text:
1
This Order may be cited as the Data Protection (Subject Access Modification) (Health) Order 1987 and shall come into force on 11th November 1987.
2
In this Order —
“ the Act ” means the Data Protection Act 1984;
“care” includes examination, investigation and diagnosis;
“dental practitioner” and “medical practitioner” mean, respectively, a person registered under the Dentists Act 1984 and the Medical Act 1983 ;
“health authority” has the same meaning as in section 128(1) of the National Health Service Act 1977 ;
“Health Board” has the same meaning as in section 108(1) of the National Health Service (Scotland) Act 1978 ;
“Health and Social Services Board” has the same meaning as in Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“health professional” means any person listed in the Schedule to this Order; and “the subject access provisions” has the meaning which it has for the purposes of Part IV of the Act.
3
1
This Order applies to personal data consisting of information as to the physical or mental health of the data subject if —
a
the data are held by a health professional; or
b
the data are held by a person other than a health professional but the information constituting the data was first recorded by or on behalf of a health professional.
2
This Order is without prejudice to any exemption from the subject access provisions contained in any provision of the Act or of any Order made under the Act.
4
1
The subject access provisions shall not have effect in relation to any personal data to which this Order applies in any case where either of the requirements specified in paragraph (2) below is satisfied with respect to the information constituting the data and the obligations contained in paragraph (5) below are complied with by the data user.
2
The requirements referred to in paragraph (1) above are that the application of the subject access provisions —
a
would be likely to cause serious harm to the physical or mental health of the data subject; or
b
would be likely to disclose to the data subject the identity of another individual (who has not consented to the disclosure of the information) either as a person to whom the information or part of it relates or as the source of the information or enable that identity to be deduced by the data subject either from the information itself or from a combination of that information and other information which the data subject has or is likely to have.
3
Paragraph (2) above shall not be construed as excusing a data user —
a
from supplying the information sought by the request for subject access where the only individual whose identity is likely to be disclosed or deduced as mentioned in sub-paragraph (b) thereof is a health professional who has been involved in the care of the data subject and the information relates to him or he supplied the information in his capacity as a health professional; or
b
from supplying so much of the information sought by the request as can be supplied without causing serious harm as mentioned in sub-paragraph (a) thereof or enabling the identity of another individual to be disclosed or deduced as mentioned in sub-paragraph (b) thereof, whether by the omission of names or other particulars or otherwise.
4
In relation to data to which this Order applies, section 21 of the Act shall have effect as if subsections (4)(b) and (5) were omitted and as if the reference in subsection (6) to the consent referred to in the said section 21 (4)(b) were a reference to the consent referred to in paragraph (2)(b) above.
5
A data user who is not a health professional shall not supply information constituting data to which this Order applies in response to a request under section 21 and shall not withhold any such information on the ground that one of the requirements specified in paragraph (2) above is satisfied with respect to the information unless the data user has first consulted the person who appears to the data user to be the appropriate health professional on the question whether either or both of those requirements is or are so satisfied.
6
In paragraph (5) above “the appropriate health professional” means —
a
the medical practitioner or dental practitioner who is currently or was most recently responsible for the clinical care of the data subject in connection with the matters to which the information which is the subject of the request relates; or
b
where there is more than one such practitioner, the practitioner who is the most suitable to advise on the matters to which the information which is the subject of the request relates; or
c
where there is no practitioner available falling within sub-paragraph (a) or (b) above, a health professional who has the necessary experience and qualifications to advise on the matters to which the information which is the subject of the request relates.
7
Section 21(8) of the Act shall have effect, in relation to data to which this Order applies, as if the reference therein to a contravention of the foregoing provisions of that section included a reference to a contravention of the provisions contained in this Article.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
9th November 1987


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the British Citizenship (Designated Service) (Amendment) Order 1987 and shall come into force on 30th April 1987.
2
In the Schedule to the British Citizenship (Designated Service) Order 1982 (which specifies descriptions of service designated for the purposes of section 2 of the British Nationality Act 1981) after paragraph 11 there shall be inserted the following paragraphs–
12
Service under the Agricultural and Food Research Council.
13
Service in pursuance of an appointment outside the United Kingdom in respect of which the person concerned is on secondment from service under any of the organisations specified in paragraphs 9, 10, 11 and 12 of this Schedule. For this purpose, a person is on secondment from service under such an organisation if, having been serving under such an organisation, he is for the time being in temporary service under arrangements whereby he is to return to service under that organisation when that temporary service ends.
.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
31st March 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (No.2) Order 1987, and shall come into force on 13th August 1987.
2
In this Order —
a
“designated area” means one of the areas described in the Schedule to this Order;
b
“sheep” means an animal of the genus Ovis of whatever age or sex.
Designated incident
2
In the opinion of the Secretary of State food in the areas described in the Schedule to this Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactorsituated at Chernobyl in the Ukraine, USSR.
Designated areas
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated areas
4
No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.
Restrictions on movement
5
No person shall move any sheep from any farm, agricultural holding, agricultural premises, or holding in any of the designated areas.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom —
a
slaughter for human consumption or for use in the preparation of feeding stuffs any sheep that was in a designated area at any time after 12th August 1987; or
b
supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area at any time after 12th August 1987.
J.W.L. Lonie
Assistant Secretary,Scottish Office
New St. Andrew’s House,
Edinburgh
12th August 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Supplementary Benefit (Single Payments) Amendment (No. 2) Regulations 1987 and shall come into force on 17th December 1987.
2
In these Regulations, “the principal Regulations ” means the Supplementary Benefit (Single Payments) Regulations 1981 .
Amendment of regulation 22(1) of the principal Regulations
2
After paragraph (1)(1) of regulation 22 of the principal Regulations (travelling expenses) there shall be added the following sub-paragraph —
m
the journey is undertaken by a close relative of the deceased, in connection with his attendance at the funeral or cremation of the deceased, unless that close relative is the responsible member within the meaning of regulation 7 of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (payments for funeral expenses) or, if a claim were made under that regulation, would be the responsible member.
.
Amendment of regulation 26A of the principal Regulations
3
In regulation 26A of the principal Regulations (exceptionally cold weather) —
a
in paragraph (2)(b) the words “subject to paragraph (3)” shall be omitted.
b
for paragraph (3) there shall be substituted the following paragraphs —
3
Subject to paragraph (3A), where on or after 1st October 1987 a claim in respect of fuel costs is made for a period of exceptionally cold weather and is made within 13 weeks of the end of that period, that claim shall be treated as made in respect of fuel costs for any other such period beginning on or after 17th December 1987 and either falling within 13 weeks prior to the date of that claim or occurring subsequent to the date of that claim and ending before 11th April 1988 and in either case paragraph (2)(b) above shall not apply.
3A
Paragraph (3) shall not apply unless —
a
the conditions for a single payment under this regulation are otherwise satisfied; and
b
the claimant was continuously entitled to a pension or allowance from the first period of exceptionally cold weather in respect of which the claim is made or, if earlier, is treated as made up to the end of the last such period which is the subject of the adjudication officer’s determination.
.
4
For Schedule 2A to the principal Regulations there shall be substituted as Schedule 2A the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Services
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
23rd November 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Road Traffic Accidents (Payments for Treatment) Order 1987 and shall come into force on 1st April 1987.
2
In this Order“ the Act ” means the Road Traffic Act 1972 .
Maximum payments for hospital treatment of traffic casualties
2
Subject to article 4 of this Order, in the proviso to section 154(1) of the Act (maximum amounts of payments under the subsection by authorised insurers or owners of vehicles for hospital treatment of traffic casualties as in-patients or out-patients) for the sum of £1,892.50 there shall be substituted the sum of £2,000.37, and for the sum of £189.25 there shall be substituted the sum of £200.04.
Payments for emergency treatment of traffic casualties
3
Subject to article 4 of this Order, in section 155(1) of the Act (payments by users of vehicles of fees and mileage allowances in respect of emergency treatment) for the sum of £14.19 there shall be substituted the sum of £15.00, and for the sum of 28 pence there shall be substituted the sum of 29 pence.
Application
4
The Order shall apply only where an accident giving rise to death or bodily injury in respect of which a payment is made under section 154 of the Act, or claimed under section 155 of the Act, occurred on or after the coming into force of this Order.
Revocations
5
The Orders specified in the Schedule to this Order are hereby revoked.
Signed by authority of the Secretary of State for Social Services
Edwina Currie
Parliamentary Under Secretary of State,
Department of Health and Social Security
3rd March 1987
Glenarthur
Minister of State, Scottish Office
5th March 1987


text:
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) (No.2) Order 1987 and shall come into force on 4th November 1987.
2
The bodies named in the Schedule to this Order are hereby specified for the purposes of section 444 of the Housing Act 1985.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
29th September 1987
We consent,
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1987


text:
1
This Order may be cited as the A20 Trunk Road (Sidcup Bypass, Bexley and Bromley) (Prescribed Routes) Order 1987 and shall come into force on 28th August 1987.
2
In this Order: —
“the Bypass” means that length of the London Dover Trunk Road (A20) in the London Boroughs of Bexley and Bromley, starting at a point 550 metres east of the eastern kerbline of County Gate and extending in a general southeasterly direction to the western end of the Swanley Bypass, a distance of approximately 5.82 kilometres;
“central reservation” means that part of the Bypass which separates the two carriageways of the Bypass for the safety and guidance of vehicles using that road;
“Frognal Corner” means the intersection of the Bypass with Perry Street (A222) and Chislehurst Road (A222);
“Crittalls Corner” means the intersection of the Bypass with Sevenoaks Way (A224) and Cray Road (A224);
“Frognal Corner eastbound exit slip road” means that length of road which links the eastbound carriageway of the Bypass with the roundabout at Frognal Corner;
“Frognal Corner eastbound access slip road” means that length of road which links the roundabout at Frognal Corner with the eastbound carriageway of the Bypass;
“Crittalls Corner eastbound exit slip road” means that length of road which links the eastbound carriageway of the Bypass with the roundabout at Crittalls Corner;
“Crittalls Corner eastbound access slip road” means that length of road which links the Old Sidcup Bypass spur road at Crittalls Corner with the eastbound carriageway of the Bypass;
“Frognal Corner westbound exit slip road” means that length of road which links the westbound carriageway of the Bypass with the roundabout at Frognal Corner;
“Frognal Corner westbound access slip road” means that length of road which links the roundabout at Frognal Corner with the westbound carriageway of the Bypass;
“Crittalls Corner westbound exit slip road” means that length of road which links the westbound carriageway of the Bypass with the roundabout at Crittalls Corner; and
“Crittalls Corner westbound access slip road” means that length of road which links the roundabout at Crittalls Corner with the westbound carriageway of the Bypass.
3
No person shall cause or permit any vehicle to turn right when entering the Bypass or Sidcup Road from any of the accesses specified in Schedule 1 to this Order.
4
No person shall cause or permit any vehicle to enter or proceed through the gap in the central reservation of Sidcup Road which lies opposite its junction with
a
the access to County Gate Playing Field, Bromley; and
b
Kemnal Road, Bromley.
5
No person causing or permitting a vehicle to proceed in a road specified in column 1 of Schedule 2 to this Order shall cause or permit that vehicle to proceed in any direction other than the direction specified in column 2 of that Schedule.
6
No person shall cause or permit any vehicle, other than one being used for fire brigade, police or ambulance purposes, to make a U-turn through any of the emergency crossing points in the central reservation specified in Schedule 3 to this Order.
7
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden and the prohibitions specified in this Order shall apply only at such times as shall from time to time be indicated by traffic signs.
Signed by authority of the Secretary of State
J.A.L. Dawson
An Assistant Chief Engineer in the
Department of Transport
26th August 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Transfer Values) Regulations 1987 and shall come into force on 27th July 1987.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Pensions Act 1975;
“cash equivalent” has the same meaning as in Part II of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations ;
“member” means a member of a personal pension scheme to whom Part II of Schedule 1A to the Act applies by virtue of the Modification Regulations;
“the Modification Regulations” means the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987 ;
“money purchase benefits” and “personal pension scheme” have the meaning given to those expressions by section 84(1) of the Social Security Act 1986 ;
“protected rights” shall be construed in accordance with Schedule 1 to the Social Security Act 1986;
“receiving scheme” means a scheme under whose rules transfer credits or rights are to be acquired by a member in exercise of his choice under paragraph 13(2)(a) of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations;
“scheme” means occupational pension scheme or personal pension scheme;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme;
and other expressions have the same meaning as in Part II of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations.
Requirements to be satisfied
2
The prescribed requirements referred to in paragraph 13(2)(a) of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations (cash equivalent of member’s rights under a personal pension scheme to be used for acquiring transfer credits or rights under another scheme) are that —
a
the receiving scheme —
i
is approved by the Commissioners of Inland Revenue for the purposes of Chapter II of Part II of the Finance Act 1970 , or
ii
is a statutory scheme as defined in section 26(1) of the Finance Act 1970, or
iii
otherwise satisfies requirements of the Inland Revenue;
b
if the member’s cash equivalent (or any portion of it to be used under paragraph 13(2)(a) of Schedule 1A to the Act, as applied to personal pension schemes by the Modification Regulations) is or includes the cash equivalent of his protected rights then the receiving scheme is one to which a transfer payment in respect of protected rights may be made in accordance with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987 .
Manner of calculation and verification of cash equivalents
3
1
Except in a case to which paragraph (3) below applies, cash equivalents are to be calculated and verified in such manner as may be approved in particular cases by —
a
a Fellow of the Institute of Actuaries; or
b
a Fellow of the Faculty of Actuaries; or
c
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees of the personal pension scheme in question, as being a proper person to act for the purposes of these regulations in connection with that scheme,
and in paragraph (2) below “actuary” means any person such as is referred to in sub-paragraph (a), (b) or (c) of this paragraph.
2
Except in a case to which paragraph (3) below applies, cash equivalents are to be calculated and verified by adopting methods and making assumptions which —
a
if not determined by the trustees of the personal pension scheme in question, are notified to them by an actuary; and
b
are certified by an actuary to the trustees of the scheme as being consistent —
i
with the requirements of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations, and
ii
with “Retirement Benefit Schemes — Transfer Values (GN11)”, published by the Institute of Actuaries and the Faculty of Actuaries and current at the date of the calculation.
3
Where a member’s cash equivalent, or any portion of it —
a
represents his rights to money purchase benefits under the personal pension scheme in question; and
b
those rights do not fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits,
then that cash equivalent, or that portion of it, shall be calculated and verified in such manner as may be approved in particular cases by the trustees of the scheme, and by adopting methods consistent with the requirements of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations.
Increases and reductions of cash equivalents
4
1
If the whole or any part of the benefits referred to in paragraph 12(1) of Schedule 1A to the Act, as applied to personal pension schemes by the Modification Regulations, is or has been surrendered, commuted or forfeited before the trustees of the personal pension scheme do what is needed to comply with what the member requires, the cash equivalent shall be reduced in proportion to the reduction in the total value of the benefits.
2
If the trustees of a personal pension scheme fail without reasonable excuse to do what is needed to carry out what a member of the scheme requires within 6 months of the relevant date, that member’s cash equivalent shall be increased by —
a
the interest on that cash equivalent, calculated on a daily basis over the period from the relevant date to the date on which the trustees carry out what the member requires, at the same rate as that payable for the time being on judgment debts by virtue of section 17 of the Judgment Act 1838 ; or, if it is greater,
b
the amount, if any, by which that cash equivalent falls short of what it would have been if the relevant date had been the date on which the trustees carry out what the member requires.
3
In a case where both paragraphs (1) and (2) of this regulation fall to be applied to a calculation, they shall be applied in the order in which they occur in this regulation.
4
In this regulation “the relevant date” has the same meaning as in paragraph 12(2) of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
1
The M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No 1) Scheme 1984 (hereinafter referred to as “the principal scheme”) is hereby varied so that —
a
in article 5(2)(i), after the word “inclusive,”, there are inserted the words “and the plan folio numbered HA 16/1 WMRO(L) XVII marked The M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No 1) Scheme 1984 Variation Scheme 1987, containing a map lettered C2, each”;
b
in paragraph 3 of Schedule 1 —
i
for the words “the route diverging for a distance of about 1500 metres and merging as indicated on the deposited plan, the motorway comprising both of the routes,” there are substituted the words “under the Kineton Railway”, and
ii
for the words “on Plan C” there are substituted the words “on Plans C and C2”; and
c
on the map lettered C in the deposited plan, the heavy black lines between the footpath adjacent to Gaydon Hill Farm and the footpath adjacent to Little Dassett Farm are deleted.
2
For the purposes of article 3 of the principal scheme (date on which special roads are to become trunk roads), in relation to the special road along the route shown on the map lettered C2 in the deposited plan the date shall be date when this Scheme comes into force.
3
This Scheme shall come into force on 2nd July 1987 and may be cited as the M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No 1) Scheme 1984 Variation Scheme 1987.
Signed by the Authority of The Secretary of State
Hugh Ellis-Rees
Regional Director West Midlands Region
Department of Transport
10th June 1987


text:
1
The Bedfordshire County Council (Leighton-Linslade Southern Bypass Yttingaford Bridge) Number Two Scheme 1985 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of this Scheme with its accompanying plans are deposited at the offices of the Department of Transport, and at the offices of the County Secretary and Solicitor, Bedfordshire County Council at County Hall, Bedford.
3
The Scheme will come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Bedfordshire County Council (Leighton-Linslade Southern Bypass Yttingaford Bridge) Number Two Scheme 1985 Confirmation Instrument 1987.
Signed by authority of Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
13th November 1987


text:
Citation and commencement
1
This Order may be be cited as the Cardiff Bay 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 map” means the map entitled “Map referred to in the Cardiff Bay Development Corporation (Area and Constitution) Order 1987”, of which a print, signed by an Under Secretary in the Welsh Office, has been deposited and is available for inspection at each of the following offices, that is to say, the offices of the Secretary of State for Wales, South Glamorgan County Council, Cardiff City Council, Vale of Glamorgan Borough Council and Penarth Town Council.
Designation of urban development area
3
The area shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area (in this Order referred to as “the development area”).
Establishment of the Cardiff Bay Development Corporation
4
For the purposes of regenerating the development area there is hereby established an urban development corporation named “The Cardiff Bay Development Corporation” with eleven members in addition to the chairman and deputy chairman.
Nicholas Edwards
Secretary of State for Wales
6th January 1987


text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and the length thereof marked B on the said plan shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Somerset that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/2 SWM38 marked “The Bath to West of Southampton Trunk Road A36 (Beckington Bypass) (Detrunking) 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;
iii
“the new trunk road”
means the highway to be constructed by the Secretary of State in pursuance of the Bath to West of Southampton Trunk Road A36 (Beckington Bypass) Order 1987; and
iv
“the Trunk Road”
means the Bath to West of Southampton Trunk Road A36.
3
This Order shall come into force on 8th January 1988 and may be cited as the Bath to West of Southampton Trunk Road A36 (Beckington Bypass) (Detrunking) Order 1987.
Signed by authority of the Secretary of State.
G. M. Wedd
Regional Director South West Region
Department of Transport
27th November 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Irish Republic (Termination of 1927 Agreement) Order 1987 and shall come into force on 1st January 1988.
2
In this Order “the 1927 Agreement” means the Agreement with respect to the registration and control of dentists set out in Part II of the Schedule to the Medical and Dentists Acts Amendment Act 1927.
Repeals and modification of enactments
2
In consequence of, or in connection with, the termination on 1st July 1987 of the 1927 Agreement —
a
the enactments specified in column (1) of the Schedule to this Order are hereby repealed to the extent specified in column (2) thereof,
b
in section 4(1)(a) of and paragraph 2(3)(d) of Schedule 1 to the Dentists Act 1984 for the word “Ireland” there shall be substituted the words “Northern Ireland”.
Preserved rights and transitional provisions relating to registration
3
1
A person who immediately before the coming into force of this Order was entitled to be or was registered under section 15(1)(a) of the Dentists Act 1984 by virtue of a qualification awarded in the Republic of Ireland shall not cease to be so entitled or so registered by reason only of the repeal by Article 2(a) of this Order of part of section 3(3) of the Dentists Act 1984.
2
A person who before 1st January 1994 is awarded a qualification by a university or other body in the Republic of Ireland which but for the said repeal would have entitled him to be registered under section 15(1)(a) of the Dentists Act 1984 shall, if he applies in accordance with paragraph (3) of this Article, be entitled to be so registered as if section 3(3) of that Act remained fully in force, provided that he commenced the course of training leading to that qualification before the coming into force of this Order.
3
An application for registration by a person entitled to be registered under paragraph (1) or (2) of this Article shall be made to the Registrar of the General Dental Council and any application for registration under the said paragraph (2) shall be made not later than 1st January 1994.
Continuance in office of members of the General Dental Council
4
The member of the General Dental Council elected as mentioned in paragraph 2(3)(d) of Schedule 1 to the Dentists Act 1984 by the dentists whose addresses in the register are in Ireland shall not by reason only of the modification of any enactment made by Article 2(b) of this Order cease to be such a member.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Forest Spring, Storr, Skye) Water Order 1987 and shall come into force on 7th August 1987.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plan” means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked “The Highland Regional Council (Forest Spring, Storr, Skye) Water Order 1987 Plans and Section of Works”, one copy of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purposes of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain for the purpose of providing a supply of water within their limits of supply when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order the Council may, for the purposes of the undertaking and by means of the works, take water from the stream having its source at the spring known as Forest Spring, Storr in the Skye and Lochalsh District in the Highland Region.
5
1
During the construction of the works the Council may take from the said ForestSpring such water as they may require for such construction.
2
After the completion of the works the Council shall not take from the said stream a quantity of water greater than 1000 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 3).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and one copy of the deposited plan.
Alasdair Paton
Deputy Chief Engineer,Scottish Office
New St. Andrew’s House,
Edinburgh
31st July 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) Amendment Regulations 1987 and shall come into force on 27th July 1987.
2
In these Regulations, “the principal Regulations ” means the Occupational Pension Schemes (Contracting-out) Regulations 1984 .
Amendments to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 3 (notices by employers of intended elections for the issue of contracting-out certificates), for paragraph (4) there shall be substituted the following paragraph —
4
A notice may specify a date of expiry —
a
which is —
i
earlier than the date 3 months after, but
ii
not earlier than the date one month after,
that on which the notice is given; and
b
which is assented to in writing by all independent trade unions (if any) recognised to any extent for the purpose of collective bargaining in relation to the earners concerned.
.
3
In regulation 6 (information to be included in an election) —
a
for paragraph (2)(b) there shall be substituted the following sub-paragraph —
b
a statement by the employer that he has, in accordance with regulation 3(1), given the earners mentioned in regulation 3(1)(a) notice of the intention to make the election;
; and
b
in paragraph (2)(c) there shall be added at the end the words “and its date of expiry”.
4
In regulation 10 (making of elections by employers for the variation or surrender of contracting-out certificates), for paragraph (3)(c) there shall be substituted the following sub-paragraph —
c
specify the date of expiry of the notice, which shall be —
i
at least 3 months after the date on which the notice is given, or
ii
a shorter period, being at least one month after that date, if that shorter period is assented to in writing by all independent trade unions (if any) recognised to any extent for the purpose of collective bargaining in relation to the earners concerned;
.
5
In regulation 41 (conditions in connection with alteration of rules of contracted-out schemes) —
a
in paragraph (4)(c), for the words “approved by the Board and assented to” there shall be substituted “it is a date not earlier than one month from the date of the giving of the notice and it is assented to in writing”; and
b
paragraph (4)(d)(i) shall be omitted.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 6) Order 1987.
2
Section 24(1) of the Housing and Planning Act 1986 insofar as it relates to paragraph 8 (grants for affording tax relief to housing associations) of Schedule 5 to that Act shall come into force on 22nd September 1987.
Nicholas Ridley
Secretary of State for the Environment
25th August 1987
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
27th August 1987
Malcolm Rijkind
Secretary of State for Scotland
1st September 1987


text:
1
These Regulations may be cited as the Industry Act 1972 (Amendment) Regulations 1987 and shall come into force on 11th November 1987.
2
Section 10(1) of the Industry Act 1972 is hereby amended by the substitution for the words “in the United Kingdom” of the words “in any member State”.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Trade and Industry
14th October 1987


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions of Employment) Order 1987 and shall come into force on 30th April 1987.
Interpretation
2
In this Order —
“authority” means local education authority;
“head teacher” and “deputy head teacher” mean the teachers appointed to those posts in a primary or secondary school maintained by an authority;
“school teacher” has the same meaning as in the Teachers' Pay and Conditions Act 1987.
Application
3
This Order applies to all school teachers, including head teachers and deputy head teachers.
Conditions of Employment
4
The conditions of employment of all head teachers and deputy head teachers shall include the conditions set out respectively in Schedules 1 and 2 to this Order; and a teacher designated second master or second mistress in a school shall be deemed for the purposes of this article and article 5 to be a deputy head teacher.
5
The conditions of employment of all school teachers other than head teachers shall include the conditions set out in Schedule 3 to this Order, save that the conditions set out in paragraph 4 of that Schedule shall not apply to deputy head teachers.
Pay
6
It is hereby directed that the document published by Her Majesty’s Stationery Office on 7th October 1983 entitled “Scales of Salaries for Teachers: Primary and Secondary Education, England and Wales 1983” as amended by the Orders specified in Schedule 4 hereto (“the 1983 Document ”) shall have effect, as from 1st January 1987, for the purpose of determining the remuneration of school teachers in England and Wales subject however to the amendments set out in Schedule 5 hereto and to Article 7.
Transitional Provision
7
Where the salary (including allowances) of any teacher payable by virtue of the 1983 Document (as amended by this Order) (“the new salary”) would but for this article be less than the salary (including allowances) which he was being paid on 31st December 1986 (“the old salary”) the teacher shall continue to be paid the old salary until such time as the new salary that would be payable but for this article equals or exceeds the old salary.


text:
1
These Regulations may be cited as the Northern Ireland (Prescribed Area) Regulations 1987 and shall come into force on 5th January 1988.
2
In the Customs and Excise Management Act 1979 “prescribed area” shall mean the area in Northern Ireland adjoining and within twenty miles of the land boundary of Northern Ireland.
3
The Northern Ireland (Prescribed Area) Regulations 1953 are revoked.
Bryce Knox
Commissioner of Customs and Excise
King’s Beam House,
Mark Lane,
London,
EC3R 7HE
8th December 1987


text:
1
For the purpose of connecting the motorway with other highways, so as to effect junctions at the places stated in the schedule hereto, the Secretary of State is authorised to provide along the routes described in the said schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre lines of the special roads are indicated by heavy black lines on the site plans numbered 1 to 3 in the deposited plan.
3
The special roads, insofar as they will consist of newly constructed road, shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme —
i
“the motorway”
means the special road to be provided in pursuance of the M3 Motorway (Compton — Bassett Section) Scheme 1987 ;
ii
“the deposited plan”
means the plan numbered RSE M3/5A/65/1/4 marked “The M3 Motorway (Compton — Bassett Section) Connecting Roads Scheme 1987”, containing 3 maps bound together, and numbered 1 — 3 inclusive, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY; and
iii
“the special roads”
means all the special roads which the Secretary of State is authorised by this Scheme to provide.
5
This Scheme shall come into force on 21st August 1987 and may be cited as the M3 Motorway (Compton — Bassett Section) Connecting Roads Scheme 1987.
Signed by authority of the Secretary of State.
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
23rd July 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Widow’s Benefit) Transitional Regulations 1987 and shall come into force on 11th April 1988.
2
In these Regulations —
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1986 Act ” means the Social Security Act 1986.
Widow’s Allowance
2
In the case of a woman whose husband died before 11th April 1988, the provisions of the 1975 Act relating to widow’s allowance shall continue to apply to her as though —
a
the following provisions of the 1986 Act had not been enacted, that is to say, section 36(1) and (2) and section 86 in so far as it relates to Schedule 10, paragraphs 63 and 66, and
b
the following provisions of the 1975 Act had not been repealed —
i
in section 12(2), the words “and widow’s allowance”;
ii
in section 13(1), the entry relating to widow’s allowance;
iii
in section 25(3) the words “and for which she is not entitled to widow’s allowance”;
iv
in section 26(3) the words “a widow’s allowance or”;
v
section 41(2)(e);
vi
in Schedule 3, Part II, the words in paragraph 8(2)(a) “other than widow’s allowance” and in paragraphs 9 and 10 the words “(other than widow’s allowance)”; and
vii
in Schedule 4, Part I, paragraph 5, and in Part IV, paragraph 4.
Widow’s Pension
3
1
Subject to paragraph (2) below, where
a
a widow’s pension is payable to a woman for a period which includes the whole or part of the week ending 10th April 1988, or would have been so payable but for any of the following provisions of the 1975 Act, that is to say, the proviso to section 26(3) (widow’s pension not payable after remarriage), section 82(5)(b) (benefit not payable while person is imprisoned) or section 85 (overlapping benefits) or the regulations made thereunder; and
b
the woman was under the age of 55 either at her husband’s death or at the time she ceased to be entitled to a widowed mother’s allowance,
section 26 of the 1975 Act shall apply to her as though section 36(3) of the 1986 Act had not been enacted.
2
Where on or after 11th April 1988 widow’s pension ceases to be payable to a woman mentioned in paragraph (1) above because entitlement to a widowed mother’s allowance arises in her case, that paragraph shall not thereafter apply to her.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
25th September 1987


text:
1
These Regulations may be cited as the General Betting Duty (Amendment) Regulations 1987 and shall come into force on 29th March 1987.
2
1
For regulation 13(2) of the General Betting Duty Regulations 1986 there shall be substituted the following–
2
A return under this regulation shall be made monthly in the form numbered 4 in the Schedule to these Regulations and such return shall be furnished not later than the 15th day following the end of the month to which it relates.
.
2
The form numbered 3 in the Schedule to the General Betting Duty Regulations 1986 shall be omitted.
3
This regulation does not apply in respect of bets made before 29th March 1987.
Peter Jefferson-Smith
Commissioner of Customs and Excise
King’s Beam House,
Mark Lane,
London EC3R 7HE
3rd March 1987


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Property) (Greater Manchester) Order 1987 and shall come into force on 8th September 1987.
Interpretation and general provision
2
1
In this Order —
“the abolished council” means the Greater Manchester County Council;
“highway” means any highway for which the abolished council was the highway authority;
“local council” in relation to any land (including any length of highway) means the council of the metropolitan district within which such land is situated; and
“the residuary body” means the Greater Manchester Residuary Body.
2
There shall vest in any body in which land is vested by this Order all rights and liabilities of the residuary body acquired or incurred exclusively in connection with that land.
Land held by the abolished council for highway or road traffic purposes
3
1
Any land (other than land described in Schedule 1 to this Order) which —
a
was held on 1st April 1974 by the abolished council for any of the purposes mentioned in paragraph (2), and
b
immediately before 1st April 1986 was held by that council for any such purpose,
shall vest in the local council.
2
The purposes referred to in paragraph (1) are —
a
the construction, maintenance or improvement of a highway;
b
the improvement or development of frontages to a highway or of land adjoining a highway.
Land below a highway
4
Where on 1st April 1986 by virtue of section 263 of the Highways Act 1980 any highway in Greater Manchester vested in a local council, any interest of the residuary body in any land below such highway shall vest in that council.
Land held by the abolished council for environmental purposes
5
1
Any land (other than land described in Schedule 2 to this Order) which was, immediately before 1st April 1986, held by the abolished council for any purpose mentioned in paragraph (2) shall vest in the local council.
2
The purposes referred to in paragraph (1) are the purposes of the functions of the abolished Council relating to —
Parks (including country parks)
Open spaces and burial grounds
Caravan sites
Camping sites
Picnic sites
Sporting and recreational facilities
The improvement of derelict, neglected or unsightly land.
Trading and industrial estates
6
There shall vest in Bolton Metropolitan Borough Council the land specified in Schedule 3 to this Order and that land shall be held by the Council for the joint use and benefit of itself and of all the councils of the other districts in the county of Greater Manchester.
Transfer of specified property
7
The former London Road Fire Station, Manchester registered at Her Majesty’s Land Registry under Title Number GM.390404 shall vest in the Greater Manchester Fire and Civil Defence Authority.


text:
Citation and commencement
1
1
This Order may be cited as the Scottish Transport Group (Scalasaig Pier) Harbour Revision Order 1987 and this Order and the Argyll County Council (Scalasaig Pier, etc. ) Order 1961 may be cited together as the Scalasaig Pier Orders 1961 and 1987.
2
This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
Interpretation
2
1
In this Order, unless the context otherwise requires–
“ the Group ” means the Scottish Transport Group constituted under the Transport Act 1968 ;
“the Order of 1961 ” means the Argyll County Council (Scalasaig Pier, etc.) Order 1961;
“ the pier undertaking ” has the same meaning as in section 2(1) of the Order of 1961;
“the Regional Council ” means Strathclyde Regional Council.
2
The Order of 1961 shall be incorporated with and form part of this Order.
Transfer of pier undertaking
3
1
On the coming into force of this Order there shall be transferred to and vested in the Group (subject to the other provisions of this Order) all the powers of the Regional Council in relation to the pier undertaking vested in them pursuant to the Order of 1961 and the Harbours Act 1964 and all corporeal property and all heritable incorporeal property vested in the Regional Council and held by them solely for the purposes of the pier undertaking and the burdens and any leases or sub-leases attaching to or affecting the said property.
2
To enable the Group to complete a title to any property transferred to and vested in them by virtue of this article by notice of title or otherwise, this Order shall have effect as if it were a general disposition or assignation, as the case may be, of such property granted by the Regional Council in favour of the Group on the coming into force of this Order.
Contracts to be binding
4
All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by the Regional Council and in force at the commencement of this Order shall be as binding and of as full force and effect in every respect against or in favour of the Group as they have heretofore been against or in favour of the Regional Council and may be enforced as fully and effectively as if, instead of the Regional Council, the Group had been a party thereto.
Proceedings not to abate
5
All legal and other proceedings begun before the commencement of this Order and relating to any property or liabilities transferred to the Group under this Order may be carried on with the substitution of the Group as a party to the proceedings in lieu of the authority from whom the property or liabilities was or were transferred and any such proceedings may be amended in such manner as may be necessary for that purpose.
Byelaws
6
In addition to the byelaws which may be made by the Group under section 83 of the Harbours, Docks, and Piers Clauses Act 1847 and otherwise, the Group may, in relation to the pier undertaking, from time to time make such byelaws as they think fit with reference to all or any of the following matters:–
a
for regulating the types of vehicles which may enter or be at the pier undertaking and the use, placing, loading or unloading, and driving of such vehicles, and giving powers to officers or servants of the Group in relation to such regulation;
b
the management, control and regulation of the pier undertaking and of goods, wares and merchandise using or passing over the pier undertaking;
c
safety precautions to be observed by persons using or being at the pier undertaking.
Confirmation of byelaws
7
1
The provisions of subsections (4), (5), (6), (7), (8), (10) and (12) of section 202 and section 203 of the Local Government (Scotland) Act 1973 shall apply to any byelaws made by the Group under the Harbours, Docks, and Piers Clauses Act 1847 or this Order as if the Group were a local authority, and in the application of the provisions of the said Act of 1973 the Secretary of State shall be the confirming authority and all byelaws and regulations which are in force at the pier undertaking at the date of this Order coming into force shall be deemed to be byelaws and regulations of the Group and shall continue in force until altered.
2
Where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Group and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Group and by other persons who have been informed of it.
Amendments and repeals
8
1
The provisions of the Order of 1961 referred to in column (1) of Schedule 1 to this Order shall have effect subject to the amendments specified in column (2) of that Schedule.
2
For the words “County Council” wherever the same shall appear in the Order of 1961 there shall be substituted the words “the Group” and wherever the word “Minister” shall appear the words “Secretary of State” shall be substituted therefor.
3
The provisions of the Order of 1961 specified in column (1) of Schedule 2 to this Order are hereby repealed to the extent specified in column (2) of that Schedule.
Costs of Order
9
The costs, charges and expenses of and incidental to the preparing for and obtaining of this Order or otherwise in relation thereto (other than costs, charges and expenses which any person is lawfully ordered to pay by the Secretary of State or a Joint Committee of both Houses of Parliament or any costs incurred in opposing this Order) shall be paid by the Group.
Michael Ancram
Parliamentary Under Secretary of State,Scottish Office
New St. Andrew’s House,
Edinburgh
19th March 1987