text:
PART I
PRELIMINARY
Title, commencement, extent and revocations
1
1
These Regulations may be cited as the Materials and Articles in Contact with Food Regulations 1987 and shall come into force on 2nd October 1987.
2
These Regulations shall not extend to Northern Ireland.
3
The Materials and Articles in Contact with Food Regulations 1978 , the Materials and Articles in Contact with Food (Amendment) Regulations 1980 and the Materials and Articles in Contact with Food (Amendment) Regulations 1982 are hereby revoked.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“authorised officer” means an officer of an enforcement authority authorised by that authority in writing, either generally or specifically, to act in matters of any specified kind or in any specified matter;
“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;
“enforcement authority” means —
in England and in Wales
a food and drugs authority, as defined in section 71 of the Food Act 1984 , in its area, and
a port health authority in relation to imported materials and articles which are in, or unloaded in, a port health district, or the local authority in whose district the materials and articles are deposited for customs examination in relation to imported materials and articles unloaded elsewhere than in a port health district, and
in Scotland a district or islands council within the meaning of the Local Government (Scotland) Act 1973 ;
“food” means food intended for human consumption and includes drink, water, natural mineral water, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food, but does not include —
live animals or birds,
fodder or feedingstuffs for animals, birds or fish, or
articles or substances used only as drugs;
“import” means import in the course of a business;
“preparation” in relation to food, includes manufacture and any form of treatment or process;
“public analyst” —
in England and in Wales has the meaning assigned to it by section 76 of the Food Act 1984, and
in Scotland has the meaning assigned to it by section 27 of the Food and Drugs (Scotland) Act 1956 ;
“regenerated cellulose film” means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces;
“registered trade mark” means a trade mark which has effect in any member state of the European Economic Community and is duly registered in accordance with the laws of that state;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly;
“sell by retail” means sell to a person buying otherwise than for the purpose of re-sale, but does not include selling to a caterer for the purposes of his catering business or to a manufacturer for the purposes of his manufacturing business, and “sold by retail” shall be construed accordingly;
“ship” includes any boat or craft, and for this purpose “craft” includes hovercraft.
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Exemptions
3
The provisions of these Regulations shall not apply to —
a
any fixed public or private water supply equipment;
b
any substance which, being used as a covering or coating for a food, forms part of that food and may be consumed with it, including such a substance used as covering or coating for cheese rind or prepared meat products;
c
any material or article intended for export to any place outside the United Kingdom;
d
any material or article which is a collector’s piece of artistic, archaeological or ethnographic interest or to any other material or article of an age exceeding 100 years.
PART II
COMPOSITION AND LABELLING OF MATERIALS AND ARTICLES
Sale etc. of materials and articles
4
1
This regulation shall apply to materials and articles which are in their finished state and are intended to come into contact with food or which are in contact with food and are intended for that purpose.
2
Materials and articles to which this regulation applies shall be manufactured in accordance with good manufacturing practice, that is to say in such a way that under normal or foreseeable conditions of use they do not transfer their constituents to foods with which they are, or are likely to be, in contact, in quantities which could —
a
endanger human health or
b
bring about a deterioration in the organoleptic characteristics of such food or an unacceptable change in its nature, substance or quality.
3
No person shall —
a
sell,
b
import, or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any such material or article which does not comply with this regulation.
Vinyl chloride monomer
5
1
Materials and articles to which regulation 4 applies and which are manufactured with vinyl chloride polymers or copolymers —
a
shall not contain vinyl chloride monomer in a quantity exceeding 1 milligram per kilogram of the material or article as measured by the method of analysis specified in regulation 14(1); and
b
shall be manufactured in such a way that they do not transfer to foods with which they are in contact any quantity of vinyl chloride exceeding 0.01 milligrams of vinyl chloride per kilogram of food as measured by the method of analysis specified in regulation 14(2).
2
No person shall —
a
sell,
b
import, or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any such material or article which does not comply with this regulation.
Regenerated cellulose film
6
1
Subject to paragraph (2) below, this regulation shall apply to regenerated cellulose film which —
a
constitutes a finished product in itself; or
b
is a part of a finished product containing other materials;
and is intended to come into contact with food or is in contact with food and is intended for that purpose.
2
This regulation shall not apply to —
a
regenerated cellulose film which has a coating exceeding 50 milligrams per square decimetre of film on the side intended to come into contact with food;
b
synthetic casings of regenerated cellulose.
3
No regenerated cellulose film to which this regulation applies shall be manufactured with any substance or group of substances other than the substances named or described in Schedule 1 —
a
in column 1 of Part I, in the case of uncoated film; or
b
in column 1 of Part II, in the case of coated film;
and used in accordance with the conditions and restrictions specified in the corresponding entry in column 2 of the appropriate Part of Schedule 1 as read with footnotes 1 and 2 to that Schedule.
4
Regenerated cellulose film to which this regulation applies shall be manufactured in such a way that it does not transfer any adhesive or colourant to food in any detectable quantity.
5
Coated regenerated cellulose film to which this regulation applies shall be manufactured in such a way that it does not transfer bis(2-hydroxyethyl) ether, ethanediol or both these substances to food in a quantity exceeding 50 milligrams per kilogram of food.
6
No person shall —
a
sell,
b
import, or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any such regenerated cellulose film which does not comply with this regulation.
7
No person shall use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food —
a
containing water physically free at the surface, any coated regenerated cellulose film to which this regulation applies and which contains bis(2-hydroxyethyl) ether, ethanediol or both these substances;
b
any regenerated cellulose film to which this regulation applies in such a way that any printed surface of that regenerated cellulose film comes into contact with the food.
Labelling etc. of materials and articles sold by retail
7
1
The following particulars shall be shown with any material or article which, being in its finished state, is intended to come into contact with food but is not already in contact with food when such material or article is sold by retail —
a
unless the material or article is by its nature clearly intended to come into contact with food —
i
the description “for food use”, or
ii
a specific indication of the particular use for which the material or article is intended, or
iii
the symbol that appears in Schedule 2,
b
any special conditions to be observed when the material or article is being used, and
c
either
i
the name or trade name and address or registered office, or
ii
the registered trade mark
of the manufacturer or processor of the material or article, or of a seller thereof established within the European Economic Community.
2
Such particulars shall be shown clearly, legibly and indelibly —
a
on the material or article or on its packaging, or
b
on a label affixed to the material or article or to its packaging, or
c
on a sign which is in the immediate vicinity of the material or article and is clearly visible to purchasers, but the particulars mentioned in paragraph (1)(c) above shall appear on such a sign only if it was not reasonably practicable for such particulars, or a label bearing them, to be marked on, of affixed to, the material or article or to its packaging at the time of manufacture or sale.
3
No person shall sell by retail any such material or article, unless the particulars mentioned in paragraph (1) above are shown in the manner required by paragraph (2) above.
Labelling etc. of materials and articles sold otherwise than by retail
8
1
The following particulars shall be shown with any material or article which, being in its finished state, is intended to come into contact with food but is not already in contact with food when such material or article is sold otherwise than by retail or is imported —
a
i
the description “for food use”, or
ii
a specific indication of the particular use for which the material or article is intended, or
iii
the symbol that appears in Schedule 2,
b
any special conditions to be observed when the material or article is being used, and
c
either
i
the name or trade name and address or registered office, or
ii
the registered trade mark
of the manufacturer or processor of the material or article, or of a seller thereof established within the European Economic Community.
2
Such particulars shall be shown clearly, legibly and indelibly —
a
on the material or article or on its packaging, or
b
on a label affixed to the material or article or to its packaging, or
c
in the accompanying documents.
3
No person shall sell otherwise than by retail or import any such material or article, unless the particulars mentioned in paragraph (1) above are shown in the manner required by paragraph (2) above.
Restrictions on indications of suitability for food use
9
1
No person shall sell any material or article under the description “for food use” or under any other description directly or indirectly leading a purchaser to believe that he is purchasing a material or article suitable for use with food, unless that material or article complies with the provisions of regulation 4(2) and, if applicable, of regulation 5(1) or of regulation 6(3), (4) and (5).
2
No person shall sell any material or article in relation to which the symbol that appears in Schedule 2 or any symbol substantially similar thereto is used, unless that material or article complies with the provisions of regulation 4(2) and, if applicable, of regulation 5(1) or of regulation 6(3), (4) and (5).
3
No person shall publish, or be a party to the publication of, an advertisement for a material or article in which a description of the kind mentioned in paragraph (1) above is used, or in which the symbol that appears in Schedule 2 or any symbol substantially similar thereto is used unless the material or article to which the advertisement relates complies with the requirements of regulation 4(2) and, if applicable, of regulation 5(1) or of regulation 6(3), (4) and (5).
4
In any proceedings brought under paragraph (3) above against the manufacturer, producer or importer of any material or article or of any food it shall rest on the person charged, or in Scotland the accused, to prove that he did not publish, and was not party to the publication of, the advertisement.
5
In any proceedings brought under paragraph (3) above it shall be a defence for the person charged, or in Scotland the accused, to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under this regulation.
6
Where a person sells a material or article to a purchaser in response to a request in which a description of the kind mentioned in paragraph (1) above is used, he shall be deemed to have sold that material or article under that description, unless he clearly notifies the purchaser at the time of sale that the material or article is not suitable for use with food.
Materials and articles as prizes, etc.
10
1
Regulations 4, 5, 6, 7 and 9 shall apply to —
a
any material or article which is offered as a prize or reward in connection with any entertainment to which the public are admitted, whether on payment of money or not, as if the material or article were, or had been, exposed for sale by each person concerned in the organisation of the entertainment;
b
any material or article which is offered as a prize or reward or given away for the purpose of advertisement, or in furtherance of any trade or business, as if the material or article were, or had been, exposed for sale by the person offering or giving away the material or article; and
c
any material or article which is exposed or deposited in any premises for the purpose of being so offered or given away as aforesaid, as if the material or article were, or had been, exposed for sale by the occupier of the premises.
2
In this regulation the expression “entertainment” includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.
PART III
ADMINISTRATION AND ENFORCEMENT
Enforcement authorities
11
1
It shall be the duty of every enforcement authority to enforce within its area of jurisdiction the provisions of these Regulations.
2
Nothing in this regulation shall be taken as authorising in Scotland an enforcement authority to institute proceedings for an offence against these Regulations.
Powers of authorised officers
12
An authorised officer may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the following powers, that is to say —
a
he may, for the purposes of ascertaining whether any offence under these Regulations has been committed, inspect any materials or articles and enter —
i
any premises, other than premises used only as a dwelling, or
ii
any ship, aircraft or vehicle;
b
if he has reasonable cause to suspect that an offence under these Regulations has been committed he may require any person carrying on a trade or business or employed in connection with a trade or business, to produce any books or documents relating to the trade or business, and he may take copies of any such book or document, or of any entry in any such book or document;
c
he may for the purposes of ascertaining whether any offence under these Regulations has been committed purchase or take samples of any material or article to which these Regulations apply and of any food which has come into contact with any such material or article.
Analysis, examination and testing
13
1
If an authorised officer who has procured a sample of any material or article to which these Regulations apply or of any food which has come into contact with any such material or article considers that it should be analysed, examined or tested he shall submit such sample to be analysed, examined or tested as the case may be by the public analyst for the area in which it was procured or, if the office of the public analyst for the area in question is vacant, to the public analyst for some other area.
2
The public analyst shall analyse, examine or test or have analysed, examined or tested, as soon as practicable any sample submitted to him in pursuance of this regulation.
3
A public analyst who has analysed, examined or tested a sample shall give to the person by whom it was originally submitted a certificate specifying the result of the analysis, examination or test.
4
Any certificate of the results of an analysis, examination or test given by a public analyst in pursuance of this regulation shall be signed by the public analyst, but the analysis, examination or test may be made by any person acting under the direction of the analyst.
Method of analysis
14
1
The method used in analysing any sample for the purpose of establishing the quantity of vinyl chloride monomer present in the material or article in order to determine whether it complies with regulation 5(1)(a) shall be the method specified in the Annex to Commission Directive No 80/766/ EEC (which lays down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs).
2
The method used in analysing any food for the purpose of establishing the quantity of vinyl chloride present in the food in order to determine whether a material or article which is or has been in contact with the food complies with regulation 5(1)(b) shall be the method specified in the Annex to Commission Directive No 81/432/EEC (which lays down the Community method of analysis for the official control of vinyl chloride released by materials and articles into foodstuffs).
Obstruction
15
No person shall —
a
intentionally obstruct an authorised officer acting in execution of these Regulations; or
b
without reasonable cause fail to give to any such authorised officer acting as aforesaid any assistance or information or to provide such facilities as the authorised officer may reasonably require of him for the purposes of his functions under these Regulations.
Confidentiality
16
No information obtained from any books or documents produced in accordance with regulation 12(b) shall, without the previous consent in writing of the person carrying on the trade or business in question, be disclosed except for the purpose of any proceedings for an offence against any of these Regulations or any report of those proceedings.
Authorised officer acting in good faith
17
1
An officer of an enforcement authority shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) above, shall be construed as relieving an enforcement authority from any liability in respect of acts of its officers.
3
Where an action has been brought against an officer of an enforcement authority in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or a part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under these Regulations required or entitled him to do it.
4
For the purposes of this regulation, a public analyst appointed by a food and drugs authority shall be treated as being an officer of that authority, whether or not he is employed full time.
PART IV
LEGAL PROCEEDINGS
Offences and penalties
18
If any person contravenes or fails to comply with any of the provisions of these Regulations, he shall be guilty of an offence and liable on summary conviction in the case of regulation 15 to a fine not exceeding £1,000 and in any other case to a fine not exceeding £2,000.
Offences by corporations
19
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or to any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of the offence.
2
In this regulation the expression “director”, in relation to any body corporate which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by its members, means a member of that body.
Evidence of analysis
20
1
In England and Wales in any proceedings under these Regulations the production by one of the parties of a document purporting to be a certificate under regulation 13(3), or of a document supplied to him by the other party as being a copy of such a certificate, shall be sufficient evidence of the facts stated therein, unless, in the first mentioned case, the other party requires that the analyst shall be called as a witness.
2
In Scotland in any proceedings under these Regulations the production by one of the parties of a document purporting to be a certificate under regulation 13(3), or of a document supplied to him by the other party as being a copy of such a certificate, shall be sufficient evidence of the facts stated therein, unless, in the first mentioned case, the other party requires that the analyst shall be called as a witness, and in that event the evidence of the analyst shall be sufficient evidence of the aforesaid facts.
3
In any such proceedings if a person charged, or in Scotland an accused, intends to produce a certificate of a public analyst, or under paragraph (1) or (2) above to require that the analyst shall be called as a witness, notice of his intention, together, in the first mentioned case, with a copy of the certificate, shall be given to the other party at least three clear days before the hearing or trial, and, if this requirement is not complied with, the court may, if it thinks fit, adjourn the hearing or trial on such terms as it thinks proper.
Analysis by Government Chemist
21
1
The court before which any proceedings are taken under these Regulations, may, if it thinks fit for the purposes of the proceedings, cause
a
any material or article which is the subject of the proceedings and, if it has already been analysed, examined or tested, is capable of being further analysed, examined or tested, or
b
any food which has been in contact with any such material or article,
to be sent to the Government Chemist, who shall make such analysis, examination or test as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis, examination or test shall be paid by the prosecutor or the person charged, or in Scotland the accused, as the court may order.
2
If in a case where an appeal is brought, no action has been taken under paragraph (1) above, the provisions thereof shall apply also in relation to the court by which the appeal is heard.
3
In England and Wales any certificate of the results of an analysis, examination or test transmitted by the Government Chemist under this regulation shall be signed by or on behalf of the Government Chemist, but the analysis, examination or test may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by the Government Chemist shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed shall be called as a witness.
4
In Scotland any certificate of the results of an analysis, examination or test transmitted by the Government Chemist under this regulation shall be signed by or on behalf of the Government Chemist, but the analysis, examination or test may be made by any person acting under the direction of the person by whom the certificate is signed; and any certificate so transmitted by the Government Chemist shall be sufficient evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed shall be called as a witness, and in that event the evidence of that person shall be sufficient evidence of the aforesaid facts.
Offences due to fault of other person
22
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Defence of due diligence
23
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged, or in Scotland the accused, to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence provided by paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged, or in Scotland the accused, shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing or trial, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Warranty pleaded as defence
24
1
In any proceedings for an offence under these Regulations, being an offence consisting of selling, advertising for sale, importing or using any material or article, it shall be a defence for the person charged, or in Scotland the accused, to prove —
a
that he purchased it as being a material or article which could lawfully be sold, advertised for sale, imported or used and with a written warranty to that effect, and
b
that he had no reason to believe at the time of the commission of the alleged offence that it was otherwise, and
c
that it was then in the same state as when he purchased it.
2
A warranty shall only be a defence in proceedings under these Regulations if —
a
the person charged, or in Scotland the accused, —
i
has, not later than three clear days before the date of the hearing or trial, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and
ii
has also sent a like notice of his intention to that person, and
b
in the case of a warranty given by a person resident outside the United Kingdom, the person charged, or in Scotland the accused, proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein.
3
Where the person charged, or in Scotland the accused, is an employee of the person who purchased the material or article under a warranty, he shall be entitled to rely on the provisions of this regulation in the same way as his employer would have been entitled to do if he had been the person charged.
4
The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing or trial and to give evidence and the court may, if it thinks fit, adjourn the hearing or trial to enable him to do so.
5
For the purposes of this regulation, a description entered in an invoice shall be deemed to be a written warranty that the article or substance to which the entry refers can be sold or otherwise dealt with under that description by any person without contravening any of the provisions of these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th August 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th August 1987


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) Designation Order 1987 and shall come into force on 1st January 1988.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
“inbye land” means enclosed pasture land;
“livestock unit” means —
1 cow, or
1.4 bulls or other bovine animals over two years old, or
1.6 bovine animals from one to two years old inclusive, or
2.5 bovine animals less than one year old, or
6.66 sheep;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“rough grazing land” means land covered by semi-natural vegetation;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the North Peak in the Counties of Greater Manchester, Derbyshire, South Yorkshire and West Yorkshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the North Peak environmentally sensitive area” dated 25th November 1987, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provisions that: —
a
in the event of a breach by the farmer of the requirements referred to in article 4 the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a civil debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Minister under an agreement shall be at the rate of £10 per annum for each hectare of moorland, inbye land or rough grazing land to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2 as to agricultural practices, methods and operations and the installation and use of equipment, payments made by the Minister in respect of moorland, inbye land or rough grazing land which under the agreement is subject to those additional provisions shall be at the rate of £20 per annum for each hectare of such land.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John MacGregor
Minister of Agriculture, Fisheries and Food
25th November 1987.
We consent,
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1987


text:
1
This Order may be cited as the Value Added Tax (International Services) Order 1987 and shall come into force on 1st May 1987.
2
Group 9 (International Services) of Schedule 5 (zero-rating) to the Value Added Tax Act 1983 shall be varied in accordance with the following provisions.
3
For Item 3 there shall be substituted the following: —
3
The supply of —
a
cultural, artistic, sporting, scientific, educational or entertainment services; or
b
exhibition services; or
c
services ancillary to, including that of organising, the performance outside the United Kingdom of any services in paragraphs (a) or (b),
being services performed outside the United Kingdom.
.
4
There shall be added the following note: —
2
In Item 3 —
a
“exhibition” includes any conference or meeting;
b
there are not included any services comprised in paragraphs 1 to 7 of Schedule 3 to this Act other than the letting on hire of stands at exhibitions.
.
5
In Note (4) paragraphs (b) and (c) shall be omitted.
6
In Item 9 for the words “item 1, 2 or 3” there shall be substituted the words “items 1 to 5”.
Michael Neubert
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 1987


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 8) Order 1987.
2
The provisions of the Housing and Planning Act 1986 listed below shall come into force on 2nd November 1987 —
section 25
section 41(1) and (2)
section 41(3)
section 49(1) (insofar as it relates to paragraphs 15, 23, 26 and 27 of Schedule 11 to that Act)
section 49(2) (insofar as it relates to the repeals specified in the Schedule to this Order).
Transitional provisions
3
1
Section 11A(7)(a) of the Town and Country Planning Act 1971 shall not apply in relation to proposals for the making, alteration, repeal or replacement of a local plan where the local planning authority have taken steps to prepare those proposals before the coming into force of that provision.
2
Any direction given by the Secretary of State under section 15A(6) of the Town and Country Planning Act 1971 in force immediately before the making of this Order shall continue in force so far as it requires modifications to be made to the local plan or to proposals for the alteration, repeal or replacement of such a plan.
Nicholas Ridley
Secretary of State for the Environment
1st October 1987
Peter Walker
Secretary of State for Wales
1st October 1987


text:
1
1
These Rules may be cited as the Local Elections (Principal Areas) (Amendment) Rules 1987.
2
These Rules do not extend to Scotland or Northern Ireland.
3
These Rules shall come into force on the fourteenth day after the day on which they were made, except for the purposes of an election at which the last day for the delivery of nomination papers was on or before that fourteenth day.
2
1
The rules in Schedule 2 to the Local Elections (Principal Areas) Rules 1986 shall be amended in accordance with the following paragraphs.
2
In rule 23(5) (notices in polling stations) for the words “Vote for candidate(s) only.” there shall be substituted the words “[Vote for no more than candidates.] [Vote for one candidate only.]”.
3
In the Appendix of forms, in the form of a candidate’s consent to nomination, in paragraph (d), before the words “those twelve months” there shall be inserted the words “the whole of”.
4
In the Appendix of forms, in the form of the front of the ballot paper, for the words “VOTE FOR CANDIDATE(S) ONLY” there shall be substituted the words “VOTE FOR NO MORE THAN CANDIDATES”.
5
In the Appendix of forms, in the directions as to printing the ballot paper, for paragraph 2(a) there shall be substituted:
a
no word shall be printed on the face except the direction “VOTE FOR NO MORE THAN CANDIDATES” or, where only one candidate is to be elected, “VOTE FOR ONE CANDIDATE ONLY” and the particulars of the candidates;
.
6
In the Appendix of forms, in the form of the declaration of identity, for the words “Vote for candidate(s) only.” in paragraph 2 of the instructions to the voter on the back of the form, there shall be substituted the words “[Vote for no more than candidates.] [Vote for one candidate only.]”.
7
In the Appendix of forms, in the form of the elector’s official poll card, for the words “Vote for candidate(s) only.” on the back of the card, there shall be substituted the words “[Vote for no more than candidates.] [Vote for one candidate only.]”.
8
In the Appendix of forms, in the form of directions for the guidance of the voters in voting, for the words “Vote for candidate(s) only.” in paragraph 4, there shall be substituted “[Vote for no more than candidates.] [Vote for one candidate only.]”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 1987


text:
1
This Order shall come into force on the 25th September 1987 and may be cited as the Swansea-Manchester Trunk Road A483 (Improvement at Boundary Terrace Llandrindod Wells) Order 1987.
2
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.
3
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
4
The Secretary of State for Wales directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
5
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Powys that the new trunk road is open for through traffic.
6
In this Order —
1
All measurements of distance are measured along the route of the relevant highway.
2
i
“classified road” as a classification for a highway means, that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads:
ii
“the deposited plan” means the plan numbered HA10/2-WO19 marked “The Swansea-Manchester Trunk Road A483 (Improvement at Boundary Terrace, Llandrindod Wells) Order 1987” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
iii
“the new trunk road” means the highway mentioned in Article 2 of this Order;
iv
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
v
“the trunk road” means the Swansea-Manchester Trunk Road (A483).
Signed by Authority of the Secretary of State for Wales
G. Mercer
Director of Highways Welsh Office
12th August 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Order 1987, and shall come into force on 8th July 1987.
2
In this Order —
a
“designated area” means one of the areas described in the Schedule to this Order;
b
“sheep” means an animal of the genus Ovis of whatever age or sex.
Designated incident
2
In the opinion of the Secretary of State food in the areas described in the Schedule to this Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Designated areas
3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated areas
4
No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.
Restrictions on movement
5
No person shall move any sheep from any farm, agricultural holding, agricultural premises, or holding in any of the designated areas.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom —
a
slaughter for human consumption or for use in the preparation of feeding stuffs any sheep that was in a designated area at any time after 8th July 1987; or
b
supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area at any time after 8th July 1987.
J. W. L. Lonie,
Assistant Secretary,Scottish Office
New St Andrew’s House,
Edinburgh
7th July 1987


text:
1
This Order may be cited as the London Taxi Sharing Scheme Order 1987 and shall come into force on 28th September 1987.
2
The Secretary of State hereby makes the London Taxi Sharing Scheme as set out in the Annex to this Order.
3
The Heathrow Taxi Sharing Scheme Order 1987 and the London (British Rail) Taxi Sharing Scheme Order 1987 are hereby revoked.
Signed by authority of the Secretary of State
David Mitchell
Minister of State,
Department of Transport
1st September 1987


text:
1
a
The highway described in Schedule 1 to this Order and shown by striped hatching on the deposited plan; and
b
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order which connect the existing highway to become a trunk road with other highways at the place stated in that Schedule (the highways along these routes being in this Order referred to as ``the slip roads'')
shall become trunk roads as from the date when the new trunk roads are open to through traffic.
2
The centre lines of the slip roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of either of the slip roads that:
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose 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 CSE 245/1/26/01, marked A404 Burchetts Green to M40 (Trunking and Slip Roads) Order 1987, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk roads”
means the highways to be provided pursuant to the “A423 West of Maidenhead — Oxford Trunk Road (Maidenhead Thicket — Burchetts Green section and Slip Roads Order 1987.”
5
This Order shall come into force on 20th November 1987 and may be cited as the A404 Burchetts Green to M40 (Trunking and Slips Roads) Order 1987.
Signed by authority of the Secretary of State.
D. Gruffydd Jones
Regional Director, South East Region,
Department of Transport
22nd October 1987


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Road Vehicles (Excise) (Prescribed Particulars) (Amendment) Regulations 1987 and shall come into force on 1st January 1988.
2
The Road Vehicles (Excise) (Prescribed Particulars) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendment relating to recovery vehicles
3
In Schedule 1, after entry number 5 there shall be inserted the new entry number 5A set out in the First Schedule to these Regulations.
4
In Schedule 2 —
a
In Form V55 —
i
for the words “or SHOWMAN'S GOODS” there shall be substituted the words “SHOWMAN'S GOODS or RECOVERY VEHICLE”; and
ii
after the additional declaration for a showman’s goods vehicle there shall be inserted the further additional declaration set out Part I of the Second Schedule to these Regulations; and
b
the additional declaration set out in Part II of the Second Schedule to these Regulations shall be inserted in —
i
Form V10, after the further declaration; and
ii
Form V70, after the declaration.
Amendment relating to trade licences
5
In Form VTL 301 in Schedule 2 —
a
for items 8 and 9 there shall be substituted the following new items —
8
a
Do you trade in, buy or sell motor vehicles?
b
If YES
i
how many vehicles on average do you deal with each month?
ii
how many full time staff are engaged on this work?
9
a
Do you valet or fit accessories to new unregistered vehicles?
b
If YES
i
how many vehicles on average do you deal with each month?
ii
how many full time staff are engaged on this work?
;
b
in item 10, for paragraph (a) there shall be substituted the following new paragraph —
a
Do you distribute, or collect and deliver, motor vehicles for the motor trade?
.
6
In Form VTL 305 in Schedule 2 —
a
for item 2 there shall be substituted —
I wish the licence to be for a period of 6 months
1 year.
b
for the note at the end of that item there shall be substituted the following new note —
Note — Yearly licences start on 1st January and expire on 31st December. 6 month licences will expire on 30th June and 31st December.
;
c
in the first paragraph of item 3, for the last two sentences there shall be substituted —
I undertake to return the plates to the VRO if I cease to operate as a motor trader or vehicle tester. I understand that if the licence is not applied for promptly this may result in a withdrawal of my trade plate concession.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
8th December 1987


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Cash Accounting) Regulations 1987 and shall come into force on 1st October 1987.
Interpretation
2
In these Regulations —
“ the Act ” means the Value Added Tax Act 1983;
“authorised person” means a person who has been authorised by the Commissioners in accordance with regulation 3 of these Regulations, and “authorised” and “authorisation” shall be construed accordingly;
“money” means banknotes or coins;
“notice” means any notice published pursuant to these Regulations.
Cash accounting scheme
3
The Commissioners may, subject to these Regulations and to such conditions as are described in a notice published by them, authorise taxable persons to account for tax in accordance with a scheme (hereinafter referred to as “the scheme”) by which the operative dates for tax accounting purposes shall be —
a
for output tax, the day on which payment or other consideration is received or the date of any cheque, if later; and
b
for input tax, the date on which payment is made or other consideration is given, or the date of any cheque, if later.
Admission to the scheme
4
1
A taxable person shall be eligible to apply for authorisation under regulation 3 Fabove if —
a
he has reasonable grounds for believing that the value of taxable supplies made by him in the period of one year beginning at the date of his application for authorisation will not exceed £250,000;
b
he has made all returns which he is required to make, and has paid to the Commissioners all such sums shown as due on those returns, and on any assessments made either under Schedule 7 to the Act, or under section 21 of the Finance Act 1985 ;
c
he has not in the three years preceding the date of his application for authorisation —
i
been convicted of any offence in connection with value added tax;
ii
made any payment to compound proceedings in respect of value added tax under section 152 of the Customs and Excise Management Act 1979 ;
iii
been assessed to a penalty under section 13 of the Finance Act 1985; or
iv
had his authorisation terminated under regulation 10(1) below.
2
The Commissioners may refuse to authorise a person under regulation 3 above where they consider it necessary to do so for the protection of the revenue.
3
The scheme shall not apply to hire purchase agreements, conditional sale agreements or credit sale agreements.
5
Without prejudice to the right of a person to withdraw from the scheme, the Commissioners may vary the terms of the scheme by publishing a fresh notice.
6
1
An authorised person may start to use the scheme at the beginning of his next prescribed accounting period indicated in the notification of that authorisation.
2
An authorised person shall remain in the scheme for a minimum of two years unless —
a
at the end of any quarter or prescribed accounting period the value of taxable supplies made by him in the year then ended has exceeded by 25 per cent or more the figure of £250,000 and in the year then beginning is expected to exceed the figure of £250,000, in which case he shall within thirty days notify the Commissioners and cease to operate the scheme at the anniversary of his joining; or
b
at any time there is reason to believe that the value of taxable supplies made by him in the year then beginning will exceed by 25 per cent or more the figure of £250,000 in which case he shall within thirty days notify the Commissioners who may terminate his authorisation at the end of the next accounting period.
7
An authorised person who ceases to operate the scheme either of his own volition or because the value of taxable supplies made by him exceeds the level provided for in regulation 6 above may continue to use the scheme for supplies made and received while he operated the scheme, but shall otherwise account for and pay tax as provided for by or under the Act, and his authorisation shall terminate forthwith.
8
Where an authorised person becomes insolvent and ceases to trade, other than for the purpose of disposing of stocks and assets, he shall within two months account for tax on supplies made and received in the previous twelve months which have not otherwise been accounted for, subject to any adjustment for credit for input tax, and indicate the amount of such tax which is non-preferential.
9
1
Where an authorised person ceases business or ceases to be registered, or where such a person dies or becomes bankrupt or incapacitated, he or his representative shall within two months or such longer period as the Commissioners may allow make a return accounting for and pay tax on supplies made and received during the previous twelve months which have not otherwise been accounted for, subject to any adjustment for credit for input tax, and tax in respect of any payment or other consideration received for earlier supplies must be accounted for and paid when received.
2
Where a business or part of a business carried on by an authorised person is transferred as a going concern and regulation 4(5) of the Value Added Tax (General) Regulations 1985 does not apply, the transferor shall within two months make a return accounting for and pay tax on supplies made and received during the previous twelve months which have not otherwise been accounted for, subject to any adjustment for credit for input tax, and tax in respect of any payment or other consideration received for earlier supplies must be accounted for and paid when received.
3
Where a business carried on by an authorised person is transferred in circumstances where regulation 4(5) of the Value Added Tax (General) Regulations 1985 applies, the transferee shall continue to account for and pay tax as if he were an authorised person on supplies made and received by the transferor prior to the date of transfer.
Expulsion from the scheme
10
1
The Commissioners may terminate an authorisation in any case where —
a
a false statement has been made by or on behalf of an authorised person in relation to his application for authorisation;
b
an authorised person has while admitted to the scheme been convicted of an offence in connection with value added tax or has made a payment to compound such proceedings under section 152 of the Customs and Excise Management Act 1979 ;
c
an authorised person has while admitted to the scheme been assessed to a penalty under section 13, 14 or 17 of the Finance Act 1985 or to a surcharge under section 19 of that Act;
d
an authorised person has failed to leave the scheme as provided for in regulation 6(2) above;
e
an authorised person has claimed input tax as though he had not been admitted to the scheme; or
f
it is necessary to do so for the protection of the revenue.
2
A person whose authorisation has been terminated under paragraph (1) of this regulation shall account for and pay on a return made in respect of his current prescribed accounting period all tax which has not been accounted for and paid in accordance with the scheme, subject to any adjustment for credit for input tax.
3
An authorised person whose authorisation has been terminated may be required to account for and pay all tax which has not been accounted for and paid in accordance with the scheme on a return made in respect of his current prescribed accounting period, subject to any adjustment for credit for input tax, notwithstanding that he has already withdrawn from the scheme of his own volition.
Appeals
11
In section 40 of the Act (appeals), at the end of subsection (1) (decisions which are appealable) there shall be added the following paragraph —
r
any refusal of authorisation or termination of authorisation in connection with the scheme made under paragraph 2(3A) of Schedule 7 to this Act;
Accounting
12
1
Except in the circumstances set out in regulations 7 to 9 above, tax shall be accounted for and paid to the Commissioners by the due date prescribed for the accounting period in which payment or other consideration for the supply is received.
2
Input tax may be credited either in the prescribed accounting period in which payment or consideration for a supply is given, or in such later period as may be agreed with the Commissioners.
3
An authorised person shall obtain and keep for a period of six years or such lesser period as the Commissioners may allow a receipted and dated tax invoice from any taxable person to whom he has made a payment in money in respect of a taxable supply, and in such circumstances a taxable person must on request provide such a receipted and dated tax invoice.
4
An authorised person shall keep for a period of six years or such lesser period as the Commissioners may allow a copy of any receipt which he gives under paragraph (3) above.
D. J. Howard
Commissioner of Customs and Excise
King’s Beam House,
Mark Lane,
London,
EC3R 7HE
7th August 1987


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Property) (West Midlands) Order 1987, and shall come into force on 22nd July 1987.
Specified property
2
1
There shall vest in each council mentioned below the property described in column 1 of the Schedule so mentioned in relation to that Council.
Council Schedule
Birmingham City Council 1 Dudley Metropolitan Borough Council 2 Sandwell Metropolitan Borough Council 3 Walsall Metropolitan Borough Council 4 Wolverhampton Metropolitan Borough Council 5
2
Where any property mentioned in column (1) of a Schedule is registered with Her Majesty’s Land Registry, the relevant title number is set out in column (2).
3
The two parcels of land at the rear of 65 and 67 George Eliot Road, Coventry, registered with Her Majesty’s Land Registry under title numbers WM 298417 and WM 147727 shall vest in Coventry City Council.
4
There shall vest in each council to which property is transferred by article 2 or 3 above all rights and liabilities of the West Midlands Residuary Body acquired or incurred exclusively in connection with that property.
Occupied dwellings
5
All rights and liabilities of the West Midlands Residuary Body in any property acquired or appropriated by the West Midlands County Council for or in connection with its functions relating to highways, streets and bridges and road traffic which at the making of this Order is let or licensed as a dwelling by the council of a district in the county of West Midlands shall vest in that council.
Other property, rights and liabilities
6
1
All property, rights and liabilities of the West Midlands Residuary Body in relation to each item mentioned below are hereby transferred to the council mentioned below in respect of that item–
Coventry City Council A debenture dated 17th December 1982 created by the University of Warwick Science Park Limited. Solihull Metropolitan Borough Council Shares in Freeports Limited and West Midlands Freeport Limited. Walsall Metropolitan Borough Council The agreement dated 29th March 1984 between the West Midlands County Council and the Walsall Chamber of Commerce relating to the Training Centre at Willenhall Road, Darlaston.
2
The shares transferred by paragraph (1) to Solihull Metropolitan Borough Council shall be held by that council for the joint use and benefit of itself and of the other district councils in the county of West Midlands.
7
Where on 1st April 1986 by virtue of section 263 of the Highways Act 1980 any highway vested in the council of any district in West Midlands, any interest of the West Midlands Residuary Body in any land below such highway shall vest in that council.


text:
1
1
This Order may be cited as the Remuneration of Teachers (Primary and Secondary Education) (Amendment) (No.2) Order 1987.
2
This Order shall come into force on 25th February 1987.
2
The provisions contained in the 1983 Document, as amended, are hereby further amended, with effect from 25th February 1987 in the manner specified in sub-paragraphs (2), (3), (5), (6) and (11) and with effect from 16 July 1986 in the manner specified in sub-paragraphs (1), (4), (7), (8), (9) and (10) as follows —
1
In section 1 (Remuneration) the word “and” where it appears after the words “(Section 18)” shall be deleted and there shall be inserted after the words “(Section 19)” the words “and unqualified teachers with comparable qualifications who are to be paid as qualified teachers (Section 20A)”.
2
In section 16 (Safeguarding) —
a
there shall be added after sub-paragraph (ii) the following sub-paragraph — “(iiA) where in the circumstances described in sub-paragraph (i) or (ii) a full-time teacher or a teacher in regular part-time service loses his post or would (but for this sub-section) suffer a diminution of salary or be placed on a salary scale with a lower maximum, and is thereupon employed as stated in sub-paragraph (i) but as a teacher in regular part-time service, he shall (subject, in the circumstances described in sub-paragraph (ii), to the same consent) be entitled to that proportion of the salary and allowances to which he was entitled immediately before the relevant change in circumstances which his part-time employment bears to full-time employment;”;
b
in sub-paragraph (iii) for the words “(i) or (ii)” there shall be substituted the words “(i), (ii) or (iiA)”.
3
In section 17 (Part-time Teachers and Teachers employed on a Short Notice Basis) —
a
sub-section (c) shall be deleted; and
b
in sub-section (d) for the words “sub-sections (b) or (c) apply” there shall be substituted the words “sub-section (b) applies”.
4
After section 20 there shall be added the following paragraphs —
Circumstances in which an unqualified teacher is to be paid as a qualified teacher
20A
Where an unqualified teacher —
i
has successfully completed a course which the authority by whom the teacher’s remuneration is paid is satisfied is comparable to a course such as is mentioned in paragraph 2(a)(i) of Schedule 5 to the Education (Teachers) Regulations 1982 and
ii
unless he so completed the course before 1st September 1984, has attained in mathematics and in English the standard required to attain in the subject in question either a grade C in the examinations for the General Certificate of Education at ordinary level or a grade 1 for the examinations for the Certificate of Secondary Education
he shall, for a period not exceeding one year from the date of his first appointment as a teacher in England and Wales after successfully completing the said comparable course or until the Secretary of State declines to approve that course as comparable for the purposes of paragraph 2(b) of that Schedule, whichever is the sooner, be paid as a qualified teacher.
Lump sum on becoming a qualified teacher
20B
On being notified after 16th July 1986 that he is a qualified teacher a teacher shall be paid a lump sum by any authority by whom his remuneration has been paid in the year preceding his date of qualification or (if a shorter period) in the period between his relevant date (as defined for the purpose of Appendix III and its annexes) and his date of qualification, such lump sum to be equivalent to the difference (if any) between the remuneration he received from that authority during that period and the remuneration he would have received from them as a qualified teacher.
5
In Appendix II, Part A, paragraph 6(3) —
a
there shall be substituted for sub-paragraph (d) the following sub-paragraph —
d
the year beginning 1 April 1983
from the period 1 April 1987 to 31 March 1988 on (a) the average of unit totals for 1985, 1986 and 1987 or (b) the unit total for 1987 or (c) the estimated unit total for 1987 whichever is the greatest. Where a new head or deputy head teacher is appointed during the period 1 April 1987 to 31 March 1988, the head or deputy head teacher scale applicable shall be based on whichever of (a) or (b) is the greater;
;
b
there shall be added after sub-paragraph (g) the following sub-paragraph —
h
the year beginning 1 April 1987
from the date of opening or reorganisation until 31 March 1991 on the estimated unit total for 1991.
.
6
In Appendix II, Part B, in paragraphs 3 and 4 there shall be substituted for the date 1986 wherever it appears the date 1987.
7
In Appendix III —
a
in sub-paragraphs (1) and (2) of paragraph 5 the word “post-qualified” wherever it appears shall be deleted; and there shall be inserted after the words “remunerated experience” wherever they appear the words “following his relevant date”;
b
after paragraph 5 there shall be added the following paragraph —
5A
In this Appendix and its annexes “relevant date” shall mean —
a
in the case of a teacher qualified before 16 July 1986 his date of qualification;
b
in the case of a teacher qualified after 16 July 1986 the date on which —
i
he obtained the qualification or successfully completed the course, or (if later)
ii
he completed any requisite period of service or experience
which led to his being notified by the Secretary of State, pursuant to Schedule 5 to the Education (Teachers) Regulations 1982 that he was a qualified teacher; and
c
in the case of an unqualified teacher to whom section 20A applies the date on which he successfully completed the comparable course there mentioned;
.
8
In paragraph 3(b) of annex A to Appendix III there shall be substituted for the words “after service as a qualified teacher” the words “following service after the relevant date”.
9
In annex B to Appendix III —
a
in the heading, for the words “date of qualification” there shall be substituted the words “relevant date”;
b
in paragraph 1, for the words “Pre-qualified gainful employment” there shall be substituted the words “Gainful employment undertaken prior to the relevant date”;
c
in paragraph 1(ii), for the words “date of qualification” there shall be substituted the words “relevant date”;
d
in paragraph 2 the words from “either” to “and who” shall be deleted and for the words “date of qualification”, wherever they appear, there shall be substituted the words “relevant date”;
e
in paragraph 3, for the words “date of qualification” there shall be substituted the words “relevant date”.
10
In annex C to Appendix III —
a
in the heading, for the words in brackets there shall be substituted the following words “other than gainful employment undertaken, in the case of a qualified teacher, before the relevant date”;
b
for sub-paragraph 2(b) there shall be substituted the following sub-paragraph —
b
in the case of qualified teachers, before the relevant date.
.
11
In annex D to Appendix III for the note to paragraph 2 there shall be substituted —
(NOTE — The courses referred to in sub-paragraphs (i) and (ii) above are prefixed by the letters C or D in the Department of Education and Science and Welsh Office Education Department publication entitled “Long Courses for Teachers 1986 — 1987”. In the 1983 — 1984 publication they are described in sections A and S and in earlier equivalent publications in the corresponding sections.)
.


text:
Citation and commencement
1
These Regulations may be cited as the Family Credit (Transitional) Regulations 1987 and shall come into force on 1st January 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“appropriate office” means an office of the Department of Health and Social Security;
“child” has the same meaning as in Part II of the Act ;
“family” has the same meaning as in Part II of the Act;
“family income supplement” means benefit under the Family Income Supplements Act 1970 ;
“married or unmarried couple” has the same meaning as in Part II of the Act;
“renewal claim” means a claim for family income supplement which is so described in regulation 3(2) of the Family Income Supplements (General) Regulations 1980 ;
“young person” means a person aged 16 or over but under 19 who is receiving full-time education within section 2(1)(b) of the Child Benefit Act 1975 .
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Claims for family credit treated as made on 11th April 1988
3
1
A written claim for family credit which is delivered or sent to an appropriate office on or after 1st March 1988 and received on or before 11th April 1988 shall be treated as made on 11th April 1988.
2
Where family income supplement is payable to a person under an award for a period which includes 5th April 1988 and does not exceed 51 weeks it shall not be a condition of entitlement to family credit for a period beginning 11th April 1988 that the person makes a claim for such benefit and a claim, in such a case, for family credit shall be treated as made on 11th April 1988.
3
Where a claim for family income supplement is made on or after 1st March 1988 but on or before 5th April 1988, but no award of that benefit is made, that claim shall, if the Secretary of State in his discretion so determines, be treated as including a claim for family credit made on 11th April 1988.
4
Where, after 5th April 1988, a claim is made for family income supplement which is neither a renewal claim nor a claim in respect of a period before 11th April 1988 it shall be treated as a claim for family credit which shall be treated as made on 11th April 1988 if received at an appropriate office on or before that date but otherwise on the date on which it is received at such an office.
5
In a case to which paragraph (2), (3) or (4) applies, where the claim for family income supplement was made by a married or unmarried couple, the claim for family credit shall be treated as made by the woman except that the claim shall be treated as made by the man if the Secretary of State is satisfied, in that case, that it would be reasonable so to treat it.
6
A claim which is treated as made on 11th April 1988 by virtue of the provisions of this regulation may nevertheless be determined at any earlier date on which the conditions for treating it as made on 11th April 1988 are satisfied; and any such claim shall be determined in accordance with the Act and Regulations made under that Act as if those provisions were in force.
Claims for family credit treated as including renewal claims for family income supplement
4
Where a claim for family credit is treated as made on 11th April 1988 by virtue of regulation 3(1) (claim received before 11th April 1988) and a renewal claim could properly have been made on the date when the claim for family credit was received at an appropriate office, such a renewal claim shall be treated as so made.
Claims for family income supplement to be determined first
5
Where, before 11th April 1988, a person makes a claim for family credit and also claims family income supplement in respect of a period before 11th April 1988, the determination of the claim for family credit shall be postponed or, if it has already been determined, shall be of no effect until, and may be reviewed when, the claim for family income supplement has been determined.
Determination of circumstances where family credit replaces, or arises out of a claim for, family income supplement
6
1
Subject to paragraphs (2) and (3), in a case to which regulation 3(2) or (3) applies (family credit treated as claimed on 11th April 1988 where family income supplement awarded or claimed), the provisions of section 20(5) of the Act (conditions of entitlement to family credit) shall be modified to the extent that entitlement to family credit shall be determined upon the assumption that the circumstances of the family (but not the ages of its members except where a young person attains the age of 19 on or before 11th April 1988) are the same on 11th April 1988 as they were at the date of the claim for family income supplement.
2
In a case to which regulation 3(2) or (3) applies, the weekly earnings of the claimant and, if he is a member of a married or unmarried couple, those of the other member shall be calculated by deducting from the weekly earnings as calculated for the purpose of assessing entitlement to family income supplement —
a
an amount in respect of income tax equivalent to an amount calculated by applying the basic rate of tax for the tax year 1987/88 to those earnings, less only the personal relief, appropriate to a week, to which the claimant is entitled under sections 8(1) and (2) and 14(1)(a) and (2) of the Income and Corporation Taxes Act 1970 (personal and additional relief); and
b
an amount in respect of primary Class 1 contributions under the Social Security Act 1975 equivalent to an amount calculated by applying the appropriate percentage rate specified in section 4(6B) of that Act in respect of the tax year 1987/88 to those earnings.
3
In a case to which regulation 3(2) or (3) applies the weekly income of a claimant and, if he is a member of a married or unmarried couple, that of the other member of the couple, other than earnings to which paragraph (2) applies, shall be calculated by deducting from the gross weekly income as calculated for the purpose of assessing entitlement to family income supplement the sums, where applicable, specified in Schedule 2 to the Family Credit (General) Regulations 1987 (income other than earnings to be disregarded).
Determination of circumstances where family credit is claimed before 11th April 1988
7
In a case to which regulation 3(1) applies (claim received before 11th April 1988), section 20(5) of the Act (conditions of entitlement to family credit) shall be modified to the extent that the circumstances of the family (but not the ages of its members) shall be determined as at the date when the claim is received at an appropriate office.
Entitlement to family credit following entitlement to family income supplement
8
1
Where a claim for family credit is treated as made on 11th April 1988, by virtue of regulation 3(2) (pre-existing entitlement to family income supplement) and all the conditions of entitlement to family credit as modified by regulation 6 (determination of circumstances where family credit replaces family income supplement), are satisfied, including the capital conditions in section 22(6) of the Act and the income conditions in section 20(5)(a) of the Act, family credit shall be awarded at the rate at which family income supplement was payable on 5th April 1988, together with an additional £2.55 per week for each child or young person included in the family for which family income supplement was payable on 5th April 1988, except where such a rate would be lower than the rate at which family credit would otherwise be payable.
2
Where a claim for family credit is treated as made on 11th April 1988, by virtue of regulation 3(2), and, apart from the income conditions in section 20(5)(a) of the Act, all the conditions of entitlement to family credit as modified by regulation 6, including the capital conditions in section 22(6) of the Act, are satisfied, family credit shall be awarded at the rate at which family income supplement was payable on 5th April 1988, together with an additional £2.55 per week for each child or young person included in the family for which family income supplement was payable on 5th April 1988.
3
In the case of an award of family credit on a claim treated as made on 11th April 1988 by virtue of regulation 3(1) or (2), in respect of a person for whom family income supplement was payable on 5th April 1988, the first day of the award (namely 11th April 1988) shall be treated as a week for the purpose of calculating —
a
the amount payable; and
b
the number of weeks for which family credit should be payable under section 20(6) of the Act (period for which family credit payable), as modified by regulation 9 (initial periods of family credit).
Initial periods of family credit
9
1
In the case of an award of family credit on a claim treated as made on 11th April 1988 by virtue of regulation 3(2) (pre-existing entitlement to family income supplement), section 20(6) of the Act shall be modified by substituting for the words “for a period of 26 weeks or such other period as may be prescribed, beginning with the week in which the claim is made or is treated as made and” the words “for a period beginning with the week in which a claim for it is made or is treated as made and ending 52 weeks after the start of the most recent award of family income supplement, or on such earlier date as the Secretary of State shall, in any particular case, decide and”.
2
In the case of an award of family credit on any claim made or treated as made before 5th October 1988, except an award to which paragraph (1) applies, section 20(6) of the Act shall be modified by substituting for the words “for a period of 26 weeks or such other period as may be prescribed” the words “for such period of at least 14 weeks but not more than 39 weeks, as the Secretary of State shall in any particular case decide”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
20th November 1987


text:
1
This Order may be cited as the Food and Environment Protection Act 1985 (Isle of Man) Order 1987 and shall come into force on 1st May 1987.
2
Part II (including Schedules 2 to 4) and Part IV of the Food and Environment Protection Act 1985 shall extend to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to this Order.
G. I. de Deney
Clerk of the Privy Council


text:
INTRODUCTORY
Citation and commencement
1
This Order may be cited as the Judicial Pensions (Requisite Benefits) Order 1987 and shall come into force on 1st April 1987.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Pensions Act 1975 ;
“the Act of 1973 ” means the Social Security Act 1973;
“final salary” has the meaning given by Article 10;
“normal pension age”, in relation to a member of an occupational pension scheme, means the earliest age at which that member can become entitled to receive a pension under the scheme, apart from any special provision as to early retirement on grounds of ill-health or otherwise;
“office-holder” means a person who is or has been the holder of any scheduled office;
“pensionable age” means the age of 65 for a man and 60 for a woman;
“relevant enactment” means an enactment by virtue of which an office-holder might be granted a pension in respect of any relevant service and, in the case of a person who has held more than one office, includes any enactment relating to the payment of superannuation benefits to or in respect of such a person;
“relevant service” has the meaning given by Article 5(2) and (3);
“scheduled office” means an office listed in Schedule 1;
“scheme” means, in relation to any office-holder, the public service pension scheme established by a relevant enactment;
other expressions used in the Act or in the Social Security Act 1975 have the same meanings in this Order as in the relevant Act.
GENERAL
General effect of order
3
1
This Order applies in relation to any such office-holder as is mentioned in Article 4 so as to modify, or further modify, any relevant enactment in respect of him and, accordingly, the scheme which is applicable in relation to him shall make provision for his benefit, or otherwise in relation to him, which accords with the following provisions of this Order.
2
Articles 8 and 9 of this Order (which relate to guaranteed minimum pensions) apply in relation to any such office-holder as is mentioned in Article 4 notwithstanding any other provision in any enactment, including the other provisions of this Order.
Office-holders to whom Order applies
4
This Order shall have effect in relation to, but only to, an office-holder who is holding a scheduled office on 1st April 1987, or who is appointed to such an office when under pensionable age on or after that date: —
Provided that neither Article 6 nor Article 7 shall entitle an office-holder appointed to a scheduled office on or after 1st April 1987, or his widow, to a pension other than the minimum guaranteed under Article 8 or Article 9, unless his service in that office may be reckoned, for the purpose of superannuation benefits, together with service of his in an earlier office wholly or partly before that date (or might have been so reckoned but for his having left the later office before reaching compulsory retirement age).
Ceasing to hold office and relevant service
5
2
An office-holder does not cease to hold office for the purpose of this Order so long as he holds any scheduled office or an office service in which may, under any enactment, be reckoned on any basis together with earlier service of his in a scheduled office for the purpose of superannuation benefits.
2
Subject to paragraph (3) below, an office-holder’s service in a scheduled office is relevant service for the purposes of this Order and his relevant service may include any earlier service of his which may, under any enactment, be reckoned on any basis together with service of his in a scheduled office.
3
Service is not relevant service for the purposes of this Order if it is service before 6th April 1978.
4
For the purposes of paragraphs (1) and (2) above: —
a
it is immaterial whether —
i
as served at any time in any other office (including an office in relation to which he ceases to hold office for the purposes of this Order);
ii
the later offices are the same;
iii
any election in respect of the office-holder is available, or, if available, has been made; and
iv
the superannuation benefits payable under the relevant enactment relating to one office would, in the circumstances of the case, be unaffected by adding the other service into the reckoning; and
b
service in an earlier office shall be treated as reckonable with service in a later scheduled office if it would have been so reckonable but for the office-holder’s having left the later (or a subsequent) office before reaching compulsory retirement age.
REQUISITE BENEFITS
Office-holder’s benefits
6
1
As from his attainment of pensionable age, an office-holder shall be entitled for the purposes of this Order to a pension under a scheme for his life.
2
Subject to paragraphs (3) and (4) below, the annual rate of the office-holder’s pension under paragraph (1) shall be 1¼ per cent of his final salary multiplied by the number of years of relevant service completed by him before he attained pensionable age.
3
Paragraph (2) above shall not apply in relation to an office-holder who —
a
ceases to hold office before normal pension age, and
b
has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation).
4
Any part of the pension under paragraph (1) above in excess of the office-holder’s guaranteed minimum pension shall be postponed for any period for which he continues in employment (whether or not employment to which the scheme relates) after attaining pensionable age.
Widow’s benefits
7
1
As from the death of an office-holder (whether before or after attaining pensionable age) his widow shall be entitled for the purposes of this Order to a pension under a scheme.
2
Subject to paragraphs (3) and (4) below, the annual rate of the widow’s pension under paragraph (1) shall be ⅝ per cent of the final salary (or last salary before death) of the office-holder multiplied by the number of years of relevant service completed by him before he attained pensionable age.
3
Paragraph (2) above shall apply for any such period as is mentioned in section 36(6) of the Act.
4
Paragraph (2) above shall not apply in relation to an office-holder who dies after ceasing to hold office and who has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation).
Office-holder’s guaranteed minimum pension
8
1
As from his attainment of pensionable age an office-holder who has ceased to hold office shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in accordance with section 35(2), (3), (4), (5) and (9) of the Act, unless his accrued rights thereto are extinguished under section 43(7).
2
Where an office-holder continues to serve after pensionable age, then —
a
as from the expiration of five years from the date on which he attains pensionable age, or
b
as from the date (if earlier) when he ceases to hold office,
he shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in the manner provided by paragraph (1) above and section 35(6) of the Act.
3
Entitlement to payment of a guaranteed minimum pension by virtue of paragraph (1) or (2) above shall not arise in respect of any period during which the consent of the office-holder under section 33(3) (a) or (b) of the Act is in force and not revoked, and, when the pension which has accordingly been postponed commences, paragraph (1) above shall apply as if it contained a reference to section 35(6).
Widow’s guaranteed minimum pension
9
1
As from the death (whether before or after attaining pensionable age) of an office-holder, his widow shall, subject to paragraphs (2) and (3), be entitled to receive a guaranteed minimum pension the weekly rate of which shall be not less than her guaranteed minimum as ascertained in accordance with section 36(3) of the Act.
2
Paragraph (1) above shall apply for any such period as is mentioned in section 36(6) of the Act.
3
Paragraph (1) above shall not apply if —
a
at the date of his death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act, or
b
the widow’s accrued rights are extinguished under that subsection.
MISCELLANEOUS
Ascertainment of salary for requisite benefits
10
1
Subject to paragraphs (2) and (3) below, for the purposes of this Order the final salary of an officer-holder (or his last salary before death) shall be the annual rate of salary which he was receiving immediately before he ceased to hold office together with any sum which is reckoned as an additional part of his salary for pension purposes.
2
Where —
a
an office-holder has two or more periods of relevant service, and
b
an election is made by or in respect of him, pursuant to an enactment relating to the payment of superannuation benefits in respect of persons who have served continuously in more than one office, in favour of the receipt of benefits payable under the relevant enactment which relates to an office held by him other than the last,
then for the purposes of this Order, the final salary of that office-holder (or his last salary before death) shall be that which would have been arrived at under paragraph (1) above if he had continued to hold the earlier office until the date when he ceased to hold office; and, if that office had ceased to exist at that date, that salary shall be taken to be such as the Lord Chancellor or the Secretary of State, as the case may be, with the concurrence of the Treasury may determine it would have been had the office continued to exist.
3
For the purposes of Articles 6, 7 and 11(2) there shall be excluded from the salary by reference to which the annual rate of the office-holder’s or widow’s pension is to be calculated any amount of earnings except so much (if any) as would, if expressed as a weekly rate, exceed one and a half times the lower earnings limit but would not exceed the upper earnings limit.
4
In paragraph (3) above, references to the lower and upper earnings limits, in relation to any earnings, are references to those limits as in force when the earnings are paid.
Contribution in event of marriage during retirement
11
1
Where, on the date when he ceases to hold office, an office-holder is unmarried, he may be required to undertake, in return for payment to him of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) below is applicable to him, that he will, on his first marriage thereafter, pay a contribution in respect of benefits that may become payable to his widow by virtue of Articles 7and 9.
2
The enactments referred to in paragraph (1) above are —
Section 7 of the City of London (Courts) Act 1964 ; and
Section 17 of the Judicial Pensions Act 1981 .
3
The contribution referred to in paragraph (1) above shall be equal to 1⅞ths per cent of the office-holder’s final salary multiplied by the number of whole years of relevant service of his which were —
a
completed by him before he attained pensionable age, and
b
not years —
i
during any part of which he was a married man, or
ii
preceding a marriage of his contracted before he ceased to hold office.
Marriage shortly before death
12
Where the marriage of a woman to an office-holder takes place after he has ceased to hold office and not more than six months before his death, any pension to be paid to her as his widow by virtue of this Order shall be limited to her guaranteed minimum pension.
Time of payment
13
Any pension to which there is entitlement by virtue of this Order shall be payable at intervals of not more than three months.
Relationship to other benefits
14
Any pension to which there is entitlement by virtue of this Order shall be reckoned towards and treated as part of any pension which is paid in relation to an office-holder under any relevant enactment.
Savings
15
This Order does not apply in relation to an office-holder to whose relevant service there apply the provisions of the principal civil service pension scheme.
Revocation of earlier Orders
16
The Orders listed in Schedule 2 are hereby revoked, but without prejudice to —
a
their continued application in relation to any person who ceases to hold office before 1st April 1987; or
b
their application to the office of county court judge or resident magistrate in Northern Ireland.
Hailsham of St Marylebone, C.
Dated 18th February 1987
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
Dated 27th February 1987


text:
Citation and commencement
1
This Order may be cited as the Social Security (Portugal) Order 1987 and shall come into force on 22nd October 1987.
Modification of Acts and Variation of Order
2
The Social Security Act 1975 and the Child Benefit Act 1975 and any regulations made under it shall be modified and the Social Security (Portugal) Order 1979 shall be varied so as to give effect to the Agreement made on 28th September 1987 the terms of which are contained in the Note from the Portuguese Ambassador to the Court of St James to the Secretary of State for Foreign and Commonwealth Affairs which is set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the London City Airport Byelaws (Designation) Order 1987 and shall come into force on 30th July 1987.
2
The London City Airport is hereby designated for the purposes of section 63 of the Airports Act 1986.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
30th June 1987