type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Motor Cycles (Eye Protectors) (Amendment) Regulations 1987 and shall come into force on 1st July 1987.
2
The Motor Cycles (Eye Protectors) Regulations 1985 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 4, the word “or” shall be deleted after paragraph (b) and inserted after paragraph (c), and the following paragraph shall be added —
d
he is in the armed forces of the Crown, on duty and wearing an eye protector supplied to him as part of his service equipment.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
7th April 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Superannuation) Amendment Regulations 1987 and shall come into force on 29th January 1988.
2
In these Regulations “the principal Regulations ” means the National Health Service (Superannuation) Regulations 1980 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (definitions) —
a
after the definition of “appointed day” there shall be inserted the following definition —
“appropriate policy” means a policy of insurance or annuity contract which provides an annuity which satisfies requirements prescribed under paragraph 13(2)(b) of Schedule 1A to the Pensions Act;
;
b
in the definition of “mental health officer” for “any medical specialist who devotes” there shall be substituted “a maximum part-time specialist as defined in regulation 78(3) who devotes the whole or”;
c
after the definition of “statutory scheme” there shall be inserted the following definition —
“superannuation scheme” means an “occupational pension scheme” within the meaning of section 66(1) of the Pensions Act;
;
d
in the definition of “temporary additional session” after “extra notional half-day” there shall be added “, or in the case of a specialist to whom sub-paragraph (a) of regulation 78(3) applies any session in excess of 10 in any one week regardless of its length,”.
Amendment of regulation 8 of the principal Regulations
3
In regulation 8 of the principal Regulations (officer’s pension and retiring allowance) —
a
in paragraph (1)(a)(iv) “regulation 37(4) or” shall be omitted;
b
in paragraph (5)(b) “or is a person to whom regulation 37(4) applies” shall be omitted.
Amendment of regulation 13 of the principal Regulations
4
In regulation 13 of the principal Regulations (death gratuity) —
a
in paragraph (1) after “at the time of his death” there shall be inserted “and he has not elected by notice to the Secretary of State that she shall be excluded”;
b
in paragraph (3) there shall be inserted at the beginning “Except in any case to which any proviso to regulation 14(1) applies and”;
c
in paragraph (4) —
i
for the words from “Where” to “calculated” there shall be substituted “Where the death referred to in paragraph (1) was of a married woman, this regulation shall apply”, and
ii
“in this regulation” shall be omitted;
d
after paragraph (6) there shall be inserted the following paragraph —
7
Notice to the Secretary of State under paragraph (1) shall be given in writing and may similarly be cancelled.
.
Amendment of regulation 14 of the principal Regulations
5
In regulation 14 of the principal Regulations (widow’s pension) in proviso (iii) to paragraph (1) for “15th December” there shall be substituted “16th December”.
Amendment of regulation 15 of the principal Regulations
6
In regulation 15(2)(b) of the principal Regulations (child’s allowance) —
a
in head (i) after “profession or vocation” there shall be inserted “in respect of which he does not receive remuneration of more than the allowable maximum”;
b
for head (ii) there shall be substituted the following head —
ii
by reason of permanent ill-health or infirmity of mind or body was at the time of the death of that person incapable, or at a time when head (i) above applied to him became incapable, of earning his own living and has at all times subsequently remained incapable.
;
c
after head (ii) there shall be inserted “and in head (i) above “allowable maximum” means the sum of £1,177 a year as increased from time to time by the amount of the increase, rounded up to the nearest pound, which would be applied under Part I of the Pensions (Increase) Act 1971 (disregarding for this purpose the words “for a period of not less than two years” in section 3(3)(d) of that Act) to a pension of £1,177 a year first awarded on 6th April 1987 and as increased also by the annual amount (if any) of essential expenses necessarily incurred for the purposes of the full-time training.” .
Amendment of regulation 16 of the principal Regulations
7
In regulation 16(3)(a)(ii) of the principal Regulations (limited duration pensions for widows and dependent children) after “profession or vocation” there shall be inserted “in respect of which he was not receiving remuneration of more than the allowable maximum as defined in regulation 15(2)(b), or was in a break in such instruction or training”.
Amendment of regulation 19 of the principal Regulations
8
In regulation 19 of the principal Regulations (power to compound small benefits) —
a
in paragraph (1) after “death gratuity” there shall be inserted, in both places where those words occur, “, widow’s pension and child’s allowance”;
b
in paragraph (2) for “in relation to” there shall be substituted “where the annual sum is”;
c
after paragraph (2) there shall be inserted the following paragraph —
2A
Where a person has died and the annual amount of the pension payable to his widow is less than £104 the Secretary of State may discharge his liability in respect of the pension by the payment of a lump sum representing its capital value.
;
d
paragraph (3) shall be omitted.
Amendment of regulation 20 of the principal Regulations
9
In regulation 20 of the principal Regulations (guaranteed minimum pension under the Pensions Act) —
a
in paragraph (1) for “paragraph (3)” there shall be substituted “paragraphs (2A) and (3)”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
Where payment of an officer’s guaranteed minimum pension is secured by an appropriate policy his earnings factors shall be determined (for the purposes of section 35(2) of the Pensions Act) without reference to any order that comes into force under section 21 of that Act, but the weekly equivalent mentioned in that subsection of that Act shall be increased by the minimum rate of increase specified in regulation 22(3) of the Occupational Pension Schemes (Contracting-out) Regulations 1984.
.
Amendment of regulation 21 of the principal Regulations
10
In regulation 21 of the principal Regulations (reckoning as service of previous periods of employment) —
a
in paragraph (1)(c)(i), for “6 months” there shall be substituted “1 year”;
b
in paragraph (1)(c)(ii) there shall be added at the end “from that scheme.”;
c
for paragraph (3) there shall be substituted the following paragraph —
3
Subject to paragraphs (4) and (6), where a person enters employment as an officer and paragraph (1) does not apply to him, and in consequence of his service in previous employment he has accrued rights to benefits under a superannuation scheme (whether or not his rights are preserved in that scheme or have been transferred to and are held under one or more such schemes or are appropriately secured for the purposes of section 52C of the Pensions Act by one or more appropriate policies) that service shall be reckonable at its full length for the purpose of determining whether any benefit is payable to or in respect of him under these Regulations, if —
a
within 12 months after entering employment as an officer he gives written notice to the Secretary of State that he wishes the Secretary of State to request a transfer payment in relation to some or all of his accrued rights from —
i
the trustees or managers of the superannuation scheme under which some or all of those rights are held, or
ii
from the insurance company with whom an appropriate policy securing some or all of those rights is held;
and
b
those trustees or managers or that insurance company makes a transfer payment in respect of some or all of those rights to the Secretary of State, and, when the Secretary of State so requests, indicating the period of service in respect of which it is made.
;
d
in paragraph (4) from “, and the contributing service reckonable in respect of any part of the former employment” to the end shall be omitted;
e
for paragraph (6)(c) there shall be substituted the following sub-paragraph —
c
decline to accept a transfer payment in respect of a person under paragraph (3), if it does not exceed the annual amount of the guaranteed minimum pension for which the Secretary of State would have been liable as a result of accepting it multiplied by the factor appropriate to that person, as set out in column 2 of the following table opposite his age, as at the date when the Secretary of State is requested to accept the transfer payment, as set out in column 1 —
Age Appropriate factor
29 or under 8 30 to 39 9 40 to 49 10 50 or over 12
.
Amendment of regulation 25 of the principal Regulations
11
In regulation 25(11) of the principal Regulations (purchase of added years) —
a
for “ceased to make payments” there shall be substituted “failed or ceased to make payment”;
b
after “liable to pay and” there shall be inserted “, except in a case where payment was not made by reason of his absence from duty without leave,”;
c
for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
if sub-paragraph (c) of this paragraph has applied to him, his election under paragraph (1)(b) shall continue to have effect if —
i
having been absent from duty without leave, he ceases within 12 months to be so absent (while remaining an officer), or
ii
having ceased to be an officer in circumstances other than those mentioned in sub-paragraph (a) of this paragraph, he again becomes an officer within 12 months in circumstances, other than those to which regulation 21(3) applies, in which his previous service is reckonable as contributing service;
.
Amendment of regulation 27 of the principal Regulations
12
In regulation 27 of the principal Regulations (purchase of unreduced retiring allowance) —
a
in paragraph (1)(a) “to make a payment in accordance with the provisions of paragraph 1 of Schedule 8; or” shall be omitted in, and shall be inserted after, head (ii);
b
in paragraph (4)(b) for “he has received payment of a retiring allowance” there shall be substituted “he has become entitled to receive payment of a retiring allowance”;
c
in paragraph (8) —
i
for “ceased to make payments” there shall be substituted “failed or ceased to make payment”,
ii
after “liable to pay and” there shall be inserted “, except in a case where payment was not made by reason of his absence from duty without leave,”, and
iii
for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
if sub-paragraph (c) of this paragraph has applied to him, his election under paragraph (1)(b) shall continue to have effect if —
i
having been absent from duty without leave he ceases within 12 months to be so absent (while remaining an officer), or
ii
having ceased to be an officer in circumstances other than those mentioned in sub-paragraph (a) of this paragraph, he again became an officer within 12 months in circumstances, other than those to which regulation 21(3) applies, in which his previous service is reckonable as contributing service;
.
Amendment of regulation 37 of the principal Regulations
13
In regulation 37 of the principal Regulations (return of contributions) —
a
paragraph (4) shall be omitted;
b
in paragraph (5)(a) “(excluding any added years)” shall be omitted after “5th April 1975” and inserted after “5 years' service”.
Amendment of regulation 40 of the principal Regulations
14
In regulation 40 of the principal Regulations (reduction of pension in certain cases) —
a
in paragraph (3)(b)(iii)(aa) after “pay period” there shall be inserted “other than as a result of a change in the conditioned hours of a grade”;
b
in sub-paragraph (e) of paragraph (4) after head (iii) (and before the provisos to the sub-paragraph) there shall be inserted “so however that if the amount arrived at is less than the amount of the pension payable the pre-retirement earnings shall be deemed to be the latter amount”.
Amendment of regulation 41 of the principal Regulations
15
In regulation 41(1) of the principal Regulations (separate benefits for certain re-employed pensioners) for “payable out of public funds, whether under these regulations or otherwise, has become” there shall be substituted “under these or the previous Regulations has again become”.
Amendment of regulation 44 of the principal Regulations
16
In regulation 44 of the principal Regulations (optants retaining rights corresponding with those previously enjoyed) —
a
in paragraph (5) for “regulations 39 and” there shall be substituted “regulation”;
b
in paragraph (6) the proviso shall be omitted;
c
in paragraph (7) —
i
in sub-paragraph (a) “and regulation 37(4)” shall be omitted,
ii
in sub-paragraph (dd) , in proviso (i) for “provisos (a) and (i )” there shall be substituted “proviso (i ) and also, except in a case to which proviso (ii) below applies, in provisos (a) and (d)”, and
iii
in sub-paragraph (h) for the words from “the average remuneration” to “paragraph (7)(dd) of” there shall be substituted “any benefit (other than a benefit in respect of which sub-paragraph (dd) of this paragraph applies) which is payable to or in respect of any officer to whom” and for “proviso (i)” there shall be substituted “proviso (i )”.
Amendment of regulation 54 of the principal Regulations
17
In regulation 54 of the principal Regulations (female nurses etc ) “and in regulation 39(1)” shall be omitted.
Amendment of regulation 55 of the principal Regulations
18
In regulation 55 of the principal Regulations (mental health officers) —
a
in paragraph (1)(a) “and in regulation 39(1)” shall be omitted;
b
in paragraph (2) —
i
in sub-paragraph (a) “and in regulation 39(1)” shall be omitted, and
ii
in sub-paragraph (b) for “after attainment” there shall be substituted “from and including attainment”.
Amendment of regulation 61 of the principal Regulations
19
In regulation 61 of the principal Regulations (payments without proof of title) —
a
for “£1,500” there shall be substituted “£5,000, or such higher amount as would for the time being be applicable in relation to the death if these Regulations were an enactment to which section 1 of the Administration of Estates (Small Payments) Act 1965 (maximum amount disposable on death without representation) applied,”;
b
the words from “, or in the case of illegitimacy” to “may think fit” shall be omitted.
Amendment of regulation 69 of the principal Regulations
20
In regulation 69 of the principal Regulations (meaning of “remuneration” in relation to practitioners) —
a
in proviso (a) to paragraph (2) for “such practitioner” there shall be substituted “such practitioners”;
b
in proviso (b) to paragraph (2), there shall be inserted, at the beginning, the words “subject to paragraph (8)”;
c
in proviso (b)(ii) to paragraph (2), the words “(as defined in paragraph (8))” shall be omitted;
d
in paragraph (8)(a) after head (ii) there shall be inserted “so however that references to “aggregate superannuable remuneration” and to “total remuneration” in proviso (b) to paragraph (2) shall not include any remuneration which is stated in any notice given under that proviso to be remuneration received by one partner which is not to form part of the partnership profits”.
Amendment of the heading to and regulation 80 of the principal Regulations
21
1
For the heading to regulation 80 of the principal Regulations (rights on transfer to other employment) there shall be substituted the following heading “Right to a transfer payment”.
2
In regulation 80 of the principal Regulations —
a
for paragraph (1) there shall be substituted the following paragraph —
1
Subject to paragraphs (3) and (5), where a person has left employment in which he was an officer (hereafter referred to as his “old employment”), and in consequence has ceased to be subject to these Regulations then if —
a
his old employment terminated or he ceased to be subject to these Regulations before he attained the age of 60 years, or where paragraph (5) applies the age of 59 years;
b
he is a person —
i
who has completed 5 or more years' service, or
ii
within 12 months, or within such longer period as the Secretary of State may in any particular case allow, of leaving his old employment he has taken up employment in which he participates in a superannuation scheme and he has, within 6 months after taking up that new employment, made an application such as is mentioned in sub-paragraph (d) for a transfer payment;
c
no benefit under these Regulations has been paid, or where paragraph (5) applies is payable, to him in relation to his old employment other than —
i
a benefit consisting of a return of contributions in respect of part only of his contributing service in his old employment (whether or not repaid to the Secretary of State), or
ii
a benefit consisting of a return of contributions in respect of all of his contributing service in his old employment paid to him by the Secretary of State under regulation 37 where he has repaid to the Secretary of State an amount equal to the sum received by him, or
iii
any funds paid to him on account of benefit under these or the previous Regulations, where he has ceased to be employed in the circumstances mentioned in regulation 8(7) and has repaid to the Secretary of State the amount paid to him;
d
he has, before attaining —
i
the age of 60 years, or
ii
where paragraph (5) applies the age of 59 years or 6 months after the date on which he ceased to be subject to these Regulations, whichever is later,
made an application in writing to the Secretary of State for a transfer payment to be made, and has not subsequently withdrawn it in accordance with paragraph 9(a);
e
he is not a person the whole of whose benefits under these Regulations have been forfeited by virtue of a direction made by the Secretary of State under regulation 62; and
f
where paragraph (5) applies he has completed 5 or more years' service,
the Secretary of State shall, in respect of that person provide a transfer payment, calculated in accordance with Part I of Schedule 2, to be used at that person’s option in one or more of the ways, set out in paragraph 13(2) of Schedule 1A to the Pensions Act.
;
b
paragraph (1A) shall be omitted;
c
in paragraph (2) for “new employment” there shall be substituted “employment”;
d
in paragraph (4) for “, regulation 20(3)(c)(ii) and regulation 81” there shall be substituted “and regulation 20(3)(c)(ii)”;
e
after paragraph (4) there shall be added the following paragraphs —
5
This paragraph applies where a person opts to have his transfer payment, or any portion of it, made to one or more insurance companies.
6
Subject to paragraph (7) where the Secretary of State is to make a transfer payment he shall do so —
a
within 12 months of the date on which an application under paragraph (1)(d) is received by him; or
b
if the person in respect of whom the transfer payment is to be made —
i
ceased to be subject to these Regulations on a date prior to his attaining the age of 59 years, and
ii
made his application for a transfer payment within 6 months of that date,
by the date on which he attains the age of 60 years,
whichever is the earlier.
7
Where proceedings are pending under regulation 62 the Secretary of State shall be under no obligation to make any transfer payment before the end of the period of 3 months after the conclusion of the action under that regulation.
8
A person may exercise his option, as described in paragraph (1), in different ways in relation to different portions of his transfer payment, provided that he exercises his option in relation to each and every portion of it.
9
a
An application for a transfer payment to be made may be withdrawn by a member by giving notice in writing to the Secretary of State, but such an application will be of no effect if prior to the date of receiving it the Secretary of State has entered into an agreement with a third party to use the whole or any part of the member’s transfer payment in one of the ways set out in paragraph 13 of Schedule 1A to the Pensions Act; and
b
A member who withdraws an application may make another.
.
Amendment of regulation 82 of the principal Regulations
22
In regulation 82 of the principal Regulations (provisions relating to approved employment) —
a
in paragraph (1) —
i
“(other than a person who is entitled to benefits under regulation 8(1)(a)(iv))” shall be omitted,
ii
after “become entitled to” there shall be inserted “receive payment of”, and
iii
for “3 months” there shall, in both places where those words occur, be substituted “6 months”;
b
in paragraph (2)(c) after “officer” there shall be inserted “so however that for the purpose of calculating any death gratuity head (i) of regulation 13(2)(a) (average remuneration) shall be disregarded”;
c
paragraph (5) shall be omitted.
Amendment of Schedule 1 to the principal Regulations
23
In paragraph 1(d) of Schedule 1 to the principal Regulations (allocation to spouse or dependant) for “£78” there shall be substituted “£104”.
Substitution for Schedule 2 to the principal Regulations
24
For Schedule 2 to the principal Regulations there shall be substituted Schedule 2 set out in the Schedule to these Regulations.
Amendment of Schedule 7 to the principal Regulations
25
In paragraph 4 of Schedule 7 to the principal Regulations (purchase of added years) after sub-paragraph (1) there shall be inserted the following sub-paragraph —
1A
Notwithstanding head (ii) of regulation 34(1)(a), any period of service referred to in that head shall be reckonable at its full length for the purpose of determining the maximum number of years of additional contributing service that an officer may elect to purchase.
.
Revocations
26
Regulations 39 (conditions attaching to grant of pension) and 81 (specified transfers before 6th April 1975) of the principal Regulations are revoked.
Application and retrospective effect of Regulations
27
1
Regulation 4(a) of these Regulations shall not apply in relation to any person who ceased to be an officer before these Regulations came into operation.
2
Regulation 22(b) of these Regulations shall not apply in relation to any benefit which is being paid or may become payable under the principal Regulations to or in respect of any person who, having served in an employment or office service which qualifies persons to participate in the benefits for which those Regulations provide, has ceased to serve or has died before these Regulations came into operation.
3
Regulation 6(b) of these Regulations shall have effect from 4th July 1981, and regulation 19(a) from 11th May 1984.
4
Regulations 21 and 24 shall not have effect —
a
in relation to any person who has completed 5 or more years' service as an officer and whose employment as such an officer terminated before 1st January 1986 (or who ceased to be subject to the principal Regulations before that date), so as to allow him to exercise an option under regulation 80 of the principal Regulations which would not have been available to him had these Regulations not have been made; or
b
in relation —
i
to transfer payments made by the Secretary of State to statutory schemes, or schemes which fall to be treated by him as statutory schemes for the purposes of Schedule 2 to the principal Regulations, where an application was received by him before 6th April 1988, and
ii
to transfer payments made by such schemes to the Secretary of State before that date.
5
Where the whole, or any part of, a transfer payment made in respect of a person —
a
falls to be calculated by reference to service rendered by him before the coming into force of these Regulations;
b
is to be used by the Secretary of State, at that person’s option, to acquire transfer credits in an occupational pension scheme; and
c
would as a consequence of the amendments made to the principal Regulations by regulations 21 and 24 of these Regulations result in the amount or value of those transfer credits being reduced,
that transfer payment, or that part of it, shall be calculated as if regulations 21 and 24 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Services.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Health and Social Security
16th December 1987
We consent to the making of these Regulations.
Michael Neubert
David Lightbown
Lord Commissioners of Her Majesty’s Treasury
18th December 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Surrey Water Order 1987 and shall come into force on 7th August 1987.
2
The East Surrey Water Acts and Orders 1862 to 1985 and this Order may be cited together as the East Surrey Water Acts and Orders 1862 to 1987.
3
In this Order —
“the Company” means the East Surrey Water Company;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.
Capital and borrowing powers
2
For section 4 of the East Surrey Water (Capital Powers) Order 1978 (Capital and borrowing powers) there shall be substituted the following section —
4
1
The Company may raise capital by —
a
the issue of shares;
b
borrowing on mortgage of the undertaking;
c
borrowing by the issue of debenture stock.
2
Any sums to be raised in accordance with subsection (1), when added to —
a
the sums raised by the issue of existing share capital before the relevant date; and
b
other amounts raised by borrowing and still outstanding on that date;
shall not exceed £40 million.
3
Subject to subsection (4), the Company shall take such steps as may be necessary to ensure that the amounts raised as mentioned in paragraphs (b) and (c) of subsection (1) which are at any time outstanding do not exceed twice the aggregate of —
a
the sums raised by the issue of existing share capital; and
b
the amount of the Company’s reserves.
4
With the consent of the Secretary of State, the Company may raise an additional amount, as mentioned in paragraphs (b) and (c) of subsection (1), not exceeding ten per cent. of the total on the relevant date of the sums and amount specified in paragraphs (a) and (b) of subsection (3).
5
For the purposes of this section —
a
the amount raised by the issue of share capital or debenture stock is the amount raised after taking into account any premiums or discounts; and
b
in the case of any share capital or debenture stock issued for a consideration other than cash the nominal value shall be taken to have been the amount raised by that issue.
6
The Company’s powers of borrowing may be exercised without obtaining a certificate of a justice under section 40 of the Companies Clauses Consolidation Act 1845 .
7
Sums to be raised by the Company may be raised by the issue of new ordinary shares or stock or new preference shares or stock or, at the Company’s option, by any of those methods.
8
The Company shall not pay interest on any moneys borrowed or debenture stock issued under this section at a higher rate than seven per cent. per annum or such higher rate as the Secretary of State may from time to time allow:
Provided that the consent of the Secretary of State shall not be required to the payment of interest on moneys borrowed by the Company on mortgage of the undertaking or by the issue of debenture stock at a rate higher than seven per cent. per annum if the rate is a fixed rate and is certified to the Company as being appropriate in the circumstances of the case by —
a
the firm of stockbrokers, being members of a recognised stock exchange as defined in section 16(1) of the Company Securities (Insider Dealing) Act 1985 , or the bankers who placed the mortgage or placed or underwrote the issue of debenture stock; or
b
in the case of the raising of money on mortgage, an accountant or firm of accountants being either the duly appointed auditor or auditors of the Company or a person qualified to be so appointed.
9
In this section —
“the Company’s reserves” means the aggregate of any of the following amounts appearing in the Company’s last audited balance sheet —
any capital reserve;
any sum carried forward in accordance with section 77 of the Third Schedule; and
any amounts standing to the credit of any reserve or contingency fund established and maintained in accordance with section 76 of the Third Schedule;
“the relevant date” means the date on which the Company exercise the powers mentioned in subsection (1).
.
Maximum rates of dividend
3
1
The Company shall not in respect of any year pay dividends on their paid up share capital at rates greater than the following —
a
on capital subscribed before the date of commencement of this Order, the rates which they were empowered to pay immediately before that date;
b
on capital subscribed during the initial period, 10 per cent., or such higher rate not exceeding 12 per cent. as the Secretary of State for the Environment may allow;
c
on capital subscribed after the initial period, 7 per cent., or such higher rate not exceeding 12 per cent., as the Secretary of State for the Environment may allow.
2
The Company shall be entitled to pay a dividend on ordinary capital at rates greater than those mentioned in paragraphs (b) and (c) of subsection (1) to make up deficiencies in previous dividends, but as respects the ordinary C stock of the Company and as respects ordinary capital created and issued after the commencement of the East Surrey Water Order 1953 this subsection shall apply only in relation to deficiencies arising during the five years preceding the year in respect of which a dividend is being paid.
3
In this section the “initial period” means the period of five years beginning with the date of commencement of this Order.
Modification of section 76 of the Third Schedule
4
Section 76 of the Third Schedule (Reserve and contingency funds), as applied to the undertaking with modifications by section 3(3)(g) of the East Surrey Water Order 1963, and further modified by section 8 of the East Surrey Water (Capital Powers) Order 1978, shall be further modified to have effect as if in subsection (1) there were inserted after the words “as they think fit” the words “(not being provision for liabilities or charges within paragraph 89 of Schedule 4 to the Companies Act 1985)” .
Revocation
5
Section 6 of the East Surrey Water (Capital Powers) Order 1978 (Maximum rates of dividend) and paragraphs (a), (b) and (c) of section 3 (Modification of enactments) of the East Surrey Water (No.2) Order 1985 are revoked.
Costs of Order
6
The costs, charges and expenses of and incidental to the application for and the preparation and making of this Order shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
6th August 1987


text:
1
The Treaty of Peace (Roumania) Vesting Order 1948 is hereby revoked.
2
This Order may be cited as the Treaty of Peace (Roumania) Vesting Order 1948 Revocation Order 1987.
A.C. Russell
An Under Secretary in the
Department of Trade and Industry
Dated this 22nd day of April 1987


text:
Now, therefore, Their Lordships, having taken the said regulations into consideration, are hereby pleased to approve the same as set out in the Schedule to this Order. This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) (No. 2) Order of Council 1987.
Clerk of the Privy Council


text:
1
This Order may be cited as the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) (Amendment) Order 1987 and shall come into force on 3rd April 1987.
2
In article 3 of the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) Order 1985 , after the word “section” there shall be inserted the word “50(4),”.
Signed by authority of the Secretary of State.
David Mitchell
Minister of State,
Department of Transport
24th February 1987
Nicholas Edwards
Secretary of State for Wales
2nd March 1987


text:
1
This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 1987 and shall come into force on 1st August 1987.
2
For paragraph 1(a) of the Schedule to the Non-Contentious Probate Fees Order 1981 there shall be substituted the following sub-paragraph —
a
if the assessed value
does not exceed £10,000 No fee
exceeds £10,000 but does not exceed £25,000 40.00
exceeds £25,000 but does not exceed £40,000 80.00
exceeds £40,000 but does not exceed £70,000 150.00
exceeds £70,000 but does not exceed £100,000 2.50 per £1,000
or part thereof
.
3
The Non-Contentious Probate Fees (Amendment) Order 1983 is hereby revoked.
Havers, C.
Dated 30th June 1987
We concur,
Lane, C.J.,
John F. Donaldson, M.R.,
John Arnold, P.,
Nicolas Browne-Wilkinson, V-C.
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
1
This Order may be cited as the Local Government Reorganisation (Property, etc.) (Merseyside) Order 1987 and shall come into force on 9th September 1987.
Specified Property
2
There shall vest in the Wirral Metropolitan Borough Council the property listed below, which consists of the land registered with Her Majesty’s Land Registry under the title number indicated —
Property Title Number
The site of the former Central Electricity Generating Board Bromborough Power Station, Power Road, Bromborough MS 179869 Land at Slack Wood, Power Road, Bromborough MS 206807 Land lying to the north of Larton Hey Farm, Greasby. MS 23642
3
There shall vest in Liverpool City Council the property known as the Driver Training Centre, Sefton Street, Liverpool.
Liverpool City Walkways
4
1
Any interest of the Merseyside Residuary Body in any city walkway provided in pursuance of section 7 of the Liverpool Corporation Act 1969 (“the 1969 Act”) shall vest in Liverpool City Council, and the functions formerly exercisable by the Merseyside County Council under Part II of that Act shall be exercisable by that City Council.
2
The following provisions are repealed —
a
in section 4 of the 1969 Act, the words “"the Corporation' means the Merseyside County Council” , and
b
in Part II of Schedule 3 to the County of Merseyside Act 1980 , the words from “In Part II” to the end of the Schedule.
Highways Land
5
Where on 1st April 1986 by virtue of section 263 of the Highways Act 1980 , any highway in Merseyside vested in a metropolitan district council, any interest of the Merseyside Residuary Body in any land below such highway shall vest in that council.
6
Any interest in land, and any rights and liabilities, vested in the Merseyside Residuary Body in pursuance of any agreement for the construction or improvement of a highway entered into by the Merseyside County Council, or any highway authority to which that Council was successor, shall vest in the metropolitan district council which is the highway authority in respect of that highway.
Rights and liabilities
7
All rights and liabilities acquired or incurred by the Merseyside Residuary Body exclusively in connection with any property transferred by this Order shall vest in the local authority to which that property is transferred.
Nicholas Ridley
Secretary of State for the Environment
13th August 1987


text:
1
These Regulations may be cited as the Data Protection (Fees) Regulations 1987 and shall come into force on 16th March 1987.
2
The fee payable under section 8(5) of the Data Protection Act 1984 on the renewal of an application for registration shall be £22.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State Home Office.
24th February 1987
We approve these Regulations.
Tony Durant
Tim Sainsbury
Two of the Commissioners of Her Majesty’s Treasury
25th February 1987


text:
1
The length of trunk road described in the Schedule 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 Oxfordshire that the last of the new trunk roads to be opened for through traffic has been opened for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”means the plan numbered RSE/A41/1/65/2/6, marked “The A41 London — Birmingham Trunk Road (North Street to Graven Hill, Bicester) (Detrunking) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk roads”means the highways to be provided by the Secretary of State in pursuance of the A41 London — Birmingham Trunk Road (Bicester Bypass) Order 1987; the M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No 1) Scheme 1984; the M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No 2) Scheme 1985, and the M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (Supplementary) Scheme 1985; and
iv
“the Trunk Road”means the London — Birmingham Trunk Road (A41).
3
This Order shall come into force on 3rd December 1987 and may be cited as the A41 London — Birmingham Trunk Road (North Street to Graven Hill, Bicester) (Detrunking) Order 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director, South East Region,
Department of Transport
5th November 1987


text:
1
These Regulations may be cited as the Civil Defence (Grant) (Amendment) Regulations 1987 and shall come into force on the fourteenth day after the day on which they are made.
2
In the Schedule to the Civil Defence (Grant) Regulations 1953 (expenses incurred by authorities in or in connection with the discharge of their civil defence functions which are to be completely reimbursed), after paragraph 1 there shall be inserted the following paragraph–
1A
Expenses in and in connection with–
a
the employment for civil defence purposes of any member of the staff of a local authority or police authority who is employed primarily for such purposes; and
b
the use, for the purpose of discharging the civil defence functions of a police authority, of the services of any member of a police force.
.
3
Regulation 2 above shall not have effect in relation to any expenses incurred by a local authority or police authority before 1st April 1987.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
27th March 1987
We consent,
Peter Lloyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 1987


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) (No. 2) Regulations 1987 and shall come into force on 13th January 1988.
2
The Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 are hereby further amended in accordance with the following provisions of these Regulations.
3
In regulation 3 (interpretation), in paragraph (1) after the definition of “public service vehicle” there shall be inserted the following new definition —
“recovery vehicle” has the same meaning as in Part I of Schedule 3 to the Vehicles (Excise) Act 1971 ;
.
4
In Schedule 5 (cases in which a licence is not required), at the end there shall be added the following new paragraph —
28
A recovery vehicle.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
16th December 1987


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Delegation) (Transitional Provisions) Order 1987 and shall come into force on 14th December 1987.
Modification of provisions in their application to recognition functions
2
This Order shall have effect in relation to the function of making or revoking a recognition order in respect of a self-regulating organisation or professional body exercisable by a designated agency (in this Order referred to as “recognition functions”).
3
In relation to the exercise of recognition functions at any time before 3rd October 1988, the requirements in paragraph 3(1) of Schedules 2 and 3 respectively to the Financial Services Act 1986 that rules afford to investors protection at least equivalent to that afforded by rules and regulations under Chapter V of Part I of that Act shall be modified as follows, that is to say that the requirements shall not be treated as unsatisfied by reason only of the fact that a contravention of the rules is not actionable at the suit of a person who suffers loss as a result of the contravention.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
27th November 1987


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Governing Bodies of Institutions of Further Education) Regulations 1987 and shall come into force on 1st September 1987.
Interpretation
2
In these Regulations —
“relevant institution”means an institution —
which is maintained by a local education authority; and
for which section 1 of the Education ( No. 2) Act 1968 requires there to be an instrument of government; and
“student governor”means a person who is a member of the governing body of a relevant institution of which he is a student.
Publication of minutes and papers
3
1
Subject to paragraph (2) below, a copy of —
a
the agenda for every meeting of the governing body of a relevant institution;
b
the draft minutes of every such meeting if they have been approved by the chairman of the meeting;
c
the signed minutes of every such meeting; and
d
any report, document or other paper considered at any such meeting;
shall, in each case as soon as may be, be made available at the institution by the governing body to any person wishing to inspect them.
2
There may be excluded from any item required to be made available in pursuance of paragraph (1) above, any material relating to —
a
a named teacher or other person employed at or proposed to be employed at the institution;
b
a named student at, or candidate for admission to, the institution; and
c
any matter which, by reason of its nature, the governing body are satisfied should be dealt with on a confidential basis.
Restrictions on participation of student governors in proceedings of governing bodies
4
1
Subject to paragraph (4) below, this regulation shall have effect for the purpose of prescribing restrictions on the participation of a student governor member of the governing body of a relevant institution in the proceedings of the governing body of that institution.
2
A student governor who is present at a meeting of the governing body of the relevant institution shall not, if he is under the age of eighteen, vote on any question concerning any proposal —
a
for the expenditure of money by the governing body; or
b
under which the governing body, or any members of the governing body, would enter into any contract, or would incur any debt or liability (whether immediate, contingent or otherwise).
3
Any student governor present at a meeting of the governing body of the relevant institution at which the subject of discussion is the appointment, remuneration, conditions of service, promotion, suspension, dismissal or retirement of a member or prospective member of the staff of the institution shall —
a
where the instrument of government for the institution contains a provision requiring a student governor, in the circumstances mentioned in this paragraph, to withdraw from the meeting if any one member of the governing body present at the meeting so requires, and a member present at the meeting does so require, withdraw from the meeting;
b
where the instrument of government for the institution contains the provision mentioned in sub-paragraph (a) above but no member of the governing body present at the meeting requires the withdrawal of student governors therefrom, take no part in the consideration or discussion of the matter in question and not vote on any question with respect to the matter; and
c
where the instrument of government for the institution does not contain the provision mentioned in paragraph (a) above, withdraw from the meeting.
4
The instrument of government for a relevant institution may contain provisions specifying restrictions on the participation of student governors in the proceedings of the governing body of the institution additional to those imposed by paragraphs (2) and (3) above.
Kenneth Baker
Secretary of State for Education and Science
2nd July 1987
Peter Walker
Secretary of State for Wales
2nd July 1987


text:
Title and commencement
1
This Order may be cited as the Strathclyde and Dumfries and Galloway Regions and Kyle and Carrick and Wigtown Districts (Lagafater Lodge and Shennas Lodge, New Luce) Boundaries Amendment Order 1987, and shall come into force on 1st October 1987.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and
“boundary map” means the map prepared by the Scottish Office, marked “The Strathclyde and Dumfries and Galloway Regions and Kyle and Carrick and Wigtown Districts (Lagafater Lodge and Shennas Lodge, New Luce) Boundaries Amendment Order 1987 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
The 1977 Regulations shall apply for the purpose of this Order to such an extent as may be required to implement the area change effected by article 4 of this Order.
Area change
4
Part of Kyle and Carrick District in Strathclyde Region containing Lagafater Lodge and Shennas Lodge near New Luce, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Wigtown District in Dumfries and Galloway Region.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 101 (Carrick) of Strathclyde Region and of ward 25 (Carrick South) of Kyle and Carrick District ; and
b
shall form part of electoral division 3 (Moors) of Dumfries and Galloway Region and of ward 5 (Glencowan) of Wigtown District .
James Douglas-Hamilton
Parliamentary Under Secretary of State,Scottish Office
New St. Andrew’s House,
Edinburgh
28th August 1987


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of West Sussex that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan” means the plan numbered CSE 205/2/26/02, marked “The London-Brighton Trunk Road (Sayers Common-Muddleswood De-Trunking) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk road” means the trunk road to be provided in pursuance of the London-Brighton Trunk Road (A23 Sayers Common-Albourne (B2116)) Order 1986 and the London-Brighton Trunk Road (A23 Albourne (B2116)-Muddleswood) Order 1987 ;
iii
“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 enactment and instrument which refers to highways classified by the Secretary of State;
iv
“the Trunk Road”means the London-Brighton Trunk Road (A23).
3
This Order shall come into force on 31st December 1987 and may be cited as the London-Brighton Trunk Road (Sayers Common-Muddleswood De-Trunking) Order 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
21st October 1987


text:
1
The length of the trunk road described in the Schedule 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 principal road as from the date on which this Order comes into force.
2
In this Order —
i
“the deposited plan”
means the plan numbered HA10/2 — WO55 marked “The London — Fishguard Trunk Road (A48) (County of Mid Glamorgan) Detrunking Order 1987”, signed by authority of the Secretary of State and deposited at the Welsh Office, Departmental Records Office, Curran Embankment, Cardiff CF1 5DX;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purpose of enactments and instruments which refer to a highway classified as a principal road and is also classified for the purpose of every other enactment and instrument which refers to a highway classified by the Secretary of State;
iii
“the trunk road”
means The London — Fishguard Trunk Road (A48).
3
This Order shall come into force on 1st April 1987 and may be cited as The London — Fishguard Trunk Road (A48) (County of Mid Glamorgan) Detrunking Order 1987.
Signed by authority of the Secretary of State.
G. Mercer
Director of Highways Welsh Office
20th February 1987


text:
1
This Order may be cited as the Rent (Relief from Phasing) Order 1987 and shall come into force on the expiry of the period of ten weeks beginning with the day on which this Order is made.
2
1
The following provisions of the Rent Act 1977 are repealed —
a
section 55;
b
Schedule 8, in so far as it relates to section 55.
2
The following provisions of the Rent (Agriculture) Act 1976 are repealed —
a
section 15;
b
Schedule 6.
3
The consequential amendments to the Rent Act 1977 specified in Schedule 1 to this Order are made.
3
The repeals and amendments made by this Order do not have effect in the circumstances and to the extent specified in Schedule 2 to this Order.


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of 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 that 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 folio numbered HA10/EM22 marked “The A52 Nottingham — West of Grantham Trunk Road (Bottesford Bypass) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means A52 Nottingham — West of Grantham Trunk Road.
5
This Order shall come into force on 26th June 1987 and may be cited as the A52 Nottingham — West of Grantham Trunk Road (Bottesford Bypass) Order 1987.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
5th June 1987


text:
1
This Order may be cited as the Income Tax (Interest Relief) (Qualifying Lenders) (No. 2) Order 1987.
2
The bodies named in article 3 below are prescribed for the purposes of Part IV of Schedule 7 to the Finance Act 1982 and shall become qualifying lenders with effect from the dates and in respect of the loans specified in the following paragraphs —
a
with effect from the thirtieth day after the making of this Order, in relation to new loans (that is loans which are made on or after that day);
b
with effect from the making of this Order, in relation to transferred loans (that is loans transferred from another qualifying lender on or after the making of this Order the interest on which is at the time of transfer relevant loan interest payable by a qualifying borrower);
c
with effect from the 6th April 1988, in relation to other loans made by the body concerned before the thirtieth day after the making of this Order.
3
The following are the bodies referred to in article 2 above —
Bank of Wales p.l.c.
Cannon Securities Limited
Central Capital Mortgages Limited
Central Capital Mortgages ( UK ) Limited
CIBC Mortgages (No. 1) Limited
CIBC Mortgages (No. 2) Limited
CIBC Mortgages (No. 3) Limited
CIBC Mortgages (No. 4) Limited
CIBC Mortgages (No. 5) Limited
CIBC Mortgages (No. 6) Limited
CIBC Mortgages (No. 7) Limited
CIBC Mortgages (No. 8) Limited
CIS Mortgage Maker Limited
Coventry Churches Housing Association
Coventry Churches (Second) Housing Association
Crédit du Nord S.A.
Entmart Limited
First Mortgage Securities (No. 11) Limited
First Mortgage Securities (No. 12) Limited
First Mortgage Securities (No. 13) Limited
First Mortgage Securities (No. 14) Limited
First Mortgage Securities (No. 15) Limited
General Portfolio Finance Limited
Gracechurch Mortgage Finance p.l.c.
Harrods Trust Limited
Hasyn One Limited
Hasyn Two Limited
Hasyn Three Limited
Hermes Mortgage Limited
Hilldene Properties Limited
Istituto Bancario San Paolo di Torino
James Capel Mortgage Finance Limited
London and Manchester (Home Loans No. 2) Limited
London and Manchester (Home Loans No. 3) Limited
Private Label Mortgage Services Limited
Rawnsley Bolton Securities Limited
Sentinel Home Loans Limited
Skandia First Funding Limited
SLB Mortgage Backed Securities (No. 1) Limited
SLB Mortgage Backed Securities (No. 2) Limited
SPC Homes (1) Limited
SPC Homes (2) Limited
SPC Homes (3) Limited
SPC Homes (4) Limited
SPC Homes (5) Limited
SPC Homes (6) Limited
SPC Homes (7) Limited
SPC Homes (8) Limited
SPC Homes (9) Limited
SPC Homes (10) Limited
SPC Homes (11) Limited
SPC Homes (12) Limited
SPC Homes (13) Limited
SPC Homes (14) Limited
SPC Homes (15) Limited
SPC Homes (16) Limited
SPC Homes (17) Limited
SPC Homes (18) Limited
SPC Homes (19) Limited
SPC Homes (20) Limited
Sun Alliance Mortgage Company Limited
Sun Life of Canada Home Loans Limited
Swiss Bank Corporation
Tamar Mortgage Company No. 1 Limited
Tamar Mortgage Company No. 2 Limited
Tamar Mortgage Company No. 3 Limited
Target Holdings Limited
The Fuji Bank Limited
The Mitsui Bank Limited
The National Bank of Kuwait S.A.K.
The National Commercial Bank
UK Home Loans Limited
Unity Trust p.l.c.
Windsor Home Loans Limited
David Lightbown
Michael Neubert
Two of The Lords Commissioners of Her Majesty’s Treasury
9th December 1987


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Second Amendment) Order 1987 and shall come into operation for the purpose of article 2(36), (37), (38), (39), (40), (41), (42), (43), (44), (45) and (46) on 1st June 1988, for the purpose of article 2(13) and (30) on 1st July 1989, and for all other purposes on 1st January 1988.
Amendment of the Air Navigation Order 1985
2
The Air Navigation Order 1985 shall be amended as follows:
1
For article 18(3) there shall be substituted the following–
3
a
A flying machine registered in the United Kingdom and flying for the purpose of public transport having a maximum total weight authorised exceeding 5700 kg. shall carry not less than two pilots as members of the flight crew thereof.
b
On and after 1st January 1990, an aeroplane registered in the United Kingdom and flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with Instrument Flight Rules and having a maximum total weight authorised of 5700 kg. or less and powered by:–
i
one or more turbine jets;
ii
one or more turbine propeller engines and provided with a means of pressurising the personnel compartments;
iii
two or more turbine propeller engines and certificated to carry more than nine passengers;
iv
two or more turbine propeller engines and certificated to carry fewer than ten passengers; being an aeroplane which is neither provided with a means of pressurising the personnel compartments nor equipped with an auto-pilot approved by the Authority for the purposes of this article; or
v
two or more piston engines and not equipped with an auto-pilot approved by the Authority for the purposes of this article;
shall carry not less than two pilots as members of the flight crew thereof:
Provided that an aeroplane powered by two or more turbine propeller engines and certificated to carry fewer than ten passengers or an aeroplane powered by two or more piston engines and equipped with an appropriate autopilot shall not be required to carry two pilots notwithstanding that before take-off the approved auto-pilot is found to be unserviceable if the aeroplane flies in accordance with arrangements approved by the Authority.
.
2
For article 18(7) there shall be substituted the following–
7
a
This paragraph applies to any flight for the purpose of public transport by an aircraft registered in the United Kingdom:–
i
on which is carried twenty or more passengers; or
ii
which may in accordance with its certificate of airworthiness carry more than thirty-five passengers and on which at least one passenger is carried.
b
The crew of an aircraft on a flight to which this paragraph applies shall include cabin attendants carried for the purposes of performing in the interests of the safety of passengers, duties to be assigned by the operator or the commander of the aircraft but who shall not act as members of the flight crew.
c
On a flight to which this paragraph applies, there shall be carried not less than one cabin attendant for every fifty, or fraction of fifty passenger seats installed in the aircraft:
Provided that the number of cabin attendants calculated in accordance with this sub-paragraph need not be carried where the Authority has granted written permission to the operator to carry a lesser number on that flight and the operator carries the number specified in that permission and complies with any other terms and conditions subject to which such permission is granted.
8
If it appears to it to be expedient to do so in the interests of safety, the Authority may direct any particular operator of any aircraft registered in the United Kingdom that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Authority may specify unless those aircraft carry in addition to the cabin attendants required to be carried therein by the foregoing provisions of this article such additional persons as cabin attendants as it may specify in the direction.
.
3
In article 20(1)(a), after the words “shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations)” there shall be inserted the following–
and undertake such courses of training.
.
4
For article 30(1) there shall be substituted the following–
30
1
a
The operator of every aircraft to which article 25 of this Order applies shall establish and include in the operations manual relating to the aircraft such particulars of such aerodrome operating minima as are appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
Provided that in relation to any flight wherein it is not practicable to include such information in the operations manual the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished, in writing, to the commander of the aircraft such particulars of the aerodrome operating minima as are appropriate to every aerodrome of intended departure or landing and every alternate aerodrome and calculated in accordance with the specified method; and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.
b
The operator of every such aircraft shall include in the operations manual relating to that aircraft such data and instructions as will enable the commander of the aircraft to calculate such aerodrome operating minima as are appropriate to aerodromes the use of which could not reasonably have been foreseen by the operator prior to the commencement of the flight.
.
5
In article 30(3)(e) there shall be substituted for the words “and shall establish in relation to each runway which may be selected for use aerodrome operating minima appropriate to each set of circumstances which can reasonably be expected” the words “and shall establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected”.
6
In article 30(4)(b) for the words “to commence or continue an approach to landing” there shall be substituted the words “to land”.
7
For article 30(5) there shall be substituted the following–
An aircraft to which article 25 of this Order applies when making a descent to an aerodrome shall not:–
a
descend below 1000 feet above the height of the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing: or
b
i
continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or
ii
descend below the relevant specified minimum descent height
unless from that height the specified visual reference for landing is established and is maintained.
.
8
For article 30(7) there shall be substituted the following–
7
In this article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or furnished in writing to the commander of the aircraft by the operator pursuant to the proviso to paragraph (1)(a) of this article.
.
9
For article 31(2) there shall be substituted the following–
2
The aircraft shall not take off or land at an aerodrome in the United Kingdom in contravention of the specified aerodrome operating minima or the specified instruction.
.
10
For article 31(3) there shall be substituted the following–
3
Without prejudice to the provisions of paragraph (2) of this article, a public transport aircraft registered in a country other than the United Kingdom when making a descent to an aerodrome shall not:–
a
descend below 1000 feet above the height of an aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing; or
b
i
continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or
ii
descend below the relevant specified minimum descent heightunless from that height the specified visual reference for landing is established and is maintained.
.
11
For article 31(4) there shall be substituted the following–
4
In this article “specified” in relation to an aircraft means specified by the operator in, or ascertainable by reference to, the particulars furnished by the operator to the Authority pursuant to paragraph (1) of this article.
.
12
After article 33 there shall be added the following–
Wearing of survival suits by crew
33A
Each member of the crew of an aircraft registered in the United Kingdom shall wear a survival suit if such a suit is required by article 13 of this Order to be carried.
.
13
For article 34(2)(e)(i) there shall be substituted the following–
i
take all reasonable steps to ensure that all passengers of two years of age or more are properly secured in their seats by safety belts or safety harnesses and that all passengers under the age of two years are properly secured by means of a child restraint device; and
.
14
For article 34(2)(g) there shall be substituted the following–
g
in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st January 1989 except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that–
i
before the aircraft reaches flight level 100 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 13 of this Order is demonstrated to all passengers;
ii
when flying above flight level 120 all passengers and cabin attendants are recommended to use oxygen;
iii
during any continuous period when the aircraft is flying above flight level 100 oxygen is used by all the flight crew of the aircraft;
h
in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) prior to 1st January 1989, except in the case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that–
i
before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 13 of this Order is demonstrated to all passengers;
ii
when flying above flight level 130 all passengers and cabin attendants are recommended to use oxygen;
iii
during any continuous period when the aircraft is flying above flight level 130 or on and after 1st January 1989 above flight level 100 oxygen is used by all the flight crew of the aircraft:
Provided that he need not comply with the provisions of this sub-paragraph (h) if he complies instead with the provisions of sub-paragraph (g) of this article.
.
15
For article 39(6) there shall be substituted the following–
6
A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal or a passenger who has been picked up or raised by means external to the helicopter or a passenger who it is intended shall be lowered to the surface by such means.
.
16
At article 70, for the heading “Balloons, kites and airships” there shall be substituted the heading “Balloons, kites, airships, gliders and parascending parachutes”.
17
After article 91 there shall be inserted the following new article 91A–
Aircraft in transit over certain United Kingdom territorial waters
91A
1
Where an aircraft, not being an aircraft registered in the United Kingdom, is flying over the territorial waters adjacent to the United Kingdom within part of a strait referred to in paragraph (4) of this article solely for the purpose of continuous and expeditious transit of the strait, only the following articles of and Schedules to this Order shall apply to that aircraft:–
article 14 and Schedule 6, to the extent necessary for the monitoring of the appropriate distress radio frequency, article 64(1)(a), (b) and (e), article 64(2), (3) and (4), together with the regulations made thereunder, article 94 and Part A of Schedule 13.
2
The powers conferred by the provisions referred to in paragraph (1) of this article shall not be exercised in a way which would hamper the transit of the strait by an aircraft not registered in the United Kingdom, but without prejudice to action needed to secure the safety of aircraft.
3
In this article “transit of the strait” means overflight of the strait from an area of high seas at one end of the strait to an area of high seas at the other end, or flight to or from an area of high seas over some part of the strait for the purpose of entering, leaving or returning from a State bordering the strait and “an area of high seas” means any area outside the territorial waters of any State.
4
The parts of the straits to which this article applies are specified in Schedule 14 to this Order.
.
18
In article 96(1), for the definition of “Aerodrome operating minima” there shall be substituted the following–
“Aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minimum for the operation of that aircraft at that aerodrome;
.
19
In article 96(1), for the definition of “Approach to landing” there shall be substituted the following–
“Approach to landing” means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1000 feet above the relevant specified decision height or minimum descent height;
.
20
In article 96(1), for the definition of “Decision height” there shall be substituted the following–
“Decision height” in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;
.
21
In article 96(1), for the definition of ““Hire purchase agreement” and “hirer”” there shall be substituted the following–
“Hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974 (b);
.
22
In article 96(1), there shall be inserted immediately before the words “Nautical mile” the following–
“Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;
.
23
In article 96(1), there shall be inserted immediately before the word ““Notified”” the following–
“Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;
.
24
In article 96(1), there shall be inserted immediately before the word ““Prescribed”” the following–
“Precision approach” means an instrument approach using Instrument Landing System, Microwave Landing System or Precision Approach Radar for guidance in both azimuth and elevation;
.
25
In article 96(1), for the definition of “Runway visual range” there shall be substituted the following–
“Runway visual range” in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in the vicinity of the touchdown zone or where this is not reasonably practicable in the vicinity of the midpoint of the runway; and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;
.
26
In Schedule 5, paragraph 4, for sub-paragraph (2)(b)(vii) of the Table in the column headed “Circumstances of Flight” there shall be substituted the following–
vii
when flying at a height of 10,000 feet or more above mean sea level:
aa
having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) before 1st January 1989
bb
having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) on or after 1st January 1989
and in the column headed “Scale of Equipment Required” there shall be inserted against the new sub-paragraph (vii)(aa) “K1 or K2” and against the new sub-paragraph (vii)(bb) “K2”.
27
In Schedule 5, paragraph 4, for sub-paragraph (2)(b)(xii) there shall be substituted the following–
xii
on all flights by a pressurised aircraft
aa
before 1st January 1990
bb
on or after 1st January 1990
and in the column headed “Scale of Equipment Required” there shall be inserted against the new sub-paragraph (aa) “R1” and against the new sub-paragraph (bb) “R2”.
28
In Schedule 5, paragraph 4 after sub-paragraph (9)(b)(v)(dd) of the Table in the column headed “Circumstances of Flight” there shall be inserted the following sub-paragraph–
ee
in the case of a helicopter or a gyroplane classified in its certificate of airworthiness as being of performance group A2 which is intended to fly beyond ten minutes flying time from land or which actually flies beyond ten minutes flying time from land, on a flight in support of or in connection with the offshore exploitation or exploration of mineral resources (including gas) when the weather report or forecasts available to the commander of the aircraft indicate that the sea temperature will be less than plus ten degrees centigrade during the flight or when any part of the flight is at night
and in the column headed “Scale of Equipment Required” there shall be inserted against the new sub-paragraph (ee) “HH”.
29
In Schedule 5, paragraph 4, for sub-paragraph (9)(b)(vii) of the Table in the column headed “Circumstances of Flight” there shall be substituted the following–
vii
when flying at a height of 10,000 feet or more above mean sea level:
aa
having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) before 1st January 1989
bb
having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) on or after 1st January 1989
and in the column headed “Scale of Equipment Required” there shall be inserted against the new sub-paragraph (vii)(aa) “K1 or K2” and against the new sub-paragraph (vii)(bb) “K2”.
30
In Schedule 5, paragraph 5, in Scale A after sub-paragraph (iii)(b) there shall be added the following–
c
In addition and for attachment to the equipment required in sub-paragraph (b) above, a child restraint device for every child under the age of two years on board.
.
31
In Schedule 5, paragraph 5, after Scale H there shall be the following–
Scale HH
A survival suit for each member of the crew.
.
32
In Schedule 5, paragraph 5, for the heading “Scale K” there shall be substituted the heading “Scale K1” and for sub-paragraph (ii)(a) thereof there shall be substituted the following–
a
a supply of oxygen sufficient for continuous use by all the crew, and if passengers are carried, by 10% of the number of passengers, for any period exceeding 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130 except that on and after 1st January 1989 flight crews shall be supplied with oxygen sufficient for continuous use for any period during which the flying machine flies above flight level 100; and
.
33
In Schedule 5, paragraphs 5, immediately before Scale L there shall be inserted the following–
Scale K2
A supply of oxygen and the associated equipment to meet the requirements set out in Parts I and II of this scale. The duration for the purposes of this scale shall be:
i
that calculated in accordance with the operations manual prior to the commencement of the flight, being the period or periods which it is reasonably anticipated that the aircraft will be flown in the circumstances of the intended flight at a height where the said requirements apply and in calculating the said duration account shall be taken of:
a
in the case of pressurised aircraft, the possibility of depressurisation when flying above flight level 100,
b
the possibility of failure of one or more of the aircraft engines,
c
restrictions due to required minimum safe altitude,
d
fuel requirement, and
e
the performance of the aircraft; or
ii
the period or periods during which the aircraft is actually flown in the circumstances specified in the said Parts;
whichever is the greater.
PART I
Unpressurised Aircraft
i
When flying at or below flight level 100
Nil.
ii
When flying above flight level 100 but not exceeding flight level 120
Supply for Duration
a
Members of the flight crew
Any period during which the aircraft flies above flight level 100
b
Cabin attendants and 10% of passengers
For any continuous period exceeding 30 minutes during which the aircraft flies above flight level 100 but not exceeding flight level 120, the duration shall be the period by which 30 minutes is exceeded
iii
When flying above flight level 120
Supply for Duration
a
Members of the flight crew
Any period during which the aircraft flies above flight level 120
b
Cabin attendants and all passengers
Any period during which the aircraft flies above flight level 120
PART II
Pressurised Aircraft
i
When flying at or below flight level 100
Nil.
ii
When flying above flight level 100 but not exceeding flight level 250
Supply for Duration
a
Members of the flight crew
30 minutes or whenever the cabin pressure altitude exceeds 10,000 feet, whichever is the greater
b
Cabin attendants and 10% of passengers
aa
hen the aircraft is capable of descending and continuing to its destination as specified at A hereunder, 30 minutes or whenever the cabin pressure altitude exceeds 10,000 feet, whichever is the greater
bb
When the aircraft is not so capable, whenever the cabin pressure altitude is greater than 10,000 feet but does not exceed 12,000 feet
c
Cabin attendants and passengers
aa
When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, no requirement other than that at (ii)(b)(aa) of this part of this scale
bb
When the aircraft is not so capable and the cabin pressure altitude exceeds 12,000 feet, the duration shall be the period when the cabin pressure altitude exceeds 12,000 feet or 10 minutes, whichever is the greater
iii
When flying above flight level 250
Supply for Duration
a
Members of the flight crew
2 hours or whenever the cabin pressure altitude exceeds 10,000 feet, whichever is the greater
b
Cabin attendants
Whenever the cabin pressure altitude exceeds 10,000 feet and a portable supply for 15 minutes
c
10% of passengers
Whenever the cabin pressure altitude exceeds 10,000 feet but does not exceed 12,000 feet
d
30% of passengers
Whenever the cabin pressure altitude exceeds 12,000 feet but does not exceed 15,000 feet
e
All passengers
If the Cabin pressure altitude exceeds 15,000 feet, the duration shall be the period when the cabin pressure altitude exceeds 15,000 feet or 10 minutes, whichever is the greater
f
2% of passengers or 2 passengers, whichever is the greater, being a supply of first aid oxygen which must be available for simultaneous first aid treatment of 2% or 2 passengers wherever they are seated in the aircraft
Whenever, after decompression, the cabin pressure altitude exceeds 8,000 feet
A
The flying machine is capable, at the time when a failure to maintain cabin pressurisation occurs of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 120 within 5 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
.
34
In Schedule 5, paragraph 5, for the heading “Scale R” there shall be substituted the heading “Scale R1”.
35
In Schedule 5, paragraph 5 immediately before Scale S there shall be inserted the following–
Scale R2
In respect of aeroplanes having a maximum total weight authorised exceeding 5700 kg , equipment sufficient to protect the eyes, nose and mouth of all members of the flight crew required to be carried by virtue of article 18 of this Order for a period of not less than 15 minutes and, in addition, where the minimum flight crew required as aforesaid is more than 1 and a cabin attendant is not required to be carried by virtue of article 18 of this Order; portable equipment sufficient to protect the eyes, nose and mouth of one member of the flight crew for a period of not less than 15 minutes.
In respect of aeroplanes having a maximum total weight authorised not exceeding 5700 kg, the equipment specified in (i)(a) of this Scale:
Provided that in the case of such aeroplanes restricted by virtue of the operator’s operations manual to flight at or below flight level 250 and capable of descending as specified at A hereunder such equipment shall be sufficient to protect the eyes only.
In respect of aeroplanes having a maximum total weight authorised exceeding 5700 kg, portable equipment to protect the eyes, nose and mouth of all cabin attendants required to be carried by virtue of article 18 of this Order for a period of not less than 15 minutes.
In respect of aeroplanes having a maximum total weight authorised not exceeding 5700 kg, the equipment specified in (ii)(a) of this Scale:
Provided that this requirement shall not apply to such aeroplanes restricted by virtue of the operator’s operations manual to flight at or below flight level 250 and capable of descending as specified at A hereunder.
A
The aeroplane is capable of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aeroplane, to flight level 100 within 4 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
.
36
In Schedule 9, Part A, in paragraph 1 for the privileges of the Private Pilot’s Licence (Aeroplanes) there shall be substituted the following–
Privileges: The holder of the licence shall be entitled to fly as pilot in command or co-pilot of an aeroplane of any of the types specified or otherwise falling within the aircraft rating included in the licence:
Provided that:–
he shall not fly such an aeroplane for the purpose of public transport or aerial work save as hereinafter provided–
he may fly such an aeroplane for the purpose of aerial work which consists of:–
the giving of instruction in flying, if his licence includes a flying instructor’s rating or an assistant flying instructor’s rating; or
the conducting of flying tests for the purposes of this Order,
in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;
he may fly such an aeroplane for the purpose of aerial work which consists of:–
towing a glider in flight; or
a flight for the purpose of dropping of persons by parachute,
in either case in an aeroplane owned, or operated under arrangements entered into, by a club of which the holder of the licence and any person carried in the aircraft or in any glider towed by the aircraft are members;
he shall not receive any remuneration for his services as a pilot on a flight save that–
if his licence includes at any time between 1st June 1988 and 1st October 1988 (both dates inclusive) a flying instructor’s rating or an assistant flying instructor’s rating he may, prior to 1st June 1991 receive remuneration for the giving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (a)(i) of this proviso; or
if his licence includes a flying instructor’s rating or an assistant flying instructor’s rating by virtue of which he is entitled to give instruction in flying microlight aircraft or self-launching motor gliders he may receive remuneration for the giving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (a)(i) of this proviso in a microlight aircraft or a self-launching motor glider;
he shall not, unless his licence includes an instrument rating (aeroplanes) or an instrument meteorological conditions rating (aeroplanes), fly as a pilot in command of such an aeroplane–
on a flight outside controlled airspace:–
when the flight visibility is less than 1½ nautical miles; or
when any passenger is carried and the aeroplane is flying either above 3,000 feet above mean sea level in Instrument Meteorological Conditions or at or below 3,000 feet above mean sea level in a flight visibility of less than 3 nautical miles;
on a special VFR flight in a control zone in a flight visibility of less than 5 nautical miles except on a route or in an aerodrome traffic zone notified for the purpose of this sub-paragraph;
out of sight of the surface; and
he shall not fly as pilot in command of such an aeroplane at night unless–
his licence includes a night rating (aeroplanes), and
his licence includes an instrument rating (aeroplanes) or he has within the immediately preceding 13 months carried out as pilot in command not less than 5 take-offs and 5 landings at a time when the depression of the centre of the sun was not less than 12 degrees below the horizon.
.
37
In Schedule 9, Part A, in paragraph 1 after the privileges of the Private Pilot’s Licence (Aeroplanes) there shall be inserted the following–
Basic Commercial Pilot’s Licence (Aeroplanes)
Minimum Age — 18 years.
Maximum Period of Validity — 10 years.
Privileges:
1
The holder of the licence shall be entitled to exercise the privileges of a Private Pilot’s Licence (Aeroplanes); and
2
He shall be entitled to fly as pilot in command of an aeroplane of a type specified in Part 1 of the aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever:
Provided that–
a
he shall not fly such an aeroplane on a flight for the purpose of public transport if he has less than 400 hours of flying experience as pilot in command of aeroplanes other than self launching motor gliders or microlight aircraft;
b
he shall not fly such an aeroplane on a flight for the purpose of public transport if its maximum total weight authorised exceeds 2300 kg;
c
he shall not fly such an aeroplane on any scheduled journey;
d
he shall not fly any such aeroplane on a flight for the purpose of public transport except a flight beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome;
e
he shall not fly any such aeroplane on any flight for the purpose of public transport after he attains the age of 60 years unless the aeroplane is fitted with dual controls and carries a second pilot who has not attained the age of 60 years and who holds an appropriate licence under this Order entitling him to act as pilot in command or co-pilot of that aeroplane;
f
he shall not fly such an aeroplane at night, unless–
i
his licence includes a night rating (aeroplanes); and
ii
his licence includes an instrument rating (aeroplanes) or he has within the immediately preceding 13 months carried out as pilot in command not less than 5 take-offs and 5 landings at a time when the depression of the centre of the sun was not less than 12 degrees below the horizon; and
g
he shall not, unless his licence includes an instrument rating (aeroplanes) or an instrument meteorological conditions rating (aeroplanes), fly as pilot in command of such an aeroplane–
i
on a flight outside controlled airspace:–
aa
when the flight visibility is less than 1½ nautical miles; or
bb
when any passenger is carried and the aeroplane is flying either above 3,000 feet above mean sea level in Instrument Meteorological Conditions or at or below 3,000 feet above mean sea level in a flight visibility of less than 3 nautical miles;
ii
on a special VFR flight in a control zone in a flight visibility of less than 5 nautical miles except on a route or in an aerodrome traffic zone notified for the purposes of this sub-paragraph;
iii
out of sight of the surface.
3
He shall be entitled to fly as pilot in command of an aeroplane of a type specified in any flying instructor’s rating or assistant flying instructor’s rating included in the licence on a flight for the purpose of aerial work which consists of the giving of instruction in flying or the conducting of flying tests for the purposes of this Order.
4
He shall be entitled to fly as co-pilot of any aeroplane of a type specified in the aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever, provided that he shall not be entitled to fly as a co-pilot of an aeroplane which is engaged on a flight for the purpose of public transport unless he has more than 400 hours of flying experience as pilot in command of aeroplanes other than self launching gliders and microlight aircraft and the maximum total weight authorised of the aeroplane does not exceed 5700 kg.
5
He shall not at any time after he attains the age of 65 years act as pilot in command or co-pilot of any aeroplane on a flight for the purpose of public transport.
.
38
In Schedule 9, Part A, in paragraph 1 in the privileges of the Commercial Pilot’s Licence (Aeroplanes) in sub-paragraph (2)(b) the words “on which any passenger is carried or give any instruction in flying at night” shall be deleted and for the words “90 days” there shall be substituted “13 months”.
39
In Schedule 9, Part A, in paragraph 1 in the privileges of the Private Pilot’s Licence (Helicopters and Gyroplanes) in sub-paragraph (c) the words “on a flight on which any passenger is carried or give any instruction in flying at night” shall be deleted and for the words “90 days” there shall be substituted “13 months”.
40
In Schedule 9, Part A, in paragraph 1 in the privileges of the Private Pilot’s Licence (Helicopters and Gyroplanes) in sub-paragraph (d) the words “on a flight on which any passenger is carried or instruction in flying is given” shall be deleted and for the words “90 days” there shall be substituted “13 months”.
41
In Schedule 9, Part A, in paragraph 1 in the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) in sub-paragraph (2)(c) the words “on a flight on which any passenger is carried or instruction in flying is given” shall be deleted and for the words “90 days” there shall be substituted “13 months”.
42
In Schedule 9, Part A, in paragraph 1 in the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) in sub-paragraph 2(d) the words “on a flight on which any passenger is carried or instruction in flying is given” shall be deleted and for the words “90 days” there shall be substituted “13 months”.
43
In Schedule 9, Part B, in paragraph 1 for the paragraph relating to the instrument meteorological conditions rating (aeroplanes) there shall be substituted the following–
Instrument Meteorological Conditions Rating (Aeroplanes) shall entitle the holder of a private pilot’s licence (aeroplanes) or a basic commercial pilot’s licence (aeroplanes) to fly as pilot in command of an aeroplane without being subject to the restrictions contained respectively in proviso (c) or 2(g) to the privileges of such licences set out in Part A of this Schedule provided that he shall not fly–
on a special VFR flight in a control zone in a flight visibility of less than 1½ nautical miles;
when the aeroplane is taking off or landing at any place if the flight visibility below cloud is less than 1 nautical mile.
.
44
In Schedule 9, Part B, in paragraph 1 there shall be substituted for the paragraph relating to the night rating (aeroplanes) the following paragraph–
Night Rating (Aeroplanes) shall entitle the holder of a private pilot’s licence (aeroplanes) or a basic commercial pilot’s licence (aeroplanes) to act as pilot in command of an aeroplane at night.
.
45
In Schedule 9, Part B, in paragraph 1 there shall be substituted for the paragraph relating to the night rating (helicopters and gyroplanes) the following paragraph–
Night Rating (Helicopters and Gyroplanes) shall entitle the holder of a private pilot’s licence (helicopters and gyroplanes) to act as pilot in command of a helicopter or gyroplane at night.
.
46
In Schedule 9, Part C, in paragraph 1(a) in the Table, in the column headed “Class of Licence” in Cases B, C, D and E, before the words “Commercial Pilot’s Licence (Aeroplanes)” there shall be inserted the words “Basic Commercial Pilot’s Licence (Aeroplanes)”.
47
In Schedule 9, Part C, in paragraph 1(a) in the Table, in the column headed “Description of Flight” in Case F for the words “article 17(4)” there shall be substituted the words “article 18(4)”.
48
In Schedule 11, Part B, in paragraph 1(5)(b) for the words “in sub-paragraph (a)(i)” there shall be substituted the words “in sub-paragraph (a)”.
49
In Schedule 13 Part A, in the column headed “Article of Order” immediately below “40” there shall be inserted “41” and adjacent thereto in the column headed “Subject matter” there shall be inserted the words “Dropping of persons”.
50
There shall be inserted the following new Schedule 14–
SCHEDULE 14
PARTS OF STRAITS SPECIFIED IN CONNECTION WITH THE FLIGHT OF AIRCRAFT IN TRANSIT OVER UNITED KINGDOM TERRITORIAL WATERS
Article 91A(4)
1
The following parts of the straits named hereafter are hereby specified for the purposes of article 91A(4) of this Order–
a
In the Straits of Dover, the territorial waters adjacent to the United Kingdom which are (i) to the south of a rhumb line joining position 51°08'23" north latitude: 1°23'00" east longitude and position 51°22'41" north latitude: 1°50'06" east longitude, and (ii) to the east of a rhumb line joining position 50°54'33" north latitude: 0°58'05" east longitude and position 50°43'15" north latitude: 0°51'39" east longitude;
b
In the North Channel, the territorial waters adjacent to the United Kingdom which are (i) to the north of a rhumb line joining position 54°13'30" north latitude: 5°39'28" west longitude and position 54°09'02" north latitude: 5°18'07" west longitude, (ii) to the west of a rhumb line joining position 54°26'02" north latitude: 4°51'37" west longitude and position 54°38'01" north latitude: 4°51'16" west longitude, and (iii) to the east of (a) a rhumb line joining position 55°40'24" north latitude: 6°30'59" west longitude and position 55°29'24" north latitude: 6°40'31" west longitude or (b) a rhumb line joining position 55°24'54" north latitude: 6°44'33" west longitude and position 55°10'15" north latitude: 6°44'33" west longitude;
c
In the Fair Isle Channel, the territorial waters adjacent to the United Kingdom which are (i) to the north of a rhumb line joining position 59°10'54" north latitude: 2°01'32" west longitude and position 59°33'27" north latitude: 2°38'35" west longitude, and (ii) to the south of a rhumb line joining position 59°51'06" north latitude: 0°52'10" west longitude and position 59°51'06" north latitude: 1°46'36" west longitude.
2
The parts of each of the Straits specified in paragraph (1) are shown hatched on Charts A, B and C respectively.
Chart A
Chart B
Chart C
G.I. de Deney
Clerk of the Privy Council