text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Falling-object Protective Structures for Construction Plant (EEC Requirements) Regulations 1988, and shall come into force on 31st March 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions have the following meanings:
“approved body” means a body appointed by the Secretary of State under regulation 4;
“approved other body” means a body appointed under the law of Northern Ireland or of a member State other than the United Kingdom to carry out functions similar to those authorised to be carried out by an approved body under these Regulations;
“certificate of conformity” means a certificate that the FOPS specified in the certificate has been manufactured in conformity with the EEC type-examination requirements;
“construction plant” means the machines to which the International Organisation for Standardisation ( ISO ) 3449 — 1984 (identical to British Standard 5526: 1985 ) applies;
“EEC inspection” means the procedure by which an approved body or an approved other body, if so requested by the approved body, checks —
whether any FOPS being manufactured conforms with the type of EEC protective structure in respect of which an EEC type-examination certificate has been issued;
whether the manufacturer actually carries out adequate conformity checks to verify on a continuous and adequate basis whether any EEC protective structure manufactured by him conforms with the type of EEC protective structure in respect of which an EEC type-examination certificate has been issued as regards materials used and the quality of workmanship; and
whether the manufacturer is fulfilling all the requirements of the Special Directive placed on him;
“EEC mark” means the EEC mark of conformity referred to in regulation 6;
“EEC protective structure” means a FOPS which conforms with the EEC type-examination requirements;
“EEC type-examination certificate” means a certificate that a type of EEC protective structure conforms with the EEC type-examination requirements;
“EEC type-examination requirements” means the technical requirements referred to in Annex 1 of the Special Directive;
“FOPS” means falling-object protective structure for construction plant;
“the Framework Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to common provisions for certain construction plant and equipment ;
“market” means supply by way of sale, lease, hire or hire-purchase, whether as principal or agent for another; and
“the Special Directive” means the Directive adopted by the Council of the Communities concerning the approximation of the laws of the member States relating to falling-object protective structures for certain construction plant .
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Marketing of FOPS and construction plant
3
1
No person shall on or after 2nd June 1990 market any FOPS manufactured on or after that date unless an EEC type-examination certificate and a certificate of conformity has been issued in respect of that structure and an EEC mark has been placed thereon in accordance with these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom.
2
No person shall on or after 2nd June 1990 market any construction plant unless it is designed to be fitted with an EEC protective structure:
Provided that construction plant shall be deemed to be designed to be fitted with an EEC protective structure if it is provided with a roll-over protective structure to which the EEC protective structure can be fitted.
3
Where a person (“the ostensible supplier”) markets any FOPS or construction plant by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier: —
a
carries on the business of financing the acquisition of goods by others by means of such agreements; and
b
in the course of that business acquired his interest in the FOPS or plant supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purpose of this regulation as marketing the FOPS or plant to the customer and any duty imposed by these Regulations on those who market any FOPS or construction plant shall accordingly fall on the effective supplier and not on the ostensible supplier.
4
Where a person (“the ostensible supplier”) markets any FOPS or construction plant by supplying the same to another (“the customer”) under a lease, and the ostensible supplier —
a
has not previously granted any lease to the customer in respect of that FOPS or plant; and
b
carries on the business of financing the use of goods by others by means of leases; and
c
in the course of that business acquired his interest in the FOPS or plant supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”); and
d
he or his agent either
i
has not had physical possession of the FOPS or plant, or
ii
has had physical possession of the FOPS or plant only for the purpose of passing it to the customer; and
e
he or his agent has not modified, overhauled, repaired or restored the FOPS or plant;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the FOPS or plant to the customer and any duty imposed by these Regulations on those who market any FOPS or construction plant shall accordingly fall on the effective supplier and not on the ostensible supplier.
5
Where —
a
paragraph (4) of this regulation has applied in respect of a lease; and
b
the ostensible supplier grants a further lease of the FOPS or plant to the same customer; and
c
the FOPS or plant has remained in the physical possession of the customer since he took possession of it under the first lease; and
d
the FOPS or plant has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier;
then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.
Appointment of approved bodies
4
The Secretary of State shall appoint a body or bodies of persons in accordance with the conditions of the Framework Directive and subject to such conditions as he shall think fit —
a
to carry out examinations of any FOPS to ascertain whether or not it conforms with the EEC type-examination requirements;
b
to issue EEC type-examination certificates with respect to any EEC protective structure;
c
to carry out EEC inspections; and
d
to do such other things as may be required or permitted under or in connection with these Regulations.
EEC type-examination certificates
5
1
An application for an EEC type-examination certificate shall be made to the approved body by or on behalf of a manufacturer in writing and shall be accompanied by an information document duly completed so as to furnish all the information required by the information document in the form set out in Schedule 1 and shall be accompanied also by an undertaking in the form set out in Schedule 2.
2
Where in pursuance of this regulation an application has been made to an approved body in respect of a type of construction plant then no other application in any member State for an EEC type-examination certificate in respect of any construction plant of that type shall be made by or on behalf of the same manufacturer and any application made to an approved body which to the knowledge of the approved body is contrary to this paragraph shall be rejected by the approved body.
3
Where the approved body is satisfied on application made to it under paragraph (1) above and after carrying out tests and examinations of the type of FOPS in respect of which the application was made that the type of FOPS conforms with the EEC type-examination requirements and after payment of the prescribed fee it shall issue to the applicant for each type of FOPS tested and examined a test report in the form set out in Schedule 3 and shall grant an EEC-type examination certificate in the form set out in Schedule 4 in respect of that type of EEC protective structure.
4
Where the approved body is satisfied on application made to it under paragraph (1) above and after carrying out tests and examinations of the type of FOPS in respect of which the application was made that the type of FOPS does not conform with the EEC type-examination requirements and after payment of the prescribed fee it shall issue a full test failure report for such type of FOPS which states the reasons for the issue of such report and informs the applicant of his right to apply for review of the decision of the approved body under regulation 9.
5
The prescribed fee payable under paragraphs (3) and (4) above in every case shall be equal to the sum of: —
a
the costs of the approved body of and in connection with the functions carried out or to be carried out by it under these Regulations (“the relevant service”); and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and the extent of the work done or to be done by the approved body in providing the relevant service, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
Certificate of conformity and EEC mark of conformity
6
The manufacturer of a FOPS which has been manufactured in conformity with the EEC type-examination requirements referred to in an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom which is in force shall issue a certificate of conformity in the form set out in Schedule 5 that such FOPS has been so manufactured, and shall place on the FOPS a legible, permanent and indelible EEC mark of conformity in the form set out in Schedule 6 and shall attach a label to the FOPS in accordance with section 8 of the International Organisation of Standardisation (ISO) 3449 — 1984.
EEC inspections
7
The approved body may carry out EEC inspections in Great Britain of any FOPS being produced of a type in respect of which an EEC type-examination certificate has been issued under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom if requested to do so by the approved other body which granted the EEC type-examination certificate, and for that purpose a duly authorised officer of an approved body may, on production if requested of his authority, at all reasonable times enter into premises where any such FOPS is for the time being held by or on behalf of the manufacturer, importer or other supplier of the FOPS and remove any such FOPS as a sample.
Suspension and withdrawal of EEC type-examination certificate
8
1
If the approved body, after checking any FOPS under regulation 7 of the same type as that in respect of which an EEC type-examination certificate issued under these Regulations or under the law of Northern Ireland is in force, or after receipt of a report from an approved other body made at the request of the approved body, is satisfied that such FOPS has not been manufactured to conform with the EEC type-examination requirements in respect of such FOPS or if not all the requirements of the Special Directive have been fulfilled, the approved body shall give notice of that fact to the holder of that EEC type-examination certificate and such notice shall specify —
a
the respects in which the FOPS has not been manufactured so as to conform with the EEC type-examination requirements in respect of it or the requirements of the Special Directive have not been fulfilled;
b
that unless steps are taken which ensure that such a FOPS does so conform or such requirements are so fulfilled within a specified period the certificate will be temporarily suspended or will be withdrawn; and
c
if the approved body thinks fit, that the certificate will be temporarily suspended immediately.
2
If the approved body decides to suspend or withdraw an EEC type-examination certificate it shall immediately give notice of the decision to the holder of the certificate and to the Secretary of State.
3
A notice to a holder of an EEC type-examination certificate of suspension or withdrawal under paragraph (1) above or of suspension or withdrawal under paragraph (2) shall specify the date on which the suspension or withdrawal is to take effect and shall specify the grounds for the decision and shall inform the holder of the certificate of his right to apply for a review of the decision under regulation 9.
4
The suspension or withdrawal of an EEC type-examination certificate shall not affect the validity of any certificate of conformity or EEC mark issued or placed on a FOPS under regulation 6 or under the law of Northern Ireland.
Review
9
1
A person who is aggrieved by a decision given by an approved body under regulation 5(4) or 8(1), (2) or (3) may, in accordance with paragraphs (2) and (3) of this regulation, apply to the Secretary of State to review the decision and on such application the Secretary of State —
a
shall have the like powers and duties as an approved body has on an application for an EEC type-examination certificate under regulation 5 or under regulation 8(1), (2) or (3),
b
may hold an inquiry in connection therewith, and
c
may appoint an assessor for the purpose of assisting him with his review or any such inquiry.
2
An application under paragraph (1) of this regulation shall be made by notice to the Secretary of State, and shall be lodged with him not later than fourteen days from the date of the decision in respect of which the application for review is made.
3
A notice of application for review under this regulation shall state the grounds on which the application is made and shall be accompanied by the following documents: —
a
where the application is for review of a decision under regulation 5(4) copies of the information and documents which, in accordance with regulation 5(1), accompanied the application under that regulation for the certificate in question, and
b
where the application for review relates to the suspension or withdrawal of a certificate, a copy of that certificate.
10
1
Any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1) shall be guilty of an offence, and liable on summary conviction to a fine not exceeding £2000.
2
Where the commission by any person of an offence under regulation 3(1) is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by corporations
11
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed guilty of the offence.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Robert Atkins
Parliamentary Under-Secretary of State,
Department of Trade and Industry
3rd March 1988


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Police Cadets (Amendment) (No. 2) Regulations 1988.
2
These Regulations shall come into force on 1st December 1988 and shall have effect for the purposes of regulation 3 as from 1st July 1987.
3
The Police Cadets Regulations 1979 shall be amended as follows:
a
in regulation 13(1)(a) for the words “1st September 1986” there shall be substituted the words “1st July 1987”;
b
for the Table in Schedule 2 (scales of pay) there shall be substituted the following Table —
Table
Age London Provinces
Part I — Pay from 1st July 1987 to 31st August 1987 Under 17 years £3,624 a year £3,015 a year 17 years £3,804 a year £3,195 a year 18 years or over £4,167 a year £3,558 a year Part II — Pay from 1st September 1987 Under 17 years £3,804 a year £3,195 a year 17 years £3,996 a year £3,387 a year 18 years or over £4,380 a year £3,771 a year.
Home Office 24th October 1988
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State


text:
This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Registration)(Amendment) Regulations Order of Council 1988.
G.I de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Second Amendment) Regulations 1988 and shall come into force on 1st January 1989.
Amendment of The Air Navigation (Dangerous Goods) Regulations 1985
2
The Air Navigation (Dangerous Goods) Regulations 1985 shall be amended as follows:
1
In regulation 3(1) there shall be substituted for the sub-paragraph commencing with the words “Technical Instructions” the following —
“Technical Instructions” means the 1989 — 1990 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organization;
.
2
For regulation 4(2) there shall be substituted the following —
2
A person shall not:
a
take or cause to be taken on board,
b
suspend or cause to be suspended beneath, or
c
deliver or cause to be delivered for loading on or suspension beneath
an aircraft any dangerous goods, which he knows or ought to know or suspect to be goods capable of posing significant risk to health, safety or property when carried by air, unless the provisions of these Regulations are complied with.
.
3
In regulation 6(b), for the words “the goods are classified and packed in accordance with Parts 2 and 3 of the Technical Instructions” there shall be substituted the words “the goods are classified and packed in accordance with Parts 2, 3 and 8 of the Technical Instructions”.
4
In regulation 6(e), the words “or on his behalf” shall be inserted after the words “by him”.
5
In regulation 7(1), for the words “shall satisfy himself by making an inspection” there shall be substituted the words “shall ensure by means of an inspection”.
6
For regulation 7(2)(a) there shall be substituted the following —
2
a
For the purpose of each of the inspections required by paragraphs (1)(a) and (1)(b)(i) of this regulation, an acceptance check list shall be used and the results of that inspection shall be recorded thereon in accordance with the form thereof.
.
7
In regulation 7(2)(c), the words “by him” shall be deleted.
8
In regulation 9(2), for the words “by displaying notices at places at an airport” there shall be substituted the words “by displaying notices, sufficient in number and prominence for this purpose, at each of the places at an airport”.
9
In regulation 9(3), for the words “The operator of an aircraft and a shipper of dangerous goods by air or, in each case, the agent thereof shall inform any employees” there shall be substituted the words “The operator of an aircraft and a shipper of dangerous goods by air and, in each case, any agent thereof shall inform any of their respective employees”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State in the
Department of Transport
6th December 1988


text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions (Requisite Benefits) Order 1988 and shall come into force on 1st September 1988.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Pensions Act 1975 ;
“the Act of 1973” means the Social Security Act 1973;
“final salary” has the meaning given by article 11;
“normal pension age”, in relation to a member of an occupational pension scheme, means the earliest age at which that member can become entitled to receive a pension under the scheme, apart from any special provision as to early retirement on grounds of ill-health or otherwise;
“office-holder” means a person who is or has been the holder of any scheduled office;
“pensionable age” means the age of 65 for a man and 60 for a woman;
“relevant enactment” means an enactment by virtue of which an office-holder might be granted a pension in respect of any relevant service and, in the case of a person who has held more than one office, includes any enactment relating to the payment of superannuation benefits to or in respect of such a person;
“relevant service” has the meaning given by article 5(2) and (3);
“scheduled office” means an office listed in Schedule 2;
“scheme” means, in relation to any office-holder, the public service pension scheme established by a relevant enactment;other expressions used in the Act or in the Social Security Act 1975 have the same meanings in this Order as in the Act in question. PART II GENERAL
General effect of order
3
1
This Order applies in relation to any such office-holder as is mentioned in article 4 so as to modify, or further modify, the scheme which is applicable in relation to him to make provision for his benefit, or otherwise in relation to him, which accords with the following provisions of this Order.
2
Articles 8, 9 and 10 of this Order (which relate to guaranteed minimum pensions) apply in relation to any such office-holder as is mentioned in article 4 notwithstanding any other provision in any enactment, including the other provisions of this Order.
Office-holders to whom Order applies
4
This Order shall have effect in relation to, but only to, an office-holder who is holding a scheduled office on 1st September 1988, or who is appointed to such an office when under pensionable age on or after that date: —
Provided that neither article 6 nor article 7 shall entitle an office-holder appointed to a scheduled office on or after 1st April 1987, or his widow, to a pension other than the minimum guaranteed under article 8 or article 9, unless his service in that office may be reckoned, for the purpose of superannuation benefits, together with service of his in an earlier office wholly or partly before that date (or might have been so reckoned but for his having left the later office before reaching compulsory retirement age).
Ceasing to hold office and relevant service
5
1
An office-holder does not cease to hold office for the purpose of this Order so long as he holds any scheduled office or an office service in which may, under any enactment, be reckoned on any basis together with earlier service of his in a scheduled office for the purpose of superannuation benefits.
2
Subject to paragraph (3) below, an office-holder’s service in a scheduled office is relevant service for the purposes of this Order and his relevant service may include any earlier service of his which may, under any enactment, be reckoned on any basis together with service of his in a scheduled office.
3
Service is not relevant service for the purposes of this Order if it is service before 6th April 1978.
4
For the purposes of paragraphs (1) and (2) above: —
a
it is immaterial whether —
i
the office-holder has served at any time in any other office (including an office in relation to which he ceases to hold office for the purposes of this Order);
ii
the earlier and the later offices are the same;
iii
any election in respect of the office-holder is available, or, if available, has been made; and
iv
the superannuation benefits payable under the relevant enactment relating to one office would, in the circumstances of the case, be unaffected by adding the other service into the reckoning; and
b
service in an earlier office shall be treated as reckonable with service in a later scheduled office if it would have been so reckonable but for the office-holder’s having left the later (or a subsequent) office before reaching compulsory retirement age.
PART III
REQUISITE BENEFITS
Office-holder’s benefits
6
1
As from his attainment of pensionable age, an office-holder shall be entitled for the purposes of this Order to a pension under a scheme for his life.
2
Subject to paragraphs (3) and (4) below, the annual rate of the officer-holder’s pension under paragraph (1) shall be 1¼ per cent of his final salary multiplied by the number of years of relevant service completed by him before he attained pensionable age.
3
Paragraph (2) above shall not apply in relation to an officer-holder who —
a
ceases to hold office before normal pension age, and
b
has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation) as originally enacted .
4
Any part of the pension under paragraph (1) above in excess of the office-holder’s guaranteed minimum pension shall be postponed for any period for which he continues in employment (whether or not employment to which the scheme relates) after attaining pensionable age.
Widow’s benefits
7
1
As from the death of an office-holder (whether before or after attaining pensionable age) his widow shall be entitled for the purposes of this Order to a pension under a scheme.
2
Subject to paragraphs (3) and (4) below, the annual rate of the widow’s pension under paragraph (1) shall be ⅝ per cent of the final salary (or last salary before death) of the office-holder multiplied by the number of years of relevant service completed by him before he attained pensionable age.
3
Paragraph (2) above shall apply for any such period as is mentioned in section 36(6) of the Act.
4
Paragraph (2) above shall not apply in relation to an office-holder who dies after ceasing to hold office and who has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation) as originally enacted.
Office-holder’s guaranteed minimum pension
8
1
As from his attainment of pensionable age an office-holder who has ceased to hold office shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in accordance with section 35(2), (3), (4), (5) and (9) of the Act, unless his accrued rights thereto are extinguished under section 43(7).
2
Where an office-holder continues to serve after pensionable age, then —
a
as from the expiration of five years from the date on which he attains pensionable age, or
b
as from the date (if earlier) when he ceases to hold office,
he shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in the manner provided by paragraph (1) above and section 35(6) of the Act.
3
Entitlement to payment of a guaranteed minimum pension by virtue of paragraph (1) or (2) above shall not arise in respect of any period during which the consent of the office-holder under section 33(3)(a) or (b) of the Act is in force and not revoked, and, when the pension which has accordingly been postponed commences, paragraph (1) above shall apply as if it contained a reference to section 35(6).
Widow’s guaranteed minimum pension
9
1
As from the death (whether before or after attaining pensionable age) of an office-holder, his widow shall, subject to paragraphs (2) and (3), be entitled to receive a guaranteed minimum pension the weekly rate of which shall be not less than her guaranteed minimum as ascertained in accordance with section 36(3) of the Act.
2
Paragraph (1) above shall apply for any such period as is mentioned in section 36(6) of the Act.
3
Paragraph (1) above shall not apply if
a
at the date of his death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act, or
b
the widow’s accrued rights are extinguished under that subsection.
Widower’s guaranteed pension
10
1
As from the death on or after 6th April 1989 (whether before or after attaining pensionable age) of a female office-holder, her widower shall, subject to paragraphs (2) and (3) be entitled to receive a guaranteed minimum pension the weekly rate of which shall be his guaranteed minimum as ascertained in accordance with section 36(3) of the Act.
2
Paragraph (1) above shall apply in the circumstances prescribed under section 36(7A) of the Act and for the period prescribed under that subsection.
3
Paragraph (1) above shall not apply if:
a
at the date of her death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act; or
b
the widower’s accrued rights are extinguished under that subsection.
PART IV
MISCELLANEOUS
Ascertainment of salary for requisite benefits
11
1
Subject to paragraphs (2) and (3) below, for the purposes of this Order the final salary of an officer-holder (or his last salary before death) shall be the annual rate of salary which he was receiving immediately before he ceased to hold office together with any sum which is reckoned as an additional part of his salary for pension purposes.
2
Where —
a
an office-holder has two or more periods of relevant service, and
b
an election is made by or in respect of him, pursuant to an enactment relating to the payment of superannuation benefits in respect of persons who have served continuously in more than one office, in favour of the receipt of benefits payable under the relevant enactment which relates to an office held by him other than the last,
then, for the purposes of this Order, the final salary of that officer-holder (or his last salary before death) shall be that which would have been arrived at under paragraph (1) above if he had continued to hold the earlier office until the date when he ceased to hold office; and, if that office had ceased to exist at that date, that salary shall be taken to be such as the Lord Chancellor or the Secretary of State, as the case may be, with the concurrence of the Treasury may determine it would have been had the office continued to exist.
3
For the purposes of articles 6, 7 and 12(3) there shall be excluded from the salary by reference to which the annual rate of the office-holder’s or widow’s pension is to be calculated any amount of earnings except so much (if any) as would, if expressed as a weekly rate, exeed one and a half times the lower earnings limit but would not exceed the upper earnings limit.
4
In paragraph (3) above, references to the lower and upper earnings limits, in relation to any earnings, are references to those limits as in force when the earnings are paid.
Contribution in event of marriage during retirement
12
1
Where, on the date when he ceases to hold office, an office-holder is unmarried, he may be required to undertake, in return for payment to him of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) below is applicable to him, that he will, on his first marriage thereafter, pay a contribution in respect of benefits that may become payable to his widow by virtue of articles 7 and 9.
2
The enactments referred to in paragraph (1) above are —
Section 7 of the City of London (Courts) Act 1964 ; and Section 17 of the Judicial Pensions Act 1981 .
3
The contribution referred to in paragraph (1) above shall be equal to 1⅞ths per cent of the office-holder’s final salary multiplied by the number of whole years of relevant service of his which were —
a
completed by him before he attained pensionable age, and
b
not years —
i
during any part of which he was a married man, or
ii
preceding a marriage of his contracted before he ceased to hold office.
Marriage shortly before death
13
Where the marriage of a woman to an office-holder takes place after he has ceased to hold office and not more than six months before his death, any pension to be paid to her as his widow by virtue of this Order shall be limited to her guaranteed minimum pension.
Time of payment
14
Any pension to which there is entitlement by virtue of this Order shall be payable at intervals of not more than three months.
Relationship to other benefits
15
Any pension to which there is entitlement by virtue of this Order shall be reckoned towards and treated as part of any pension which is paid in relation to an office-holder under any relevant enactment.
Revocation of earlier Order
16
The Judicial Pensions (Requisite Benefits) Order 1987 is hereby revoked, but without prejudice to its continued application in relation to any person who ceases to hold office before 1st September 1988.
Mackay of Clashfern, C.
Dated 29th July 1988
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
Dated 5th August 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1988 and shall come into force on 1st April 1988.
2
In these Regulations “the General Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) there shall be inserted after the definition of “student” the following definition —
“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
.
Amendment of regulation 27 of the General Regulations
3
In regulation 27(1) of the General Regulations (treatment of charitable or voluntary payments) after the words “other than one” there shall be inserted the words “made under the Macfarlane Trust or one”.
Amendment of regulation 35 of the General Regulations
4
In regulation 35(3) of the General Regulations (notional income) after the words “Any payment of income” there shall be inserted the words “, other than a payment of income made under the Macfarlane Trust,”.
Amendment of regulation 43 of the General Regulations
5
In regulation 43(3) of the General Regulations (notional capital) after the words “Any payment of capital” there shall be inserted the words “, other than a payment of capital made under the Macfarlane Trust,”.
Amendment of regulation 73 of the General Regulations
6
In regulation 73(1) of the General Regulations (evidence and information) at the end there shall be added the words “but nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment which is disregarded under paragraph 34 of Schedule 4 or paragraph 23 of Schedule 5 (payments made under the Macfarlane Trust)”.
Amendment of regulation 77 of the General Regulations
7
In regulation 77 of the General Regulations (notification of determinations) —
a
after the words “every notification shall” there shall be inserted the words“, subject to paragraph (2),”;
b
at the end there shall be added the following paragraphs —
2
Where the determination is made on or before 30th June 1988, the notification may, notwithstanding Schedule 6, include a statement only as to the matters set out in paragraphs 2, 3, 4, 6, 9(e), (g) and (i) and 11 of that Schedule but an authority, if it thinks fit, may include a statement as to any other matter prescribed in that Schedule.
3
Where a notification is given in accordance with paragraph (2) a person may request in writing the authority to provide a written statement on any matter prescribed in Schedule 6 which is not included in the notification and the authority shall send a written statement to the person requiring it within 14 days or as soon as reasonably practicable thereafter.
.
Insertion of regulation 91A into the General Regulations
8
After regulation 91 of the General Regulations (payment on account of a rent allowance) there shall be inserted the following regulation —
Payment on account of a rent or rate rebate
91A
1
Where it is impracticable for the appropriate authority to determine a claim for a rent or rate rebate within 14 days of the claim for it first having been made and that impracticability does not arise out of the failure of the claimant without good cause to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested, the authority may make a payment on account of any entitlement to a rent or rate rebate for any period ending on or before 30th June 1988 of such amount as it considers reasonable having regard to such information which may at the time be available to it concerning the claimant’s circumstances.
2
Paragraphs (2) and (3) of regulation 91 (payment on account of a rent allowance) shall apply to a payment on account under paragraph (1) as they apply to a payment on account of a rent allowance under paragraph (1) of that regulation.
Amendment of Schedule 4 to the General Regulations
9
In Schedule 4 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 13 after the word “children” there shall be inserted the words “or a payment to which paragraph 34 applies”;
b
after paragraph 33 there shall be added the following paragraph —
34
Any payment made under the Macfarlane Trust.
.
Amendment of Schedule 5 to the General Regulations
10
In Schedule 5 to the General Regulations (capital to be disregarded) after paragraph 22 there shall be added the following paragraph —
23
Any payment made under the Macfarlane Trust and any sum derived from such a payment.
.
Signed by authority of the Secretary of State for Social Services
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
30th March 1988


text:
Citation and commencement
1
1
This Order may be cited as The Mersey Docks and Harbour Revision (No. 2) Order 1988 and shall come into force on 10th November 1988.
2
The Mersey Docks and Harbour Acts and Orders 1857 to 1988 and this Order may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 1988.
Extension of time
2
The period now limited by article 9(2) of The Mersey Docks and Harbour Revision Order 1980 (extension of period for completion of works) for the completion of the authorised works as defined by section 2(1) of the Mersey Docks and Harbour Board (Ore Berth) Act 1971 so far as those works have not already been constructed, is hereby further extended until 31st December 1989.
Signed by authority of the Secretary of State
J. W. S. Dempster
An Under Secretary in the
Department of Transport
9th November 1988


text:
1
This Order may be cited as the Stock Transfer (Specified Securities) Order 1988 and shall come into force on l7th March 1988.
2
The securities specified in the Schedule hereto shall be added to the list in Schedule to the Stock Transfer Act 1982.
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
11th February l988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Occupational Pension Schemes) (No.2) Order 1988 and shall come into force on 29th April 1988.
2
In this Order —
“ the Act ” means the Financial Services Act 1986;
“relevant member” means an employee or former employee by whom or in respect of whom contributions to a relevant scheme are being, or have been, made and to or in respect of whom benefits are or may become payable under the scheme; and
“relevant scheme” means a scheme of a kind described in article 3 of this Order.
Certain persons not to be treated as carrying on investment business by virtue of section 191 of the Act
2
1
No person of a kind described in paragraph (2) of this article shall be treated as carrying on investment business by virtue of section 191 of the Act where the assets he manages are held for the purposes of a relevant scheme.
2
This paragraph applies to —
a
any trustee of a relevant scheme who is a beneficiary or potential beneficiary under the scheme; and
b
any other trustee of a relevant scheme who takes no day to day decisions relating to the management of assets of the scheme which are investments.
Relevant Schemes
3
1
For the purposes of this Order a scheme is a relevant scheme if it is an occupational pension scheme of a kind described in paragraph (2) or (3) below.
2
A scheme falls within this paragraph if —
a
it is constituted under an irrevocable trust;
b
it has no more than twelve relevant members;
c
all relevant members, other than any relevant member who is unfit to or incapable of acting as a trustee of the scheme, are trustees of it; and
d
all decisions, or all day to day decisions, relating to the management of assets of the scheme which are investments are required to be taken by all, or a majority of, relevant members who are trustees of the scheme or by a person of the kind described in section 191(2)(a), (b) or (c) of the Act acting either alone or jointly with all, or a majority of, relevant members who are trustees.
3
A scheme falls within this paragraph if —
a
it has no more than 50 members;
b
the contributions made by or in respect of each member of the scheme are used in the acquisition of a contract of insurance on the life of that member or of a contract to pay an annuity on that life;
c
the only decision of a kind referred to in section 191(2) of the Act is the selection of such contracts; and
d
each member is given the opportunity to select the contract which contributions made by or in respect of him will be used to acquire.
Revocation
4
The Financial Services Act 1986 (Occupational Pension Schemes) Order 1988 is hereby revoked.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
13th April 1988


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Functions (British Museum (Natural History)) Order 1988.
2
This Order shall come into force on 25th November 1988.
Transfer of functions
2
1
There are hereby transferred to the Lord President of the Council the functions of the Secretary of State under —
a
section 8(2)(b) of the British Museum Act 1963 (appointment of one of the trustees); and
b
section 10(2) of that Act with respect to the amendment of Part II of Schedule 3 to that Act (authorised repositories).
2
Accordingly —
a
in section 8(2)(b) of that Act, for the words from “by” to “on” there shall be substituted the words “by the Lord President of the Council on”; and
b
in section 10(2) of that Act, for the words from the beginning to “may” there shall be substituted the words “The Lord President of the Council may”.
3
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State before the coming into force of this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Upper Spey and Associated Waters Protection (Renewal) Order 1988 and shall come into force on 15th March 1988.
Interpretation
2
In this Order —
“the 1982 Order ” means the Upper Spey and Associated Waters Protection Order 1982( ); and
“the 1985 Order ” means the Upper Spey and Associated Waters Protection (Renewal) Order 1985( ).
Renewal of Order
3
The 1985 Order is hereby renewed.
Prohibition
4
During the period from 15th March 1988 to 6th October 1990, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1982 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
I.M. Whitelaw
Assistant Secretary, Scottish Office
New St Andrew’s House,
Edinburgh
2nd March 1988


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No .5) (Time to pay directions) 1988 and shall come into force on 30th November 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall be amended in accordance with the following sub-paragraphs.
2
After rule 88, insert the following rules: —
SECTION 2A TIME TO PAY DIRECTIONS
Interpretation and application
88A
1
In this section, “the Act of 1987 ” means the Debtors (Scotland) Act 1987 .
2
Words and expressions used in this section which are also used in the Act of 1987 have the same meaning as in that Act.
Notice about time to pay directions
88B
1
In an action in which a defender may apply for a time to pay direction under section 1(1) of the Act of 1987, the pursuer shall serve on that defender a notice in form 65 and an application in form 66 at the same time as service of the summons or pleadings as amended by a minute of amendment calling him as a defender.
2
Before serving a notice and an application under paragraph (1), the pursuer shall insert in form 65 the date by which form 66 must be returned to the court by the defender (being the date on which the induciae expire) and shall complete Part A of form 66.
Applications for time to pay directions in undefended actions
88C
1
Where a defender does not enter appearance in an action and intends to apply for a time to pay direction and, where appropriate, recall or restriction of an arrestment, he shall complete and return the application in form 66 to the court before the date stated in form 65.
2
Where the pursuer does not object to the application by a defender for a time to pay direction or the recall of restriction of an arrestment, he may enrol for decree in absence in terms of rule 89 stating that he does not object to the application.
3
Where the pursuer objects to the application by a defender for a time to pay direction or the recall or restriction of an arrestment, he shall intimate —
a
the motion for decree in absence in terms of rule 89; and
b
the grounds of objection to the application by the defender,
in form 67 to the defender on an induciae of 7 days.
4
On enrolling a motion for decree in absence, the pursuer shall lodge a copy of the form 67 intimated to the defender.
5
The defender need not appear at the hearing of the motion for decree in absence and may send to the Deputy Principal Clerk written representations in response to the note of objections of the pursuer.
6
A motion for decree in absence to which paragraph (3) applies shall be starred.
Applications for time to pay directions where appearance entered but defences not lodged
88D
1
Where a defender, after entering appearance, does not lodge defences but intends to apply for a time to pay direction and where appropriate, recall or restriction of an arrestment, notwithstanding the date specified in form 65 as the date by which form 66 must be returned, he shall complete and return the application in form 66 to the court not later than the day on which defences would have had to be lodged in process.
2
Rules 88C(2) to (6) shall apply to an application under this rule as they apply to an application under that rule.
Applications for time to pay directions where defences lodged
88E
An application for a time to pay direction under section 1(1) of the Act of 1987 by —
a
a defender in an action in which defences have been lodged by that defender; or
b
a pursuer in a counter-claim or a third party,
shall be made by motion.
Applications for variation or recall of time to pay directions or arrestments
88F
1
An application by a creditor or debtor under section 3(1) of the Act of 1987 to vary or recall a time to pay direction or to recall or restrict an arrestment shall be made by motion.
2
A motion under paragraph (1) shall —
a
include a brief statement of the reason for the application; and
b
be intimated to the debtor or creditor, as the case may be, on an induciae of 14 days by recorded delivery letter.
3
On the enrolling of a motion under paragraph (1), there shall be lodged in process —
a
a copy of the letter of intimation and the certificate of posting; and
b
any document to be relied on at the hearing of the motion.
Appeals
88G
1
An application for leave to appeal under section 103(3) of the Act of 1987 shall be made within seven days of the date of the interlocutor to be appealed against.
2
The decision of the Lord Ordinary or vacation judge granting or refusing such leave to appeal shall be final.
3
Where such leave to appeal has been granted, an appeal under section 103(3) of the Act of 1987 shall be made by motion enrolled in the single bills before a division of the Inner House for review of the Lord Ordinary’s interlocutor, within 14 days of the date on which leave was granted.
Notice for payment of interest on a decree
88H
Where a creditor wishes to recover interest (other than interest awarded as a specific sum) under a decree containing a time to pay direction, the notice to be served under section 1(7) of the Act of 1987 shall be served on the debtor by the creditor —
a
in the case of a decree containing a time to pay direction for payment by instalments, not later than 14 days before the date on which the last instalment is due to be paid; and
b
in the case of a decree containing a time to pay direction for payment by deferred lump sum, not later than 14 days before the date on which the lump sum is to be paid.
.
3
In the Appendix, after form 64, insert forms 65, 66 and 67 in the Schedule to this Act of Sederunt.
Emslie
Lord President, IPD
Edinburgh
24th November 1988


text:
1
1
These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 1988 and shall come into force on 1st August 1988.
2
In these Regulations, “the 1985 Regulations ” means the Companies (Forms) Regulations 1985 .
2
1
The form 88(2) set out in the Schedule to these Regulations, with such variations as circumstances require, is the form prescribed for the purposes of section 88(2)(a) of the Companies Act 1985.
2
The form 88(2) set out in Schedule 3 to the 1985 Regulations is revoked, except to the extent specified in regulation 3 below.
3
Regulation 5 of the 1985 Regulations is revoked, except to the extent specified in regulation 3 below.
3
1
Notwithstanding the repeal of section 47(1) of the Finance Act 1973 and the provisions of regulation 2(2) and (3) above, the form 88(2) revoked by regulation 2(2) above, and the forms prescribed by regulation 5 of the 1985 Regulations (which is revoked by regulation 2(3) above)–
a
shall, in any case where the allotment of shares was made before 16th March 1988, be used for the purposes of section 88(2) of the Companies Act 1985 instead of the form prescribed by these Regulations; and
b
may, in any other case, be used for those purposes instead of the form prescribed by these Regulations.
2
Paragraph (1)(b) applies only in relation to documents received by the registrar of companies before 1st August 1988.
Sarah E. Brown
An Under Secretary,
Department of Trade and Industry
29th July 1988


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in schedule 2 to this Order which connect the main new trunk road with other highways to the places stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunks roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The length of existing highway described in schedule 3 to this Order and shown by thin striped hatching on the deposited plan shall become a trunk road as from the date when this Order comes into force.
5
The Secretary of State is authorised to construct —
a
as part of the main new trunk road, the bridge specified in schedule 4 to this Order;
b
as part of the slip road numbered 1 on the deposited plan, the bridge specified in schedule 5 to this Order; and
c
as part of the slip road numbered 4 on the deposited plan, the bridge specified in schedule 6 to this Order.
6
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 HA10/EM38, marked “The (A43) Oxford — Market Deeping Trunk Road (Blisworth and Milton Malsor Bypass and Slip Roads to Rothersthorpe Service Area) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk road and the slip roads;
iii
“the trunk road”
means the (A43) Oxford — Market Deeping Trunk Road.
7
This Order shall come into force on 5th January 1989 and may be cited as the (A43) Oxford — Market Deeping Trunk Road (Blisworth and Milton Malsor Bypass and Slip Roads to Rothersthorpe Service Area) Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
5th December 1988


text:
Citation and commencement
1
These Regulations may be cited as the Capital Gains Tax (Definition of Unit Trust Scheme) Regulations 1988 and shall come into force on 11th March 1988.
Interpretation
2
In these Regulations unless the context otherwise requires —
“limited partnership” means a limited partnership registered under the Limited Partnerships Act 1907 and “general partner” and “limited partner” have the same meanings as in that Act,
“limited partnership scheme” means a unit trust scheme of the description specified in regulation 4;
“participant” in relation to a unit trust scheme, has the meaning given by section 75(2) of the Financial Services Act 1986 ;
“the principal Act ” means the Capital Gains Tax Act 1979;
“scheme property” means, in relation to a unit trust scheme, property of any description, including money, which is held on trust for the participants in the scheme;
“unit trust scheme” means a scheme which, apart from these Regulations, is a unit trust scheme for the purposes of the principal Act.
Exception of certain unit trust schemes from the principal Act
3
A unit trust scheme which is —
a
a limited partnership scheme, or
b
a profit sharing scheme which has been approved in accordance with Part I of Schedule 9 to the Finance Act 1978 ,
shall be treated as not being a unit trust scheme for the purposes of the principal Act.
Description of a limited partnership scheme
4
A unit trust scheme is a limited partnership scheme when the scheme property is held on trust for the general partners and the limited partners in a limited partnership.
David Lightbown
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 1988


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Sub-Contractors in the Construction Industry) Regulations 1988 and shall come into force on 19th April 1988.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Income Tax (Sub-Contractors in the Construction Industry) Regulations 1975 .
Amendments to the Principal Regulations
3
In regulation 7 of the Principal Regulations there shall be added —
4
If the amount which a contractor is liable to pay to the Collector under paragraph (1) of this Regulation exceeds the amount, if any, actually deducted by him from payments made during the relevant month but the Inspector (whether or not an assessment under Regulation 12 has been made) is satisfied that the person to whom the contractor made such payments either —
a
was not chargeable to income tax or corporation tax in respect of those payments, or
b
has made a return of his income or profits in accordance with section 8 or section 11 of the Taxes Management Act 1970 , in computing which income or profits those payments were taken into account, and paid the income tax and Class 4 contributions due or corporation tax due in respect of such income or profits,
then the Inspector shall, if the contractor so requests, direct that the contractor shall not be liable to pay the said excess (or any interest in respect of it) to the Collector.
5
If a contractor is aggrieved by the failure of a Collector to make a direction under paragraph (3) of this Regulation, he may, by notice in writing to the Collector within thirty days after the date of a notice given after 19th April 1988 of a refusal by the Collector to make such a direction, appeal to the General Commissioners against such refusal.
.
4
1
In regulation 11(1) of the Principal Regulations for the words “at the contractor’s premises” there shall be substituted —
“at such time as that officer may reasonably require at the prescribed place”.
2
In regulation 11(2) of the Principal Regulations for the words “at the sub-contractor’s premises” there shall be substituted —
“at such time as that officer may reasonably require at the prescribed place”.
3
After regulation 11(2) of the Principal Regulations there shall be inserted —
2A
In paragraphs (1) and (2) of this Regulation
“the prescribed place” means —
a
such place in the United Kingdom as the contractor or the person such as is mentioned in paragraph (2) (in this paragraph called “the sub-contractor”) and the authorised officer may agree upon; or
b
in default of such agreement, the place in the United Kingdom at which the documents and records mentioned in paragraphs (1) and (2) of this Regulation are normally kept; or
c
in default of such agreement and if there is no such place as is referred to in sub-paragraph (b) above, the contractor’s or the sub-contractor’s principal place of business in the United Kingdom.
2B
The authorised officer may —
a
take copies of, or make extracts from, any document produced to him for inspection in accordance with paragraph (1) or paragraph (2) of this Regulation;
b
if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period, remove any document so produced, and, if he does so, shall provide a receipt for any documents so removed; and where a lien is claimed on a document produced in accordance with paragraph (1) or paragraph (2) of this Regulation the removal of the document under this sub-paragraph shall not be regarded as breaking the lien;
and where a document removed in accordance with sub-paragraph (b) of this paragraph is reasonably required for the proper conduct of a business the authorised officer shall, within 7 days, provide a copy of the document, free of charge, to the person by whom it was produced or caused to be produced.
.
5
After regulation 12 of the Principal Regulations there shall be inserted —
12A
1
Where an amount is charged by an assessment made by the Inspector under Regulation 12 at any time after 19th April 1988 and becomes due and payable, the amount so due and payable shall carry interest at the prescribed rate from the reckonable date until payment.
2
Subject to paragraph (3) of this Regulation, “reckonable date” in this Regulation means the 14th day after the end of the year to which the assessment relates, and for the purposes of this Regulation, where the assessment is made in respect of one or more income tax months, that assessment shall relate to the year of which that month or months forms or form part.
3
Where, at any time after 19th April 1988, the Inspector makes an assessment such as is mentioned in paragraph (1) of this Regulation, and that assessment relates to a year earlier than the year ended on 5th April 1988, then the amount due and payable under the assessment shall carry interest at the prescribed rate from 19th April 1988 until payment and in those circumstances that date shall be the reckonable date.
4
In this Regulation “the prescribed rate” has the same meaning as in section 89 of the Taxes Management Act 1970 as from time to time increased or decreased by the Treasury in accordance with that section for the purposes of section 86 of that Act; any such increase or decrease shall apply to interest for periods beginning on or after the date when the order is expressed to come into force, whether or not interest runs from before that date.
5
An amount due and payable under an assessment such as is mentioned in paragraph (1) of this Regulation shall carry interest from the reckonable date even if that date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
6
Interest payable under this Regulation shall be recoverable as if it were an amount charged by an assessment made under Regulation 12.
.
6
For regulation 26 of the Principal Regulations there shall be substituted —
26
1
A contractor, whenever called upon to do so by an authorised officer of the Commissioners of Inland Revenue, shall produce for inspection the records referred to in Regulation 24 at such time as that officer may reasonably require at the prescribed place.
2
In paragraph (1) of this Regulation “the prescribed place” means —
a
such place in the United Kingdom as the contractor and the authorised officer may agree upon; or
b
in default of such agreement, the place in the United Kingdom at which the records are normally kept; or
c
in default of such agreement and if there is no such place as is referred to in sub-paragraph (b) above, the contractor’s principal place of business in the United Kingdom.ormally kept; or
c
in default of such agreement and if there is no such place as is referred to in sub-paragraph (b) above, the contractor’s principal place of business in the United Kingdom.
3
The authorised officer may —
a
take copies of, or make extracts from, any document produced to him for inspection in accordance with paragraph (1) of this Regulation;
b
if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period, remove any document so produced, and, if he does so, shall provide a receipt for any documents so removed; and where a lien is claimed on a document produced in accordance with paragraph (1) of this Regulation the removal of the document under this sub-paragraph shall not be regarded as breaking the lien;
and where a document removed in accordance with sub-paragraph (b) of this paragraph is reasonably required for the proper conduct of a business the authorised officer shall, within 7 days, provide a copy of the document, free of charge, to the person by whom it was produced or caused to be produced.
.
Information as to changes in control of close companies
7
1
Where —
a
a company is a close company and is a private company limited by shares; and
b
either the company holds a certificate in force under section 70 of the Finance (No. 2) Act 1975 or has applied for such a certificate; and
c
there is a change in the control of that company by reason of an issue or transfer of shares in the company to a person who was not immediately before such issue or transfer a shareholder in that company;
the company shall, within 30 days of such issue or of receiving information as to the transfer, furnish in writing to the Inspector the name and address of the person to whom such shares were issued or transferred.
2
In this regulation “control” has the same meaning as in section 534 of the Income and Corporation Taxes Act 1970 .
T. J. Painter
A. B. Fallows
Two of the Commissioners of Inland Revenue
29th March 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Government Reorganisation (Non-Domestic Mortgages) Order 1988, and shall come into force on 31st March 1988.
2
In this Order —
“transferee council” in relation to any mortgage, means the council of any London borough mentioned in relation to the mortgaged property in column 3 of the Schedule, and
“the Coin street mortgage” means the mortgage mentioned in article 2(3).
Transfer of non-domestic mortgages
2
1
This article applies to any mortgage granted to the London Residuary Body or any predecessor in title of that Body by a person or body mentioned in column 1 of the Schedule and secured on land situated as described in column 2.
2
All rights and liabilities of the London Residuary Body in respect of any mortgage to which this article applies, and all records of that body relating exclusively to any such rights or liabilities, shall vest in the transferee council, or, as the case may be, councils.
3
The rights, liabilities and records in respect of the mortgage of land at Upper Ground and at Barge House Street, SE1, transferred by paragraph (2) above shall vest in the transferee councils jointly on such terms as may be agreed between them or, failing such agreement, determined by a person so agreed on or appointed in default of agreement by the Secretary of State.
4
The transferee council, or, as the case may be, councils shall pay to the London Residuary Board a sum equal to the aggregate of all amounts outstanding by way of principal and interest in respect of any mortgage to which this article applies; and the sum in respect of the Coin street mortgage may be recovered from the transferee councils jointly or severally.
5
Money received by the London Residuary Body in pursuance of this article shall not be treated, for the purposes of section 77 of the Act and of the Local Government Reorganisation (Capital Money) (Greater London) Order 1987 , as capital money within the meaning of article 2(2) of that Order.
Nicholas Ridley
Secretary of State for the Environment
10th February 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment No. 2 Regulations 1988 and shall come into force for the purposes of this regulation and regulation 3(a) on 23rd May 1988 and for all other purposes on 30th May 1988.
2
In these Regulations“the General Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulations 34(1), 37 and 45(1) of the General Regulations
2
In regulations 34(1), 37 and 45(1) of the General Regulations (capital treated as income, capital limit and calculation of tariff income from capital) for“£6,000” there shall be substituted“£8,000”.
Amendment of Schedule 4 to the General Regulations
3
In Schedule 4 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 11 there shall be substituted the following paragraph —
11
In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section —
a
any travelling expenses reimbursed to the claimant;
b
if he is a person to whom regulation 5(5)(b) applies (circumstances in which a person is to be treated as occupying a dwelling as his home), any living away from home allowance under section 2(2)(d) of that Act but only for the purposes of assessing entitlement to housing benefit in respect of the dwelling which he normally occupies as his home;
c
any training premium,
but this paragraph, except insofar as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.
;
b
after paragraph 34 there shall be added the following paragraph —
35
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
.
Amendment of Schedule 5 to the General Regulations
4
In Schedule 5 to the General Regulations (capital to be disregarded) after paragraph 23 there shall be added the following paragraphs —
24
Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he left that dwelling.
25
Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
26
Any premises where the claimant has commenced legal proceedings to obtain possession of those premises in order to occupy them as his home, for a period of 26 weeks from the date on which he commenced such proceedings, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
27
Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.
28
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
19th May 1988


text:
1
These Regulations may be cited as the Education Support Grants (Amendment) (No. 2) Regulations 1988 and shall come into force on 1st December 1988.
2
For regulation 4 of the Education Support Grants Regulations 1984 (“the principal regulations”) there shall be substituted the following regulation —
4
1
Subject to paragraphs (2), (3) and (4), grants in respect of approved expenditure shall be payable at the rate of 70 per cent. of such expenditure.
2
Grants in respect of approved expenditure incurred on or after 1st April 1988 in respect of item 4(a) of the Schedule hereto shall be payable at the rate of 50 per cent. of such expenditure.
3
Grants in respect of approved expenditure incurred on or after 1st April 1989 in respect of items 2, 3 and (as respects England) 14 of the Schedule hereto shall be payable at the rate of 50 per cent. of such expenditure.
4
Grants in respect of approved expenditure incurred on or after 1st April 1989 in respect of item 20 of the Schedule hereto on the provision of computer hardware or the provision of staff in posts created on or after that date shall be payable at the rate of 50 per cent. of that expenditure.
5
In this regulation “approved expenditure” means any expenditure which is approved as provided in regulation 3.
.
3
For the Schedule to the principal regulations there shall be substituted the following Schedule —
SCHEDULE
PURPOSES FOR OR IN CONNECTION WITH WHICH GRANTS ARE PAYABLE
Regulation 2(1)
1
The management and appraisal of lecturers and school teachers.
2
The teaching of mathematics in schools.
3
The teaching of science and technology as part of primary education.
4
A pilot project devised with one of the following objectives:
a
to provide records of achievement for pupils in secondary schools or students at further education establishments;
b
to improve the quality of education provided in primary schools in urban areas;
c
to improve the quality or the range of the curriculum provided in primary schools in rural areas;
d
to meet the educational needs of persons from ethnic minorities, to promote harmony between different racial groups or in other ways to prepare persons for life in a multi-ethnic society;
e
to improve the use of the spoken word by pupils of compulsory school age;
f
to promote social responsibility in children;
g
to broaden the range of languages learnt by pupils in secondary schools as their first foreign language.
5
The provision of re-training and up-dating courses directed towards the needs of industry and commerce.
6
The development of the use of information technology at further education establishments, by providing equipment, preparing or providing course material and computer software, or training teachers employed at such establishments.
7
The planning, development and co-ordination of provision to meet the educational needs (including the need for guidance) of persons who are unemployed (excluding those currently receiving full-time education).
8
The provision of data-processing equipment, and accessories and software for such equipment, for use in the management of further education establishments and the training of staff in the use of such equipment.
9
Developing the knowledge and appreciation, among pupils in schools in Wales, of the heritage, culture and language of Wales.
10
The development, provision and appraisal of courses of training for school governors.
11
The provision of support for parents in the teaching of children under the age of five with special educational needs.
12
The provision of computerised learning aids and associated software at further education establishments for use by students with special educational needs.
13
The employment of staff to strengthen links between further education establishments and employers in order to improve the quality and relevance of courses provided by such establishments.
14
Combating, through education, the misuse of drugs.
15
Securing the supervision of pupils in schools at midday.
16
The provision to schools and further education establishments of books and equipment for use on courses leading to an examination for the General Certificate of Secondary Education.
17
The organisation in urban areas of leisure-time activities of vocational benefit to young persons mainly between the ages of 14 and 21.
18
The development and support of methods of learning which do not require regular attendance at educational establishments, including activities connected with the Open College.
19
The provision of computer-aided engineering equipment for engineering courses in further education establishments.
20
The development of the use of information technology in primary and secondary schools through the provision of staff and computer hardware.
21
The preparation and implementation of schemes for financing county and voluntary schools made under section 33 of the Education Reform Act 1988 .
22
The preparation and implementation of schemes for financing locally funded further and higher education made under section 139 of the Education Reform Act 1988.
23
The development and appraisal of courses of training for governors of further education establishments.
24
The development and improvement of the inspection and advisory services provided by education authorities with a view to —
a
monitoring the quality of education provided by the authority in schools, and
b
providing advice in relation to the national curriculum (as defined in section 2 of the Education Reform Act 1988) and the delegation of financial management pursuant to schemes made under section 33 of that Act.
25
The teaching in schools of the subject of technology and of the core subjects (as defined in Section 3 of the Education Reform Act 1988).
26
The training of teachers in schools to improve pupils' use and understanding of the English language, with particular reference to the recommendations of the report of the Committee of Inquiry into the Teaching of English Language appointed by the Secretary of State for Education and Science under the chairmanship of Sir John Kingman, published by Her Majesty’s Stationery Office in March 1988 .
27
The training of teachers in Wales to teach Welsh as part of the national curriculum (as defined in item 24(b) above).
28
i
The provision in urban areas of England of training to enable young people to qualify as youth workers, being training designed primarily for those between the ages of 18 and 25.
ii
The provision of corresponding training in Wales within the Boroughs of Dinefwr, Llanelli, Blaenau Gwent, Islwyn, Torfaen, Cynon Valley, Merthyr Tydfil, Ogwr, Rhymney Valley, Taff Ely, Brecknock, Lliw Valley, Neath and Port Talbot and the City of Swansea.
29
The provision of open learning centres to provide tuition for adults in literacy and numeracy.
30
The improvement of educational guidance services for adults including the development of computer databases of local learning opportunities.
31
The provision of training for teachers and pupils in Wales in matters relating to health education.
.
4
The Education Support Grants (Amendment) Regulations 1988 are hereby revoked.
Kenneth Baker
Secretary of State for Education and Science
16th November 1988
Kenneth Baker
Secretary of State for Wales
17th November 1988


text:
Citation and Commencement
1
This Order may be cited as the School Curriculum Development Committee and Secondary Examinations Council (Transfer of Property) Order 1988, and shall come into force on 3rd January 1989.
Transfer of Property etc to the Councils
2
The property, rights and liabilities of the School Curriculum Development Committee and the Secondary Examinations Council hereinafter described, being property, rights and liabilities which in the opinion of the Secretary of State require to be transferred to the National Curriculum Council, the Curriculum Council for Wales and the School Examinations and Assessment Council for the purpose of enabling those Councils properly to perform their respective functions, shall on 3rd January 1989 be transferred and vest as hereinafter provided.
3
1
All rights and liabilities in respect of the lease dated 10th June 1985 and made between the Halcrow Partnership of the one part and the School Curriculum Development Committee of the other part of its pemises at Newcombe House, 45 Notting Hill Gate, London W11 and all property of the School Curriculum Development Committee held therein immediately before this Order comes into force exclusively for its purposes, other than its files, records, accounts and working papers and the property listed in Schedule 1, shall vest in the School Examinations and Assessment Council.
2
All rights and liabilities of the School Curriculum Development Committee in respect of the lease dated 14th February 1985 and made between H. W. D. Burgess and others of the first part and the School Curriculum Development Committee of the other part of its premises at Castle Buildings, Womanby Street, Cardiff and all property held therein immediately before this Order comes into force shall vest in the Curriculum Council for Wales.
3
There shall vest in the National Curriculum Council:
a
the property of the School Curriculum Development Committee listed in Schedule 1; and
b
all interests, rights and liabilities of the School Curriculum Development Committee in the company known as SCDC Publications; and
c
all other property, rights and liabilities whatsoever of the School Curriculum Development Committee, with the exception of the property, rights and liabilities transferred to the School Examinations and Assessment Council and the Curriculum Council for Wales by paragraphs (1) and (2) of this Article.
4
1
All property, rights and liabilities of the Secondary Examinations Council including all rights and liabilities in respect of the leases dated 10th June 1985 and 25th March 1987 and made between the Halcrow Partnership of the one part and the Secondary Examinations Council of the other part of its premises at Newcombe House, 45 Notting Hill Gate, London W11 and all furniture, equipment, and records held therein immediately before this Order comes into force for its purposes, other than the property listed in Schedule 2, shall vest in the School Examinations and Assessment Council.
2
The property of the Secondary Examinations Council listed in Schedule 2 shall vest in the National Curriculum Council.


text:
1
The length of the Trunk Road which is described in the Schedule to this Order and is shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Lincolnshire 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
“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/EM 35 marked “The (A16) Norman Cross — Grimsby Trunk Road (Louth Bypass) (Detrunking) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new Trunk Road”
means the trunk road to be constructed by the Secretary of State in pursuance of the (A16) Norman Cross — Grimsby Trunk Road (Louth Bypass) Order 1988 ; and
iv
“the trunk road”
means the (A16) Norman Cross — Grimsby Trunk Road.
3
This Order shall come into force on 23rd September 1988 and may be cited as the (A16) Norman Cross — Grimsby Trunk Road (Louth Bypass) (Detrunking) Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
1st September 1988


text:
1
These Regulations may be cited as the Local Government (Allowances) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2
In these Regulations “the principal Regulations ” means the Local Government (Allowances) Regulations 1986 .
3
1
For regulations 3 and 4 of the principal Regulations there is substituted: —
3
1
The prescribed amount of attendance allowance shall be £18.25 for any period of 24 hours beginning at 3 am.
2
The prescribed amount of financial loss allowance shall be:
a
£14.85 for any period not exceeding 4 hours;
b
£29.70 for any period exceeding 4 hours but not exceeding 24 hours;
c
for a period exceeding 24 hours, £29.70 for each period of 24 hours plus the amount specified above which is appropriate to the remainder of the period.
4
1
The rate which a special responsibility allowance shall not exceed in any financial year beginning with the financial year ending on 31st March 1989 is: —
a
in the case of a principal council belonging to the description of councils in paragraph 8(e) of Schedule 1 hereto, £525; and
b
in any other case, one third of the total amount which that principal council may pay in that year by way of such allowances or £5,215, whichever is the less.
2
The total amount payable by a principal council by way of special responsibility allowances in any financial year beginning with the financial year ending on 31st March 1989 shall not exceed the figure specified in Schedule 1 hereto in respect of that council or the description of councils to which it belongs.
.
2
For Schedule 1 to the principal Regulations there shall be substituted the replacement Schedule 1 set out in the Schedule hereto.
Nicholas Ridley
Secretary of State for the Environment
29th February 1988
Peter Walker
Secretary of State for Wales
1st March 1988


text:
This Order may be cited as the North Wales Police (Amalgamation) (Amendment) Order 1988.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd March 1988


text:
1
This Order may be cited as the British Steel Act 1988 (Appointed Day) Order 1988.
2
The day appointed for the purposes of section 1(1) of the British Steel Act 1988 shall be 5th September 1988.
Lord Young of Graffham
Secretary of State for Trade and Industry
2nd August 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988 and shall come into force on 7th November 1988.
2
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ; and
“the Payments on account, Overpayments and Recovery Regulations ” means the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 .
Amendment of the Adjudication Regulations
2
1
The Adjudication Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (d) of regulation 53 (definition of “medical question”) for the words “for locomotion,” there shall be substituted the words “for locomotion; or”.
3
After paragraph (d) of regulation 53 there shall be added the following paragraph —
e
which would have been a question under paragraphs (a), (b) and (d) on the day before he attained 65, in the case of a person who is over the age of 65 but under the age of 66 at the date on which the claim is received or treated as received,
.
4
In regulation 54 (date for the determination of the medical questions) after the words “any medical question” there shall be inserted the words “except a question under regulation 53(e)”.
5
In paragraph (6)(c) of regulation 63 (notification of decisions in income support cases) for the reference to section 23(8) there shall be substituted a reference to section 23A .
6
In regulation 71 (review in social fund maternity and funeral expenses cases) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.
Amendment of the Claims and Payments Regulations
3
1
The Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) after the definition of “partner” there shall be inserted the following definition —
“period of cold weather” means that period set out in regulation 1(2) of the Social Fund Cold Weather Payments (General) Regulations 1988 ;
;
b
in paragraph (2)(b) after the words “in section 32(2)(a)” there shall be inserted the words “and section 32(2A)” .
3
In paragraph (3) of regulation 6 (date of claim) after the words “maternity or funeral expenses” there shall be added the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.
4
After regulation 15 there shall be inserted the following regulation —
Cold weather payments
15A
1
Where a person claims expenses for heating in respect of a period of cold weather and an award is made in respect of that claim then in any other subsequent period of cold weather occurring between the end of that period and 30th April immediately following the adjudicating authority may —
a
treat the claim also as if made for that subsequent period; and
b
award benefit accordingly, subject to the condition that the person satisfies the prescribed circumstances set out in regulation 2(1) of the Social Fund Cold Weather Payments (General) Regulations 1988.
2
An award under paragraph (1)(b) shall be reviewed by the adjudicating authority if the prescribed circumstances are found not to have been satisfied in any subsequent period.
.
5
In paragraph (4) of regulation 19 (time for claiming benefit) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.
6
In paragraph (5) of regulation 30 (payments on death) after the words “in section 32(2)(a)” there shall be inserted the words “and section 32(2A)”.
7
In paragraph (2) of regulation 35 (deductions from benefit and direct payments to third parties) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.
8
In Schedule 4 (prescribed time for claiming benefit) —
a
in column 1 (description of benefit) below paragraph 9 there shall be inserted the following paragraph —
9A
Social fund payment to meet expenses for heating incurred in a period of cold weather.
;
and
b
in column 2 (prescribed time for claiming benefit) there shall be inserted, so as to relate to paragraph 9A, “3 months from the last day of the period of cold weather recorded at the designated National Climatological Message Station appropriate to the claimant.”.
Amendment of the Payments on account, Overpayments and Recovery Regulations
4
In the definition of “benefit” in paragraph 2 of regulation 1 (interpretation) for the words “any payment under section 32(2)(a) of the Act (maternity and funeral expenses)” there shall be substituted the words “any social fund payment under sections 32(2)(a) and 32(2A) of the Act”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Credits) Amendment (No. 2) Regulations 1988 and shall come into force on 2nd October 1988.
2
In these Regulations, “the principal Regulations ” means the Social Security (Credits) Regulations 1975 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) in the appropriate places in alphabetical order, there shall be inserted the following definitions —
“relevant benefit year” has the meaning assigned to it in paragraph 1(4) of Schedule 3 to the Act in relation to the benefit in question;
“year” means tax year;
.
3
In regulation 8 (credits on termination of full-time education, training or apprenticeship) —
a
in paragraph (1) —
i
for the words “unemployment benefit, sickness benefit or maternity allowance” there shall be substituted the words “unemployment benefit or sickness benefit”;
ii
for the words “during any part of the relevant past year” to the end, there shall be substituted the following —
“during any part of the last two complete years before the beginning of the relevant benefit year, shall, subject to paragraph (2), be entitled to be credited with earnings, equal to the lower earnings limit then in force, for either of those years, provided that the other is, in his case, a reckonable year and if that course or, as the case may be, his apprenticeship has terminated.”;
b
at the end of paragraph (2)(b) a semi-colon shall be substituted for the full-stop;
c
after paragraph (2)(b) there shall be inserted the following sub-paragraph —
c
to a person in respect of any tax year before that in which he attains the age of 18.
Revocation and Saving
3
1
Regulation 5 of the principal Regulations (starting credits for the purposes of unemployment benefit, sickness benefit and maternity allowance) is hereby revoked.
2
The principal Regulations shall have effect in respect of any period before 2 October 1988 as if these Regulations had not been made notwithstanding that entitlement to be credited with earnings or contributions for that period falls to be determined after 1 October 1988.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
15th July 1988


text:
Citation and commencement
1
1
This Order may be cited as the Derbyshire (District Boundaries) Order 1988.
2
This Order shall come into force on 22nd February 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“borough ward” means a ward of the borough of Chesterfield;
“boundary map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Derbyshire (District Boundaries) Order 1988”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“county electoral division” means an electoral division of the county of Derbyshire;
“district ward” means a ward of the district of North East Derbyshire.
Transfers between districts
3
The areas marked on the boundary map as shown in columns 1 and 2 of the Schedule to this Order shall cease to be part of the relevant local government areas named in column 3, and shall become part of the relevant local government areas named in column 4 and of the borough or district ward and the county electoral division named in column 5.
Town and Country Planning
4
Any provisions of a local plan adopted by the council of a district which apply immediately before 1st April 1988 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which the area is transferred.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
20th January 1988


text:
Citation and commencement
1
This Order may be cited as the Dover (Pilotage) Harbour Revision Order 1988 and shall come into force on 22nd December 1988.
Interpretation
2
In this Order —
“The Board” means the Dover Harbour Board;
“the harbour” means the harbour as defined in section 4 of the Dover Harbour Consolidation Act 1954 ;
“the signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at the Department and one copy of which has been deposited at the offices of the Board situated at the Harbour House, Dover, Kent, CT17 9BU.
Extension of limits of jurisdiction for purposes of pilotage
3
The limits within which the Board shall have jurisdiction for the purposes of Pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour) the area coloured yellow on the signed plan, being so much of the sea as lies within one international nautical mile of the seaward limits of the harbour.
Signed by authority of the Secretary of State.
J. W. S. Dempster
An Under Secretary in the
Department of Transport
21st December 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1988 and shall come into force on 7th November 1988.
2
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), for the definition of “period of cold weather” there shall be substituted the following definition —
“period of cold weather” means a period of 7 consecutive days during which the average of the mean daily temperature for that period is equal to or below 0 degrees celsius; and for the purposes of this definition where a day forms part of a period of cold weather it shall not form part of any other such period;
.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2(1)(c)(ii) of the principal Regulations (prescribed circumstances) for “2” there shall be substituted “5”.
Signed by authority of the Secretary of State for Social Security.
Peter Lloyd
Parliamentary Under-Secretary of State,
Department of Social Security
2nd November 1988