type: legislation

jurisdiction: UK

text:
1
The length of the trunk roads described in the schedule hereto, and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as classified roads as from the date on which the new trunk road is open for through traffic.
2
In this Order–
a
the measurements of distance are measured along the route of the relevant highway; and
b
i
“the deposited plan”
means the plan numbered HA10/1 CNW 262, marked “The A51/A52 Trunk Roads Nantwich (Detrunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk road”
means the new trunk road to be provided by the Secretary of State in pursuance of the A51/52 North of Newcastle-under-Lyme–Nantwich–Tarporley–Tarvin Trunk Road (Nantwich Bypass) Order 1989;
iii
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads.
iv
“the trunk roads”
means the North of Newcastle-under-Lyme–Nantwich–Tarporley–Tarvin Trunk Roads (A51/A52).
3
This Order shall come into force on 4th April and may be cited as the A51/A52 Trunk Roads Nantwich (Detrunking) Order 1989.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
22nd February 1989


text:
1
This Order may be cited as the Gipsy Encampments (Borough of Dacorum) (No. 2) Order 1989 and shall come into force on 2nd May 1989.
2
The area of the Borough of Dacorum is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
3
The Gipsy Encampments (Borough of Dacorum) Order 1989 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
25th April 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by the 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 new trunk road is open for the purposes of through traffic.
4
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Dorset that the new trunk road is open for through traffic.
5
In this Order–
1
all measurements of distances are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA 10/1 SWM 57 marked “The A35 Trunk Road (Yellowham Hill, Troy Town Improvement) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Marsham Street, Lodnon SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iii
“the trunk road”
means the A35 Trunk Road;
iv
“by-way”
means a by-way open to all traffic within the meaning given to that expression by section 66(1) of the Wildlife and Countryside Act 1981 .
6
This Order shall come into force on 15th September 1989, and may be cited as the A35 Trunk Road (Yellowham Hill, Troy Town Improvement) Order 1989.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
24th August 1989


text:
Title and commencement
1
This Order may be cited as the Boston Fishery Orders (Continuation) Order 1989 and shall come into force on 4th June 1990.
Extension of Orders
2
The Boston Deeps Fishery Order 1870 (as amended by the Boston Fishery Order 1897 , and the Boston Fishery Order 1902 , both extended by the Boston Fishery Order 1930 , shall continue in force beyond 4th June 1990, being the date on which they would otherwise expire, until 12th July 1992.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th June 1989.
(L.S.)
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
These Regulations may be cited as the Savings Certificates (Yearly Plan) (Amendment) Regulations 1989 and shall come into force on 15th September 1989.
Amendment of principal Regulations
2
The Savings Certificates (Yearly Plan) Regulations 1984 shall be amended as follows:
a
in regulation 7(1), by replacing the words from the beginning to (and including) “and accordingly” with the following:
Every payment of an amount repayable under an agreement or in respect of a certificate shall be made by crossed warrant unless either the Director of Savings otherwise directs or the applicant for repayment requests that the amount repayable be used to purchase a national savings certificate and the Director of Savings consents thereto; and accordingly in the absence of such direction or request and consent
; and
b
after regulation 7 by inserting of the following regulation:
Amount repayable when proceeds reinvested
7A
For the purpose of determining the amount repayable under an agreement or in respect of a certificate where repayment is not made by warrant because the proceeds are used to purchase a national savings certificate, the payment of the amount repayable shall be deemed to be effected on the date entered in the records kept by the Director of Savings as the date of such purchase.
.
David Lightbown
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th August 1989


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Norfolk that the new trunk road is open for through traffic.
2
In this Order –
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purposes of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2E/236, marked “The Ipswich-Norwich Trunk Road (A140) (Dickleburgh Bypass) (Detrunking) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road” means the highway mentioned in article 1 of the Ipswich-Norwich Trunk Road (A140) (Dickleburgh Bypass) Order 1989; and
iv
“the Trunk Road” means the Ipswich-Norwich Trunk Road (A140).
3
This Order shall come into force on 22nd September 1989 and may be cited as the Ipswich-Norwich Trunk Road (A140) (Dickleburgh Bypass) (Detrunking) Order 1989.
Signed by authority of the Secretary of State
Alan Whitfield
Eastern Region
Department of Transport
10th October 1989


text:
1
These Rules may be cited as the Prison (Amendment) Rules 1989 and shall come into force on 1st April 1989.
2
The Prison Rules 1964 shall be amended as follows–
a
for rule 37(2) there shall be substituted–
2
A prisoner’s legal adviser may, subject to any directions given by the Secretary of State, interview the prisoner in connection with any other legal business out of hearing but in the sight of an officer.
;
b
for rules 47 to 56 there shall be substituted–
Offences against discipline
47
A prisoner is guilty of an offence against discipline if he–
1
commits any assault;
2
detains any person against his will;
3
denies access to any part of the prison to any officer;
4
fights with any person;
5
intentionally endangers the health or personal safety of others or, by his conduct, is reckless whether such health or personal safety is endangered;
6
intentionally obstructs an officer in the execution of his duty;
7
escapes or absconds from prison or from legal custody;
8
fails–
a
to return to prison when he should return after being temporarily released under rule 6 of these Rules, or
b
to comply with any condition upon which he is so released;
9
has in his possession–
a
any unauthorised article, or
b
a greater quantity of any article than he is authorised to have;
10
sells or delivers to any person any unauthorised article;
11
sells or, without permission, delivers to any person any article which he is allowed to have only for his own use;
12
takes improperly any article belonging to another person or to a prison;
13
intentionally or recklessly sets fire to any part of a prison or any other property, whether or not his own;
14
destroys or damages any part of a prison or any other property, other than his own;
15
absents himself from any place where he is required to be or is present at any place where he is not authorised to be;
16
is disrespectful to any officer or any person visiting a prison;
17
uses threatening, abusive or insulting words or behaviour;
18
intentionally fails to work properly or, being required to work, refuses to do so;
19
disobeys any lawful order;
20
disobeys or fails to comply with any rule or regulation applying to him;
21
in any way offends against good order and discipline;
22
a
attempts to commit,
b
incites another prisoner to commit, or
c
assists another prisoner to commit or to attempt to commit
any of the foregoing offences.
Disciplinary charges
48
1
Where a prisoner is to be charged with an offence against discipline, the charge shall be laid as soon as possible and, save in exceptional circumstances, within 48 hours of the discovery of the offence.
2
A prisoner who is to be charged with an offence against discipline may be kept apart from other prisoners pending adjudication.
3
Every charge shall be inquired into, in the first instance, by the governor.
4
Every charge shall be first inquired into not later, save in exceptional circumstances, than the next day, not being a Sunday or public holiday, after it is laid.
Rights of prisoner charged
49
1
Where a prisoner is charged with an offence against discipline, he shall be informed of the charge as soon as possible and, in any case, before the time when it is inquired into by the governor.
2
At any inquiry into a charge against a prisoner he shall be given a full opportunity of hearing what is alleged against him and of presenting his own case.
Governor’s punishments
50
1
If he finds a prisoner guilty of an offence against discipline the governor may, subject to rule 52 of these Rules, impose one or more of the following punishments–
a
caution;
b
forfeiture for a period not exceeding 28 days of any of the privileges under Rule 4 of these Rules;
c
exclusion from associated work for a period not exceeding 14 days;
d
stoppage of earnings for a period not exceeding 28 days;
e
cellular confinement for a period not exceeding 3 days;
f
forfeiture of remission of sentence of a period not exceeding 28 days;
g
in the case of a prisoner otherwise entitled to them, forfeiture for any period of the right, under Rule 4(1) of these Rules, to have the articles there mentioned;
h
in the case of a prisoner guilty of escaping or attempting to escape and who is entitled to it, forfeiture of the right to wear his own clothing under Rule 20(1) of these Rules.
2
If a prisoner is found guilty of more than one charge arising out of an incident, punishments under this rule may be ordered to run consecutively.
Referrals to the Board of Visitors
51
1
Where at an inquiry held pursuant to rule 48(3) of these Rules the governor decides that, if the prisoner were found guilty, the punishments provided under rule 50 above would, having regard to the nature and circumstances of the offence, be inadequate, he may refer the charge to the Board of Visitors.
2
Where a charge is referred to a Board under this rule, the chairman shall summon a special meeting at which not more than five nor fewer than two members shall be present.
3
The Board so constituted shall inquire into the charge and, if they find the prisoner guilty, they may, subject to Rule 52 below, impose one or more of the following punishments–
a
caution;
b
forfeiture or postponement for any period of any of the privileges under Rule 4 of these Rules;
c
exclusion from associated work for a period not exceeding 56 days;
d
stoppage of earnings for a period not exceeding 56 days;
e
cellular confinement for a period not exceeding 56 days;
f
forfeiture of remission of sentence of a period not exceeding 120 days;
g
in the case of a prisoner otherwise entitled to them, forfeiture for any period of the right under Rule 41(1) of these Rules to have the articles there mentioned;
h
in the case of a prisoner guility of escaping or attempting to escape and who is entitled to it, forfeiture of the right to wear his own clothing under Rule 20(1) of these Rules.
4
The Secretary of State may require any change to which this rule applies to be referred to him, instead of to the Board of Visitors, and in that case an officer of the Secretary of State (not being an officer of a prison) shall inquire into the charge and, if he finds the prisoner guilty, he may impose one or more of the punishments specified in paragraph (3).
5
If a prisoner is found guilty of more than one charge arising out of an incident, punishments under this rule may be ordered to run consecutively, but in the case of forfeiture of remission of sentence, the total period forfeited shall not exceed 180 days.
Offences committed by Young Persons
52
1
In the case of an offence against discipline committed by an inmate who was under the age of 21 when the offence was committed (other than an offender in relation to whom the Secretary of State has given a direction under section 13(1) of the Criminal Justice Act 1982 that he shall be treated as if he had been sentenced to imprisonment)–
a
rule 50 of these Rules shall have effect, but–
i
the maximum period of forfeiture of privileges under rule 4 of these Rules shall be 14 days; and
ii
the maximum period of stoppage of earnings shall be 14 days;
b
rule 51 shall have effect, but the punishments which may be imposed shall be modified as follows:
i
the maximum period of forfeiture or postponement of privileges shall be 28 days;
ii
the maximum period of exclusion from associated work and stoppage of earnings shall be 28 days;
iii
the maximum period of cellular confinement shall be 7 days;
iv
the maximum period of forfeiture of remission of sentence shall be 90 days; and
v
the maximum period of forfeiture of remission of sentence, where punishments for more than one charge arising out of an incident are ordered to run consecutively, shall be 135 days.
2
In the case of an inmate who has been sentenced to a term of youth custody or detention in a young offender institution, and by virtue of a direction of the Secretary of State under section 13 of the Criminal Justice Act 1982, is treated as if he had been sentenced to imprisonment for that term, any punishment imposed on him for an offence against discipline before the said direction was given shall, if it has not been exhausted or remitted, continue to have effect as if made pursuant to rule 50 or 51 of these Rules as the case may be.
3
In the case of an inmate detained in a prison who, by virtue of paragraph 12 of Schedule 8 to the Criminal Justice Act 1988, on 1st October 1988 fell to be treated for all purposes of detention, release and supervision as if his sentence had been a sentence of detention in a young offender institution, any award for an offence against discipline made in respect of him before that date under rule 50, 51 or 52 of the Prison Rules 1964, which were then in force, or treated by virtue of rule 5(4A) as having been imposed under those Rules, shall, if it has not been exhausted or remitted, continue to have effect as if it were a punishment imposed pursuant to rule 50 or 51 of these Rules as the case may be.
Particular punishments
53
1
A punishment of stoppage of earnings may, instead of forfeiting all a prisoner’s earnings for a specified period not exceeding 28 or 56 days (as the case may be), be expressed so as to forfeit a proportion (not being less than one-half) of his earnings for a specified period not exceeding a correspondingly greater number of days.
2
No punishment of cellular confinement shall be imposed unless the medical officer has certified that the prisoner is in a fit state of health to be so dealt with.
Prospective forfeiture of remission
54
1
In the case of an offence against discipline committed by a prisoner who is detained only on remand or to await trial or sentence, a punishment of forfeiture of remission may be imposed notwithstanding that the prisoner has not (or had not at the time of the offence) been sentenced.
2
A punishment under paragraph (1) above shall have effect only in the case of a sentence of imprisonment or detention in a young offender institution being imposed which is reduced, by section 67 of the Criminal Justice Act 1967 , by a period which includes the time when the offence against discipline was committed.
Suspended Punishments
55
1
Subject to any directions given by the Secretary of State, the power to impose a disciplinary punishment (other than a caution) shall include power to direct that the punishment is not to take effect unless, during a period specified in the direction (not being more than six months from the date of the direction) the prisoner commits another offence against discipline and a direction is given under paragraph (2) below.
2
Where a prisoner commits an offence against discipline during the period specified in a direction given under paragraph (1) above the person or Board dealing with that offence may–
a
direct that the suspended punishment shall take effect,
b
reduce the period or amount of the suspended punishment and direct that it shall take effect as so reduced,
c
vary the original direction by substituting for the period specified a period expiring not later than six months from the date of variation, or
d
give no direction with respect to the suspended punishment.
Remission and mitigation of punishments and quashing of findings of guilt
56
1
The Secretary of State may quash any finding of guilt and may remit any punishment or mitigate it either by reducing it or by substituting another award which is, in his opinion, less severe.
2
Subject to any directions given by the Secretary of State, the governor may remit or mitigate any punishment imposed by a governor, and a Board of Visitors may remit or mitigate any punishment.
;
c
in rule 92–
i
after the words “Prison Act 1952 shall” in paragraph (1) there shall be inserted “subject to paragraph (1A) below”,
ii
after paragraph (1) there shall be inserted–
1A
The Secretary of State may terminate the appointment of a member if he is satisfied that–
a
he has failed satisfactorily to perform his duties,
b
he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties, or
c
he has been convicted of such a criminal offence, or his conduct has been such, that it is not in the Secretary of State’s opinion fitting that he should remain a member.
,
iii
for paragraphs (3) and (4) there shall be substituted–
3
Subject to paragraph (2) above, at their first meeting in any year of office the Board shall appoint one of their members to be chairman and one to be vice-chairman for that year and thereafter shall fill any casual vacancy in either office promptly.
4
The vice-chairman’s term of office shall come to an end when, for whatever reason, that of the chairman comes to an end.
;
d
there shall be deleted from rule 94(4) the words from “knowledge” to the end.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
6th March 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Value Added Tax (Accounting and Records) Regulations 1989 and shall come into force on 1st January 1990.
2
In these Regulations–
“ the Act ” means the Value Added Tax Act 1983;
“Controller” means the Controller, Customs and Excise, Value Added Tax Central Unit;
“increase in consideration” means an increase in the consideration due on a supply made by a taxable person which is evidenced by a credit or debit note or any other document having the same effect and “decrease in consideration” is to be interpreted accordingly;
“insolvent person” means–
an individual, or company, mentioned in subsection (2) or subsection (3) of section 22 of the Act who, or which, has become insolvent within the meaning of either of the said subsections; or
a company, for which a person has been appointed in Great Britain to act either as its administrator under section 13 of the Insolvency Act 1986 or as an administrative receiver within the meaning of section 251 of that Act; or
in Northern Ireland, a company for which a receiver or manager has been appointed;
“negative entry” means an amount entered into the value added tax account as a negative amount;
“positive entry” means an amount entered into the value added tax account as a positive amount; and
“tax allowable portion”, “tax payable portion” and “value added tax account” have the meaning given in regulation 4.
Records
2
1
Every taxable person shall, for the purpose of accounting for tax, keep and preserve the following records–
a
his business and accounting records;
b
his value added tax account;
c
copies of all tax invoices issued by him;
d
tax invoices received by him;
e
documentation relating to importations and exportations by him; and
f
all credit notes, debit notes or other documents which evidence an increase or decrease in consideration that are received, and copies of all such documents that are issued by him.
2
The Commissioners may,
a
in relation to a trade or business of a description specified by them; or
b
for the purposes of any scheme established by, or under, Regulations made under the Act,
supplement paragraph (1) of this regulation by a notice published by them for that purpose.
3
The Commissioners may vary the terms of any notice by–
a
publishing a fresh notice; or
b
publishing a notice which amends an existing notice.
3
Every taxable person shall keep and preserve such records as are required by regulation 2 for a period of six years or such lesser period as the Commissioners may allow.
The value added tax account
4
1
Every taxable person shall keep and maintain, in accordance with this regulation, an account to be known as the value added tax account.
2
The value added tax account shall be divided into separate parts relating to the prescribed accounting periods of the taxable person and each such part shall be further divided into two portions to be known as “the tax payable portion” and “the tax allowable portion”.
3
The tax payable portion shall be comprised of–
a
a total of the output tax due from the taxable person for that prescribed accounting period;
b
every correction or adjustment to the tax payable portion which is required or allowed by regulations 5 or 7; and
c
every adjustment to the amount of tax payable by the taxable person for that prescribed accounting period which is required, or allowed, by, or under, any Regulations made under the Act.
4
The tax allowable portion shall be comprised of–
a
a total of the input tax allowable to the taxable person for that prescribed accounting period by virtue of section 15 of the Act;
b
every correction or adjustment to the tax allowable portion which is required or allowed by regulations 5 or 7; and
c
every adjustment to the amount of input tax allowable to the taxable person for that prescribed accounting period which is required, or allowed, by, or under, any Regulations made under the Act.
Correction of returns
5
1
This regulation applies where a person has, in accordance with Regulations made under the Act, furnished a return, or returns, to the Controller which overstated or understated to any extent his liability to tax or his entitlement to a payment under section 14(5) of the Act.
2
In this regulation–
a
“under-declarations of liability” means the aggregate of–
i
the amount (if any) by which credit for input tax was overstated in any return, and
ii
the amount (if any) by which output tax was understated in any return; and
b
“over-declarations of liability” means the aggregate of–
i
the amount (if any) by which credit for input tax was understated in any return, and
ii
the amount (if any) by which output tax was overstated in any return.
3
Where, in relation to all such overstatements or understatements that are discovered during a prescribed accounting period, the difference between–
a
under-declarations of liability, and
b
over-declarations of liability
does not exceed £1000 then the taxable person may correct his value added tax account in accordance with this regulation.
4
In the tax payable portion–
a
where the amount of any overstatements of output tax is greater than the amount of any understatements of output tax a negative entry shall be made for the amount of the excess; or
b
where the amount of any understatements of output tax is greater than the amount of any overstatements of output tax a positive entry shall be made for the amount of the excess.
5
In the tax allowable portion–
a
where the amount of any overstatements of credit for input tax is greater than the amount of any understatements of credit for input tax a negative entry shall be made for the amount of the excess; or
b
where the amount of any understatements of credit for input tax is greater than the amount of any overstatements of credit for input tax a positive entry shall be made for the amount of the excess.
6
Every entry required by this regulation shall–
a
be made in that part of the value added tax account which relates to the prescribed accounting period in which the overstatements or understatements in any earlier returns were discovered;
b
make reference to the returns to which it applies; and
c
make reference to such documentation as relates to the overstatements or understatements.
7
Where the conditions referred to in paragraph (3) of this regulation do not apply then the value added tax account may not be corrected by virtue of this regulation.
Claims for recovery of overpaid tax
6
Any claim under section 24 of the Finance Act 1989 shall be made in writing to the Commissioners and shall, by reference to such documentary evidence as is in the possession of the claimant, state the amount of the claim and the method by which that amount was calculated.
Adjustments in the course of business
7
1
This regulation applies where–
a
there is an increase in consideration, or
b
there is a decrease in consideration
which includes an amount of tax and the increase or decrease occurs after the end of the prescribed accounting period in which the original supply took place.
2
Where this regulation applies the taxable person shall adjust his value added tax account in accordance with the provisions of this regulation.
3
The maker of the supply shall–
a
in the case of an increase in consideration, make a positive entry; or
b
in the case of a decrease in consideration, make a negative entry
for the relevant amount of tax in the tax payable portion of his value added tax account.
4
The recipient of the supply, if he is a taxable person, shall–
a
in the case of an increase in consideration, make a positive entry; or
b
in the case of a decrease in consideration, make a negative entry
for the relevant amount of tax in the tax allowable portion of his value added tax account.
5
Every entry required by this regulation shall, except where paragraph 6 below applies, be made in that part of the value added tax account which relates to the prescribed accounting period in which the increase or decrease is given effect in the business accounts of the taxable person.
6
Where any entry required by this regulation is to be made in the value added tax account of an insolvent person then any such entry shall be made in that part of the value added tax account which relates to the prescribed accounting period in which the supply was made or received.
7
None of the circumstances to which this regulation applies is to be regarded as giving rise to any application of regulation 5.
Calculation of returns
8
1
Where a person is required by Regulations made under the Act to furnish a return to the Controller, the amounts to be entered on that return shall be determined in accordance with this regulation.
2
In the box opposite the legend “ VAT due in this period on sales and other outputs” shall be entered the aggregate of all the entries in the tax payable portion of that part of the value added tax account which relates to the prescribed accounting period for which the return is furnished.
3
In the box opposite the legend “VAT reclaimed in this period on purchases and other inputs” shall be entered the aggregate of all the entries in the tax allowable portion of that part of the value added tax account which relates to the prescribed accounting period for which the return is furnished.
4
Where any correction has been made and a return calculated in accordance with these Regulations then any such return shall be regarded as correcting any earlier returns to which regulation 5 applies.
Diana Seammen
Commissioner of Customs & Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th December 1989


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
Amendment of principal Regulations
2
For Schedule 1 to the Seeds (National Lists of Varieties) (Fees) Regulations 1987 there shall be substituted the provisions set out in the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd February 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th February 1989
Peter Walker
Secretary of State for Wales
21st February 1989
Tom King
Secretary of State for Northern Ireland
23rd February 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Credit and Income Support (General) Amendment Regulations 1989 and shall come into force as follows–
a
regulations 1, 3 to 7 and 9 to 14, on 10th July 1989;
b
regulations 2 and 8, on 4th September 1989.
2
In these Regulations–
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ; and
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 38 of the Family Credit Regulations
2
In regulation 38(2)(f) of the Family Credit Regulations (calculation of grant income) for the sum “£220” there shall be substituted the sum “£234”.
Amendment of Schedules 2 and 3 to the Family Credit Regulations
3
In paragraph 25 of Schedule 2, and paragraph 18 of Schedule 3, to the Family Credit Regulations (income other than earnings and capital to be disregarded) for the words from “under section 1” to the end of each paragraph there shall be substituted the words “by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).”.
Amendment of regulation 13 of the Income Support Regulations
4
In regulation 13(2) of the Income Support Regulations (circumstances in which persons in relevant education are to be entitled to income support) for sub-paragraph (d) there shall be substituted the following sub-paragraph–
d
of necessity has to live away from his parents or any person acting in the place of his parents because–
i
he is estranged from his parents or that person; or
ii
he is in physical or moral danger; or
iii
there is a serious risk to his physical or mental health;
.
Amendment of regulation 18 of the Income Support Regulations
5
In regulation 18(1)(b) of the Income Support Regulations (polygamous marriages) for the reference “and (1)(c)” there shall be substituted the reference “and (1)(e)”.
Amendment of regulation 22 of the Income Support Regulations
6
In regulation 22(1)(a) of the Income Support Regulations (reductions in applicable amounts)–
a
in head (i) for the reference “paragraph 1(1)(a)” there shall be substituted the reference “paragraph 1(1)(a), (b) or (c), as the case may be,”;
b
in head (ii) for the reference “paragraph 1(1)(b)” there shall be substituted the reference “paragraph 1(1)(d)”;
c
in head (iii) for the reference “paragraph 1(1)(c)” there shall be substituted the reference “paragraph 1(1)(e)”.
Amendment of regulation 41 of the Income Support Regulations
7
In regulation 41(3) of the Income Support Regulations (capital treated as income) for the words “section 1 of the Child Care Act 1980” to the end of that paragraph there shall be substituted the words “section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) shall be treated as income”.
Amendment of regulation 62 of the Income Support Regulations
8
In regulation 62(2)(g) of the Income Support Regulations (calculation of grant income) for the sum “£220” there shall be substituted the sum “£234”.
Amendment of regulation 71 of the Income Support Regulations
9
In regulation 71(1) of the Income Support Regulations (applicable amount in urgent cases)–
a
in sub-paragraph (a)(iii) for the reference “paragraph 15(2) or (3) of Schedule 2 (pensioner premiums)” there shall be substituted the reference “Part II or III of Schedule 2 (premiums)”;
b
in sub-paragraph (d)(ii) for the reference “paragraph 9 or 10 of Schedule 2” there shall be substituted the reference “Part II or III of Schedule 2”
Amendment of Schedule 1A to the Income Support Regulations
10
In Schedule 1A to the Income Support Regulations (circumstances in which a person aged 16 or 17 is eligible for income support) after paragraph 9 there shall be inserted the following paragraph–
9A
A registered person who of necessity has to live away from his parents or any person acting in the place of his parents because–
a
he is estranged from his parents or that person; or
b
he is in physical or moral danger; or
c
there is a serious risk to his physical or mental health.
.
Amendment of Schedule 2 to the Income Support Regulations
11
In paragraph 1 of Schedule 2 to the Income Support Regulations (applicable amounts)–
a
for sub-paragraphs (1) and (2) there shall be substituted the following sub-paragraphs–
1
Single claimant aged–
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
1
a
£20.80;
b
less than 18 who is a person to whom Part II of Schedule 1A applies and who–
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
b
£27.40;
c
less than 18 who is a person to whom Part I of Schedule 1A applies and who, had he been a registered person, would satisfy any of the conditions in Part II of that Schedule and who–
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
c
£27.40;
d
not less than 18 but less than 25;
d
£27.40;
e
not less than 25.
e
£34.90;
2
Lone parent aged–
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
2
a
£20.80;
b
less than 18 who is a person to whom Part II of Schedule 1A applies and who–
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
b
£27.40;
c
less than 18 who is a person to whom Part I of Schedule 1A applies and who, had he been a registered person, would satisfy any of the conditions in Part II of that Schedule and who–
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
c
£27.40;
d
not less than 18.
d
£34.90.
.
b
in sub-paragraph (3)–
i
after head (a) there shall be inserted the following head–
aa
where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple is a person to whom Part II of Schedule 1A applies or who, had he been a registered person, would satisfy any of the conditions in that Part and that member–
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act.
aa
£27.40.
.
ii
in head (b) after the reference “sub-paragraph (3)(a)” there shall be inserted the reference “or (aa)”.
Amendment of Schedules 9 and 10 to the Income Support Regulations
12
In paragraph 28 of Schedule 9, and paragraph 17 of Schedule 10, to the Income Support Regulations (income other than earnings and capital to be disregarded) for the words from “any payment made” to the end of each paragraph there shall be substituted the words “any payment made by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).”.
Transitional provision
13
Where, immediately before the coming into force of regulation 4 of these Regulations, a person was entitled to income support by virtue of paragraph (2)(d) of regulation 13 of the Income Support Regulations, notwithstanding that he was to be treated as receiving relevant education under regulation 12 of those Regulations, that paragraph shall continue to apply to him as if the substitution made by regulation 4 of these Regulations had not been made for so long as he continues to satisfy the other conditions of entitlement to income support.
Revocation of regulation 4 of the Income Support (General) Amendment Regulations 1989
14
Regulation 4 of the Income Support (General) Amendment Regulations 1989 shall be revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
22nd June 1989


text:
1
These Regulations may be cited as the Revenue Support Grant (Specified Bodies) Regulations 1989 and shall come into force on 19th December 1989.
2
The Fire Service College is hereby specified pursuant to section 76(4) of the Local Government Finance Act 1988.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd November 1989


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980–
a
a special road along the route described in Schedule 1 to this Scheme (this special road being in this Scheme referred to as“the Motorway”), and
b
special roads along the routes described in Schedule 2 to this scheme for the purposes of connecting the Motorway with other highways at the places stated in that schedule (these special roads being in this Scheme referred to as“the connecting roads”).
2
The centre line of the Motorway and of each of the connecting roads is indicated by a heavy black line on the deposited plan.
3
These special roads shall become trunk roads on the date on which this Scheme comes into force.
4
In this Scheme:–
1
all measurements of distance are measured along the route of the relevant highway;
2
“the deposited plan” means the plan numbered HA16/YHRO3 marked“The M606 Motorway (Bradford Ring Road to M62 Chain Bar Interchange Section) and Connecting Roads Scheme 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
5
This Scheme shall come into force on 1st April 1989, and may be cited as the M606 Motorway (Bradford Ring Road to M62 Chain Bar Interchange Section) and Connecting Roads Scheme 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
6th March 1989


text:
Citation and commencement
1
This Order may be cited as the Electricity Generators (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 —
“declared net capacity”, in relation to generating plant, means the highest generation of electricity (at the main alternator terminals) which can be maintained indefinitely without causing damage to the plant, less so much of that capacity as is consumed by the plant; and
“generating plant”, in relation to a hereditament, means plant in or on the hereditament which is used or available for use for the purposes of generating electricity.
Application
3
1
This Order applies to any non-domestic hereditament in relation to which the conditions in paragraph (2) are fulfilled, other than a hereditament which falls, by virtue of regulations made under section 53 of the Local Government Finance Act 1988, to be shown on a central rating list.
2
The conditions mentioned in paragraph (1) are that —
a
the hereditament is used or available for use wholly or mainly for the purposes of generating electricity; and
b
the generating plant —
i
has a declared net capacity of 500 kilowatts or more, or
ii
uses wind or water power as its primary source of energy.
Rateable values
4
1
In the case of a hereditament to which this Order applies, paragraphs 2 to 2B of Schedule 6 to the Local Government Finance Act 1988 shall not apply, and its rateable value shall be an amount equal to the sum of either —
a
£6,405 per megawatt of the declared net capacity of the generating plant (where the primary source of energy used by the plant is wind power), or
b
£12,810 per megawatt of its declared net capacity (in any other case),
expressed in each case to the nearest hundredth part of a megawatt.
2
Where (apart from this paragraph) any rateable value determined under paragraph (1) would include a fraction of a pound —
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Chris Patten
Secretary of State for the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
22nd December 1989


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Housing (Change of Landlord) Regulations 1989 and come into force on 5th April 1989.
General interpretation
2
1
In these Regulations —
“ the Act ” means the Housing Act 1988;
“added dwelling-house” means a dwelling-house which is included in the property to which the acquisition relates and which the landlord desired to have included in the acquisition by virtue of section 98(1) (d);
“applicant” means a person who has made an application claiming to exercise the right conferred by Part IV of the Act;
“business tenancy” means a tenancy to which Part II of the Landlord and Tenant Act 1954 applies;
“consultation period” has the meaning given by regulation 14;
“landlord” means a public sector landlord to whom an application has been made to exercise the right conferred by Part IV of the Act;
“relevant date”, in relation to an added dwelling-house, means the date of the service of the section 98(1) notice but, subject to that, has the meaning given by section 93(5);
“section 98(1) notice” means the notice served under section 98(1);
“statutory successor” means a person who succeeds on the death of a secure tenant in accordance with sections 87 to 90 of the 1985 Act;
“teller” has the meaning given by regulation 16(2);
“the time of acquisition” means the time of completion of the grant or lease (as the case may be).
2
References in these Regulations to sections by number are references to sections bearing those numbers in the Act.
PART II
PARTICULARS TO BE SUPPLIED BY THE LANDLORD
Particulars to be included in section 98(1) notice
3
The following particulars are prescribed for the purposes of section 98(1)(g) –
a
details of any property included in the application under section 96(1), or proposed for inclusion in the acquisition by the landlord in its section 98(1) notice, in which the landlord does not hold a fee simple estate;
b
where details of any tenancy or licence of property proposed to be acquired by virtue of section 93(1) (a) were not given to the applicant in the landlord’s notice under section 97(1), the name and address of such tenant or licensee and the general nature of his tenancy or licence;
c
in respect of any property proposed to be acquired by virtue of section 93(1)(b), or proposed for inclusion in the acquisition by the landlord in its section 98(1) notice, the name and address of every tenant or licensee of all or any part of that property and the general nature of his tenancy or licence;
d
in respect of any property which was included in the application under section 96(1) and which was not occupied (whether lawfully or unlawfully) on the relevant date, particulars of its occupation at the date of the service of the section 98(1) notice, including the name and address of any tenant or licensee of that property and the general nature of his tenancy or licence, and details of any other person in occupation whether lawfully or unlawfully.
e
in respect of property included in the application under section 96(1), particulars of any changes in the circumstances of its occupation not reflected in the landlord’s notice under section 97(1) including:–
i
whether the current occupant is a successor to a previous tenant or whether it is unoccupied;
ii
whether the landlord has taken a decision not to enforce an order by which, on the relevant date, the tenant was obliged to give up possession of the dwelling-house in pursuance of an order of the court or would have been so obliged at a date specified in such an order;
f
where any dwelling-house in a building proposed to be acquired under section 93(1)(a) is subject to an approved co-operative management agreement, particulars of that agreement and the address or description of each building or property which is subject to that agreement, indicating in respect of any property proposed to be acquired under section 93(1)(b) whether it is a building containing a dwelling-house subject to that agreement;
g
particulars of any flat which, in the opinion of the landlord, will be required in accordance with regulation 6(2) to be leased back to the landlord because it is occupied by a tenant of a description prescribed by regulation 7(a) to (c), including the circumstances on which the landlord relies in support of its opinion;
h
such particulars of any rights, covenants and conditions and other proposed terms of the conveyance specified by the landlord in its section 98(1) notice as it is necessary to have in order to understand the need for such rights, covenants, conditions or terms.
PART III
DETERMINATION OF DISPUTES
Disputes as to property to be included etc.
4
Any dispute as to any matters stated in a section 98(1) notice shall be determined by the person referred to in section 98(5)(a) in accordance with the provisions prescribed in Schedule 1.
Disputes as to matters relating to price or disposal cost
5
Any dispute as to any matters stated in a notice under section 99(1) shall be determined by the district valuer in accordance with the provisions prescribed in Schedule 2.
PART IV
EXCLUSION OR LEASE BACK OF DWELLING-HOUSES
Exclusion or lease back of dwelling-houses in accordance with section 100
6
1
Any dwelling-house which is a house and is occupied by a tenant to whom section 100(2) applies shall be excluded from the acquisition.
2
Immediately after the acquisition, a lease of any dwelling-house which is a flat and is occupied by a tenant to whom section 100(2) applies or by a tenant of a description prescribed in regulation 7 below shall be granted by the applicant to the landlord.
Tenants prescribed for the purposes of section 100(1)(b)
7
The following descriptions of tenants of flats are prescribed for the purposes of section 100(1)(b) –
a
a tenant whose tenancy is as described in any of paragraphs 2 to 7, 10 or 11 of Schedule 1 to the 1985 Act (tenancies which are not secure tenancies) who was in occupation on the relevant date, unless that tenancy is a business tenancy or a long tenancy;
b
a tenant of a flat which, on the relevant date, was occupied by a secure tenant in the circumstances set out in any of paragraphs 5, 7, or 9 to 11 of Schedule 5 to the 1985 Act (exceptions to the right to buy);
c
a secure tenant who –
i
on the relevant date was obliged to give up possession of the flat in pursuance of an order of the court or was to have been so obliged at a date specified in the order, and
ii
does not satisfy regulation 8(b) below;
d
a statutory successor to a qualifying tenant where the qualifying tenant had been consulted in accordance with section 102 and indicated his wish to continue to occupy the dwelling-house as tenant of the landlord;
e
a statutory successor to a qualifying tenant, where that qualifying tenant occupied on the relevant date but did not give notice in the prescribed manner whether or not he wished to remain a tenant of the landlord, and where that successor within the 21 day period ending at the end of the consultation period has provided the applicant with a certificate from his landlord to the effect that he is such a successor;
f
a qualifying tenant who has, within the 21 day period ending at the end of the consultation period, provided the applicant with a certificate from the landlord to the effect that his tenancy was, after the relevant date, assigned to him by way of exchange, by a qualifying tenant whose tenancy commenced before the relevant date.
Tenants prescribed for the purposes of section 100(2)(b)
8
1
Tenants of the following descriptions are prescribed for the purposes of section 100(2)(b) where they continue to occupy the dwelling-house during the consultation period –
a
a qualifying tenant of an added dwelling-house whose tenancy commenced before the relevant date;
b
a secure tenant who is precluded from being a qualifying tenant by section 93(4)(a) and who, not less than 21 days before the end of the consultation period, has provided the applicant with a certificate from the landlord to the effect that it no longer intends to enforce the possession order against him;
c
a tenant whose tenancy began in the circumstances described in any of paragraphs 4, 5 or 10 of Schedule 1 to the 1985 Act and who, not less than 21 days before the end of the consultation period, has provided the applicant with a certificate from the landlord to the effect that, on the expiry of such period as is mentioned in the relevant paragraph, he has become a secure tenant.
2
A statutory successor to a qualifying tenant who occupied the dwelling-house on the relevant date and who, not less than 21 days before the end of the consultation period, has provided the applicant with a certificate from the landlord to the effect that he is such a successor is also prescribed for the purposes of section 100(2)(b).
PART V
TENANCIES OR LICENCES GRANTED AFTER THE RELEVANT DATE
Tenancies or licences to which section 101 does not apply
9
Section 101 does not apply to –
a
a lease of a dwelling-house granted after the relevant date to a tenant of that dwelling-house whose tenancy commenced before the relevant date;
b
a tenancy or licence granted after the relevant date in respect of a dwelling-house which, on the relevant date, was as described in any of paragraphs 5, 7, or 9 to 11 of Schedule 5 to the 1985 Act;
c
a tenancy or licence of property which the landlord proposes for exclusion in its section 98(1) notice on any of the grounds mentioned in paragraphs (a) to (c) of that provision, being a tenancy or licence granted –
i
where the applicant does not dispute its exclusion, after the expiry of the period of four weeks from the service of that notice, or
ii
where he disputes its exclusion, on the resolution of the dispute in favour of its exclusion.
Notice to applicant of grant of a tenancy or licence to which section 101 applies
10
The landlord shall at the same time as it grants a tenancy or licence to which section 101 applies, serve notice of that grant on the applicant at the address given by it in its notice under section 96.
Notice to tenant or licensee of a tenancy or licence to which section 101 applies
11
The landlord shall, when granting a tenancy or licence to which section 101 applies, give notice of the effect of that section to the tenant or licensee.
Vacant possession
12
1
The landlord shall, on the service of the notice of intention to proceed under section 103(1), serve a notice to quit on each tenant or licensee to whose tenancy or licence section 101 applies.
2
The landlord shall use its best endeavours to secure vacant possession at the date of the grant referred to in section 104(1)(a) of any property which is subject to a tenancy or licence to which section 101 applies, including, if necessary, enforcing the right to recover possession by applying to the court for, and enforcing, an order for possession.
3
If, at the date of such grant, the landlord fails to give vacant possession of any property subject to a tenancy or licence to which section 101 applies, any costs or expenses attributable to the recovery of vacant possession by the applicant and any losses consequent upon the failure of the landlord to give vacant possession shall be recoverable by the applicant as a simple contract debt.
Disapplication of section 101
13
1
Section 101 ceases to apply –
a
when any relevant period (or such period as extended in accordance with section 110(2)) expires without the applicant doing what he is required to do within that period, to all property proposed to be acquired; or
b
where the landlord has specified property in its section 98(1) notice as property to be excluded on the grounds mentioned in paragraphs (a) to (c) of section 98(1), in relation to that property –
i
where the applicant does not dispute its exclusion, on the expiry of the period of four weeks from the service of that notice, or
ii
where it disputes its exclusion, on the resolution of the dispute in favour of its exclusion.
2
Where section 101 ceases to apply to property at any time, the landlord shall forthwith notify the tenant or licensee and may, within the period of four weeks beginning with the date of that notification, serve notice to quit in accordance with section 101(3), but nothing in this regulation shall make a tenancy or licence to which section 101 applies a secure tenancy unless the landlord notifies the tenant or licensee that the tenancy or licence is so to be regarded.
PART VI
CONSULTATION
The prescribed period for consultation
14
The prescribed period for consultation (in these Regulations referred to as “the consultation period”) is the period beginning with –
a
if there is a determination by the district valuer under section 99, notification to the applicant of that determination;
b
if there is no such determination, service of the landlord’s notice under section 99;
and ending at the end of the period of fourteen weeks beginning with the date of the giving of that notification or the service of that notice as the case may be.
Tenants prescribed for the purposes of section 102
15
Tenants of the following descriptions are prescribed for the purposes of section 102 –
a
a tenant who was on the relevant date a business tenant and continued to be such a tenant during the consultation period;
b
a tenant of an added dwelling-house under a long tenancy who occupied the dwelling-house on the date of the service of the section 98(1) notice and continued to occupy it during the consultation period;
c
a qualifying tenant of a dwelling-house who has, not less than 21 days before the end of the consultation period, provided the applicant with a certificate from the landlord to the effect that his tenancy was, after the relevant date, assigned to him by way of exchange, by a qualifying tenant whose tenancy commenced before the relevant date and who did not give notice in the prescribed manner whether or not he wished to remain a tenant of the landlord.
Prescribed provisions as to consultation
16
1
The applicant shall, within seven weeks of the beginning of the consultation period, serve on each tenant to whom section 102 applies who has not given a notification in accordance with paragraph (7) below the information specified in and in accordance with Schedule 3.
2
The applicant shall engage a person independent from him (in these Regulations referred to as the “teller”) to whom the tenants consulted under section 102 shall give notice of whether or not they wish to continue as tenants of the landlord.
3
The applicant shall secure that the teller shall, not sooner than 7 days or later than 10 days from the service of the information described in paragraph (1) above, serve on each tenant referred to in that paragraph (or, where the tenancy is held by two or more persons jointly, those tenants jointly) –
a
a notice for giving notice of his (or their) wishes (in the form prescribed by regulation 3(g) (form 7) of the Housing (Change of Landlord) (Prescribed Forms) Regulations 1989 ) (in this and the following regulation referred to as “the notice of decision”);
b
a description of the provisions in regulation 17 below;
c
a reply paid envelope for return of the notice to the teller by post;
d
a statement as to the nature of his tenancy, and the consequences for him of giving notice of a wish to continue as the tenant of the landlord or of a wish to become a tenant of the applicant, or of giving no notice in the event that the acquisition takes place.
4
The applicant shall secure that anything required by this regulation to be served on the tenant is served on him at his address at the property proposed to be included in the acquisition or, if he notifies the applicant before the service of the information referred to in paragraph (1) above that he wishes to be served at a different address, at that address.
5
The applicant shall secure that, where a tenant served with information in accordance with paragraph (1) above has not within a period of four weeks beginning with the date of service of that information returned the form giving notice of his wishes, the teller shall use his best endeavours to visit the tenant within the consultation period to explain the effect of regulation 17 and the consequences of failure to give notice of his wishes.
6
Where a tenant provides the applicant with a certificate as described in regulation 8(1)(b) or (c), (8)(2) or 15(c) above after the applicant has complied with paragraph (1) above in relation to other tenants, the applicant shall within seven days of that provision serve on the tenant the information specified in Schedule 3, and shall secure that the teller shall, within those seven days, serve on the tenant the items referred to in paragraph (3) above, but the applicant need not comply with paragraph (5) above.
7
Where, before the service of the information referred to in regulation 16(1), a tenant other than a joint tenant notifies the applicant that he will, or is likely to, be absent from the property in which he holds his tenancy during the whole or a substantial part of the period between that notification and the end of the consultation period, and there is no convenient different address for service, the applicant shall, after the beginning of the consultation period, supply that tenant with an absentee’s notice of decision, and a reply paid envelope for the return of the notice to the applicant by post, and where the tenant within the consultation period returns the notice by post or by delivering it to the applicant, he shall give it unopened to the teller.
8
In this and the following regulation “an absentee’s notice of decision” means the notice for giving notice of a tenant’s wishes prescribed by regulation 3(f) (form 6) of the Housing (Change of Landlord) (Prescribed Forms) Regulations 1989.
Prescribed manner for tenants to indicate their wishes
17
1
Subject to paragraph (2) below, a tenant giving notice of his wish to continue as the tenant of the landlord or to become the tenant of the applicant shall complete the decision notice and shall within the consultation period return such notice to the teller by one of the following methods –
a
by post;
b
by delivering the notice to the teller.
2
Where a tenant has been supplied by the applicant with an absentee’s notice of decision in accordance with regulation 16(7) he shall give notice of his wish by completing that notice of decision and returning it by post or by delivering it to the applicant within the consultation period.
PART VII
PRESCRIBED COVENANTS
Covenants under section 103
18
1
An applicant may in all circumstances inform the landlord that he wishes to enter into a prescribed covenant in accordance with section 103(1).
2
The covenant prescribed for the purposes of section 103(1) is a covenant in writing by the applicant to pay the landlord an amount determined in accordance with paragraph (4) on the occasion of any prescribed disposal occurring not more than 15 years after the time of acquisition.
3
A disposal of a dwelling-house to a tenant of that dwelling-house is a disposal prescribed for the purposes of section 103(1)(a).
4
The amount referred to in paragraph (2) is 65 per cent., or such other percentage as may be agreed by the parties, of the total consideration for the disposal of the dwelling-house by the applicant.
PART VIII
REQUIREMENTS OF GRANT OF FEE SIMPLE AND LEASES BACK
Requirements of grant of fee simple and leases back
19
A grant of an estate in fee simple absolute in accordance with section 104(1)(a) or a grant of a lease in accordance with section 104(1)(b) shall comply with the requirements prescribed in Schedule 4.
Nicholas Ridley
Secretary of State for the Environment
6th March 1989
Peter Walker
Secretary of State for Wales
6th March 1989


text:
1
These Regulations may be cited as the Education (Abolition of Corporal Punishment) (Independent Schools) (Prescribed Categories of Persons) Regulations 1989 and shall come into force on 1st November 1989.
2
In these Regulations –
“local authority”, in relation to England and Wales, means a local authority acting in the discharge of any of their functions under any of the enactments specified in Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to the social services committee) or, so long as an order under section 12 of that Act is in force, the Council of the Isles of Scilly,
“independent school” does not include any independent school which falls within a prescribed class for the purposes of section 47(5)(a)(iii) of the Education (No. 2) Act 1986.
3
The following category of persons is hereby prescribed as a prescribed category of persons for the purposes of section 47(6)(d) of the Education (No. 2) Act 1986, namely any person in respect of whom any of the fees payable in respect of his attendance at an independent school are paid by –
a
a local authority;
b
an education authority in Scotland within the meaning of the Education (Scotland) Act 1980 ;
c
a Board constituted by Article 3(1) of the Education and Libraries (Northern Ireland) Order 1986 .
John MacGregor
Secretary of State for Education and Science
5th October 1989
Peter Walker
Secretary of State for Wales


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 2) Order 1989 and shall come into force on 4th September 1989.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment of the principal Order
2
The principal Order is hereby amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition –
“the Council Regulation” means Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 , Council Regulation (EEC) No. 3287/88 , Council Regulation (EEC) No. 4193/88 and Council Regulation (EEC) No. 2220/89 ;
.
Revocation
3
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th August 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
18th August 1989
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
18th August 1989
John Pope
Minister of State for Northern Ireland
23rd August 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order, which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as“the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant slip road is opened for the purpose of through traffic.
4
In this Order–
i
“the deposited plan”means the plan numbered RSE A23/2/65/2/10, marked“The London–Brighton Trunk Road (A23 Warninglid Flyover–South of Bolney Slip Roads) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
ii
“the main new trunk road”means the trunk road to be constructed by the Secretary of State in pursuance of the London–Brighton Trunk Road (A23 Warninglid Flyover–South of Bolney) Order 1987;
iii
“the Trunk Road”means the London–Brighton Trunk Road (A23).
5
This Order shall come into force on 1st September 1989 and may be cited as the London–Brighton Trunk Road (A23 Warninglid Flyover–South of Bolney Slip Roads) Order 1989.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
27th 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
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/CNW226 marked “The A6 Trunk Road (Hazel Grove Diversion) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order.
4
This Order shall come into force on 22nd September 1989 and may be cited as the A6 Trunk Road (Hazel Grove Diversion) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
25th August 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) (Amendment) Order 1989 and shall come into force on 27th November 1989.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Quota Measures) Order 1988 .
Amendment of the principal Order
2
The principal Order is hereby amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition –
“the Council Regulation” means Council Regulation ( EEC ) No. 4194/88 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1989 and certain conditions under which they may be fished as amended by Council Regulations (EEC) Nos. 295/89 and 2278/89 .
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th October 1989.
(L.S.)
John Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
11th Octobr 1989
Peter Walker
Secretary of State for Wales
11th October
Peter Brooke
Secretary of State for Northern Ireland
25th October 1989


text:
Citation and commencement
1
This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 1989 and shall come into force on 22nd May 1989.
Offshore Installations
2
For article 4(2) (definition of“offshore installation”) of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977 (“the 1977 Order ”) there shall be substituted the following provision–
2
In this Article–
“offshore installation” means an offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 which is within territorial waters or a designated area.
Pipelines
3
In article 5(2) of the 1977 Order (definition of“pipeline”)
a
after sub-paragraph (a) in the definition of“pipeline”, there shall be inserted the following sub-paragraph–
aa
any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;
and
b
in sub-paragraph (ii) the words“and is capable of being manned” shall be omitted.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Rules may be cited as the Design Right (Proceedings before Comptroller) Rules 1989 and shall come into force on 1st August 1989.
Interpretation
2
1
In these Rules, unless the context otherwise requires —
“ the Act ” means the Copyright, Designs and Patents Act 1988;
“applicant” means a person who has referred a dispute or made an application to the Comptroller;
“application” means an application to the Comptroller to settle or vary the terms of a licence of right or to adjust the terms of a licence;
“dispute” means a dispute as to any of the matters referred to in rule 3(1); and
“proceedings” means proceedings before the Comptroller in respect of a dispute or application.
2
A rule or schedule referred to by number means the rule or schedule so numbered in these Rules; and a requirement under these Rules to use a form set out in Schedule 1 is satisfied by the use either of a replica of that form or of a form which contains the information required by the form set out in the said Schedule and which is acceptable to the Comptroller.
Proceedings in respect of a dispute
3
1
Proceedings under section 246 of the Act in respect of a dispute as to–
a
the subsistence of design right,
b
the term of design right, or
c
the identity of the person in whom design right first vested,
shall be commenced by the service by the applicant on the Comptroller of a notice in Form 1 in Schedule 1. There shall be served with that notice a statement in duplicate setting out the name and address of the other party to the dispute (hereinafter in this rule referred to as the respondent), the issues in dispute, the applicant’s case and the documents relevant to his case.
2
Within 14 days of the receipt of the notice the Comptroller shall send a copy of the notice, together with a copy of the applicant’s statement, to the respondent.
3
Within 28 days of the receipt by him of the documents referred to in paragraph (2) above, the respondent shall serve on the Comptroller a counter-statement and shall at the same time serve a copy of it on the applicant. Such counter-statement shall set out full particulars of the grounds on which he contests the applicant’s case, any issues on which he and the applicant are in agreement and the documents relevant to his case.
4
Within 21 days of the service on him of the counter-statement, the applicant may serve a further statement on the Comptroller setting out the grounds on which he contests the respondent’s case, and shall at the same time serve a copy of it on the respondent.
5
No amended statement or further statement shall be served by either party except by leave or direction of the Comptroller.
4
1
The Comptroller shall give such directions as to the further conduct of proceedings as he considers appropriate.
2
If a party fails to comply with any direction given under this rule, the Comptroller may in awarding costs take account of such default.
5
1
Unless the Comptroller otherwise directs, all evidence in the proceedings shall be by statutory declaration or affidavit.
2
Where the Comptroller thinks fit in any particular case to take oral evidence in lieu of or in addition to evidence by statutory declaration or affidavit he may so direct and, unless he directs otherwise, shall allow any witness to be cross-examined on his evidence.
3
A party to the proceedings who desires to make oral representations shall so notify the Comptroller and the Comptroller shall, unless he and the parties agree to a shorter period, give at least 14 days' notice of the time and place of the hearing to the parties.
4
If a party intends to refer at a hearing to any document not already referred to in the proceedings, he shall, unless the Comptroller and the other party agree to a shorter period, give 14 days' notice of his intention, together with particulars of every document to which he intends to refer, to the Comptroller and the other party.
5
At any stage of the proceedings the Comptroller may direct that such documents, information or evidence as he may require shall be filed within such time as he may specify.
6
The hearing of any proceedings, or part of proceedings, under this rule shall be in public, unless the Comptroller, after consultation with the parties, otherwise directs.
6
1
Any party to the proceedings may appear in person or be represented by counsel or a solicitor (of any part of the United Kingdom) or, subject to paragraph (4) below, a patent agent or any other person whom he desires to represent him.
2
Anything required or authorised by these Rules to be done by or in relation to any person may be done by or in relation to his agent.
3
Where after a person has become a party to the proceedings he appoints an agent for the first time or appoints an agent in substitution for another, the newly appointed agent shall give written notice of his appointment to the Comptroller and to every other party to the proceedings.
4
The Comptroller may refuse to recognise as such an agent in respect of any proceedings before him–
a
a person who has been convicted of an offence under section 88 of the Patents Act 1949 or section 114 of the Patents Act 1977 ;
b
any individual whose name has been erased from and not restored to, or who is suspended from, the register of patent agents (kept in pursuance of rules made under the Patents Act 1977) on the ground of misconduct;
c
a person who is found by the Secretary of State to have been guilty of such conduct as would, in the case of an individual registered in the register of patent agents, render him liable to have his name erased from the register on the ground of misconduct;
d
a partnership or body corporate of which one of the partners or directors is a person whom the Comptroller could refuse to recognise under sub-paragraphs (a), (b) or (c) above.
7
1
A person who claims to have a substantial interest in a dispute in respect of which proceedings have been commenced may apply to the Comptroller to be made a party to the dispute in Form 2 in Schedule 1, supported by a statement of his interest. He shall serve a copy of his application, together with his statement, on every party to the proceedings.
2
The Comptroller shall, upon being satisfied of the substantial interest of that person in the dispute, grant the application and shall give such directions or further directions under rule 4(1) as may be necessary to enable that person to participate in the proceedings as a party to the dispute.
8
A party (including a person made a party to the proceedings under rule 7) may at any time before the Comptroller’s decision withdraw from the proceedings by serving a notice to that effect on the Comptroller and every other party to the proceedings, but such withdrawal shall be without prejudice to the Comptroller’s power to make an order as to the payment of costs incurred up to the time of service of the notice.
9
After hearing the party or parties desiring to be heard, or if none of the parties so desires, then without a hearing, the Comptroller shall decide the dispute and notify his decision to the parties, giving written reasons for his decision if so required by any party.
Proceedings in respect of application to settle terms of licence of right or adjust terms of licence
10
1
Proceedings in respect of an application to the Comptroller–
a
under section 247 of the Act, to settle the terms of a licence available as of right by virtue of section 237 or under an order under section 238 of the Act, or
b
under paragraph 19(2) of Schedule 1 to the Act, to settle the terms of a licence available as of right in respect of a design recorded or embodied in a design document or model before 1st August 1989, or
c
brought by virtue of paragraph 19(5) of Schedule 1 to the Act, to adjust the terms of a licence granted before 1st August 1989 in respect of a design referred to in sub-paragraph (b) above,
shall be commenced by the service by the applicant on the Comptroller of a notice in Form 3 in Schedule 1.
2
There shall be served with the notice a statement in duplicate setting out–
a
in the case of an application referred to in paragraph (1)(a) or (b) above, the terms of the licence which the applicant requires the Comptroller to settle and, unless the application is one to which rule 13 relates, the name and address of the owner of the design right or, as the case may be, the copyright owner of the design;
b
in the case of an application referred to in paragraph (1)(c) above, the date and terms of the licence and the grounds on which the applicant requires the Comptroller to adjust those terms and the name and address of the grantor of the licence.
3
Within 14 days of the receipt of the notice the Comptroller shall send a copy of it, together with a copy of the applicant’s statement, to the person (hereinafter in this rule referred to as the respondent) shown in the application as the design right owner, copyright owner or grantor of the licence, as appropriate.
4
Within 6 weeks of the receipt by him of the notice sent under paragraph (3) above the respondent shall, if he does not agree to the terms of the licence required by the applicant to be settled or, as the case may be, adjusted, serve a notice of objection on the Comptroller with a statement setting out the grounds of his objection and at the same time shall serve a copy of the same on the applicant.
5
Within 4 weeks of the receipt of the notice of objection the applicant may serve on the Comptroller a counter-statement and at the same time serve a copy of it on the respondent.
6
No amended statement or further statement shall be served by either party except by leave or direction of the Comptroller.
11
Rules 4, 5, 6 and 8 shall apply in respect of proceedings under rule 10 as they apply in respect of proceedings under rule 3.
12
After hearing the party or parties desiring to be heard, or if none of the parties so desires, then without a hearing, the Comptroller shall decide the application and notify his decision to the parties, giving written reasons for his decision if so required by any party.
Settlement of terms where design right owner unknown
13
1
Where a person making an application under rule 10(1)(a) or (b) is unable (after making such inquiries as he considers reasonable) to discover the identity of the design right owner or, as the case may be, the copyright owner, he shall serve with his notice under that rule a statement to that effect, setting out particulars of the inquiries made by him as to the identity of the owner of the right and the result of those inquiries.
2
The Comptroller may require the applicant to make such further inquiries into the indentity of the owner of the right as he thinks fit and, may for that purpose, require him to publish in such a manner as the Comptroller considers appropriate particulars of the application.
3
The Comptroller shall, upon being satisfied from the applicant’s statement or the further inquiries made under paragraph (2) above that the identity of the owner of the right cannot be discovered, consider the application and settle the terms of the licence.
Proceedings in respect of application by design right owner to vary terms of licence
14
1
Where the Comptroller has, in settling the terms of the licence under rule 13, ordered that the licence shall be free of any obligation as to royalties or other payments, the design right owner or copyright owner (as the case may be) may serve on the Comptroller a notice in Form 4 in Schedule 1 applying for the terms of the licence to be varied from the date of his application. There shall be served with the notice a statement in duplicate setting out the particulars of the grounds for variation and the terms required to be varied.
2
Within 14 days of the receipt of the notice the Comptroller shall send a copy of the notice, together with the design right or copyright owner’s statement, to the applicant under rule 10 (hereinafter in this rule referred to as the licensee).
3
The licensee shall, if he does not agree to the terms as required to be varied by the design right or copyright owner, within 6 weeks of the receipt of the notice serve notice of objection on the Comptroller with a statement setting out the grounds of his objection and at the same time shall serve a copy of the same on the design right or copyright owner, as the case may be.
4
Within 4 weeks of the receipt of the notice of objection the design right or copyright owner may serve on the Comptroller a counter-statement, and at the same time shall serve a copy of it on the licensee.
5
No amended statement or further statement shall be served by either party except by leave or direction of the Comptroller.
15
Rules 4, 5, 6 and 8 shall apply in respect of proceedings under rule 14 as they apply in respect of proceedings under rule 3.
16
After hearing the party or parties desiring to be heard, or if none of the parties so desires, then without a hearing, the Comptroller shall decide the application and notify his decision to the parties, giving written reasons for his decision if so required by any party.
General
17
Any document filed in any proceedings may, if the Comptroller thinks fit, be amended, and any irregularity in procedure may be rectified by the Comptroller on such terms as he may direct.
18
1
Any statutory declaration or affidavit filed in any proceedings shall be made and subscribed as follows —
a
in the United Kingdom, before any justice of the peace or any commissioner or other officer authorised by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceedings;
b
in any other part of Her Majesty’s dominions or in the Republic of Ireland, before any court, judge, justice of the peace or any officer authorised by law to administer an oath there for the purpose of any legal proceedings; and
c
elsewhere, before a British Minister, or person exercising the functions of a British Minister, or a Consul, Vice-Consul or other person exercising the functions of a British Consul or before a notary public, judge or magistrate.
2
Any document purporting to have fixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by paragraph (1) above to take a declaration may be admitted by the Comptroller without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration.
3
In England and Wales, the Comptroller shall, in relation to the giving of evidence (including evidence on oath), the attendance of witnesses and the discovery and production of documents, have all the powers of a judge of the High Court, other than the power to punish summarily for contempt of court.
4
In Scotland, the Comptroller shall, in relation to the giving of evidence (including evidence on oath), have all the powers which a Lord Ordinary of the Court of Session has in an action before him, other than the power to punish summarily for contempt of court, and, in relation to the attendance of witnesses and the recovery and production of documents, have all the powers of the Court of Session.
19
The Comptroller may appoint an adviser to assist him in any proceedings and shall settle the question or instructions to be submitted or given to such an adviser.
20
1
The times or periods prescribed by these Rules for doing any act or taking any proceedings thereunder may be extended by the Comptroller if he thinks fit, upon such notice and upon such terms as he may direct, and such extension may be granted although the time for doing such act or taking such proceedings has already expired.
2
Where the last day for the doing of any act falls on a day on which the Patent Office is closed and by reason thereof the act cannot be done on that day, it may be done on the next day on which the Office is open.
21
For the purposes of these Rules the Patent Office shall be open Monday to Friday–
a
between 10.00 a.m. and midnight, for the filing of applications, forms and other documents, and
b
between 10.00 a.m. and 4.00 p.m. for all other purposes,
excluding Good Friday, Christmas Day and any day specified or proclaimed to be a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 .
22
1
The Comptroller may, in respect of any proceedings, by order award such costs or, in Scotland, such expenses as he considers reasonable and direct how, to what party and from what parties they are to be paid.
2
Where any applicant or a person making an application under rule 7 neither resides nor carries on business in the United Kingdom or another member State of the European Economic Community the Comptroller may require him to give security for the costs or expenses of the proceedings and in default of such security being given may treat the reference or application as abandoned.
23
1
Every person concerned in any proceedings to which these Rules relate shall furnish to the Comptroller an address for service in the United Kingdom, and that address may be treated for all purposes connected with such proceedings as the address of the person concerned.
2
Where any document or part of a document which is in a language other than English is served on the Comptroller or any party to proceedings or filed with the Comptroller in pursuance of these Rules, it shall be accompanied by a translation into English of the document or part, verified to the satisfaction of the Comptroller as corresponding to the original text.
24
The fees specified in Schedule 2 shall be payable in respect of the matters there mentioned.
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
27th June 1989
We consent to the fees prescribed in these Rules.
David Maclean
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th July 1989