text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations —
“ BCH Code ” means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1986 edition) published by IMO ;
“BCH Code Certificate” means a certificate of compliance with the BCH Code issued in accordance with the BCH Code Regulations ;
“BCH Code Regulations” means the Merchant Shipping (BCH Code) Regulations 1987 ;
“Category A substance”, “Category B substance”, “Category C substance” and
“Category D substance” mean respectively any substance listed in the column of Schedule 1 headed “Substance” and identified as falling into Category A, B, C or D as the case may be by an entry of “A”, “B”, “C” or “D” as the case may be in column II of that schedule; and any substance which is provisionally listed or class-approved as a Category A, B, C or D substance as the case may be; and a reference to any such substance shall include a reference to any mixture containing such substance, other than a residual mixture or a mixture which is itself a substance of another Category;
“chemical tanker” means a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and an oil tanker when carrying a cargo or part cargo of noxious liquid substances in bulk;
“class-approved” means, in relation to a substance of a particular category or a non-polluting substance,
having been assessed as a substance falling into one of the classes of not otherwise specified substances listed in Table 3 of Merchant Shipping Notice No. M1270 and therein identified as a class of substances falling into that category or as a class of non-polluting substances as the case may be, and
having had the assessment referred to in sub-paragraph (a) approved by or on behalf of the Secretary of State or by or on behalf of the government of a state party to MARPOL 1973/78 .
“clean ballast” means ballast carried in a tank which, since it was last used to carry a noxious liquid substance in bulk, has been thoroughly cleaned and the residues resulting therefrom have been discharged and the tank emptied in accordance with the appropriate requirements of these Regulations;
“constructed” means, in relation to a ship, having its keel laid or being at a similar stage of construction; and “similar stage of construction” means the stage at which
construction identifiable with a specific ship begins, and
assembly of that ship is commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less;
provided that a ship which has been converted into a chemical tanker shall, irrespective of its date of construction, be treated as a chemical tanker constructed on the date on which such conversion commenced;
“high residue substance” means, in relation to a Category B or Category C substance, a substance identified in the ship’s Procedures and Arrangements Manual as likely, due to its viscosity or melting point at its unloading temperature, to result in a residue quantity from any tank which exceeds, in the case of a Category B substance, 1 cubic metre or 1/3,000th of the capacity of that tank or, in the case of a Category C substance, 3 cubic metres or 1/1,000th of the capacity of that tank, whichever is the greater;
“ IBC Code ” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1986 edition) published by IMO;
“IBC Code Certificate” means a certificate of compliance with the IBC Code issued in accordance with the IBC Code Regulations ;
“IBC Code Regulations” means the Merchant Shipping (IBC Code) Regulations 1987 ;
“IMO” means the International Maritime Organization;
“IMO Standards” means the Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances adopted by the Marine Environ-ment Protection Committee of IMO by Resolution MEPC 18(22) on 5th December 1985;
“ INLS Certificate ” means an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued under MARPOL 1973/78 and, in the case of a United Kingdom ship, in accordance with regulation 24, in the form set out in Appendix V to Annex II to MARPOL 1973/78;
“ IOPP Certificate ” means an International Oil Pollution Prevention Certificate issued in accordance with MARPOL 1973/78 and, in the case of a United Kingdom ship, pursuant to the Prevention of Oil Pollution Regulations ;
“liquid substance” means a substance having a vapour pressure not exceeding 2.8 bar at a temperature of 37.8 degrees C;
“MARPOL 1973/78” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended ;
“Marpol surveyor” means a surveyor appointed by the Secretary of State or by or on behalf of the government of a state party to MARPOL 1973/78;
“nearest land”: in relation to all land other than the part of Australia specified below, “from the nearest land” means from the nearest baseline from which the territorial sea of any territory is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone 1958 ; and in relation to the part of the north-eastern coast of Australia which lies between the points 11° 00'S, 142° 08'E and 24° 42'S, 153° 15'E, “from the nearest land” means from the nearest of the straight lines joining consecutively the following points: 11° 00'S, 142° 08'E; 10° 35'S, 141° 55'E; 10° 00'S, 142° 00'E; 9° 10'S, 143° 52'E; 9° 00'S, 144° 30'E; 13° 00'S, 144° 00'E; 15° 00'S, 146° 00'E; 18° 00'S, 147° 00'E; 21° 00'S, 153° 00'E and 24° 42'S, 153° 15'E;
“non-polluting substance” means a substance listed in Schedule 2 or provisionally listed or class-approved as a non-polluting substance;
“noxious liquid substances” means the substances listed in Schedule 1 (being substances falling into Categories A, B, C and D) and any other liquid substances which are provisionally listed or class-approved as Category A, B, C or D substances;
“oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk;
“oil-like substance” means a substance listed in Schedule 3 or provisionally listed as an oil-like substance;
“Prevention of Oil Pollution Regulations” means the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 ;
“pre-washed” means washed in accordance with the relevant pre-wash procedures specified in the ship’s Procedures and Arrangements Manual;
“Procedures and Arrangements Manual” means a manual complying with the requirements of regulation 19(1);
“provisionally listed” means, in relation to a substance of a particular category or a non-polluting substance or an oil-like substance, listed in Merchant Shipping Notice No. M.1270 and therein identified as a substance falling into that category or as a non-polluting substance or as an oil-like substance as the case may be;
“reception facility” means a tank or similar facility provided at a port or place for the reception of residual mixtures or other liquid wastes containing noxious liquid substances;
“residual mixture” means, in relation to any category of noxious liquid substances, ballast water, tank washings or other mixtures containing residues of a noxious liquid substance of such category, but excludes clean ballast;
“sea” includes all waters navigable by sea-going ships;
“segregated ballast” means ballast water introduced into a tank which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious liquid substances and which is completely separated from the cargo pumping and piping system and from the fuel oil pumping and piping system;
“ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, hovercraft, submersibles and floating craft and also fixed or floating platforms except when they are actually engaged in exploration or exploitation of the sea-bed or associated off-shore processing of sea-bed mineral resources;
“Special Area” means either the Baltic Sea area or the Black Sea area, defined as follows:
“the Baltic Sea area” means the Baltic Sea with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57° 44.8'N;
“the Black Sea area” means the Black Sea with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41°N;
“ UKOPP Certificate ” means a United Kingdom Oil Pollution Prevention Certificate issued pursuant to the Prevention of Oil Pollution Regulations;
“unassessed liquid substance” means a liquid substance which is neither a noxious liquid substance nor a non-polluting substance and is not oil as defined in the Prevention of Oil Pollution Regulations;
“United Kingdom ship” means a ship which —
is registered in the United Kingdom, or
is not registered under the law of any country but is wholly owned by persons each of whom is a British citizen or a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
3
Any reference to a particular Merchant Shipping Notice includes a reference to any subsequent Merchant Shipping Notice amending or replacing it and specifying the date on which such subsequent Notice is to take effect.
Application
2
1
These Regulations apply to ships carrying in bulk noxious liquid substances or unassessed liquid substances; provided that ships constructed before 1st July 1986 shall not be required to comply with regulations 5(c) or 11(d) before 1st January 1988.
2
These Regulations apply to United Kingdom ships wherever they may be and to other ships while they are in the United Kingdom or the territorial waters thereof.
PART II
DISCHARGE AND WASHING OF TANKS
Category A substances — discharge
3
The discharge into the sea of a Category A substance is prohibited.
Category A — tank washing in all areas
4
1
A tank from which a Category A substance has been unloaded shall be washed before the ship leaves the port of unloading.
2
The resulting tank washings shall be discharged into a reception facility at that port and washing and discharge shall, subject to paragraph (5), continue until the washings at the point of discharge into the reception facility are at or below the concentration (“the prescribed concentration”) prescribed for the substance in question —
a
if the ship is not in a Special Area, in column III of Schedule 1 hereto; or
b
if the ship is in a Special Area, in column IV of Schedule 1 hereto.
3
After the tank washings at the point of discharge into the reception facility reach a level of concentration at or below the prescribed concentration, discharge from the tank shall be continued until the tank is empty.
4
The level of concentration of the Category A substance in the washings at the point of discharge shall be ascertained by analysis of samples taken at that point and verified by a Marpol surveyor or, where there is no Marpol surveyor at that port, by the master.
5
Where a Marpol surveyor at the port of unloading, or where there is no Marpol surveyor at that port, the master, is satisfied that it is not practicable to measure such level of concentration without undue delay to the ship at that port, the requirements of paragraph (2) shall be sufficiently complied with if —
a
the tank is pre-washed in accordance with the procedures specified for that tank and substance in the Procedures and Arrangements Manual, and
b
the Marpol surveyor at the port of unloading or, where there is no Marpol surveyor at that port, the master, records in the Cargo Record Book that
i
the tank and its pumps and piping systems have been emptied, and
ii
the pre-wash has been carried out in accordance with the pre-wash procedure approved for that tank and that substance in the ship’s Procedures and Arrangements Manual, and
iii
the tank washings resulting from such pre-wash have been discharged to a reception facility and the tank is empty.
Category A residual mixtures — discharge
5
The discharge into the sea of a Category A residual mixture is prohibited except where all the following conditions are satisfied:
a
the effluent consists solely of water added to the tank after it has been emptied in accordance with regulation 4(3) or 4(5); and
b
the ship is proceeding at a speed of at least 7 knots in the case of a self-propelled ship or at least 4 knots in the case of a ship which is not self-propelled; and
c
the discharge is made below the water line; and
d
the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
Category B and C substances — discharge
6
The discharge into the sea of a Category B or Category C substance is prohibited.
Category B and C — unloading in all areas
7
Whenever a Category B substance or a Category C substance is unloaded, unloading shall if possible be carried out in accordance with the relevant provisions of the ship’s Procedures and Arrangements Manual.
Category B and C — tank washing outside Special Areas
8
Where a Category B substance or a Category C substance is unloaded at a port which is not within a Special Area, then —
a
if it was impossible for unloading to be carried out as required by regulation 7 or to the satisfaction of a Marpol surveyor, or
b
in any case where the substance in question is a high residue substance,
every tank from which such substance has been unloaded shall be pre-washed and the resulting tank washings shall be discharged into a reception facility at the port of unloading.
Category B — tank washing in Special Areas
9
Where a Category B substance is unloaded at a port in a Special Area, every tank from which such substance has been unloaded shall be pre-washed and the resulting tank washings shall be discharged into a reception facility at the port of unloading unless —
a
unloading was carried out as required by regulation 7 or to the satisfaction of a Marpol surveyor, and
b
the substance is not a high residue substance, and
c
the residues are to be retained on board for discharge outside a Special Area.
Category C — tank washing in Special Areas
10
Where a Category C substance is unloaded at a port in a Special Area every tank from which such substance has been unloaded shall be pre-washed and the resulting tank washings shall be discharged to a reception facility at the port of unloading unless —
a
unloading was carried out as required by regulation 7 or to the satisfaction of a Marpol surveyor, and
b
either
i
the substance is a Category C substance identified in the ship’s Procedures and Arrangements Manual as likely to result in a residue quantity from any one tank which does not exceed one cubic metre or 1/3,000th of the capacity of that tank, whichever is the greater, or
ii
the substance is not a high residue substance and the residues are to be retained on board for discharge outside a Special Area.
Category B and C residual mixtures — discharge
11
1
The discharge into the sea of a Category B residual mixture or a Category C residual mixture is prohibited except where all the following conditions are complied with:
a
all relevant requirements of regulations 7 to 10 have been complied with;
b
the concentration of the substance in, and the rate of discharge of, the effluent is in accordance with the procedures and arrangements specified in respect of substances of the category in question in the ship’s Procedures and Arrangements Manual;
c
the ship is proceeding at a speed of at least 7 knots in the case of a self-propelled ship or at least 4 knots in the case of a ship which is not self-propelled;
d
the discharge is made below the water line;
e
the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres; and
f
i
if the ship is in a Special Area and the substance in question is a Category B substance, the tank from which the discharge is made has been pre-washed (whether or not such pre-wash was required by regulation 9) in accordance with the procedure specified in the ship’s Procedures and Arrangements Manual for the substance in question and the resulting tank washings have been discharged to a reception facility; or
ii
if the ship is in a Special Area and the substance is a Category C substance the maximum quantity of the substance discharged from any one tank and its associated piping system does not exceed the maximum quantity approved in the ship’s Procedures and Arrangements Manual for discharge of Category C substances in a Special Area.
2
Where a tank which contained a Category B or Category C residual mixture has been emptied by a discharge made in accordance with paragraph (1), water thereafter added to that tank may be discharged notwithstanding that the ship is not proceeding as required by sub-paragraph (1)(c), provided that all the other requirements of that paragraph are complied with.
Category D substances — discharge
12
The discharge into the sea of a Category D substance is prohibited.
Category D residual mixtures — discharge
13
The discharge into the sea of a Category D residual mixture is prohibited except where —
a
i
the ship is proceeding on its way at a speed of at least 7 knots in the case of a self-propelled ship or at least 4 knots in the case of a ship which is not self-propelled;
ii
the concentration of the substance in the effluent is not greater than one part of the substance to ten parts of water; and
iii
the discharge is made at a distance of not less than 12 nautical miles from the nearest land; or
b
the discharge is made in accordance with regulation 11 as it applies to Category C residual mixtures.
Unassessed liquid substances — discharge
14
The discharge into the sea of any unassessed liquid substance carried in bulk, or of a residual mixture containing any such substance, is prohibited except where —
a
the Secretary of State has given written approval to its carriage; and
b
any conditions relating to discharge and subject to which that approval was given are complied with.
Clean and segregated ballast and non-polluting liquid substances — discharge
15
Nothing in these Regulations shall prohibit the discharge of clean ballast, segregated ballast or any non-polluting substance.
Emergency discharges
16
Regulations 3, 5, 6 and 11 to 14 shall not apply to any discharge into the sea of a noxious liquid substance or unassessed liquid substance or mixture containing any such substance —
a
which is necessary for the purpose of securing the safety of a ship or saving life at sea, or
b
which results from damage to a ship or its equipment, provided that
i
all reasonable precautions were taken after the occurrence of the damage or discovery of the discharge to prevent or minimise the discharge; and
ii
neither the owner nor the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result, or
c
where the substance or mixture in question is approved by the Secretary of State for use in combating specific pollution incidents in order to minimise the damage from pollution and the discharge is made with the approval of the Secretary of State or, if the discharge is to be made in waters within the jurisdiction of a state other than the United Kingdom, with the approval of the government of that state.
Exemption — Categories A, B and C
17
Notwithstanding the provisions of regulations 3 — 11 any tank from which a Category A or Category B or Category C substance has been unloaded shall not be required to be washed and the resultant washings discharged before the ship leaves the port of unloading as required by those regulations if a Marpol surveyor at the port of unloading exempts the ship from those regulations on one of the following grounds: —
a
the tank is to be re-loaded with the same substance or another substance compatible with it and the tank will not be washed or ballasted before such re-loading;
b
i
the tank is neither to be washed nor ballasted at sea; and
ii
the requirements for washing and discharge will be complied with in respect of that tank at another port; and
iii
it has been confirmed in writing to the satisfaction of the Secretary of State, or if the port is not in the United Kingdom, of the government or other proper authority of the state in which the port is situated, that an adequate reception facility will be available for the purpose at that other port; or
c
the substance is one for which cleaning by ventilation is stated to be appropriate in the ship’s Procedures and Arrangements Manual or is approved by the Secretary of State.
Oil-like substances
18
Notwithstanding the provisions of regulations 6 — 13 an oil-like substance may be carried on an oil tanker and discharged in accordance with regulation 13 of the Prevention of Oil Pollution Regulations provided that:
a
the ship complies with the requirements of those regulations applicable to product carriers as therein defined (oil tankers engaged in the trade of carrying oil other than crude oil); and
b
i
where the substance in question is a Category C substance and the ship was constructed on or after 1st July 1986, it complies with the damage stability requirements for a Type 3 ship specified in the IBC Code; or
ii
where the substance in question is a Category C substance and the ship is
I
a ship for which the building contract was placed on or after 2nd November 1973 and which is engaged wholly or partly on voyages to ports or terminals under the jurisdiction of states parties to MARPOL 1973/78 other than the state in which the ship is registered, or
II
a United Kingdom ship constructed on or after 1st July 1983 engaged solely on voyages between ports or terminals in the United Kingdom, the Channel Islands and the Isle of Man,
it complies with the damage stability requirements for a Type 3 ship specified in the BCH Code; and
c
the oil content meter in the ship’s oil discharge and monitoring system required by regulation 15(3) of the Prevention of Oil Pollution Regulations is approved by the Secretary of State, or by or on behalf of the government of the state in which the ship is registered, for use in monitoring the concentration of the substance in question; and
d
the ship carries an IOPP Certificate or a UKOPP Certificate, in either case with the supplement thereto entitled “Record of Construction and Equipment for Oil Tankers”; and
e
the IOPP Certificate or the UKOPP Certificate as the case may be is endorsed by the Secretary of State, or by or on behalf of the government of the state in which the ship is registered, to indicate that the ship may carry oil-like substances in conformity with Regulation 14 of Annex II to MARPOL 1973/78 and the list in such endorsement of the oil-like substances which the ship is permitted to carry includes the substance in question.
PART III
DOCUMENTS
Procedures and Arrangements Manual
19
1
Every ship shall be provided with a Procedures and Arrangements Manual complying with the IMO Standards.
2
Such manual shall be approved, in the case of a United Kingdom ship, by the Secretary of State or, in the case of a ship registered in a state party to MARPOL 1973/78, by or on behalf of the government of that state.
3
A manual approved in accordance with paragraph (2) shall be deemed to comply with the IMO Standards.
4
The Procedure and Arrangements Manual shall be kept on board the ship in such a place as to be radily available for inspection.
5
The Procedure and Arrangements Manual shall, in the case of a United Kingdom ship, be in English and, in the case of any other ship, be in, or include a translation into, English or French.
Cargo Record Book
20
1
Every ship shall be provided with a Cargo Record Book in the form specified in Appendix IV to Annex II to MARPOL 1973/78.
2
Whenever any of the following operations takes place in respect of any noxious liquid substance a record of the operation shall be made in the Cargo Record Book in relation to each tank affected by the operation:
i
loading of cargo;
ii
internal transfer of cargo;
iii
unloading of cargo;
iv
cleaning of cargo tanks;
v
ballasting of cargo tanks;
vi
discharge of ballast from cargo tanks;
vii
disposal of residues to reception facilities;
viii
discharge of residues into the sea in accordance with regulations 5, 11, 13, 14 or 16;
ix
removal of residues by ventilation.
3
In the event that any discharge of the kind referred to in regulation 16 of any noxious liquid substance or mixture containing such substance is made or occurs, an entry shall be made without delay in the Cargo Record Book stating the circumstances of, and the reason for, the discharge.
4
The entries in the Cargo Record Book, in the case of a United Kingdom ship, shall be in English and, in the case of any other ship, in an official language of the state in which the ship is registered and, where that language is neither English nor French, in English or French. Each entry shall be signed by the officer or officers in charge of the operation and each page shall be signed by the master.
5
The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained on board the ship for a period of 3 years after the last entry in it has been made.
PART IV
CONSTRUCTION AND EQUIPMENT
Pumping arrangements
21
1
In every ship constructed on or after 1st July 1986 the pumping and piping arrangements serving any tank designated for the carriage of a Category B substance or a Category C substance shall be such that, if the tank were filled with water and pumped out under favourable pumping conditions, the quantity of residue retained in the tank’s associated piping and in the immediate vicinity of the tank’s suction point would not exceed —
a
in the case of a tank designated for the carriage of a Category B substance, 0.1 cubic metres, or
b
in the case of a tank designated for the carriage of a Category C substance, 0.3 cubic metres.
2
In every ship constructed before 1st July 1986 the pumping and piping arrangements serving any tank designated for the carriage of a Category B substance or a Category C substance shall be such that if the tank were filled with water and pumped out under favourable pumping conditions —
a
the quantity of residue retained in the tank’s associated piping and in the immediate vicinity of the tank’s suction point would not exceed —
i
in the case of a tank designated for the carriage of a Category B substance, 0.3 cubic metres, or
ii
in the case of a tank designated for the carriage of a Category C substance, 0.9 cubic metres; or
b
until 2nd October 1994 (on which date this sub-paragraph shall cease to have effect) the quantity of residue retained in the tank and its associated pumping system, when added to the surface residue assessment of the tank calculated in accordance with Appendix A to the IMO Standards would not exceed —
i
in the case of a tank designated for the carriage of a Category B substance, 1 cubic metre or 1/3,000th of the capacity of the tank, whichever is the greater, or
ii
in the case of a tank designated for the carriage of a Category C substance, 3 cubic metres or 1/1,000th for the capacity of the tank, whichever is the greater.
3
The Secretary of State may exempt from any of the requirements of this regulation any ship which is so constructed and operated that —
a
ballasting of cargo tanks is not required, and
b
cargo tank washing is required only for the purposes of repair or dry docking,
subject to such conditions as he thinks fit.
4
An exemption granted in accordance with Regulation 5A(6) or (7) of MARPOL 1973/78 by or on behalf of a state party to MARPOL 1973/78 to a ship registered in that state shall be treated as equivalent to an exemption granted by the Secretary of State.
Equipment and arrangements
22
Every ship shall be provided with the equipment and arrangements identified in its Procedures and Arrangements Manual and, where such manual does not comply with regulation 19, with any other equipment and arrangements required to conform to the IMO Standards.
PART V
SURVEYS AND RELATED MATTERS
Survey requirements
23
1
The structure, equipment, systems, fittings, arrangements and materials of a ship shall be subjected to the following surveys:
a
an initial survey before the INLS Certificate is issued for the first time, which shall include a complete examination of its structure, equipment, systems, fittings, arrangements and materials in so far as the ship is covered by these Regulations; an initial survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials comply with the applicable provisions of these Regulations;
b
a periodical survey at intervals not exceeding 5 years which shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials comply with the applicable provisions of these Regulations;
c
a minimum of one intermediate survey during the period of validity of the INLS Certificate; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be held not before 6 months prior to, nor later than 6 months after, the half-way date of the certificate’s period of validity; intermediate surveys, shall be such as to ensure that the equipment and associated pumps and piping systems comply with the applicable provisions of these Regulations and are in good working order; a record of such surveys in the form appropriate to an intermediate survey included in the form entitled “Endorsement for Annual and Intermediate Surveys” set out in Appendix V of Annex II to MARPOL 1973/78 shall be endorsed by the surveyor on the INLS Certificate;
d
an annual survey within 3 months before or after the anniversary date of the INLS Certificate which shall include a general examination to ensure that the structure, equipment, systems, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended; a record of such survey in the form appropriate to an annual survey included in the form entitled “Endorsement for Annual and Intermediate Surveys” set out in Appendix V of Annex II to MARPOL 1973/78 shall be endorsed by the surveyor on the INLS Certificate;
e
an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 25(3) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment; a record of such survey shall be endorsed by the surveyor on the INLS Certificate, stating that on completion of the survey the ship complied with the relevant provisions of Annex II to MARPOL 1973/78.
2
Every such survey in the case of a United Kingdom ship shall be carried out by a surveyor appointed by the Secretary of State; and application for such a survey shall be made by or on behalf of the owner to the Secretary of State.
3
In the case of a chemical tanker in respect of which a BCH Code Certificate or an IBC Code Certificate has been or is to be issued any initial, periodical, intermediate, annual or additional survey required by this regulation may be combined respectively with an initial, periodical, intermediate, annual or additional survey required by regulation 4 of the BCH Code Regulations or regulation 4 of the IBC Code Regulations as the case may be; and in such case references in paragraphs (1)(a) to (e) to the INLS Certificate shall be construed as references to the BCH Code Certificate or IBC Code Certificate as the case may be.
Issue of INLS Certificate
24
1
Upon satisfactory completion of an initial or periodical survey the Secretary of State shall issue to a ship which complies with the relevant requirements of these Regulations (except one to which a BCH Code Certificate or an IBC Code Certificate is to be issued) an INLS Certificate. Such certificate shall be issued for a period not exceeding 5 years beginning on the date of completion of the survey in question.
2
Where a chemical tanker in respect of which a BCH Code Certificate or an IBC Code Certificate has been or is to be issued is so constructed, equipped and arranged that it would, but for the exception contained in paragraph (1), be entitled under that paragraph to an INLS certificate covering substances other than those listed in the BCH Code or the IBC Code as the case may be, the Secretary of State shall, if the owner of the chemical tanker so requests, include in the BCH Code Certificate or IBC Code Certificate as the case may be, provisions covering carriage of those substances by that chemical tanker.
3
An INLS Certificate shall cease to be valid —
a
if any survey required by regulation 23(1)(c) or (d) is not completed within the period specified for that survey; or
b
if any survey required by regulation 23(1)(e) is not completed within such reasonable time as the surveyor may specify; or
c
upon transfer of the ship to registry in another state.
4
In either of the cases specified in sub-paragraphs (a) or (b) of paragraph (2) the owner shall deliver up the certificate issued in relation to the ship to the Secretary of State on demand.
5
In the case of a ship which has transferred from registry in another state party to MARPOL 1973/78 to registry in the United Kingdom the Secretary of State may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied that, notwithstanding that the surveys were not carried out by a surveyor appointed by the Secretary of State as required by regulation 23(2) —
a
the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required; and
b
the ship was issued by or on behalf of the government of that other state with an INLS Certificate which would, but for the change of registry, have remained valid; and
c
the condition of the ship and its equipment has been maintained in conformity with the provisions of these Regulations; and
d
since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, systems, fittings, arrangements and materials covered by those surveys without the sanction of the government of that other state or of the Secretary of State, except by direct replacement;
issue to that ship an INLS Certificate for a period to be determined by the Secretary of State, but expiring not later than the expiry date of the certificate referred to in sub-paragraph (b).
6
The INLS Certificate shall be kept on board the ship and shall be available for inspection at all reasonable times.
Maintenance of condition after survey
25
1
The condition of the ship and its equipment shall be maintained so as to conform to the provisions of these Regulations.
2
After any survey of the ship under regulation 23 has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements and materials covered by the survey, without the sanction of the Secretary of State, except by direct replacement.
3
Whenever an accident occurs to a ship or a defect is discovered, either of which substantially affects the integrity of the ship or the efficiency or completeness of the equipment required by these Regulations, the master or owner of the ship shall report at the earliest opportunity to the Secretary of State, who shall, in the case of a United Kingdom ship, determine whether an additional survey is necessary. If the ship is in a port of another state the master or owner shall also report immediately to the appropriate authority of the government of the state in which the port is situated.
Equivalents
26
Where these Regulations require that a particular fitting, material, appliance or apparatus should be fitted in a ship, the Secretary of State may allow any other fitting, material, appliance or apparatus to be fitted if he is satisfied that such fitting, material, appliance or apparatus is at least as effective as that required by these Regulations.
Exemptions
27
The Secretary of State may exempt any ship or class or description of ship from any of the requirements of these Regulations, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.
PART VI
OFFENCES AND PENALTIES
Prohibition on uncertificated carriage
28
1
No ship shall load in bulk or carry in bulk any Category A, B, C or D substance unless —
a
i
there is in force in respect of that ship a valid INLS Certificate or BCH Code Certificate or IBC Code Certificate covering the substance in question or, where the substance is class-approved, the class in question, and
ii
the loading and carriage is in accordance with the terms of that certificate, and
iii
where the substance is class-approved, there is on board the ship documentary evidence of the assessment and approval referred to in sub-paragraphs (a) and (b) respectively of the definition of “class-approved” in regulation 1(2); or
b
the substance is an oil-like substance and
i
there is in force in respect of the ship a valid IOPP Certificate or UKOPP Certificate with the endorsement specified in regulation 18(e) covering the substance in question, and
ii
the loading and carriage is in accordance with the terms of that certificate and endorsement.
2
No ship shall carry a class-approved non-polluting substance unless there is on board the ship documentary evidence of the assessment and approval referred to in sub-paragraphs (a) and (b) respectively of the definition of “class approved” in regulation 1(2).
3
No ship shall carry an unassessed liquid substance in bulk unless —
a
either the Secretary of State, or the government of a state party to MARPOL 1973/78 with the concurrence of the Secretary of State, has given written permission for its carriage; and
b
any conditions subject to which that permission was given are complied with.
Penalties
29
1
If any ship fails to comply with any of the requirements of these Regulations the owner and master of the ship shall each be guilty of an offence punishable on summary conviction by a fine not exceeding £1,000 or, on conviction on indictment, by a fine.
2
It shall be a defence for a person charged under this regulation to show that he took all reasonable steps to ensure that the Regulations were complied with.
Detention
30
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 692(1) to (3) of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act” wherever they appear, there shall be substituted “the Merchant Shipping (Prevention of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987”.
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
26th March 1987


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1987.
2
These regulations shall come into force on the twenty-eighth day after the day on which they are made.
General increase in fees
2
1
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1983 (“the 1983 regulations ”) shall have effect with the amendments relating to the amounts of fees that are set out in this regulation.
2
In Part I of Schedule 1 there shall be substituted for “£53” —
a
in relation to fees due after the commencement of these regulations but before 1st July 1987, “£60”; and
b
in relation to fees due on or after 1st July 1987, “£66”.
3
The scale of fees set out in Part II of Schedule 1 shall have effect with the substitution for a reference to a sum mentioned in the first column of the Table below —
i
in relation to fees due after the commencement of these regulations but before 1st July 1987, of a reference to the relevant sum specified in the second column; and
ii
in relation to fees due on or after 1st July 1987, of a reference to the relevant sum specified in the third column.
Sum currently specified Increased sum for the period until 1st July 1987 Increased sum from 1st July 1987
Fees and multipliers £27 £30 £33 £53 £60 £66 Maxima £270 £300 £330 £315 £355 £390 £1,325 £1,500 £1,650 £2,650 £3,000 £3,300 £4,050 £4,500 £4,950
4
In Schedule 2, —
a
in relation to fees due after the commencement of these regulations but before 1st July 1987, “£16” shall be substituted for “£14” and “£60” for “£53”; and
b
in relation to fees due on or after 1st July 1987, “£18” shall be substituted for “£14” and “£66” for “£53”.
Miscellaneous amendments
3
The 1983 regulations shall also have effect subject to the miscellaneous amendments set out in Schedule 1 hereto.
Substitution of a new fee Schedule
4
In relation to fees due on or after 1st July 1987 there shall be substituted for Part II of Schedule 1 to the 1983 regulations the new Part II set out in Schedule 2 hereto (which reflects the increased amounts mentioned in column 3 of the Table in regulation 2 and other amendments made to Part II by these regulations).
Revocations
5
1
In the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1985 , regulations 2(c)(iii), (iv) and (vi) and (e) are revoked from the commencement of these regulations, and regulation 2(d) and the Schedule are revoked on 1st July 1987.
2
Regulations 2(2)(a), (3) and (4)(a) of, and paragraph 7 of Schedule 1 to, these regulations cease to have effect on 1st July 1987.


text:
Citation, commencement and interpretation
1
1
These Regulations, which amend the Social Security (Credits) Regulations 1975 , may be cited as the Social Security (Credits) Amendment Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations“the principal Regulations”means the Social Security (Credits) Regulations 1975.
Amendment of regulation 2(1) of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) for the definition of“relevant earnings factor”there shall be substituted the following definition —
in relation to any benefit, means —
a
if the contributions relevant to that benefit under section 13 are Class 1 contributions, the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid, or credited earnings;
b
if the contributions relevant to that benefit under section 13 are Class 1 and Class 2 contributions, the earnings factor or the aggregate of the earnings factors derived from —
i
earnings upon which primary Class 1 contributions have been paid or treated as paid, or credited earnings, and
ii
Class 2 contributions;
c
if the contributions relevant to that benefit under section 13 are Class 1, Class 2 and Class 3 contributions, the earnings factor or the aggregate of the earnings factors derived from —
i
earnings upon which primary contributions have been paid or treated as paid, or credited earnings,
ii
Class 2 contributions, and
iii
Class 3 contributions paid or credited
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (general provisions relating to the crediting of contributions) —
a
in the heading, after the word“contributions”there shall be added the words“and earnings”;
b
in paragraph (1) after the word“contributions”wherever it occurs there shall be inserted the words“or earnings”;
c
in paragraph (2) —
i
in sub-paragraph (a) for the words“Class 1 credits”there shall be substituted the words“be credited with earnings”,
ii
in sub-paragraph (a) for the words“Class 1 contributions”there shall be substituted the word“earnings”, and
iii
sub-paragraph (b) shall be deleted;
d
in paragraph (3) —
i
for the words“a credit”there shall be substituted the words“be credited with earnings or a contribution”, and
ii
for the words“that credit”there shall be substituted the words“be credited with those earnings or that contribution”.
Amendment of regulation 5 of the principal Regulations
4
In regulation 5(1) of the principal Regulations (starting credits for the purposes of unemployment benefit, sickness benefit and maternity allowance) for the words“Class 1 credits for the relevant past year if it”there shall be substituted the words“be credited for any week in the relevant past year with earnings equal to the lower earnings limit then in force, if the relevant past year”.
Amendment of regulation 7 of the principal Regulations
5
In regulation 7 of the principal Regulations (credits for approved training) —
a
in paragraph (1) for the words“a Class 1 credit”there shall be substituted the words“be credited with earnings equal to the lower earnings limit then in force,”;
b
in paragraph (2)(a) for the words from“derived from”to the words“in the aggregate”there shall be substituted the words
derived from Class 2 contributions paid or credited, and either —
i
Class 1 contributions paid or credited, if that year was before 6th April 1987, or
ii
earnings upon which primary Class 1 contributions have been paid or treated as paid, or earnings which have been credited under these Regulations, if that year was after 5th April 1987,
amounted in the aggregate
.
Amendment of regulation 7A of the principal Regulations
6
In regulation 7A of the principal Regulations (credits for invalid care allowance) —
a
in paragraph (1) for the words“a Class 1 credit”there shall be substituted the words“be credited with earnings equal to the lower earnings limit then in force,”;
b
in paragraph (2)(a) for the words“a Class 1 credit”there shall be substituted the words“be credited with earnings”.
Amendment of regulation 8 of the principal Regulations
7
In regulation 8(1) of the principal Regulations (credits on termination of full-time education, training or apprenticeship) for the words“Class 1 credits”there shall be substituted the words“be credited with earnings equal to the lower earnings limit then in force”.
Amendment of regulation 9 of the principal Regulations
8
In regulation 9 of the principal Regulations (credits for unemployment or incapacity for work) —
a
in paragraph (1) for the words“a Class 1 credit”there shall be substituted the words“be credited with earnings equal to the lower earnings limit then in force,”;
b
in paragraph (8) for the words“a credit”there shall be substituted the words“be credited with earnings”;
c
in paragraph (9) for the words from“A Class 1 credit to which”to the words“shall be a credit”there shall be substituted the words“Earnings which a person is entitled to be credited with in respect of any week by virtue of the provisions of this regulation shall be credited”;
d
in paragraph (9)(a) for the words from“for that year which”to the words“Class 2 contributions actually paid”there shall be substituted the words
for that year which —
i
if that year is before 6th April 1987, for the purposes of entitlement to unemployment benefit, is derived from Class 1 contributions actually paid or, for any other purpose, is derived from Class 1 or Class 2 contributions actually paid; or
ii
if that year is after 5th April 1987, for the purposes of entitlement to unemployment benefit, is derived from earnings upon which Class 1 contributions have actually been paid or, for any other purpose, is derived from such earnings or Class 2 contributions actually paid
;
e
in paragraph (9)(cc) for the words“a credit”there shall be substituted the words“be credited with earnings”;
f
in paragraph (9)(d) —
i
for the words“a credit”where they first appear there shall be substituted the words“be credited with earnings”, and
ii
the words“or to a credit by virtue of the provisions of regulation 10(8)”shall be omitted;
g
in paragraph (9)(e) for the words“a Class 1 credit”there shall be substituted the words“be credited with earnings”;
h
in paragraph (9)(f) for the words“a credit”there shall be substituted the words“be credited with earnings”.
Amendment of regulation 9A of the principal Regulations
9
In regulation 9A of the principal Regulations (credits for persons approaching pensionable age) —
a
in paragraph (2) —
i
for the words“number of Class 1 contributions”there shall be substituted the word“earnings”, and
ii
the words“so however that no such contribution shall be credited under this regulation in respect of a tax year commencing before 6th April 1983”shall be omitted;
b
in paragraph (3) —
i
for the words“a Class 1 contribution”there shall be substituted the words“earnings equal to the lower earnings limit then in force”;
ii
for the words“no such contribution”there shall be substituted the words“no such earnings”, and
iii
after the words“regulations to have”there shall be inserted the words“earnings or”;
c
in paragraph (4) after the words“credited with any”there shall be inserted the words“earnings or”.
Revocation of regulation 10 of the principal Regulations
10
Regulation 10 of the principal Regulations shall be omitted.
Transitional provision
11
In respect of any period before 6th April 1987 the provisions of the principal Regulations shall apply as if these Regulations had not come into force notwithstanding that entitlement to be credited with contributions for that period falls to be determined after 5th April 1987.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
12th March 1987


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by 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
The length of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified in the manner described in that Schedule as from the date on which the Secretary of State notifies the County Council of Cumbria that the new trunk road is open for through traffic.
5
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 HA10/1 CNW 240 marked “The Carlisle — Sunderland Trunk Road (A69) (Brampton Bypass) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iv
“principal road”
as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
v
“the Trunk Road”
means the Carlisle — Sunderland Trunk Road (A69).
6
This Order shall come into force on 5th August 1987 and may be cited as the Carlisle — Sunderland Trunk Road (A69) (Brampton Bypass) Order 1987.
Signed by authority of the Secretary of State.
F. Kendall
Regional Director North West Region
Department of Transport
1st July 1987


text:
1
The Essex County Council (Maldon Bypass) (Whiteladies Canal Bridge) Scheme 1986 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto. Copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, and at the offices of the Chief Executive and Clerk’s Department, Essex County Council at the County Hall, Chelmsford.
3
The Scheme will become operative 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 Essex County Council (Maldon Bypass) (Whiteladies Canal Bridge) Scheme 1986 Confirmation Instrument 1987.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
6th May 1987


text:
Citation, interpretation and commencement
1
These Regulations, which may be cited as the Medicines (Fees) Amendment Regulations 1987, amend the Medicines (Fees) Regulations 1978 (hereinafter referred to as “the principal Regulations”) and shall come into force on 1st September 1987.
Insertion in the principal Regulations of regulation 4A
2
After regulation 4 of the principal Regulations there is inserted the following regulation —
Capital fees for variations
4A
1
Subject to the following provisions of this regulation a capital fee of £75 shall be payable by the applicant in connection with each application for the variation of one or more of the provisions of a product licence granted under Part II of the Act unless such application is made at the specific invitation of the licensing authority.
2
The provisions of paragraph (1) shall not apply in the case of an application for variation which is made by an authority or board constituted under the National Health Service Act 1977 , the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972
.
Amendment of regulation 14 of the principal Regulations
3
In regulation 14 of the principal Regulations (time for payment of capital fees) there is inserted after the word “grant” the words “,or as the case may be, the variation,”.
Amendment to Table A of Part I of Schedule 1 to the principal Regulations
4
1
Table A of Part I of Schedule 1 to the principal Regulations (types and levels of fees), is amended in accordance with the following provisions of this regulation.
2
For each entry in Column 2 (Capital Fees), of the sum “£2,500” there is substituted the sum “£4,000”.
3
For each entry in Column 2 of the sum “£150” there is substituted the sum “£250”.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
22nd July 1987
Wyn Roberts
Minister of State for Wales
10th August 1987
Ian Lang
Minister of State, Scottish Office
10th August 1987
In Witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th August 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this 6th day of August 1987.
G. Buchanan
Under Secretary
Sealed with the official seal of the Department of Agriculture for Northern Ireland this 6th day of August 1987.
W. H. Jack
Permanent Secretary
We consent,
Peter Lloyd
Michael Neubert
Two of Lords Commissioners of Her Majesty’s Treasury
10th August 1987


text:
PART I
CITATION, COMMENCEMENT AND INTERPRETATION
Citation and commencement
1
These Regulations may be cited as the Police Pensions (Purchase of Increased Benefits) Regulations 1987 and shall come into force on 1st February 1988.Interpretation
2
1
In these Regulations —
a
references to the principal Regulations are references to the Police Pensions Regulations 1987( ) as amended by Part III of these Regulations;
b
the expression —
“retirement date” means, in relation to a regular policeman and at any particular time, the date on which he could be required to retire on account of age if he continued to serve as such without change of rank, disregarding any postponement of that date under regulation A18(2) of the principal Regulations effected after that time;
“eligible policeman” means a person —
with service as a regular policeman on or after 1st February 1988, whether or not he is still so serving;
whose retirement date is, or was when he ceased so to serve, at least 9 years after the date on which he last became a regular policeman; and
who was not when he ceased so to serve, or would not be on or before his retirement date, entitled to reckon 30 years' pensionable service; and
“sixtieth” means, in relation to any person, a sixtieth (including a fraction of a sixtieth) of his average pensionable pay and “additional sixtieths” and the number thereof means, in relation to a person who has made an election under regulation 3, the number of additional sixtieths to which that election related.
2
Subject to paragraph (1), these Regulations shall be construed as one with the principal Regulations.
PART II
PURCHASE OF INCREASED BENEFITS
Election to purchase increased benefits
3
1
Subject to paragraph (2), an eligible policeman may, for the purpose of reckoning an additional number of sixtieths in calculating the awards payable to, or in respect of, him under the principal Regulations, by notice in writing to the police authority elect to make payment to the authority in accordance with the following provisions of these Regulations.
2
A policeman shall not so exercise the right of election accorded by paragraph (1) that the aggregate number of sixtieths reckonable by him exceeds or, if he continued to serve until his retirement date, would exceed 40.
3
When the retirement date of a policeman who has exercised the right of election accorded by paragraph (1) becomes later than it was at the time of his election by reason of his subsequent promotion or the subsequent postponement of that date under regulation A18(2) of the principal Regulations, then, notwithstanding that he may derive no benefit from his election, his liability to make payment in accordance with the following provisions of these Regulations shall not be affected and he shall not be entitled to the repayment of any lump sum or contribution so paid.Lump sum payments
4
1
An eligible policeman who is serving as a regular policeman may, within 12 months of —
a
the date on which he last became a regular policeman, or
b
1st February 1988,
whichever is the later, elect under regulation 3 to make payment by a lump sum calculated in accordance with paragraph 1 or 3, as the case may require, of Part I of the Schedule.
2
An eligible policeman who has ceased to serve as a regular policeman, but who was so serving on 1st February 1988, may within 12 months of 1st February 1988 elect under regulation 3 to make payment by a lump sum calculated in accordance with the said paragraph 1 or 3.
3
A lump sum payment under this regulation shall be made within 3 months of the date of election and, if it is not so made, the election shall be deemed for the purposes of these Regulations never to have been made.
Payment by periodical contributions
5
1
An eligible policeman who is serving as a regular policeman whose retirement date falls not less than 2 years after his birthday next following 1st February 1988 may at any time —
a
within 12 months of 1st February 1988, or
b
not later than 2 years immediately preceding his retirement date,
elect under regulation 3 to make payment by periodical contributions calculated in accordance with paragraph 2 or 3, as the case may require, of Part I of the Schedule.
2
Subject to the following provisions of this regulation and to regulation 7, where a policeman elects to make payment under this regulation, the periodical contributions shall be made as from the date of his birthday falling within the year beginning with the date of his election and shall continue until —
a
his retirement date as at the time of his election, or
b
the date on which he ceases to serve as a regular policeman,
whichever is the earlier.
3
Where a policeman elects to make payment under this regulation within 12 months of 1st February 1988 but less than 2 years before his retirement date the election shall be deemed to have been made on a date 2 years before the said retirement date and any arrears of contributions due by virtue of this paragraph shall be paid in a lump sum within 3 months of the date on which he elects:
Provided that where such a lump sum is not so paid, the foregoing provisions of this paragraph shall not have effect.
4
In the case of a regular policeman who has elected to make payment under this regulation and who, having retired with an ill-health pension before his retirement date, resumes service as such, the periodical contributions shall again become payable and shall continue as provided in paragraph (2).
5
Where a policeman elects to make payment under this regulation, the periodical contributions payable by him for any period shall not, when aggregated with any other pension contributions (including additional, further and special contributions, if any) payable by him for that period, exceed 15% of his pensionable pay but, where a policeman’s periodical contributions are restricted by this paragraph, he shall make a lump sum payment of an amount determined by the Government Actuary to be the actuarial equivalent of the difference between the restricted periodical contributions payable and those which would be payable but for this paragraph.
Conditions relating to the making of elections
6
1
An eligible policeman who is serving as a regular policeman shall not be entitled to elect under regulation 3 to make payment by periodical contributions if he has been required to retire under regulation A20 of the principal Regulations.
2
An eligible policeman shall not, if the police authority so resolve, be entitled to elect under regulation 3 to make payment by periodical contributions unless he has undergone a medical examination and satisfied the authority as to his good health; and any fee payable in respect of that examination shall be paid by him.
Effect of election
7
Subject to regulations 4(3) and 5(3), an election made under regulation 3 shall take effect as from the date on which the police authority receive notice in writing thereof and shall be irrevocable, save that where the police authority are satisfied that the payment of periodical contributions in accordance with such an election is causing, or is likely to cause, financial hardship they may consent to the discontinuance of such contributions for such period as they think fit.
Reckoning of additional benefits
8
1
Where a regular policeman who has made an election under regulation 3 and paid a lump sum or commenced payment of periodical contributions in accordance with that election dies in service, retires on ill-health grounds, or retires on or after reaching his retirement date as at the time of his election, he shall be entitled to reckon all the additional benefits which he elected to purchase, save that where he had discontinued payment of periodical contributions on grounds of financial hardship under regulation 7 he shall be entitled to reckon a proportion of such benefits determined in accordance with the formula set out in sub-paragraph (a) of Part II of the Schedule.
2
Subject to paragraph (3), where a regular policeman who has made an election under regulation 3 and paid a lump sum or commenced payment of periodical contributions in accordance with that election ceases to be a member of a police force in circumstances other than those set out in paragraph (1) and with no entitlement to an award by way of
repayment of his aggregate pension contributions other than an award under paragraph 8 of Part I of Schedule J to the principal Regulations, he shall be entitled to reckon —
a
in the case of a lump sum payment, all the additional benefits which he elected to purchase; and
b
in the case of payment of periodical contributions, a proportion of such benefits determined in accordance with the formula referred to in sub-paragraph (b) of Part II of the Schedule.
3
Where a regular policeman retires with an ordinary pension before his retirement date as at the time of his election, the amount which he is entitled to reckon under sub-paragraph (a) or (b) of paragraph (2) shall be reduced by an amount determined by the appropriate actuarial valuation referred to in sub-paragraph (c) of Part II of the Schedule.
PART III
AMENDMENT OF THE PRINCIPAL REGULATIONS
9
In regulation A10(2) of the principal Regulations, at the end there shall be inserted the following provision: —
g
all payments made by him to a police authority in accordance with an election under regulation 3 of the Police Pensions (Purchase of Increased Benefits) Regulations 1987.
.
PART IV
MODIFICATION OF THE EFFECT OF THE PRINCIPAL REGULATIONS
10
Where a regular policeman has elected under regulation 3 to purchase additional sixtieths, the principal Regulations shall have effect in his case subject to the following modifications: —
a
if he is entitled to any pension, other than an injury pension, the amount thereof as calculated under the appropriate part of Schedule B to the principal Regulations shall be increased by the number of sixtieths which he is entitled to reckon under paragraph (1) or (2) of regulation 8;
b
references to a regular policeman’s pension, however expressed, in the following provisions of the principal Regulations, namely —
regulation B7 (commutation — general provision);
regulation E8 (increase of widow’s pension or child’s allowance during first 13 weeks);
Schedule C, Part I (widow’s ordinary pension) and Part IV (widow’s pension in case of post-retirement marriage);
Schedule D, Part I (child’s ordinary allowance) and Part III (child’s accrued allowance); and
Schedule F, Part II, section 1 (payment of transfer values), paragraph 2,
shall be construed as references to that pension as increased under these Regulations;
c
references to a pension or allowance payable in respect of a regular policeman, however expressed, in the following provisions of the principal Regulations, namely —
regulation E4 (gratuity in lieu of widow’s pension);
regulation E8;
Schedule C, Part I, paragraph 2 and Part III, paragraph 2 (widow’s accrued pension);
Schedule D, Part I and Part III, paragraph 3;
Schedule E, Part III (gratuity in lieu of child’s allowance); and
Schedule F, Part II, section 1, paragraph 3,
shall be construed as references to that pension or allowance as increased by virtue of the operation of these Regulations;
d
a widow’s pension calculated under Part III of Schedule C or paragraphs 3 to 5 of Part II of Schedule J (except the pension for which she may elect under paragraph 3 of Part I or paragraph 3 of Part III of Schedule C) shall be increased by an amount equal to n/120ths of her husband’s average pensionable pay (n being the number of sixtieths which he was entitled to reckon at the time of his death under paragraph (1) or (2) of regulation 8);
e
a child’s ordinary allowance under Part I of Schedule D shall be calculated as if the amounts in paragraph 2(3)(a)(i) and (ii) of Part III of Schedule J were increased by the number of sixtieths which the father was entitled to reckon at the time of his death under paragraph (1) or (2) of regulation 8; and
f
a child’s accrued allowance under Part III of Schedule D shall be calculated as if the length of the father’s half rate service and pensionable service mentioned in paragraph 4 of Part III of Schedule J were increased by a period in years or fractions of a year equal to the number of sixtieths which he was entitled to reckon at the time of his death under paragraph (1) or (2) of regulation 8.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
27th November 1987
We consent,
Michael Neubert
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
17th December 1987


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order, shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Dyfed that the new trunk road is open for through traffic.
4
The length of existing highway to become a trunk road is described in Schedule 3 to this Order and shown by vertical hatching on the deposited plan.
5
In this Order: —
i
All measurements of distance are measured along the route of the relevant highway;
ii
“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;
iii
“the deposited plan” means the plan numbered HA10/2 WO61 marked “The London — Fishguard Trunk Road (Flether Hill — Southleys Improvement) Order 1987” signed by authority of the Secretary of State and deposited at the Welsh Office, Departmental Records Office, Curran Embankment, Penarth Road, Cardiff;
iv
“the new trunk road” means the highway mentioned in article 1 of this Order;
v
“the trunk road” means The London — Fishguard Trunk Road (A40).
6
This Order shall come into force on 29th October 1987 and may be cited as The London — Fishguard Trunk Road (Flether Hill — Southleys Improvement) Order 1987.
Signed by authority of the Secretary of State
G. Mercer
Director of Highways, Welsh Office
1st October 1987


text:
Citation and commencement
1
These Regulations may be cited as the Education (Schools and Further Education) (Amendment) Regulations 1987 and shall come into force for the purposes of this regulation and regulation 2 on 8th June 1987 and for all other purposes on 1st August 1987.
Duration of school year
2
In regulation 10 (Duration of school year and day) of the Education (Schools and Further Education) Regulations 1981 paragraph (7) shall be amended as follows —
1
For the words “the academic year 1985/86” there shall be substituted the words “the year ending on 31st July 1987”;
2
In the proviso, for the words “four sessions” there shall be substituted the words “two sessions”.
3
With effect from 1st August 1987 the said regulation 10 shall be further amended as follows —
1
In paragraph (2), for the provision before the proviso there shall be substituted the following provision —
2
In each academic year a school shall meet for not less than 380 sessions which shall constitute the school year so however that nothing in this paragraph shall require a nursery class to meet for that number of sessions:
;
2
In paragraph (3), for the words “paragraphs (5), (6) and (7)” there shall be substituted the words “paragraphs (5) and (6)”;
3
For paragraph (7) there shall be substituted the following paragraph —
7
In this regulation “academic year” means a period of 12 months beginning on 1st September unless the school has a term beginning in August in which case it means a period of 12 months beginning on 1st August.
.
Revocation
4
The Education (Schools and Further Education) (Amendment) Regulations 1986 are hereby revoked.
Kenneth Baker
Secretary of State for Education and Science
13th May 1987
Nicholas Edwards
Secretary of State for Wales
13th May 1987


text:
1
The County Council of Hampshire (M275 Rudmore Flyover, Portsmouth) Motorway Scheme 1987 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Department of Transport and at the offices of the County Council of Hampshire at The Castle, Winchester, Hampshire, SO23 8UJ.
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 County Council of Hampshire (M275 Rudmore Flyover Portsmouth) Motorway Scheme 1987 Confirmation Instrument 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
30th November 1987


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any 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
The lengths of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road. The length described in paragraph 1 of that Schedule shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Wiltshire that the new trunk road is open for through traffic.
5
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 SWM41 marked “The West of Southampton-Bath Trunk Road A36 (Steeple Langford Bypass) 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 mentioned in article 1 of this Order and
iv
“the Trunk Road”
means The West of Southampton-Bath Trunk Road (A36).
6
This Order shall come into force on 4th September 1987 and may be cited as the West of Southampton-Bath Trunk Road A36 (Steeple Langford Bypass) Order 1987.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
7th August 1987


text:
1
These Regulations may be cited as the Approval of Safety Standards Regulations 1987 and shall come into force on 7th December 1987.
2
The Secretary of State, if he thinks it appropriate to do so for the purposes of section 10(3) of the Consumer Protection Act 1987, may approve (in whole or in part), or cancel any such approval of, any standard of safety (including any amendment or revision of any such standard).
3
Any such approval or cancellation shall be effected by the publication by the Secretary of State, in such manner as he considers appropriate, of a notice specifying the approval or cancellation together with, in each case, the place where copies of the standard of safety to which the approval or cancellation relates may be obtained.
4
The notice referred to in regulation 3 above shall state the date on which the approval or (as the case may be) cancellation shall take effect.
5
An approval given under these Regulations shall, if it is so stated in the notice referred to in regulation 3 above, cease to have effect at the end of such period as may be specified in the notice.
6
A register of approvals given under these Regulations shall be kept by the Secretary of State at such premises and in such form as he may determine, and shall be open to public inspection.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
9th November 1987


text:
Citation and commencement
1
These regulations may be cited as the Social Security (Earnings Factor) Amendment Regulations 1987 and shall come into force on 29th March 1987.
Earnings Factors for the tax year 1986 — 87
2
For the tax year commencing 6th April 1986, paragraph 2 of Schedule 1 to the Social Security (Earnings Factor) Regulations 1979 shall have effect as if for sub-paragraphs (e) and (f) there were substituted the following sub-paragraphs —
e
F is —
i
in relation to any Class 1 contributions paid at a rate specified in section 4(6) — (6B) of the Act —
aa
1.8 where P − Q is less than £156;
bb
142 P - Q + 0.89
where P − Q is not less than £156 but not greater than £1,290.91;
cc
1, where P − Q is greater than £1,290.91;
ii
in relation to any Class 1 contributions paid at a rate so specified as modified by regulations under section 128 of the Act —
aa
1.976, where P is less than £127.90;
bb
140.2 P + 0.88
, where P is not less than £127.90 but not greater than £1,161.82;
cc
1, where P is greater than £1,161.82;
iii
in relation to any Class 1 contributions paid at a rate so specified as modified by regulations under section 129 of the Act —
aa
1.842, where P is less than £148.18;
bb
141.5 P + 0.887
, where P is not less than £148.18 but not greater than £1,255.05;
cc
1, where P is greater than £1,255.05;
iv
in relation to such part of any Class 1 contributions as is paid at the normal percentage in accordance with section 27(1)(a) of the Pensions Act in a year in which no payment is made of contributions to which head (i) above applies —
aa
1.8, where P − Q is less than £98.80;
bb
177.84 P - Q
, where P − Q is not less than £98.80 but not greater than £177.84;
cc
1, where P − Q is greater than £177.84;
v
in relation to such part of any Class 1 contributions as is paid at the normal percentage in accordance with section 27(1)(a) of the Pensions Act in a year in which there are also paid contributions to which head (i) applies —
aa
1.8, where P − Q is less than £156;
bb
142 P - Q + 0.89
where P − Q is not less than £156 but not greater than £1,290.91;
cc
1, where P − Q is greater than £1,290.91;
vi
in relation to such part of any Class 1 contributions as is paid at the normal percentage in accordance with section 27(1)(a) of the Pensions Act as modified by regulations under section 128 of the Act —
aa
1.976, where P − Q is less than £81.02;
bb
160.06 P - Q
, where P − Q is not less than £81.02 but not greater than £160.06;
cc
1, where P − Q is greater than £160.06;
vii
in relation to such part of any Class 1 contributions as is paid at the normal percentage in accordance with section 27(1)(a) of the Pensions Act as modified by regulations under section 129 of the Act —
aa
1.842, where P − Q is less than £93.86;
bb
172.90 P - Q
, where P − Q is not less than £93.86 but not greater than £172.90;
cc
1, where P − Q is greater than £172.90;
f
G is —
i
in relation to any Class 1 contributions paid at the highest of the rates specified in section 4(6) — (6B) of the Act or to any contracted-out contributions ascertained by reference to section 27(2)(a) of the Pensions Act —
aa
2.4, where Q is less than £48.48;
bb
72 Q + 0.915
, where Q lies between £48.48 and £847.06;
cc
1, where Q is greater than £847.06;
ii
in relation to any contracted-out contributions ascertained by reference to section 27(2)(a) of the Pensions Act, as modified by regulations under section 128 of the Act —
aa
3.05, where Q is less than £33.05;
bb
71 Q + 0.902
, where Q lies between £33.05 and £724.49;
cc
1, where Q is greater than £724.49;
iii
in relation to any contracted-out contributions ascertained by reference to section 27(2)(a) of the Pensions Act, as modified by regulations under section 129 of the Act —
aa
2.54, where Q is less than £44.20;
bb
72 Q + 0.911
, where Q lies between £44.20 and £808.99;
cc
1, where Q is greater than £808.99;
and the amount resulting shall be rounded to the nearest whole penny.
.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
3rd March 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 and shall come into force on 11th April 1988.
2
In these Regulations, “the principal Regulations ” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 .
Amendment of Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 5(1) for the words “section 124 of the Act” there shall be substituted the words “section 63 of the Social Security Act 1986” .
3
In regulation 7(b) the words “a widow’s allowance or” shall be omitted.
4
In regulation 11 —
a
in paragraph (1)(c) for the reference to “40” there shall be substituted a reference to “45”;
b
in paragraph (3)(a) for the reference to “50” there shall be substituted a reference to “55”.
5
In regulation 13 —
a
in paragraph (1)(a) for the reference to “40” there shall be substituted a reference to “45”;
b
in paragraph (3) for the reference to “50” there shall be substituted a reference to “55”.
6
In regulation 16 for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph —
a
any person under the age of 19 residing with the widow shall be deemed to be a child falling within section 25(2) of the Act if —
i
the requirements of section 25(2)(a) are satisfied in his case and child benefit would have been payable in respect of him had he not been absent from Great Britain and had a claim for it been made in the manner prescribed under section 6 of the Child Benefit Act 1975 , or
ii
the requirements of section 25(2)(b) or (c) would have been satisfied, and child benefit would have been payable in respect of him continuously since the date of death of the late husband, had he not been absent from Great Britain and had a claim for child benefit been made in respect of him in the manner prescribed under section 6 of the Child Benefit Act 1975; and
.
Widowed Mother’s Allowance in respect of deaths before 11th April 1988
3
1
Where a widowed mother’s allowance is payable to a woman by virtue of regulation 16(1) of the principal Regulations for a period which includes the whole or part of the week preceding 10th April 1988, or would have been so payable but for any of the provisions of the 1975 Act mentioned in paragraph (2) below, regulation 16(1) shall apply to her as though regulation 2(6) above had not been made.
2
The provisions of the 1975 Act mentioned in paragraph (1) above are the proviso to section 25(3) (benefit not payable where a widow and a man to whom she is not married live together as husband and wife), section 82(5)(b) (benefit not payable while person is imprisoned) and section 85 (overlapping benefits).
Savings
4
In the case of a woman whose husband died before 11th April 1988, the following provisions of the principal Regulations, that is to say —
a
regulation 11(1) and (3), and
b
regulation 13(1) and (3),
shall continue to apply as though paragraph (4) or, as the case may be, paragraph (5) of regulation 2 above had not been made.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
26th October 1987


text:
Title, extent and commencement
1
This Order may be cited as the Import and Export (Plant Health) (Great Britain) (Amendment) (No. 2) Order 1987, shall apply to Great Britain and shall come into force on 3rd October 1987.
Amendment of principal Order
2
The Import and Export (Plant Health) (Great Britain) Order 1980 shall be amended as follows –
1
After paragraph (h) of article 5 (prohibition of landing of certain plants etc. ) there shall be inserted the following paragraph –
i
any raw vegetables, intended for consumption or processing, from plants of beets ( Beta L.), carrot ( Daucus L.), celery or celeriac( Apium L.), leek ( Allium L.), turnip or swede, ( Brassica L.) if the consignment contains more than 1% by weight of soil.
.
2
In Part IIIA of Schedule 2, in item 45(7), (soil tolerance in a consignment of potatoes), for “2%” there shall be substituted “1%”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John MacGregorM
Minister of Agriculture, Fisheries and Food
22nd September 1987.
James Douglas-Hamilton
Parliamentary Under-Secretary of State, Scottish Office
22nd September 1987P
Peter Walker
Secretary of State for Wales
22nd September 1987


text:
Citation and commencement
1
This Order may be cited as the Section 19 Minibus (Designated Bodies) Order 1987 and shall come into force on 13th August 1987.
Interpretation
2
In this Order, “ the Act ” means the Transport Act 1985.
Designated bodies
3
1
The bodies specified in column 2 of the Schedule to this Order (who appear to the Secretary of State to be bodies concerned with education, religion, social welfare, recreation, or other activities to the benefit of the community) are hereby designated for the purposes of section 19 of the Act as entitled to grant permits in relation to the use of a small bus.
2
In addition to granting permits to itself, a body designated by paragraph (1) of this article may, under section 19(3) of the Act, grant permits to classes of bodies specified in relation to the body in column 3 of the Schedule to this Order.
Returns
4
Every designated body shall send to the traffic commissioner for the traffic area in which the principal administration of the body to which the permit is granted is carried on:
a
a copy of every such permit, and
b
particulars of every variation or revocation of any such permit
within one month of the grant, variation or revocation as the case may be.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State
Department of Transport
14th July 1987


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (France) (No. 2) Order 1987.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (France) Order 1968 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (France) Order 1971 , by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (France) Order 1973 and by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (France) Order 1987 , have been made with the Government of the French Republic with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of France; and
b
that it is expedient that those arrangements should have effect.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1987 and shall come into force on the following dates:
articles 1 and 2
18th March 1987
article 3
1st June 1987
2
In paragraph 1 of Schedule 1 to the Value Added Tax Act 1983 (liability to be registered) —
a
for “£7,000” there shall be substituted “£7,250”, and
b
for “£20,500”, in each place, there shall be substituted “£21,300”.
3
In paragraph 2 of that Schedule (termination of liability to be registered) —
a
for “£20,500”, in both places, there shall be substituted “£21,300”, and
b
for “£19,500” there shall be substituted “£20,300”.
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Reorganisation (Pensions etc.) (South Yorkshire) Order 1987 and shall come into force on 1st January 1988.
2
In this Order —
“the 1985 Act ” means the Local Government Act 1985;
“ the Authority ” means the body established by article 2(1); and
“the Residuary Body ” means the South Yorkshire Residuary Body.
Establishment of the South Yorkshire Pensions Authority
2
1
On 21st January 1988 there shall be established a body corporate known as the South Yorkshire Pensions Authority to receive the functions, property, rights and liabilities transferred by this Order.
2
Schedule 1 shall have effect in relation to the Authority.
Transfer of pension and other functions
3
On 1st April 1988 the functions, property, rights and liabilities of the Residuary Body which are specified in Schedule 2 shall become the functions, property, rights and liabilities of the Authority.
Reimbursement
4
1
The net expenditure of the Authority in any financial year shall be apportioned between the district councils in the county of South Yorkshire in proportion to the population of their districts, as that population is certified for the making of levies with respect to that year under section 74(2) of the 1985 Act (levies by residuary bodies); and the appropriate portions shall be recoverable by the Authority from each of those councils on written demand.
2
Any such demand as is mentioned in paragraph (1) may be made quarterly with respect to the net expenditure of the Authority in the periods of 3 months beginning on 1st April, 1st July, 1st October and 1st January in any year; and the Authority may require a payment in advance and on account of a demand in relation to such a period (not exceeding its estimate of the amount of that demand) not earlier than one month before the period commences.
3
In this article “net expenditure” means all expenditure and costs incurred by the Authority after deduction of receipts (if any), not being expenditure or costs which may be paid out of, or receipts which fall to be credited to, the superannuation fund maintained by the Authority under the Local Government Superannuation Regulations 1986 .
4
Notwithstanding any winding-up of the Residuary Body pursuant to section 67 of the 1985 Act, the functions of the Registrar General and the Secretary of State under section 74(2) of that Act shall continue with respect to the certification of population for the purposes of the reimbursement of the Authority under this article.
5
For the purposes of any other enactment (including in particular section 34 of the Local Loans Act 1875 ) any sum demanded or required under this article shall be treated as money to be raised out of a rate.
Continuity of the exercise of functions
5
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a matter transferred by article 3 shall, so far as is required for continuing its effect on or after 1st April 1988, have effect as if done by or in relation to the Authority.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination, to the giving of any notice, to the entering into of any agreement or other instrument, and to the bringing of any action or proceeding; but it shall not be construed as transferring an employee of the Residuary Body to the employment of the Authority.
3
Any pending action or proceeding may be amended in such manner as may be necessary or proper in consequence of this Order.
Other supplementary provision
6
1
With effect from 1st April 1988 the Local Government Superannuation Regulations 1986 are amended —
a
by inserting after paragraph (7A) of regulation C1 —
7B
In relation to a pensionable employee of a body the greater part of whose area falls within the metropolitan county of South Yorkshire, the appropriate superannuation fund is the fund maintained by the South Yorkshire Pensions Authority.
;
b
in regulation C1(8), by substituting for the words “(1) to (6)” the words “(1) to (7B)”;
c
in regulation P1(1), by inserting after the words “district council” the words “or the South Yorkshire Pensions Authority”; and
d
in regulation P3(10), by inserting after the definition of “single holding” —
“statutory borrowing power” includes a power to borrow under an instrument made under a statute;
.
2
Without prejudice to the generality of article 5 (continuity of the exercise of functions) —
a
any admission agreement within the meaning of the Local Government Superannuation Regulations 1986 in force immediately before 1st April 1988 whereby employees of any body were, or could become, admitted employees participating in the benefits of the superannuation fund maintained under those Regulations by the Residuary Body shall be of full force and effect in favour of, or against, the Authority;
b
where a person has ceased to contribute to that fund and has not become a contributor to any other superannuation fund maintained under those Regulations, the transferred fund shall on and after 1st April 1988 be deemed to be the fund to which he was last a contributor; and
c
on and after 1st April 1988 the Authority is to be treated as being the previous fund authority for the purposes of Part Q of those Regulations in place of the Residuary Body.
3
Section 61(5) of the 1985 Act shall continue to have effect, so that no liability to reimburse the Authority in respect of any payment made by it shall attach to the Secretary of State, the Arts Council of Great Britain or the Historic Buildings and Monuments Commission for England where no liability to reimburse the Residuary Body would have attached to them if this Order had not been made and the payments concerned had been made by it; and paragraphs 64A and 64B of Schedule 2 to the Pensions (Increase) Act 1971 shall continue to have effect as if pensions payable by the Authority were payable by the Residuary Body.
Nicholas Ridley
Secretary of State for the Environment
7th December 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment No.2 Order 1987 and shall come into force on 28th September 1987.
2
In this Order “the principal Order” means the Food Protection (Emergency Prohibitions) Order 1987 .
Designated incident
2
In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal 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 reactor situated at Chernobyl in the Ukraine, USSR.
Amendment of the principal Order
3
1
In article 4 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
b
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark or with a blue mark, and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
2
In article 5 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of any sheep which was movedfrom any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark or with a green mark or with a blue mark.
.
3
In article 6 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
b
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark or with a blue mark, and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
D.J. Essery
Under Secretary, Scottish Office
New St Andrew’s House,
Edinburgh
25th September 1987