th November 1993 in respect of any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 1A.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd November 1988.
John MacGregor
Minister of Agriculture, Fisheries & Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd November 1988
Peter Walker
Secretary of State for Wales
24th November 1988
We approve,
Kenneth Carlisle
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
25th November 1988


text:
1
These Rules may be cited as the Patents (Amendment) Rules 1988 and shall come into force as respects rules 1 and 2 on 1st January 1989 and as respects rule 3 on 15th January 1989.
2
1
For rule 52 of the Patents Rules 1982 there shall be substituted the following —
Certificates and copies supplied by comptroller
52
1
Upon request made on Patents Form No. 24/77 and payment of the appropriate fee, but subject to paragraph (3) below, the comptroller shall supply —
a
a certified copy or certified extract falling within section 32(11);
b
a copy of an entry in or an extract from the register or a copy of or an extract from anything referred to in section 32(11)(b), certified by the impression of a rubber stamp;
c
a certificate for the purposes of section 32(10).
2
Upon request made on Patents Form No. 23/77 and payment of the appropriate fee, but subject to paragraph (3) below, the comptroller shall supply an uncertified copy of an entry in or an uncertified extract from the register or an uncertified copy of or an uncertified extract from anything referred to in section 32(11)(b).
3
The restrictions on making documents available for inspection contained in rule 93(5) shall apply equally to the supply by the comptroller under this rule of copies of or extracts from such documents or requests for information as are referred to in rule 93(5) and nothing in this rule shall be construed as imposing upon the comptroller the duty of supplying copies of or extracts from any documents filed with or sent to or by the Patent Office before 1st June 1978.
.
2
Paragraph (3) of rule 93 of the Patents Rules 1982 shall be omitted.
3
For subparagraph (e) of rule 93(5) of the Patents Rules 1982 there shall be substituted the following —
e
that no request made under rule 48, 49(2), 52(2), 92 or this rule shall be open to inspection; and
.
4
There shall be substituted for Patents Forms Nos. 23/77 and 24/77 as set out in Schedule 2 to the Patents Rules 1982 the forms so numbered set out in Schedule 1 hereto.
3
1
The following rule shall be inserted after rule 67 of the Patents Rules 1982 —
Declaration under paragraph 4A of Schedule 1
67A
1
A declaration under paragraph 4A of Schedule 1 to the Patents Act 1977 shall be made on Patents Form No. 58/77.
2
The comptroller shall cause to be entered in the register notice of any declaration filed under the said paragraph 4A and the entry in the register shall be published in the Journal and in such other manner (if any) as the comptroller thinks necessary.
.
2
The form set out in Schedule 2 hereto shall be inserted at the end of Schedule 2 to the Patents Rules 1982.
Eric Forth
Department of Trade and Industry
29th November 1988


text:
1
This Order may be cited as the Education (Higher Education Corporations) (Amendment) Order 1988 and shall come into force on 21st November 1988.
2
In article 2 of the Education (Higher Education Corporations) ( No. 2) Order 1988 after the words “a body corporate” there shall be added the words “by the name of the Winchester School of Art” and for the words “as the Winchester School of Art” there shall be substituted the words “by that name”.
3
In article 2 of the Education (Higher Education Corporations) (No. 3) Order 1988 after the words “a body corporate” there shall be added the words “by the name of the Falmouth School of Art and Design” and for the words “as the Falmouth School of Art and Design” there shall be substituted the words “by that name”.
Kenneth Baker
Secretary of State for Education and Science
1st November 1988


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 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 route is opened for the purpose of through traffic.
4
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”means the plan numbered HA 10/2 WM 129 marked“The (A49) Shrewsbury to Whitchurch to Warrington Trunk Road (Improvement at Holloway Mouth) 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 highway mentioned in article 1 of this Order;
iii
“the trunk road”means the Shrewsbury to Whitchurch to Warrington Trunk Road (A49).
5
This Order shall come into force on 17th June 1988 and may be cited as the (A49) Shrewsbury to Whitchurch to Warrington Trunk Road (Improvement at Holloway Mouth) Order 1988.
Signed by authority of the Secretary of State
H. F. Ellis-Rees
Regional Director West Midlands Region
Department of Transport
20th April 1988


text:
1
Those lengths of the trunk road described in column 1 of the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as respectively indicated in column 2 of that Schedule as from the date on which the Secretary of State notifies the County Council of Cornwall that the new trunk roads are open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/2 — SWM46 marked“The Exeter — Launceston — Bodmin Trunk Road A30 (Plusha to Bolventor Improvement) (Detrunking) Order 1988” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads”
means the highways mentioned in article 1 of the Exeter — Launceston — Bodmin Trunk Road A30 (Plusha to Bolventor Improvement and Slip Roads) Order 1988; and
iv
“the trunk road”
means the Exeter — Launceston — Bodmin Trunk Road (A30).
3
This Order shall come into force on 11th November 1988 and may be cited as the Exeter — Launceston — Bodmin Trunk Road A30 (Plusha to Bolventor Improvement) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
4th October 1988


text:
1
— ;
1
These Regulations may be cited as the Local Government (Prescribed Expenditure) (Amendment) (No. 2) Regulations 1988.
2
These Regulations shall come into force on 1st October 1988.
2
The Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987( ) are amended as follows — ;
a
in regulation 2, after the definition of “housing association” insert — ;
“land”, except where the context otherwise requires, includes buildings and structures on land;
“share capital and loan capital” means share capital and loan capital (within the meaning of section 78 of the Finance Act 1986( )) of any body corporate which is not an authority to which Part VIII of the Act applies;
;
b
in regulation 3(2), for “paragraphs 2, 4 or 5” substitute “paragraphs 2, 4, 5 or 10”;
c
in regulation 4(1)(c), omit the words from “except to the extent of” to the end of that sub-paragraph, and omit the word “and” before sub-paragraph (d);
d
after regulation 4(1)(d) insert — ;
e
land, vehicles, vessels, movable and immovable plant, machinery and apparatus if the authority disposing of the asset had no interest in it immediately before 1st April 1981 and the subsequent acquisition of an interest by the authority — ;
i
did not involve the authority in prescribed expenditure, or involved expenditure the amount of which was, for the purposes of Part VIII of the Act, nil;
ii
was not by way of a transfer by operation of law;
iii
was not pursuant to an agreement approved by the Secretary of State as an agreement for the sale of new town community related assets;
iv
was not pursuant to an agreement under section 39 of the New Towns Act 1981( ); and
v
was not pursuant to a scheme approved or made by the Secretary of State under Part III of the New Towns Act 1981; and
f
land, vehicles, vessels, movable and immovable plant, machinery and apparatus where, if the authority were the party acquiring the asset under the transaction instead of the party disposing of it, the acquisition — ;
i
would not involve the authority in prescribed expenditure; or
ii
would involve expenditure the amount of which was, for the purposes of Part VIII of the Act, nil.
;
e
after regulation 4 insert — ;
Classes of assets to be treated as if they were mentioned in section 75(2)
4A
The following classes of assets shall be treated as if they were mentioned in section 75(2) of the Act — ;
1
share capital and loan capital where the acquisition of the asset by the authority involved the authority in prescribed expenditure, the amount of which was, for the purposes of Part VIII of the Act, other than nil; and
2
share capital and loan capital of a company formed in pursuance of section 59, or under sections 61 or 67, of the Transport Act 1985( ), where the acquisition of the asset by the authority did not involve prescribed expenditure, or involved expenditure the amount of which was, for the purposes of Part VIII of the Act, nil.
;
f
in regulation 5, after the words “which are mentioned in” insert the words “paragraphs 1 to 12 of, and sums equal to the amounts mentioned in paragraph 13 of,”;
g
in regulation 9, at the end, add — ;
and, where any consideration given by the authority for the carrying out of the works is not in money, to make payments in respect of expenditure on the works equal to the value of any such consideration when and as any such consideration is given by the authority.
;
h
in Schedule 1, after item 9, add the following item — ;
10
Share capital and loan capital 30% 50%
;
i
for paragraph 7 of Schedule 2 substitute — ;
7
Such part of any payment made to a highway authority by the Secretary of State under any agency arrangement whereby the authority discharges any functions of the Secretary of State as a highway authority for the purposes of section 1(1) of the Highways Act 1980( ) as is equal to the payments made by the authority in respect of prescribed expenditure in the discharge of its obligations under that arrangement.
;
j
for paragraph 10 of Schedule 2 substitute — ;
10
Such part of any payment made to a local authority by a special, district, regional or former area health authority in respect of a project as is equal to the payments made by the recipient authority in respect of prescribed expenditure on that project.
;
k
in paragraph 11 of Schedule 2, omit item (v), and for items (a), (l) and (s) substitute at the appropriate places the following items — ;
a
the Training Commission,
l
the National Council for Educational Technology,
s
the British Railways Board,
;
l
in Schedule 2, at the end, add — ;
13
— ;
1
Where an authority disposes of leasehold interests in land held for any purpose other than the purposes of Part II of the Housing Act 1985( ), or where any such interest belonging to the authority comes to an end by any means, any amount which the authority was taken to have paid under section 80 of the Act on the acquisition of that interest or any superior interest in the land, and the amount of any prescribed expenditure incurred by an authority on the construction, preparation, conversion, improvement, renewal or replacement of buildings or structures on the land.
2
In this paragraph a leasehold interest means one which — ;
a
has an unexpired term not exceeding twenty years which is not capable of being renewed or extended so that the unexpired term and any renewal or extension of the interest together exceed twenty years;
b
if it is granted to commence on the expiry of another interest, does not, together with any interest in the same land previously disposed of by the authority, exceed twenty years.
;
m
for paragraph 3 of Part I of Schedule 3 substitute — ;
3
— ;
1
Expenditure on the acquisition of an interest in land to which this sub-paragraph applies except where — ;
a
it is intended at the time of acquisition that some person shall erect a building on the land for the authority; or
b
at the time of the acquisition the authority already owns the freehold of the land or has a leasehold interest in the land the term of which is greater than the term which is being acquired; or
c
there is in force at the time of acquisition or has been in force at any time during the five years immediately preceding the acquisition, a development agreement;
and in this sub-paragraph, “development agreement” means an agreement to which the acquiring authority is party and which requires or entitles — ;
i
another person to develop all or any part of the land in question; or
ii
that authority to acquire an interest in (or a right to use) the whole or any part of that land once specified conditions as to the development of the land are satisfied.
2
Sub-paragraph (1) applies to a leasehold interest for a term not exceeding three years unless — ;
a
it is a lease which creates a tenancy to which Part II of the Landlord and Tenant Act 1954( ) (security for business and professional tenants) applies, except where a court has authorised an agreement excluding in relation to that tenancy the provisions of sections 24 to 28 of that Act; or
b
the term of the lease, when added to the length of any period before the acquisition of the lease (but after 1st April 1980) for which the authority was entitled to the rents and profits of the land or during which it occupied the land, exceeds three years.
3
Sub-paragraph (l) also applies to a leasehold interest (in this paragraph referred to as “the later interest”) acquired by the authority to commence on the expiry of an earlier interest of the authority in the land in question where — ;
a
the earlier interest was a lease acquired by the authority before 1st April 1980, for a term which did not exceed 20 years, or
b
the earlier interest was a lease acquired by the authority on or after 1st April 1980 and before 10th March 1988 and the term of the earlier interest, together with the term of any other leases of in the land in question acquired by the authority on or after 1st April 1980 including the later interest, does not exceed 20 years.
4
For the purposes of this paragraph the term of any lease shall be taken to be the period unexpired at the date of acquisition by the authority on the assumption that any right or option to renew it or to extend its term is exercised, provided that no such assumption shall be made in relation to any right to apply to the court for a new tenancy under Part II of the Landlord and Tenant Act 1954.
;
n
In Part I of Schedule 3, after paragraph 13 insert — ;
13A
Expenditure on the acquisition of share capital or loan capital where the acquisition is of an investment falling within Parts I or II of Schedule 1 to the Trustee Investments Act 1961( ).
.
3
These Regulations shall have effect with respect to expenditure incurred (or treated by virtue of any provision of Part VIII of the Act as incurred) by, and disposals by, an authority on or after 1st October 1988 except as follows — ;
a
regulation 2(b), (e) and (h) shall have effect with respect to disposals on or after 10th March 1988 of assets acquired on or after that date; and
b
regulation 2(n) shall have effect with respect to expenditure incurred (or treated by virtue of any provision of Part VIII of the Act as incurred) on or after 10th
Nicholas Ridley
Secretary of State for the Environment
5th September 1988
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
30th August 1988
Peter Walker
Secretary of State for Wales
6th September 1988


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (Borough of Sandwell) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom the Secretary of State for the Environment is not the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to a map followed immediately by a number is a reference to the map so numbered in the set of maps numbered 2 to 15 entitled “Maps referred to in the Black Country Development Corporation (Vesting of Land) (Borough of Sandwell) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the council of the borough of Sandwell and the Corporation.
3
Any reference in this Order to a numbered plot is a reference to the plot so numbered and shown bounded externally with a black line and stippled or edged internally with a stippled band on a numbered map.
Vesting of Land
3
The land described in the Schedule hereto, and now vested in the council of the borough of Sandwell or any other local authority or statutory undertakers or other public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
27th June 1988


text:
Citation and commencement
1
1
This Order may be cited as the Rickmansworth Water Company (Repeal of Local Enactments) Order 1988 and shall come into force on the 10th November 1988.
2
The Rickmansworth Water Acts and Orders 1884 to 1986 and this Order may be cited together as the Rickmansworth Water Acts and Orders 1884 to 1988.
Repeal of local enactments
2
The enactments specified in column (1) of the Schedule to this Order (which enable the Rickmansworth Water Company to abstract defined quantities of water by means of certain pumping stations) are hereby repealed to the extent specified in column (2) thereof.


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1988 and shall come into force on 1st September 1988.
Application
2
These Regulations apply only to work to be carried out in England.
Specified Periods
3
1
In the case of an authority mentioned or described in Part I of Schedule 1 hereto, the second condition, set out in section 7(3) of the Local Government Act 1988, shall not be treated as fulfilled as respects an activity mentioned in the first column of Part II of that Schedule if the period stated in the detailed specification by virtue of section 7(3)(c) is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.
2
In the case of an authority mentioned or described in Part I of Schedule 2 hereto, the said condition shall not be treated as fulfilled as respects an activity mentioned in the first column of Part II of that Schedule if the period so stated is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.
Nicholas Ridley
Secretary of State for the Environment
29th July 1988


text:
1
This Order may be cited as the Public Telecommunication System Designation (City Centre Cable) Order 1988 and shall come into force on 6th June 1988.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Butcher
Parliamentary under Secretary of State,
Department of Trade and Industry
5th May 1988


text:
1
This Order may be cited as the Home Purchase Assistance (Recognised Lending Institutions) (No. 2) Order 1988 and comes into force on 27th October 1988.
2
The following bodies are hereby added to the list in section 447(1) of the Housing Act 1985:
a
Abbey Life Mortgage Finance Limited,
b
Abbey Life Mortgage Loans Limited,
c
CIS Mortgage Maker Limited.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
19th September 1988
We consent,
David Lightbown
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
5th October 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (Welton Borehole) Water Order 1988 and shall come into force on the 16th March 1988.
2
The Anglian Water Authority Orders 1974 to 1987 and this Order may be cited together as the Anglian Water Authority Orders 1974 to 1988.
3
In this Order —
“the Authority” means the Anglian Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Welton Borehole) Water Order 1988”, one duplicate of which is deposited and is available for inspection at the offices of the Authority’s Lincoln Division at Waterside House, Waterside North, Lincoln LN2 5HA and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
The Authority may construct, continue and maintain on or under the land described in Schedule 1 to this Order the following works —
a
the four existing boreholes and one additional borehole, together with a pumping station;
b
(in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of those boreholes.
Works to form part of the undertaking
3
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
4
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State.
Dinah Nichols
An Under Secretary in the
Department of the Environment
15th March 1988


text:
Title, commencement and extent
1
The Regulations may be cited as the Milk Marketing Scheme (Amendment) Regulations 1988, shall come into force on 29th February 1988 and shall apply to England and Wales.
Amendment of the Milk Marketing Scheme 1933
2
The Milk Marketing Scheme 1933 shall be further amended —
a
by substituting in paragraph 66(5)(d) thereof for the words and figures “subject to sub-paragraphs (7), (8), (10) and (11) of this paragraph” the words and figures “subject to sub-paragraphs (7), (7A), (8), (10) and (11) of this paragraph”;
b
by substituting in paragraph 66(7) thereof for the words and figures “Subject to the provisions of sub-paragraph (8) of this paragraph” the words and figures “Subject to the provisions of sub-paragraphs (7A) and (8) of this paragraph”;
c
by substituting in paragraph 66(7) thereof for the final sentence, the following sentence: —
“If whole milk is fractionated and only part of the solid constituents is utilised in the production of any of the commodities specified above, the Joint Committee may negotiate different prices according to the uses of each constituent, except that prices in respect of any constituent shall be set at the same level for all uses which qualify that constituent, or any milk product derived therefrom, for sale to the Intervention Board for Agricultural Produce or for the benefit of any Community aid scheme.”;
d
by inserting after paragraph 66(7) thereof the following sub-paragraph —
7A
The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose and, without prejudice to the generality of this sub-paragraph, no price shall be differentiated by reason only that the milk or any milk product derived therefrom is intended for export outside the United Kingdom or for sale to the Intervention Board for Agricultural Produce.
;
e
by omitting from paragraph 66(8) thereof the words “The price of milk to be sold by the Board shall be set at the same level for all buyers who intend to use the milk for the same purpose, except that”;
f
by substituting for paragraph 66(11) thereof the following sub-paragraph: —
11
Notwithstanding the foregoing provisions of this paragraph, the price of milk sold by the Board shall not be set at such a level that the sale of milk by the Board at that price would contravene Article 9 of Council Regulation ( EEC ) No. 1422/78 or Article 6.2 of Commission Regulation (EEC) No. 1565/79 . In the event of any such contravention or any other failure by the Board to comply with the Community principles, rules or special conditions referred to in Article 10 of Council Regulation (EEC) No. 1422/78 , the Board shall make such adjustment in their arrangements for milk sold or to be sold as shall satisfy the Minister that the effect of such contravention or failure has been counteracted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th January 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
28th January 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1988 and shall come into force on1st April 1988.
2
In these Regulations “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1980( ).
Amendment of the principal Regulations
2
1
In regulation 7(1) (exemptions) of the principal Regulations after sub-paragraph (a) there is added the following sub-paragraph: —
aa
a person who has not attained the age of 19 years and is receiving qualifying full-time education within the meaning of paragraph 7 of Schedule 12 to the Act;
( )
2
For each amount specified in column (3) of Schedule 1 to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) of that Schedule (the subject matter of which is indicated in column (2) of that Schedule), there is substituted the amount specified in relation to it in column (4) of that Schedule.
Application
3
Regulation 2 of these Regulations applies —
a
in so far as it amends regulation 3(1) (aa) of the principal Regulations, where the month referred to in that provision commences on or after 1st April 1988;
b
in so far as it amends regulation 9(5) of the principal Regulations, where the application referred to in regulation 9(1) of those Regulations is received on or after 1st April 1988;
c
in any other case, to drugs and appliances supplied on or after 1st April 1988.
Revocation
4
The following provisions of the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1987( ) are hereby revoked: —
a
regulation 2 and Schedule 1, except to the extent that they amend Schedule 2 to the principal Regulations;
b
regulation 3(1)(a), (b) and (d).
Signed by authority of the Secretary of State for Social Services. 8th March 1988
Tony Newton
Minister of State,
Department of Health and Social Security


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1988 and shall come into force on 31st January 1988.
Amendment of the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986
2
The Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 is hereby amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No 4026/86 , Council Regulation (EEC) No 2968/87 , and Council Regulation (EEC) No 3953/87 ;
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th January 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
12th January 1988
Peter Walker
Secretary of State for Wales
14th January 1988
Tom King
Secretary of State for Northern Ireland
13th January 1988


text:
1
This Order may be cited as the Docks and Harbours (Rateable Values)(Amendment) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
2
In relation to any year beginning on or after 1st April 1988, the Docks and Harbours (Rateable Values) Order 1976 is amended as follows: —
a
in article 2(2), in the definition of “the Index”, for the word “index” there is substituted the words “General Index”; and
b
in article 4(2)(b), “35.6147” is substituted for “140.5” as the numerator in the formula.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
31st May 1988


text:
Citation and commencement
1
This Order may be cited as the Fowey Harbour, Par and Charlestown (Application of Pilotage Act 1987) Order 1988 and shall come into force on 1st October 1988.
Interpretation
2
In this Order “the Commissioners” means the Fowey Harbour Commissioners.
Application of Pilotage Act 1987
3
The Pilotage Act 1987 shall apply to Fowey Harbour Commissioners as if their harbour included the area specified at Article 4.
4
The area so specified shall comprise in addition to Fowey Harbour —
a
Such waters at Par as may be bounded by an imaginary straight line drawn from Fishing Point (latitude 50° 20'"23 N longitude 4° 43'"00 W) to a point on the East side of the Bay at latitude 50° 19'"50 N longitude 4° 40'"89 W.
b
Such waters at Charlestown as may be bounded by an imaginary straight line drawn due south (true) from Polmear Island in the West, a line drawn due South (true) from Landrion Point (latitude 50° 19'"87 N longitude 4° 44'"68 E) in the East and a line joining the ends of the two aforementioned lines at latitude 50° 19'"5 N.
Signed by authority of the Secretary of State.
Michael Portillo
Minister of State,
Department of Transport
1st September 1988


text:
Citation and interpretation
1
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 4) Order 1988.
2
In this Order —
"the Act" means the Education Reform Act 1988; and
" ILEA " school means a county school which is maintained by the Inner London Education Authority on the date this order is made.
Coming into force of certain provisions of the Act
2
The provisions of the Act specified in column 1 of Schedules 1 to 6 to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on the date specified in relation to each Schedule in the following table —
Schedule 1 1st January 1989
Schedule 2 1st February 1989
Schedule 3 1st April 1989
Schedule 4 1st August 1989
Schedule 5 1st April 1990
Schedule 6 1st August 1990
and 1st February 1989 shall be the appointed day for the purposes of section 121 of the Act for the Southampton Institute of Higher Education.
Transitional provisions
3
Notwithstanding the repeal on 1st January 1989 of the Education (No. 2) Act 1968 , the instrument of government and articles of government made in accordance with section 1 of that Act of any institution providing full-time education which is maintained by a local education authority in exercise of their further or higher education functions shall remain in force until a new instrument of government and articles of government have been approved by the Secretary of State under section 151 of the Education Reform Act 1988.


text:
Citation and commencement
1
This Order may be cited as the Wells (Pilotage) Harbour Revision Order 1988 and shall come into force on 7th December 1988.
Interpretation
2
In this Order —
“the Commissioners” means the Wells Harbour Commissioners
“the existing area of jurisdiction” means the harbour and quay of Wells in the County of Norfolk
“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 with the Clerk to Wells Harbour Commissioners at Belmont House, Wells next the Sea, Norfolk, NR23 1ES.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Commissioners shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the existing area of jurisdiction) the area within the following limits namely: —
a
An imaginary line drawn true north from Burnham Overy Church to a point four nautical miles therefrom (shown between the points marked “A” and “B” on the signed plan)
b
An imaginary line drawn from the last-mentioned point true east until it intersects the next mentioned line (shown between the points marked “B” and “C” on the signed plan) and
c
An imaginary line drawn true north from Cockthorpe Church (shown between the points marked “C” and “D” on the signed plan).
Signed by authority of theSecretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
6th December 1988


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services and Charges for Drugs) Amendment Regulations 1988 and shall come into force on 6th June 1988.
Amendment of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974
2
1
The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 26 (Pharmaceutical lists) —
a
in paragraph (3) after the words “the application shall” there shall be inserted the words “, subject, in a case falling within sub-paragraph (b) of this paragraph, to the provisions of paragraph (4A),”;
b
after paragraph (4) there shall be inserted the following paragraph: —
4A
An application, other than one which shall be granted under paragraph (3) by virtue of paragraph (3)(a), which is made by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the Committee that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Committee’s locality.
; and
c
in paragraph (6) for “paragraph (3) or (4)” there shall be substituted “paragraph (3), (4) or (4A)”.
3
In Part I of Schedule 1 (terms of service for doctors), in paragraph 36 there shall be inserted after sub-paragraph (2) the following sub-paragraphs: —
2A
Where a doctor orders drugs specified in Schedule 2 to the Misuse of Drugs Regulations 1985 (controlled drugs to which regulations 14, 15, 16, 18, 19, 20, 21, 23, 25 and 26 of those Regulations apply) for supply by instalments for treating addiction to any drug specified in that Schedule he shall: —
a
use only the prescription form provided by the Committee specially for the purposes of supply by instalments;
b
specify the number of instalments to be dispensed and the interval between each instalment; and
c
not order more than will provide 14 days treatment.
2B
The form provided by the Committee specially for the purpose of supply by instalments shall not be used for any purpose other than ordering drugs in accordance with sub-paragraph (2A) of this paragraph.
.
4
In Part I of Schedule 4 (terms of service for chemists) in paragraph 1(3) after the words “provided by” there shall be inserted “a health authority or”.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 1980
3
In regulation 3 of the National Health Service (Charges for Drugs and Appliances) Regulations 1980 (supply of drugs and appliances by chemists), after paragraph (1) there shall be inserted the following paragraph: —
1A
For the purposes of this regulation only, where a drug ordered on a single prescription form is supplied by instalments, only one charge of £2.60 shall be payable for that drug and it shall be payable upon the supply of the first instalment.
.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
10th May 1988


text:
Citation and commencement
1
This Order may be cited as the Housing Defects (Expenditure Limits) (No. 2) Order 1988 and shall come into force on 31st May 1988.
Expenditure limits
2
The amount opposite each category of dwelling mentioned in the first column of the Schedule to this Order is hereby specified as the expenditure limit for that category for the purposes of section 543 of the Housing Act 1985.
Revocation
3
The Housing Defects (Expenditure Limits) Order 1988 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
23rd May 1988
Peter Walker
Secretary of State for Wales
24th May 1988


text:
1
1
This Order may be cited as the Customs Duties (Spain) Order 1988 and shall come into force on 10th August 1988.
2
In this Order —
“beef and veal marketing year” means the marketing year determined in accordance with article 4 of Council Regulation ( EEC ) No. 805/68 (relating to the common organisation of the market in beef and veal) for products listed in article 1 to that Regulation;
“relevant goods” means goods which, at the time of their importation into the United Kingdom, are entitled to benefit from the progressive reduction of customs duties in trade between Spain and the other member States of the European Communities as constituted on 31st December 1985 by virtue of the provisions of Title II of Part Four of the Act annexed to the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and the European Atomic Energy Community, signed at Madrid and Lisbon on 12th June 1985, and to the Decision of the Council of the European Communities of 11th June 1985 on the accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community ;
references to a heading or subheading are references to a heading or subheading of the Combined Nomenclature of the European Economic Community ;
references in Schedule 1, 2 or 4 to this Order to a rate of duty, unless otherwise stated, are references to a rate calculated as a percentage of the value of the goods;
references to the weight of any goods, unless otherwise stated, are references to their net weight, and “gross” in relation to the weight of any goods means inclusive of the weight of any earth or any other growing medium in which the goods are imported and of any container in or on which they are made up;
where symbols or abbreviations are used for units of measurement they are those authorised by the Weights and Measures (Quantity Marking and Abbreviations of Units) Regulations 1987 except that the symbol “hl” is used for the unit “hectolitre”; and
“ ECU ” means European Currency Unit as defined in Council Regulation (EEC) No. 3180/78 and any amount expressed as a number of ECUs shall be converted to sterling at such rate as may be required by the customs rules of the European Communities .
3
This Order does not impose or increase any customs duty or restrict any relief from customs duty otherwise than in pursuance of a Community obligation.
2
1
Subject to paragraph (2) and articles 5, 6, 7 and 8(1) below, from 10th August 1988 up to and including 31st December 1995, where in relation to any relevant goods which fall within a heading or subheading specified in column 1 of Schedule 1 to this Order a rate of customs duty is shown in column 3 as from 10th August 1988 or as from 1st January in any subsequent year, then, on the importation into the United Kingdom of any of those goods during the relevant period, there shall be charged a duty of customs at the rate so shown for that period.
2
If the entry “O” appears in the said column 3 in relation to the goods for any period, no customs duty shall be charged on the importation into the United Kingdom of any of those goods during that period or any subsequent year.
3
Subject to article 7 below, from 10th August 1988 up to and including the day immediately preceding the day on which the beef and veal marketing year begins in 1989, where in relation to any relevant goods which fall within a subheading specified in column 1 of Schedule 2 to this Order a rate of customs duty is shown in column 2 of that Schedule in relation to that period, then, on the importation into the United Kingdom of any of those goods, there shall be charged a duty of customs at the rate so shown.
4
Subject to article 7 below, from the day on which the beef and veal marketing year begins in 1989 up to and including the day immediately preceding the day on which that year begins in 1990, and during each marketing year thereafter up to and including the day immediately preceding the day on which that marketing year begins in 1993, where in relation to any relevant goods which fall within a subheading specified in column 1 of Schedule 2 to this Order a rate of customs duty is shown in column 2 in relation to any marketing year, then, on the importation into the United Kingdom of any of those goods during that marketing year, there shall be charged a duty of customs at the rate so shown for that marketing year.
5
From 10th August 1988 up to and including 31st December 1995 no customs duty shall be charged on any relevant goods which fall within a heading or subheading specified in column 1 of Schedule 3 to this Order and are of a description specified in column 2.
6
Subject to articles 7 and 8(1) below, from 10th August 1988 up to and including 31st December 1995, where in relation to any relevant goods which fall within a subheading specified in column 1 of Schedule 4 to this Order and are of a description specified in column 2 a rate of customs duty is shown in column 3 as from 10th August
1988 or as from 1st January in any subsequent year, then, on the importation into the United Kingdom of any of those goods during the relevant period, there shall be charged a duty of customs at the rate so shown for that period instead of any higher rate shown in column 3 of Schedule 1 in relation to the goods in respect of that period.
7
In the case of any goods to which articles 2, 3, 4 or 6 applies, where in accordance with any directly applicable Community provision the rate of duty chargeable is lower than the rate chargeable under those articles or is nil, customs duty shall be chargeable on the importation of the goods into the United Kingdom at the lower rate.
8
1
Where a period of time or a description of goods is specified in column 2 of Schedule 1 or 4 to this Order in relation to any heading or subheading, the duty provided for in relation to that heading or subheading by article 2 or 6 above shall apply only during that period or to goods of that description as the case may be.
2
Any description of goods in column 2 of Schedule 1, 3 or 4 to this Order shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a subheading.
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 1988


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Abhainn Shlatach) Water Order 1988 and shall come into force on 18th January 1988.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (Abhainn Shlatach) Water Order 1988 Plan of Catchment Area” and “The Highland Regional Council (Abhainn Shlatach) Water Order 1988 Plans and Sections of Works”, one copy of each of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purpose of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water within their limits of supply when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act( ) as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of an intake (part of Work No. 2), take water from the stream known as the Abhainn Shlatach in the Lochaber District in the Highland Region.
5
1
During the construction of the works the Council may take from the said Abhainn Shlatach such water as they may require for such construction.
2
After the completion of the works the Council shall not —
a
take any water from the said Abhainn Shlatach so as to reduce the rate of flow therein below 450 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 2);
b
in any one day take from the said Abhainn Shlatach a quantity of water greater than 100 cubic metres as measured through or over an approved gauge (part of Work No. 2).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and one copy of each of the deposited plans.
Alasdair C Paton
Deputy Chief Engineer, Scottish Office
New St Andrew’s House,
Edinburgh
11th January 1988


text:
1
These Regulations may be cited as the Police (Complaints) (General) (Amendment) Regulations 1988 and shall come into force on 14th November 1988.
2
Regulation 13(2)(b) of the Police (Complaints) (General) Regulations 1985 shall be amended by substituting for the words “or deputy assistant commissioner” the words “, a deputy assistant commissioner or a commander”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
14th October 1988


text:
1
This Order may be cited as the Matrimonial Causes Fees (Amendment) Order 1988 and shall come into force on 1st June 1988.
2
Article 4 of the Matrimonial Causes Fees Order 1980 shall be amended by substituting, for the words from“(b) a supplementary pension” to“the Family Income Supplements Act 1970,” the words“(b) income support or family credit under Part II of the Social Security Act 1986 ,”.
Mackay of Clashfern, C.
Dated 6th May 1988
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th May 1988


text:
PART I
GENERAL
1
This Order may be cited as the EUMETSAT (Immunities and Privileges) Order 1988. It shall come into force on the date on which the Protocol on the Privileges and Immunities of the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) opened for signature at Darmstadt on 1st December 1986 (hereinafter referred to as the Protocol) enters into force in respect of the United Kingdom. The date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
1
For the purposes of this Order, the official activities of the European Organisation for the Exploitation of Meteorological Satellites (hereinafter referred to as the Organisation) means all activities carried out by the Organisation in pursuance of its objectives as defined in Article 2 of the Convention for the Establishment of a European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) , opened for signature at Geneva on 24th May 1983 (hereinafter referred to as the Convention), and includes its administrative activities.
2
In this Order —
“United Kingdom national” means a person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British National (Overseas);
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
“Party” means a State party to the Convention;
“archives” means all records, including correspondence, documents, manuscripts, photographs, films, optical and magnetic recordings, data recordings, and computer programmes belonging to or held by the Organisation;
“staff members” means the Director and all persons employed by the Organisation, who hold permanent appointments and are subject to its Staff Rules;
“expert” means a person other than a staff member appointed to carry out a specific task on behalf of the Organisation and at its expense;
“property” means anything that may be subject to a right of ownership as well as contractual rights.
3
The EUMETSAT (Legal Capacities) Order 1985 is hereby revoked.
PART II
THE ORGANISATION
4
The Organisation is an organisation of which the United Kingdom and other sovereign Powers are members.
5
The Organisation shall have the legal capacities of a body corporate.
6
1
The Organisation shall, within the scope of its official activities, have immunity from suit and legal process except in the following cases —
a
to the extent that the Council of the Organisation shall have expressly waived such immunity in a particular case;
b
in respect of a civil action brought by a third party for damage arising from an accident caused by a motor vehicle or any other means of transport belonging to or operated on behalf of the Organisation, or in respect of a traffic offence involving such a vehicle or means of transport;
c
for the execution of an arbitration award made under Article 14 of the Convention or Articles 21, 22 or 23 of the Protocol;
d
in the event of the attachment or, in Scotland, arrestment, pursuant to a decision by the administrative or judicial authorities, of the salaries and emoluments including pensions, owed by the Organisation to a staff member or former staff member;
e
in respect of a counter-claim directly connected with judicial proceedings instituted by the Organisation;
f
in respect of any commercial activity in which the Organisation might engage.
2
The property of the Organisation, wherever located shall be immune —
a
from any form of requisition, confiscation or expropriation;
b
from any form of sequestration and administrative or provisional judicial constraint, except in the cases provided for in paragraph (1) of this Article.
7
The Organisation shall have the like inviolability in respect of its archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
8
Within the scope of its official activities, the Organisation, its property and income shall have exemption from taxes on income and capital gains.
9
The Organisation shall have the like relief from rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
10
The Organisation shall have exemption from duties (whether of customs or excise) and taxes on the importation by the Organisation of goods necessary for the exercise of the official activities of the Organisation, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
11
The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Organisation and necessary for the exercise of its official activities and in the case of publications of the Organisation imported or exported by it.
12
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax and value added tax paid on the purchase of new motor cars of United Kingdom manufacture and of value added tax paid on the supply of other goods or services of substantial value which are necessary for the official activities of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
REPRESENTATIVES
13
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the Party which they represent, representatives of Parties shall enjoy, while exercising their official functions and in the course of their journeys to and from the place of meeting —
a
immunity from any form of arrest and detention and from seizure of their personal baggage, except in the case of a grave crime, or when they are found committing, attempting to commit or just having committed a criminal offence;
b
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the exercise of their functions, except in respect of (i) traffic offences committed by a representative, and (ii) damage caused by a vehicle or other means of transport belonging to or driven by a representative; and
c
the like inviolability for all their official papers and documents as is accorded to diplomatic agents.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than their advisers.
3
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family of a representative or of a representative’s adviser.
4
Neither the provisions of the preceding paragraphs of this Article, nor those of Part IV of Schedule 1 to the Act, shall operate so as to confer —
a
any privilege or immunity on any person as the representative of the United Kingdom or as his adviser or as a member of his staff; or
b
any privilege or immunity on any person who is a United Kingdom national or a permanent resident of the United Kingdom.
5
In this Article, “grave crime” has the same meaning as in section 1(2) of the Consular Relations Act 1968 .
PART IV
STAFF MEMBERS
Director
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Council of the Organisation, the Director shall enjoy —
a
immunity from arrest or detention except when found committing, attempting to commit or just having committed a criminal offence;
b
the like immunity from suit and legal process as is accorded to a diplomatic agent, except in respect of damage caused by a vehicle or other means of transport belonging to or driven by him, or in respect of a traffic offence caused by such a vehicle or other means of transport, subject to paragraph (a) above; and
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent, as if in that paragraph the reference to paragraph 1 of that Article were a reference to Article 15(b) of this Order,
provided that this paragraph shall not apply to any person who is a United Kingdom national or who is a permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family of a staff member to whom this Article applies.
Staff Members
15
Except in so far as in any particular case any privilege or immunity is waived by the Director of the Organisation or, in the case of the Director, by the Council of the Organisation, all staff members shall enjoy —
a
immunity from suit and legal process (even after they have left the service of the Organisation) in respect of acts, including words written or spoken, done by them in the exercise of their function, except in respect of damage caused by a vehicle or other means of transport belonging to or driven by a staff member or in respect of a traffic offence committed by him;
b
unless they are United Kingdom nationals or permanently resident in the United Kingdom, the like exemption from duties (whether of customs or excise) and taxes on the importation of furniture and personal effects (including one motor car each) which —
i
at or about the time when they first enter the United Kingdom to take up their posts as staff members of the Organisation are imported for their personal use, and
ii
are articles which were in their ownership and possession or which they were under contract to purchase, immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
as from the date on which the salaries and emoluments (excluding pensions and similar benefits paid by the Organisation) paid to them by the Organisation become subject to taxation by the Organisation for its benefit, exemption from income tax in respect of such salaries and emoluments, provided that nothing in this paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources; and
d
provided that the Organisation has established a social security scheme, which the Secretary of State considers to provide adequate benefits, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland —
i
services rendered for the Organisation by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
PART V
EXPERTS
16
Except in so far as in any particular case any immunity or privilege is waived by the Director, experts (other than staff members of the Organisation) shall, while performing their duties for the Organisation or carrying out missions on its behalf, enjoy —
a
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the exercise of their functions, except in respect of damage caused by a vehicle or other means of transport belonging to or driven by an expert or in respect of a traffic offence committed by him; and
b
the like inviolability in respect of all official papers and documents as is accorded to a diplomatic agent.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Transfer Values) Amendment Regulations 1988 and shall come into force on 6th April 1988.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1985
2
At the beginning of regulation 2A of the Occupational Pension Schemes (Transfer Values) Regulations 1985 there shall be inserted the words “Subject to regulation 2C,” and after regulation 2B of those Regulations there shall be inserted the following regulation —
Right to further cash equivalent on termination of employment
2C
1
This regulation applies to a case where regulation 2A of these Regulations has operated to reduce the cash equivalent to which a member acquired a right under paragraph 12 on termination of his pensionable service and subsequently his employment in employment to which the scheme applies terminates on a date which is at least one year earlier than the date on which he would attain the age which is the normal pension age for that scheme.
2
In a case to which this regulation applies a right at the relevant date to the cash equivalent of any part of the benefits specified in paragraph 12(1) which, but for the operation of regulation 2A of these Regulations, he would have on termination of his pensionable service in employment to which the scheme applies shall accrue to the member on the date when that employment terminates and shall be valued accordingly.
3
In relation to any case to which this regulation applies there shall be substituted for the definitions of “relevant date” in paragraph 12(2) and of “the last option date” in paragraph 15(2) the following definitions —
“relevant date” means the date when the member’s employment in employment to which the scheme applies terminates or the date of the relevant application, whichever is the later, and
“the last option date” means the date which falls —
one year before the date on which he attains normal pension age; or
six months after the date when his employment in employment to which the scheme applies terminates,
whichever is the later.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
16 March 1988