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PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1987 and shall come into force on 3rd September 1987.
Revocation and saving
2
The Regulations specified in Schedule 1 are hereby revoked but, subject as hereinafter provided, any reference in any application or appointment made, notice or approval given, licence, certificate or other document granted or issued or other thing done under the said Regulations to any provision of the Regulations revoked by these Regulations, whether specifically or by means of a general description, shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.
Interpretation
3
1
In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: —
“ 1972 Act ” means the Road Traffic Act 1972;
“ 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“ 1985 Act ” means the Transport Act 1985 ;
“clerk to the traffic commissioner” means the clerk to the traffic commissioner for any traffic area constituted for the purposes of the 1981 Act;
“controlled by a pedestrian” in relation to a vehicle means that the vehicle either —
is constructed or adapted for use under such control; or
is constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it;
“disability” includes disease;
“full licence” means a licence other than a provisional licence;
“group” in relation to a class of motor vehicles means a group of motor vehicles of the classes specified in the second column of Schedule 3, and a group identified by a letter means the group corresponding to the letter in the first column of that Schedule;
“kerbside weight” means the weight of a vehicle when it carries —
in the case of a motor vehicle —
no person; and
a full supply of fuel in its tank, an adequate supply of other liquids incidental to its propulsion and no load other than the tools and equipment with which it is normally equipped; or
in the case of a trailer, no person and is otherwise unladen;
“licence” means a licence to drive a motor vehicle granted under Part III of the 1972 Act;
“licensing authority” means the Secretary of State;
“maximum speed” means the speed which a vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;
“moped” means —
in the case only of motor cycles which are first used on or after 1st August 1977, a motor cycle (not being a motor vehicle of group K) which has a maximum speed which does not exceed 30 miles per hour, a kerbside weight which does not exceed 250 kilograms, and, if propelled by an internal combustion engine, an engine the cylinder capacity of which does not exceed 50 cubic centimetres, or
in the case only of motor cycles which are first used before 1st August 1977, a motor cycle which has an engine with a cylinder capacity not exceeding 50 cubic centimetres and is equipped with pedals by means of which the cycle is capable of being propelled;
“part of a test” means Part I or Part II, as the case may require, of the test for motor bicycles prescribed by regulation 20;
“provisional licence” means a licence granted by virtue of section 88(2) of the 1972 Act;
“test” means a test of competence to drive conducted under section 85 of the 1972 Act and includes a reference to a part of a test;
“vehicle propelled by electrical power” means a vehicle of which the motive power is solely derived from any electrical storage battery carried on the vehicle and not connected to any source of power when the vehicle is in motion;
“vehicle with automatic transmission” means a vehicle in which the driver is not provided with any means whereby he may, independently of the use of the accelerator or the brakes, vary gradually the proportion of the power being produced by the engine which is transmitted to the road wheels of the vehicle.
2
In determining for the purpose of these Regulations when a motor cycle is first used, the date of such first use shall be taken to be such date as is the earliest of the undermentioned relevant dates applicable to that cycle —
a
in the case of a motor cycle registered under the Roads Act 1920 , the Vehicles (Excise) Act 1949 , the Vehicles (Excise) Act 1962 or the Vehicles (Excise) Act 1971 , the relevant date is the date on which it was first so registered; and
b
in each of the following cases: —
i
in the case of a motor cycle which is being or has been used under a trade licence as defined in section 16 of the Vehicles (Excise) Act 1971 (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement);
ii
in the case of a motor cycle which belongs or has belonged to the Crown and which is or was used or appropriated for use for naval, military or air force purposes;
iii
in the case of a motor cycle which belongs or has belonged to a visiting force or a headquarters or defence organisation to which in each case the Visiting Forces and International Headquarters (Application of Law) Order 1965 applies;
iv
in the case of a motor cycle which has been used on roads outside Great Britain and has been imported into Great Britain; and
v
in the case of a motor cycle which has been used otherwise than on roads after being sold or supplied by retail and before being registered,
the relevant date is the date of manufacture of the cycle.
In this paragraph “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.
3
The provisions of paragraph 6 of Schedule 9 to the Road Vehicles (Construction and Use) Regulations 1986 shall apply for determining, for the purposes of the definition of “moped” in paragraph (1), whether the maximum speed of a motor cycle does not exceed 30 mph.
4
Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs.
PART II
LICENCES
Minimum ages for holding or obtaining licences
4
1
Subsection (1) of section 96 of the 1972 Act (which specifies the minimum age for holding or obtaining a licence to drive certain classes of motor vehicles) shall have effect as if in the Table in that subsection —
a
in item 2, the age of 17 were substituted for the age of 16 in relation to all motor cycles other than —
i
mopeds;
ii
motor cycles which are mowing machines; or
iii
motor cycles which are vehicles controlled by a pedestrian;
b
in item 3, the age of 16 were substituted for the age of 17 in the case of a person to whom an award of a mobility allowance has been made in pursuance of section 37A of the Social Security Act 1975 provided that where the award was made before he attained the age of 16 it is in force when he attains that age;
c
in item 4, in relation to an agricultural tractor which —
i
is so constructed that the whole of its weight is transmitted to the road surface by means of wheels;
ii
has an overall width not exceeding 2.45 metres;
iii
is chargeable with duty under section 1 of the Vehicles (Excise) Act 1971 by reference to paragraph 1 of Schedule 3 to that Act as being an agricultural machine or, by virtue of the provisions of section 7(1) of that Act, is not chargeable with duty thereunder; and
iv
is driven without a trailer attached to it, other than a trailer which has an overall width not exceeding 2.45 metres and which is either a two-wheeled or close-coupled four-wheeled trailer,
the age of 16 were substituted for the age of 17, but in the case of a person who has not passed the test of competence prescribed under section 85(2) of the 1972 Act to drive such a tractor, only while taking, proceeding to or returning from, such a test;
d
in item 6, the age of 17 were substituted for the age of 21 in relation to a road roller falling within that item if the roller —
i
is propelled otherwise than by steam;
ii
has an unladen weight not exceeding 11,690 kilograms; and
iii
is not constructed or adapted for the conveyance of a load other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools, loose equipment and objects such as are mentioned in paragraph (3) below,
and if no wheel of the roller is fitted with a pneumatic, soft or elastic tyre;
e
in item 6, the age of 18 were substituted for the age of 21 in the case of a person employed by a Health Authority or, in Scotland, the Common Services Agency when driving a vehicle for the purposes of an ambulance service of such an Authority or of that Agency;
f
in item 6, the age of 18 were substituted for the age of 21 in the case of a person who fulfils the conditions —
i
that he is employed by a registered employer; and
ii
that he is a registered employee of such an employer,
in relation to any vehicle (other than a road roller) which is a heavy goods vehicle (hgv) of a class to which his training agreement applies and is owned by his employer or by a registered hgv driver training establishment;
g
in item 6, the age of 18 were substituted for the age of 21 in relation to a large passenger vehicle where —
i
the driver of the vehicle is not engaged in the carriage of passengers and either holds a licence to drive a public service vehicle granted under section 22 of the 1981 Act, is undergoing a test of his ability to drive a public service vehicle in pursuance of regulations for the time being in force under that section, or is acting under the supervision of a person who holds such a licence; or
ii
the driver is engaged in the carriage of passengers —
a
on a regular service over a route which does not exceed 50 kilometres; or
b
on a national transport operation when the vehicle used is constructed and equipped to carry not more than 17 persons including the driver,
and the vehicle is operated under a PSV operator’s licence granted under section 12 of the 1981 Act, a permit granted under section 19 of the 1985 Act or a community bus permit granted under section 22 of that Act, and in each case the driver holds a licence to drive the vehicle granted under section 22 of the 1981 Act;
h
in items 5 and 6, the age of 17 were substituted for the ages of 18 and 21 respectively in the case of members of the armed forces of the Crown in relation to any vehicle when being used in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 which were continued permanently in force in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act 1959 by section 2 of the Emergency Powers Act 1964 ;
i
in items 5 and 6, the age of 17 were substituted for the ages of 18 and 21 respectively in the case of a member of the armed forces of the Crown when receiving instruction in the driving of heavy goods vehicles of any class in preparation for a test of competence prescribed under section 119 of the 1972 Act to drive vehicles of that class, or when taking, proceeding to, or returning from any such test.
2
For the purposes of paragraph (1)(c) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture, and in that paragraph —
i
“overall width”, in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle; and
ii
“close-coupled”, in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion they remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres.
3
For the purposes of paragraph 1(d) the unladen weight of a vehicle shall be treated as including the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle’s gross weight.
4
In paragraph 1(f) and in this paragraph —
“heavy goods vehicle” has the same meaning as in section 124 of the 1972 Act;
“registered” means registered for the time being by the Training Committee in accordance with the relevant provisions of the training scheme;
“the Training Committee” means the committee which has been established by the employers' associations and the trade unions in the road goods transport industry with a constitution approved by the Secretary of State and which is known as the National Joint Training Committee for Young HGV Drivers in the Road Goods Transport Industry;
“the training scheme” means the scheme which has been established by the Training Committee with the approval of the Secretary of State for training young drivers of hgvs and which provides for —
the registration by the Training Committee of employers who are willing and able to provide hgv driver training for persons employed by them;
the registration by the Training Committee of persons operating establishments for providing hgv driver training;
a syllabus for hgv driver training; and
the registration by the Training Committee of individual employees who are undergoing, or are to undergo, hgv driver training in the service of a registered employer in accordance with a form of agreement approved by the Training Committee;
and “training agreement”, in relation to an individual who is undergoing, or is to undergo, such training as aforesaid, means his agreement therefor with his registered employer in pursuance of the training scheme.
5
In paragraph (1)(g), “large passenger vehicle” means a motor vehicle which is constructed solely to carry passengers and their effects and is adapted to carry more than nine persons inclusive of the driver and expressions used which are also used in the Community Drivers' Ages and Hours of Work Regulation have the same meaning as in that instrument.
6
In paragraph (5), “the Community Drivers' Ages and Hours of Work Regulation” means Council Regulation ( EEC ) 3820/85 as read with regulation 4 of the Community Drivers Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 .
Applications for the grant of licences
5
Applications for the grant of a licence may be received and dealt with at any time within two months before the date on which the grant of the licence is to take effect.
Refusal of a provisional licence for group D
6
1
Notwithstanding anything in section 88 of the 1972 Act and subject to paragraph (2), the licensing authority shall refuse to grant a provisional licence authorising the driving of a motor cycle of a class included in group D if the applicant has held such a licence and the licence applied for would come into force —
a
except in the circumstances specified in sub-paragraph (b) of this paragraph, within the period of one year beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor cycle; or
b
where the licence would be for a period of less than two years and the previous licence was surrendered or revoked, within the period of two months beginning on the date of such surrender or revocation.
2
Paragraph (1) shall not apply —
a
where the previous licence was granted before 1st October 1982;
b
where the applicant appears to the Secretary of State to be a person suffering from a relevant or prospective disability within the meaning of section 87 of the 1972 Act; or
c
where the previous licence was surrendered or revoked in pursuance of section 89(2) or (3) of the 1972 Act.
Fees for licences
7
The fee payable for a licence granted on or after 1st September 1986 shall be, in the case of a licence of a description, and in certain instances granted in particular circumstances, specified in column (1) of the Table in this regulation, the fee specified in relation to that licence in column (2) of that Table.
(1) (2) Description of Licence Amount of Fee
1
The first licence granted on or after 1st September 1986 to a person who has not before that date held either
a
a full licence for any class of vehicle which was granted on or after 1st January 1976, or
b
a provisional licence granted on or after 1st October 1982 not being in either case a licence granted in exchange for a subsisting licence.
£15.00
2
A licence (not falling within paragraph 1 above) granted to a person who, at no time during the period of 10 years ending on the date of coming into force of the licence, has held a licence for any class of vehicle.
£15.00
3
A licence (not being a first full licence or a licence falling within paragraph 1 or 2 above) which is
a
a full licence authorising its holder to drive a class of vehicles for which he has not, during the period of 10 years ending on the date of coming into force of the licence, held a full licence, or
b
a provisional licence, or a full licence not authorising the driving of vehicles of any class in groups A, B, C or E, and which authorises its holder to drive, as a provisional licence holder, vehicles of any class in group D —
i
where the period for which it authorises him to drive such vehicles is a period of two years ending before the date the licence would expire, or
ii
where the holder’s last licence in force did not authorise him to drive such vehicles, or
c
a full or provisional licence granted in exchange for a subsisting licence, except where the licence —
i
is granted free of charge pursuant to section 87(5A)(b) or section 89(4) of the 1972 Act or
ii
is granted in exchange for a licence which was revoked under section 87(5) of that Act or could have been revoked under that section or section 87(5A)(b).
£5.00
4
A duplicate licence.
£5.00
Duration of provisional licences
8
1
Subject to paragraph (2), for the purposes of subsection (1A) of section 89 of the 1972 Act there is hereby prescribed —
a
a motor cycle of a class falling within group D;
b
a period of two years; and
c
in relation to a licence granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked, the circumstances —
i
that the licence would come into force within the period of one year beginning on the date the previous licence was surrendered, revoked, or treated as being revoked; and
ii
that the licence when granted would be for a period of one month or more.
2
Paragraph (1) shall not apply in the case of a licence granted in pursuance of section 89(1) (aa) or (4) of the 1972 Act.
Conditions attached to provisional licences
9
1
Subject to paragraphs (2), (3), (4) and (5), the holder of a provisional licence shall comply with the following conditions in relation to motor vehicles of a class which he is authorised to drive by virtue of the provisional licence, that is to say he shall not drive or ride such a motor vehicle —
a
otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle;
b
unless a distinguishing mark in the form set out in Schedule 2 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle;
c
while it is being used to draw a trailer; and
d
in the case of a motor bicycle not having attached thereto a side-car, while carrying on it a person who is not a qualified driver:
Provided that where the holder of a provisional licence has passed a test which authorises him to be granted a full licence to drive or ride a particular class of vehicles the above-mentioned conditions shall cease to apply in relation to the driving or riding (as the case may be) by him of motor vehicles of that class.
2
The condition specified in paragraph (1)(a) shall not apply when the holder of the provisional licence —
a
is undergoing a test or a test of competence to drive heavy goods vehicles under Part IV of the 1972 Act;
b
is driving a vehicle (not being a motor car) constructed to carry only one person and not adapted to carry more than one person;
c
is driving a vehicle the unladen weight of which does not exceed 815 kilograms, being a vehicle propelled by electrical power, constructed or adapted to carry only one person and constructed or adapted for the carriage of goods or burden of any description;
d
is driving a road roller the unladen weight of which does not exceed 3050 kilograms, being a vehicle constructed or adapted for the carriage of goods or burden of any description;
e
is riding a motor bicycle, whether or not having attached thereto a side-car; or
f
is driving a motor vehicle on a road in an exempted island.
3
The condition specified in paragraph (1)(c) shall not apply when the holder of the provisional licence is driving an agricultural tractor, nor shall it prevent the holder of a provisional licence from driving an articulated vehicle.
4
The condition specified in paragraph (1)(d) shall not apply when the holder of the provisional licence is riding a pedal cycle of the tandem type to which additional means of propulsion by mechanical power are attached.
5
Any holder of a provisional licence need not comply with this regulation during any period in which —
a
he is treated, by virtue of regulation 25, for the purposes of section 84(1) and (2) of the 1972 Act as the holder of a licence; or
b
he is entitled, by virtue of article 2(1) of the Motor Vehicles (International Circulation) Order 1975 ,
to drive motor vehicles of a class which he is authorised to drive by virtue of the provisional licence.
6
In this regulation —
“exempted island” means any island outside the mainland of Great Britain from which motor vehicles, unless constructed for special purposes, can at no time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but this expression “exempted island” does not include any of the following islands, namely, the Isle of Wight, St. Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland (Orkney), Mainland (Shetland), Mull, the island which comprises North Uist, Benbecula and South Uist, Skye and Tiree;
“leg disability” means a disability which consists solely of any one or more of the following —
the absence of a leg or legs;
the deformity of a leg or legs; or
the loss of use of a leg or legs,
and references to a leg include references to a foot or part of a leg or foot, and the reference to loss of use, in relation to a leg, includes a reference to a deficiency of movement or power in the leg;
“qualified driver” means a person who holds —
a full licence authorising him to drive as a full licence holder a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence; or
in the case only of the supervision of the driver of a motor car by a person whose licence is limited, in pursuance of an application in that behalf by him or under section 87(4)(ii) of the 1972 Act solely on account of a leg disability to motor vehicles of a particular construction or design, a full licence authorising him so to drive motor cars of a class falling within the same group as the motor car being driven by the holder of the provisional licence.
Restricted provisional licences
10
A provisional licence shall be restricted so as to authorise only the driving of motor vehicles of a class included in group K in any case where the applicant is unable to read in good daylight at a distance of 20.5 metres (with the aid of glasses or contact lenses if worn) a registration mark which is fixed to a motor vehicle and comprises letters and figures 79.4 millimetres high.
Full licences not carrying provisional entitlement
11
1
Section 88(4) of the 1972 Act shall not apply in the case of a licence which —
a
is limited to vehicles of a particular construction or design whether pursuant to an application in that behalf by the holder of the licence or pursuant to section 87(4)(ii) of the 1972 Act; or
b
authorises its holder to drive vehicles of a class included in group K only.
2
Section 88(4) of the 1972 Act in its application to a full licence granted on or after 1st October 1982 which does not authorise the driving of a vehicle of a class included in group A, B, C, or E shall have effect subject to the limitation that it shall not authorise the holder of such a licence to drive any motor cycle of a class included in group D subject to the same conditions as if he were authorised by a provisional licence to drive the last mentioned vehicles.
Signature of licences
12
Every person to whom a licence is granted shall forthwith sign it in ink with his usual signature.
Lost or defaced licences
13
1
If the holder of a licence —
a
satisfies the licensing authority that —
i
the licence has been lost or defaced; and
ii
the holder is entitled to continue to hold the licence; and
b
pays the fee prescribed by regulation 7,
the licensing authority shall issue to him a duplicate licence and shall endorse thereon any particulars endorsed upon the original licence and the duplicate so issued shall have the same effect as the original.
2
If at any time while a duplicate licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the licensing authority, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to obtain possession of it and if successful shall return it as soon as may be to the licensing authority.
PART III
TESTS OF COMPETENCE TO DRIVE
Persons by whom tests may be conducted
14
1
Subject to paragraph (2) tests may be conducted —
a
by examiners appointed by the licensing authority;
b
by the Secretary of State for Defence, in so far as concerns the testing of persons in the service of the Crown under his department;
c
in England and Wales, by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, in so far as concerns the testing of members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;
d
by any chief officer of police in so far as concerns the testing: —
i
of members of a police force; or
ii
of persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District;
e
by the Commissioner of Police of the Metropolis in so far as concerns the testing of any person who is the holder of or is an applicant for a licence to drive a motor cab by virtue of the Metropolitan Public Carriage Act 1869 ; and
f
by any person appointed for the purpose by the licensing authority under the provisions of regulation 15.
2
Part I of the test for motor bicycles may be conducted by any persons appointed to conduct tests in pursuance of sub-paragraphs (a), (b), (c), (d) or (f) of paragraph (1) and also by any person or body of persons appointed by the licensing authority under regulation 16.
15
1
Any person may apply to the licensing authority to be appointed to conduct tests of persons employed or proposed to be employed by him as drivers, and the licensing authority may, if he is satisfied that —
a
the number of drivers of motor vehicles ordinarily employed by the applicant exceeds 250;
b
proper arrangements will be made by the applicant for the conduct of such tests in accordance with these Regulations; and
c
proper records of such tests and the results thereof will be kept by the applicant,
grant the application subject to any special conditions which he may think fit to impose.
2
The licensing authority may at any time revoke an appointment made by him under this regulation and the authority to conduct tests shall thereupon cease.
16
1
Any person or body of persons may apply to the licensing authority to be appointed, subject to such conditions as the licensing authority thinks fit, to conduct Part I of the test for motor bicycles in so far as concerns the testing of persons who have undergone training in the driving of motor bicycles (without a side-car) of a class included in group D with the person or body appointed under this regulation or with any other such person or body.
2
Any person or body of persons appointed under paragraph (1) to conduct Part I of the test for motor bicycles may authorise suitable persons to act on his or their behalf as examiners of those who submit themselves for that part of a test.
3
Any person authorised under paragraph (2) to act as an examiner shall comply, in relation to the conduct of the part of a test, with any directions given by the licensing authority or, subject to any such directions, any given by the person or body of persons by whom he is authorised.
4
The licensing authority may at any time —
a
revoke an appointment of a person or body under paragraph (1); or
b
revoke an authorisation made under paragraph (2) by any such person or body, of a person to act as an examiner.
5
When the licensing authority revokes an appointment under sub-paragraph (a) of paragraph (4) the power of the person or body of persons to conduct the said part of a test, and the authority of any person to act on behalf of that person or body in the conduct of such part of a test, shall thereupon cease, and where the licensing authority revokes an authorisation under sub-paragraph (b) of that paragraph the authority of the person whose authorisation is revoked to act as an examiner in the conduct of such part of a test on behalf of the person or body by whom he was authorised shall thereupon cease.
17
Any person appointed by sub-paragraph (b), (c), (d), (e) or (f) of paragraph (1) of regulation 14 to conduct tests may, subject to the approval of the licensing authority, authorise suitable persons to act as examiners of those who submit themselves for a test.
Appointments for tests and notice of cancellation thereof
18
1
A person who desires to take a test to be conducted by an examiner appointed under paragraph (1)(a) of regulation 14 shall apply for an appointment for such a test to the clerk to the traffic commissioner.
2
An applicant for such an appointment as aforesaid shall, when making the application, pay to the said clerk such fee in respect of the test as is specified in paragraph (3) of regulation 19 and the clerk shall make any arrangements necessary for the taking of the test.
3
For the purposes of paragraph (b) of section 86 of the 1972 Act (which section specifies the only circumstances in which a fee paid on application for an appointment for a test may be repaid) notice cancelling an appointment for such a test as is mentioned in paragraph (1) shall be given to the clerk to the traffic commissioner by whom the appointment was made not less than three clear days (excluding Saturdays, Sundays, any bank holiday, Christmas Day or Good Friday) before the date of the appointment.
4
In paragraph (3) “bank holiday” means a day which is, or is to be, observed as a bank holiday or a holiday under the Banking and Financial Dealings Act 1971 , either generally or in the locality in which is situated the office of the clerk to the traffic commissioner to whom notice cancelling an appointment for a test falls to be given.
Fees in respect of tests
19
1
The following provisions of this regulation shall apply in the case of a person who submits himself for a test or applies for an appointment for a test.
2
No fee shall be payable —
a
in respect of a test conducted by a person appointed under paragraph (1)(b), (c), (d) or (f) of regulation 14; or
b
in respect of a test where the test prescribed under the Public Service Vehicles (Drivers' Licences) Regulations 1985 is being conducted simultaneously and the fee payable under regulation 10 of those Regulations is payable.
3
The fee payable in respect of a test to be conducted by an examiner appointed under paragraph (1)(a) of regulation 14 is —
a
in the case of Part I of the test for a motor bicycle, £15.60; and
b
in the case of any other test, £15.00, save that no fee is payable in respect of a test to be taken in an invalid carriage.
4
The fee payable in respect of a test to be conducted by a person or body of persons appointed under regulation 16 shall be of such an amount as may be specified by the person or body of persons so appointed, and shall be paid to that person or body of persons to be retained by him or them as remuneration.
5
The fee payable in respect of a test to be conducted by a person appointed by paragraph (1)(e) of regulation 14 is £14.40 and that fee shall be paid to that person to be retained by him as remuneration.
Nature of tests
20
1
Subject to the following provisions of this regulation, the test which a person is required to pass before a licence can be granted to him authorising him to drive a motor vehicle of a class included in any particular group shall be a test carried out on a vehicle of that class which satisfies the person conducting the test: —
a
that the person taking the test is fully conversant with the contents of the Highway Code;
b
generally that the person taking the test is competent to drive, without danger to and with due consideration for other users of the road, the vehicle on which he is tested; and
c
that the person taking the test is able to comply with such of the additional requirements specified in Schedule 4 as are referred to in the third column of Schedule 3 in relation to the group which includes the class of vehicle on which he is tested; and
d
in the case of a licence to drive a motor bicycle (without a side-car) of any class included in group D, that the person taking the test is able to execute the manoeuvres specified in Schedule 5 competently:
Provided that the person conducting the test may be satisfied as to the matters specified in this paragraph where he concludes that the person being tested should only be passed in relation to vehicles of a particular construction or design despite the fact that the test was not conducted on a vehicle of that construction or design.
2
The test which a person is required to pass as prescribed in paragraph (1) before a licence authorising him to drive a motor bicycle (without a side-car) of any class included in group D can be granted to him, shall be divided into two separate parts referred to in these Regulations as Part I and Part II of the test for motor bicycles.
3
Part I of the test for motor bicycles shall satisfy the person conducting the test as to the matter specified in sub-paragraph (d) of paragraph (1) and Part II of the test shall satisfy the person conducting the test as to the other matters specified in that paragraph.
4
A person may not submit himself for Part II of the test for motor bicycles unless he has, within five years of the date he applies for the appointment for that part of the test, passed Part I of the test for motor bicycles, and unless he complies with paragraph (3) of regulation 22.
5
Nothing in sub-paragraph (d) of paragraph (1) or paragraph (2), (3) or (4) shall apply in the case of a person who at the time he applies for an appointment for a test is resident in an island outside the mainland of Great Britain other than —
a
any of the following islands, namely, the Isle of Wight, Lewis and Harris, North Uist, Benbecula and South Uist, Mainland Orkney, Mainland Shetland and Skye; or
b
an island from which motor vehicles, not constructed for special purposes, can at some time be conveniently driven to a road in any part of the mainland of Great Britain, or in an island mentioned at (a) above, because of the presence of a bridge, tunnel, ford, or other way suitable for the passage of such motor vehicles.
6
A person who has passed a test to drive vehicles of a class included in any particular group shall be deemed for the purposes of the 1972 Act and of these Regulations competent to drive, in addition to vehicles of a class included in that particular group, also vehicles of a class included in any other group which is referred to in the fourth column of Schedule 3 as being an additional group in relation to that particular group.
7
In paragraph (6), the reference to a test does not include a reference to Part I of the test for motor bicycles.
Production of vehicle for test etc.
21
1
A person submitting himself for a test shall —
a
provide for the purposes of the test a motor vehicle, which —
i
is suitable for the purposes of the test; and
ii
is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed;
b
sign the examiner’s attendance record;
c
except when the test is for a motor bicycle, allow to travel in the vehicle mentioned in paragraph (1)(a) during the test —
i
the person authorised to conduct the test; and
ii
any person authorised by the licensing authority to attend the test for the purpose of supervising it or otherwise; and
d
when the test is for a motor bicycle, allow the attendance of —
i
the person authorised to conduct the test; and
ii
any person authorised by the licensing authority for the purpose of supervising the test or otherwise.
2
Where a person submitting himself for a test fails —
a
to produce a vehicle which complies with sub-paragraph (a) of paragraph (1); or
b
to comply with any of the provisions of sub-paragraphs (b), (c) and (d) of that paragraph,
the examiner may refuse to conduct the test.
Evidence of results of tests
22
1
A person who passes a test shall be furnished with a certificate to that effect in the form (adapted as the case may require) set out in Part I of Schedule 6.
2
A person who fails to pass a test shall be furnished with a statement to that effect in the form (adapted as the case may require) set out in Part II of Schedule 6.
3
An applicant for an appointment for Part II of the test for motor bicycles to be conducted by an examiner appointed under paragraph (1)(a) of regulation 14 shall at the time when he applies for the appointment deliver to the clerk to the traffic commissioner a certificate furnished to him under paragraph (1) in respect of Part I of that test on a form supplied by the licensing authority.
4
An applicant for a licence who before the licence is granted is required to satisfy the licensing authority that he has passed a test shall at the time when he applies for the licence deliver the certificate furnished to him under paragraph (1) to the licensing authority for retention.
5
Forms for certificates evidencing the results of tests for Part I of the test of competence for motor bicycles to be conducted by a person or body of persons appointed in pursuance of regulation 16 shall be supplied to the person or body of persons by the licensing authority at a charge of £2.10 per form.
Period of ineligiblity for a subsequent test
23
1
Subject to the provisions of section 85(3) of the 1972 Act the period during which a person who has submitted himself for a test and failed to pass that test shall be ineligible to submit himself for another test on a vehicle of a class included in the same group shall be one month.
2
In this regulation, the reference to a test includes a reference to Part II of the test for motor bicycles but not to Part I of that test.
PART IV
SUPPLEMENTARY
Disabilities
24
1
The following disabilities are prescribed for the purposes of section 87(1) of the 1972 Act —
a
epilepsy;
b
severe mental handicap;
c
liability to sudden attacks of disabling giddiness or fainting, other than such attacks falling within paragraph (1)(d);
d
liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart as a result of which the applicant for the licence or, as the case may be, the holder of the licence has a device implanted in his body, being a device which, by operating on the heart so as to regulate its action, is designed to correct the disorder or defect; and
e
inability to read in good daylight (with the aid of glasses or contact lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of —
i
20.5 metres, in any case except that mentioned below; or
ii
12.3 metres, in the case of an applicant for a licence authorising the driving of vehicles of a class included in group K only.
2
Epilepsy is prescribed for the purposes of section 87(3)(b) of the 1972 Act and an applicant for a licence suffering from epilepsy shall satisfy the conditions that —
a
he shall have been free from any epileptic attack during the period of two years immediately preceding the date when the licence is to have effect; or
b
in the case of an applicant who has had such attacks whilst asleep during that period, he shall have had such attacks only whilst asleep during a period of at least three years immediately preceding the date when the licence is to have effect; and
c
the driving of a vehicle by him in pursuance of the licence is not likely to be a source of danger to the public.
3
The disability prescribed in paragraph (1)(d) is prescribed for the purpose of section 87(3)(b) of the 1972 Act and an applicant for a licence suffering from that disability shall satisfy the conditions that —
a
the driving of a vehicle by him in pursuance of the licence is not likely to be a source of danger to the public; and
b
he has made adequate arrangements to receive regular medical supervision by a cardiologist (being a supervision to be continued throughout the period of the licence) and is conforming to those arrangements.
4
The following disability is prescribed for the purposes of paragraphs (a) and (c) of section 87(3) of the 1972 Act namely, a disability which is not progressive in nature and which consists solely of any one or more of the following: —
a
the absence of one or more limbs;
b
the deformity of one or more limbs; and
c
the loss of use of one or more limbs.
5
The disability prescribed in paragraph (1)(e) is prescribed for the purposes of section 87A(2)(b) of the 1972 Act.
6
a
In paragraph (1)(b), the expression “severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.
b
In paragraph (3)(b), the expression “cardiologist” means a registered medical practitioner who specialises in disorders or defects of the heart and who, in that connection, holds a hospital appointment.
c
In paragraph (4), references to a limb include references to a part of a limb, and the reference to loss of use, in relation to a limb, includes a reference to a deficiency of limb movement or power.
Persons who become resident in Great Britain
25
1
A person who becomes resident in Great Britain shall during the period of one year after he becomes so resident be treated for the purposes of section 84(1) and (2) of the 1972 Act as the holder of a licence authorising him to drive motor vehicles of the classes which he is authorised to drive by any permit of which he is a holder, if he satisfies the conditions specified in paragraph (2).
2
The conditions mentioned in paragraph (1) are that: —
a
the person who becomes resident shall be the holder of a permit which is for the time being valid; and
b
he is not disqualified for holding or obtaining a licence in Great Britain.
3
The following enactments relating to licences or licence holders shall apply in relation to permits or the holders of permits (as the case may be) subject to modifications in accordance with the following provisions: —
a
section 105(2) of the 1972 Act (which relates to the duties of a court when they order a disqualification or an endorsement) shall apply as if for the words “shall also on the production of the licence” onwards there were substituted the words “shall also on the production of the permit retain it and forward it to the licensing authority who shall keep the permit until the disqualification has expired or been removed or the person entitled to the permit leaves Great Britain and in any case has made a demand in writing for its return to him”;
b
section 101(4) of the 1972 Act (which relates to the duty of a licence holder to produce it to a court) shall apply as if the references to a licence included a reference to a permit, but with the omission of the words, “before making any order under subsection (1) above” and the words “then, unless he satisfies the court that he has applied for a new licence and has not received it”;
c
section 95(4) of the 1972 Act (which relates to the duty of a court when they order a disqualification to be removed) shall apply in relation to the holder of a permit as if for the words “endorsed on the licence” onwards there were substituted the words “notified to the licensing authority”;
d
section 161(1) and (4) of the 1972 Act (which authorise a police constable to require the production of a licence) shall apply as if the references to a licence included a reference to a permit;
e
section 164(2) of the 1972 Act (which authorises a police constable to arrest a driver committing certain offences unless the driver gives his name and address or produces his driving licence) shall apply as if the references to a licence included a reference to a permit; and
f
section 169(1) of the 1972 Act (which relates to the forgery and misuse of licences) shall apply as if the reference in paragraph (a) of subsection (2) of that section to a licence included a reference to a permit.
4
In this regulation “permit” means a “domestic driving permit” a “Convention driving permit” or a “British Forces ( BFG ) driving licence” as defined in article 2(6) of the Motor Vehicles (International Circulation) Order 1975 not being a domestic driving permit or a British Forces (BFG) driving licence in the case of which any order made, or having effect as if made, by the Secretary of State is for the time being in force under article 2(5) of that Order.
Statement of date of birth
26
The circumstances in which a person specified in section 161(1) of the 1972 Act shall, on being required by a police constable, state his date of birth are as follows: —
1
where that person fails to produce forthwith for examination his licence on being required to do so by a police constable under that section; or
2
where, on being so required, that person produces a licence —
a
which the police constable in question has reason to suspect —
i
was not granted to that person;
ii
was granted to that person in error; or
iii
contains an alteration in the particulars entered on the licence (other than as described in paragraph (b) below) made with intent to deceive; or
b
in which the driver number has been altered, removed or defaced.
3
In paragraph (2), “driver number” means the number described as the driver number in the licence.
Learner motor cycles
27
For the purposes of section 88(2)(c) of the 1972 Act (provisional licence not to authorise the driving of certain motor cycles) the first use of a motor cycle shall be taken to have occurred on the date of first use as determined in accordance with paragraph (2) of regulation 3.
Invalid carriages
28
For the purposes of Part III of the 1972 Act and all regulations made thereunder the maximum weight specified in section 190(5) of that Act (which defines the expression “invalid carriage” for the purposes of the Act) shall be varied from 254 kilograms to 510 kilograms.
Entitlement to groups
29
The groups of vehicles specified in column 2 of the table in Schedule 3 are hereby designated as groups for the purposes of paragraphs (a) and (b) of section 85(1) of the 1972 Act.
Effect of changes in classification of vehicles by reason of changed definition of “moped”
30
1
In licences (whether full or provisional) issued before 1st August 1977 —
a
any reference to motor vehicles of group E shall be construed as a reference to motor vehicles of new group E;
b
any reference to motor vehicles of group L shall be construed as reference to motor vehicles of new group L;
c
any reference to motor vehicles of any other group the constitution of which was affected by the amendments made by the Motor Vehicles (Driving Licences) (Amendment) Regulations 1976 shall be construed as references to motor vehicles of the group in question as so amended in constitution; and
d
any reference to a moped shall be construed by reference to the revised definition of “moped”.
2
In relation to an application for the grant of a licence by a person who —
a
before 1st August 1977 held a licence granted under Part III of the 1972 Act, or under any enactment which that Part replaced, or under a relevant external law (as defined in section 85(1) of the 1972 Act) to drive motor vehicles of a class included in old group E; or
b
before that date passed a test to drive motor vehicles of a class included in old group E or a test which by virtue of regulation 20(6) is regarded as a test to drive such motor vehicles,
and in relation to any licence issued in pursuance of such applications, the licence which he held, or the test which he passed, before that date shall for the purposes of section 85(1) and (4) of the 1972 Act (restrictions on grant of licences etc.) be regarded as a licence or test (as the case may be) to drive vehicles of a class included in new group E.
3
A person whose entitlement to the grant of a licence to drive vehicles of new group E is preserved by this regulation may, not withstanding anything in section 84(1) and (2) of the 1972 Act (drivers of motor vehicles to have driving licences), at any time pending the grant of such a licence to him drive, and be employed in driving, such vehicles if —
a
his application in accordance with section 88(1)(a) of the 1972 Act (provisions as to grant of licences), together with the fee prescribed under that section, for the grant of such a licence has been received by the Secretary of State;
b
he satisfies the requirements of subsection (1)(b) and (c) of that section;
c
he is not disqualified by reason of age or otherwise for obtaining the licence;
d
he is not a person to whom the Secretary of State is required by section 87(2) of the 1972 Act (requirements as to physical fitness of drivers) to refuse to grant the licence;
e
in the case of a person on whom notice under subsection (4) of that section, or any enactment which that provision replaced, has been served, the vehicles are of the particular construction and design specified in the notice; and
f
he complies, in relation to that driving, with such of the conditions specified in regulation 8(1) as will apply to the driving of those vehicles by him under the authority of that licence, when granted.
4
In this regulation, references to “old group” and “new group” followed by a letter are references respectively to the group in question as constituted before and after the coming into operation of the Motor Vehicles (Driving Licences) (Amendment) Regulations 1976, and the reference to the revised definition of “moped” is a reference to the definition of that word in regulation 3(1), which was inserted in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 1976 by the said amendment Regulations.
Effect of changes in classification of vehicles by reason of changed weight limit for motor tricycles
31
1
In licences (whether full or provisional) issued before the date of re-classification any reference to motor vehicles of a group identified by a letter shall be construed for all purposes on and after that date as a reference to motor vehicles of the new group as well as the old group identified by that letter.
2
In relation to an application for the grant of a licence coming into force on or after the date of re-classification by a person who —
a
before that date held a licence granted under Part III of the 1972 Act, or under any enactment which that Part III replaced, or under a relevant external law (as defined in section 85(1) of the 1972 Act) to drive motor vehicles of a class included in an old group; or
b
before that date passed a test to drive motor vehicles of a class included in an old group or a test which by virtue of regulation 20(6) is regarded as a test to drive such vehicles,
and in relation to any licence issued in pursuance of such an application, the licence which he held, or the test which he passed, before that date shall, for the purposes of section 85(1) and (4) of the 1972 Act (restrictions on the grant of licences etc.), be regarded as a licence or test, as the case may be, to drive vehicles of a class included in the new group as well as the old group identified by the same letter.
3
In this regulation references to “old group” and “new group” are references respectively to the group in question as constituted before and after the date of re-classification and “the date of re-classification” refers respectively to 12th August 1981 when the weight limit for motor tricycles in group C was increased to 425 kilograms unladen and 2nd September 1985 when that weight limit was increased to 450 kilograms unladen.
Effect of changes in classification of vehicles by reason of deletion of group M
32
1
The deletion of group M in Schedule 3 by regulation 9(e) of the Motor Vehicles (Driving Licences) (Amendment) ( No. 4) Regulations 1982 shall not affect —
a
any entitlement of a holder of a licence for vehicles of a class included in that group granted before the date of coming into operation of the said regulation 9(e) to drive vehicles of that class, and vehicles of any other class included in that group, in pursuance of the licence; or
b
any such licence ceasing to be in force whether before or after that date, or any right that the person who held the licence would have had to the grant of a further licence on or after that date authorising him to drive such vehicles.
2
In licences (whether full or provisional) issued before the date of coming into operation of regulation 9(e) of the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1982 any reference to groups A or B shall be construed for all purposes on and after that date as a reference to the groups as prescribed in these Regulations on and after that date.
Signed by the authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th July 1987
We approve the making of regulations 7 and 19 of these Regulations.
Michael Neubert
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1987


type: legislation

jurisdiction: UK

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 as from the date on which the Secretary of State notifies the County Council of Cheshire that the new trunk road is open for through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA10/1CNW248 marked “The North of Newcastle-under-Lyme-Tarvin Trunk Road (A51 Diversion North of Hurleston) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road”
means North of Newcastle-under-Lyme — Tarvin Trunk Road (A51).
5
This Order shall come into force on the 17th June 1987 and may be cited as the North of Newcastle-under-Lyme — Tarvin Trunk Road (A51 Diversion North of Hurleston) Order 1987.
Signed by authority of the Secretary of State
F. Kendall
Regional Director North West Region
Department of Transport
19th May 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations,
“discharge”means any release, howsoever caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; but does not include —
a
dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed in London on 13th November 1972 ; or
b
any release directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or
c
any release for the purposes of legitimate scientific research into pollution abatement or control;
“the IMDG Code”means the 1977 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organization, as amended from time to time by any document which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“in packaged form”means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;
“marine pollutant”means a substance which is identified as a marine pollutant in the IMDG CODE;
“noxious liquid substance”means any substance which is within the definition of“noxious liquid substances”in regulation 1(2) of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 .
“oil”means petroleum in any form including crude oil, fuel oil, sludge and oil refuse and any refined petroleum products, other than petro chemicals which are noxious liquid substances;
“sea”includes any estuary or arm of the sea;
“ship”means a vessel of any type whatsoever operating in the marine environment including waters navigable by sea-going vessels and includes submersible craft, floating craft and a structure which is a fixed or floating platform but excludes hovercraft;
“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 either 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 a part of 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
These Regulations apply to:
a
United Kingdom ships and;
b
other ships while they are within the United Kingdom or the territorial waters thereof.
Duty to report
3
The master of a ship involved in an incident at sea involving
a
an actual or probable discharge of oil, or a noxious liquid substance carried in bulk resulting or likely to result from damage to the ship or its equipment, or made or likely to be made for the purpose of securing the safety of a ship or saving life at sea; or
b
an actual or probable discharge of a marine pollutant in packaged form from the ship;
c
an actual discharge during the operation of the ship of oil or a noxious liquid substance in excess of the quantity or instantaneous rate permitted under the relevant provisions of Part 3 of the Merchant Shipping (Prevention of Oil Pollution) Regulation 1983 or Part II of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 ;
shall report the particulars of such an incident without delay and to the fullest extent possible in accordance with the requirements of regulation 4.
2
In the event of a report from such a ship being incomplete or unobtainable, the owner, shall, to the fullest extent practicable, make or complete the report required by paragraph (1).
Contents of Reports
4
The report or the initial report if there is more than one shall in every case include:
a
the identity of ship or ships involved;
b
the time, type and location of incident;
c
the quantity and type of substance involved;
d
the assistance or salvage measures requested or being undertaken.
Supplementary reports
5
Any person required under regulation 3(1) or (2) to make a report shall, if possible: —
a
make such a supplementary report or reports as may be appropriate in the circumstances —
i
supplementing the information contained in the initial report as necessary; and
ii
providing information concerning further developments; and
b
comply as fully as possible with any request for additional information made by or on behalf of the government of a state whose interests may be affected by the incident.
Reporting procedures
6
Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal state.
Penalties
7
1
Any breach of regulation 3 or 5 shall be 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 precautions and exercised due diligence to avoid the commission of the offence.
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
26th March 1987


text:
1
These Regulations may be cited as the Special Constables (Injury Benefit) (Amendment) Regulations 1987.
2
These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.
3
Regulation 4 of the Special Constables (Injury Benefit) Regulations 1987 shall be amended as follows —
a
after the words “Police (Injury Benefit) Regulations 1987” there shall be inserted the words “(as amended by the Police (Injury Benefit) (Amendment) Regulations 1987)” ; and
b
in paragraph (a)(iii), the words “on or after that date and” shall be omitted.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd March 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Auditors) Regulations 1987 and shall come into force on 27th July 1987.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Pensions Act 1975;
“the Appointing Body”, in relation to any scheme, means the person or body designated in any document constituting the scheme as the person or body with the function of appointing the auditor of the scheme, or, where there is no such person or body, the trustees of the scheme;
“beneficiary”, in relation to any scheme, means a person, other than a member of the scheme, who is entitled to payment of benefits under the scheme;
“the Disclosure Regulations ” means the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 ;
“employer”, in relation to a member or prospective member of a scheme, bears the meaning assigned to it by regulation 2(4) and (5) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 ;
“funded”, in relation to benefits under a scheme, bears the meaning assigned to it by regulation 1(2) of the Disclosure Regulations;
“member” and “prospective member”, in relation to any scheme, bear the meaning respectively assigned to those expressions by regulation 2(2) and (3) of the Disclosure Regulations;
“scheme” means occupational pension scheme;
“scheme year”, in relation to any scheme, bears the meaning assigned to it by regulation 1(2) of the Disclosure Regulations;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme;
“unfunded scheme” means a scheme whose benefits are not funded;
and other expressions have the same meaning as in the Act.
3
Except so far as the context otherwise requires, any reference —
a
in these Regulations to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Application of Regulations
2
None of the requirements of these Regulations shall apply to any scheme to which regulation 7 of the Disclosure Regulations does not apply.
Appointment, resignation and removal of auditors
3
1
The Appointing Body of a scheme shall appoint one or more persons who satisfy the requirements of regulation 7(3) of the Disclosure Regulations to audit the scheme’s accounts for each scheme year, or, where the scheme was in operation for only part of a particular scheme year, for that part of that scheme year.
2
The Appointing Body of a scheme may remove an auditor at any time by serving on him a notice in writing stating the date with effect from which his appointment is terminated.
3
Subject to the provisions of paragraph (4), an auditor of a scheme may resign at any time by Serving on the Appointing Body and the trustees of the scheme a notice in writing, and if he does so his resignation shall be effective from the date (if any) specified in the notice as being that from which he wishes his resignation to be effective, or, if no such date is so specified, the date on which the Appointing Body receives the notice.
4
An auditor’s resignation shall not be effective unless the notice referred to in paragraph (3) contains either —
a
a statement specifying any circumstances connected with the auditor’s proposed resignation which, in his opinion, significantly affect the interests of the members or prospective members of, or beneficiaries under, the scheme; or
b
a statement that the auditor knows of no such circumstances.
5
Where an auditor is removed in accordance with paragraph (2), he shall, within 14 days of the removal, serve on the Appointing Body and the trustees of the scheme either —
a
a statement specifying any circumstances connected with the removal which, in his opinion, significantly affect the interests of the members or prospective members of, or beneficiaries under, the scheme; or
b
a statement that the auditor knows of no such circumstances.
6
When the last remaining or only auditor who was appointed to audit the accounts for a scheme —
a
is removed by the Appointing Body;
b
resigns; or
c
dies,
before completing the audit of those accounts for a scheme year or part of a scheme year, the Appointing Body shall either reappoint him with his consent, or appoint one or more other auditors in his place, as soon as reasonably practicable, to audit those accounts.
7
In a case where a statement has been made under paragraph (4) or (5), the trustees shall —
a
furnish the next auditor whom the Appointing Body appoints with a copy of that statement on or before the day on which he is appointed, or, if it is later, on or before the fourteenth day after they receive the statement; and
b
furnish any other auditor who is still in office with a copy of that statement on or before the fourteenth day after they receive it.
Disclosure of information by employers
4
It shall be the duty of —
a
any employer who employs any member or prospective member of a scheme in employment to which the scheme applies, and
b
the auditors (if any) of such an employer,
to furnish the trustees and the auditor of the scheme with such information and explanation as may reasonably be required for the performance of the duties of the auditor of the scheme.
Disclosure of information by trustees
5
The trustees of a scheme shall —
a
allow the auditor of the scheme access at all reasonable times to the scheme’s books, accounts and vouchers, and
b
furnish the auditor with such information and explanation as may reasonably be required for the performance of the duties of the auditor.
Statement in auditor’s report
6
In any case where the auditor considers that he has failed to obtain all the information and explanation which, to the best of his knowledge and belief, are necessary for the purposes of his audit, he shall make a statement to that effect in his auditor’s report and (so far as he knows them) give the reasons for the failure.
Service of documents
7
Any —
a
information or document which these Regulations require any person to furnish or serve; or
b
request for information or a document to be furnished in pursuance of these Regulations,
may be furnished, served or made by post.
Offences and penalties
8
Any person who, without reasonable excuse, contravenes or fails to comply with any requirement imposed on him by regulation 3(7), 4 or 5 shall be liable on summary conviction to a penalty not exceeding £400 or where the offence consists of continuing any such contravention or failure after conviction thereof, £40 for each day on which it is so continued.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
Citation and commencement
1
This Order may be cited as the Social Security (Class 1 Contributions — Contracted-out Percentages) Order 1987, and shall come into force on 6th April 1988.
Alteration of contracted-out rates of Class 1 contributions
2
In the definition of “the contracted-out percentage” contained in section 27(2) of the Social Security Pensions Act 1975 the following alterations shall be made —
a
for the figures “2.15” in paragraph (a) there shall be substituted “2.0”; and
b
for the figures “4.1” in paragraph (b) there shall be substituted “3.8”.
Consequential provision
3
In paragraph 2(2) of Schedule 3 to the Social Security Pensions Act 1975 (priority in bankruptcy: employer’s contributions to an occupational pension scheme), so far as the percentages specified in that paragraph apply in relation to earnings paid or payable as from 6th April 1988, the following alterations shall be made —
a
for the figures “6.25” in paragraph (i) there shall be substituted “5.8”; and
b
for the figures “4.1” in paragraph (ii) there shall be substituted “3.8”.
Revocation of Order
4
The Social Security (Class 1 Contributions — Contracted-out Percentages) Order 1982 is hereby revoked.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
3rd April 1987.


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order, the centre lines of which are indicated by heavy black lines on the deposited plan, shall become trunk roads as from the date when this Order comes into force.
2
The highway along the route described in Schedule 2 to this Order, which is indicated by narrow striped hatching on the deposited plan, shall become a trunk road as from the date on which the Secretary of State notifies the appropriate highway authority that the new highways are open for through traffic.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new highways that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2E/261 marked “The A43 Oxford–Market Deeping Trunk Road (Kettering Northern Bypass) Order 1987”, containing a key plan and a site plan, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new highways” means the highways mentioned in article 1 of this Order;
iii
“the A6 Trunk Road” means the A6 London–Carlisle–Glasgow–Inverness Trunk Road; and
iv
“the Trunk Road” means the Oxford–Market Deeping Trunk Road (A43).
5
This Order shall come into force on 23rd October 1987 and may be cited as the A43 Oxford–Market Deeping Trunk Road (Kettering Northern Bypass) Order 1987.
Signed by authority of the Secretary of State
P.M. Hewitt
Regional Director, East Midlands Region,
Department of Transport
21st September 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No.2) Regulations 1987 and shall come into force on 4th January 1988.
2
These Regulations shall be read as one with the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (“the principal Regulations”).
Occupational deafness
2
1
Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and related occupations) shall be amended in accordance with paragraph (2) below in relation to the occupations set against the disease numbered A10 (occupational deafness) in the second column of that Schedule.
2
For sub-paragraphs (a), (b), (c), (d) and (e), there shall be substituted the following sub-paragraphs: —
a
the use of powered (but not hand powered) grinding tools on cast metal (other than weld metal) or on billets or blooms in the metal producing industry, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
b
the use of pneumatic percussive tools on metal, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
c
the use of pneumatic percussive tools for drilling rock in quarries or underground or in mining coal, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
d
work wholly or mainly in the immediate vicinity of plant (excluding power press plant) engaged in the forging (including drop stamping) of metal by means of closed or open dies or drop hammers; or
e
work in textile manufacturing where the work is undertaken wholly or mainly in rooms or sheds in which there are machines engaged in weaving man-made or natural (including mineral) fibres or in the high speed false twisting of fibres; or
.
Addition of prescribed diseases in relation to halogenated aliphatic hydrocarbons,n-hexane and methyl n-butyl ketone
3
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
Part I of Schedule 1 shall be amended by the addition after the disease numbered C25 (occupational vitiligo) of the diseases specified in the first column of the Schedule to these Regulations and of the occupations set against those diseases in the second column of that Schedule.
3
In Schedule 4 to the principal Regulations (relevant dates for the purposes of regulation 43) after the entry relating to the disease numbered C25 (occupational vitiligo) there shall be inserted —
a
in the first column the words
C26 Damage to the liver or kidneys due to exposure to Carbon Tetrachloride.
C27 Damage to the liver or kidneys due to exposure to Trichloromethane (Chloroform).
C28 Central nervous system dysfunction and associated gastro-intestinal disorders due to exposure to Chloromethane (Methyl Chloride).
C29 Peripheral neuropathy due to exposure to n-hexane or methyl n-butyl ketone.
; and
b
in the second column against each of the diseases listed in sub-paragraph (a) above the date “4th January 1988”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
7th December 1987


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Nigeria) Order 1987.
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in the Schedule to this Order have been made with the Government of the Federal Republic of Nigeria 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 Nigeria;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Nigeria concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and Commencement
1
These Regulations may be cited as the Spoilt Beer (Remission and Repayment of Duty) Regulations 1987 and shall come into force on 1st April 1987.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“accounting period”means one month or such other period as the Commissioners may in any particular case determine;
“approved”means approved by the Commissioners;
“brewing record”means the record maintained pursuant to regulation 7(1) or, as the case may be, regulation 7(5) of the principal Regulations;
“calculated original gravity”means original gravity calculated in accordance with regulation 14(3) of the principal Regulations;
“diluted”means diluted by the addition of water;
“the principal Regulations”means the Beer Regulations 1985 ;
“return of duty”means the return prepared pursuant to regulation 15(1) of the principal Regulations.
Revocation
3
Part VII of and Schedules 3, 4, 5 and 6 to the principal Regulations (Spoilt Beer) are revoked.
Introduction
4
Remission or repayment of duty in respect of beer which has been removed from the entered premises of a brewer for sale and which has become spoilt or otherwise unfit for use, is subject to compliance with the conditions set out in these Regulations.
Vessels and premises
5
1
The brewer for sale shall–
a
make entry of an area of his premises to be used for the storage of spoilt beer or of other premises approved for that purpose; and
b
except as the Commissioners otherwise allow, provide and make entry of a container (hereinafter called a“spoilt beer vessel”) of a size acceptable to the Commissioners.
2
The area entered under paragraph (1)(a) above shall be kept free of beer which has been diluted or had any substance added other than as permitted by or under the Alcoholic Liquor Duties Act 1979 and, if this condition is not complied with, there will be no remission or repayment of duty on spoilt beer in the area at that time unless allowed by the proper officer.
3
Except in the case of cellar tank beer, bottled beer and canned beer, spoilt beer shall be returned to the brewer in the container in which it left the entered premises and shall be kept in that container until it is emptied in accordance with these Regulations.
4
Remission or repayment of duty shall not be allowed unless the volume of the beer exceeds 3 per cent. of the volume of the container in which it left the entered premises or of the cellar tank to which it was transferred.
Determination of original gravity
6
Except as the Commissioners otherwise allow, the original gravity of spoilt beer shall be determined in accordance with regulation 14 of the principal Regulations.
Destruction
7
1
Except as the Commissioners otherwise allow, spoilt beer shall be destroyed in the following manner–
a
destruction shall take place in the spoilt beer vessel; and
b
destruction shall be by the addition of 0.3 per cent. by volume of acetic, formic or propionic acid, or by the addition of an approved dye in an approved proportion.
2
Following destruction spoilt beer shall remain in the spoilt beer vessel in which it was destroyed for at least 2 hours or until inspected by the proper officer, if earlier.
3
Destruction shall not take place on a Saturday, Sunday or public holiday.
Procedure
8
1
Except as the proper officer otherwise allows, the brewer for sale shall, at least 24 hours before emptying spoilt beer from any container, enter in the brewing record the proposed date and time of the beginning of that operation.
2
Where destruction is to take place in a spoilt beer vessel the brewer for sale shall, before emptying any spoilt beer into the vessel, ensure that it is empty and certify in the brewing record that the vessel is empty.
3
Except as the proper officer otherwise allows, the brewer for sale shall, at least 24 hours before destroying spoilt beer–
a
enter the date and time of the proposed destruction in the brewing record; and
b
notify the proper officer in an approved manner of the date and time of the proposed destruction.
4
Except as the proper officer otherwise allows, the brewer for sale shall, at least one hour before destroying the spoilt beer–
a
enter in the brewing record the dry dip of the spoilt beer vessel and the quantity of the spoilt beer;
b
enter in the brewing record the quantity and type of acid or dye to be used to destroy the spoilt beer;
c
ensure that the spoilt beer is thoroughly roused;
d
take a sample for the use of the proper officer, and add an approved substance for the purpose of preservation;
e
keep the sample until the end of the second accounting period following that in which the beer was destroyed, or until authorised by the proper officer, if earlier; and
f
determine the original gravity in accordance with regulation 6 above and enter the result in the brewing record when it is known to him.
5
Within one hour of the completion of destruction the brewer for sale shall enter the date and time of completion in the brewing record.
Claims
9
1
The brewer for sale shall make a claim for remission or repayment of duty to the proper officer and, except as the Commissioners otherwise allow, that claim shall contain the particulars set out in the Schedule to these Regulations.
2
Except as the proper officer otherwise allows, claims shall be made by the end of the accounting period following that in which the spoilt beer was destroyed.
3
When there is a change in the rate of duty, separate claims shall be made for spoilt beer liable to the old and new rates of duty.
Remission and repayment
10
1
Remission or repayment of duty shall not be made unless the claim is authorised by the proper officer.
2
Except as the proper officer otherwise allows, authorised claims shall be accounted for on the next return of duty.
Records
11
1
The brewer for sale shall keep records establishing that duty has been charged or paid on the spoilt beer and the amount of that charge or payment.
2
The brewer for sale shall retain the records required under paragraph (1) above for at least 2 years from the date of the claim and shall allow the proper officer to inspect, copy and take extracts from them at any reasonable time.
3
Where the records required under paragraph (1) above are preserved in a form which is not readily legible or which is legible only with the aid of equipment the brewer for sale shall, at the proper officer’s request, produce a transcript or other permanently legible reproduction of the records and shall permit the proper officer to retain that reproduction.
Peter Jefferson-Smith
Commissioner of Customs and Excise
King’s Beam House,
Mark Lane,
London,
EC3R 7HE
3rd March 1987


text:
1
The County Council of West Midlands (Black Country Route) (Bridge over Birmingham Canal (Wolverhampton Level)) Scheme 1985 is hereby confirmed with 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 plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY, and at the offices of The Metropolitan Borough Council of Wolverhampton, Civic Centre, Wolverhampton; at the Walsall Metropolitan Borough Council, Civic Centre, Walsall and at the Department of Transport, West Midlands Regional Office, Five Ways Tower, Frederick Road, Edgbaston, Birmingham B15 1SJ.
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 West Midlands (Black Country Route) (Bridge over Birmingham Canal (Wolverhampton Level)) Scheme 1985 Confirmation Instrument 1987.
Signed by authority of the Secretary of State.
Hugh Ellis-Rees
Regional Director West Midlands Region
Department of Transport
18th February 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefits (Amendment) Regulations 1987 and shall come into force on 1st September 1987.
2
In these Regulations “ the Regulations ” means the Housing Benefits Regulations 1985
Amendment of Schedule 1A to the Regulations
2
In Schedule 1A (modification of Parts II to IV and VI of the Regulations in relation to students) —
a
in paragraph 1 —
i
in the definition of “covenant income” for the words “a student” there shall be substituted the words “a full-time student”;
ii
in the definition of “standard maintenance grant” for “£2,246” and “£1,901” there shall be substituted “£2,330” and “£1,972” respectively;
b
for paragraph 4 (eligibility of students in accommodation provided by an educational establishment) there shall be substituted the following paragraph —
4
1
Subject to sub-paragraphs (2) and (3), a student shall not be eligible, during the period of study, for a rent allowance in respect of a dwelling for which he is liable to pay rent to an educational establishment which he is attending and, in such a case, he shall not be eligible for a rate rebate either, except where he is liable to pay rates direct to the rating authority.
2
Where the educational establishment itself pays rent for the dwelling to a third party (other than to another educational establishment) the provisions of sub-paragraph (1) shall only apply if rent is payable under the terms of a long tenancy or to an education authority which has provided the dwelling in exercise of its functions as an education authority.
3
Where it appears to the appropriate authority that an educational establishment has arranged for accommodation to be provided by a person or body other than itself in order to take advantage of the housing benefit scheme, housing benefit shall not be payable during the period of study in respect of payments made to the person or body by a student.
;
c
in paragraph 5 (grant income), after sub-paragraph (1)(e) there shall be added the following —
f
any grant intended to meet the cost of books and equipment (other than special equipment) or, in the case of a full-time student, if not so intended an amount equal to £210 towards such costs;
g
any grant intended to meet travel expenses incurred as a result of his attendance on the course.
;
d
in paragraph 6 (covenant income in addition to a contribution), after sub-paragraph (2) there shall be added the following sub-paragraph —
3
For the purposes of sub-paragraph (2), the contribution shall be treated as increased by the amount (if any) by which the amount excluded under paragraph 5(1)(g) falls short of £109.
;
e
in paragraph 7 (covenant income where there is either no grant income or no contribution) —
i
after sub-paragraph (1)(b) there shall be inserted the following —
bb
there shall be disregarded from the amount so apportioned the amount which would have been disregarded under paragraph 5(1)(f) and (g) had the student been in receipt of the standard maintenance grant;
ii
at the end of sub-paragraph (2) there shall be added the words “and the amount to be disregarded under sub-paragraph (1)(bb) shall be abated by an amount equal to any sums disregarded under paragraph 5(1)(f) and (g);”;
f
in paragraph 9 (other amounts to be disregarded), for sub-paragraph (1) there shall be substituted the following sub-paragraph —
1
For the purpose of ascertaining income other than grant income or covenant income, any amounts intended for any expenditure specified in paragraph 5(1)(a), (f) and (g), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under paragraphs 5, 6 and 7 for like expenditure.
;
g
in paragraph 10(a) (student deduction) for “£17.70” there shall be substituted “£17.80”.
Delayed application to students on vacation
3
The amendments to Schedule 1A to the Regulations made by regulation 2(a)(ii), (d) and (g) of these Regulations shall not have effect in relation to a student who is on his summer vacation on the date on which these Regulations come into force until the end of that vacation.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
3rd August 1987.
We consent,
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury.
10th August 1987.


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 2) Order 1987.
2
Paragraph 8 of Schedule 11 to the Housing and Planning Act 1986 shall come into force on 2nd March 1987.
Transitional provision
3
Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall continue to apply to any inquiry held under paragraph 5 of Schedule 9 to the Town and Country Planning Act 1971 which began before 2nd March 1987 as those provisions applied immediately before that date.
Nicholas Ridley
Secretary of State for the Environment
9th February 1987
Nicholas Edwards
Secretary of State for Wales
10th February 1987


text:
1
These Regulations may be cited as the Stock Transfer (Gilt-edged Securities) ( CGO Service ) (Amendment) Regulations 1987 and shall come into force on 13th August 1987.
2
For regulation 6 of the Stock Transfer (Gilt-edged Securities) (CGO Service) Regulations 1985 (which protects the Bank of England in relation to recognition of trusts) there shall be substituted —
6
The Bank shall not be bound by or compelled to recognise any express, implied or constructive trust in respect of —
a
securities which are for the time being transferable by means of an exempt transfer, or
b
any amount of stock held within the CGO Service for the account of a person, being stock in respect of which there is no present entry on the register, but which is of like description to securities that are, or will be, transferable on registration by means of an exempt transfer,
even if it has actual or constructive notice of such trust.
.
Mark Lennox-Boyd David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1987