text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) Regulations 1988 and shall come into force on 10th February 1988.
2
In regulation 3 of the Fire Services (Appointments and Promotion) Regulations 1978 for paragraph (1) there shall be substituted the following provision —
1
A person shall not be appointed to be a chief officer of a brigade unless he has —
a
served in the rank of Divisional Officer (Class 1), or in a higher rank, as a member of a fire brigade maintained by a fire authority in Great Britain under the Fire Services Act 1947 or by the Fire Authority for Northern Ireland, and
b
completed the course for senior fire officers conducted by the Fire Service College and known as the Brigade Command Course.
.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
13th January 1988


type: legislation

jurisdiction: UK

text:
1
The new highways which the Secretary of State proposes to construct —
a
along the routes described in Schedule 1 to this Order (the highways along these routes being in this Order referred to as “the main new trunk roads”); and
b
along the routes described in Schedule 2 to this Order which connect the trunk road with other highways at 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 trunk 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
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 HA10/2E/267, marked “The A47 Trunk Road (Castor and Ailsworth Bypass and Slip Roads) Order 1988”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk roads and the slip roads;
iii
“the trunk road”
means the A47 Trunk Road.
5
This Order shall come into force on 3rd October 1988 and may be cited as the A47 Trunk Road (Castor and Ailsworth Bypass and Slip Roads) Order 1988.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
25th August 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Restriction of Scope of Act) Order 1988 and shall come into force on 27th February 1988.
2
In this Order“ the Act ” means the Financial Services Act 1986.
Arranging deals in investments
2
The following note shall be added to paragraph 13 of Schedule 1 to the Act —
3
This paragraph does not apply to a person (“the relevant person”) who is either a money-lending company within the meaning of section 338 of the Companies Act 1985 or a body corporate incorporated under the law of, or of any part of, the United Kingdom relating to building societies or a person whose ordinary business includes the making of loans or the giving of guarantees in connection with loans by reason of the relevant person making, or offering or agreeing to make, arrangements with a view to a person (“the authorised person”) who is either authorised under section 22 or 23 of this Act or who is authorised under section 31 of this Act and carries on insurance business which is investment business selling an investment which falls within paragraph 10 above or, so far as relevant to that paragraph, paragraph 11 above if the arrangements are either —
a
that the authorised person or a person on his behalf will introduce persons to whom the authorised person has sold or proposes to sell an investment of the kind described above, or will advise such persons to approach, the relevant person with a view to the relevant person lending money on the security of that investment; or
b
that the authorised person gives an assurance to the relevant person as to the amount which will or may be received by the relevant person, should that person lend money to a person to whom the authorised person has sold or proposes to sell an investment of the kind described above, on the surrender or maturity of that investment if it is taken as security for the loan.
.
Dealings as principal
3
1
Paragraph 17(3) of Schedule 1 to the Act shall be deleted and the following substituted —
3
Sub-paragraph (1) above applies only —
a
if the investment to which the transaction relates or will relate falls within any of paragraphs 1 to 6 above or, so far as relevant to any of those paragraphs, paragraph 11 above; or
b
if the transaction is the assignment (or, in Scotland, the assignation) of an investment falling within paragraph 10 above or is the assignment (or, in Scotland, the assignation) of an investment falling within paragraph 11 above which confers rights to or interests in an investment falling within paragraph 10 above.
.
2
Paragraph 17(4) of Schedule 1 to the Act shall be amended by substituting for the words from“a transaction” to the words“and which” the following words —
“any transaction, other than a transaction of a kind described in sub-paragraph (3)(a) or (b) above, which relates or is to relate to an investment which falls within paragraph 10 above or, so far as relevant to that paragraph, paragraph 11 above nor does it apply to a transaction which relates or is to relate to an investment which falls within any of paragraphs 7 to 9 above or, so far as relevant to any of those paragraphs, paragraph 11 above being a transaction which, in either case,”.
Sale of body corporate
4
Paragraph 21 of Schedule 1 to the Act shall be amended by —
a
deleting the heading to that paragraph and substituting the words“Sale of body corporate”;
b
deleting the words“private company” in paragraph 21(1) and substituting the words“body corporate other than an open-ended investment company”;
c
deleting the words from“private company” to“provision and” in paragraph 21(3); and
d
by substituting the words“body corporate” for the word“company” wherever it appears.
Advice given in sound or television broadcasts
5
The following paragraph shall be inserted after paragraph 25 of Schedule 1 —
Advice given in sound, television or cable programmes
25A
1
Paragraph 15 above does not apply to any advice given in any programme or teletext transmission —
a
broadcast, or made for broadcasting, by the British Broadcasting Corporation or by the Independent Broadcasting Authority in accordance with the provisions of the Broadcasting Act 1981 ; or
b
included, or made for inclusion, in a cable programme service which is, or does not require to be, licensed under the Cable and Broadcasting Act 1984 .
2
In this paragraph —
“programme”, in relation to a television or sound broadcasting service or a cable programme service, includes an advertisement and any other item included in that service; and
“teletext transmission” has the same meaning as in section 14(6) of the Broadcasting Act 1981 and includes any such transmission broadcast by a service which is an additional teletext service within the meaning of section 47(2) of the Cable and Broadcasting Act 1984.
.
International Securities Self-regulating organisations
6
The following paragraph shall be inserted after paragraph 25A of Schedule 1 to the Act —
International Securities Self-regulating organisations
25B
1
An activity within paragraph 13 above engaged in for the purposes of carrying out the functions of a body or association which is approved under this paragraph as an international securities self-regulating organisation, whether by the organisation or by any person acting on its behalf, shall not constitute the carrying on of investment business in the United Kingdom for the purposes of Chapter II of Part I of this Act.
2
In this paragraph —
“International securities business” means the business of buying, selling, subscribing for or underwriting investments (or offering or agreeing to do so, either as principal or agent) which fall within any of the paragraphs in Part I above other than paragraph 10 and, so far as relevant to paragraph 10, paragraph 11 and which, by their nature, and the manner in which the business is conducted, may be expected normally to be bought or dealt in by persons sufficiently expert to understand any risks involved, where either the transaction is international or each of the parties may be expected to be indifferent to the location of the other, and, for the purposes of this definition, the fact that the investments may ultimately be bought otherwise than in the course of international securities business by persons not so expert shall be disregarded; and
“international securities self-regulating organisation” means a body corporate or unincorporated association which
does not have its head office in the United Kingdom;
is not eligible for recognition under section 37 or section 39 of this Act on the ground that (whether or not it has applied, and whether or not it would be eligible on other grounds) it is unable to satisfy the equirements of section 40(2)(a) or (c) of this Act;
has a membership composed of persons falling within any of the following categories, that is to say, authorised persons, exempted persons, persons holding a permission under paragraph 23 above and persons whose head offices are outside the United Kingdom and whose ordinary business is such as is mentioned in paragraph 17(2)(e) above; and
which facilitates and regulates the activity of its members in the conduct of international securities business.
3
The Secretary of State may approve as an international securities self-regulating organisation any body or association appearing to him to fall within sub-paragraph (2) above if, having regard to such matters affecting international trade, overseas earnings and the balance of payments or otherwise as he considers relevant, it appears to him that to do so would be desirable and not result in any undue risk to investors.
4
Any approval under this paragraph shall be given by notice in writing; and the Secretary of State may by a further notice in writing withdraw any such approval if for any reason it appears to him that it is not appropriate for it to continue in force.
Francis Maude
Parliamentary Under Secretary of State
Department of Trade and Industry
25th February 1988


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment (No. 2) Scheme 1988 and shall come into force on 1st February 1989.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Payment by direct credit transfer
2
After article 74 of the principal Scheme there shall be inserted the following article —
Direct credit transfer
74A
1
The Secretary of State may direct in relation to any particular case or class of case that a pension shall be paid by way of automated or other direct credit transfer into a bank or other account —
a
in the name of a person entitled to the pension or a person acting on his behalf, or
b
in the joint names of the person entitled to the pension and his spouse, or the person entitled to the pension and a person acting on his behalf.
2
Pension paid in accordance with paragraph (1) shall be paid —
a
for periods of 4 weeks, or for such other periods as the Secretary of State may in any particular case or class of case determine;
b
within 7 days of the last day of each successive period determined in accordance with (a) above; and
c
in advance, or in arrears, or partly in advance and partly in arrears, as the Secretary of State may in any particular case or class of case determine.
3
Where pension is payable in accordance with this article the Secretary of State may make a particular payment by credit transfer otherwise than as provided in paragraph (2) if it appears to him to be appropriate to do so for the purpose of —
a
paying any arrears of pension, or
b
making a payment of pension at the termination of an award.
4
Payment of pension in accordance with this article may be terminated by the Secretary of State if the arrangement seems to him to be no longer appropriate to the particular case or class of case.
.
Payment of pension
3
1
In article 75 of the principal Scheme (payment of pensions), for paragraph (1) there shall be substituted the following paragraphs:-
1
The provisions of this article, other than paragraph (1A), are subject to the provisions of article 74A.
1A
Payment of a pension may be made provisionally or upon any other basis.
1B
Subject to paragraph (1C) pension may be paid weekly in advance.
1C
The Secretary of State may in any particular case or class of case determine that pension shall be paid in advance or in arrears or partly in advance and partly in arrears, and for a period different from that specified in paragraph (1B).
1D
Pension shall be paid by such means as appears to the Secretary of State to be appropriate in the circumstances of the case or class of case.
.
2
In article 75(3)(a) of the principal scheme, for the words “paragraph (1)”, there shall be substituted the words “the preceding provisions of this article”.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
16th December 1988
We approve,
David Maclean
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Surrey Water Order 1988 and shall come into force on 9th May 1988.
2
The North Surrey Water Acts and Orders 1877 to 1986 and this Order may be cited together as the North Surrey Water Acts and Orders 1877 to 1988.
3
In this Order —
“the 1973 Order ” means the North Surrey Water Order 1973 ;
“the 1983 Order ” means the North Surrey Water Order 1983 ;
“the 1986 Order ” means the North Surrey Water Order 1986 ;
“ the Company ” means the North Surrey Water Company;
“the conversion date” means such date as may be determined by resolution of the directors of the Company;
“the initial period” means the period of 5-years beginning with the coming into force of this Order;
“the 3.5% Ordinary Stock” means the 3.5% ordinary stock of the Company;
“the old 3.5% stock” means the 3.5% (formerly 5%) ordinary stock of the Company;
“the Third Schedule ” means the Third Schedule to the Water Act 1945 as it applies to the undertaking;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.
Capital and borrowing powers
2
1
For section 4 of the 1983 order (capital and borrowing powers) there shall be substituted the following section —
4
1
The Company may raise capital by —
a
the issue of shares;
b
borrowing on mortgage of the undertaking;
c
borrowing by the issue of debenture stock.
2
Any sums to be raised in accordance with subsection (1), when added to —
a
the sums raised by the issue of existing share capital before the relevant date; and
b
other amounts so raised by borrowing and still outstanding on that date;
shall not exceed £25 million.
3
Subject to subsection (4), the Company shall take such steps as may be necessary to ensure that the amounts raised as mentioned in paragraphs (b) and (c) of subsection (1) which are at any time outstanding do not exceed twice the aggregate of —
a
the sums raised by the issue of existing share capital; and
b
the amount of the Company’s reserves.
4
With the consent of the Secretary of State, the Company may raise an additional amount as mentioned in paragraphs (b) and (c) of subsection (1) not exceeding on the relevant date ten per cent of the aggregate mentioned in subsection (3).
5
For the purposes of this section —
a
the amount raised by the issue of share capital or debenture stock is the amount raised taking into account any premiums or discounts; and
b
in the case of any share capital or debenture stock issued for a consideration other than cash the nominal value shall be taken to be the amount raised by that issue.
6
The Company’s powers of borrowing may be exercised without obtaining the certificate of a justice under section 40 of the Companies Clauses Consolidation Act 1845 .
7
The Company may raise sums under subsection (1)(a) by the issue of new ordinary shares or stocks or new preference shares or stocks or, at the Company’s option, by any of those methods.
8
In this section —
“the Company’s reserves” means the aggregate of any of the following amounts appearing in the Company’s last audited balance sheet —
a
any capital reserve;
b
any sum carried forward in accordance with section 77 of the Third Schedule; and
c
any amounts standing to the credit of any reserve or contingency fund established and maintained in accordance with section 76 of the Third Schedule;
“the relevant date” means the date on which the Company exercise the powers mentioned in subsection (1).
.
2
The directors of the Company may, without further authorisation, raise the same amount of capital as they were authorised to raise, but had not raised, before the coming into force of this Order.
Maximum rates of dividend
3
For section 5 of the 1983 order (maximum rates of dividend) there shall be substituted the following section —
5
1
The Company shall not in respect of any year pay dividends on their paid-up share capital at rates greater than the following —
a
on capital subscribed before the date of commencement of this Order, the rates which they were entitled to pay thereon immediately before that date;
b
on ordinary capital —
i
during the initial period, 10 per cent, or
ii
thereafter 7 per cent or such higher rate not exceeding 10 per cent as the Secretary of State may approve;
c
on preference capital —
i
during the initial period, 12 per cent, or
ii
thereafter 7 per cent or such higher rate not exceeding 12 per cent as the Secretary of State may approve.
2
The Company may pay a dividend on ordinary capital at rates greater than those mentioned in subsection (1) to make up deficiencies in previous dividends arising —
a
in the case of the stock referred to in section 5(1)(a) and (b) of the 1973 Order, at any time;
b
in the case of any other ordinary capital, during the five years preceding the year in respect of which a dividend is being paid.
3
In this Section “the initial period” means the period of 5-years beginning with 13th May 1988.
.
Conversion of old 3.5% stock
4
1
On the conversion date the old 3.5% stock shall become and be re-named “3.5% Ordinary Stock” and shall thereafter be included in a single class with the 3.5% Ordinary Stock.
2
The incidents attaching to the old 3.5% stock shall not be affected by the conversion effected by this article and except as provided by paragraph (1) the 3.5% Ordinary Stock shall in all respects be the same as the old 3.5% stock.
3
The Company shall take such steps as are reasonably necessary to notify stockholders of the conversion effected by this article, and may do such other acts of an administrative nature as appear to them to be desirable.
4
Without prejudice to paragraph (3), the Company shall amalgamate the registers of transfers and any other registers relating to the old 3.5% stock into a single register or group or registers relating to the 3.5% Ordinary Stock.
5
In addition to any period during which the directors of the Company may close a relevant register under section 5 of the 1986 Order (closing of transfer books), they may close the registers referred to in paragraph (4) for a period not exceeding 14 days at any time between the coming into force of this Order and the conversion date.
6
Where any transfer of the old 3.5% stock is lodged for registration with the Company at a time when any register of transfers is so closed, the transfer shall, as between the Company and the person claiming under the transfer but not otherwise, be deemed to be made on the date when that register is re-opened.
7
As from the conversion date each certificate of the old 3.5% stock shall be deemed to represent a holding of 3.5% Ordinary Stock to the same nominal value as the holding of old 3.5% stock shown on that certificate.
Modification of the Third Schedule
5
Sections 75 and 76 of the Third Schedule shall be modified as follows —
a
In section 75 (sale of stock by auction or tender): —
i
in subsection (2), omit the words “public auction or”;
ii
omit subsection (2)(a);
iii
in subsection (2)(b), omit the words from “and notice thereof” to the end;
iv
omit subsection (2)(c);
v
in subsection (2)(d), omit the words “in the case of a sale by tender,” and by “by tender”;
vi
omit subsection (2)(e);
vii
in subsection (2)(f), omit the words “of the auction or” and “, as the case may be”;
viii
omit subsection (4);
b
In section 76(1) (reserve and contingency funds), after the words “think fit” insert “(not being provisions for liabilities or charges within paragraph 89 of Schedule 4 to the Companies Act 1985 ”.
Costs of Order
6
The costs, charges and expenses of and incidental to the application for, and the preparation and making of this Order shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
6th May 1988


text:
1
This Order may be cited as the A11 Trunk Road (High Road, Leytonstone, Waltham Forest) (Prescribed Routes) Order 1988 and shall come into force on 17th October 1988.
2
In this Order: —
“High Road, Leytonstone” means that length of the London-Norwich Trunk Road (A11) in the London Borough of Waltham Forest known as High Road, Leytonstone;
“the McDonald’s site access road” means the road leading to a development site from the northeastbound carriageway of High Road, Leytonstone at a point opposite the junction of Mornington Road with High Road, Leytonstone; and
“island site” means the triangular island site in the McDonald’s site access road at its junction with the northeastbound carriageway of High Road, Leytonstone.
3
Every person causing any vehicle to proceed southeastwards in the McDonald’s site access road shall cause that vehicle on reaching its junction with the northeastbound carriageway of High Road, Leytonstone to turn left.
4
No person shall cause or permit any vehicle proceeding southeastwards in the McDonald’s site access road to enter the northeastbound carriageway of High Road, Leytonstone otherwise than by keeping the island site on the right or offside of the vehicle.
5
No person shall cause or permit any vehicle proceeding in High Road, Leytonstone to enter the McDonald’s site access road otherwise than by keeping the island site on the right or offside of the vehicle.
6
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
13th October 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Maternity Pay (General) Amendment Regulations 1988 and shall come into force on 6th April 1988.
2
In these Regulations, the “principal regulations” means the Statutory Maternity Pay (General) Regulations 1986 .
Amendment of regulation 4 of the principal regulations
2
At the end of regulation 4 of the principal regulations (modification of entitlement provisions), there shall be inserted the following paragraph:
3
In relation to a woman to whom either paragraph (1) or paragraph (2) applies, section 48 of the 1986 Act shall be modified so that —
a
subsection (2) has effect as if the reference to the period of 8 weeks immediately preceding the 14th week before the expected week of confinement was a reference —
i
in a case to which paragraph (1) applies, to the period of 8 weeks ending with the last day in respect of which she was paid in accordance with her contract of service with her employer, or
ii
in a case to which paragraph (2) relates, to the period of 8 weeks immediately preceding the week in which her confinement occurred;
b
subsection (4) has effect as if the words “or would but for her dismissal or confinement have been” were inserted after the words “expected week of confinement has been”; and
c
subsection (5) has effect as if there were added at the end of the subsection the words —
and for the purpose of this subsection —
a
a contract of service which ended before the end of the week immediately preceding the 14th week before the expected week of confinement shall be deemed to have continued until the end of that week; and
b
in any week which falls —
i
after the week preceding the week in which her employment ended or confinement occurred, but
ii
before the 14th week before the expected week of confinement,
the woman shall be deemed to have been employed under her contract of service for the same number of hours weekly as that which her contract involved in the week preceding the week in which her employment ended or her confinement occurred.
Effect of statutory maternity pay on invalidity benefit
3
Immediately after regulation 21 of the principal regulations, there shall be inserted the following regulation:
Effect of statutory maternity pay on invalidity benefit
21A
1
For the purpose of determining a woman’s entitlement to invalidity pension under section 15 of the 1975 Act or under section 15 of the Social Security Pensions Act 1975 , a day which falls within the maternity pay period shall, notwithstanding paragraph 11 of Schedule 4 to the 1986 Act, be treated as a day of incapacity for work where —
a
on that day she was incapable of work by reason of some specific disease or bodily or mental disablement, work for this purpose being work which the woman can reasonably be expected to do; and
b
that day is not treated under section 17(2) of the 1975 Act as a day which is not a day of incapacity for work; and
c
that day and the day immediately preceding the first day of the maternity pay period both fall within the same spell of incapacity for work, and for this purpose a spell of incapacity for work consists of 4 or more consecutive days of incapacity for work; and
d
the woman was entitled to invalidity pension on the day immediately preceding the first day of the maternity pay period.
2
Where by virtue of paragraph (1) a woman is entitled to invalidity pension for any week (including part of a week), the total amount of invalidity pension (including any increase for a dependant) and invalidity allowance (invalidity benefit) payable to her for that week shall be reduced by an amount equivalent to any statutory maternity pay to which she is entitled in accordance with Part V of the 1986 Act for the same week, and only the balance, if any, of the invalidity benefit shall be payable to her.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
17th March 1988


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 1988 and shall come into force on 11th April 1988.
2
In Part 1 of Schedule 3 to the Education (Mandatory Awards) Regulations 1987 —
a
at the end of paragraph 1(1)(j) there shall be added the words “, any income support under Part II of the Social Security Act 1986 or any transitional addition, personal expenses addition or special transitional addition payable under Part II of the Income Support (Transitional) Regulations 1987 ;”; and
b
at the end of paragraph 1(1)(l) there shall be added the words “or any housing benefit under Part II of the Social Security Act 1986;”.
c
in paragraph 1(1)(r) there shall be substituted for the word “ERAMUS” the word “ERASMUS”.
Kenneth Baker
Secretary of State for Education and Science
10th March 1988


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (Newton on Trent) Water Order 1988 and shall come into force on the 20th May 1988.
2
This Order shall be included amongst the enactments which may be cited together as the Anglian Water Authority Orders 1974 to 1988.
3
In this Order —
“the Authority” means the Anglian Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (Newton on Trent) Water Order 1988”, one duplicate of which is deposited and is available for inspection at the offices of the Authority’s Lincoln Division at Waterside House, Waterside North, Lincoln LN2 5HA and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
1
The Authority may, when they have acquired the necessary land or sufficient rights therein, construct, continue and maintain on or under the land described in Schedule 1 to this Order the following works —
a
on the land described in paragraph 1 of the Schedule, a borehole on the site of the existing pumping station;
b
on the land described in paragraph 2 of the Schedule, a borehole together with a pumping station;
c
on the land described in paragraph 3 of the Schedule, a borehole;
d
(in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of the said boreholes.
2
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
3
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modification set out in column (2) thereof.
Signed by authority of the Secretary of State
Dinah Nichols
An Under Secretary in the
Department of the Environment
19th May 1988


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 and shall come into force on 1st January 1989.
2
In these Regulations:
“employer” means the person for the time being employing the master;
“fishing vessel” means a vessel for the time being employed in fishing but does not include a vessel used otherwise than for profit;
“master” includes any person in charge of a ship during the absence of the master but excludes a watchman;
“offshore installation” means any offshore installation within the meaning of section 1(4) of the Mineral Workings (Offshore Installations) Act 1971( );
“pleasure craft” means a vessel primarily used for sport or recreation.
3
For the purposes of these Regulations, machinery is securely guarded if it is protected by a properly installed guard or device of a design and construction which prevents foreseeable contact between any person or anything worn or held by any person and any dangerous part of the machinery.
Application
2
1
Subject to paragraph (2) of this regulation,
a
these Regulations except regulation 8 apply to United Kingdom ships; and
b
regulations 1, 2, 8 and 9 apply to ships other than United Kingdom ships when they are in a United Kingdom port.
2
These Regulations do not apply to: —
a
fishing vessels,
b
pleasure craft,
c
offshore installations whilst on or within 500 metres of their working stations, or
d
ships in which there is for the time being no master or crew or watchman.
3
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Guarding of Machinery
3
1
Subject to paragraph (2) of this regulation, the employer and the master shall ensure that every dangerous part of the ship’s machinery is securely guarded unless that part is of such construction or is so positioned or is otherwise safeguarded so as to be as safe to anyone on board as if it were securely guarded.
2
It shall be a defence for any person charged in respect of a contravention of paragraph (1) of this regulation to show that it was necessary for the dangerous part of machinery to be in motion whilst it was not securely guarded to ensure the safety of the ship or for the purposes of an examination and any adjustment, lubrication or test shown by that examination to be immediately required provided that: —
a
exposure of the dangerous part was the minimum that was necessary;
b
exposure was authorised by a responsible ship’s officer or other responsible person;
c
examination was carried out only by a competent person;
d
any person who was required to be close to the machinery had, so far as was reasonably practicable, an area which was of adequate size, properly illuminated and clear of obstructions and loose material in which to work;
e
any person operating or close to the machinery had been instructed as necessary in the safe systems of work for that machinery and in the dangers arising from and the precautions to be observed while the machinery was operating; and
f
a conspicuous notice warning of the danger was exhibited on or close to the machinery.
3
The employer and the master shall ensure that all guards and other devices provided in pursuance of these regulations are of substantial construction and properly maintained and, subject to paragraph (2) above, kept in position whilst the parts to be guarded are in motion.
4
The employer and master shall ensure that there is a means for taking prompt action to stop any machinery and for cutting off the power in the event of an emergency.
Electrical Equipment
4
The employer and the master shall ensure that all ship’s electrical equipment and installations are so constructed, installed, operated and maintained that the ship and all persons are protected against electrical hazards.
Penalties
5
1
Contravention of regulation 3(1), (3), (4) or 4 by an employer shall be an offence punishable on summary conviction by a fine not exceeding £2,000 or on conviction on indictment by imprisonment for a term not exceeding two years or a fine or both.
2
Contravention of regulation 3(1), (3), (4) or 4 by a master shall be an offence punishable only on summary conviction by a fine not exceeding £1,000.
3
It shall be a defence for a person charged under these Regulations, including a person charged by virtue of regulation 6, to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
6
Where an offence under any of these Regulations is committed, or would have been committed except for the operation of regulation 5(3), by any person 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.
Inspection and detention of a United Kingdom ship
7
Any person duly authorised by the Secretary of State may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations he may detain the ship until the health and safety of all employees and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection detention and other measures in respect of ships registered outside the United Kingdom
8
1
Any person duly authorised by the Secretary of State may inspect any ship other than a United Kingdom ship when the ship is in a United Kingdom port and if he is satisfied that the ship does not conform to the standards of health and safety required of United Kingdom ships by these Regulations he may:
a
send a report to the government of the country in which the ship is registered, and a copy thereof to the Director-General of the International Labour Office; and
b
where conditions on board are clearly hazardous to safety or health:
i
take such measures as are necessary to rectify those conditions;
ii
detain the ship:
Provided that the measures specified in sub-paragraphs (a) and (b) may be taken only when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
2
If he takes either of the measures specified in paragraph (1)(b) above the person duly authorised shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
3
The person duly authorised shall not in the exercise of his powers under this Regulation unreasonably detain or delay the ship.
Compensation and Enforcement of Detention
9
Section 460(1) and section 692(1) to (3) and (5) of the Merchant Shipping Act 1894( ) (which relate respectively to liability for costs and compensation for detention of a ship and enforcing the detention of a ship) shall have effect in relation to a ship detained under these Regulations subject to the following modifications: —
a
in section 460(1) the following words shall be omitted: —
“by reason of the condition of the ship or the act or default of the owner”
“provisional”
“as an unsafe ship”
“and survey”
“or survey”; and
b
for the words “this Part of this Act” in section 460(1) and “this Act” wherever they appear in section 692(1) to (3), there shall be substituted “the Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988”.
Signed by authority of the Secretary of State.
Michael Portillo
Minister of State,
Department of Transport
21st September 1988


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (No. 2) Order 1988 and shall come into force on 30th December 1988.
Extension of definition of “disease”
2
For the purposes of the Act the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with the disease;
“animals” means bovine animals, sheep, goats, deer and all other ruminating animals;
“animal protein” means any protein material which is derived from a carcase but does not include milk or any milk product or dicalcium bone phosphate;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“bovine animal” means a bull, cow, steer, heifer or calf;
“carcase”, except in the definition of animal protein, means the carcase of a bovine animal and includes part of a carcase, and the meat, blood, bones, hair, hide, horn, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof and the intestinal contents of a bovine animal; and in the definition of animal protein “carcase” means the carcase of an animal and includes part of a carcase, and the meat, blood, bones, hair, wool, hide, skin, horn, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;
“the disease” means bovine spongiform encephalopathy;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector;
“market” means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“premises” includes land;
“research establishment” means an establishment carrying out research into the disease;
“suspected animal” means a bovine animal which is suspected of being affected with the disease;
“slaughterhouse” means —
in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouse Act 1974 , and
in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ;
“veterinary inspector” means a veterinary inspector appointed by the Minister;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
2
Any reference in this Order to a lettered form is a reference to the form bearing that letter in the Schedule to this Order.
Notification of disease in bovine animals
4
1
A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Officer.
2
A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.
Application of section 32 of the Act to the disease and notice of intended slaughter
5
1
Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.
2
Where the Minister proposes to cause an affected or a suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.
Veterinary enquiry as to existence of disease and requirements as respects affected or suspected animals
6
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that supposition.
2
For the purposes of such an enquiry a veterinary inspector may —
a
examine any bovine animal or carcase on the premises;
b
make such tests and take such samples from any bovine animal or carcase on the premises as he may consider necessary for the purpose of diagnosis;
c
mark for identification purposes any bovine animal or carcase on the premises.
3
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an inspector of the Minister or by an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact, and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
4
If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal on the premises he shall serve a notice in Form A on the owner or person in charge of that animal.
5
a
Subject to sub-paragraph (b) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal before or on the day on which the notice in Form A was due to expire; and any notice in Form A which has been so renewed may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period.
b
A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal to which the notice in Form A relates.
6
On the service of a notice in Form A the requirements contained in that notice shall have effect.
Restrictions on movement of other bovine animals
7
1
If a veterinary inspector has reasonable grounds for supposing that the movement of any bovine animal, other than an affected or a suspected animal, from any premises may give rise to the risk of the spread of the disease he may, by notice in writing served on the owner or person in charge of the animal, prohibit the movement of the animal off the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
2
A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the animal to which that notice relates.
Prohibition of sale, supply and use of certain feedingstuffs for feeding to ruminating animals
8
1
No person shall knowingly sell or supply for feeding to animals any feedingstuff in which he knows or has reason to suspect any animal protein has been incorporated.
2
Subject to paragraph (3) below, no person shall feed to an animal any feedingstuff in which he knows or has reason to suspect that any animal protein has been incorporated.
3
The prohibition in paragraph (2) above shall not apply to the feeding of a feedingstuff to an animal for research purposes under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued.
4
This article shall cease to have effect on 1st January 1990.
Prohibition of sale, supply and use of milk from affected or suspected animals
9
1
No person shall knowingly —
a
sell or supply for human consumption or for feeding to an animal; or
b
use in the manufacture of any product for sale or supply for human consumption or for feeding to an animal,
any milk which he knows or has reason to suspect has been produced by an affected or a suspected animal.
2
Subject to paragraph (3) below, no person shall feed to an animal any milk which he knows or has reason to suspect has been produced by an affected or a suspected animal.
3
The prohibition in paragraph (2) above shall not apply —
a
to the feeding to its own calf of any milk produced by a cow; or
b
to the feeding of any milk to an animal, in a research establishment under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued.
4
In this article “animal” means any kind of mammal, except man, and any kind of four-footed beast which is not a mammal and any bird.
Cleansing and disinfection
10
1
A veterinary inspector may serve on the occupier of any premises on which there is or has within 56 days been an affected or a suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense, and in such a manner and within such period as may be specified in the notice, —
a
all or any part of the premises;
b
any equipment, appliance, utensil or other thing used in connection with any such animal or carcase.
2
If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable by the appropriate Minister or, as the case may be, by the local authority as a civil debt from the person in default.
Sampling
11
Where an inspector of the Minister has reasonable grounds for supposing that the provisions of article 8 of this Order have not been or are not being complied with he may take from any feedingstuff such samples as he considers necessary in order to establish the correctness of that supposition.
Production of licences
12
Where an animal or carcase is being moved under the authority of a licence issued under this Order the person in charge of the animal or carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Offences
13
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any bovine animal or carcase under article 6(2)(c) of this Order;
b
contravenes any provision of this Order or any provision of a licence issued, or of a notice served, under this Order;
c
fails to comply with any such provision or with any condition of such a licence or notice; or
d
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce Order
14
The provision of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
Revocation
15
The Bovine Spongiform Encephalopathy Order 1988 , the Bovine Spongiform Encephalopathy (Amendment) Order 1988 and article 4 of the Zoonoses Order 1988 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1988.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
22nd December 1988
Peter Walker
Secretary of State for Wales
27th December 1988


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1985 (Severn-Trent Water Authority Regional Land Drainage Committee) (Revocation) Order 1988 and shall come into force on 1st April 1988.
Revocation of previous Order
2
The Local Government Act 1985 (Severn-Trent Water Authority Regional Land Drainage Committee) Order 1986 is hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd March 1988.
John MacGregor
Minister of Agriculture, Fisheries and Food.


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 2) Regulations 1988 and shall come into force on 1st January 1989.
2
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with the following provisions.
3
For the heading to Part II there shall be substituted —
REGISTRATION, ENTITLEMENT TO BE REGISTERED AND PROVISIONS FOR SPECIAL CASES
.
4
In regulation 4 —
a
in paragraph (1) there shall be deleted the words “or who requests to be registered under paragraph 5, 11(1)(b) or 11A of the said Schedule” ;
b
in paragraph (3) for the reference to “paragraph 7, 9 or 10 of Schedule 1” there shall be substituted a reference to “paragraph 7, 7A, 8A, 9 or 10 of Schedule 1” ;
c
for paragraph (4), there shall be substituted —
4
Every notification by a registered person under paragraph 7 or 7A of Schedule 1 to the Act shall be made in writing to the Commissioners and shall state:
a
the date on which he ceased to make or have the intention of making taxable supplies; or
b
where paragraph 7A(b) of Schedule 1 to the Act applies, the date on which he made, or formed the intention of making, taxable supplies.
;
d
in paragraph (5)(c) there shall be deleted the words “or treat him as liable to be registered under paragraph 11(1)(b) of that Schedule”; and
e
in paragraph (6) there shall be deleted the words “, or a request under paragraph 9 of Schedule 1 to the Act” .
5
Regulation 8 is revoked.
6
In regulation 46 —
a
at the end of paragraph (c) there shall be deleted the word “and”;
b
at the end of paragraph (d) there shall be deleted the words “continental shelf.” and there shall be substituted —
continental shelf; and
; and
c
after paragraph (d) there shall be added —
e
if the goods were supplied in or imported into the United Kingdom before their export, any tax chargeable on that supply or importation was paid and neither has been, nor will be, refunded.
.
7
In regulation 58 —
a
for paragraph (4)(b) there shall be substituted —
b
ceases to be entitled to be registered under paragraph 5 or 5A of Schedule 1 to the Act,
; and
b
paragraph (4)(c) is revoked.
8
In the Schedule, for the forms numbered 1, 3, 4 and 5 there shall be substituted respectively the forms numbered 1, 3, 4 and 5 in the Schedule to these Regulations.
P. G. Wilmott
Commissioner of Customs & Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
2nd December 1988


text:
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1988 and shall come into force on 1st March 1988.
2
In these Regulations“the principal Regulations ” means the Wireless Telegraphy (Licence Charges) Regulations 1986 .
3
For Part I of the Schedule to the principal Regulations there shall be substituted the table entitled“Part I of the Schedule” in the Schedule to these Regulations.
4
In regulation 1 of the principal Regulations the definition of“base station” shall be amended to read““base or fixed station” means a station for wireless telegraphy installed at a fixed location”.
5
In regulation 2 of the principal Regulations,
a
the words“or which relates to the frequencies appearing in the second column of Part I of the Schedule whose use is permitted by such licence,” shall be deleted; and
b
for the word“third” in paragraph ( a ) there shall be substituted the word“second”; and
c
for the word“fourth” in paragraph ( b ) there shall be substituted the word“third”; and
d
paragraph ( c ) shall be deleted.
6
In regulation 3 of the principal Regulations,
a
for the word“sixth” in paragraph (1) there shall be substituted the word “fifth”; and
b
for the word “fifth” in paragraph (2) there shall be substituted the word “fourth”.
7
Regulation 4 of the principal Regulations shall have effect subject to the following amendments that is to say —
1
Paragraph 1 shall be deleted and replaced with the following: —
1
In computing the variable sums prescribed in the third column ofPart I of the Schedule on the issue or renewal of any Regulation Licence: —
a
the number of mobile stations shall be the number of such stations comprised in such licence;
b
the word“group”, where it appears in relation to any Private Mobile Radio Licence, means one or more but not more than 20 mobile stations;
c
the word“channel” means those frequencies designated for use by the licensee of a Regulation Licence with a bandwidth of emission designated in connection with such use for the transmission or reception of wireless telegraphy in accordance with the terms of such licence;
d
the words“national channel” mean a channel designated for the exclusive use by the licensee of a Regulation Licence by such of the stations the subject of such licence as are situated in Great Britain and the Isle of Man;
e
the word“link” means a connection by wireless telegraphy between any two stations using a frequency designated for that purpose in such licence;
“narrow-band” link means a link where the bandwidth of the emission designated in connection with its use for a given class of emission under such licence does not occupy more than 50 kHz necessary bandwidth;
“medium-band” link means a link where the bandwidth of the emission designated in connection with its use for a given class of emission under such licence occupies more than 50 kHz but less than 3.5 MHz necessary bandwidth;
“wide-band” link means a link where the bandwidth of the emission designated in connection with its use for a given class of emission under such licence occupies more than 3.5 MHz necessary bandwidth.
2
Sub-paragraphs 3( a ) and ( b ) shall be deleted and replaced with the following: —
3
a
The sum referred to at the third column of Part I of the Schedule in respect of the issue of either —
i
a Band III Private Mobile Radio National Trunked Service Licence; or
ii
a Band III Private Mobile Radio Trunked Service Licence; or
iii
a National Public Radiotelephone Service Licence
shall be payable only in respect of such licences which are issued after the date on which these Regulations come into force.
b
The sums referred to at the third column of Part I of the Schedule in respect of the renewal of any such licence named at sub-paragraph (3)(a) above shall be payable on the respective anniversaries of the date of issue of each such licence as specified in the said column. On each succeeding unspecified anniversary the sum to be paid shall be:
i
£500,000 in respect of a Band III Private Mobile Radio National Trunked Service Licence;
ii
£1000 for each channel in respect of a Band III Private Mobile Radio Trunked Service Licence;
iii
£5000 for each national channel in respect of a National Public Radio- telephone Service Licence.
John Butcher
Parliamentary Under Secretary of State,
Department of Trade and Industry
23rd January 1988
We consent to these Regulations.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
28th January 1988