text:
Citation, commencement, interpretation and application
1
These Regulations may be cited as the Civil Aviation (Investigation of Air Accidents) Regulations 1989 and shall come into force on 28th November 1989.
2
1
In these Regulations, unless the context otherwise requires–
“accident” includes an incident and a reportable accident;
“aerodrome authority” means, in relation to any aerodrome, the person by whom the aerodrome is managed;
“the CAA ” means the Civil Aviation Authority;
“commander” in relation to an aircraft means a member of the crew designated as commander of that aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft;
“Chief Inspector” means the Chief Inspector of Air Accidents appointed under regulation 8(1) below, and includes any deputy chief inspector;
“crew” includes every person employed or engaged in an aircraft in flight on the business of the aircraft;
“field investigation” means an investigation which is not intended to be the subject of a report by an Inspector to the Secretary of State;
“formal investigation” means an investigation which is intended to be the subject of a report by an Inspector to the Secretary of State;
“incident” means any fortuitous or unexpected event, not being a reportable accident, by which the safety of an aircraft or any person is threatened;
“Inspector” means a person appointed as an Inspector of Air Accidents under regulation 8 (1) below;
“investigation” means any investigation carried out by an Inspector into an accident;
“operator” in relation to an aircraft means the person for the time being having the management of that aircraft;
“owner” means, where an aircraft is registered, the registered owner;
“pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
“reportable accident” means an occurrence associated with the operation of an aircraft which takes place between the time when any person boards the aircraft with the intention of flight and such time as all persons have disembarked therefrom, in which–
any person suffers death or serious injury while in or upon the aircraft or by direct contact with any part of the aircraft (including any part which has become detached from the aircraft) or by direct exposure to jet blast, except when the death or serious injury is from natural causes, is self-inflicted or is inflicted by other persons or when the death or serious injury is suffered by a stowaway hiding outside the areas normally available in flight to the passengers and members of the crew of the aircraft; or
the aircraft incurs damage or structural failure, other than–
engine failure or damage, when the damage is limited to the engine, its cowling or accessories,
damage limited to propellers, wing tips, antennae, tyres, brakes, fairings, small dents or punctured holes in the aircraft skin,
which adversely affects its structural strength, performance or flight characteristics and which would normally require major repair or replacement of the affected component; or
the aircraft is missing or is completely inaccessible;
“serious injury” means an injury which is sustained by a person in a reportable accident and which–
requires his stay in hospital for more than 48 hours commencing within seven days from the date on which the injury was received; or
results in a fracture of any bone (except simple fractures of fingers, toes or nose); or
involves lacerations which cause nerve, muscle or tendon damage or severe haemorrhage; or
involves injury to any internal organ; or
involves second or third degree burns or any burns affecting more than five per cent of the body surface; or
involves verified exposure to infectious substances or injurious radiation;
and “seriously injured” shall be construed accordingly;
2
For the purposes of section 75 of the Civil Aviation Act 1982, the definition of “accident” shall be the same as in these Regulations.
3
Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given–
a
by delivering it to that person;
b
by leaving it at his usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;
c
by sending it to him by post at that address; or
d
by sending it to him at that address by telex or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received.
3
These Regulations relate only to civil aviation and shall apply–
a
to accidents arising out of or in the course of air navigation which occur to civil aircraft in or over the United Kingdom; or
b
to such accidents which occur elsewhere to civil aircraft registered in the United Kingdom; or
c
for the purposes of regulation 21 only, to such accidents which occur elsewhere to civil aircraft registered in a country or territory other than the United Kingdom;
so, however, that these Regulations shall not apply to any accident to which any Regulations not relating only to civil aviation made or having effect as if made under section 25 of the Civil Aviation Act 1982 apply.
Purpose of accident investigation
4
The fundamental purpose of investigating accidents under these Regulations shall be to determine the circumstances and causes of the accident with a view to the preservation of life and the avoidance of accidents in the future; it is not the purpose to apportion blame or liability.
PART I
ACCIDENT INVESTIGATION
Duty to furnish information relating to accidents
5
1
Where a reportable accident occurs the commander of the aircraft involved at the time of the accident, or if he be killed or incapacitated then the operator of the aircraft, and, in the case of an accident occurring on or adjacent to an aerodrome, the aerodrome authority shall forthwith give notice thereof to the Chief Inspector by the quickest means of communication available and in the case of a reportable accident occurring in or over the United Kingdom shall also notify forthwith the local police authorities of the accident and of the place where it occurred.
2
The notice to the Chief Inspector referred to in paragraph (1) above shall be given the identifying abbreviation ACCID and shall state as far as possible–
a
the type, model and the nationality and registration marks of the aircraft;
b
the name of the owner, operator and hirer (if any) of the aircraft;
c
the name of the commander of the aircraft;
d
the date and Coordinated Universal Time of the accident;
e
the last point of departure and the next point of intended landing of the aircraft;
f
the position of the aircraft by reference to some easily defined geographical point and latitude and longitude;
g
i
the number of crew on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident;
ii
the number of passengers on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident;
iii
the number of other persons killed or seriously injured as a result of the accident;
h
the nature of the accident and the extent of the damage to the aircraft as far as is known.
3
Where an accident to which these Regulations apply occurs, whether in or over the United Kingdom or elsewhere, the owner, operator, commander or hirer of the aircraft shall, if so required by notice in writing given to him by the Chief Inspector, send to the Chief Inspector, within such time as may be specified in the notice, such information as is in his possession or control with respect to the accident in such form as the Chief Inspector may require.
6
The Chief Inspector may at any time publish, or cause to be published, information relating to an accident whether or not such an accident is the subject of an investigation by an Inspector, of a Review Board or of a Public Inquiry.
Removal of damaged aircraft
7
1
Subject to regulation 9 below, where a reportable accident occurs in or over the United Kingdom, no person other than an authorised person shall have access to the aircraft involved in the accident and neither the aircraft nor its contents shall except under the authority of the Secretary of State be removed or otherwise interfered with:
Provided that, subject to the provisions of section 21(4) and (5) of the Customs and Excise Management Act 1979 –
i
the aircraft may be removed or interfered with so far as may be necessary for the purpose of extricating persons or animals, removing any mails, valuables and dangerous goods carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public or to air navigation or to other transport, or under the supervision of an Inspector or, with the agreement of an Inspector or of a constable, for the purpose of removing any other property from the aircraft;
ii
if an aircraft is wrecked on the water, the aircraft or any of its contents may be removed to such extent as may be necessary for bringing it or them to a place of safety.
2
In this regulation the expression “authorised person” means any person authorised by the Secretary of State either generally or specially to have access to any aircraft involved in an accident and includes any constable or any officer of Customs and Excise.
Inspectors of Air Accidents
8
1
For the purpose of carrying out investigation into the circumstances and causes of accidents to which these Regulations apply the Secretary of State shall appoint persons as Inspectors of Air Accidents, one of whom shall be appointed by the Secretary of State as Chief Inspector of Air Accidents.
2
The Chief Inspector shall determine whether or not an investigation shall be carried out into any accident to which these Regulations apply and the form of the investigation. He may himself carry out, or may cause an Inspector to carry out, an investigation of any such accident.
3
Without prejudice to the power of an Inspector to seek such advice or assistance as he may deem necessary in making an investigation, the Secretary of State may at the request of the Chief Inspector appoint persons to assist any Inspector in a particular investigation and such persons shall for the purpose of so doing have such of the powers of an Inspector under these Regulations as may be specified in their appointment.
Powers of Inspectors
9
For the purpose of the investigation of any accident to which these Regulations apply, or any inquiries undertaken with a view to determining whether any such investigation should be held, an Inspector shall have power–
a
by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigation or any inquiry held pursuant to regulation 18 below or, as the case may be, it is determined that an investigation shall not be carried out;
b
to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;
c
to have access to and examine any aircraft involved in any such accident and the place where the accident occurred and to require any such aircraft or any part of equipment thereof to be preserved unaltered pending investigation;
d
to examine, remove, test, and take measures for the preservation of, or otherwise deal with–
i
the aircraft involved in the accident; or
ii
where it appears to the Inspector requisite for the purposes of such investigation or inquiries, any other aircraft,
or any part of such aircraft or anything contained therein;
e
on production if required of his credentials, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the Inspector to be requisite for the purposes of any such investigation or inquiries or any inquiry held pursuant to regulation 18 below, except that an Inspector shall not have power to enter any premises under this sub-paragraph for the purpose of inquiries with a view to determining whether an investigation should be held if at the time of the proposed entry the premises are being used as a dwelling;
f
to take such measures for the preservation of evidence as he considers appropriate.
Form and conduct of investigations
10
1
An investigation into any accident to which these Regulations apply may be a formal investigation or a field investigation.
2
Public notice that a formal investigation is taking place shall be given in such manner as the Chief Inspector may think fit and shall invite any persons who desire to make representations concerning the circumstances or causes of the accident to do so in writing within the time to be specified in the notice.
3
All investigations shall be held in private.
4
Where it appears to the Inspector in the course of any investigation that in order to resolve any conflict of evidence or that for any other reason it is expedient so to do, he may permit any person to appear before him and to call evidence and examine witnesses.
5
Every person summoned by the Inspector as a witness in accordance with these Regulations shall be allowed such expenses as the Secretary of State, with the approval of the Treasury, may determine.
6
The Chief Inspector may determine that any investigation being carried out into an accident shall be discontinued and in the event of a formal investigation being discontinued no report shall be made thereon to the Secretary of State under regulation 11(1) below, but public notice shall be given, in such manner as the Chief Inspector may think fit, that the investigation has been discontinued.
7
Following the discontinuance of any investigation, the Chief Inspector shall submit to the Civil Aviation Authority such information as he considers desirable in the interest of the avoidance of accidents in the future.
Inspector’s Report and submission of information to the CAA
11
1
Subject to the provisions of Regulation 12 below, upon completion of a formal investigation the Chief Inspector shall submit to the Secretary of State the report of the Inspector who carried out the investigation.
2
Upon completion of a field investigation the Chief Inspector shall submit to the CAA such information as he considers desirable in the interest of the avoidance of accidents in the future.
3
The report to the Secretary of State upon completion of a formal investigation shall state the facts relating to the accident followed by an analysis of the facts and conclusions as to the causes of the accident, together with any recommendations which the Inspector thinks fit to make with a view to the preservation of life and the avoidance of accidents in the future.
Notice of Inspector’s Report and Representations thereon
12
1
No report shall be submitted to the Secretary of State under regulation 11(1) above in respect of an accident until the Inspector has–
a
where it appears to him to be practicable so to do, served a notice under this regulation upon the operator and commander of the aircraft involved in the accident and on any person whose reputation is, in the Inspector’s opinion, likely to be adversely affected by the report or, if any of the foregoing be a deceased individual, upon such person or persons as appear to the Inspector, at the time he proposes to serve notice pursuant to this paragraph, to represent best the interest of the deceased in the matter, and
b
considered any representations which may be made to him in accordance with paragraph (3) below by or on behalf of the persons served with such notice.
2
The notice referred to in paragraph (1) above shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident which may affect the person on whom or in respect of whom the notice is served.
3
Any representations made pursuant to paragraph (1) above shall be in writing and shall be served on the Inspector within 28 days of service of the notice referred to in that paragraph or within such further period as may be allowed under regulation 22 below.
4
A copy of the report submitted to the Secretary of State under regulation 11(1) above shall be served by the Chief Inspector on any person who has been served with a notice pursuant to paragraph (1) above.
5
No person shall disclose or permit to be disclosed any information contained in a notice or report served on him pursuant to paragraphs (2) or (4) above to any other person without the prior consent in writing of the Chief Inspector.
PART II
REVIEW BOARD
Notice of Review
13
1
Any person who has been served with a notice under regulation 12(1) above may, at any time before the expiration of the period of 21 days from the date on which he has been served with a copy of the report under regulation 12(4) above, (or within such further period as may be allowed under regulation 22 below) serve on the Secretary of State written notice (hereinafter called the “notice of review”) that he wishes those findings and conclusions in the report from which it appears that his reputation or, as the case may be, the reputation of the person on whose behalf representations have been made under regulation 12(3) above, is likely to be adversely affected, to be reviewed by a Review Board.
2
The notice of review shall specify the findings and conclusions that it is considered should be reviewed by the Review Board, shall state concisely the grounds on which the findings and conclusions in the report are challenged and the reasons why the reputation of the person requesting the review is likely to be adversely affected by such findings and conclusions and there shall be appended to the notice a copy of any representations made under regulation 12(3) above.
3
A copy of the notice of review (together with a copy of any representations made under regulation 12(3) above) shall, at the same time as the notice of review is served on the Secretary of State, be served on the Treasury Solicitor, and the person requesting the review shall then or as soon as possible thereafter inform the Treasury Solicitor whether or not he proposes to be represented at the hearing of the review and of the name and address of the solicitor, if any, acting for him or of any other person who will be representing him at the review.
4
A copy of the notice of review (together with a copy of any representations made under regulation 12(3) above) shall also be served by the person requesting the review on all other persons on whom the Inspector has served a notice under regulation 12(1) above, and for this purpose the person requesting the review may require the Inspector to furnish him with the names and addresses of those persons.
Appointment of Review Board and preliminary meeting
14
1
Where a notice of review in accordance with regulation 13 above has been served, the review shall be entrusted to a Review Board consisting of a chairman to be appointed for the purpose by the Lord Chancellor and such technical assessors as may be so appointed.
2
Before the hearing of the review the Review Board shall hold a preliminary meeting at which any directions may be given or any preliminary interlocutory order as to the procedure may be made. Not less than 21 days' notice of the date, time and place of the preliminary meeting shall be given by the Treasury Solicitor to the person requesting the review and all persons on whom a copy of the notice of review has been served and any person intending to make any application to the Review Board at the meeting shall give notice thereof to the Treasury Solicitor.
3
The preliminary meeting shall be in public unless the Review Board determines that it is to be held in private in the interests of justice or in the public interest.
4
Where at any time during the preliminary meeting the Review Board is satisfied that any of the findings and conclusions in the Inspector’s report do not adversely affect the reputation of the person requesting the review, the Review Board may decide not to proceed with the review in respect of those findings and conclusions.
5
The Review Board shall not reach a decision under paragraph (4) above unless it has given the person requesting the review and all persons on whom a copy of the notice of review has been served an opportunity to make representations as to whether the review should be proceeded with.
6
The Treasury Solicitor shall serve on the person requesting the review and all other persons on whom the Inspector has served a notice under regulation 12(1) above, not less than 21 days' notice of the date, time and place of the hearing of the review.
7
The hearing shall be in public unless the Review Board determines, in relation to the whole or part of the review, that it is to be held in private in the interests of justice or in the public interest:
Provided that a decision by the Review Board that the hearing, or part of it, shall be held in private shall not preclude the Inspector who made the report or a member of the Council on Tribunals, or in the case of a Review Board sitting in Scotland, any member of the Scottish Committee of the Council, from being present at the hearing.
8
The Review Board shall be assisted by the Treasury Solicitor, or by Counsel instructed by him, who shall present any evidence required by the Review Board and may examine any witnesses giving evidence at the review; the Chief Inspector shall render such assistance to the Review Board as is in his power.
Proceedings of Review Board
15
1
The person requesting the review shall be heard by the Review Board and shall have the right to give evidence, produce witnesses and examine any other witnesses giving evidence at the review. The Inspector who made the report shall be entitled to be heard by the Review Board.
2
Any person who in the opinion of the Review Board may be directly affected by the review may be granted leave to appear and to give evidence, produce witnesses and examine any other witnesses giving evidence at the review. Any application for such leave may be made to the Review Board at the preliminary meeting.
3
In any proceedings of the Review Board the person requesting the review and any other person appearing pursuant to leave granted under paragraph (2) above may appear in person or be represented by any other person whom he may have authorised to represent him.
4
The proceedings of the Review Board shall commence with the giving of evidence by the person requesting the review and the production and examination of witnesses on his behalf. When the examination of witnesses on behalf of such person has been concluded the Review Board shall proceed to hear the other persons appearing before it.
5
The Review Board shall have all the powers of an Inspector under these Regulation and, in addition, may administer an oath to or require a solemn affirmation from any witness.
6
a
Where new and important evidence is given at the review, which was not given at the Inspector’s investigation, the Review Board may, on an application by the Chief Inspector, discontinue the review, and the Chief Inspector shall thereupon cause the investigation to be re-opened.
b
Where at any time during the review the Review Board is satisfied that any of the findings and conclusions in the Inspector’s report do not adversely affect the reputation of the person in respect of whom the notice of review was served, the Review Board may discontinue the review in respect of those findings and conclusions.
c
Where a review is totally discontinued under this paragraph no report shall be made to the Secretary of State under paragraph (9) below.
7
Every person summoned by the Review Board as a witness shall be allowed such expenses as the Secretary of State, with the approval of the Treasury, may determine.
8
a
The Review Board may, if it thinks fit, order any person who appears or is represented as mentioned in paragraph (3) above to pay in respect of the costs of the Review Board or of any other person who appears or is represented as mentioned in paragraph (3) above such sum as may be specified in the order, or the taxed amount of those costs or such part thereof as may be so specified upon such basis as may be so specified, and, without prejudice to the generality of the foregoing, the Review Board shall, in determining whether to make an order as to costs against any person, have regard to whether or not that person took advantage of such opportunities as were open to him to make representations under regulation 12 above or, where that person gave new and important evidence at the review and the review was discontinued, whether or not that person could reasonably have given that evidence at the Inspector’s investigation.
b
Any costs required by an order under sub-paragraph (a) above to be taxed shall be taxed by the Supreme Court Taxing Office on the basis specified in the order.
c
Any sum payable by virtue of an order under sub-paragraph (a) shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if payable under an order of the court.
9
Upon completion of the review the Review Board shall make a report to the Secretary of State containing a summary of the proceedings at the hearing and either confirming or rejecting in whole or us part those findings and conclusions of the Inspector which were the subject of the review, together with its reasons therefor, and the Secretary of State shall serve a copy of the report on all persons who appeared or were represented before the Review Board.
Publication of Reports
16
The Secretary of State shall, unless in his opinion there are good reasons to the contrary, cause the Inspector’s report and, where a Review Board has been held, the report of the Review Board, to be made public wholly or in part in such manner as he thinks fit:
Provided that–
i
in any case where notice has been served under regulation 12(1) above, the Inspector’s report shall not be published before the expiry of the time for service of a notice of review under regulation 13(1) above; and
ii
save where a review is totally discontinued under regulation 15(5) above, in any case where a Review Board is held, the Inspector’s report shall not be published until the Review Board has made a report to the Secretary of State under regulation 15(9) above.
Reopening of Investigation or Review
17
1
In the case of any formal investigation which has not been the subject of a review, the Chief Inspector may cause the investigation to be reopened, and in the case of a review, including a review which has been discontinued under regulation 15(6), the Secretary of State may direct the review to be reheard or, if a decision has been reached under regulation 14(4) not to proceed with the review, may direct the review to be proceeded with, in each case either generally or as to any part thereof, and the Chief Inspector or the Secretary of State, as the case may be, shall do so–
a
if after the completion of the investigation or the completion or curtailment of the review evidence has been disclosed which is in his opinion both new and important, or
b
if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.
2
If the Secretary of State directs any review to be reheard or proceeded with the Lord Chancellor may direct that the review shall be reheard or proceeded with either by the Review Board by whom it was heard or to which it had been entrusted in the first instance or by some other Review Board appointed by him to hold the rehearing.
3
Any investigation reopened or review reheard or proceeded with shall be subject to and conducted in accordance with the provisions of these Regulations relating to a formal investigation or review thereof as the case may be.
PART III
PUBLIC INQUIRIES
Holding of Public Inquiries
18
1
Where it appears to the Secretary of State that it is expedient in the public interest to hold a Public Inquiry into the circumstances and causes of an accident to which these Regulations apply or into any particular matter relating to the avoidance of such accidents in the future, he may direct that a Public Inquiry be held by a Commissioner appointed by the Lord Chancellor. In any such case any investigation relating to the accident or to the particular matter, as the case may be, shall be discontinued except for the purpose of rendering assistance as required by paragraph (3) below.
2
The Commissioner (hereinafter called “the Court”) shall be a judge or a barrister of not less than ten years standing and shall be assisted by not fewer than two Assessors possessing aeronautical, engineering or other special skills or knowledge. The Assessors shall be appointed by the Lord Chancellor.
3
Where the Secretary of State has directed a Public Inquiry to be held, he shall remit the case to the Attorney-General, and thereafter the preparation and presentation of the case shall be conducted by the Treasury Solicitor under the direction of the Attorney-General; the Chief Inspector shall render such assistance to the Court and to the Attorney-General as is in his power.
4
When the Secretary of State has directed a Public Inquiry to be held, the Attorney-General shall cause a notice of the date, time and place and the nature of the Public Inquiry to be served upon the owner, operator, hirer and commander of any aircraft involved in the accident and on any other person who in his opinion ought to be served with such notice.
5
The Attorney-General, the owner, the operator, the hirer, the commander and any other person upon whom a notice of inquiry has been served under paragraph (4) above, shall be deemed to be parties to the proceedings.
6
Any other person may by leave of the Court appear, and any person who obtains leave to appear shall thereupon become a party to the proceedings. Any application for such leave may be made to the Court at a preliminary meeting.
7
At any time before the date appointed for holding the inquiry, the Court may hold a preliminary meeting at which any directions may be given or any preliminary or interlocutory order as to the procedure may be made. Notice of the date, time and place of the preliminary meeting shall be given by the Treasury Solicitor to the parties to the proceedings and to any other person who has notified the Treasury Solicitor that he intends to apply to the Court for leave to appear. Any person intending to make an application to the Court at the meeting shall give notice thereof to the Treasury Solicitor.
8
The Court shall have, for the purposes of the inquiry, all the powers of a Magistrate’s Court, and without prejudice to those powers, the Court may–
a
enter and inspect, or authorise any person to enter and inspect, any place, building or aircraft the entry or inspection whereof appears to the Court to be requisite for the purposes of the inquiry;
b
by summons require the attendance as witnesses of all such persons as the Court thinks fit to call and examine, and require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the Court may consider relevant;
c
administer an oath to or require a solemn affirmation from any such witness.
The Assessors shall have the same power of entry and inspection as the Court.
9
Affidavits and statutory declarations may, by permission of the Court, be used as evidence at the hearing.
10
At the time and place appointed for holding the inquiry the Court may proceed with the inquiry whether the parties, upon whom a notice of inquiry has been served or who have obtained leave to appear, or any of them, are present or not.
11
The Court shall hold the inquiry in public Court save to the extent to which the Court directs, in relation to any part of the evidence or any argument relating thereto, that the inquiry be held in private in the interest of justice or in the public interest.
12
The Inspector who carried out or, before its discontinuance under paragraph (1) above, was carrying out an investigation into an accident to which the inquiry relates and a member of the Council on Tribunals, or in the case of an inquiry held in Scotland, a member of the Scottish Committee of that Council shall be entitled to be present at any proceedings of the Court held in private.
Proceedings of Public Inquiries
19
1
The proceedings on the inquiry shall commence with an opening speech by or on behalf of the Attorney-General, followed at the discretion of the Court with brief speeches by or on behalf of the other parties. The proceedings shall continue with the production and examination of witnesses on behalf of the Attorney-General. These witnesses, after being examined on behalf of the Attorney-General, may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined on behalf of the Attorney-General.
2
When the examination of the witnesses produced on behalf of the Attorney-General has been concluded, the Court shall proceed to hear the other parties to the proceedings. Each party to the proceedings shall be entitled to address the Court and produce witnesses or recall any of the witnesses who have already been examined for further examination and generally adduce evidence. The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the Court shall direct. Further witnesses may also be produced and examined on behalf of the Attorney-General and may be cross-examined by the parties and re-examined on behalf of the Attorney-General.
3
When the whole of the evidence has been concluded any of the parties who desires so to do may address the Court upon the evidence and the Court may be addressed in reply upon the whole case on behalf of the Attorney-General.
4
The Court may adjourn the inquiry from time to time and from place to place, and where an adjournment is asked for by any party to the inquiry the Court may impose such terms as to payment of costs or otherwise as it may think just as a condition of granting the adjournment.
5
Upon completion of the inquiry, the Court shall make a report to the Secretary of State stating the facts relating to the accident and the opinion of the Court touching the cause or causes of the accident or on the particular matter referred to the Court and adding any recommendations which the Court thinks fit to make with a view to the preservation of life and the avoidance of accidents in the future.
6
Each Assessor shall either sign the report with or without reservations, or state in writing his dissent therefrom and his reasons for any such dissent, and such reservations or dissent and reasons shall be forwarded to the Secretary of State with the report. The Secretary of State shall, unless in his opinion there are good reasons to the contrary, cause any such report and reservations or dissent and reasons to be made public wholly or in part in such manner as he thinks fit.
7
Every person attending as a witness before the Court shall be allowed such expenses as would be allowed to a witness attending before the High Court, and in case of dispute as to the amount to be allowed, the same shall be referred by the Court to a master of the Supreme Court Taxing Office who on request signed by the Court shall ascertain and certify the proper amount of the expenses:
Provided that in the case of any party to the proceedings or of any person in the employment of such a party, any such expenses may be disallowed if the Court in its discretion so directs.
Rehearing of Public Inquiries
20
1
The Secretary of State may, in any case where a Public Inquiry has been held, direct the inquiry to be reheard either generally or as to any part thereof and shall do so–
a
if after the completion of the inquiry evidence has been disclosed which is in his opinion both new and important, or
b
if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.
2
If the Secretary of State directs any inquiry to be reheard, the Lord Chancellor may direct that the inquiry shall be reheard either by the Court by whom it was heard in the first instance or by some other person appointed by him to hold the rehearing.
3
Any inquiry reheard shall be subject to and conducted in accordance with the provisions of these Regulations relating to the holding of Public Inquiries.
PART IV
GENERAL
Accidents to aircraft registered outside the United Kingdom
21
1
Where an accident has occurred in or over the United Kingdom to an aircraft registered in any country or territory other than the United Kingdom, the Secretary of State may authorise an investigator appointed by the duly competent authority of that other country or territory to carry out an investigation in the United Kingdom and in that event the Secretary of State shall so far as he is able facilitate inquiries by the investigator so appointed.
2
In any formal investigation or any Public Inquiry an accredited representative of the country or territory in which the aircraft is registered, or of any country or territory in which the aircraft was manufactured or which has, on request, furnished information in connection with the accident, may take part in the investigation or in the inquiry as the case may be, that is to say, he shall be permitted to visit the scene of the accident, examine the wreckage, question witnesses, receive copies of all pertinent documents (saving all just exceptions), have access to all relevant evidence and make submissions; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country or territory by which he is appointed.
3
Where an accident has occurred elsewhere than in the United Kingdom to an aircraft registered in any country or territory other than the United Kingdom, the Chief Inspector shall have power to take the measures described in regulation 9 above for the purpose of obtaining any information relevant to the investigation of the accident by the duly competent authority of the country or territory conducting such investigation.
Extension of time
22
The Inspector, in the case of the period of 28 days prescribed in regulation 12(3) above, and the Secretary of State, in the case of the period of 21 days prescribed in regulation 13(1) above, shall have power to extend the said periods, and this power shall be exercisable notwithstanding that the period so prescribed has expired.
Obstruction of Investigation
23
1
A person shall not obstruct or impede the Court or the Review Board or an Inspector or an Assessor or any person acting under the authority of the Secretary of State in the exercise of any powers or duties under these Regulations.
2
A person shall not without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under these Regulations tendered to him, to comply with any summons or requisition of the Court holding a Public Inquiry or of a Review Board or of an Inspector holding an investigation or undertaking any inquiries with a view to determining whether any investigation should be held under these Regulations.
Provisions as to Scotland
24
1
In the case of any accident occurring in or over Scotland any review of a formal investigation and any Public Inquiry, or rehearing of a review of a Public Inquiry, shall be held in Scotland unless the Secretary of State after consulting with the Lord Advocate otherwise determines.
2
In the application of these Regulations to Scotland and to any review or Public Inquiry held there–
a
for any reference to the Lord Chancellor there shall be substituted a reference to the Lord President of the Court of Session;
b
for any reference to the Attorney-General there shall be substituted a reference to the Lord Advocate;
c
for any reference to the Treasury Solicitor there shall be substituted a reference to the Crown Agent;
d
for any reference to a barrister there shall be substituted a reference to an advocate;
e
for any reference to a summons there shall be substituted a reference to an order;
f
for any reference to a Magistrates' Court there shall be substituted a reference to a Court of Summary Jurisdiction;
g
for any reference to a witness attending before the High Court there shall be substituted a reference to a witness attending an inquiry under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 ;
h
for any reference to costs there shall be substituted a reference to expenses;
i
in sub-paragraph (a) of regulation 15(8) above, the words “upon such basis as may be so specified” there shall be omitted and for sub-paragraphs (b) and (c) of that Regulation there shall be substituted the following sub-paragraphs:–
b
Any expenses required by an order under the foregoing sub-paragraph to be taxed shall be taxed by the Auditor of the Court of Session as if between solicitor and client on the basis that a reasonable amount in respect of all expenses reasonably incurred shall be allowable; and the Auditor shall endorse on the order a docquet stating the amount of the expenses as so taxed.
c
Any order under sub-paragraph (a) above, together with any docquet endorsed thereon under the last foregoing sub-paragraph, may be recorded for execution in the Books of Council and Session, and shall be enforceable accordingly.
;
j
in Regulation 18(3) above the words “by the Treasury Solicitor” shall be omitted;
k
in Regulation 19(1) above the words from “with an opening speech” to “shall continue” shall be omitted;
l
in Regulation 19(7) above the words from “and in case of dispute” to “the proper amount of the expenses” shall be omitted.
Provisions as to Northern Ireland
25
1
In the case of any accident occurring in or over Northern Ireland any review of a formal investigation and any Public Inquiry, or rehearing of a review or a Public Inquiry, shall be held in Northern Ireland unless the Secretary of State after consulting with the Secretary of State for Northern Ireland otherwise determines.
2
In the application of these Regulations to Northern Ireland and to any review or Public Inquiry held there–
a
for any reference to the Lord Chancellor, there shall be substituted a reference to the Lord Chief Justice of Northern Ireland;
b
for any reference to the Attorney-General, there shall be substituted a reference to the Attorney-General for Northern Ireland;
c
for any reference to the Treasury Solicitor, there shall be substituted a reference to the Crown Solicitor for Northern Ireland;
d
for any reference to a barrister, there shall be substituted a reference to a barrister practising in Northern Ireland;
e
for any reference to the High Court, there shall be substituted a reference to the High Court of Justice in Northern Ireland or any judge thereof;
f
for any reference to the Supreme Court Taxing Office, there shall be substituted a reference to the Taxing Office of the Supreme Court of Judicature of Northern Ireland;
g
for any reference to a Magistrates' Court there shall be substituted a reference to a Court of Summary Jurisdiction;
h
for any reference to local police authorities, there shall be substituted a reference to a Superintendent or Chief Inspector of the Royal Ulster Constabulary having authority in the district, or in a district contiguous to the district, in or over which an accident occurs.
Revocation
26
The Civil Aviation (Investigation of Accidents) Regulations 1983 are hereby revoked:
Provided that the revocation shall not affect any investigation, review or inquiry commenced under those Regulations and any such investigation, review or inquiry may be continued as if these Regulations had not been made.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
7th November 1989


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1989, and shall come into force on 1st April 1989.
Interpretation
2
In these Regulations the expression“the principal Regulations ” means the Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1987 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended as follows:–
a
by inserting in regulation 2(1) thereof after the definition of“dairy farm visit” the following definition:–
“follow-up visit” means a dairy farm visit arising out of the findings of a previous dairy farm visit for which a charge has been made under these Regulations;
;
b
by substituting for paragraph (b) of regulation 3(3) thereof the following paragraph:–
b
which is–
i
a follow-up visit other than for the sole purpose of taking samples of milk or of water or both or, where there are several such follow-up visits, the first such follow-up visit, or
ii
a follow-up visit for the sole purpose of taking samples of milk or of water or both;
;
c
by substituting the following Schedule for the Schedule thereto:–
SCHEDULE
Regulation 3
Matter Charge £
1
Dairy farm visit other than a dairy farm visit for the sole purpose of taking samples of milk or of water or both.
a
higher rate of charge
78.00
b
lower rate of charge
60.00
2
Dairy farm visit for the sole purpose of taking samples of milk or of water or both.
26.00
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
6th March 1989
Peter Walker
Secretary of State for Wales
6th March 1989


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) Regulations 1989 and shall come into force on 1st October 1989.
2
These Regulations extend to England and Wales.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Local Government, Planning and Land Act 1980;
“contractual highway work” means general highway works carried out by a local authority or development body by placing a contract for the doing of the work by another person (either directly or, in whole or in part, through subcontractors) which provides, or provides principally, for the carrying out of general highway works, the value of which does not exceed £25,000;
“emergency work” means–
in relation to work to be done before 1st April 1990 work of any description whose necessity could not reasonably have been foreseen by the local authority or development body concerned and which is required to avert, alleviate or eradicate in their area, or any part of it, the effects or potential effects of any emergency or disaster involving or likely to involve risk of serious damage to or destruction of property or risk of injury or danger to health or life; and
in relation to work to be done on or after 1st April 1990 work of any description the necessity for which could not reasonably have been foreseen by the local authority or development body concerned and which is–
required to avert, alleviate or eradicate in their area, or any part of it, the effects or potential effects of any emergency or disaster which involves or is likely to involve risk of serious damage to or destruction of property or risk of injury or danger to health or life;
required to be put in hand as a matter of urgency within 48 hours of the emergency or disaster occurring; and
not work on a scale or of a nature normally undertaken by that authority or development body.
“estimated cost” in relation to a job, means the aggregate of the amounts which a local authority or development body will credit to their DLO revenue account in respect of the carrying out of all the items of construction or maintenance work comprised in that job–
so far as such amounts will fall to be determined in accordance with a written statement prepared in compliance with section 9(2)(a) of the Act, as so determined; and
so far as such amounts will fall to be determined in accordance with a method specified in a written statement prepared in accordance with section 9(2)(b) of the Act, as estimated in accordance with that method;
“general highway works” has the meaning given to it in section 10(3) of the Act;
“job” means all the functional work which can reasonably be carried out most economically and efficiently under one arrangement;
“relevant highway work” means general highway works comprised in a works contract which provides, or provides principally for, or in a job which consists, or consists principally of, general highway works, and for which the value of the contract or the estimated cost of the job does not exceed £25,000;
“works of maintenance” means works of maintenance within the meaning of the Local Authorities (Goods and Services) Act 1970 not being general highway works or the maintenance of a sewer;
“works of new construction” means building or civil engineering works of any description not being general highway works, the construction of a sewer or works of maintenance.
2
Subject to paragraph (3) below, in ascertaining (for the purposes of these Regulations) the description of work for which a contract principally provides, or of which a job principally consists, regard shall be had only to–
a
the value of the contract so far as it is attributable to works of each description mentioned in paragraphs (a) to (d) of regulation 3 and comprised in the contract, or
b
the estimated cost of the job so far as it is attributable to works of each description mentioned in paragraphs (a) to (d) of regulation 3 and comprised in the job, and if the value of the contract or the estimated cost of the job so far as attributable to works of two or more descriptions is the same, that contract or job shall be treated as providing principally for works of each of those descriptions.
3
In ascertaining for the purposes of paragraph (1) above or regulation 6 or 8 the description of work for which a contract principally provides, or of which a job principally consists, no regard shall be had to the value of the contract or the estimated cost of the job so far as in either case it is attributable to the construction or maintenance of a sewer.
Prescribed amounts for works contracts
3
For the purposes of section 7(1) of the Act (prescribed amounts for certain works contracts) the following amounts are prescribed for works contracts of the following descriptions, namely for a contract which provides, or provides principally, for the carrying out of–
a
general highway works, £25,000;
b
the construction or maintenance of a sewer, £50,000;
c
works of new construction, £50,000;
d
works of maintenance, £10,000.
Treatment of certain works contracts as a single contract
4
For the purposes of determining whether the value of a works contract exceeds the amount prescribed by regulation 3 the value of any other contract made within the preceding 6 months by the local authority or development body in question for work of the same or similar description on the same site or surface or on an adjacent site or surface shall be treated as forming part of the value of that contract.
Requirement to tender for certain works contracts
5
The following condition is prescribed for the purposes of section 7(1)(b) of the Act (conditions to be complied with in the case of works contracts whose value is equal to or less than the prescribed amount) in relation to a works contract to which this regulation applies, namely, that the contract is entered into as the result of acceptance of a tender within the meaning of section 7(3) of the Act.
Application of Regulation 5
6
1
Regulation 5 applies–
a
to any works contract of a value which does not exceed £25,000 providing or providing principally for the carrying out of general highway works if the value of the contract together with the value of all relevant highway work previously undertaken by the authority otherwise than in accordance with section 7 or the conditions mentioned in section 9(3)(a) of the Act in the same financial year exceeds the relevant limit;
b
to any works contract of a value which does not exceed £50,000 providing or providing principally for the carrying out of works of new construction;
c
to any works contract of a value which does not exceed £10,000 providing or providing principally for the carrying out of works of maintenance.
2
For the purpose of paragraph (1)(a) the relevant limit is 40% of the aggregate value of all relevant highway work undertaken and all contractual highway work carried out by the authority in the immediately preceding financial year.
Exempted works contracts
7
1
Section 7(1) of the Act shall not apply to works contracts of any of the following descriptions–
a
a contract for the carrying out of emergency work;
b
a contract for the gritting of or the clearing of snow from highways;
c
a contract which satisfies the following conditions–
i
it is a contract for the carrying out of works of new construction, general highway works, or for the construction of a sewer or it is a contract for works of maintenance to be carried out before 1st April 1990;
ii
it is a further contract the value of which does not exceed by more than 10% the value of a former contract of a similar description awarded to the local authority at any time in the immediately preceding period of 12 months and in relation to which the value of each of the separate items of work comprised and priced in the contract does not exceed by more than 10% the value of each corresponding separate item of work (if any) comprised and priced in the former contract;
iii
except in the case of a contract for works of maintenance, the work comprised in the contract is to be carried out on the same site or surface as the work comprised in the former contract or on sites or surfaces adjacent to those on which the work comprised in the former contract has been or is to be carried out;
2
For the purposes of this regulation a contract is a former contract if, and only if–
a
it was made as the result of an invitation to tender which was extended to at least three other persons who are not, or include at least three other persons who are not, local authorities or development bodies;
b
the local authority submitted the lowest tender following that invitation;
c
it has not been renewed (either by extension or the making of a new contract for work of a similar description) unless the invitation to tender, as a result of which it was awarded, specifically referred to the award to the successful contractor of one or more further contracts.
Functional work
8
1
Subject to regulation 9, a local authority or development body may not, unless they have first complied with the conditions mentioned in section 9(3)(a) of the Act as well as with those in section 9(2), undertake functional work of the following descriptions–
a
a job consisting or consisting principally of general highway works where the estimated cost of the job exceeds £25,000;
b
a job consisting or consisting principally of the construction or maintenance of a sewer where the estimated cost of the job exceeds £50,000;
c
a job consisting or consisting principally of works of new construction;
d
a job consisting or consisting principally of works of maintenance;
e
a job consisting or consisting principally of general highway works where the estimated cost of the job does not exceed £25,000 if the estimated cost of the job together with the aggregate value of all relevant highway work previously undertaken by the authority or body otherwise than in accordance with section 7 or the conditions mentioned in section 9(3)(a) of the Act in the same financial year exceeds the relevant limit;
2
For the purpose of paragraph (1)(e) the relevant limit is 40% of the aggregate value of all relevant highway work undertaken and all contractual highway work carried out by that authority or body in the immediately preceding financial year;
Exempted functional work
9
1
Regulation 8 above shall not apply to functional work of the following descriptions, namely–
a
emergency work;
b
the gritting of or the clearing of snow from highways;
c
work comprising a job which satisfies the following conditions–
i
it is a job for the carrying out of works of new construction, general highway works, or for the construction of a sewer or it is a job for works of maintenance to be carried out before 1st April 1990;
ii
it is a further job the estimated cost of which does not exceed by more than 10% the estimated cost of a former job of a similar description undertaken by the local authority or development body in question in the immediately preceding 12 months and in relation to which the estimated cost of each separate item of work comprised and priced in the job does not exceed by more than 10% the estimated cost of each corresponding item of work (if any) comprised and priced in the former job;
iii
except in the case of a job which is a work of maintenance, the work comprised in the job is to be carried out on the same site or surface as the work comprised in the former job or on sites or surfaces adjacent to those on which the work comprised in the former job has been or is to be carried out.
2
For the purposes of this regulation a job is a former job, if and only if–
a
it was undertaken following an invitation to tender which was extended to at least three other persons who were not, or included at least three other persons who were not, local authorities or development bodies;
b
the estimated cost of the job submitted by the authority or development body was lower than the lowest tender submitted following that invitation; and
c
the job has not been renewed (either by extension of time or the undertaking of a new job of a similar description) unless the invitation to tender following which it was undertaken specifically referred to the award to the successful tenderer of one or more further contracts
Revocation
10
The Local Government (Direct Labour Organisations) (Competition) Regulations 1983 , the Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1987 and the Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1988 are hereby revoked.
Michael Howard
Minister of State,
Department of the Environment
1st September 1989
Peter Walker
Secretary of State for Wales
2nd September 1989


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Registration Appeal Court) 1989 and shall come into force on 7th August 1989.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Registration Appeal Court
2
From the date this Act of Sederunt comes into force, the court of three judges for hearing registration appeals under section 57 of the Representation of the People Act 1983 shall be the Honourable Lord Dunpark, the Honourable Lord Cowie and the Right Honourable the Lord Morton of Shuna.
Emslie
Lord President, I.P.D.
Edinburgh,
14th July 1989


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Regulations 1989 and shall come into force on 1st April 1989.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the National Health Service Act 1977;
“accepted disablement” means physical or mental injury or disease which is accepted by the Secretary of State as attributable to or aggravated by service in the armed forces of the Crown or such other service as he may determine;
“appliance” means a listed appliance within the meaning of section 41 of the Act but does not include a contraceptive appliance;
“chemist” includes any person, other than a doctor, providing pharmaceutical services;
“ Committee ” means Family Practitioner Committee;
“doctor” means a registered medical practitioner;
“drugs” includes medicines, but does not include contraceptive substances;
“elastic hosiery” means an above-knee, below-knee or thigh stocking;
“exemption” means any remission granted under these regulations from charges payable under these regulations;
“exemption certificate” has the meaning assigned to it by regulation 7(1);
“medical list” means the list of doctors prepared under regulation 4(1) of the Medical Services Regulations ;
“the Medical Services Regulations” means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ;
“oxygen concentrator” and “oxygen concentrator services” have the meanings assigned to them by regulation 26D of the Medical Services Regulations ;
“patient” means–
any person for whose treatment a doctor is responsible under his terms of service;
any person who applies to a chemist for the provision of pharmaceutical services including a person who applies on behalf of another person; or
a person who pays or undertakes to pay on behalf of another person a charge for which these regulations provide;
“pre-payment certificate” has the meaning assigned to it by regulation 8(1);
“prescription form” means a form on which the provision of pharmaceutical services may be ordered by–
a doctor in pursuance of a health authority’s functions; or
a doctor or dental practitioner under the provisions of their terms of service,
and which contains on its reverse side a form of declaration of entitlement to exemption;
“terms of service” in relation to doctors and chemists has the meaning assigned to it in regulation 2(1) of the Medical Services Regulations and in relation to dental practitioners the meaning assigned to it in regulation 2(1) of the National Health Service (General Dental Services) Regulations 1973 ;
“the Travelling Expenses and Remission of Charges Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ;
“treatment” includes examination and diagnosis.
2
For the purposes of these Regulations the supply against an order on one prescription form–
a
of quantities of the same drug in more than one container shall be treated as the supply of only one quantity of a drug;
b
of more than one appliance of the same type, except in the case of elastic hosiery and tights, or of two or more component parts of the same appliance shall be treated as the supply of only one appliance.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations which bears that number, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Supply of drugs and appliances by chemists
3
1
A chemist who provides pharmaceutical services to a patient shall, subject to paragraph (2), make and recover from that patient–
a
in respect of an item of elastic hosiery a charge of £2.80, that is to say a charge of £5.60, per pair;
b
in respect of an oxygen concentrator, a charge of £2.80 for each month in which the chemist provides any oxygen concentrator services;
c
in respect of the supply of each other appliance and of each quantity of a drug, a charge of £2.80.
2
No charge shall be made and recovered under paragraph (1) where–
a
there is exemption under regulation 6 and a declaration of entitlement to exemption on the prescription form is duly completed by or on behalf of the patient;
b
there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations;
c
the patient is resident in a school or institution the name of which is inserted on the prescription form by a doctor under his terms of service; or
d
a chemist provides oxygen concentrator services to a patient in a month and a charge is already required to be made under these Regulations to that patient, whether by that or another chemist, in respect of another oxygen concentrator for that month or such charge would be required to be made but for any exemption.
3
For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of £2.80 payable for that drug shall be payable upon the supply of the first instalment.
4
A chemist, notwithstanding the provisions of his terms of service, shall be under no obligation to provide pharmaceutical services in respect of an order on a prescription form unless he is first paid by the patient any charge required to be made and recovered by paragraph (1) in respect of that order.
5
A chemist who makes and recovers a charge under paragraph (1) shall, if so required by the patient, give him a receipt for the amount received on a form provided for the purpose by the Committee which shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
6
Any sum which would otherwise be payable by a Committee to a chemist in respect of the provision by him of pharmaceutical services shall be reduced by the amount of any charges which are required to be made and recovered by the preceding provisions of this regulation.
Supply of drugs and appliances by doctors
4
1
A doctor who provides pharmaceutical services to a patient shall, subject to paragraph (2), make and recover from that patient–
a
in respect of the supply of an item of elastic hosiery a charge of £2.80, that is to say a charge of £5.60 per pair;
b
in respect of the supply of each other appliance and of each quantity of a drug, a charge of £2.80.
2
No charge shall be made and recovered under paragraph (1) where–
a
there is exemption under regulation 6 and the patient or a person on his behalf declares, in writing if the doctor so requires, that he is entitled to exemption;
b
there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations; or
c
the drugs or appliances are supplied in respect of two or more persons in a school or institution in which at least 20 persons are normally resident of whom at least 10 are his patients.
3
For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of £2.80 payable for that drug shall be payable upon the supply of the first instalment.
4
A doctor shall, notwithstanding the provisions of his terms of service, be under no obligation to provide pharmaceutical services for which a charge is required to be made and recovered by paragraph (1) unless he is first paid the amount of that charge by the patient.
5
A doctor who makes and recovers a charge under paragraph (1) shall, if so required by the patient, give him a receipt for the amount received on a form provided for the purpose by the Committee which shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
6
A doctor shall as soon as practicable after the end of each month send a sum of money, equal to the total of the charges required to be made and recovered by him under paragraph (1) during that month, to the Committee on whose medical list he is included, or, if he is included on more than one medical list, to the Committee which, under the provisions of the Statement published under regulation 24 of the Medical Services Regulations, pays him for the provision of general medical services on behalf of all the Committees concerned.
7
Nothing in this regulation shall authorise the payment of a charge where the drug or appliance supplied either–
a
is needed for immediate treatment and no order for the drug or appliance is made on a prescription form; or
b
is administered or applied to the patient by the doctor personally.
Supply of drugs and appliances by health authorities
5
1
A health authority which supplies to a patient, for the purposes of his treatment, drugs otherwise than for administration at a hospital or appliances shall, subject to paragraph (2), make and recover from the patient–
a
in respect of an item of elastic hosiery a charge of £2.80, that is to say a charge of £5.60 per pair;
b
in respect of an appliance specified in column (1) of Schedule 1, the charge specified in relation to it in column (2) of that Schedule;
c
in respect of tights, a charge of £5.60;
d
in respect of the supply of each other appliance and of each quantity of a drug, a charge of £2.80.
2
No charge shall be made and recovered under this regulation from a patient who is exempt–
a
under paragraph 1(1)(a) to (d) of Schedule 12 to the Act;
b
under regulation 6 and who provides such evidence of his exemption as the health authority may reasonably require; or
c
by reason of being entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations.
3
For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of £2.80 payable for that drug shall be payable upon the supply of the first instalment.
4
A health authority which makes and recovers a charge under this regulation shall, if so required by the patient, give him a receipt for the amount received on a form which shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
Exemptions
6
1
No charge shall be payable under regulation 3 or regulation 4 by–
a
a person who is under 16 years of age;
b
a person who is under 19 years of age and is receiving qualifying full-time education within the meaning of paragraph 7 of Schedule 12 to the Act ;
c
a man who has attained the age of 65 years or a woman who has attained the age of 60 years;
d
a woman with a valid exemption certificate issued by a Committee on the ground that she is an expectant mother or has within the last twelve months given birth to a live child or a child registrable as still-born under the Births and Deaths Registration Act 1953 ;
e
a person with a valid exemption certificate issued by a Committee on the ground that he is suffering from one or more of the following conditions–
i
permanent fistula (including caecostomy, colostomy, laryngostomy or ileostomy) requiring continuous surgical dressing or an appliance;
ii
the following disorders for which specific substitution therapy is essential–
Addison’s disease and other forms of hypoadrenalism,
diabetes insipidus and other forms of hypopituitarism,
diabetes mellitus,
hypoparathyroidism,
myasthenia gravis,
myxoedema;
iii
epilepsy requiring continuous anti-convulsive therapy;
iv
a continuing physical disability which prevents the patient from leaving his residence without the help of another person;
f
a person with a valid exemption certificate issued by the Secretary of State in respect of the supply of drugs and appliances for the treatment of accepted disablement, but only in respect of those supplies to which the certificate relates;
g
a person with a valid pre-payment certificate.
2
No charge shall be payable under regulation 5–
a
in respect of the supply of an appliance specified in column (1) of Schedule 1, by a person of a description specified in paragraph (1)(f);
b
in respect of the supply of an appliance not so specified or of drugs, by a person of a description specified in any of sub-paragraphs (c) to (g) of paragraph (1).
3
A charge referred to in column (1) of Schedule 1 shall, in the case of a person referred to in regulation 5 of the Travelling Expenses and Remission of Charges Regulations, be remitted to the extent specified in that regulation.
4
An exemption by reference to age or the validity of an exemption certificate shall be determined by reference to the age or validity on the day on which–
a
in the case of pharmaceutical services provided by a chemist, the order for drugs or appliances is presented for dispensing;
b
in any other case, the drugs or appliances are supplied.
5
Where a claim to exemption has been made but is not substantiated and in consequence of that claim a chemist, a doctor or a health authority has not recovered a charge in respect of the supply of any drugs or appliances, a Committee or that health authority shall recover such charge from the person concerned.
Certificates of exemption — application and issue
7
1
A person who wishes to claim exemption under the provisions of regulation 6(1)(d), (e) or (f) shall apply for a certificate conferring exemption (in these Regulations referred to as an “exemption certificate”) to the Committee in the case of an exemption under sub-paragraph (d) or (e) on a form supplied for that purpose by the Committee and in the case of an exemption under sub-paragraph (f) to an office of the Department of Social Security on a form supplied for that purpose by the Secretary of State.
2
A Committee, on being satisfied that an applicant is entitled to exemption under paragraph (1)(d), shall issue an exemption certificate which shall be valid–
a
in the case of an expectant mother until the end of her pregnancy and, where she gives birth to a live child or a child registrable as still-born under the Births and Deaths Registration Act 1953, until the end of the period of twelve months beginning with the expected date of confinement;
b
in the case of a mother who has given birth to a child, until the end of the period of twelve months beginning with the date of birth of that child.
3
A Committee, on being satisfied that an applicant, not being a person entitled to exemption under the provisions of regulation 6(1)(a), (b) or (c), is entitled to exemption under regulation 6(1)(e) shall issue to the applicant an exemption certificate which shall be valid for such period as it may determine.
4
The Secretary of State, on being satisfied that an applicant is entitled to exemption under regulation 6(1)(f), shall issue to the applicant an exemption certificate which shall be valid for such period as he may determine.
Pre-payment certificates
8
1
Subject to the following provisions of this regulation, a Committee on payment of the relevant sum prescribed by paragraph (5) shall as soon as reasonably practicable grant a certificate (in these regulations referred to as a “pre-payment certificate”) to any person who duly completes and submits an application for it on a form provided for the purpose by the Committee.
2
A pre-payment certificate shall be valid for a period of either four months or twelve months and an application for such a certificate shall indicate the period for which it is required to be valid.
3
A pre-payment certificate which is granted confers on the person to whom it is granted exemption as provided by regulation 6 in respect of drugs and appliances supplied during the period for which it is valid.
4
No pre-payment certificate shall be granted unless the application made for it is received less than one month before the date on which its period of validity is to begin.
5
For the purposes of this regulation the prescribed sum shall be £14.50 for a pre-payment certificate valid for 4 months and £40.00 for a pre-payment certificate valid for 12 months.
6
Where payment of a prescribed sum has been made under this regulation and, not more than one month after the date on which his certificate became valid, the person in respect of whom payment was made either becomes a person to whom any of the provisions of regulation 6(1)(b) to (f) applies, or dies, an application for repayment of that sum may be made, by or on behalf of that person or his estate, in accordance with paragraph (7).
7
An application under paragraph (6) shall be made to the Committee which granted the certificate and shall be accompanied by the certificate (where granted) and a declaration in support of the claim, and the claim and any repayment shall be made in such manner and subject to such conditions as the Secretary of State may determine.
Repayment of charges
9
1
Where a charge has been paid under these Regulations by or on behalf of a person who was at the time of payment exempt from the requirement to pay that charge, an application for repayment of that charge may be made in accordance with paragraph (2) by or on behalf of that person.
2
The application for repayment shall–
a
be made to the person or body specified in the receipt which is given under regulation 3(5), 4(5) or 5(4) as being the person or body to whom application for repayment of charges is to be made;
b
be made within such period of the supply of the drug or appliance, and in such form and manner, as the Secretary of State may determine for the applicant, any class of applicant or applicants generally;
c
be accompanied by the receipt for the charge paid and a declaration as to the grounds of exemption.
3
In the case of a charge under regulation 5 in respect of an appliance specified in column (1) of Schedule 1, the application shall be accompanied by the exemption certificate referred to in regulation 6(1)(f) and, if the patient was referred by a doctor to the health authority for treatment, either–
a
a certificate from the doctor certifying that the treatment was for accepted disablement; or
b
a statement that such a certificate was surrendered to the health authority on or before the supply of the appliance.
4
The Secretary of State shall make arrangements for the repayment of any charge paid under these Regulations by a person who is entitled to exemption.
Application
10
These Regulations shall apply only where drugs and appliances are supplied on or after 1st April 1989.
Revocations
11
The Regulations specified in column (1) of Schedule 2 are hereby revoked to the extent specified in column (3) of that Schedule.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
9th March 1989.


text:
Title and commencement
1
This Order may be cited as the Building Societies (Money Transmission Services) Order 1989 and shall come into force on 1st July 1989.
Interpretation
2
In this Order–
“ the Act ” means the Building Societies Act 1986;
“the 1987 Order ” means the Building Societies (Limited Credit Facilities) Order 1987 ; and
“ society ” means a building society.
Money transmission service debts and accounts
3
1
The forms of property which, by virtue of this Order, a society is to have power, subject to the provisions of this Order, to acquire, hold and dispose of as class 3 assets are money transmission service debts.
2
For the purposes of this Order–
a
“money transmission service debt” means the sum in which a person is indebted to a society on a money transmission service account (whether that sum represents principal, interest or other sums payable on the money transmission service account and whether it is immediately payable or not),
b
“money transmission service account holder” means that person, and
c
“money transmission service account” means an account which is provided by a society to a person to facilitate the provision of money transmission services by the society to that person and on which that person may, temporarily or occasionally, in the course of and as an incident of receiving money transmission services from the society, become indebted to the society.
Societies to which power is available
4
The power conferred by this Order is not available to a society which does not for the time being have a qualifying asset holding, but the cessation of its availability does not require the disposal of any property.
Limit on power
5
A society may acquire, hold and dispose of a money transmission service debt only where it is owed by a person other than an individual.
Class 3 asset limits
6
The aggregate of money transmission service debts owing to a society shall count in accordance with section 20 (commercial asset structure requirements) of the Act towards the limits applicable to class 3 assets under that section, and in calculating that aggregate–
a
where the society has the power conferred by section 34(1) of and item 1 of Part I of Schedule 8 to the Act (power to provide banking services) and the power conferred by this Order, any current overdraft which could be permitted under either of those powers shall be treated as a money transmission service debt;
b
where a money transmission service account holder holds other accounts with the society, the value of any shares or deposits in those other accounts shall not be taken into account;
c
where the society has money transmission service accounts upon which there is no current indebtedness to the society, the balance of such accounts shall not be taken into account.
Amendment of the 1987 Order
7
For article 7 of the 1987 Order there shall be substituted the following article–
Class 3 asset limits
7
The aggregate of facility debts owing to a society shall count in accordance with section 20 (commercial asset structure requirements) of the Act towards the limits applicable to class 3 assets under that section, and in calculating that aggregate–
a
where the society has the power conferred by section 16 of the Act and the power conferred by this Order, and the society has made arrangements which could be made under either of those powers, the society shall, in respect of each such arrangement, record the power under which it is to be treated as having been made;
b
where the society has the power conferred by section 34(1) of and item 1 of Part I of Schedule 8 to the Act (power to provide banking services) and the power conferred by this Order, any current overdraft which could be permitted under either of those powers shall be treated as a facility debt;
c
where a facility account holder holds other accounts with the society, the value of any shares or deposits in those other accounts shall not be taken into account; and
d
where the society has facility accounts in respect of which there are no current facility debts, the balance of such accounts shall not be taken into account.
.
David Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
25th April 1989


text:
1
The length of the Trunk Road described in the Schedule 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 this Order comes into force.
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 HA10/2SWM 62 marked “The Taunton-Fraddon Trunk Road A361 (Landkey Link) (Detrunking) 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 roads” means the highways described in article 1 of the Taunton-Fraddon Trunk Road A361/A39 (Barnstaple Bypass and Slip Road) Order 1985 (known as the Barnstaple Bypass) and article 1 of the North Devon Link Road (Newton-Barnstaple) Order 1986 (known as the North Devon Link Road); and
iv
“the Trunk Road” means the Taunton-Fraddon Trunk Road (A361).
3
This Order shall come into force on 21st December 1989 and may be cited as the Taunton-Fraddon Trunk Road A361 (Landkey Link) (Detrunking) Order 1989.
Signed by authority of the Secretary of State
G. M. Webb
Regional Director South West Region
Department of Transport
21st November 1989


text:
1
1
This Order may be cited as the Criminal Justice Act 1987 (Jersey) Order 1989 and shall come into force on 18th May 1989.
2
Without prejudice to its earlier revocation and subject to article 3 below this Order shall cease to have effect on the expiration of two years beginning with the date of its coming into force.
2
Section 2 of the Criminal Justice Act 1987 shall extend to the Bailiwick of Jersey subject to the modifications specified in the Schedule to this Order.
3
In any case in which a request under section 2(1) of the Criminal Justice Act 1987, as modified in its extension to the Bailiwick of Jersey by paragraph 2 of the Schedule to this Order, is made before the date on which this Order ceases to have effect by virtue of article 1(2) above, the powers of the Attorney General shall continue to be exercisable under that section as so modified as if this Order had not ceased to have effect.
G. I. de Deney
Clerk of the Privy Council


text:
1
The length of the Trunk Road described in this Schedule to this Order and shown by striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of West Sussex that the new trunk road is open for through traffic.
2
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 A23/2/65/2/10, marked “The London-Brighton Trunk Road (Bolney De-Trunking) 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 trunk road to be provided in pursuance of the London-Brighton Trunk Road (A23) (Warninglid Flyover-South of Bolney) Order 1987;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iv
“the Trunk Road” means the London-Brighton Trunk Road (A23).
3
This Order shall come into force on 1st September 1989 and may be cited as the London-Brighton Trunk Road (Bolney De-Trunking) Order 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Manager South East Region
Department of Transport
27th July 1989


text:
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 1989 and shall come into force on 24th July 1989.
2
The Public Service Vehicles (Registration of Local Services) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
3
In regulation 2 —
a
in paragraph (1) the words from ““bus substitution service”” to “sections 119(1), 12(2) and 7(15) of the 1985 Act ;” shall be omitted; and
b
for paragraph (2) there shall be substituted the following —
2
In these Regulations, any reference to an expression specified in an item in column (2) of the Table has the meaning given by the provision of the 1985 Act specified in that item in column (3).
1 2 3 Item Expression Provision of the 1985 Act
1 “agreement providing for service subsidies” section 63(10)(b) 2 “bus substitution service” section 119(1) 3 “community bus service” section 22(1) 4 “special licence” section 12(2) 5 “traffic authority” section 7(15) 6 “unconditional PSV operator’s licence” section 6(5)
.
4
Regulation 7(2)(g) shall be omitted.
5
Regulation 8(2)(a) shall be omitted.
6
In regulation 9(2)(d) for the words “a police constable” there shall be substituted “a constable”.
7
In regulation 9A(3) sub-paragraphs (i) and (ii) shall be renumbered “(a)” and “(b)” respectively.
8
For regulation 12 there shall be substituted the following —
12
1
Subject to paragraph (3), the fee for an application to register particulars of —
a
a community bus service other than a service provided under an agreement providing for service subsidies shall be £10; and
b
a service in any other case shall be £30.
2
Subject to paragraph (3), the fee for an application to vary the registered particulars of —
a
a community bus service other than a service provided under an agreement providing for service subsidies shall be £10; and
b
a service in any other case shall be £27.
3
No fee shall be payable —
a
on an application to register or vary particulars of a service which, apart from the operation of section 34(3) of the 1985 Act, would be part of a service which requires a London local service licence; or
b
on an application to vary a service the variation of which is required to enable the service to comply with any traffic regulation conditions or other provision made by or under any enactment prohibiting or restricting the use of any road by traffic.
4
The fee for an application shall be paid when the application is made.
.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
26th June 1989


text:
Citation and commencement
1
This Order may be cited as the Docks and Harbours (Rateable Values) Order 1989 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“accounting period” in relation to an undertaking means the period by reference to which the accounts relating to the undertaking are compiled;
“adjusted income” in relation to any period (“the relevant period”) means the amount of relevant income for that period multiplied by the product of P/Y, where P is the retail prices index for September 1987 and Y is the retail prices index for the September falling during the relevant period, unless the base month for the index for that September differs from the base month for the index for September 1987, in which case Y is the figure calculated for the purposes of paragraph 5(5) of Schedule 7 to the Local Government Finance Act 1988 as the figure which would have been the index for the September falling during the relevant period if the base month for the index had been the same in both cases;
“relevant income” in relation to a period means all income by way of revenue included or falling to be included in the revenue or profit and loss account of an undertaking for the period, whether derived from the operations carried on under the authority referred to in article 3(1) or otherwise, other than —
income in respect of pilotage;
income from —
investments required to be shown in the accounts of the undertaking (other than investments in subsidiary companies);
loans or deposits;
rent or other payments receivable in consideration of the grant of permission for occupation or use of any property of the undertaking, or right over such property, which is or forms part of a hereditament which is shown on a local rating list;
any sum receivable in respect of the disposal of land;
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 ;
“year”, unless the context otherwise requires, means a chargeable financial year;
and in relation to any year “relevant preceding year” means the year ending immediately before the year in question.
Application
3
1
This Order applies, except in the cases described in paragraphs (2) to (4), to any hereditament which consists of a dock or harbour undertaking carried on under authority conferred by or under any enactment.
2
This Order does not apply —
a
where the relevant income of the dock or harbour undertaking —
i
in any accounting period of twelve months ending during the period beginning on 31st December 1987 and ending with 31st March 1988; or (ii) if there was no such accounting period, in the twelve months ending on31st March 1988, was not more than 50,000; or
b
where the persons carrying on the dock or harbour undertaking use the dock or harbour exclusively or mainly for the purpose of bringing or receiving goods —
i
manufactured or produced by them; or
ii
to be used by them for the manufacture or production of goods or electricity; or
iii
to be sold by them, or
iv
manufactured or produced by an associated body, and to be sold by that body.
3
For the purposes of paragraph (2)(b), a body shall be treated as the associated body of any persons if —
a
it is a body corporate in relation to which those persons directly or indirectly own or control not less than 51 per cent. of its issued share capital; or (b) it is a body corporate in relation to which those persons and any other associated body or bodies of theirs directly or indirectly own or control not less than 51 per cent. of its issued share capital.
4
Other than for the purposes of the calculation of relevant income, this Order does not apply to a hereditament occupied by the persons carrying on a dock or harbour undertaking which does not consist exclusively of operational land.
5
In paragraph (4), “operational land” means land which is used for the purpose of the carrying on of the undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purpose of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1971 ).
Rateable values
4
1
Paragraphs 2 to 2B of Schedule 6 to the Local Government Finance Act 1988 shall not apply to any hereditament to which this Order applies; and the rateable value of any such hereditament shall be —
a
for the year beginning on 1st April 1990, an amount equal to 9 per cent. of the relevant income of the undertaking for —
i
any accounting period of twelve months ending during the period beginning on 31st December 1987 and ending with 31st March 1988; or
ii
if there was no such accounting period, the twelve months ending on 31st March 1988,
b
for any subsequent year, an amount equal to 9 per cent of the adjusted income of the undertaking for —
i
any accounting period of twelve months ending during the period beginning on 31st December in the relevant preceding year and ending with 31st March in that year; or,
ii
if there is no such accounting period, the twelve months ending with that year, unless that amount differs from the rateable value for the relevant preceding year by less than 20 per cent of that rateable value, in which case the rateable value for that subsequent year shall be the same as the rateable value for the relevant preceding year.
2
Where (apart from this paragraph) any rateable value determined under paragraph (1) would include a fraction of a pound —
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
1
The County Council of Suffolk (Mutford Bridges) Scheme 1989 is hereby confirmed modified by the replacement of “cycle track with footpath” by “cycle track including a right of way on foot”.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and at the offices of the County Council of Suffolk, at St Helen Court, County Hall, Ipswich IP4 2JS.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of Suffolk (Mutford Bridges) Scheme 1989 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
Peter Emms
Regional Director Eastern Region
Department of Transport
20th November 1989