text:
1
This Order shall come into force on 29th June 1989 and may be cited as the Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1989.
2
The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended by adding in article 3 (which names the Canadian courts, including the courts of Provinces, which are to be recognised courts for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933) after “New Brunswick”, the words “, the Northwest Territories”.
G. I. de Deney
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1989 and shall come into force on 30th October 1989.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulations 3 and 4 shall apply as from 30 October 1989 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 51 (sideguards)
3
At the end of regulation 51, there shall be added the following paragraph —
9
Instead of complying with the foregoing provisions of this regulation a vehicle may comply with Community Directive 89/297 .
.
Amendments to Schedule 2
4
In Table I in Schedule 2, after item 52 there shall be added the following item –
53 89/297 13.4.89 L124, 5.5.89,p.1. Lateral protection (side guards) of certain motor vehicles and their trailers
.
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
14th September 1989


text:
Commencement and interpretation
1
These Rules may be cited as the Merchant Shipping (Section 52 Inquiries) Rules (Amendment) Rules 1989 and shall come into force on 20th February 1989.
2
The Merchant Shipping (Section 52 Inquiries) Rules 1982 shall be amended by omitting rule 5(2).
Signed by the authority of the Secretary of State
Michael Portillo
Minister of State,
Department of Transport
20th January 1989


text:
Citation and commencement
1
This Order may be cited as the Water (Local Statutory Provisions) (Consequential Amendments) Order 1989 and shall come into force on 1st September 1989.
Interpretation
2
1
In this Order–
“ the Act ” means the Water Act 1989;
“relevant instrument” means any other order or any regulations or scheme made (whether before or after this Order) under the Act which amends any local statutory provision and which comes into force on or before the transfer date or, where the instrument is made after that date, contains any provision which is treated as if it came into force on that date.
2
The provisions of this Order are subject to any contrary provision made by any relevant instrument.
General translation of references to water authorities
3
1
Subject to articles 4 and 5, where any local statutory provisions have effect immediately before the transfer date in relation to the whole or any part of any water authority area for purposes connected with functions corresponding to functions which, by virtue of Part II of the Act, are vested in a water undertaker or sewerage undertaker, or in relation to property, rights or liabilities to which such an undertaker becomes entitled or subject in accordance with a scheme under Schedule 2 to the Act–
a
any reference in those provisions to the water authority for that area or to any other body which, by virtue of any enactment, is to be treated as a reference to that authority, shall have effect, so far as may be necessary for the purposes of, or in connection with, the vesting of those functions, or the transfer of the property, rights or liabilities, as if it were a reference to the water undertaker for so much of that area as is not the subject of an appointment under section 11(4)(a) of the Act (appointment of statutory water companies as water undertakers) or, as the case may be, to the sewerage undertaker for that area; and
b
everything done by or in relation to that water authority, or treated as done by or in relation to that authority, under any such provision shall have effect, so far as may be so necessary, as if it had been done by or in relation to that undertaker.
2
Subject to articles 4 and 5, where any local statutory provisions have effect as mentioned in paragraph (1) for purposes connected with functions assigned or transferred to the National Rivers Authority under the Act, or in relation to property, rights or liabilities to which the Authority becomes entitled or subject in accordance with a scheme under Schedule 2 to the Act–
a
any reference in those provisions to a water authority or to any other body which, by virtue of any enactment, is to be treated as a reference to such an authority, shall have effect, so far as may be necessary for the purposes of, or in connection with, those functions, or the transfer of the property, rights or liabilities, as if it were a reference to the Authority; and
b
everything done by or in relation to that water authority, or treated as done by or in relation to that authority, under any such provision shall have effect, so far as may be so necessary, as if it had been done by or in relation to the Authority.
Amendment of the Norfolk and Suffolk Broads Act 1988
4
The Norfolk and Suffolk Broads Act 1988 is amended–
a
in section 1(3)(b), by the substitution for the words “the Anglian Water Authority” of the words “the National Rivers Authority”;
b
by the substitution in the definition of “statutory undertaker” in section 25 for the words “and (c)” of the words–
c
any water undertaker or sewerage undertaker whose area includes any part of the Broads; and
d
;
c
by the substitution for head (d) of paragraph 33(1) of Schedule 3 of the following head–
d
The National Rivers Authority;
;
d
by the substitution for paragraph 34(2) of Schedule 3 of the following sub-paragraph–
2
Before any exercise of its powers under sub-paragraph (1) above, the Authority shall consult–
a
the National Rivers Authority; and
b
any water undertaker whose area includes any part of the Broads and with whom consultation appears to it to be appropriate.
;
e
in paragraph 35 of Schedule 3, by the substitution for the words “the Anglian Water Authority or (as the case may be) the East Anglian Water Company” of the words “the National Rivers Authority or a water undertaker”;
f
by the substitution for paragraph 36 of Schedule 3 of the following paragraph–
36
The Authority shall be treated as a local authority for the purposes of paragraph 1(3)(c) of Schedule 12 to the Water Act 1989 (right of local authority to receive copy of application to the National Rivers Authority for consent to discharge effluent etc. ).
; and
g
in paragraphs 10(8) and 13(7) of Schedule 5, by the substitution for the words “the Anglian Water Authority” of the words “the National Rivers Authority”.
Amendment of the Clywedog Reservoir Joint Authority Act 1963
5
1
Section 46(2) of the Clywedog Reservoir Joint Authority Act 1963 shall have effect on and after the transfer date as if the reference to the Severn-Trent Water Authority were–
a
in relation to paragraph (a) of that subsection, a reference to the successor company to that Authority; and
b
in relation to paragraph (b) of that subsection, a reference to the National Rivers Authority.
2
References in section 47 of that Act to the Severn-Trent Water Authority shall be construed in relation to any such failure as is mentioned in subsection (1)(b) of that section which occurs on or after the transfer date as a reference to the company referred to in paragraph (1)(a) above or the National Rivers Authority, as appropriate.
Signed by authority of the Secretary of State
Colin Moynihan
Parliamentary Under Secretary of State,
Department of the Environment
2nd August 1989
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
3rd August 1989


text:
Citation and commencement
1
This Order may be cited as the Erskine Bridge Tolls Order 1989 and shall come into force on 1st August 1989.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the following meanings: —
“ the Act ” means the Erskine Bridge Tolls Act 1968;
“the 1981 Order ” means the Erskine Bridge Tolls Order 1981 ;
“the specified roads” has the meaning given in section 1(3) of the Act;
“Class I”, “Class II ”, and “Class IV ” have the meanings respectively given in Schedule 3 to the Roads (Scotland) Act 1984 .
Vehicles in respect of which tolls are to be levied
3
Subject to article 6 of this Order, every vehicle of Class I, Class II or Class IV using any part of the specified roads shall be a vehicle in respect of which a toll is to be levied under the Act.
Amount of toll
4
The toll to be levied for each occasion on which any vehicle described in article 3 hereof uses any part of the specified roads shall be 40p.
Compounding in advance for payment of tolls
5
1
Any person may compound in advance for payment of tolls to be levied under the Act.
2
The Secretary of State shall issue books consisting of 50 prepaid vouchers in respect of such compounding for payment.
Vehicles exempt from payment of tolls
6
Any vehicle of any of the descriptions specified in the Schedule, which would otherwise be a vehicle in respect of which a toll is to be levied as set out in article 3 above, shall be exempted from the payment of toll.
Revocation
7
The 1981 Order is hereby revoked.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
7th June 1989


text:
Citation, commencement, revocations and transitional provisions
1
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 and shall come into force on 1st April 1989.
2
The Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1988 are hereby revoked except in relation to work done before 1st April 1989.
3
Where a review under regulation 7 relates to a claim made before 1st June 1989, regulation 8(1) and (2) shall not apply and the solicitor may appeal in writing within 21 days of receipt of notification of the decision on the review to a committee appointed by the Board.
Interpretation
2
1
In these Regulations, unless the context otherwise requires,–
“the 1988 Act ” means the Legal Aid Act 1988;
“advice” and“assistance” mean respectively advice and assistance under the 1988 Act;
“appropriate area committee” means the area committee in whose area is situated the police station or other premises at which a solicitor has given advice or assistance in accordance with arrangements made by the Board under regulation 6 of the Legal Advice and Assistance Regulations 1989 ;
“area committee” has the meaning assigned to it by regulation 4 of the Civil Legal Aid (General) Regulations 1989 ;
“duty period” means any period of 24 hours during which a duty solicitor holds himself available to give advice and assistance in accordance with a duty solicitor scheme;
“duty solicitor” means any solicitor, and any representative of a solicitor, who provides advice and assistance in accordance with a duty solicitor scheme;
“duty solicitor scheme” means any arrangements made by the Board under regulation 6 of the Legal Advice and Assistance Regulations 1989 ;
“own solicitor” means a solicitor who gives advice and assistance to a person arrested and held in custody or to a volunteer otherwise than as a duty solicitor;
“serious service offence” means an offence under any of the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 which cannot be dealt with summarily or which appears to an interviewing service policeman to be serious;
“unsocial hours” means between the hours of 5.30 pm and 9.30 am on any weekday and any time on a Saturday, Sunday or bank holiday;
“volunteer” means a person who, for the purpose of assisting with an investigation, attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested.
General
3
1
Remuneration shall be determined by the Board in accordance with these Regulations.
2
The Board shall appoint or authorise the appointment of determining officers to act on its behalf under these Regulations in accordance with directions given by it or on its behalf.
Claims for remuneration
4
1
A claim for remuneration by a duty solicitor or an own solicitor shall be submitted to the determining officer in such form and manner as the Board may direct and any such claim shall be submitted within 3 months of the duty period or of the day on which the advice and assistance was given.
2
The solicitor shall supply such further particulars, information and documents as the determining officer may require.
3
The time limit within which the claim must be submitted may, for good reason, be extended by the determining officer.
Determination of remuneration
5
1
The determining officer may allow work done in the following classes:
a
availability during duty period;
b
advice and assistance given to a person arrested and held in custody or being interviewed in connection with a serious service offence or to a volunteer;
c
travelling and waiting;
d
advising and assisting over the telephone;
e
routine telephone calls.
2
The determining officer shall consider the claim, any further particulars, information or documents submitted by the solicitor under regulation 4 and any other relevant information, and allow:
a
such work as appears to him to have been actually and reasonably done by a duty solicitor or an own solicitor, classifying it according to the classes specified in paragraph (1); and
b
such time in respect of each class of work allowed by him (other than advising over the telephone and dealing with routine telephone calls) as he considers reasonable.
3
Subject to paragraph (5), the determining officer shall allow fees for the work allowed by him under this regulation in accordance with the Schedule.
4
Subject to paragraph (5), the determining officer may allow a reasonable sum in respect of:
a
hotel expenses actually and reasonably incurred by a duty solicitor where attendance in accordance with a rota is allowed under paragraph (1)(a);
b
travelling expenses actually and reasonably incurred by a duty solicitor or an own solicitor where travelling and waiting is allowed under paragraph (1)(c);
c
any disbursement actually and reasonably incurred by a duty solicitor or an own solicitor.
5
Subject to paragraph (6) the fees allowed under the Schedule, except any fee allowed in respect of work done under paragraph (1)(a), together with any expenses allowed under paragraph (4)(b) and (c), shall not exceed the limit prescribed by regulation 4(1)(a) of the Legal Advice and Assistance Regulations 1989 .
6
Paragraph (5) shall not apply to fees for advice or assistance which the determining officer is satisfied was required in the interests of justice be given as a matter of urgency.
Payment of remuneration
6
1
The determining officer shall authorise payment to the duty solicitor or an own solicitor in the amounts determined (whether by him or on review or appeal) in accordance with these Regulations.
2
Where the costs payable under paragraph (1) are varied as a result of any review or appeal in accordance with these Regulations, then–
a
where the costs are increased, the determining officer shall authorise payment of the increase;
b
where the costs are decreased the solicitor shall repay the amount of such decrease.
Review of determination
7
1
If a solicitor is dissatisfied with the determination of a determining officer under these Regulations, the solicitor may within 21 days of receipt of notification of the costs payable under regulation 6(1) apply to the appropriate area committee to review that determination.
2
On an application under paragraph (1), the appropriate area committee shall review the determination of the determining officer whether by confirming, increasing or decreasing the amount of his determination.
Appeal to committee appointed by the Board
8
1
A solicitor who is dissatisfied with the decision of an area committee on a review under regulation 7 may within 21 days of receipt of notification of the decision apply to that committee to certify a point of principle of general importance.
2
Where an area committee certifies a point of principle of general importance, the solicitor may within 21 days of receipt of notification of that certification appeal in writing against the decision of the area committee to a committee appointed by the Board.
3
On an appeal under this regulation the committee appointed by the Board may reverse, affirm or amend the decision of the area committee.
Mackay of Clashfern, C.
Dated 1st March 1989
Kenneth Carlisle
Alan Howard
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 3rd March 1989


text:
1
These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1989 and shall come into force on 19th May 1989.
2
For regulation 51(1)(b) of the Community Charges (Administration and Enforcement) Regulations 1989 there is substituted–
b
in supplying information in purported compliance with that regulation he makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular.
.
Nicholas Ridley
Secretary of State for the Environment
20th April 1989
Peter Walker
Secretary of State for Wales
24th April 1989


text:
Citation and commencement
1
This Order may be cited as the Macduff (Pilotage Powers) Order 1989, and shall come into force on 1st November 1989.
Interpretation
2
In this Order “the Council” means the Grampian Regional Council and “the harbour of Macduff” means the Macduff Harbour Area as defined in Schedule 1 of the Grampian Regional Council (Harbours) Order 1987 confirmed by the Grampian Regional Council (Harbours) Order Confirmation Act 1987 .
Application of Pilotage Act 1987
3
The Council shall be a competent harbour authority in respect of the harbour of Macduff for the purposes of the Pilotage Act 1987.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
2nd October 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule hereto shall become trunk road as from the date on which this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order–“the deposited plan” means the plan numbered HA10/2E/305 marked“The Trunk Road (Lakeside Link Road) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
4
This Order shall come into force on 28th April 1989 and may be cited as the A13 Trunk Road (Lakeside Link Road) Order 1989.
Signed by authority of the Secretary of State
A. Whitfield
An Under Secretary in
Department of Transport
10th April 1989


text:
1
These regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1989 and shall come into force on 30th April 1989.
2
The Measuring Instruments (EEC Requirements) (Fees) Regulations 1988 are hereby amended as follows–
a
in regulation 3(2), for “£24.20” there shall be substituted “£26.20”, and the words from “except that” to the end shall be omitted;
b
in paragraph (a) of Schedule 2, for “£41.20” there shall be substituted “£44.60”; and
c
in paragraph 1(1)(a) of Schedule 3, for “£34.40”, “£28.00” and “£10.40” there shall be substituted respectively “£37.20”, “£30.20” and “£11.20”.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
30th March 1989
We consent,
Alan Howarth
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
5th April 1989


text:
1
This Order may be cited as the Income Tax (Interest Relief) (Qualifying Lenders) (No. 2) Order 1989.
2
The bodies named in article 3 below are prescribed for the purposes of section 376 of the Income and Corporation Taxes Act 1988 and shall become qualifying lenders with effect from the dates and in respect of the loans specified in the following paragraphs–
a
with effect from the thirtieth day after the making of this Order, in relation to new loans (that is loans which are made on or after that day);
b
with effect from the making of this Order, in relation to transferred loans (that is loans transferred from another qualifying lender on or after the making of this Order the interest on which is at the time of transfer relevant loan interest payable by a qualifying borrower);
c
with effect from the 6th April 1990, in relation to other loans made by the body concerned before the thirtieth day after the making of this Order.
3
The following are the bodies referred to in article 2 above–
Albion Home Loans Limited
Bradford & Bingley Homeloans Limited
Bradford & Bingley Homeloans Management Limited
Bradford & Bingley Mortgages Limited
Bradford & Bingley Mortgage Management Limited
Cardmead Limited
Central Mortgage Finance Limited
First Mortgage Securities (NO. 17) Limited
First Mortgage Securities (NO. 18) Limited
First Mortgage Securities (NO. 19) Limited
First Mortgage Securities (NO. 20) Limited
First Nationwide Limited
Gracechurch Mortgage Finance (NO. 3) Limited
Grainsway Limited
Granamore Limited
Gunnton Limited
Halifax Loans (NO. 2) Limited
Halifax Loans (NO. 3) Limited
Halifax Loans (NO. 4) Limited
Household Finance Limited
Kleinwort Benson Investment Management Limited
Leeds and Holbeck Mortgage Corporation Limited
Maes Funding NO. 3 Limited
Maes Funding NO. 4 Limited
Maes Funding NO. 5 Limited
Maes Funding NO. 6 Limited
Maes Funding NO. 7 Limited
Maes Private Funding NO. 2 Limited
Maxpine Finance Limited
McPhoy Finance (Eurowest) Limited
Mortgage Asset Management Limited
Mortgage Services Limited
Mortgages Scotland plc
Nationwide Financial Service Limited
Nationwide Home Loans Limited
Nationwide Insurance Service Limited
Nationwide Mortgage Corporation Limited
Nationwide Property Services (NBS) Limited
North West Investment Company Limited
Nurange Limited
Nykredit
Orbit Housing Association
Orion Royal Bank Limited
Peaktons Limited
Post Office Finance Limited
Rinton Limited
Rucome Limited
Saw Mortgage Company Limited
Secondary Marketing Investment Conduit Limited
Temple Court Originations Limited
Temple Court Mortgages (No. 1) Limited
Temple Court Mortgages (No. 2) Limited
Temple Court Mortgages (No. 3) Limited
The Housing Finance Corporation Limited
Universal Credit Limited
Wernton Limited
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 1989


text:
1
This Order may be cited as the Excise Duties (Personal Reliefs) (Fuel and Lubricants Imported in Vehicles) Order 1989 and shall come into force on 13th November 1989.
2
In this Order–
“private vehicle” means any road vehicle other than one which–
by its type of construction and equipment, is designed for and capable of transporting goods or more than 9 persons, including the driver; or
is for a special purpose other than transport;
“standard fuel tank” means–
the tank, permanently fitted by the manufacturer to a vehicle and to all vehicles of that type, supplying fuel directly for propulsion and, where appropriate, refrigeration; and
a gas tank fitted to a vehicle designed for the direct use of gas as a fuel;
“vehicle” means any motor vehicle.
3
A person entering the United Kingdom shall not be required to pay any excise duty chargeable on the importation of fuel and lubricants contained in a vehicle imported by and with him on condition that–
a
the fuel is contained in the standard fuel tank of the vehicle; and
b
the fuel and lubricants are used only in the vehicle and are not removed from the vehicle except–
i
temporarily, in order to facilitate repair; or
ii
permanently, in order to be destroyed; and
c
the lubricants are of a type and quantity necessary for the normal operation of the vehicle during its journey.
4
A person entering the United Kingdom shall not be required to pay any excise duty chargeable on the importation of fuel contained in a portable tank carried in a private vehicle imported by and with him on condition that–
a
the total quantity of fuel carried in such a tank in the vehicle does not exceed ten litres; and
b
the fuel is used only in the vehicle.
5
The relief granted by this Order is without prejudice to any other relief.
P. G. Wilmott
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
16th October 1989


text:
1
These Regulations may be cited as the Merchant Shipping (Weighing of Goods Vehicles and other Cargo) (Amendment) Regulations 1989 and shall come into force on 31st March 1989.
2
The Merchant Shipping (Weighing of Goods Vehicles and other Cargo) Regulations 1988 shall be amended as follows:
a
the following paragraph shall be added to regulation 2: —
3
A certificate for the purpose of paragraph (1)(iii) shall be a statement in writing of the weight of the qualifying cargo item given by a person who both —
a
attended to the weighing, and
b
held then either such a certificate as is mentioned in section 18(1) of the Weights and Measures Act 1985 which was issued for the purposes thereof or such a certificate as is mentioned in regulation 3(3).
.
b
regulation 4(6) shall be replaced by the following three paragraphs: —
6
The weight of a qualifying cargo item which is a motor vehicle drawing a trailer, whether or not carrying a load, may be taken, if the trailer (with load, if any) has been weighed within the port premises together with some other motor vehicle drawing it, to be the sum of: —
i
the combined weight so measured of the trailer and that other motor vehicle with which it was weighed less the mean operating weight of that other motor vehicle, and
ii
the mean operating weight of the motor vehicle drawing it onto the vessel and intended to remain with it during the voyage;
where the mean operating weight of each motor vehicle has been determined previously and recorded on a certificate which is kept with the vehicle or is retained, in original or photocopy, by the weighing manager.
7
The mean operating weight —
i
of a motor vehicle referred to in paragraphs (4)(b), (5)(b) and (6) above shall be the overall weight of the motor vehicle, without any load but with any loose tools and equipment, one-half of the maximum capacity of fuel, and a reasonable allowance for the driver and
ii
of a motor vehicle and trailer for the purposes of paragraph (5)(b) above shall be the overall weight of the vehicle, in the same condition, together with the unladen weight of the trailer,
and it shall be the responsibility of the person presenting a vehicle or, as the case may be, a vehicle and trailer for weighing for the purpose of establishing the mean operating weight to ensure that the vehicle or, as the case may be, a vehicle and trailer, is weighed in a condition which provides such a weight.
8
A certificate for the purposes of paragraph (4), (5) or (6) above shall be a statement in writing of the weight of the vehicle, the trailer or motor vehicle and trailer, as the case may be, issued
a
if obtained as a result of weighing within the port premises, by a weighing machine operator certified in accordance with regulation 3(3), or in the case of a self-operated machine within the meaning of regulation 3(4), as a result of operation of the machine; or
b
if obtained as a result of weighing outside the port, by a person authorised in accordance with section 18(1) of the Weights and Measures Act 1985 to attend the weighing;
and, except in relation to a determination of weight before 1st April 1990, any such certificate of mean operating weight shall be endorsed by the person who presented the vehicle (or vehicle and trailer) for weighing with a statement, signed by him, that it was weighed in a condition which provided such a weight.
.
c
the following paragraph shall be added to regulation 5: —
5
Where the weight of a qualifying cargo item which is a motor vehicle, a motor vehicle and trailer, or a trailer is determined in accordance with regulation 4(5)(b), (c) or (d), the weighing of the motor vehicle, motor vehicle and trailer or trailer as the case may be for the purpose of those paragraphs may be carried out outside the port premises if the weighing is carried out by a person authorised in accordance with section 18(1) of the Weight and Measures Act 1985 to attend the weighing.
.
d
there shall be inserted as a new regulation 6A the following: —
Enforcement in connection with weighing machines
6A
1
Subject to the production if so requested of his credentials, an inspector of weights and measures may, within the area for which he was appointed inspector, at all reasonable times inspect and test any weighing machine which is, or which he has reasonable cause to believe to be, used for the purposes of regulation 3
2
Subject to the production if so requested of his credentials, an inspector of weights and measures may, within the area for which he was appointed inspector seize and detain documents which the inspector has reason to believe may be required as evidence in proceedings for an offence under regulation 7(3), (5), (7) or (8).
3
No person shall wilfully obstruct an inspector of weights and measures acting in pursuance of these Regulations.
4
No person without reasonable cause shall fail to give to any inspector of weights and measures acting in pursuance of these Regulations any assistance or information which the inspector may reasonably require of him for the purposes of the performance by the inspector of his functions under these Regulations.
;.
e
regulation 7(8) shall be replaced by the following two paragraphs: —
8
It shall be an offence for any person to contravene regulation 6A(3) or (4).
9
Proceedings for any offence under paragraph (3), (5) or (8) of this regulation, shall not be instituted except by or on behalf of a local weights and measures authority.
;
f
in regulation 10 the following shall be added as paragraph (8): —
8
Any person committing an offence under regulation 7(8) shall be liable on summary conviction to a fine not exceeding level five on the standard scale.
;
g
in regulation 12(1)(b)(iii) “Weights and Measures Regulations (Northern Ireland) 1967 ” shall be deleted and replaced by “Weights and Measures (Northern Ireland) Order 1981 ”;
h
the following shall be added as regulation 12(1)(c): —
c
the references in regulations 4(8)(b) and 5(5) to section 18(1) of the Weights and Measures Act 1985 shall be references to article 16(1) of the Weights and Measures(Northern Ireland) Order 1981
;
i
in regulation 12(2), for “7(8)” there shall be substituted “7(9)”.
j
the following entries shall be added to the Schedule:
Port Destination
Burwick Gills Bay Gills Bay Burwick
.
Paul Channon
Secretary of State for Transport
1st March 1989


text:
Citation and commencement
1
These Regulations may be cited as the Companies Act 1985 (Modifications for Statutory Water Companies) Regulations 1989 and shall come into force on 1st September 1989.
Modifications of Part XIII of the Companies Act 1985
2
Where a statutory water company applies to the court under section 425(1) of the Companies Act 1985 (“the 1985 Act ”) with a view to securing an order of the court in respect of a compromise or arrangement in anticipation of provision contained in a memorandum and articles having effect as mentioned in section 101(2)(b) of the Water Act 1989, Part XIII of the 1985 Act shall apply –
a
with the insertion after the words “no effect until” in section 425(3) of the words “the memorandum and articles come into force by virtue of an order made by the Secretary of State under section 101(2)(c) of the Water Act 1989 and”; and
b
as if sections 427 to 430 were omitted.
Colin Moynihan
Signed by authority of the Secretary of State Parliamentary Under Secretary of State,
Department of the Environment
8th August 1989
Ian Grist
Signed by authority of the Secretary of State Parliamentary Under Secretary of State, Welsh Office
8th August 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Government Reorganisation (Pipe Subways) Order 1989 and shall come into force on 1st April 1989.
2
In this Order–
“the 1893 Act ” means the London County Council (Subways) Act 1893 ;
“pipe” and“wire” have the same meaning as in section 2 of the 1893 Act;
“subway” means an arched passage or covered way under the surface of a street which passage or way is adapted for the reception of, and affording convenient access to, pipes and wires therein; and references in the Schedule hereto–
to numbered subways are references to the subways which were known to the Greater London Council by the relevant number and are situated under the street or streets mentioned in relation thereto;
to a part of a numbered subway are references to the part within the area of the authority mentioned in relation thereto in the first column of the Schedule; and
“the transfer date” means 1st April 1989.
Transfer of pipe subways etc.
2
1
On the transfer date there shall vest in each authority mentioned in the Schedule to this Order all interests of the London Residuary Body in the subway or part of a subway so mentioned in relation to that authority.
2
On the transfer date the rights and liabilities of the London Residuary Body in respect of any interest transferred by paragraph (1) shall vest in the authority to whom that interest is so transferred.
Functions in relation to pipe subways
3
1
Without prejudice to any other functions vested in them, an authority may exercise in relation to any interest vested in them by this Order any function that was exercisable immediately before 1st April 1986 by the Greater London Council in relation to that interest.
2
Without prejudice to paragraph (1), the functions exercisable by an authority under that paragraph include those conferred by–
a
the 1893 Act; and
b
section 27 of the London County Council (General Powers) Act 1958 (charges in respect of subways);
and accordingly the said Act and the said section 27 shall have effect as if there were substituted for the definition of“the Council” in section 2 of the Act the following definition–
“the Council” means, as appropriate, any authority in whom a subway or part of a subway is vested by the London Government Reorganisation (Pipe Subways) Order 1989 or the authority in whom the relevant subway or part is vested;
.
3
An authority shall give at least 14 days' notice in writing of their intention to do any work in the discharge of the duty mentioned in section 7 of the 1893 Act to any other authority in whom an interest in an adjoining length of the same subway is vested.
Continuity of byelaws
4
Any byelaws made or having effect as if made by the Greater London Council under section 10 of the 1893 Act and in force immediately before 1st April 1986 in the area of an authority mentioned in the Schedule to this Order shall have effect on and after the transfer date as if made by the authority for the area in question; and references in such byelaws to any council shall, where appropriate, be construed as references to that authority.
Continuity of exercise of functions
5
Anything done by or in relation to, or having effect as if done by or in relation to, the Greater London Council (otherwise than under section 10 of the 1893 Act) in the exercise of or in connection with a function which, by virtue of article 3, becomes the function of another authority shall have effect on and after the transfer date as if done by or in relation to that authority.
Nicholas Ridley
Secretary of State for the Environment
6th March 1989


text:
Title and commencement
1
This Order may be cited as the Renfrew and Cunninghame Districts (Caldwell House Estate) Boundaries Amendment Order 1989, and shall come into force on 1st December 1989.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office marked “The Renfrew and Cunninghame Districts (Caldwell House Estate) Boundaries Amendment Order 1989 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of Cunninghame District, comprising an area of ground at Caldwell House Estate, and being the area described in the Schedule to this Order, and shown delineated and hatched on the boundary map, shall be transferred to Renfrew District.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 91 (Garnock Valley) of Strathclyde Region( ) and of ward 18 (Garnock East) of Cunninghame District( ); and
b
shall form part of electoral division 79 (Barrhead) of Strathclyde Region and of ward 25 (Neilston) of Renfrew District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
1st November 1989


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the British Gas plc (Rateable Values) Order 1989 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“British Gas” means the company registered at the date of this Order by the name of British Gas plc;
“gas hereditaments” means non-domestic hereditaments occupied (or, if unoccupied, owned) by British Gas and required by virtue of Part 3 of the Schedule to the Central Rating Lists Regulations 1989 to be shown in a central non-domestic rating list; and “English gas hereditaments” means such hereditaments so required to be shown in the central rating list for England, and “Welsh gas hereditaments” means such hereditaments so required to be shown in the central rating list for Wales;
“relevant pipe-line” means any pipe-line occupied (or, if unoccupied, owned) by British Gas and having a design operating pressure exceeding 7 bars;
“relevant year” means a year for which a rateable value falls to be determined in accordance with this Order, and “relevant preceding year” means the year preceding a relevant year;
“the standard formula” means the formula
T + U ,
where —
T in relation to English gas hereditaments is £504,300,000 and in relation to Welsh gas hereditaments is £31,700,000, and
U is the recalculation factor determined under Part IV in respect of each class of hereditaments respectively for the relevant year;
“year” means a chargeable financial year.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Disapplication of normal basis of valuation
4
In the case of gas hereditaments, paragraphs 2 to 2B of Schedule 6 to the Act shall not apply, and the rateable values of such hereditaments shall be as specified in, or determined under the rules in, the following provisions of this Order.
PART II
ENGLISH GAS HEREDITAMENTS
Rateable values
5
1
In the year beginning on 1st April 1990 the rateable value of English gas hereditaments shall be £504,300,000.
2
In each subsequent year the rateable value of English gas hereditaments shall be the amount produced by a calculation in respect of that year in accordance with the standard formula.
PART III
WELSH GAS HEREDITAMENTS
Interpretation
6
In this Part —
a
in any formula —
B is the figure applicable in relation to the relevant year for the purposes of paragraph 5(3) of Schedule 7 to the Act;
C is the figure applicable in relation to the relevant year for the purposes of paragraph 5(4) of Schedule 7 to the Act;
I is the figure for the retail prices index for September in the relevant preceding year;
R is the recalculation factor applicable to Welsh gas hereditaments determined under Part IV in respect of the relevant preceding year;
RV is the rateable value of those hereditaments in the relevant preceding year; and
U is the recalculation factor applicable to those hereditaments determined in accordance with Part IV in respect of the relevant year; and
b
“intermediate year” means any year beginning on or after 1st April 1991 and ending no later than the end of the year in which the rateable value of Welsh gas hereditaments first falls by virtue of article 8 or 9 to be determined in accordance with the standard formula.
Rateable value in 1990/1
7
In the year beginning on 1st April 1990 the rateable value of Welsh gas hereditaments is the amount determined in accordance with the formula —
£ 9 , 701 , 277 M
where
M is the non-domestic rating multiplier applicable to those hereditaments in pursuance of paragraph 2 of Schedule 7 to the Act.
Rateable value in 1991/2
8
1
In respect of the year beginning on 1st April 1991, where a calculation in respect of Welsh gas hereditaments in accordance with formula 1, that is to say —
RV * 1.2 ( 1 + ( I - B / C ) + U
produces an amount less than that produced by a calculation in respect of that year in accordance with the standard formula, the rateable value of those hereditaments in that year shall be determined by a calculation in accordance with formula 1.
2
Where the calculation under paragraph (1) in accordance with formula 1 produces an amount equal to or greater than that produced by the calculation under that paragraph in accordance with the standard formula, the rateable value of those hereditaments in the year in respect of which that calculation was made shall be determined in accordance with the standard formula.
Rateable value in 1992/3 and subsequent intermediate years
9
Where —
a
in respect of the year beginning on 1st April 1991 the rateable value of Welsh gas hereditaments has been determined in accordance with article 8(1), and
b
in respect of a subsequent intermediate year a calculation in respect of those hereditaments according to formula 2, that is to say —
( RV - R ) * 1.2 * ( 1 + I - B / U ) + U
produces an amount less than that produced by a calculation in accordance with the standard formula,
the rateable value of those hereditaments in that year shall be the amount calculated in accordance with formula 2; and in any other case it shall be the amount calculated in accordance with the standard formula.
Rateable values in post-intermediate years
10
In respect of any year beginning after an intermediate year, the rateable value of Welsh gas hereditaments shall be the amount produced by a calculation in respect of that year in accordance with the standard formula.
PART IV
ANNUAL RECALCULATION OF RATEABLE VALUES
Recalculation factor
11
The recalculation factor in relation to English gas hereditaments or Welsh gas hereditaments in respect of any relevant year is the amount produced by calculating in accordance with the formula —
T * ( ( y - Y ) / Y )
where —
T has the value attributed for that class of hereditaments by article 2;
Y is the estimated length of relevant pipe-line in the country in question on 31st March 1990; and
y is the estimated length of relevant pipe-line in the country in question on 31st March in the relevant preceding year.
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
1
This Order may be cited as the Insider Dealing (Public Servants) Order 1989 and shall come into force on 1st January 1990.
2
It is hereby declared that the following persons are to be public servants for the purposes of section 2 of the Company Securities (Insider Dealing) Act 1985 —
a
the Governor, Deputy Governor, Directors, employees and individuals acting as employees of the Bank of England, and members of the Board of Banking Supervision;
b
members of the Council, Committee, Appeal Tribunal or Disciplinary Committees or any Disciplinary Committee of Lloyd's, individuals by whom any such body acts, and officers and employees of Lloyd's;
c
members of the Monopolies and Mergers Commission and individuals employed by, or engaged in work for or on behalf of, the Commission or employed by, or engaged in that work for or on behalf of, persons so engaged.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
19th November 1989


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Acts 1978 and 1987 (Continuance) Order 1989 and shall come into force on 22nd March 1989.
2
In this Order —
a
“the temporary provisions of the 1978 Act ” means all the provisions of the Northern Ireland (Emergency Provisions) Act 1978, except sections 5 and 28 to 36, Part III of Schedule 4, Schedules 5 and 6 and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7; and
b
“the temporary provisions of the 1987 Act ” means Parts II and III of the Northern Ireland (Emergency Provisions) Act 1987.
3
The temporary provisions of the 1978 Act except section 12, Schedule 1 andsection 24, and the temporary provisions of the 1987 Act, shall continue in force for a period of twelve months beginning with 22nd March 1989.
Northern Ireland Office
Tom King
One of Her Majesty’s Principal Secretaries of State
16th March 1989


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Water Authority (High Pale) Boreholes Order 1989 and shall come into force on the 31st August 1989.
2
This Order shall be included among the enactments which may be cited together as the Anglian Water Authority Orders 1974 to 1989.
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 of the Department of the Environment and marked “Plan referred to in the Anglian Water Authority (High Pale) Boreholes Order 1989”, one duplicate of which is deposited and is available for inspection at the offices of the Authority at Ambury Road, Huntingdon, Cambridgeshire PE18 6NZ 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 construct, continue and maintain on or under the land described in Schedule 1 to this Order the following works —
a
two boreholes in the approximate locations marked '1' and '2' on the deposited plan;
b
a switchgear house and pumping station;
c
(in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this order) all such additional wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of those boreholes.
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 modifications set out in column (2).
Signed by authority of the Secretary of State
J.A.L.Gunn
An Under-Secretary,
Department of the Environment
31st August 1989


text:
1
This Order may be cited as the Representation of the People Act 1989 (Commencement No.1) Order 1989.
2
The Representation of the People Act 1989, except sections 1 to 4, shall come into force on 1st September 1989.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
31st July 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this order shall become a trunk road as from the date when this order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA 10/1 CNW 255 marked “The Levens Bridge to Carlisle Trunk Road (A595 Egremont Bypass) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Romney House, Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this order;
iii
“the trunk road”
means the (A595) Levens Bridge to Carlisle Trunk Road.
5
This order shall come into force on 25th August 1989 and may be cited as the Levens Bridge to Carlisle Trunk Road (A595 Egremont Bypass) Order 1989.
Signed by authority of the Secretary of State
D.C. Renshaw
Regional Director North West Region
Department of Transport
26th July 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sandeels Licensing Order 1989 and shall come into force on 1st July 1989.
2
In this Order —
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“sandeels” means sea fish of the family Ammodytidae;
“Scottish inshore waters” means the sea adjacent to the coast of Scotland and to the landward of a limit of six miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high water-mark of ordinary spring tides;
“ICES” followed by a roman numeral and a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea( ) is identified by that roman numeral and letter; and
“mile” means an international nautical mile of 1,852 metres.
Prohibition of fishing for sandeels without a licence
2
Fishing for sandeels by any British fishing boat within Scottish inshore waters in ICES IVa and ICES VIa is prohibited unless authorised by a licence granted by one of the Ministers.
Powers of British sea-fishery officers in relation to British fishing boats
3
1
For the purposes of the enforcement of section 4 of the Act and of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular,
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 4 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under section 4 of the Act as read with this Order has at any time been committed within Scottish inshore waters, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th June 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
14th June 1989
Peter Walker
Secretary of State for Wales
15th June 1989
Tom King
Secretary of State for Northern Ireland
21st June 1989


text:
1
This Order may be cited as the Firemen’s Pension Scheme (Amendment) (No. 2) Order 1989 and shall come into force on 1st June 1989.
2
1
The Scheme set out in Appendix 2 to the Firemen’s Pension Scheme Order 1973 shall be amended in accordance with the following provisions of this article.
2
In article 55(1) ( pensionable pay ), at the end there shall be added the following provision–
Provided that, in the case of a person by whom pension contributions become payable under article 56 on or after 1st June 1989, no account shall be taken, for the purposes of determining his pensionable pay, of any amount by which that pay exceeds an amount equivalent to an annual rate of £60,000.
In this paragraph a reference to contributions becoming payable is a reference to their becoming payable either for the first time or following any period in respect of which they were not payable.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st April 1989
We approve,
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 1989


text:
1
This Order may be cited as the Unitary Development Plans (Greater London and Dudley) (Appointed Day) Order 1989 and shall come into force on 11th August 1989.
2
11th August 1989 is appointed as the day on which Part I of Schedule 1 to the Local Government Act 1985 shall come into force in the areas of the local planning authorities listed in the Schedule hereto.
Nicholas Ridley
Secretary of State for the Environment
29th June 1989


text:
Citation and commencement
1
This Order may be cited as the Special Hospitals Service Authority (Establishment and Constitution) Order 1989 and shall come into force on 1st July 1989.
Establishment of the Special Hospitals Service Authority
2
There is hereby established a special health authority which shall be known as the Special Hospitals Service Authority (hereinafter in this Order referred to as“the Authority”).
Functions of the Authority
3
The Authority shall exercise such functions relating to the management of the special hospitals as the Secretary of State may by Regulations direct it to perform on his behalf.
Constitution
4
The Authority shall consist of a chairman and not more than 8 members.
Signed by authority of the Secretary of State for Health
D. Mellor
Minister of State,
Department of Health
8th June 1989


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Meat and Meat Products (Hormonal Substances) Regulations 1989 and shall come into force on 13th December 1989.
2
These Regulations extend to England and Wales.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“analyst” means a person having the management or control of an approved laboratory;
“animal” means–
a domestic animal of any of the following species–
bovine animals,
swine,
sheep,
goats,
solipeds,
poultry,
a wild animal of any of the species described in paragraph (a) above, or
a wild ruminant which has been raised on a holding;
“approved laboratory” has the meaning assigned to it by regulation 2(1) of the Animals and Fresh Meat (Examination for Residues) Regulations 1988 ;
“authorised officer” means a person who is authorised by a local authority to act in relation to the examination and seizure of meat;
“authorised substance” has the meaning assigned to it by regulation 3 of the Animals and Fresh Meat (Hormonal Substances) Regulations 1988 ;
“competent authority” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales, the Secretary of State;
“curing”, in relation to the treatment of meat, means the distribution of curing salts throughout the product;
“drying”, in relation to the treatment of meat, means the natural or artificial reduction of its water content;
“the Food Act ” means the Food Act 1984 ;
“fresh meat” means meat, including meat vacuum wrapped or wrapped in a controlled atmosphere, which has not undergone any preserving process other than chilling or freezing;
“heating”, in relation to the treatment of meat, means the use of dry or damp heat;
“hormonal substance” has the meaning assigned to it by regulation 2 of the Animals and Fresh Meat (Hormonal Substances) Regulations 1988;
“human consumption” has the meaning assigned to it by section 132 of the Food Act;
“local authority” means–
as respects the City of London, the Common Council; and
as respects any district or London borough, the council of the district or borough;
“meat”–
means the flesh or other edible part of an animal suitable for human consumption, and
in relation to the procuring of a sample for the purposes of these Regulations, also extends to all other parts of an animal,
and for the purpose of this definition body fluids and excrement found within a dead animal shall be regarded as parts of that animal;
“meat product” means a product prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat;
“owner” shall include, in relation to any meat or meat product, the person in possession of such meat or meat product;
“prescribed”, in relation to the maximum level for an authorised substance, means prescribed by or in implementation of Community law;
“primary analysis” means an analysis of a sample of meat or meat product carried out by, or under the direction of, an analyst;
“primary analysis certificate” means an analyst’s certificate specifying the finding of a primary analysis;
“reference analysis” means an analysis carried out by, or under the direction of, an analyst to check the finding of a primary analysis;
“reference analysis certificate” means an analyst’s certificate specifying the finding of a reference analysis;
“salting”, in relation to the treatment of meat, means the use of salt;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly;
“slaughterhouse” has the meaning assigned to it by section 132 of the Food Act;
“treatment”, in relation to a meat product, means the treatment of meat, whether or not mixed with other food, by heating, salting, curing or drying, or a combination of two or more of these processes;
“withdrawal period” has the meaning assigned to it by regulation 2 of the Animals and Fresh Meat (Hormonal Substances) Regulations 1988.
2
For the purposes of these Regulations, the supply of any meat or meat product, otherwise than by sale, at, in, or from any place where any meat or meat product is supplied in the course of a business shall be deemed to be a sale of that meat or meat product.
3
Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations.
Prohibitions
3
1
Subject to paragraph (2) below, no person shall sell for human or animal consumption any meat (whether or not mixed with other food) derived from an animal to which has been administered any hormonal substance.
2
Nothing in paragraph (1) above prohibits the sale of any such meat where–
a
the hormonal substance administered to the animal is an authorised substance, and
b
in the case of a sale for human consumption, the withdrawal period has elapsed since the administration of that substance and before the slaughter of that animal.
3
No person shall sell for human or animal consumption any meat product prepared from any meat the sale of which is prohibited by paragraph (1) above.
4
No person shall use as an ingredient in the preparation of any meat product intended for sale for human or animal consumption any meat or meat product the sale of which is prohibited by paragraph (1) or (3) above.
Inspection and control
4
1
If an authorised officer has reasonable grounds for suspecting that any meat or meat product is material the sale of which would contravene regulation 3, he may give notice to the person in possession of such meat or meat product that, until his investigations are completed,–
a
the meat or meat product, or any portion of it specified in the notice, shall not be sold or used as an ingredient in the preparation of any meat product intended for sale for human or animal consumption, and
b
either it is not to be removed, or it is not to be removed except to a place or for a purpose specified in the notice.
2
No person shall sell, use or remove any meat or meat product in contravention of the requirements of a notice given under paragraph (1) above.
3
A notice given under paragraph (1) above may at any time be withdrawn by a further notice in writing given by an authorised officer to the person in possession of the meat or meat product in question and it shall be withdrawn if, as a result of his investigations, an authorised officer is satisfied that the sale of that meat or meat product is not prohibited by regulation 3.
4
If, as a result of his investigations, an authorised officer is satisfied that the sale of the meat or meat product in question, or any portion of it, would be prohibited by regulation 3, he may deal with it as food falling within section 9(1)(b) of the Food Act (under which food unfit for human consumption may be seized).
5
Section 9(2) and (3) of the Food Act (under which food unfit for human consumption may be condemned) shall apply to any meat or meat product dealt with in accordance with paragraph (4) above as if food unfit for human consumption included any meat or meat product the sale of which is prohibited by regulation 3.
6
If a justice of the peace before whom any meat or meat product is brought under this regulation refuses to condemn it, the local authority from which the authorised officer derives his authority shall compensate the owner of the meat or meat product to which the notice related for any depreciation in its value resulting from the action taken by the authorised officer.
Power to procure samples
5
1
Subject to the following paragraphs of this regulation, an authorised officer shall, for the purposes of his functions under these Regulations, have the power to procure samples bestowed on a sampling officer by section 78(2) and (3) of the Food Act.
2
The power of an authorised officer under paragraph (1) above shall extend to the procuring of parts of meat which are not food for the purposes of the Food Act.
3
Any sample taken in pursuance of paragraph (1) or (2) above shall be treated for the purposes of the Food Act as if it were a sample taken under section 78 of that Act for the purpose of bacteriological or other examination and not for analysis.
4
Nothing in this regulation shall be taken to override any provision of regulations 6 to 11.
Primary analysis of samples
6
1
Where an authorised officer–
a
procures a sample of meat or meat product, and
b
considers that it should be analysed for the purpose of ascertaining whether any offence under these Regulations has been committed,
that sample shall be submitted for analysis at an approved laboratory and dealt with in accordance with paragraph (2) or (3) below.
2
Where the sample procured is of meat or of a meat product (other than meat or a meat product to which paragraph (3) below refers), part of the sample shall be subjected to a primary analysis, the remainder of the sample being retained for any reference analysis.
3
Where the sample procured is of any meat or meat product containing the remains of any solid implant, the analyst shall prepare an extract of such implant and subject part of that extract to a primary analysis, the remainder of the extract being retained for any reference analysis.
Results of primary analysis
7
1
Where the primary analysis shows that–
a
where the sample is of meat to which regulation 6(2) refers, that meat,
b
where the sample is of a meat product to which regulation 6(2) refers, the meat contained in that sample, or
c
where the sample is of any meat or meat product containing the remains of a solid implant, such remains of solid implant,
contains–
i
a residue of a hormonal substance other than an authorised substance, or
ii
in the case of a sample specified in sub-paragraph (a) or (b) above, a quantity of an authorised substance exceeding the maximum level prescribed for that substance,
the analyst shall give a primary analysis certificate to the owner of the meat or meat product and to the authorised officer who submitted the sample.
2
Where the primary analysis does not show anything requiring a primary analysis certificate to be given under paragraph (1) above, the analyst shall notify the owner of the meat or meat product and the authorised officer who submitted the sample of such result.
Reference analysis
8
1
If, within a period of seven days from the receipt of the primary analysis certificate, the owner of the meat or meat product challenges the finding specified in that certificate or if an authorised officer in any event so decides, that finding shall be referred by the authorised officer to an approved laboratory for a reference analysis together with–
a
the remainder of the sample of meat or meat product retained by the analyst in accordance with regulation 6(2), or
b
the remainder of the extract retained by the analyst in accordance with regulation 6(3).
2
Any challenge under paragraph (1) above shall be made by notice in writing and served on the authorised officer who submitted the sample for analysis.
3
The analyst who carries out or directs the reference analysis shall give to the owner of the meat or meat product and the authorised officer who submitted the sample a reference analysis certificate.
Notification to analyst
9
1
An authorised officer who submits to an approved laboratory a sample for a primary analysis shall inform the analyst of that approved laboratory of the name and address of the owner of the meat or meat product from which such sample was taken.
2
An authorised officer who refers to an approved laboratory a finding specified in a primary analysis certificate for a reference analysis shall inform the analyst of that approved laboratory of the name and address of the owner of the meat or meat product.
Methods of analysis
10
The analysis of any sample taken from any meat or meat product for the purposes of these Regulations shall be carried out–
a
in relation to a primary analysis, in accordance with methods authorised by Commission Decision 87/410/ EEC , and
b
in relation to a reference analysis, in accordance with methods determined under Article 5.2 of Council Directive 85/358/EEC .
Certificates of analysis
11
1
Any certificate given by an analyst under these Regulations–
a
shall be signed by the analyst, and
b
shall specify the name of the authorised officer who submitted the sample for analysis and the name and address of the local authority whose officer he is.
2
No person shall be convicted of an offence under regulation 3 in any proceedings relating to any meat or meat product unless the evidence in those proceedings relating to that meat or meat product includes an appropriate analysis certificate.
3
For the purposes of paragraph (2) above an appropriate analysis certificate is–
a
in a case where a reference analysis is required to be made under regulation 8, a reference analysis certificate, and
b
in any other case, a primary analysis certificate.
Notification to competent authority
12
1
If an authorised officer–
a
is of the opinion as a result of information revealed by an analysis of any meat or meat product, or
b
otherwise, has reasonable grounds for suspecting,
that any animal at a slaughterhouse, farm or any other place may contain a residue of a hormonal substance other than an authorised substance or a quantity of an authorised substance exceeding the maximum prescribed for that substance, the authorised officer shall act in accordance with paragraph (2) below.
2
The authorised officer shall immediately–
a
inform the competent authority of his opinion and the result of the analysis of meat or meat product, or
b
inform the competent authority of his suspicion and the grounds for such suspicion,
and in either case, supply to the competent authority such particulars as the authorised officer is able to supply so as to enable the competent authority to identify the animal and the place where it is.
Service of notices or certificates
13
Any notice or certificate to be given to any person under these Regulations may be given–
a
by delivering it to that person; or
b
by leaving it or sending it in a prepaid letter addressed to him, at his usual or last known residence; or
c
in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office.
Application of various provisions of the Food Act
14
1
Subject to paragraph (2) of this regulation, the following provisions of the Food Act shall apply for the purposes of these Regulations as if these Regulations had been made under that Act:–
a
section 87 (which relates to the power to enter premises);
b
section 88, other than paragraph (a) of subsection (1), (which relates to the additional power of entry);
c
section 91 (which relates to obstruction);
d
section 95(1), (2), (3), (4) other than paragraph (a), and (5) (which relates to prosecutions);
e
section 97(1) and (3) (which relates to evidence of analysis);
f
section 98 (which relates to presumptions);
g
section 102 (which relates to conditions under which a warranty may be pleaded as a defence);
h
section 103 (which relates to offences in relation to warranties and certificates of analysis);
i
section 108 (which relates to disputes as to compensation); and
j
section 109 (which relates to arbitration).
2
For the purposes of these Regulations–
a
section 95(2) of the Food Act shall apply as if references therein to a sample procured under that Act included a reference to a sample procured for the purposes of these Regulations and so shall that part of section 95(4) thereof which is not excluded by paragraph (1)(d) of this regulation and section 95(5) of that Act shall apply as if the reference to any proceedings under that Act included a reference to proceedings for an offence under these Regulations;
b
sections 97(1) and (3) of the Food Act shall apply as if the references therein to a public analyst were references to an analyst as defined in regulation 2(1) and references to a certificate of a public analyst were references to a certificate of analysis given under these Regulations;
c
section 102(2) of the Food Act shall apply as if the reference therein to proceedings under that Act included a reference to proceedings for an offence under these Regulations;
d
section 103 of the Food Act shall apply as if references therein to that Act included a reference to these Regulations and references to a certificate of analysis included a reference to a primary analysis certificate or a reference analysis certificate;
e
section 108 of the Food Act shall apply as if the reference therein to Part I except section 23 of that Act were a reference to these Regulations.
Condemnation of meat or meat products
15
1
Any meat or meat product–
a
in respect of which–
i
a primary analysis certificate has been issued in accordance with regulation 7(1), and
ii
the period for challenging the finding specified in that certificate under regulation 8 has expired without such challenge, or
b
in respect of which a reference analysis certificate has been issued in accordance with regulation 8 confirming the finding specified in a primary analysis certificate,
may be dealt with as food falling within section 9(1)(b) of the Food Act (under which food unfit for human consumption may be seized).
2
Section 9(2) and (3) of the Food Act (under which food unfit for human consumption may be condemned) shall apply to any meat or meat product dealt with in accordance with paragraph (1) above as if food unfit for human consumption included any meat and meat products the sale of which is prohibited by regulation 3.
Enforcement
16
It shall be the duty of each local authority to enforce and execute within its area of jurisdiction the provisions of these Regulations.
Competent authority’s powers
17
1
The competent authority may for the purpose of complying with any Community obligation in relation to any meat or meat product suspected by the competent authority of containing a residue of a hormonal substance exercise the powers specified in paragraph (2) below.
2
The competent authority may direct an officer of such authority to procure samples of any meat or meat product and upon that direction–
a
the officer shall have all the powers of an authorised officer to procure such samples and to submit them to an approved laboratory for primary analysis or reference analysis in accordance with these Regulations, and where those powers are exercised by that officer–
i
regulations 7 and 8 shall apply to him as if he were an authorised officer, and
ii
regulation 11(1)(b) shall apply to him and the competent authority as if he were an authorised officer and it were a local authority, and
b
in relation to any meat in a slaughterhouse, if the officer has reasonable grounds for suspecting that the sale of such meat would contravene regulation 3, he shall have the power specified in paragraph (3) below.
3
The officer may give notice to the person in possession of the meat that until his investigations are completed–
a
the meat, or any specified part of it specified in the notice, shall not be sold or used as an ingredient in the preparation of any meat product, intended for sale for human or animal consumption, and
b
either it is not to be removed, or it is not to be removed except to a place or for purpose specified in the notice.
4
No person shall sell, use or remove any meat in contravention of the requirements of a notice given under paragraph (3) above.
5
A notice given under paragraph (3) above may at any time be withdrawn by a further notice in writing given by an officer of the competent authority to the person in possession of the meat in question and it shall be withdrawn if, as a result of his investigations, the officer is satisfied that the sale of that meat is not prohibited by regulation 3.
6
An officer of a competent authority who submits to an approved laboratory a sample for a primary or reference analysis shall inform the analyst of that approved laboratory of the name and address of the owner of the meat or meat product in accordance with regulation 9.
7
Where a primary analysis certificate or a primary analysis certificate and a reference analysis certificate have been issued in relation to a sample submitted for analysis by an officer of a competent authority, that competent authority shall–
a
notify the local authority of the action taken by the competent authority, and
b
forward to the local authority the certificate or certificates of analysis issued by the analyst.
8
On receiving a notification and a certificate or certificates of analysis in accordance with paragraph (7) above, the local authority shall have the like duty to cause proceedings to be taken as if one of its authorised officers had procured the sample and sent it to be analysed for the purpose of ascertaining whether any offence under these Regulations has been committed.
9
If, upon consideration of any certificate or certificates of analysis forwarded by a competent authority in accordance with paragraph (7) above, an authorised officer is satisfied that the sale of the meat in question, or any portion of it, would be prohibited by regulation 3, he may deal with it as food falling within section 9(1)(b) of the Food Act (under which food unfit for human consumption may be seized).
10
Section 9(2) and (3) of the Food Act (under which food unfit for human consumption may be condemned) shall apply to any meat dealt with in accordance with paragraph (9) above as if food unfit for human consumption included any meat the sale of which is prohibited by regulation 3.
11
If a justice of the peace before whom any meat is brought pursuant to any action taken under paragraph (9) above refuses to condemn such meat, the competent authority who made the notification to the local authority in accordance with paragraph (7) above shall compensate the owner of the meat for any depreciation in its value resulting from the action taken by the authorised officer.
Penalty
18
If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by officers of bodies corporate
19
1
Where an offence under these Regulations which has been 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 a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above 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.
Offences due to fault of another person
20
Where the commission by any person of an offence under these Regulations 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 brought against the first-mentioned person.
Defence of due diligence
21
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence provided by the last foregoing paragraph involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information to identify or assist in identifying that other person as was then in his possession.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd November 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
6th November 1989


text:
Title and commencement
1
1
This Order may be cited as the Processed Animal Protein Order 1989 and, except for article 5, shall come into force on 14th April 1989.
2
Article 5 of this Order shall come into force on 13th June 1989.
Extension of definitions of “animals” and “poultry”
2
For the purposes of the Act in its application to this Order–
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise–
i
any kind of mammal except man, and
ii
any kind of four-footed beast which is not a mammal; and
b
the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise quails.
Interpretation
3
1
In this Order, unless the context otherwise requires–
“the Act” means the Animal Health Act 1981;
“animal” means any kind of mammal except man, and any kind of four-footed beast which is not a mammal;
“animal protein” means any material which may be used for feeding to livestock or poultry which contains the whole or any part of any dead animal or bird, or of any fish, reptile, crustacean or other cold-blooded creature or any product derived from them and includes blood, hatchery waste, eggs, egg shells, hair, horns, hides, hoofs, feathers and manure, any material which contains human effluent and any protein obtained from any of these materials by heat, sedimentation, precipitation, ensiling or any other system of treatment or procedure but does not include milk or milk products, shells other than egg shells, fat or dicalcium bone phosphate;
“the appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“authorised laboratory” means a laboratory authorised by the Minister in writing;
“authorised officer” means a veterinary inspector or an officer authorised by the appropriate Minister;
“day” means the period of twenty-four hours which begins with one midnight and ends with the next;
“fat” means any vegetable or mineral oil or any other oleaginous product obtained by a rendering or a refining process;
“laboratory” means any laboratory which has the necessary facilities and personnel for carrying out tests on samples mentioned in paragraph (1) or (2) of Part I of Schedule 1 to this Order in accordance with either of the methods set out in Part II of that Schedule;
“livestock” means cattle, sheep, pigs, goats, horses (including asses and mules), deer, and rabbits which are kept for commercial purposes;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“poultry” means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pigeons, pheasants, partridges and quails;
“processed”, in relation to animal protein, means animal protein which has been subjected to heat, sedimentation, precipitation, ensiling, milling, grinding, or any other system of treatment or procedure so as to render it suitable for use (whether with or without further treatment or procedure) as a feeding stuff or as an ingredient in a feeding stuff for livestock or poultry; and cognate expressions shall be construed accordingly;
“the Register” means the Register kept by the Minister under article 5 of this Order;
“Registered person” means the person whose name is entered in the Register;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
2
Until the coming into force of article 5 to this Order, any reference in this Order to a Registered person shall be a reference to the owner or person in charge of the premises the address of which will be required to be entered in the Register in accordance with article 5 when that article comes into force.
3
After 13th August 1989 any reference in this Order to a laboratory shall be a reference to an authorised laboratory.
Scope
4
The provisions of this Order shall not apply to waste food defined in, and required to be processed under, the provisions of the Diseases of Animals (Waste Food) Order 1973 .
Registration of animal protein processors
5
1
No person shall, in the course of a business carried on by him, process any animal protein unless his name and the address of the premises used by him for the purpose of processing any animal protein are entered in the Register.
2
The Minister shall not enter the name of a person in the Register unless all the particulars specified in Schedule 2 to this Order are notified to him in writing.
3
The Registered person shall notify the Minister in writing of any change in the particulars previously notified to the Minister, such notification to be made within 14 days of any such change.
Taking of samples for testing
6
1
It shall be the duty of a Registered person to ensure that–
a
on each day on which any supplies of processed animal protein are consigned from the premises in respect of which his name is entered in the Register, a sample is taken in the manner described in paragraph (2) of Part I of Schedule 1 to this Order from the processed animal protein which forms those supplies, and
b
the sample is submitted forthwith to a laboratory for testing (at his expense) in accordance with either of the methods set out in Part II of Schedule 1 to this Order.
2
Where processed animal protein produced on any premises is incorporated in a feeding stuff for livestock or poultry kept on those premises, it shall be the duty of the Registered person to ensure that–
a
on each day immediately before any supplies of any such processed animal protein are incorporated in such feeding stuff, a sample is taken in the manner mentioned in paragraph (1)(a) above from those supplies, and
b
the sample is submitted for testing (at his expense) in accordance with the provisions of paragraph (1)(b) above.
3
After a sample has been tested in accordance with paragraph (1)(b) or (2)(b) above by a laboratory it shall be destroyed by that laboratory.
Duty to prevent movement of contaminated processed animal protein and incorporation of such animal protein in a feeding stuff
7
It shall be the duty of a Registered person who knows that a test carried out on a sample taken from the processed animal protein produced on premises in respect of which his name is entered on the Register has resulted in the isolation of salmonella from that sample, to ensure that during the period of one month from the date on which he becomes aware of such result–
a
no processed animal protein produced on those premises is removed from any premises occupied by him or under his control; and
b
no such processed animal protein which remains under his control is incorporated in a feeding stuff for livestock or poultry,
unless–
i
such processed animal protein is not taken from the same storage facility as that used to store the processed animal protein from which the sample was taken, or
ii
such processed animal protein is treated in such manner as to ensure freedom from salmonella and a test carried out by a laboratory in accordance with either of the methods set out in Part II of Schedule 1 to this Order on a sample taken from the processed animal protein so treated does not result in the isolation of salmonella from that sample, or
iii
under the authority or a licence issued by an authorised officer and in accordance with the conditions, if any, of that licence.
Powers of authorised officers
8
1
An authorised officer may at any reasonable time and on production of his authority on demand–
a
enter any premises which he has reasonable grounds for supposing are being used for the purpose of processing animal protein;
b
take a sample in the manner described in paragraph (1) or (2) of Part I of Schedule 1 to this Order from such premises of any material or substance which he has reasonable grounds for supposing to be processed animal protein;
c
at the request of the Registered person or person in charge of the premises, take and give to him a like sample to that taken under sub-paragraph (b) above–
2
An authorised officer entering any premises by virtue of paragraph (1) above–
a
shall, if required by the Registered person or person in charge of the premises, state his reasons for entering, and
b
may take with him such other persons and such equipment as appear to him to be reasonably necessary for the proper performance of his functions under this Order.
3
The Registered person or person in charge of premises referred to in paragraph (1) above shall give all reasonable assistance to an authorised officer and any person accompanying him so as to enable the power conferred by this article to be properly exercised.
Testing of samples taken by authorised officers
9
1
On taking a sample as referred to in article 8(1)(b) above the authorised officer shall submit it to a laboratory for testing in accordance with either of the methods set out in Part II Schedule 1 to this Order.
2
The result of the test carried out under paragraph (1) above shall be notified in writing by an authorised officer to the Registered person or person in charge of the premises with all practicable speed.
3
After a sample has been tested in accordance with paragraph (1) above by a laboratory it shall be destroyed by that laboratory.
Tampering with samples
10
1
No person shall treat or otherwise tamper with a sample of processed animal protein taken under this Order.
2
For the purposes of this article a person shall be deemed to have treated a sample if he does anything in relation to it with intent to affect the result of the test required to be carried out under this Order.
Keeping of records
11
A Registered person shall–
a
make a record of the result of any test carried out in accordance with article 6(1)(b) or (2)(b) above as soon as practicable after he has received a report of such result;
b
retain such record for a period of 12 months from the date of the test; and
c
produce such record to an authorised officer on demand being made by him at any reasonable time during that period and allow him to take a copy of it or an extract from it.
Information to be given
12
Where as a result of a test carried out in accordance with the provisions of this Order salmonella is isolated from a sample of processed animal protein, a Registered person shall, with a view to enabling an authorised officer to trace the processed animal protein from which the sample was taken, give to the authorised officer any information that he has concerning any consignments of or from that processed animal protein, such information to be given on demand being made by the authorised officer at any reasonable time.
Offences
13
Any person who, without lawful authority or excuse, proof of which shall lie on him–
a
contravenes any provision of this Order or any provision of a licence issued under it; or
b
fails to comply with any such provision or with a condition of such licence; or
c
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce Order
14
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Revocation
15
The Diseases of Animals (Protein Processing) Order 1981 and the Diseases of Animals (Protein Processing) (Amendment) Order 1989 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th April 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
12th April 1989
Peter Walker
Secretary of State for Wales
13th April 1989


text:
1
This Order may be cited as the Copyright (Industrial Process and Excluded Articles) (No. 2) Order 1989 and shall come into force on 1st August 1989.
2
An article is to be regarded for the purposes of section 52 of the Act (limitation of copyright protection for design derived from artistic work) as made by an industrial process if —
a
it is one of more than fifty articles which —
i
all fall to be treated for the purposes of Part I of the Act as copies of a particular artistic work, but
ii
do not all together constitute a single set of articles as defined in section 44(1) of the Registered Designs Act 1949 ; or
b
it consists of goods manufactured in lengths or pieces, not being hand-made goods.
3
1
There are excluded from the operation of section 52 of the Act —
a
works of sculpture, other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process;
b
wall plaques, medals and medallions; and
c
printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greetings cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles.
2
Nothing in article 2 of this Order shall be taken to limit the meaning of “industrial process” in paragraph (1)(a) of this article.
4
The Copyright (Industrial Designs) Rules 1957 and the Copyright (Industrial Process and Excluded Articles) Order 1989 are hereby revoked.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
26th June 1989