text:
1
These Regulations may be cited as the Drivers' Hours (Passenger and Goods Vehicles) (Exemption) (Revocation) Regulations 1987 and shallcome into force on 2nd February 1987.
2
— The Drivers' Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1987 are hereby revoked.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
28th January 1987


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Yorkshire Water Authority (Cayton Borehole) Order 1987 and shall come into force on 14th July 1987.
2
This Order shall be included among the enactments which may be cited together as the Yorkshire Water Authority Orders 1974 to 1987.
Interpretation
2
In this Order —
“the Authority” means the Yorkshire Water Authority.
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Yorkshire Water Authority (Cayton Borehole) Order 1987”, one duplicate of which is deposited and available for inspection at the principal office of the Authority 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.
Application of Third Schedule
3
For the purposes of this Order, the provisions of the Third Schedule which are specified in column (1) of Schedule 1 to this Order shall, subject to the modifications set out in column (2) of that Schedule, apply to the undertaking and are hereby incorporated in this Order.
Power to continue, construct and maintain works
4
The Authority may, when they have acquired the necessary land or sufficient rights therein, construct and maintain on and under the land described in Schedule 2 to this Order a borehole together with (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such pumping stations, wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of the said borehole.
Works to form part of undertaking
5
The works authorised by this Order shall for all purposes form part of the undertaking.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Severn-Trent Water Authority (Shelton Borehole) Order 1987 and shall come into force on 24th December 1987.
2
This Order shall be included among the enactments which may be cited together as the Severn-Trent Water Authority Orders 1974 to 1987.
3
In this Order —
“the Authority” means the Severn-Trent Water Authority;
“the deposited plan” means the plan prepared in duplicate signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Severn-Trent Water Authority (Shelton Borehole) Order 1987”, one duplicate of which is deposited and is available for inspection at the offices of the Authority 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 continue, construct and maintain works
2
The Authority, being the owner of the land described in Schedule 1 to this Order, may —
a
continue and maintain the existing borehole on or under that land; and
b
construct and maintain on or under that land (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of the existing borehole.
Works to form part of undertaking
3
The said borehole and any works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of Third Schedule
4
For the purposes of this Order, the provisions of the Third Schedule which are specified in column (1) of Schedule 2 to this Order shall, subject to the modifications set out in column (2) of the said Schedule, apply to the undertaking and are hereby incorporated with this Order.
Signed by authority of the Secretary of State
J.A.L. Gunn
An Under Secretary in the
Department of the Environment
23rd December 1987


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Electricity Supply Industry (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;
“class of hereditaments” means a class of electricity hereditaments in relation to which an amount is specified in each column of the Schedule;
“designated person” means any person named in the Schedule; and in relation to a class of hereditaments “relevant designated person” means the designated person in occupation of that class;
“electricity hereditaments” means non-domestic hereditaments required by virtue of Part 2 of the Schedule to the Central Rating Lists Regulations 1989 to be shown in a central rating list;
“intermediate year”, in relation to a class of hereditaments to which paragraph (a) or (b) of article 6 applies, means any year beginning on or after 1st April 1992 and ending no later than the end of the year in which the rateable value of that class first falls by virtue of any provision in Pat II to be determined in accordance with the standard formula;
“relevant year” means any 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” has the meaning given by article 5;
“year” means a chargeable financial year;
any reference to hereditaments occupied by a person includes a reference to hereditaments which, if unoccupied, are owned by that person, references to occupation being construed accordingly; and
any reference to a company by name is to the company bearing that name at the date of the Central Rating Lists Regulations 1989.
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 electricity hereditaments, paragraphs 2 to 2B of Schedule 6 to the Act shall not apply, and the rateable values of such hereditaments shall be as determined under the following provisions of this Order.
PART II
INITIAL RATEABLE VALUES
Interpretation
5
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;
and in relation to any class of hereditaments —
R is the recalculation factor applicable to that class determined under Part IV in respect of the relevant preceding year;
RV is the rateable value of that class in the relevant preceding year; and
T is the amount specified in relation to a class of hereditaments in column 1 of the Schedule;
U is the recalculation factor applicable to that class determined in accordance with Part IV in respect of the relevant year; and
“the standard formula” means the formula T + U.
Rateable values in 1990/1
6
In relation to each class of hereditaments —
a
Where T is greater than the relevant maximum amount calculated in relation to that class under article 7, the rateable value of that class in the year beginning on 1st April 1990 shall be the relevant maximum amount;
b
where T is less than the relevant minimum amount calculated in relation to that class under article 7, the rateable value of that class in the year beginning on 1st April 1990 shall be the relevant minimum amount;
c
where neither paragraph (a) nor paragraph (b) applies, and in any case where there is no amount specified in relation to the class in column 2 of the Schedule, the rateable value of that class in that year shall be T.
7
The relevant maximum amount in respect of a class of hereditaments is the amount produced by calculating in accordance with the formula —
1.2A M
and the relevant minimum amount in respect of a class of hereditaments is the amount produced by calculating in accordance with the formula —
0.895A M
where
A is the amount specified in relation to that class in column 2 of the Schedule, and M is the non-domestic rating multiplier applicable to that class in pursuance of paragraph 2 of Schedule 7 to the Act.
Increasing rateable values
8
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1990 is determined as provided in paragraph (a) of article 6.
2
The rateable value in the year beginning on 1st April 1991 of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
For the purposes of paragraph (2), where in relation to a class of hereditaments a calculation in respect of that year according to formula 1, that is to say —
RV × 1.2 1 + I - BC + U
produces an amount less than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 1; and in any other case that rateable value shall be the amount calculated n accordance with the standard formula.
9
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1991 falls in pursuance of article 8 to be determined in accordance with formula 1.
2
The rateable value in any intermediate year of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
Where in relation to a class of hereditaments and any such year a calculation in respect of that year according to formula 2, that is to say —
( RV - R ) × 1.2 1 + I - BC + 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 that class of hereditaments in that year shall be the amount calculated in accordance with formula 2; and in any other case it shall be the amount calclated in accordance with the standard formula.
Decreasing rateable values
10
1
This article applies to any class of hereditaments mentioned in the Schedule in relation to which the rateable value in the year beginning on 1st April 1990 is determined as provided in paragraph (b) of article 6.
2
The rateable value in the year beginning on 1st April 1991 of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
For the purposes of paragraph (2), where in relation to a class of hereditaments a calculation in respect of that year according to formula 3, that is to say —
RV × 0.87 1 + I - BC + + U
produces an amount greater that that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments shall be the amount calculated in accordance with formula 3; and in any other case it shall be the amount calculated in accordance with the standard formula.
11
1
This article applies to any class of hereditaments in relation to which the rateable value in the year beginning on 1st April 1991 falls in pursuance of article 10 to be determined in accordance with formula 3.
2
The rateable value in any intermediate year of any class of hereditaments to which this article applies shall be determined in accordance with paragraph (3).
3
Where in relation to a class of hereditaments and any such year a calculation according to formula 4, that is to say —
( RV - R ) × 0.87 1 + I - BC + U
produces an amount greater than that produced by a calculation in accordance with the standard formula, the rateable value of that class of hereditaments in that year shall be the amount calculated in accordance with formula 4; and in any other case it shall be the amount calculated in accordance ith the standard formula.
PART III
GENERAL PROVISION FOR RATEABLE VALUES
12
In the case of —
a
any class of hereditaments to which paragraph (c) of article 6 applies, in any year beginning on or after 1st April 1991,
b
any class of hereditament the rateable value of which falls in pursuance of article 8(3) or 10(3) to be determined in accordance with the standard formula, in any year beginning on or after 1st April 1992, and
c
any class of hereditaments to which article 9 or 11 applies, in any year beginning after an intermediate year,
the rateable value of that class in such a year shall be the amount produced by calculating in respect of that year in accordance with the standard formula.
PART IV
ANNUAL RECALCULATION OF RATEABLE VALUES
Electricity generating hereditaments
13
1
In relation to each class of hereditament mentioned in division A of Part I or division A of Part II of the Schedule, the recalculation factor in respect of any relevant year shall be the figure produced for that class by calculating in accordance with the formula —
£ 12 , 810 ( D - d )
where —
D is the total net capacity of the relevant designated person on 31st March in the relevant preceding year, and
d is the total net capacity of that person on 31st March 1990.
2
In this article —
“total net capacity”, in relation to a designated person, means the total declared net capacity of all generating plant occupied by that person; and
“declared net capacity” 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,
in each case expressed in megawatts to the nearest one hundredth part of a megawatt.
Electricity transmission hereditaments
14
In relation to each class of hereditament mentioned in division B of Part I or division B of Part II of the Schedule, the recalculation factor in respect of any relevant year shall be the figure produced for each class by calculating in accordance with the formula —
T k - KK
where
T is the amount specified in relation to that class in column 1 of the Schedule;
k is the estimated number of circuit kilometres of main transmission line occupied by the relevant designated person on 31st March in the relevant preceding year; and
K is the estimated number of circuit kilometres of main transmission line occupied by that person on 31st March 1990.
Electricity distribution hereditaments
15
In relation to each class of hereditament mentioned in division C of Part I or division C of Part II of the Schedule, the recalculation factor in respect of any relevant year shall be the figure produced by calculating in accordance with the formula —
T v - VV
where
T is the amount specified in relation to that class in column 1 of the Schedule;
v is the estimated installed transformer capacity (measured in kilovolt-amperes) of all the electricity transformation plant occupied by the relevant designated person on 31st March in the relevant preceding year; and
V is the estimated installed transformer capacity (measured in kilovolt-amperes) of such plant on 31st March 1990.
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 Financial Services Act 1986 (Commencement) (No. 7) Order 1987.
2
The provisions of the Financial Services Act 1986 specified in the Schedule to this Order shall come into force on 1st January 1988.
3
The remaining provisions of section 1 of and Schedule 1 to the Financial Services Act 1986 shall come into force on 18th January 1988.
4
The provisions of section 211(3) of the Financial Services Act 1986 shall come into force on 27th February 1988 insorfar as they relate to —
a
paragraph 1(1) to (3) and (5) of Schedule 15 to that Act, and
b
paragraph 16 of that Schedule insofar as it has effect in relation to the provisions of paragraph 1 of that Schedule referred to above
and those provisions of that Schedule shall also come into force on that date.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
14th December 1987


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1987, shall come into force on 6th April 1987.
2
In this Order, the expression “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,326” there shall be substituted the amount “£1,352”.
Amendment of Schedules to the principal Order
3
1
In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement) —
a
for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 hereto;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;
c
for Part IV there shall be substituted the Part set out in Schedule 5 hereto.
2
In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death) —
a
for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 hereto;
b
for the amount “£2,623” in the second column of Table 1B of Part II there shall be substituted the amount “£2,677”;
c
for the amounts “£50.30” and “£11.61” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£51.35” and “£11.85”;
d
for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;
e
for Part III there shall be substituted the Part set out in Schedule 8 hereto.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Merchant Shipping (Prevention and Control of Pollution) Order 1987 and shall come into force on 6th April 1987.
2
Regulation 31 of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 is hereby revoked.
3
1
The Secretary of State may make regulations —
a
for the prevention of pollution by noxious liquid substances for the purpose of giving effect to the said Annex II to the Convention as amended; and
b
for requiring the reporting of incidents involving pollution or the threat of pollution for the purpose of giving effect to the said Protocol I to the Convention as amended; and
c
for applying the requirements of the said Annex II to areas of the sea and other waters within the seaward limits of the territorial waters of the United Kingdom notwithstanding that the said Annex II does not apply to them.
2
Such regulations may in particular include provisions —
a
with respect to the approval of documents and the carrying out of surveys and inspections, and for the issue, duration and recognition of certificates and the payment in connection with such a survey, inspection or certificate of fees of amounts determined with the approval of the Treasury;
b
with respect to the application of the regulations to the Crown and the extra-territorial operation of the regulations;
c
for the extension of any provision of this Order or of the regulations, with or without modification, to any of the Channel Islands, the Isle of Man, any colony and any country or place outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom;
d
that specified contraventions of the regulations shall be offences punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
e
that specified contraventions shall be offences punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale or such less amount as is prescribed by the regulations;
f
for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship for applying section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a ship) with such modifications, if any, as are prescribed by the regulations.
3
Such regulations may —
a
make different provisions for different circumstances;
b
provide for exemptions from any provisions of the regulations;
c
provide for the delegation of functions exercisable by virtue of the regulations; and
d
include such incidental, supplemental and transitional provisions as appear to the Secretary of State to be expedient for the purposes of the regulations.
4
The Statutory Instruments Act 1946 shall apply to regulations made under this Order, and shall so apply as if such regulations were a statutory instrument.
4
Sections 55 to 58 of the Merchant Shipping Act 1970 (which relate to investigations of shipping casualties) shall apply in respect of any discharge from a ship which may have been made in contravention of any regulations made under this Order as they apply in relation to any damage caused by a ship.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the European Assembly Elections (Day of By-election) (Midlands West Constituency) Order 1987 and shall come into force on 23rd January 1987.
2
The by-election to fill the vacancy in the European Assembly constituency of Midlands West shall be held on 5th March 1987.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
14th January 1987


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1987 and shall come into operation on 1st September 1987.
Definitions
2
In these Regulations, unless the context otherwise requires–
“academic authority” means, in relation to an establishment, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“authority” means a local education authority;
“award” includes an award bestowed under previous Awards Regulations;
“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man;
“Certificate in Education” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by Regulation 4;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“establishment” means a university or establishment of further education in the United Kingdom, and “establishment of further education” excludes a university;
“European Community” means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
“highest-cost country” means Finland, Japan, Norway and the United States of America;
“higher-cost country” means Austria, Canada, Denmark, the Republic of Ireland, France, the Federal Republic of Germany, the Netherlands, Sweden and Switzerland;
“high-cost country” means Belgium, Hong Kong, Indonesia, Italy, Luxembourg and the USSR ;
“independent student” has the meaning assigned to it by Regulation 3;
“maintenance grant” has the meaning assigned to it by Regulation 17;
“national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time;
“period of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 or a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s government though not so recognised, and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and an illegitimate child of whom the refugee is the mother or in whose case the refugee has admitted paternity or been adjudged the putative father;
“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award or grant which is paid out of moneys provided by Parliament;
“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April or 1st September according as the academic year of the course in question begins in the spring, the summer or the autumn respectively; and references to the first year of a designated course shall be construed accordingly.
References to independent students
3
1
In these Regulations “independent student” means a student who —
a
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
b
has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
c
has been married for at least three years before the first year of his course or where his course started before 31st August 1987 before the start of his course, in either case whether or not the marriage is still subsisting; or
d
has no parent living.
2
For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which–
a
the student was in receipt of training in pursuance of the Manpower Services Commission’s Training Opportunities Programme, Youth Opportunities Programme, or Youth Training Scheme; or
b
the student was in receipt of unemployment benefit under section 14(1)(a) of the Social Security Act 1975 ; or
c
before 24th November 1980 (when Schedule 2 to the Social Security Act 1980 came into force), the student was registered for employment; or
d
on and after that date but before 18th October 1982, the student was registered and available for employment; or
e
on and after 18th October 1982, the student was available for employment and, if under the age of 18 years, registered for employment; or
f
the student held a State Studentship or comparable award; or
g
the student received sickness benefit, invalidity pension, maternity allowance or severe disablement allowance under section 14(1)(b), 15(1)(b), 22(1) or 36(1) of the Social Security Act 1975 as originally enacted or as amended or statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Social Security Act 1986 ; or
h
the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
3
In this regulation–
a
any reference to a person registered or available for employment is a reference to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976 ;
b
any reference to an enactment contained in the Supplementary Benefits Act 1976 or the Social Security Act 1975 is a reference to that enactment as from time to time in force and includes, in relation to a period before the coming into force of the enactment in question, a reference to the corresponding enactment then in force;
c
“parent” shall have the same meaning as in Part 2 of Schedule 3 to these Regulations.
References to courses
4
1
In these Regulations any reference to a designated course shall be construed as a reference to a course designated by or under regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one designated under regulation 10(1)(d)(ii) or (iii), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
2
In these Regulations any reference to a first degree course, a Dip HE course, a course of initial training for teachers, a course comparable to a first degree course or an international course shall be construed in accordance with regulation 10.
3
In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
4
In these Regulations any reference to a course of advanced further education is a reference to a course such as is listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 .
General construction and interpretation
5
1
In these Regulations, references to payments made to a student include references to payments made to the academic authority in respect of the student by virtue of regulation 25(2).
2
In calculating a person’s income for any year any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment within the meaning of the Income Tax Acts (the necessary apportionment being made in any case where the relevant provisions of those Acts change during the year).
3
For the purposes of these Regulations a person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
4
A person shall be treated, for the purposes of regulation 9(2)(a) or 13, as ordinarily resident in England and Wales, in the British Islands or in the European Community, if the authority are satisfied that he is not, or has not been, so resident at the relevant time only because he, his spouse or his parent, guardian or any other person having actual custody of him during his minority, is, or was, temporarily employed outside England and Wales, outside the British Islands or, as the case may be, outside the European Community, and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person.
5
Except where the context otherwise requires, in these Regulations any reference to a regulation or a schedule is a reference to a regulation contained therein or a schedule thereto; and a reference in a regulation or a schedule to a paragraph is a reference to a paragraph of that regulation or schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
Subject to paragraph (5) the Regulations specified in Schedule 6 are hereby revoked.
2
Without prejudice to section 17(2)(b) of the Interpretation Act 1978 and the definition of “award” in regulation 2, an award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.
3
Where the current academic year of a student’s course began in the spring or summer of 1987 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 1987 shall be the aggregate of–
a
two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1986 had they not been revoked, and
b
one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1987 under these Regulations had the academic year of his course begun in the autumn of 1987 .
4
Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b) and for the purposes of regulation 23; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.
5
The Education (Students' Dependants Allowances) Regulations 1983 revoked by paragraph (1) shall continue to have effect in relation to an allowance payable or paid thereunder in respect of a period falling before the coming into force of these Regulations.
PART II
AWARDS
Duty to bestow an award
7
In pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow an award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 1987 if the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations.
Modification of provisions for determining ordinary residence
8
1
This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962 in the case of a person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarily resident in the area of more than one authority within the period of twelve months ending with the date of the beginning of the course.
2
Any such person as is described in paragraph (1) shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course.
No area students
9
1
This regulation shall apply in the case of such a person as is mentioned in paragraph (2) who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority.
2
The person referred to in paragraph (1) is a person who–
a
is ordinarily resident in England and Wales on the relevant day;
b
is resident in England and Wales on the relevant day and is a national of a member state of the European Community who–
i
entered the United Kingdom wholly or mainly for the purpose of taking up, or of seeking, employment;
ii
during the year preceding the relevant day has been in employment in the United Kingdom for an aggregate period of not less than nine months; and
iii
has applied for an award in respect of a course provided by a vocational training establishment, being a course leading to a qualification which is needed for, or is designed to fit a person for, engagement in a specific profession or trade; or
c
is resident in England and Wales on the relevant day and is the child of a national of a member state of the European Community who–
i
where he is employed on the relevant day, is then in employment in the United Kingdom ; or
ii
where he is not employed on that day (by reason of retirement or otherwise), was last employed in such employment; or
iii
whether or not he is employed on that day, has, during the period of three years ending therewith, been in such employment for an aggregate period of not less than a year.
3
A person to whom this regulation applies shall be treated for the purposes of section 1 of the Education Act 1962 as ordinarily resident–
a
if at any time during the period of two years preceding the relevant day he would have fallen to be treated as belonging to the area of an authority for the purposes of section 31(3) of the Education Act 1980 or of section 51(1) of the Education ( No. 2) Act 1986 or of section 7 of the Education (Miscellaneous Provisions) Act 1953 , in the last such area;
b
if sub-paragraph (a) does not apply but at any time during the said period he was resident in the area of an authority, in the last such area;
c
if neither sub-paragraph (a) nor (b) applies, in the area of the authority in which the establishment providing his course is situate.
4
In paragraphs (2) and (3)–
“child” includes a person adopted in pursuance of adoption proceedings and a step-child;
“qualification” includes authorisation, recognition, registration, enrolment, approval and certification;
“relevant day” means, except in the case specified in paragraph (5), the last day of the month of October, February or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course;
“vocational training establishment” means a further education establishment being a vocational school within the meaning of Article 7 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community .
5
In the case of a refugee, or the spouse or child of a refugee, who entered the United Kingdom on or after the relevant day as defined in paragraph (4), “relevant day” in paragraphs (2) and (3) means–
a
where he had entered the United Kingdom before the day one month earlier than that of the beginning of the term in which he commences his course, the said day or the day on which he applies for an award, whichever is the earlier;
b
where he had not so entered the United Kingdom, the day of the beginning of that term or the day on which he applies for an award, whichever is the earlier.
Designated courses
10
1
The following courses are hereby designated–
a
a first degree course, that is to say–
i
a course provided by an establishment for a first degree of a university or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by an establishment of further education for a first degree of the Council for National Academic Awards;
iii
a course provided either by the Cranfield Institute of Technology or by the Cranfield Information Technology Institute for a first degree of the former;
b
a Dip HE course, that is to say–
i
a course provided by an establishment for the Diploma of Higher Education;
ii
a course provided by an establishment for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
c
a course provided by an establishment of further education for the Higher National Diploma, or the Higher National Diploma of the Business & Technician Education Council;
d
a course of initial training for teachers, that is to say–
i
a course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by an establishment;
ii
a part-time course of teacher training, involving not less than 3 days' attendance a week during the course, for the time being designated for the purposes of this provision by the Secretary of State;
iii
any other course of teacher training, whether part-time or partly full-time and partly part-time, for the time being so designated;
e
a course comparable to a first degree course, that is to say–
i
a course of at least 3 academic years' duration provided by a university for a certificate, diploma or other academic award;
ii
a course for the time being designated for the purposes of this provision by the Secretary of State;
f
an international course, that is to say a course provided by an establishment in the United Kingdom in conjunction with a university, college or other institution in another country for a first degree of a university or a course so provided comparable to a first degree course being, in either case, a course designated for the purposes of this provision by the Secretary of State.
2
In this regulation references to an establishment and an establishment of further education do not include references to establishments of further education which are neither maintained nor assisted by recurrent grants out of public funds.
Conditions
11
1
Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that–
a
an application in writing reaches the authority before the end of the term in which the student commences his course; and
b
the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
2
For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned–
a
where, to the knowledge of the authority, an application has so reached some other authority;
b
where, before the end of the term in which the student commenced his course, it has not become a designated course and the application reaches the authority before the end of the first term after it becomes a designated course;
c
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority before the end of the term of his course first beginning after the date on which the refugee was recognised as a refugee or was accorded asylum; or
d
where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
3
If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
Exceptions relating to attendance at previous courses
12
1
An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.
2
An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by regulation 10(1)(b) or (c) if he has previously–
a
successfully completed a course of teacher training designated under sub-paragraph (d)(ii) or (iii) of regulation 10(1); or
b
attended any other course designated by or under regulation 10(1).
3
An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course of two academic years' duration designated under sub-paragraph (e)(ii) of regulation 10(1) if he has previously attended such a course.
4
Subject to paragraphs (5) to (8), an authority shall not be under a duty to bestow an award on any person where he has previously attended one or more full-time, or satisfactorily completed one or more part-time or correspondence, courses of advanced further education and the aggregate duration of–
a
such full-time courses which he has attended; and
b
the full-time courses equivalent to such part-time or correspondence courses which he has successfully completed,
(ignoring, in the case of a sandwich course, periods of experience) exceeds two academic years; and, for the purposes hereof, a full-time, part-time or correspondence course outside England and Wales which is comparable to a full-time or, as the case may be, part-time course of advanced further education shall be treated as if it were such a course.
5
A previous course shall be disregarded for the purposes of paragraph (4) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
6
A previous course shall be disregarded for the purposes of paragraph (4) if–
a
the student is such a person as is mentioned in regulation 9(2)(c);
b
the previous course was provided by an institution outside the British Islands but within the European Community; and
c
the authority are satisfied–
i
by the student, that he has ceased to attend the previous course without completing it during the year immediately preceding the first year of the course to which his application for an award relates; and
ii
by the academic authority of the establishment providing that course, that it is comparable, in terms of content, to the uncompleted part of the previous course.
7
Nothing in paragraph (4) shall affect the duty of an authority to bestow an award on a person–
a
in respect of his attendance at a course for the post-graduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) unless he has previously attended such a course or successfully completed a course which–
i
was for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or of the Council for National Academic Awards, and
ii
was approved as a course for the initial training of teachers for the purposes of regulation 16(2)(a) of the Schools Regulations 1959 or of any corresponding provision of regulations from time to time in force under section 27 of the Education Act 1980 ;
b
in respect of his attendance at any full-time course of initial training as a teacher of one academic year’s duration, or a comparable part-time course, not within sub-paragraph (a) above, unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of advanced further education or a comparable course outside England and Wales.
8
Nothing in paragraph (4) shall affect the duty of an authority to bestow an award on a person if–
a
he is a refugee, or the spouse or child of a refugee;
b
the previous course was a full-time course provided by an institution outside the British Islands; and
c
he satisfies the authority that he ceased to attend the previous course, without completing it, during the four years immediately preceding his entering the United Kingdom.
9
For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
10
For the purposes of this regulation a person shall only be treated as having attended a course if he has attended either more than one course or one course for more than one term and seven weeks of a second term ; and it is hereby declared that any reference to a person having attended or completed a course shall be construed as a reference to his having done so before or after the coming into operation of these Regulations.
Other exceptions
13
1
An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course–
a
upon a person who has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in regulation 9(2)(b) or (c), has not been so resident in the European Community;
b
upon a person whose residence in the British Islands or, in the case of such a person as is mentioned in regulation 9(2)(b) or (c), in the European Community, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
c
upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Sub-paragraphs (a) and (b) of paragraph (1) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee or was granted asylum, or in the case of the spouse or child of such a refugee.
Transfer of awards
14
1
An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where–
a
subject to paragraph (2), on the recommendation of the academic authority the student commences to attend another course (“the new course”) at the establishment;
b
subject to paragraph (2), with the written consent of the academic authorities of both establishments concerned, given on educational grounds, the student commences to attend a course (“the new course”) at another establishment;
c
subject to paragraph (4), after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
d
on the completion of a course for the Certificate in Education or the degree of Bachelor of Education, the student is admitted to a course of initial training for teachers of the deaf; or
e
subject to paragraph (4), after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education.
2
An award shall not be transferred in pursuance of paragraphs (1)(a) or (b) unless either–
a
the requisite recommendation or consent is given before the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed; or
b
the authority, after consulting the academic authority or authorities concerned, are satisfied that the period which the student in question will ordinarily require for the completion of the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring–
i
in each case, periods of experience which are part of a sandwich course; and
ii
in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the authority would not make any payment for maintenance in respect of that period under regulation 26(1).
3
An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (b) if they are satisfied that when the student applied for it he did not intend to complete the course to which his application related.
4
An award shall not be transferred in pursuance of paragraph (1)(c) or (e) so as to be held in respect of his attendance at a course for the degree of Bachelor of Education if the period which the student in question would ordinarily require for the completion of that course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held, exceeds–
a
five years where the award would be held in respect of a course for the honours degree of Bachelor of Education; or
b
four years where the award would be held in respect of a course for that degree not being an honours degree;
so, however, that where the student has pursued a part-time course, for the purposes hereof account shall only be taken of that proportion of the period for which he pursued that course which the period ordinarily required to complete the full-time course equivalent to the part-time course bears to the period so required to complete the part-time course.
5
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c), (d) or (e) it shall be immaterial whether or not the two courses are provided by the same establishment.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that–
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
if the student does not complete the course within the period ordinarily required, the authority–
may extend the award until the student has completed the course; and
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 26(1).
2
The authority may, after consultation with the academic authority, terminate the award if they are satisfied that the student has either–
a
abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
b
shown himself by his conduct to be unfitted to hold the award.
Supplementary provisions
16
The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
PART III
PAYMENTS
Payments
17
Subject to regulations 16, 23, 26 and 27, the authority shall in respect of each year pay in pursuance of the award–
a
in respect of fees, a sum equal to the aggregate of any such fees payable in respect of the student as are described in Schedule 1;
b
in respect of maintenance–
i
except in a case in which regulation 20, 21, 22 or 24 applies, a grant calculated in accordance with regulation 18 (in these Regulations called “the maintenance grant”);
ii
in a case in which one of those regulations applies (subject to regulation 20(2)) a sum or grant determined in accordance with the regulation in question;
and so much of the sum or grant referred to in sub-paragraph (b) as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of maintenance grant
18
1
The maintenance grant in respect of any year shall be the amount by which the student’s resources fall short of his requirements and for the purposes of ascertaining that amount–
a
the requirements of the student shall be taken to be the aggregate of such of the amounts specified in Schedule 2 as are applicable in his case;
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part 1 of Schedule 3 and any contribution applicable in his case by virtue of Part 2 or 3 of that Schedule.
2
This regulation and Schedules 2 and 3 shall have effect–
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof;
b
where regulation 20 applies, subject as therein provided.
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless the student is a member of a religious order and regulation 21 applies.
2
For the purpose of calculating payments in respect of maintenance under regulation 17(b) in respect of a sandwich year, that regulation and Schedules 2 and 3 shall have effect subject to the provisions of Schedule 5; but no such payments shall be made in respect of a year in which there are no periods of full-time study.
Members of religious orders
21
1
This regulation shall apply where the student is a member of a religious order (“the Order”) unless the course is a course of teacher training designated under regulation 10(1)(d)(iii) and regulation 22 applies.
2
Subject to paragraph (5), the payment in respect of maintenance under regulation 17(b) shall be the sum specified as appropriate in the case of the student in paragraph (3) or (4):
Provided that–
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum so specified and no payment shall be made in respect of a year which includes no periods of full-time study;
where the course is a part-time course of teacher training designated under regulation 10(1)(d)(ii), the payment shall be three-quarters of the sum so specified.
3
In the case of a student who resides at his parents' home or in a house of the Order, the appropriate sum shall be £788 .
4
In the case of any other student, the appropriate sum shall be £1,075 except that, where he is attending a course–
a
at the University of London, or
b
at an establishment within the area comprising the City of London and the Metropolitan Police District
it shall be £1,267 and where he is attending a course in a country outside the United Kingdom it shall be–
£1,651 if that country is a highest-cost country;
£1,459 if that country is a higher-cost country;
£1,267 if that country is a high-cost country; and
£1,075 in any other case.
5
The payment in respect of maintenance, determined as aforesaid, shall, in the case of any student who is attending such a course as is mentioned in paragraph 13(1) of Part 2 of Schedule 2 and for the purposes thereof necessarily incurs expenditure in the purchase of special equipment, be increased by so much of that expenditure as does not during the course exceed £90.
Courses of teacher training
22
1
This regulation shall apply–
a
where the course is a part-time course of teacher training designated under sub-paragraph (d)(ii) or (d)(iii) of regulation 10(1); or
b
where it is a partly full-time and partly part-time one designated under the said sub-paragraph (d)(iii),
unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies.
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(b) shall be a grant equal to three-quarters of the maintenance grant.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(b) shall be–
a
in a year in which the student’s periods of study are all periods of full-time study or in which his aggregate period of full-time study is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of study are all periods of part-time study, the sum of £285 ;
c
in any other year, a sum equal to the aggregate of–
i
the proportion of the maintenance grant which the student’s aggregate period of full-time study in the year, expressed in weeks, bears to 30, and
ii
the proportion of £285 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher, paragraph (3) shall have effect, except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17(b) should be £78 .
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to–
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week.
Assisted students
23
1
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a student in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of–
a
such fees payable in respect of him as are described in Schedule 1; and
b
his requirements for maintenance ascertained in accordance with–
i
Part 1 of Schedule 2,
ii
paragraphs 6 and 7 of Part 2 of that Schedule, and
iii
Parts 3 and 4 of that Schedule.
2
The payments referred to in paragraph (1) are the aggregate payments received by the student–
a
in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962); and
b
if he is in gainful employment, by way of remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence or is relieved of his normal duties for the purpose of attending the course;
except that, if the student’s course is a part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of study are periods of part-time study, any payments by way of remuneration shall be disregarded.
Students provided with free board and lodging
24
1
This regulation shall apply where the student is provided with free board and lodging by the academic authority in accordance with arrangements whereunder charges for board and lodging are made only in the case of students whose resources exceed their requirements (ascertained as provided in regulation (18), unless the student is a member of a religious order and regulation 21 applies.
2
The payment in respect of maintenance under regulation 17(b) shall be a maintenance grant calculated in accordance with regulation 18.
Method of payment
25
1
The authority shall make any payment due under these Regulations in such instalments (if any) and at such times as they consider appropriate: and in the exercise of their functions under this paragraph the authority may in particular make provisional payments pending the final calculation of the award.
2
Any payment in respect of such fees as are described in Schedule 1 may be made to the academic authority but subject thereto all payments shall be made to the student.
3
Where, in pursuance of this regulation, a payment in respect of any period is made in advance or is provisional then, without prejudice to regulation 27 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
Discretionary payments
26
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17(a) or (b) but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
2
Subject to paragraph (3), paragraph (4) shall apply in the case of a student who —
a
has previously attended a course of advanced further education being —
i
a course of up to two academic years' duration, in case the case of one designated by or under regulation 10(1); or
ii
a course of two academic years' duration, in the case of one not so designated,
(ignoring, in the case of a sandwich course, periods of experience) or has previously successfully completed a part-time course corresponding to such a course as is mentioned above (“the previous course”); and
b
holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d), (e) or (f) being a course ordinarily of more than one year’s duration (“the current course”).
3
Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education and a subject thereof is —
a
physics, chemistry or mathematics (or a combination of those subjects); or
b
craft, design and technology; or
c
business studies; or
d
some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.
4
Where this paragraph applies the authority shall only be required to make payments under regulation 17(a) or (b) in pursuance of the award in respect of the current course —
a
where that course is ordinarily of not more than two years' duration, in respect of the final year of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
b
where that course is ordinarily of a greater number of years' duration, in respect of that number less two of the final years of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
but, in respect of any other year of the student’s current course, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17(a) or (b) as aforesaid.
5
In this regulation any reference–
a
to the ordinary duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course (ignoring, in the case of a sandwich course, periods of experience);
b
to the final year or years of a student’s course is, in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course; and
c
to a person’s having attended a course shall be construed as provided in regulation 12(10).
Withholding and reduction of payments
27
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20 or 22 or, in whole or in part, any such payment determined in accordance with regulation 24.
2
In respect of any period–
a
after the termination of an award;
b
during which a student is excluded from attendance at the course by the academic authority; or
c
during which a student is absent from his course without leave,
any payment otherwise due in pursuance of the award shall be reduced by the aggregate sum mentioned in paragraph (4).
3
In respect of any other period being–
a
a period during which a student is absent from his course (other than a period of not more than 28 days due to illness);
b
where an award held in respect of one course is transferred in pursuance of regulation 14 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
c
a period during which the student is detained in pursuance of an order made by any court,
the authority may reduce any payment otherwise due in pursuance of the award by such amount, not exceeding the aggregate sum mentioned in paragraph (4), as having regard to all relevant circumstances they consider appropriate.
4
The sum referred to in paragraphs (2) and (3) is the aggregate of–
a
fees otherwise due that are not payable by reason of the student’s non-attendance; and
b
the appropriate proportion of the balance of any payments in respect of maintenance payable in pursuance of regulation 17(b).


text:
Citation and commencement
1
This Order may be cited as the Teesside Development Corporation (Area and Constitution) Order 1987 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order, “the maps” means the set of maps numbered 1 to 8 entitled “Maps referred to in the Teesside Development Corporation (Area and Constitution) Order 1987”, of which prints signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the councils of the county of Cleveland and the boroughs of Hartlepool, Langbaurgh, Middlesbrough and Stockton-on-Tees.
Designation of urban development area
3
The area comprising the two areas shown on the maps bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Teesside Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Teesside Development Corporation” with eleven members in addition to the chairman and deputy chairman.
Nicholas Ridley
Secretary of State for the Environment
13th April 1987


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 3) Regulations 1987 and shall come into force on 6th April 1987.
Amendment of Regulations
2
1
The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 shall be amended in accordance with the following paragraphs of this regulation.
2
In Part I of Schedule 1 (terms of service for doctors), in paragraph 31(2) there shall be added after head (b) the following: —
c
Part V of, and Schedule 4 to, the Social Security Act 1986 shall be issued in accordance with any regulations made under those provisions of that Act .
.
3
In Schedule 3 (list of prescribed certificates) in column 2 opposite the first three items in column 1 there shall be inserted at the end“Part V of, and Schedule 4 to, the Social Security Act 1986 ( 1986 c. 50) ”.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
11th March 1987


text:
Title and commencement
1
This Order may be cited as the Tayside and Fife Regions and Perth and Kinross District and Kirkcaldy District (Westfield) Boundaries Amendment Order 1987, and shall come into force on 1st April 1987.
Interpretation
2
In the Schedule to this Order any reference to a boundary of a region is a reference to the boundary existing immediately before the commencement of this Order.
Application of regulations
3
The Local Government Area Changes (Scotland) Regulations 1977 shall apply for the purpose of this Order to such extent as may be required to implement the area changes effected by article 4 of this Order.
Area changes
4
That part of Perth and Kinross District in Tayside Region containing the opencastworkings of British Coal and the Lurgi Gas Plant of the British Gas Corporation at Westfield, being the area described in the Schedule to this Order and shown delineated and hatched on the map annexed and signed as relative to this Order, shall be transferred to Kirkcaldy District in Fife Region.
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 46 (Kinross) of Tayside Region and District Ward 29 (East Kinross) of Perth and Kinross District ; and
b
shall form part of Electoral Division 19 (Kinglassie/Cardenden) of Fife Region and District Ward 37 (Kinglassie/Bowhill) of Kirkcaldy District .
Michael Ancram
Parliamentary Under Secretary of State,Scottish Office
New St. Andrew’s House,
Edinburgh
23rd January 1987


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Prescribed Regulations for the Purposes of Increased Penalties) Regulations 1987 and shall come into force on 1st January 1988.
Prescribing of regulations
2
The regulations of the Road Vehicles (Registration and Licensing) Regulations 1971 specified in column (1) of the Table below, the subject matter of which is briefly described in column (2) of the Table, are hereby prescribed for the purposes of paragraph (a) of section 37(3) of the Vehicles (Excise) Act 1971 (as set out in paragraph 24 of Part I of Schedule 7 to that Act).
TABLE
Prescribed Regulations
(1) Regulation (2) Subject matter of regulation
10 Notification of alteration of vehicles 12(1) Notification of change of ownership by previous owner of vehicle 12(2) Notification of change of ownership by new owner of vehicle 13 Notification of change of address of owner of vehicle 14 Notification of destruction or permanent export of vehicle 24(7) Notification of acquisition of vehicle by the Crown, or of transfer of vehicle from one Government Department to another 24(9) Notification of disposal, or destruction or permanent export, of vehicle by the Crown 30 Notification of change of name of business, or of business address, by holder of trade licence 31(2) Return of trade plates 33 Exhibition of trade plates and licences 34 Restriction on use of trade plates and licences
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1987


text:
1
The new highways which the Secretary of State proposes to construct, at Dishforth, in the County of North Yorkshire –
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”),
b
along the routes described in Schedule 2 to this Order which connect the Trunk Road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the A1 slip roads”),
c
along the routes described in Schedule 3 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 link roads”),
shall become trunk roads as from the date when this Order comes into operation.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that –
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order –
1
all measurements of distance are measured along the route of the relevant highways;
2
i
“the deposited plan” means the plan folio, containing one plan, numbered HA 10/CNE98, marked “The (A168) Boroughbridge-Thirsk-Trunk Road (Dishforth Interchange Slip Roads and Link Roads) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street London SW1P 3PY.
ii
“The Trunk Road” means the A1 London-Edinburgh-Thurso Trunk Road.
iii
“the new trunk roads” means the highways referred to in article 1 of this Order.
5
The Boroughbridge-Thirsk Trunk Road (Dishforth Link Interchange and Slip Roads) Order 1986 is hereby revoked.
6
This Order shall come into operation on £xp22nd September£ap 1987 and may be cited as the (A168) Boroughbridge-Thirsk Trunk Road (Dishforth Interchange, Slip Roads and Link Roads) Order 1987.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director
Yorkshire and Humberside Region Department of Transport
23rd July 1987


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 the 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 purpose of through traffic.
4
In this Order: —
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan”
means the plan numbered CSE 206/6B/26/01, marked “The London — Portsmouth Trunk Road A3 (Ham Barn — Petersfield Section) Order 1987” 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; and
iii
“the Trunk Road”
means the London — Portsmouth Trunk Road A3.
5
This Order shall come into force on 5th October 1987 and may be cited as the London — Portsmouth Trunk Road A3 (Ham Barn — Petersfield Section) Order 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
4th September 1987


text:
Citation and interpretation
1
1
This Order may be cited as the Civil Jurisdiction (Offshore Activities) Order 1987.
2
In this Order —
“ the Act ” means the Oil and Gas (Enterprise) Act 1982;
“co-ordinate” means a co-ordinate on European datum (1st Adjustment 1950);
“ Dividing Line ” means the dividing line as defined in Article 1 of the Agreement between the United Kingdom and the Federal Republic of Germany relating to the Delimitation of the Continental Shelf under the North Sea between the two countries, signed in London on 25 November 1971 ;
“installation” includes an installation in transit;
“line”, in relation to any list of co-ordinates in this Order, unless it is otherwise provided, means a loxodromic line;
“relevant act” means an act or omission taking place on, under or above the offshore area in connection with any activity mentioned in section 23(2) of the Act;
“offshore area” means —
tidal waters and parts of the sea adjacent to the United Kingdom up to the seaward limits of territorial waters;
waters in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964; and
in relation to installations which are maintained in waters falling within paragraph (a) or (b) above, waters in a foreign sector of the continental shelf which are adjacent to such waters;
“the Scottish border” means —
in the North Sea, a line —
joining the following co-ordinates —
55° 48' 45"N; 2° 01' 54"W
55° 49' 50"N; 1° 59' 58"W
55° 50' 43"N; 1° 58' 09"W
55° 50' 47"N; 1° 57' 55"W
55° 53' 20"N; 1° 48' 28"W
55° 53' 29"N; 1° 47' 54"W
55° 55' 04"N; 1° 43' 32"W,
then following, in a south easterly direction, the seaward limits of United Kingdom territorial waters until the position 55° 50' 00"N; 1° 27' 31"W, and
then following, in an easterly direction, the parallel of latitude 55° 50' 00"N until its intersection with the Dividing Line;
in the Irish Sea, a line joining the following co-ordinates —
54° 37' 54"N; 3° 50' 46"W
54° 37' 37"N; 3° 51' 04"W
54° 37' 00"N; 3° 52' 04"W
54° 36' 11"N; 3° 53' 51"W
54° 33' 17"N; 4° 00' 10"W
54° 32' 51"N; 4° 01' 06"W
54° 31' 55"N; 4° 03' 08"W
54° 30' 03"N; 4° 04' 24"W,
then following the seaward limit of United Kingdom territorial waters to
54° 30' 22"N; 4° 04' 50"W
54° 30' 00"N; 4° 05' 29"W
54° 30' 00"N; 5° 00' 00"W;
“the Northern Irish border” means a line joining the following co-ordinates —
55° 26' 40"N; 6° 34' 37"W
55° 23' 36"N; 6° 04' 16"W
55° 20' 00"N; 6° 00' 00"W
55° 10' 00"N; 5° 48' 00"W
55° 00' 00"N; 5° 36' 00"W
54° 50' 00"N; 5° 24' 00"W
54° 40' 00"N; 5° 12' 00"W
54° 30' 00"N; 5° 00' 00"W
54° 26' 54"N; 5° 00' 00"W
54° 20' 00"N; 5° 00' 00"W
54° 10' 00"N; 5° 12' 00"W
54° 00' 00"N; 5° 24' 00"W;
“the English area” means such of the offshore area adjacent to England and Wales which lies to the south of the Scottish border and east of the Northern Irish border together with the internal waters of England and Wales in so far as they are tidal or constitute parts of the sea;
“the Scottish area” means such of the offshore area adjacent to Scotland which lies to the north of the Scottish border and east of the Northern Irish border together with the internal waters of Scotland in so far as they are tidal or constitute parts of the sea;
“the Northern Irish area” means such of the offshore area adjacent to Northern Ireland which lies to the west of the Northern Irish border together with the internal waters of Northern Ireland in so far as they are tidal or constitute parts of the sea.
Application of English, Scottish and Northern Irish law
2
Subject to the provisions of any Order made under section 22(1) of the Act with respect to the application of criminal law —
a
the law in force in England and Wales shall apply for the determination of questions arising out of relevant acts taking place in the English area;
b
the law in force in Scotland shall apply for the determination of questions arising out of relevant acts taking place in the Scottish area; and
c
the law in force in Northern Ireland shall apply for the determination of questions arising out of relevant acts taking place in the Northern Irish area.
Jurisdiction
3
1
The High Court shall have such jurisdiction for the determination of any questions arising out of a relevant act which, under Article 2(a) above, fall to be determined in accordance with the law in force in England and Wales as it would have if the relevant act had taken place in England or Wales.
2
The Court of Session shall have such jurisdiction for the determination of any questions arising out of a relevant act which, under Article 2(b) above, fall to be determined in accordance with the law in force in Scotland as it would have if the relevant act had taken place in Scotland.
3
The High Court in Northern Ireland shall have such jurisdiction for the determination of any questions arising out of a relevant act which, under Article 2(c) above, fall to be determined in accordance with the law in force in Northern Ireland as it would have if the relevant act had taken place in Northern Ireland.
Application of Wireless Telegraphy Act 1949 and the Radioactive Substances Act 1960
4
For the purposes of the Wireless Telegraphy Act 1949 , the Radioactive Substances Act 1960 and any regulations or orders under either of those Acts (subject, however, in the case of such regulations or orders made hereafter, to any contrary intention appearing therein) any installation in the English area and any waters in the offshore area within 500 metres of such an installation (not being waters lying in the Scottish or Northern Irish area and within 500 metres of an installation in either of those areas) shall be deemed to be situated in England and Wales; any installation in the Scottish area and any such waters within 500 metres of such an installation (not being waters lying in the English or Northern Irish area and within 500 metres of an installation in either of those areas) shall be deemed to be situated in Scotland; and any installation in the Northern Irish area and any such waters lying within 500 metres of such an installation (not being waters lying within the English or Scottish area and within 500 metres of an installation in either of those areas) shall be deemed to be situated in Northern Ireland.
Commencement
5
This Order shall come into force on 1st February 1988.
G.I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 1987 and shall come into force on the day after the day on which it is made.
2
Articles 4, 5, 6 and 7 of this Order do not extend to Northern Ireland.
3
In this Order “the Act of 1983 ” means the Representation of the People Act 1983.
2
The maximum amount of a candidate’s election expenses at a parliamentary election in a county constituency shall be varied by substituting, for the words “£3,240” and “3.7p” in section 76(2)(a)(i) of the Act of 1983 , the words “£3,370” and “3.8p”, respectively.
3
The maximum amount of a candidate’s election expenses at a parliamentary election in a borough constituency shall be varied by substituting, for the words “£3,240” and “2.8p” in section 76(2)(a)(ii) of the Act of 1983 , the words “£3,370” and “2.9p”, respectively.
4
The maximum amount of a candidate’s election expenses at an election to the Inner London Education Authority shall be varied by substituting, for the words “£620” and “3.7p” in section 76(2)(b)(ia) of the Act of 1983 , the words “£655” and “3.9p”, respectively.
5
The maximum amount of a candidate’s election expenses at a local government election to which section 76(2)(b)(ii) of the Act of 1983 applies shall be varied by substituting, for the words “£144” and “2.9p” in that provision, the words “£150” and “3p” respectively.
6
The maximum amount of a candidate’s election expenses at a ward election in the City of London shall be varied by substituting, for the words “£144” and “2.9p” in section 197(1) of the Act of 1983 , the words “£150” and “3p” respectively.
7
The maximum amount of a candidate’s election expenses at an election by liverymen in common hall shall be varied by substituting, for the words “15p” in section 197(2) of the Act of 1983 , the words “15.8p”.
8
The Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 1986 is hereby revoked.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State Home Office
13th May 1987


text:
1
These Regulations may be cited as the Data Protection (Fees) (No. 2) Regulations 1987 and shall come into force on 11th November 1987.
2
Regulation 2 of the Data Protection Regulations 1985 and the Data Protection (Fees) Regulations 1987 are hereby revoked.
3
The fee payable under section 6(7) of the Data Protection Act 1984 on an application for registration and under section 8(5) of that Act on an application for the renewal of registration shall be £40.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
21st July 1987
We approve these Regulations.
Mark Lennox-Boyd
Michael Neubert
Two of the Commissioners of Her Majesty’s Treasury
23rd July 1987


text:
1
These Regulations may be cited as the Police Cadets (Amendment) Regulations 1987.
2
These Regulations shall come into force on 16th November 1987 and shall have effect for the purposes of regulation 3(a) and (c) as from 1st September 1986.
3
The Police Cadets Regulations 1979( ) shall be amended as follows —
a
in regulation 13 for the words “in Schedule 2 hereto” there shall be substituted the words —
a
in respect of the period beginning with 1st September 1986 and ending with 31st August 1987, in Part I of the Table in Schedule 2 hereto and,
b
in respect of the period thereafter, in Part II of the said Table
;
b
in regulation 17, for the words “£0·50” in paragraph (1) there shall be substituted the words “£1·27”, and for the words “£36” in paragraph (2) there shall be substituted the words “£92”;
c
for the Table in Schedule 2 (scales of pay) there shall be substituted the following Table —
Table
Age London Provinces
Part I — Pay from 1st September 1986 to 31st August 1987 Under 17 years £3,582 a year £3,015 a year 17 years £3,762 a year £3,195 a year 18 years or over £4,125 a year £3,558 a year Part II — Pay from 1st September 1987 Under 17 years £3,762 a year £3,195 a year 17 years £3,954 a year £3,387 a year 18 years or over £4,338 a year £3,771 a year
d
for paragraph 2 of Schedule 3 (charge for board and lodging) there shall be substituted the following paragraph —
2
The annual rate of charge shall be —
a
in the case of a police cadet attached to the City of London or Metropolitan Police force, £480;
b
in any other case, £444.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
5th October 1987


text:
Citation and commencement
1
These Regulations may be cited as the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1987 and shall come into force on 1st February 1988.Interpretation
2
In these Regulations: —
“the 1971 Regulations ” means the Rent Assessment Committees (England and Wales) Regulations 1971( ); and
“the 1981 Regulations ” means the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1981( ).
3
The 1971 Regulations are amended by the addition in regulation 2(2), in the definition of “committee”, after the words “Housing Act 1980” of the words “or by section 13 (determination by rent assessment committees of questions relating to purchase notices) of the Landlord and Tenant Act 1987”.
The 1981 Regulations
4
The 1981 Regulations are amended as follows: —
1
In regulation 2, after the words “Leasehold Reform Act 1967”, insert the words “or under section 13 of the Landlord and Tenant Act 1987”.
2
For regulation 3, substitute the following,
3
The form of application and the particulars prescribed under the following sections of the Leasehold Reform Act 1967 or, as the case may be, the Landlord and Tenant Act 1987 are the following forms and the particulars contained therein: —
a
in the case of an application under section 21(1)(a) of the 1967 Act, FormNo. 1 in the Schedule hereto,
b
in the case of an application under section 21(1)(b) of the 1967 Act, FormNo. 2 in the Schedule hereto,
c
in the case of an application under section 21(1)(c) of the 1967 Act, FormNo. 3 in the Schedule hereto, and
d
in the case of an application under section 13 of the Landlord and Tenant Act 1987, Form No. 4 in the Schedule hereto,or, in each case, a form substantially to the like effect.
.
3
In regulation 5 (2), for the words “not less than 14 days before the said date” substitute the words “not less than 21 days before the said date (or such shorter period as the parties to the proceedings may agree)”.
4
In regulation 10 —
a
in paragraph 1, after the words “inspect the” omit the words “house and”; and
b
in paragraph 4, after the words “any comparable” omit the words “house or” and after the words “apply to” omit the words “house and”.
5
In the Schedule, after Form No. 3, add, as Form No. 4, the form set out in the Schedule to these Regulations.
Nicholas Ridley
Secretary of State for the Environment
14th December 1987
Peter Walker
Secretary of State for Wales
16th December 1987


text:
1
This Order may be cited as the National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 1987, and shall come into force on 3rd March 1987.
2
The National Savings Bank (Investment Deposits) (Limits) Order 1977 shall be amended in Article 4(1) by the addition of the following sub-paragraph:
d
the receipt or crediting of any amount received or credited in contravention of that Article from being treated as having been lawfully received or credited for such period as the Director, in his discretion, thinks appropriate provided that at the time the amount was received or credited the Director was unaware of the contravention and provided also that the Director considers it just and reasonable that the amount should be so treated.
.
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty`s Treasury
2nd March 1987


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) (No. 3) Order 1987 and shall come into force on 6th September 1987.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 9 per cent. per annum.
table
3
The prescribed rate of interest for the purposes of sections 47(1) and 48(2) of the Finance (No. 2) Act 1975 (supplement on overpaid income tax, surtax, capital gains tax, and corporation tax, including advance corporation tax) shall be 9 per cent. per annum.
Peter Lloyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th August 1987


text:
1
These Rules may be cited as the Youth Custody Centre (Amendment) Rules 1987 and shall come into force on 13th August 1987.
2
Rule 5 of the Youth Custody Centre Rules 1983 (which relates to remission of sentence) shall be amended by inserting in paragraph (1) —
a
after the word “exceeding” the words “,in the case of a sentence for a term of more than 12 months,” and
b
after the word “sentences)” the words, “and in the case of a sentence for a term not exceeding 12 months, one-half of that total”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State, Home Office
16th July 1987