text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations 1987 and shall come into force on 4th January 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“administrators”, in relation to a personal pension scheme, means the trustees or, if there are no trustees, the managers (except any trustee or manager who is resident outside the United Kingdom, or which, being a company, does not have its registered office in the United Kingdom), and any person who is resident in the United Kingdom, or which, being a company, has its registered office in the United Kingdom, who or which is authorised to act on behalf of the trustees, or, if there are no trustees, on behalf of the managers;
“appropriate scheme” shall be construed in accordance with Part I of the Act;
“the Board” means the Occupational Pensions Board;
“child benefit” has the same meaning as in the Child Benefit Act 1975 ;
“pensionable age” means, in the case of a man, 65, and in the case of a woman, 60;
“premium” means personal pension protected rights premium;
“scheme” means personal pension scheme;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme;
and other expressions have the same meaning as in the Act.
3
In these Regulations, except in so far as the context otherwise requires, any reference —
a
to a numbered regulation is to the regulation in these regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Manner of calculation and verification of cash equivalents mentioned in section 5(8) and (10)(a)(i) of the Act
2
1
Except in a case to which paragraph (3) applies, the cash equivalent mentioned in section 5(8) of the Act of protected rights (being those rights under a scheme, which has ceased to be an appropriate scheme, whose cash equivalent is to be the amount of a personal pension protected rights premium) shall be calculated and verified —
a
in such manner as may be approved in particular cases by the trustees of the scheme, and
b
by adopting methods consistent with the requirements of Schedule 1 to the Act.
2
Except in a case to which paragraph (3) applies, the cash equivalent mentioned in section 5(10)(a)(i) of a person’s rights (being those rights under a scheme, which has ceased to be an appropriate scheme, whose cash equivalent is to be used to supplement a personal pension protected rights premium) shall be calculated and verified in such manner as may be approved in particular cases by the trustees of the scheme.
3
In a case where the rights under a scheme mentioned in paragraph (1) or (2) fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits, the cash equivalent of those rights shall be calculated and verified —
a
in such manner as may be approved in particular cases by —
i
a Fellow of the Institute of Actuaries, or
ii
a Fellow of the Faculty of Actuaries, or
iii
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees of the scheme in question, as being a proper person to act for the purposes of these regulations in connection with that scheme,
and in this regulation “actuary” means any person such as is referred to in head (i), (ii) or (iii) of this sub-paragraph; and
b
by adopting methods and making assumptions which —
i
if not determined by the trustees of the scheme in question, are notified to them by an actuary, and
ii
are certified by an actuary to the trustees of the scheme as being consistent with “Retirement Benefit Schemes — Transfer Values (GN11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at the date of the calculation, and, in the case of protected rights, as being consistent with the requirements of Schedule 1 to the Act.
Circumstances in which a premium is not payable
3
1
A premium shall not be payable —
a
in a case where the protected rights in question are in respect of an earner who has died and either —
i
the earner is not survived by a qualifying widow or widower, or
ii
the earner is survived by a qualifying widower and the earner or the widower or both were under pensionable age when the earner died;
or
b
in a case where the person in respect of whom it otherwise would be payable is not treated, under section 4 of the Act or under section 29(2) or (2A) of the Social Security Pensions Act 1975, as entitled to any guaranteed minimum pension which derives from the minimum contributions, minimum payments, or transfer payment or payments from which the protected rights in question derive, or is treated as entitled to such a guaranteed minimum pension at a nil rate.
2
In paragraph (1)(a), “qualifying widow or widower” means a widow or widower of the earner who at the date of the earner’s death either —
a
is aged 45 or over; or
b
is entitled to child benefit in respect of a child under 18 who is, or residing with a child under 16 who is —
i
a son or daughter of the widow or widower and the earner, or
ii
a child in respect of whom the earner immediately before his death, was, or would have been if the child had not been absent from Great Britain, entitled to child benefit, or
iii
if the widow or widower and the earner were residing together immediately before the earner’s death, a child in respect of whom the widow or widower then was, or would have been if the child had not been absent from Great Britain, entitled to child benefit.
Liability for payment of a premium
4
1
For the purposes of section 5(7) of the Act (liability to pay a premium to the Secretary of State) the prescribed person is —
a
in a case where the circumstances specified in regulation 6(7)(a) and (c) obtain, the person to whom the cash sum mentioned in regulation 6(7)(c) has been paid; and
b
in any other case, the trustees of the scheme.
2
Where an appropriate scheme ceases to be appropriate, the Board shall certify to the Secretary of State whether or not protected rights under the scheme are subject to approved arrangements as mentioned in section 5 of the Act.
3
Where protected rights which were subject to approved arrangements as mentioned in section 5 of the Act have ceased to be so subject, the Board shall certify to the Secretary of State the date on which those rights ceased to be so subject.
4
Any liability for the payment of a premium which is, by any provision of these regulations, imposed on the trustees of a scheme shall be a liability to make that payment out of the resources of the scheme.
Time for payment of a premium
5
1
Subject to paragraph (3), any premium which is payable shall be paid on or before whichever is the later of the following days —
a
the day 6 months after the day on which the Board certify under regulation 4(2) or (3) that the protected rights in question are not subject to approved arrangements or have ceased to be so subject; and
b
the day one month after the day on which the Secretary of State sends to the person liable to pay the premium a notice certifying that the premium is payable.
2
Subject to paragraph (3), in cases where a premium has become payable by reason of the fact that a scheme has ceased to be appropriate and an earner’s protected rights are, in part only, subject to approved arrangements under section 5 of the Act, the premium shall be paid on or before whichever is the later of the following days —
a
the day 6 months after the day on which the Board certify under regulation 4(2) or (3) that the protected rights in question are, in part only, subject to approved arrangements; and
b
the day one month after the day on which the Secretary of State sends to the person liable to pay the premium a notice certifying that the premium is payable.
3
On application made to him for that purpose the Secretary of State may, in any particular case or class of case, extend the period within which, under paragraph (1) or (2), a premium is required to be paid —
a
by up to 6 months if he is satisfied that the circumstances are such that payment of the premium could not reasonably be required to be made within that period; and
b
by such further period as he considers reasonable if he is satisfied that to require earlier payment of the premium would be prejudicial to the interests of the person in respect of whom the premium is payable or of the generality of members of the scheme.
Miscellaneous provisions affecting premiums
6
1
Subject to paragraphs (3) and (4), where a premium is payable pursuant to certification by the Board to the Secretary of State under regulation 4(2) or (3) the premium shall, for the purpose of extinguishing protected rights and reducing any guaranteed minimum pension to which a person is treated as being entitled, be treated as having been paid, or paid in part in a case to which either paragraphs (6) to (8) apply or paragraph (9) applies, on the date specified in paragraph (2).
2
The date mentioned in paragraph (1) is whichever is the later of —
a
the date on which the scheme ceased to be appropriate; and
b
any date certified by the Board under regulation 4(3) in relation to the rights mentioned in paragraph (1).
3
Where a premium has been treated as paid under paragraph (1), the effect of that paragraph shall, except as provided in paragraph (5), be disregarded if —
a
the Board subsequently approve arrangements for the preservation or transfer of the protected rights; or
b
the person who is liable to pay the premium fails to do so within the period prescribed by regulation 5(1) or (2), or such longer period as the Secretary of State may allow under regulation 5(3).
4
Where by virtue of the operation of paragraphs (1) and (3) in relation to a person entitled to a benefit specified in section 29(1)(a) of the Social Security Pensions Act 1975 an amount of that benefit, as certified by the Secretary of State, was paid to that person which would not otherwise have been paid —
a
the Secretary of State shall be entitled to recover that amount from the scheme and any amount so recovered shall be paid into the National Insurance Fund; and
b
the sums payable under the scheme to that person may be reduced by the amount so recovered by the Secretary of State.
5
Paragraph (3)(b) shall not apply where the Secretary of State is satisfied that the failure to pay was not with the consent or connivance of, or attributable to any negligence on the part of, the person in respect of whom the premium is payable, and where, subject to paragraphs (6) and (8), the scheme, being a scheme which is or has been appropriate, is being or has been wound up.
6
In a case where the circumstances specified in paragraph (7)(a) and either (b) or (c) obtain, the premium in question shall be treated as paid under paragraph (1) only in accordance with the provisions of paragraph (8).
7
The circumstances mentioned in paragraph (6) are that —
a
a premium has become payable in respect of the person in question by reason of the withdrawal by the Board of their approval of, or their inability to give their approval to, arrangements for the preservation or transfer of the protected rights in question under section 5;
b
the scheme is being or has been wound up, its resources are insufficient to meet the cost of that premium, and the Board are satisfied that no arrangements have been made to meet that cost, or, as the case may be, such part of that cost as cannot be met from the resources of the scheme;
c
the scheme has been wound up, and a cash sum in lieu of the protected rights in question has been paid to or for the benefit of the person concerned.
8
In a case to which paragraph (6) applies, where the Secretary of State is satisfied that the part of the premium that the resources of the scheme are sufficient to meet or the amount of the cash sum referred to in paragraph (7)(c) is less than the value of the protected rights in question, such part of the premium as represents, in the opinion of the Secretary of State, the difference between the lesser and greater amounts shall be treated as having been paid.
9
Where a person in respect of whom a premium is payable is a person to whom regulation 4(1)(a) applies and that person pays part only of that premium, that part of the premium shall be treated as having been paid under paragraph (1).
10
Where part of a premium is treated as having been paid under paragraph (1) —
a
section 5(9) of the Act shall be modified so as to have effect as if there were inserted at the end thereof the words “and payment of part of the premium shall operate to extinguish such part of those rights as corresponds, in the opinion of the Secretary of State, to that part of the premium” and section 5(10)(a) shall have effect as if there were substituted for the words “the premium” the words “that part of the premium which has been paid”; and
b
in a case to which paragraph (6) applies, section 5 of the Act shall be modified so as to have effect as if —
i
in subsection (1) there were inserted after the words “protected rights” the words “or part thereof”,
ii
in each of paragraphs (a) and (b) of subsection (4) there were inserted after the words “are not” the words “or are in part only”, and
iii
in subsection (8) there were inserted after the words “in question” the words “to the extent that those rights are not subject to approved arrangements”.
Re-allocation and refund of premium
7
1
Where a premium is wrongly paid, or paid as to the wrong amount, the Secretary of State may treat all or part of that premium as paid (wholly or in part) in discharge of a liability for another premium.
2
Where a premium has been paid in connection with protected rights and another such premium subsequently becomes payable in connection with the same protected rights or protected rights including those rights, the Secretary of State may treat all or part of the first premium as paid (wholly or in part) in discharge of a liability for the second premium.
3
Subject to paragraphs (1) and (2) the Secretary of State shall refund a premium if —
a
that premium was paid in error; or
b
he is satisfied that a transfer of the protected rights will be made in accordance with Schedule 1 to the Act;
and where a premium is refunded under the provisions of this paragraph the protected rights which were extinguished by payment of the premium and the corresponding reduction in any guaranteed minimum pension to which that person or any widow or widower of that person was treated as entitled shall be restored.
4
A refund under paragraph (3) shall be made only if an application is made in writing, in such form as the Secretary of State may reasonably require for the purpose.
5
In paragraph (3) “error” means, and means only, an error which —
a
is made at the time of payment; and
b
relates to some present or past matter.
6
The Secretary of State shall refund a premium if he is satisfied that it ought to be refunded where the person in respect of whom it was paid has died without leaving a widow or widower on or before the later of the days first mentioned in sub-paragraphs (a) and (b) respectively of regulation 5(1) or, as the case may be, regulation 5(2).
Prescribed person and prescribed periods for the purposes of section 5(10)(a) of the Act
8
For the purposes of section 5(10)(a) of the Act —
a
the prescribed person is the Secretary of State;
b
the prescribed period —
i
for the purpose of giving notice to the Secretary of State,
ii
for the purpose of the payment referred to in section 5(10)(a)(i), and
iii
for the purpose of the payment referred to in section 5(10)(a)(ii),
is the period allowed for the payment of the premium under regulation 5.
Signed by Authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1987 and shall come into force on 1st April 1987.
2
The Insurance (Fees) Regulations 1986 are hereby revoked.
3
In these Regulations–
“ the Act ” means the Insurance Companies Act 1982;
“gross premiums receivable” means–
where an insurance company carries on either long term business or general business but not both, the gross amount of premiums receivable in respect of its global business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amount is not required to be included, the amount which would otherwise have been required to be so included;
where an insurance company carries on both long term business and general business, the sum of the gross amounts of premiums receivable in respect of its global long term business and global general business respectively required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
“group” means a body corporate together with–
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“wholly-owned subsidiary” has the meaning given to it by section 736(5) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom.
4
Subject to Regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate:–
Gross premiums receivable Fee
Over £50,000 up to and including £250,000 £250 Over £250,000 up to and including £500,000 £500 Over £500,000 up to and including £750,000 £750 Over £750,000 up to and including £1,000,000 £1,000 Over £1,000,000 up to and including £1,500,000 £3,000 Over £1,500,000 £5,200
5
These Regulations do not apply in the case of an insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £50,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under Regulations 4 and 5 above by all the insurance companies within a group exceeds £36,400 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £36,400.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act, if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under Regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act–
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance;
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 , or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of these cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Secretary of State a fee of £26,000.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s are anything done for or for the purpose of or in connection with–
a
sections 11 to 13, Part II, sections 75 and 78 and Part IV of the Act, including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
proposals for United Kingdom and European Communities legislation.
John Butcher
Parliamentary Under-Secretary of State,
Department of Trade and Industry
5th March 1987


text:
1
These Regulations may be cited as the Rules of the Air and Air Traffic Control (Fourth Amendment) Regulations 1987 and shall come into force on 17th December 1987.
2
The Schedule to the Rules of the Air and Air Traffic Control Regulations 1985 shall be amended as follows: —
1
In rule 5(1)(a)(i) after the words “in the event of failure of a power unit” there shall be inserted the following —
and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within the congested area
.
2
In rule 5(1)(d)(ii), after the words “in the event of the failure of a power unit” there shall be inserted the following —
and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within 3000ft of the assembly
.
3
For rule 9 there shall be substituted the following —
Display of lights by aircraft
9
1
a
By night an aircraft shall display such of the lights specified in these Rules as may be appropriate to the circumstances of the case, and shall not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights.
b
By day an aircraft fitted with an anti-collision light shall display such a light in flight.
2
A flying machine on a United Kingdom aerodrome shall: —
a
display by night either the lights which it would be required to display when flying or the lights specified in rule 11(2)(c) of these Rules unless it is stationary on the apron or part of the aerodrome provided for the maintenance of aircraft;
b
display when stationary on the apron by day or night with engines running a red anti-collision light, if fitted.
3
Notwithstanding the provisions of this section of these Rules the commander of an aircraft may switch off or reduce the intensity of any flashing light fitted to the aircraft if such a light does or is likely to :
a
adversely affect the performance of the duties of any member of the flight crew; or
b
subject an outside observer to unreasonable dazzle.
.
4
For rule 10 there shall be substituted the following —
Failure of navigation and anti-collision lights
10
1
In the United Kingdom, in the event of the failure of any light which is required by these Rules to be displayed at night, if the light cannot be immediately repaired or replaced the aircraft shall not depart from the aerodrome and, if in flight, shall land as soon as in the opinion of the commander of the aircraft it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.
2
In the United Kingdom, in the event of a failure of an anti-collision light when flying by day, an aircraft may continue to fly by day provided that the light is repaired at the earliest practicable opportunity.
.
5
For rule 11(1) there shall be substituted the following —
11
1
A flying machine when flying at night shall display lights as follows : —
a
in the case of a flying machine registered in the United Kingdom having a maximum total weight authorised of more than 5700kg or any other flying machine registered in the United Kingdom which conforms to a type first issued with a type certificate on or after 1st April 1988 the system of lights in paragraph (2)(b) of this rule;
b
in the case of a flying machine registered in the United Kingdom which conforms to a type first issued with a type certificate before 1st April 1988 having a maximum total weight authorised of 5700kg or less, any one of the following systems of lights : —
i
that specified in paragraph (2)(a) of this rule, or that specified in paragraph (2)(b); or
ii
that specified in paragraph (2)(d), excluding sub-paragraph (ii);
c
in the case of any other flying machine one of the systems of lights specified in paragraph (2) of this rule.
.
6
For rule 11(2)(a) there shall be substituted the following —
a
i
a steady green light of at least five candela showing to the starboard side through an angle of 110 degrees from dead ahead in the horizontal plane; and
ii
a steady red light of at least five candela showing to the port side through an angle of 110 degrees from dead ahead in the horizontal plane; and
iii
a steady white light of at least three candela showing through angles of 70 degrees from dead astern to each side in the horizontal plane.
.
7
For rule 15(1) there shall be substituted the following —
1
Except as provided in paragraph (2) of this rule, an airship while flying at night shall display the following lights : —
a
a steady white light of at least five candela showing through angles of 110 degrees from dead ahead to each side in the horizontal plane;
b
a steady green light of at least five candela showing to the starboard side through an angle of 110 degrees from dead ahead in the horizontal plane;
c
a steady red light of at least five candela showing to the port side through an angle of 110 degrees from dead ahead in the horizontal plane;
d
a steady white light of at least five candela showing through angles of 70 degrees from dead astern to each side in the horizontal plane; and
e
an anti-collision light.
.
8
In rule 15(3) for the words “An airship, while moored within the United Kingdom by night, shall display the following lights” shall be substituted the words “An airship, while moored within the United Kingdom by night, shall display the following steady lights”.
9
In rule 21 prior to the words “In relation to flights” there shall be inserted the words “Subject to Rule 21A of these Rules”.
10
After rule 21 there shall be inserted the following new rule —
Flight by gliders in notified airspace
21A
Rule 21 of these Rules shall not apply to the commander of a glider which is flying in controlled airspace notified for the purposes of this rule if the glider is flown in accordance with conditions such as may also be notified for the purposes of this rule in respect of that controlled airspace.
.
11
In Column 1 of the Table to rule 36(1) immediately below “Aberdeen” there shall be inserted “Belfast/Aldergrove” and in Column 2 adjacent thereto there shall be inserted “(3)(a) and (b)”.
12
In rule 50 for the words “article 66(1)(a)(iii)” there shall be substituted the words “article 69(1)(a)(iii)”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
20th October 1987


text:
Title and commencement
1
This Order may be cited as the Urban Development Corporations (Financial Limits) Order 1987 and shall come into force on the day after the day on which it is approved by a resolution of the House of Commons.
Specified financial limit
2
The sum of £800 million is hereby specified as the maximum amount for the purposes of sub-paragraph (1) of paragraph 8 of Schedule 31 to the Local Government, Planning and Land Act 1980.
Nicholas Ridley
Secretary of State for the Environment
28th April 1987


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Allt Sanna, West Ardnamurchan) Water Order 1987 and shall come into force on 7th August 1987.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (Allt Sanna, West Ardnamurchan) Water Order 1987 Plan of Catchment Area” and “The Highland Regional Council (Allt Sanna, West Ardnamurchan) Water Order 1987 Plans & Sections of Works”, one copy of each of which is deposited in the Scottish Office, New St. Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purpose of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water within their limits of supply when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order the Council may, for the purposes of the undertaking and by means of an intake (part of Work No. 2), take water from the stream known as Allt Sanna in the Lochaber District in the Highland Region.
5
1
During the construction of the works the Council may take from the said Allt Sannasuch water as they may require for such construction.
2
After the completion of the works the Council shall not —
a
take any water from the said Allt Sanna so as to reduce the rate of flow therein below 500 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 2);
b
in any one day take from the said Allt Sanna a quantity of water greater than 70 cubic metres as measured through or over an approved gauge (part of Work No. 2).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and one copy of each of the deposited plans.
Alasdair Paton
Deputy Chief Engineer,Scottish Office
New St. Andrew’s House,
Edinburgh
31st July 1987


text:
Citation, interpretation and commencement
1
1
This Scheme, which may be cited as the Workmen’s Compensation (Supplementation) Amendment (No. 2) Scheme 1987, shall be read as one with the Workmen’s Compensation (Supplementation) Scheme 1982 (hereinafter referred to as “the principal Scheme”) and shall come into force on 8th April 1987.
2
In this Scheme, “the operative date” means 8th April 1987.
Amendment of article 5 of the principal scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the date “30th July 1986” the date “8th April 1987”.
Substitution of Schedule 1 to the principal scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
The provision of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled from the operative date to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made before the operative date
5
1
The provisions of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall —
a
in so far as it relates to the period from 30th July 1986 to 7th April 1987 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and
b
in so far as it relates to a period before 30th July 1986 be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
1
The provision of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Services.
Nicholas Lyell
Parliamentary Under-Secretary of State,
Department of Health and Social Security
11th March 1987
We consent,
Tim Sainsbury
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1987


text:
Citation and operation
1
These Regulations may be cited as the Education (Training Grants) Regulations 1987 and shall come into force on 1st March 1987.
Interpretation
2
1
In these Regulations —
“authority” means a local education authority;
“determine” means determine by notice in writing;
“eligible training” means training of a kind mentioned in regulation 4;
“expenditure” means expenditure of a kind mentioned in regulation 5;
“expenditure incurred by an authority” includes expenditure incurred —
by the governors of an aided school,
by the persons responsible for the maintenance of a further education establishment, or
by persons employing youth and community workers
and reimbursed by the authority;
“further education establishment” means a further education establishment provided by an authority or designated by or under regulations made under section 27 of the Education Act 1980 as an establishment substantially dependent for its maintenance on assistance from local education authorities;
“grant” means a grant in pursuance of these Regulations;
“higher rate” means 70 per cent;
“lower rate” means 50 per cent;
“qualified teacher” means a person who, in pursuance of the regulations relating to the employment of teachers from time to time in force under section 27 of the Education Act 1980, is qualified to be employed as a teacher at a school to which that section applies;
“trainee” means a person undergoing eligible training in respect of whom grant is payable under these Regulations; and
“training in a national priority area” means eligible training of a kind approved by the Secretary of State for the purpose of these Regulations as training eligible for grant at the higher rate.
2
In these Regulations a reference to a regulation is a reference to a regulation contained therein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Employment connected with leisure-time facilities
3
All categories of employment connected with leisure-time facilities, excluding those of a solely administrative, secretarial, clerical or manual nature, are hereby prescribed for the purpose of the definition of “youth and community worker” in section 50(4) of the Education (No. 2) Act 1986.
Grants by the Secretary of State
4
The Secretary of State is hereby authorised, subject to and in accordance with these Regulations, to make grants to authorities to facilitate and encourage —
a
the further training as teachers of qualified teachers, whether or not they are employed as such;
b
the training or further training as teachers of persons other than qualified teachers who are employed as teachers by an authority, by the governors of an aided school or by the persons responsible for the maintenance of a further education establishment;
c
the training of qualified teachers (whether or not they are employed as such) and other persons who are employed as teachers by an authority, by the governors of an aided school or by the persons responsible for the maintenance of a further education establishment as —
i
youth and community workers;
ii
educational psychologists;
iii
education authority inspectors;
iv
education advisers;
d
the training or further training of those employed —
i
as youth and community workers;
ii
as educational psychologists;
iii
as education authority inspectors;
iv
by an authority as education advisers.
Expenditure in respect of which grants are payable
5
Grants shall be payable only in respect of expenditure incurred by an authority on or after 1st April 1987 on —
a
tuition fees, examination fees and residential and other charges payable in respect of eligible training;
b
travelling, subsistence and other incidental expenses of a trainee;
c
that part of the remuneration of persons whose employment is necessary to free the trainee for training which relates to the period during which their employment is so necessary;
d
the cost of providing (including the provision of premises), planning, co-ordinating, monitoring and evaluating eligible training:
Provided that where such costs are incurred for such purposes and for other purposes grant shall be payable only on such proportion of those costs as is attributable to the provision, planning, co-ordinating, monitoring or evaluation of eligible training.
Conditions for payment of grant
6
It shall be a condition for the payment of grant to any authority that the authority shall have submitted to the Secretary of State proposals for expenditure to be incurred by them on eligible training —
a
in such form,
b
at such time,
c
containing such particulars of expenditure which the authority proposes to incur on training in each national priority area (including such training on which the authority does not propose to claim grant), and
d
containing such particulars of expenditure which the authority proposes to incur in respect of such other eligible training (including such training on which the authority does not propose to claim grant)
as the Secretary of State may determine.
7
1
The Secretary of State shall notify the authority in writing of —
a
the maximum amount of expenditure to be incurred by the authority on training in each national priority area that will, subject to regulation 9, be eligible for grant at the higher rate, and
b
the maximum amount of expenditure to be incurred by the authority on eligible training that will be eligible for grant at the lower rate
which maximum amount may, in any case, be nil.
2
Where it appears to the Secretary of State that an authority does not expect to incur expenditure up to, or wishes to incur expenditure in excess of, a maximum amount notified under paragraph (1) the Secretary of State may, after consulting the authority, by notice in writing to the authority reduce or increase the maximum amount of expenditure so notified. A notice given under this paragraph shall, for the purposes of these Regulations, be deemed to be a notice of the maximum amount of expenditure to be incurred by the authority on training in the national priority area concerned under paragraph (1)(a) or on eligible training under paragraph (1)(b), as the case may be.
8
1
Grant at the higher rate shall, subject to regulation 9, be payable on any expenditure incurred by an authority on training in a national priority area up to the maximum amount for such expenditure notified for that area under regulation 7(1)(a).
2
Grant at the lower rate shall be payable on expenditure incurred by an authority on eligible training up to the maximum amount for such expenditure notified under regulation 7(1)(b).
9
1
Where an authority incurs expenditure on training in a national priority area in excess of the maximum notified for that area under regulation 7(1)(a), then, if that authority has incurred, on training in such other national priority areas as may be determined by the Secretary of State for this purpose before or at the time of making such notification, expenditure less than the maximum so notified, grant on that excess expenditure shall be payable at the higher rate up to the aggregate amount of the shortfall of expenditure in those other areas, subject to a limit in respect of each other area of 10% of the maximum amount so notified for that area.
2
Any expenditure incurred by an authority on training in a national priority area not eligible for grant at the higher rate under regulation 8(1) or paragraph (1) shall be eligible for grant at the lower rate to the extent that the expenditure can be accommodated within the maximum notified under regulation 7(1)(b).
10
1
No payment of grant shall be made except in response to a claim in writing from an authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Claims for the payment of grant shall relate to expenditure over one or more quarters.
3
Claims which relate to expenditure during the quarters commencing on 1st April, 1st July and 1st October in any year shall specify the expenditure in respect of which grant is claimed which it is estimated has been or will be incurred by the authority during that quarter and shall be accompanied by an estimate of expenditure which the authority expects to incur in the remainder of the financial year.
4
Each authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall, during the quarter commencing on 1st April or as soon as practicable thereafter —
a
submit to the Secretary of State a claim which shall specify the expenditure in respect of which grant has been or is being claimed which has been incurred by the authority during that year; and
b
secure the submission to the Secretary of State of a certificate, signed by the auditor appointed by the Audit Commission to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5) and (6) of the Local Government Finance Act 1982 , certifying that in his opinion the particulars stated in the claim submitted by the authority pursuant to this paragraph are fairly stated and that grant at the rate claimed is properly payable pursuant to these Regulations.
5
No payment of grant shall be made in respect of expenditure by an authority incurred in the quarter beginning on 1st October in any year or any subsequent quarter, if grant was paid to the authority in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not received the auditor`s certificate referred to in paragraph (4) for that year.
6
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor`s certificate referred to in paragraph (4) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the authority, be adjusted by payment between the authority and the Secretary of State.
7
In this regulation, a “quarter” means a period of three calendar months commencing on 1st January, 1st April, 1st July or 1st October in any year.
11
Any authority to whom a payment of grant has been made shall, if so requested by the Secretary of State, furnish him with such further information as may be determined by him to enable him to verify that any grant paid has been properly paid under these Regulations.
Further Conditions and Requests
12
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of these Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have been fulfilled.
3
The Secretary of State may from time to time after consulting the authority concerned determine further requests with which any authority to whom a payment has been made in pursuance of these Regulations shall comply.
Revocation and Transitional Provisions
13
The Education (Grants for Teacher Training) (No. 2) Regulations 1985 are hereby revoked but nothing in this revocation shall prevent the Secretary of State making payments of grant in respect of training to which those regulations applied carried out on or before 31st March 1987.
Angela Rumbold
Minister of State
Department of Education and Science
26th January 1987


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 operation.
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 under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2-SWM37 marked “The Bath to West of Southampton Trunk Road A36 (Beckington Bypass) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means “the Bath to West of Southampton Trunk Road A36”.
5
This Order shall come into force on 8th January 1988 and may be cited as “the Bath to West of Southampton Trunk Road A36 (Beckington Bypass) Order 1987”.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
27th November 1987


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) (No. 2) Amendment No. 5 Order 1987 and shall come into force on 28th September 1987.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) (No. 2) Order 1986 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from such a sheep,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 21st December 1986 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
d
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or with a green mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th September 1987.
Donald Thompson
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Safety of Sports Grounds Regulations 1987 and shall come into force on 1st January 1988.
2
These Regulations do not extend to the Isles of Scilly.
Revocation
2
The Safety of Sports Grounds Regulations 1976( ), the Safety of Sports Grounds (Scotland) Regulations 1976( ) and the Safety of Sports Grounds (Amendment) Regulations 1986( ) are hereby revoked, except for the purposes of any appeal to which paragraph 6 of Schedule 5 to the Fire Safety and Safety of Places of Sport Act 1987 (transitional provisions as respects appeals about safety certificates)( ) applies.
Interpretation
3
For the purposes of these Regulations “the 1975 Act ” means the Safety of Sports Grounds Act 1975.
Applications
4
1
An application for a safety certificate shall be in the form contained in the Schedule to these Regulations or a form to the like effect.
2
An application for the amendment, replacement or transfer of a safety certificate shall be made in writing and any such application shall set out the names and addresses of any persons who to the applicant’s knowledge will or may be concerned in ensuring compliance with the terms and conditions of the safety certificate as amended, replaced or transferred.
Notices by local authority
5
1
As soon as practicable after a local authority have decided —
a
to issue a safety certificate (including an issue by way of replacement of a safety certificate); or
b
to amend a safety certificate; or
c
to refuse to amend or replace a safety certificate,
they shall serve on every interested party notice in writing of their decision setting out the information referred to in paragraph (4) below, together, in the case of a refusal, with their reasons for it.
2
Where on an application for a special safety certificate a local authority have determined to refuse that application on grounds other than the one referred to in section 5(1) of the 1975 Act, they shall as soon as practicable after that refusal serve on the applicant notice in writing of their decision, together with their reasons for it.
3
Where on an application for the transfer of a safety certificate a local authority —
a
determine that the person to whom it is proposed to transfer the certificate is not a qualified person, they shall, in addition to the notice referred to in section 5(1) of the 1975 Act, serve on the holder of the certificate a copy of that notice;
b
determine that the person to whom it is proposed to transfer the certificate is a qualified person but decide not to transfer the certificate, they shall serve on that person and the holder of the certificate notice in writing of their decision together with their reasons for it.
4
A notice served under paragraph (1) above shall state that a copy of the safety certificate and a copy of any application in respect of which the local authority’s decision was taken is available for inspection at a place and at the times specified in the notice.
5
A soon as may be after the decision referred to in paragraph (1) above, the local authority shall cause to be published in a newspaper circulating in the locality of the sports ground to which the safety certificate relates a notice setting out that decision and the information referred to in paragraph (4) above.
6
In this regulation “interested party” means —
a
the holder of a safety certificate whose application to have it amended or replaced has been refused;
b
any other person known to the local authority to be or likely to be concerned in ensuring compliance with the terms and conditions of the safety certificate;
c
the chief officer of police; and
d
where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case, the building authority.
Appeals under section 5 of the 1975 Act
6
1
An appeal under section 5 of the 1975 Act( ) shall be brought (in accordance with subsection (3A) or, as the case may be, subsection (3B) of section 5 of that Act( )) in the case of an appeal in respect of —
a
a general safety certificate, not later than twenty-eight days, and
b
a special safety certificate, not later than seven days,
after the relevant date.
2
In paragraph (1) above “relevant date” means —
a
in the case of a person to whom a safety certificate is issued, the date of the receipt by him of that certificate;
b
in the case of a person on whom a notice is served under section 4(1) (a) or 5(1) of the 1975 Act or regulation 5(1), (2) or (3) above, the date of the receipt by him of that notice; and
c
in the case of any other person, the date of the publication of the notice required by regulation 5(5) above.
Appeals under section 10A of the 1975 Act
7
1
An appeal by an aggrieved person against a prohibition notice under section 10A(1) of the 1975 Act( ) shall be brought (in accordance with subsection (3) or, as the case may be, subsection (4) of section 10A of that Act) not later than twenty-one days after the day on which the notice was served on him under section 10(1) of the 1975 Act( ).
2
An appeal by an aggrieved person against an amendment to a prohibition notice under section 10A(1) of the 1975 Act (as extended by section 10A(2) of that Act) shall be brought (in accordance with subsection (3) or, as the case may be, subsection (4) of section 10A of that Act) not later than twenty-one days after the day on which the notice amending the prohibition notice was served on him under section 10(9) of the 1975 Act.
Fees
8
A local authority may determine the fee to be charged in respect of an application for the issue, amendment, replacement or transfer of a safety certificate but such a fee shall not exceed an amount commensurate with the work actually and reasonably done by or on behalf of the local authority in respect of the application.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
16th November 1987


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Breadalbane) Designation Order 1987 and shall come into force on 7th May 1987.
Interpretation
2
1
In this Order–
“adjusted hectares” means the total number of hectares of enclosed land plus one sixth of the total number of hectares of other agricultural land included in any farm business;
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“conservation plan” means a layout plan of the farm and an attached statement identifying relevant land and conservation features and setting out, as appropriate, details of how the requirements in the agreement will be implemented on the farm;
“enclosed land” means agricultural land enclosed by fences, hedges, walls or dykes for the closely controlled grazing of livestock, cropping or the maintenance of farm woodland;
“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;
“farm woodland” means woodland on agricultural land the use of which is ancillary to the farm business;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State;
“livestock unit” means–
1 cow, or
1.25 bulls or other bovine animals over 2 years old, or
1.6 bovine animals from 1 year to 2 years old inclusive, or
2.5 bovine animals less than 1 year old, or
6.66 sheep;
“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946 ;
“open rough grazings” means heathland or moorland, which is not enclosed land, used for grazing purposes;
“unimproved enclosed pasture” means enclosed land used for grazing which has not been tilled for cropping or reseeded and which has not previously been treated with a significant amount of artificial or mineral fertiliser or lime;
“wetland” or “marsh” means any ground which is normally saturated with water.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area that area of land partly within the Perth and Kinross District of Tayside Region and partly within the Stirling District of Central Region, known as Breadalbane and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area - Breadalbane” dated 27th March 1987 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration (Scotland) Act 1894 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be either at the rate of £15 per annum per hectare of enclosed land, with an additional payment of £2.50 per annum for each hectare of other land to which the agreement relates, or at the rate of £1,500 per annum per individual farm business, whichever is the lower.
2
Payments in respect of farm businesses, comprising no more than 16 adjusted hectares of land to which an agreement relates, shall be at the rate of £240 per annum per farm business.
7
Where an agreement identifies expenditure required to undertake additional farming operations specified in paragraph 17(b) of the Schedule to this Order, the Secretary of State shall make additional payments according to the farming operations to be carried out. Such payments shall be at a rate to be determined by the Secretary of State, up to a maximum of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £3,000 per annum per individual farm business, whichever is the lower.
John J. MacKay
Parliamentary Under Secretary of State,Scottish Office
New St. Andrew’s House,
Edinburgh
27th March 1987
We consent,
Peter Lloyd
Tim Sainsbury
Two of the Lords Commissioners of Her Majesty’s Treasury
1st April 1987


text:
1
This Order may be cited as the Customs Duties (ECSC) ( No. 2) (Amendment No. 10) Order 1987 and shall come into force on 25th October 1987.
2
Up to and including 31st December 1987, article 6(1) of the Customs Duties (ECSC) (No. 2) Order 1985 (which exempts from duty goods to which that Order applies originating in certain countries) shall not apply to goods which fall within heading 73.13 which originate in Yugoslavia.
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Transfer Values) Amendment Regulations 1987 and shall come into force —
a
for the purposes of regulations 1 and 2(5), on 27th July 1987;
b
for all other purposes on 6th April 1988.
2
In these Regulations “the principal Regulations ” means the Occupational Pension Schemes (Transfer Values) Regulations 1985 .
Amendments of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the provisions of paragraphs (2) to (5) of this regulation.
2
In regulation 1(2) (interpretation) —
a
at the beginning there shall be inserted the following definition —
“actual service” has the meaning given to that expression by paragraph 3(2) of Schedule 16 to the Social Security Act 1973;
;
b
after the definition of “member” there shall be inserted the following definitions —
“personal pension scheme” has the meaning given to that expression by section 84(1) of the Social Security Act 1986;
q25“protected rights” has the meaning given to that expression by Schedule 1 to the Social Security Act 1986 as modified by section 32(2B);
; and
c
for the definition of “scheme”, there shall be substituted the following definition —
“scheme”, except in the expression “personal pension scheme”, means occupational pension scheme
.
3
In regulation 2(1) —
a
after “paragraph 13(2)(a)” there shall be inserted “(cash equivalent of member’s rights in a scheme to be used for acquiring transfer credits or rights under another scheme or personal pension scheme)”;
b
for sub-paragraph (a) there shall be substituted the following sub-paragraphs —
a
if the member’s cash equivalent such as is mentioned in paragraph 12(1) (or any portion of it to be used under paragraph 13(2)(a)) is or includes the cash equivalent of his accrued rights to guaranteed minimum pensions under a scheme, then the scheme or personal pension scheme under whose rules transfer credits or rights are acquired is one to which those accrued rights may be transferred, or to which a transfer payment in respect of those accrued rights may be made, in accordance with regulation 2 or 2B, as the case may be, of the Contracting-out (Transfer) Regulations 1985, as amended by the Contracting-out (Transfer) Amendment Regulations 1987;
aa
if the member’s cash equivalent such as is mentioned in paragraph 12(1) (or any portion of it to be used under paragraph 13(2)(a)) is or includes the cash equivalent of his protected rights, then the scheme or personal pension scheme under whose rules transfer credits or rights are to be acquired is one to which a transfer payment in respect of protected rights may be made in accordance with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987;
; and
c
in sub-paragraph (b) —
i
after “the scheme from which rights are transferred” there shall be inserted “or from which a transfer payment is made”, and
ii
for “the scheme to which rights are transferred” there shall be substituted “the scheme or personal pension scheme to which rights are transferred or to which a transfer payment in respect of rights is made”.
4
After regulation 2 there shall be inserted the following regulations —
Reduction of the cash equivalent specified in paragraph 12(1)
2A
1
For the purposes of paragraph 12(2A), where a member continues in employment to which a scheme applies after his pensionable service in that employment terminates and —
a
his pensionable service terminated at his request; and
b
the relevant date is the date when his pensionable service terminated, or where the relevant date is the date of the relevant application his pensionable service, but for that request, would have continued until that date,
he acquires a right to the cash equivalent of only that part of the benefits specified in paragraph 12(1) which is specified in paragraph (2) below.
2
The part referred to in paragraph (1) above is —
a
where the benefits are money purchase benefits, such part of them as has accrued to or in respect of him after 5th April 1988; and
b
in any other case —
i
where the benefits have accrued to or in respect of him as a result of his actual service, the same proportion of them as his actual service after 5th April 1988 bears to his total actual service,
ii
where the benefits have accrued to or in respect of him as a result of service notionally attributed to him, or service treated by scheme rules as being longer or shorter than it actually is, such part of them as was credited to him after 5th April 1988, and
iii
where heads (i) and (ii) above both apply, the aggregate of the benefits derived separately under each of those heads.
Treatment of a number of employments as single employment
2B
For the purposes of paragraph 12(2A), where a member’s employment to which a scheme applies terminates but that member enters again into employment to which that scheme applies, then, if there is between those 2 employments —
a
an interval not exceeding one month; or
b
an interval of any length if the second of the employments results from the exercise of a right to return to work under section 45(1) of the Employment Protection (Consolidation) Act 1978 (right to return to work following pregnancy or confinement),
they shall be treated as a single employment.
.
5
In regulation 3(2)(b)(ii) for “issued on 18th December 1985”, there shall be substituted “current at the date of the calculation”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 3) Regulations 1987 and shall come into force on 1st January 1988.
Revocations
2
Regulation 12(a) of the Value Added Tax (General) Regulations 1985 (Amendment) Regulations 1985 and regulation 4 of the Value Added Tax (General) (Amendment) Regulations 1986 are revoked.
3
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with the following provisions of these Regulations.
4
In regulation 4 —
a
in paragraph (1), for the reference to “paragraph 3 or 4 of Schedule 1” there shall be substituted a reference to “paragraph 3(1) or 4(1) of Schedule 1” and for the reference to “paragraph 5 or 11(1)(b) of the said Schedule” there shall be substituted a reference to “paragraph 5, 11(1)(b) or 11A of the said Schedule”.
b
in paragraph (3), in the reference to “paragraph 7, 8, 9 or 10 of Schedule 1” there shall be deleted the reference to “paragraph 8” and for the reference to “21 days” there shall be substituted a reference to “30 days”.
c
for paragraph (4), there shall be substituted the following:
4
Every notification by a registered person under paragraph 7 of Schedule 1 to the Act shall be made in writing to the Commissioners stating the date upon which he ceased to make taxable supplies.
.
d
for paragraph (6), there shall be substituted the following:
6
An application under paragraph (5) of this regulation shall constitute notification under paragraph 7 of Schedule 1 to the Act, or a request under paragraph 9 of Schedule 1 to the Act.
.
5
Regulations 5, 6 and 7 are revoked.
6
For regulation 8, there shall be substituted the following:
8
Where a person registered under paragraph 5 or 11(1)(b) of Schedule 1 to the Act no longer intends to make taxable supplies in the course or furtherance of his business he shall notify that matter to the Commissioners within 30 days of forming that intention.
.
7
In regulation 45(d), after the words “zero-rating provisions” there shall be inserted the words “of subsections (6) and (7) of section 16”.
8
In regulation 46(a), for the words “taxable person” there shall be substituted the words “taxable person importing the goods in the course of his business”.
9
In regulation 58 —
a
for paragraph (3), there shall be substituted the following:
3
Save as the Commissioners may otherwise allow, where for the purposes of this Part of these Regulations the Commissioners have made a requirement of any person pursuant to regulation 63 —
a
then the period in respect of which taxable supplies were being made by the person who died or became incapacitated shall end on the day previous to the date when death or incapacity took place; and
b
a return made on his behalf shall be furnished in respect of that period no later than the last day of the month next following the end of that period; and
c
the next period shall start on the day following the aforesaid period and it shall end, and all subsequent periods shall begin and end, on the dates previously determined under regulation 58(1).
.
b
in paragraph 4(c), after the reference to “paragraph 11(1)(b)” insert “paragraph 11A”.
10
In regulation 62 —
for paragraph (1), there shall be substituted the following:
1
Subject to paragraph (1A) of this regulation and save as the Commissioners may otherwise allow or direct either generally or specially, a person claiming deduction of input tax under section 14(2) of the Act shall do so on the return furnished by him for the prescribed accounting period in which the tax became chargeable.
1A
At the time of claiming deduction of input tax in accordance with paragraph (1) of this regulation, a person shall, if the claim is in respect of —
a
a supply from another taxable person, hold the document which is required to be provided under regulation 12;
b
a supply under section 7(1) of the Act, hold the relative invoice from the supplier;
c
an importation of goods, hold a document showing the claimant as importer, consignee or owner and showing the amount of tax charged on the goods and authenticated or issued by the proper officer; or
d
goods which have been removed from warehouse, hold a document authenticated or issued by the proper officer showing the claimant’s particulars and the amount of tax charged on the goods;
Provided that where the Commissioners so direct, either generally or in relation to particular cases or classes of cases, a claimant shall hold, instead of the document or invoice (as the case may require) specified in sub-paragraph (a), (b), (c) or (d) above, such other documentary evidence of the charge to tax as the Commissioners may direct.
.
11
In regulation 65 —
for paragraph (1), there shall be substituted the following:
1
If upon written demand a person neglects or refuses to pay tax, or any amount recoverable as if it were tax, which he is required to pay under the Act or any regulation made thereunder, a Collector or an officer of rank not below that of Senior Executive Officer may distrain on the goods and chattels of that person and by warrant signed by him direct any authorised person to levy such distress, provided that where an amount of tax is due under paragraph 4(9) of Schedule 7 to the Act (other than an amount assessed as due under paragraph 4(1) of the said Schedule upon failure by a person to make a return) no distress shall be levied until 30 days after that amount became due.
.
12
In the Schedule to the Regulations —
a
for the form numbered 1 there shall be substituted the form numbered 1 in the Schedule hereto; and
b
for the form numbered 3 there shall be substituted the form numbered 3 in the Schedule hereto.
Peter Jefferson Smith
Commissioner of Customs and Excise
King’s Beam House Mark Lane LONDON EC3R 7HE
11th November 1987


text:
Title, commencement and interpretation
1
1
This order may be cited as the New Valuation Lists (Time and Class of Hereditaments) Order 1987 and shall come into force on 28th April 1987.
2
In this order —
“ the Act ” means the General Rate Act 1967;
“new valuation lists” means any lists coming into force on 1st April 1990;
“private garage” means a building having a Boor area not exceeding 25 square metres which is used wholly or mainly for the accommodation of a motor vehicle (and for this purpose “building” includes part of a building); and
“private storage premises” means a hereditament which is used wholly in connection with a dwelling house or dwelling houses and wholly or mainly for the storage of articles of domestic use (including bicycles and similar vehicles) belonging to persons residing there.
Specification of class of hereditaments
2
1
All hereditaments other than dwelling houses, private garages, and private storage premises are specified hereditaments in relation to any new valuation lists.
2
For the purposes of paragraph (1), where the whole or substantially the whole of a hereditament is used for the letting of rooms singly for residential purposes, then notwithstanding the provisions of paragraph 2 of Schedule 13 to the Act, that hereditament shall be deemed to be a dwelling house.
3
For the purposes of paragraph (1), a hereditament that is not in use shall be treated as a dwelling house, a private garage or private storage premises if it appears that, when next in use, it will be a hereditament of that description.
Specification of time
3
1st April 1988 is the time by reference to which a net annual value is to be ascribed in any new valuation lists to hereditaments of the class specified by article 2.
Nicholas Ridley
Secretary of State for the Environment
31st March 1987


text:
Citation and commencement
1
These Regulations may be cited as the Public Passenger Vehicles (Exemptions, and Appeals against Refusals to Issue Certificates or Remove Prohibitions) Regulations 1987 and shall come into force on 5th August 1987.
Interpretation
2
In these Regulations —
“the 1981 Act ” means the Public Passenger Vehicles Act 1981;
“prohibition” means a prohibition under section 9(1) of the 1981 Act;
“public service vehicle examiner” has the same meaning as in sections 7 to 9 of the 1981 Act;
“referee” has the same meaning as in section 51(2) of the 1981 Act.
Exemptions from section 9(9) of the 1981 Act
3
1
The following cases are prescribed for the purposes of section 9(9) of the 1981 Act (which makes it an offence to drive, or cause or permit to be driven, a public service vehicle or other large passenger vehicle in contravention of a prohibition) —
a
the case of a vehicle being driven on a road solely for the purpose of submitting it by previous arrangement with a certifying officer or public service vehicle examiner at a specified time on a specified date for him to test the vehicle to ascertain whether or not he can remove a prohibition; and
b
subject to paragraph (2) of this regulation, the case of a vehicle being driven on a road solely for the purpose of testing whether or not repairs which have been carried out as a result of a prohibition are likely to enable a certifying officer or public service vehicle examiner to remove the prohibition.
2
The exemption given in paragraph (1)(b) of this regulation shall not apply to enable a vehicle to be driven on a road by a person other than a certifying officer or public service vehicle examiner at a distance greater than three miles, measured in a straight line, from the place where the repairs have been carried out.
Application of regulations 5 and 6
4
Regulations 5 and 6 apply to appeals to the Secretary of State under subsections (1) (refusal of a certifying officer to issue a certificate under section 6 or section 10 of the 1981 Act) and (2) (refusal of a referee to remove a prohibition under section 9(1) of the 1981 Act) of section 51 of the 1981 Act.
Prescribed time for appeal
5
1
Every appeal under subsection (1) of section 51 of the 1981 Act shall be made within 28 days of the date on which the certifying officer refused to issue the certificate in question.
2
Every appeal under subsection (2) of that section shall be made within 14 days of the date on which the referee refused to remove the prohibition in question.
Prescribed manner of appeal
6
Every appeal to which regulations 5 and 6 apply shall —
a
be made in writing; and
b
contain a statement of the grounds on which it is made,
and shall be lodged at the Public Service Vehicle Centre, Welcombe House, 91 — 92 The Strand, Swansea, West Glamorgan SA1 2DH.
Revocation
7
Regulation 56 of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 and the Public Service Vehicles (Exemptions from Prohibitions) Regulations 1981 are hereby revoked.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
3rd July 1987


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1986 (Commencement No. 8) Order 1987.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1986.
Appointed days
2
1
The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Part I of the Schedule to this Order, so far as they relate to housing benefit, is–
a
in a case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, 1st April 1988;
b
in a case where payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof, 1st April 1988;
c
in any other case, 4th April 1988.
2
The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Part II of the Schedule to this Order is 11th April 1988.
Revocation
3
In the Social Security Act 1986 (Commencement No. 7) Order 1987 , article 2(2) (child benefit claims and payments), article 2(3) (abolition of industrial death benefit), and the commencement in the Schedule to that Order of the repeal in Schedule 11 of sections 67, 68 and 70 to 75 of, and Schedule 9 to, the Social Security Act 1975 and section 86(2) so far as it relates to the repeal of those sections and Schedule, are hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State
Department of Health and Social Security
23rd October 1987


text:
Title, extent and commencement
1
These Regulations, which extend to Great Britain, may be cited as the Olive Oil (Marketing Standards) Regulations 1987 and shall come into force on 1st November 1987.
Interpretation
2
1
In these Regulations —
“the Council Regulation” means Regulation No. 136166/ EEC of the Council on the establishment of a common organisation of the market in oils and fats as amended in particular by Council Regulation (EEC) No. 1915/87 ;
“enforcement authority” shall be construed in accordance with regulation 3 of these Regulations;
“oil” means any of the descriptions of olive oils and olive-pomace oils referred to in Article 35 of the Council Regulation and described in the Annex to that Regulation.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the Council Regulation.
3
References in these Regulations to the sale of oil by a person include references to his offering or exposing oil for sale and to his having oil in his possession for sale, and references to cognate expressions shall be construed accordingly.
Enforcement
3
These Regulations shall be enforced —
a
in relation to imports, in England and Wales by the relevant port health authority, and in Scotland by a district or islands council within the meaning of section 26 of the Food and Drugs (Scotland) Act 1956 ;
b
at the retail stage, by the food and drugs authority as defined as respects England and Wales in section 71 of the Food Act 1984 , and as respects Scotland by the above-mentioned district or islands councils;
c
at all other stages, in England by the Minister of Agriculture, Fisheries and Food and in Scotland and Wales by the Secretary of State.
Offences relating to the marketing of oil
4
1
Subject to paragraph (2) of this regulation, a person who in selling any oil contravenes Article 35.1 of the Council Regulation (which provides that certain descriptions and definitions of oil shall, in relation to the marketing of oil, be compulsory) as read with the Annex thereto commits an offence under this regulation.
2
Before 1st January 1990 it shall not be an offence under this regulation —
a
in relation to sale in Great Britain, to use a description or definition of oil which is in commercial use in the United Kingdom immediately before these Regulations come into force, or
b
in relation to the sale of oil referred to in point 3 of that Annex, being oil which is intended for export from the United Kingdom, to use the description “pure olive oil”.
3
A person who sells by retail any oil other than oil referred to in points 1(a) and (b), 3 and 6 of the Annex to the Council Regulation in contravention of Article 35.2 of that Regulation (which provides that only oil satisfying certain definitions shall be marketed at the retail stage) as read with that Annex commits an offence under this regulation.
4
Where the commission by any person of an offence under this regulation is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
5
In proceedings against any person for an offence under this regulation it shall be a defence for that person to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
6
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding £2,000.
Powers of authorised officers of enforcement authorities
5
1
For the purpose of enforcing these Regulations an authorised officer of an enforcement authority, on producing, if so required, some duly authenticated document showing his authority, may —
a
at all reasonable times enter any premises (other than premises used only as a dwelling) on which he reasonably suspects, that oil is being, or has been, sold; and
b
inspect and take samples of oil and inspect and remove any container of oil found on the premises.
2
Any person who intentionally obstructs an authorised officer of an enforcement authority acting in pursuance of these Regulations shall be guilty of an offence under this regulation and shall be liable on summary conviction to a fine not exceeding £400.
Offences by bodies corporate
6
Where an offence under any provision of these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th October 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
5th October 1987


text:
Citation and commencement
1
This Order may be cited as the Special Hospital Boards (Amendment of Constitution) Order 1987 and shall come into force on 13th March 1987.
Amendment of Orders
2
1
Article 4 (constitution) of the Rampton Hospital Board (Establishment and Constitution) Order 1986 shall be amended by substituting “9” for “7”.
2
Article 4 (constitution) of the Broadmoor Hospital Board (Establishment and Constitution) Order 1986 shall be amended by substituting “9” for “7”.
3
Article 4 (constitution) of the Moss Side and Park Lane Hospitals Board (Establishment and Constitution) Order 1986 shall be amended by substituting “9” for “7”.
Signed by authority of the Secretary of State for Social Services.
Trumpington
Parliamentary Under-Secretary of State,
Department of Health and Social Security
11th February 1987


text:
1
This Order may be cited as the Combined Probation Areas (Cornwall) Order 1987 and shall come into force on 1st January 1988.
2
That Part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Cornwall Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Falmouth, Penryn, Truro and West Powder and South Powder and;
b
inserting in alphabetical order —
i
in column 1 “Falmouth — Penryn” and corresponding to this in column 3 “1”, and
ii
in column 1 “Truro and South Powder” and corresponding to this in column 3 “2”.
3
1
The two members of the Cornwall Probation Committee appointed by the justices for the petty sessional divisions of Falmouth and Penryn before those divisions were combined to form a new division known as the Falmouth — Penryn division shall decide by agreement, or in default of agreement by lot, which one of them shall continue to hold office as a member of that Committee, as if he had been appointed by the justices for that new division, until 30th November 1989 (when he shall cease to hold office but shall be eligible for re-appointment).
2
The two members of that Committee appointed by the justices for the petty sessional divisions of Truro and West Powder and South Powder before those divisions were combined to form a new division known as the Truro and South Powder division shall continue to hold office as members of that Committee, as if they had been appointed by the justices for that new division, until 30th November 1989 and shall then cease to hold office but shall be eligible for re-appointment.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
10th December 1987


text:
1
The Fees appearing in the Schedule to the Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I and Table II in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in Part I and items 1 and 2 in Part II of Table I of the Schedule to the Legal Officers' Fees Order 1986 shall no longer be payable.
3
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order and the Notes thereto.
4
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
Such supplementary annual fee may be agreed in respect of services not falling within the scope of the services covered by the annual fee payable to the diocesan registrar and defined in the Appendix.
c
An agreement made under sub-paragraph (a) above shall be expressed to be a payment by way of supplementary annual fee.
d
Any agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
e
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
5
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
6
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
7
This Order may be cited as the Legal Officers (Annual Fees) Order 1987 and shall come into force on the first day of January 1988.
Dated this 26th day of May 1987
J. R. Cumming-Bruce
A. Black
T. A. C. Coningsby
P. S. Dawes
D. Lovelock
Approved by the General Synod the 11th day of July 1987.
W. D. Pattinson
Secretary-General


text:
1
This Order may be cited as the Repatriation of Prisoners (Overseas Territories) (Amendment) Order 1987 and shall come into force on 16th November 1987.
2
The Repatriation of Prisoners (Overseas Territories) Order 1986 shall be amended as follows:
a
the following shall be substituted for paragraph 1(3)(a) of Schedule 1 to that Order:
that person is a British citizen or a British Dependent Territories citizen or a British National (Overseas);
b
Hong Kong shall be added to the Territories specified in Schedule 2 to that Order.
G. I. de Deney
Clerk of the Privy Council