text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of Court Amendment No.5) (Miscellaneous) 1987 and shall come into force on 5th January 1988.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall be amended in accordance with the following sub-paragraphs.
2
After rule 68A (service, intimation and citation) , insert the following section and rules: —
SECTION 11 SITTINGS OF THE COURT
Sessions of court
68B
1
There shall be three sessions of the court, namely —
a
a winter session;
b
a spring session; and
c
a summer session, the dates of which shall be such as the Lord President shall direct annually.
2
The Lord President may, if at any time he considers the business of the court so requires, direct that a session of the court shall be extended for such period as may be necessary.
Sederunt days
68C
1
A day on which the court sits during session under rule 68D(1) shall be a sederunt day.
2
The Lord President may by direction provide that such days in vacation as he may specify in the direction shall be sederunt days.
Sittings during session
68D
1
Subject to the following paragraphs of this rule, the court shall sit on Tuesday, Wednesday, Thursday and Friday of each week during session at such times as the Lord President may direct.
2
The court shall not sit during session —
a
subject to paragraph (3), on such public holidays; or
b
on such other days in exceptional circumstances, as the Lord President may direct.
3
A Division or Lord Ordinary may sit —
a
on a Monday where it is considered necessary to hear and determine a cause; or
b
on a Saturday, Sunday or public holiday to hear and determine a matter of urgency.
Sittings during vacation
68E
1
During vacation one or more of the judges of the court, other than the Lord President and the Lord Justice Clerk, shall act from time to time as vacation judge sitting in court or in chambers.
2
A vacation judge shall deal with the business of the vacation judge under rule 1 on such days and at such times as may be convenient, subject to any direction of the Lord President.
3
A Division or Lord Ordinary may sit during vacation, whether or not on a sederunt day, to conclude a hearing commenced in session.
4
A Division may sit during vacation, whether or not on a sederunt day, to hear and determine urgent Inner House business which cannot competently be heard and determined by the vacation judge.
Lord Ordinary in exchequer causes
68F
The Lord Ordinary in exchequer causes may hear and determine an exchequer cause whether during a session of the court or in vacation.
Exercise of powers of Lord President by Lord Justice Clerk
68G
In the absence of the Lord President, the Lord Justice Clerk may exercise a power conferred on the Lord President in this section to make directions.
.
3
In rule 89(ac) (decree in absence) —
a
after the words “court and”, insert the words “, in a cause to which the Civil Jurisdiction and Judgments Act 1982 applies,”
b
for the words “sections 41 to 46 to the Civil Jurisdiction and Judgments Act 1982”, substitute the words “the provisions of that Act”.
4
In rule 90 (making up record) , omit paragraph (6).
5
In rule 189 (Outer House petitions) —
a
for head (xxiv) , substitute the following head: —
xxiv
Petitions under the Adoption (Scotland) Act 1978 ;
b
after head (xxix) , insert the following heads: —
xxx
Applications under section 27 of the Civil Jurisdiction and Judgments Act 1982;
xxxi
Applications under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 , which shall be by petition where rectification of a document is not to be sought with other remedies in a cause initiated by summons;
xxxii
Petitions for judicial review;
xxxiii
Petitions under the Child Abduction and Custody Act 1985 ;
xxxiv
Petitions under the Financial Services act 1986 ;
xxxv
Petitions under section 6(3) of the Law Reform (Parent and Child) (Scotland) Act 1986 ;
xxxvi
Applications under section 48, 49 or 93 of the Banking Act 1987 ;
.
6
In rule 197(e) (unopposed petitions) —
a
after the words “court and”, insert the words “, in a cause to which the Civil Jurisdiction and Judgments Act 1982 applies,”; and
b
for the words “sections 41 to 46 of the Civil Jurisdiction Act 1982”, substitute the words “the provisions of that Act”.
7
In rule 230(4)(a) (opening of sealed confidential envelope) , after the word “refers”, insert the words, “or to a solicitor, local authority or adoption agency authorised in writing by the adopted person to obtain information from the process”.
8
After rule 260L (general provisions in applications under the Child Abduction and Custody Act 1985) , insert the following section and rules: —
SECTION 18 CAUSES UNDER THE FINANCIAL SERVICES ACT 1986
Interpretation
260M
In this section, “the Act of 1986” means the Financial Services Act 1986.
Causes under the Financial Services Act 1986
260N
1
An application by virtue of any of the following provisions of the Financial Services Act 1986 shall be made by petition presented to the Outer House: —
a
sections 6, 61, 71(1), 91(4), 104(4), 131(8) and 184(8) (applications by the Secretary of State or a designated agency for interdict or restitution);
b
sections 12, 20, 37(8) and 39(8) (applications by the Secretary of State or a designated agency for compliance orders);
c
section 13(5) (applications by recognised organisation to have a direction set aside);
d
section 93 (applications by the Secretary of State or a designated agency to remove, replace a manager or trustee or to wind up a unit trust scheme); and (e) Schedule 11 —
i
paragraph 6(1) (applications by Registrar of friendly societies for compliance orders);
ii
paragraph 7(4) (applications by recognised self regulating organisations to set aside a direction);
iii
paragraph 22 (applications by Registrar of friendly societies for interdict or to remedy a contravention); and
iv
paragraph 23(1) so far as it modifies section 61 as applied by section 71(1) (applications by Registrar of friendly societies for interdict or restitutions.
2
Certification by inspectors to the court by virtue of section 94(3) or under section 178(1) of the Act of 1986 shall be made by petition presented to the Outer House.
3
No order shall be made under section 6, 61, 71, 91, 104, 131 or 184 of, or paragraph 22 of Schedule 11 to, the Act of 1986 against any person unless he is a party to the cause in which the order is to be pronounced.
4
Where a question of the interpretation of any of the rules or regulations referred to in section 61(1)(a) of the Act of 1986 arises in a petition under this rule, the Secretary of State, a designated agency or any person referred to in section 61(1)(a)(iv) of that Act and not already a party in the cause may make representations to the court by lodging answers to the petition.
.
9
The enactments mentioned in the Schedule to this Act of Sederunt are repealed to the extent specified in the third column of that Schedule.
Emslie
Lord President, IPD
Edinburgh
10th December 1987


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as The Value Added Tax (Education) Order 1987 and shall come into force on 1st October 1987.
2
The Notes to Group 6 of Schedule 6 to the Value Added Tax Act 1983 shall be varied by deleting Note (5) and substituting the following Note: —
5
Item 4 applies only where: —
a
Supplies described in that item are made to the persons receiving education, training or re-training comprised in items 1 and 2 (hereinafter referred to as students) by the same person who provides them with that education, training or re-training; or
b
Supplies described in that item are made to a person providing education, training or re-training comprised in items 1 or 2 (hereinafter referred to as the recipient), by another person providing such education, training or re-training and such supplies to his own students, and are directly used by the students of the recipient.
.
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 1987


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1987 and shall come into force on 16th April 1987.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters respectively specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Food Premises) Regulations 1987 and shall come into force on 7th February 1987.
2
In these Regulations:
“the food legislation” means the Food Act 1984 and any regulations or orders made under it;
“health authority” has the meaning assigned to it by section 128 of the National Health Service Act 1977 .
Occupiers or owners of health service premises for the purposes of the food legislation
2
A health authority shall be treated as both the owner and occupier of premises used by the health authority for the purposes of the food legislation.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th January 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Norman Fowler
Secretary of State for Social Services
12th January 1987
Nicholas Edwards
Secretary of State for Wales
9th January 1987


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (British Coal Corporation) (Amendment) Regulations 1987 and shall come into force on 11th December 1987.
Compensation for British Coal Corporation
2
In Schedule 1 to the Town and Country Planning (National Coal Board) Regulations 1974 , in relation to section 237 of the Town and Country Planning Act 1971, add in column (2):–
1A After subsection (1)(a) insert:
“Provided that the British Coal Corporation shall not be entitled to compensation in respect of the refusal, or the grant subject to conditions, of planning permission for the working of coal by opencast operations;”.
.
Nicholas Ridley
Secretary of State for the Environment
10th November 1987
Cecil Parkinson
Secretary of State for Energy
12th November 1987
We Consent,
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
12th November 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1987 and shall come into force on 12th September 1987.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order.
Prescribed units of production
2
There is hereby prescribed in relation to each agricultural enterprise relating to agricultural land specified in column 1 of the Schedule the unit of production specified opposite that enterprise in column 2 of the Schedule, being a unit designed for the assessment of the productive capacity of such land.
Amount of net annual income from prescribed units of production
3
In relation to any unit of production prescribed in this Order the amount which is to be regarded for the purposes of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986 (definition of “commercial unit of agricultural land”) as the net annual income from that unit for the period 12th September 1987 to 11th September 1988 inclusive shall be the sum specified opposite that unit of production in column 3 of the Schedule.
Revocation
4
The Agricultural Holdings (Units of Production) Order 1986 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th August 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Wyn Roberts
Minister of State, Welsh Office
8th August 1987


text:
1
These Rules may be cited as the Prison (Amendment No. 2) Rules 1987 and shall come into force on 1st March 1988.
2
The Prison Rules 1964 shall be amended as follows:
a
in rule 21 paragraph (1) and the words “convicted” in paragraphs (2) and (3) shall be deleted;
b
in rule 22(1) the words “, or under Rule 21(1) of these Rules” shall be deleted;
c
in rules 50(g) and 51(4)(g) the words “any of the following: — (i) the right to be supplied with food and drink under Rule 21(1) of these Rules; and (ii)” shall be deleted; and
d
in rule 63(1) for the words “Rules 20(1) and” there shall be substituted the word “Rule”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
15th December 1987


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Suffolk River Valleys) Designation Order 1987 and shall come into force on 1st January 1988.Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“wet grassland” means grassland in which the ground is waterlogged for the greater part of the year.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Suffolk River Valleys in the Counties of Suffolk and Essex which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Suffolk River Valleys environmentally sensitive area” dated 25th November 1987, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provisions that: —
a
in the event of a breach by the farmer of the requirements referred to in article 4 the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a civil debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950( ) or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Minister under an agreement shall be at the rate of £70 per annum for each hectare of grassland to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2 or Schedule 3 as to agricultural practices, methods and operations and the installation and use of equipment, payments made by the Minister shall be at the rate of —
a
£180 per annum for each hectare of grassland subject to the additional provisions specified in Schedule 2;
b
£200 per annum for each hectare of land subject to the additional provisions specified in Schedule 3.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th November 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
We consent,
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1987


text:
Citation, construction and commencement.
1
1
This Order may be cited as the Cayman Islands (Constitution) (Amendment) Order 1987 and shall be construed as one with the Cayman Islands (Constitution) Order 1972 .
2
The Cayman Islands (Constitution) Order 1972 and this Order may be cited together as the Cayman Islands (Constitution) Orders 1972 to 1987.
3
This Order shall come into force on 30th January 1988, save that sections 2, 3, 4 and 5 shall come into force on such later date or dates as may be notified by the Governor, acting in his discretion, by proclamation published as a Government Notice.
Replacement of section 18 of Constitution.
2
Section 18 of the Constitution of the Cayman Islands shall be replaced by the following —
Qualifications for elected membership.
18
1
Subject to the provisions of the next following section, a person shall be qualified to be elected as a member of the Assembly if, and shall not be qualified to be so elected unless —
a
he possesses Caymanian status; and
b
he has attained the age of twenty-one years; and
c
he is, at the date of his nomination for election, domiciled and resident in the Islands; and
d
he is a qualified citizen; and either
e
he was born in the Islands, or was born outside the Islands in the circumstances mentioned in subsection (2)(b) of this section, has resided in the Islands for a period of not less than seven years immediately preceding the date of his nomination for election and, subject to subsections (3) and (4) of this section, the number of days on which he was absent from the Islands in that period does not exceed four hundred; or
f
he was born outside the Islands, has resided in the Islands for a period or periods amounting to not less than fifteen years out of the twenty years immediately preceding the date of his nomination for election, and in the seven years immediately preceding the date of his nomination for election the number of days on which he was absent from the Islands does not exceed four hundred.
2
For the purposes of subsection (1)(d) of this section, a qualified citizen is a British Dependent Territories citizen by virtue of a connection with the Islands, who either —
a
at the date of his nomination for election possesses no other citizenship and is pursuing no claim to any other citizenship for which he may be eligible; or
b
was born outside the Islands, has or had at least one parent or grandparent who was born in the Islands and possesses Caymanian status (or if deceased would if alive have possessed Caymanian status at the date of nomination for election), and who at the date of his nomination for election possesses no other citizenship save for any right he may have to some other citizenship by virtue of his birth outside the Islands.
3
In ascertaining whether a person has been absent from the Islands for the purposes of subsection (1)(e) of this section any period of absence by reason of the following shall be disregarded —
a
the performance of duty on behalf of the Government of the Islands;
b
attendance as a pupil at any educational establishment;
c
attendance as a patient at any hospital, clinic or other medical institution;
d
employment as a seaman aboard an ocean-going vessel; or
e
employment as a crew member on any aircraft.
4
In the case of a person referred to in subsection (1)(e) of this section, the requirement that the number of days on which he was absent from the Islands in the period of seven years immediately preceding the date of his nomination for election does not exceed four hundred shall not apply if that person was, on the day immediately preceding the appointed day, qualified to be elected as a member of the Assembly.
.
Amendment of section 20 of Constitution.
3
Section 20(3)(c) of the Constitution of the Cayman Islands shall be replaced by the following —
c
if he ceases to be a British Dependent Territories citizen by virtue of a connection with the Islands or he ceases to possess Caymanian status;
.
Replacement of section 25 of Constitution.
4
Section 25 of the Constitution of the Cayman Islands shall be replaced by the following —
Qualifications of electors.
25
Subject to the provisions of the next following section, a person shall be entitled to be registered as an elector in one electoral district only, but he shall not be entitled to be registered as an elector for elections to the Assembly unless —
a
he was, on the day immediately preceding the appointed day, entitled to be registered as an elector; or
b
i
he possesses Caymanian status; and
ii
he has attained the age of eighteen years; and
iii
he is a British Dependent Territories citizen by virtue of a connection with the Islands; and
iv
he is domiciled and resident in the Islands at the date of registration; and either
v
he or one of his parents or grandparents was born in the Islands and he has been ordinarily resident in the Islands for a period or periods amounting to two years out of the three years immediately preceding the date of registration; or
vi
he has been ordinarily resident in the Islands for a period or periods amounting to seven years out of the nine years immediately preceding the date of registration, and in the three years immediately preceding the date of registration the number of days on which he was absent from the Islands does not exceed three hundred.
.
Amendment of section 50.
5
Section 50(1) of the Constitution of the Cayman Islands shall be amended by substituting for paragraph (a) of the definition of “appointed day” the following:
a
in relation to sections 18(4) and 25(a) of this Constitution, the day on which those provisions come into force under section 1(3) of the Cayman Islands (Constitution)(Amendment) Order 1987;
.
Preparatory measures.
6
1
The registration of electors, using the provisions of sections 4 and 5 of this Order, may take place at any time after the commencement of this Order although those sections have not yet come into force but no person so registered may vote until those sections have come into force.
2
Any procedures begun in pursuance of subsection (1) of this section may be continued after sections 4 and 5 of this Order have come into force.
G. I. de Deney
Clerk of the Privy Council


text:
1
The lengths of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Council of Berkshire that the new trunk road is open for through traffic.
2
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a prinicpal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered CSE 242/2/26/01 marked “A423 West of Maidenhead — Oxford Trunk Road (Maidenhead Thicket — Burchetts Green Section) Detrunking Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43, Marsham Street, London, SW1P 3PY;
iii
“the new trunk road”
means the highway to be provided by the Secretary of State in pursuance of the A423 West of Maidenhead — Oxford Trunk Road (Maidenhead Thicket — Burchetts Green Section) and Slip Roads Order 1987 in which it is referred to as the main new trunk road; and
iv
“the Trunk Road”
means the West of Maidenhead — Oxford Trunk Road (A423).
3
This Order shall come into force on 20th November 1987 and may be cited as the A423 West of Maidenhead — Oxford Trunk Road (Maidenhead Thicket — Burchetts Green Section) Detrunking Order 1987.
Signed by authority of the Secretary of State.
D. Gruffydd Jones
Regional Director, South East Region,
Department of Transport
22nd October 1987


text:
Citation, commencement and interpretation
1
1
These regulations may be cited as the Social Security Benefits Up-rating Regulations 1987 and shall come into force on 6th April 1987.
2
In these regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1975;
“the 1986 Act ” means the Social Security Act 1986;
“the up-rating order ” means the Social Security Benefits Up-rating Order 1987 ;
and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Conditions relating to payment of additional benefit under awards made before the appointed or prescribed day
2
1
This regulation applies to a case where —
a
either —
i
an award of any benefit under Chapters I to III of Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a higher rate provided in or by virtue of the up-rating order, or
ii
an award of any benefit under Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a lower rate provided in or by virtue of the up-rating order;
b
the period to which the award relates has not ended before that day; and
c
the award does not, in accordance with the provisions of section 64(3) of the 1986 Act, provide for the payment of the benefit at a higher or lower rate (as the case may be) as from that day.
2
In a case to which this regulation applies, section 64(1) — (3) of the 1986 Act shall have effect subject to the condition that if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
the benefit shall, unless the question has been determined in accordance with the provisions of the Act, be or continue to be payable at the weekly rate specified in paragraph (3).
3
The weekly rate referred to in paragraph (2) is the weekly rate specified in the award or the weekly rate at which the benefit would have been paid if the question had not arisen, whichever is the lower.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
4
Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) shall be further amended by the substitution in paragraph (3) for“£25.50” of“£26.00”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
Regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) shall be further amended by the substitution for“£1326.00” of“£1352.00”.
Revocation
6
The Social Security Benefits Up-rating Regulations 1986 are hereby revoked.
Signed by authority of the Secretary of State for Social Services
John Major
Minister of State,
Department of Health and Social Security
3rd March 1987


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1987 and shall come into force on 3rd September 1987.
Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
2
The Sea Fishing (Enforcement of Community Control Measures) Order 1985 shall be amended in accordance with the following provisions of this Order.
3
In article 2 (interpretation) for the definition of “the Council Regulation” there shall be substituted the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 2241/87 establishing certain control measures for fishing activities
.
4
In article 3(2) (offences) for the words “article 3, 6, 7 or 8” there shall be substituted the words “article 5, 6, 7 or 8”.
5
1
In article 4(1) (penalties) for the words “article 2(2), 10(3) or 11” there shall be substituted the words “article 2(2), 11(3) or 13”.
2
In article 4(2) for the words “article 2(2), 10(3) or 11” there shall be substituted the words “article 2(2), 11(3) or 13”.
3
In article 4(3) for the words “article 3, 6, 7 or 8” there shall be substituted the words “article 5, 6, 7 or 8”.
6
1
In article 8(a) (powers of British sea-fishery officers to seize fish and nets) for the words “article 10(3)” there shall be substituted the words “article 11(3)”.
2
In article 8(b) for the words “article 11” there shall be substituted the words “article 13”.
3
In article 8(c)(i) for the words “article 11” there shall be substituted the words “article 13”.
4
In article 8(c)(ii) for the words “article 10(3)” there shall be substituted the words “article 11(3)”.
7
In article 12 (admissibility in evidence of logbooks and landing or trans-shipment declarations) for the words “article 3” there shall be substituted the words “article 5”.
8
In the Schedule (Community provisions contravention of which constitutes an offence) in column 1 (provision of the Council Regulation), there shall be substituted —
a
in paragraph 2 for the words “Article 3” the words “Article 5”;
b
in paragraph 5 for the words “Article 10(3)” the words “Article 11(3)”;
c
in paragraph 6 for the words “Article 11” the words “Article 13”.
In witness thereof the official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th August 1987.
John Slwyn Gummer
Minister of State, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
27th August 1987
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
26th August 1987
Tom King
Secretary of State for Northern Ireland
27th August 1987


text:
1
This Order may be cited as the Banking Act 1987 (Commencement No. 1) Order 1987.
2
The provisions of the Banking Act 1987 specified in the Schedule to this Order shall come into force on 15th July 1987.
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
9th July 1987


text:
1
1
These Rules may be cited as the Parish and Community Meetings (Polls) (Amendment) Rules 1987.
2
These Rules do not extend to Scotland or Northern Ireland.
3
These Rules shall come into force on the fourteenth day after the day on which they were made, except for the purposes of a poll consequent on a parish or community meeting which has been demanded before that fourteenth day.
2
1
The rules in the Schedule to the Parish and Community Meetings (Polls) Rules 1987 shall be amended in accordance with the following paragraphs.
2
In rule 11(5) (notices in polling stations) for the words “Vote for candidate(s) only” there shall be substituted the words “[Vote for no more than candidates] [Vote for one candidate only]”.
3
In the Appendix of forms, in the form of the front of the ballot paper on a question of appointment to an office for the words “VOTE FOR CANDIDATE(S) ONLY” there shall be substituted the words “VOTE FOR NO MORE THAN CANDIDATES”.
4
In the Appendix of forms, in the directions as to printing the ballot paper on a question of appointment to an office, for paragraph 2(a) there shall be substituted:
a
no word shall be printed on the face except the direction “VOTE FOR NO MORE THAN CANDIDATES” or, where only one candidate is to be elected, “VOTE FOR ONE CANDIDATE ONLY”and the particulars of the candidates;
.
5
In the Appendix of forms, in the form of directions for the guidance of the voters in voting where the poll is on a question of appointment to an office, for the word “Vote for candidate(s) only.” in paragraph 4, there shall be substituted “[Vote for no more than candidates.] [Vote for one candidate only.]”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 1987


text:
Citation and commencement
1
These Regulations may be cited as the Building (Inner London) Regulations 1987 and shall come into force on 1st July 1987.
Further application of building regulations and the Building Act 1984 to inner London
2
1
The Building Regulations 1985 and the Building (Approved Inspectors etc. ) Regulations 1985 shall be amended as provided in Part I of Schedule 2 to these Regulations, being amendments to apply further provisions of those Regulations to inner London.
2
The following provisions of the Building Act 1984 apply in relation to a local authority in inner London as they apply to a local authority outside inner London —
section 18 (building over sewer etc.);
section 21 (provision of drainage);
section 22 (drainage of buildings in combination);
section 23 (provision of facilities for refuse).
3
Paragraph 5 of Schedule 3 to the Building Act 1984 shall have effect with the insertion after “71” of “, 72(1) to (4), (6) and (7), 73”.
Consequential modifications and repeals
3
1
The Building (Prescribed Fees etc.) Regulations 1985 and the Building (Inner London) Regulations 1985 shall be amended as provided in Part II of Schedule 2 to these Regulations.
2
The enactments mentioned in Schedule 3 shall have effect subject to the modifications specified in that Schedule.
3
The enactments and instruments mentioned in Schedule 4 are repealed or revoked to the extent specified in the third column of that Schedule.
Transitional Provisions
4
1
Subject to paragraph (2) below, these Regulations do not apply to any building, structure or work if on 1st July 1987 the Building (Inner London) Regulations 1985 do not apply to that building, structure or work, or if, before that date —
a
a contract was entered into for the erection of the building, construction of the structure or execution of the work; or
b
the erection of the building, construction of the structure or execution of the work was commenced; or
c
plans were deposited or notice was given in respect of the building, structure or work under any of the enactments and instruments which would be repealed or revoked if these Regulations applied; or
d
in respect of the building, structure or work, a building notice was given or full plans were deposited under regulation 11 of the Building Regulations 1985 or an initial notice or a public body’s notice was given,
until that building, structure or work has been completed.
2
Notwithstanding paragraph (1) above, these Regulations shall apply to any building, structure or work if, on or after 1st July 1987 —
a
in respect of that building, structure or work, a building notice is given or full plans are deposited under regulation 11 of the Building Regulations 1985 or an initial notice or a public body’s notice is given, and
b
those plans or that notice includes work in respect of which any of the enactments or instruments repealed or revoked by these Regulations requires the deposit of plans or the giving of notice; and
c
at the time that those plans are deposited or that notice is given the building work to which those plans or that notice relate has not been commenced.


text:
1
This Order may be cited as the Customs Duties (ECSC) (No. 2) (Amendment No. 9) Order 1987 and shall come into force on 15th July 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 headings 73.08, 73.11 AI, AIV a) 1 and 73.11B which originate in Yugoslavia.
Peter Lloyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
13th July 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Medical Evidence) Amendment Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations, “the Medical Evidence Regulations ” means the Social Security (Medical Evidence) Regulations 1976 .
Registered midwife
2
In regulation 1(2) of the Medical Evidence Regulations for the definition of “certified midwife” there shall be substituted the following definition —
“registered midwife” means a midwife who is registered as a midwife with the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under the Nurses, Midwives and Health Visitors Act 1979 ;
.
Maternity certificate
3
In regulation 2(3) of the Medical Evidence Regulations, for the words “by means of a certificate” there shall be substituted the words “by means of a maternity certificate” and for the words “certified midwife” there shall be substituted the words “registered midwife”.
Substitution of Schedule 2
4
For Schedule 2 to the Medical Evidence Regulations there shall be substituted the following Schedule —
SCHEDULE 2
PART I
rules
1
In these rules any reference to a woman is a reference to the woman in respect of whom a maternity certificate is given in accordance with these rules.
2
A maternity certificate shall be given by a doctor or registered midwife attending the woman and shall not be given by the woman herself.
3
The maternity certificate shall be on a form provided by the Secretary of State for the purpose and the wording shall be that set out in the appropriate part of the form specified in Part II of this Schedule.
4
Every maternity certificate shall be completed in ink or other indelible substance and shall contain the following particulars —
a
the woman’s name;
b
the week in which the woman is expected to be confined or, if the maternity certificate is given after confinement, the date of that confinement and the date the confinement was expected to take place where this is later than the actual confinement;
c
the date of the examination on which the maternity certificate is based;
d
the date on which the maternity certificate is signed; and
e
the address of the doctor or where the maternity certificate is signed by a midwife either her registered number or address,
and shall bear opposite the word “Signature”, the signature of the person giving the maternity certificate written after there has been entered on the maternity certificate the woman’s name and the expected date or, as the case may be, the date of the confinement.
5
After a maternity certificate has been given, no further maternity certificate based on the same examination shall be furnished other than a maternity certificate by way of replacement of an original which has been lost or mislaid, in which case it shall be clearly marked “duplicate”.
PART II
FORM OF CERTIFICATE
MATERNITY CERTIFICATE
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
10th March 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Charges for Accommodation) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations —
“ the Act ” means the National Assistance Act 1948;
“Personal Injuries Scheme”, “Service Pensions Instrument” and “1914 — 18 War Injuries Scheme” have the same meanings as in the Social Security (Overlapping Benefits) Regulations 1979 .
Minimum charges
2
1
Subject to paragraph (2), the sum below which there is in no case to be reduced the liability of a person under section 22(3) of the Act to pay for accommodation provided, or proposed to be provided, for him under Part III of the Act in premises managed by a local authority shall be £31.60 per week.
2
Where the accommodation is provided for a child accompanied by a person over the age of 16, then in respect of the child the sum below which the liability (which, under section 22(7)(a) of the Act, is that of the person by whom the child is accompanied) is not to be reduced shall be —
a
where the child is aged at least 11 years but under the age of 16, £15.60 per week;
b
where the child is under the age of 11 years, £10.40 per week.
Sum needed for personal requirements
3
The sum which a local authority is under section 22(4) of the Act to assume that a person needs for his personal requirements shall be £7.90 per week except that in the case of a person to whom there is payable —
a
attendance allowance under the provisions of section 35 of the Social Security Act 1975 ; or
b
constant attendance allowance under any Personal Injuries Scheme, Service Pensions Instrument or any 1914 — 18 War Injuries Scheme,
that sum shall in respect of each week the allowance is payable be increased by the amount so payable.
Revocation
4
The National Assistance (Charges for Accommodation) Regulations 1986 are hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
9th March 1987


text:
1
This Order may be cited as the Armed Forces Act 1986 (Commencement No. 3) Order 1987.
2
The provisions of the Armed Forces Act 1986, so far as they are not already in force, shall come into force on 31st December 1987.
George Younger
Secretary of State for Defence
23rd November 1987


text:
1
The existing highways described in the Schedule to this Order and shown in heavy black type on the deposited plan shall become trunk roads as from the date when this Order comes into force.
2
In this Order the deposited plan means the plan numbered GLRT3/17/04 marked “The A316 (County of Surrey Boundary to M3 Trunking) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
This Order shall come into force on 30th April 1987 and may be cited as the A316 (County of Surrey Boundary to M3 Trunking) Order 1987.
Signed by authority of the Secretary of State
June Bridgeman
An Under Secretary in the
Department of Transport
9th April 1987


text:
1
This Order may be cited as the Food and Environment Protection Act 1985 (Guernsey) Order 1987 and shall come into force on 1st May 1987.
2
In this Order, the expression “the Bailiwick” means the Bailiwick of Guernsey and the territorial waters adjacent thereto.
3
Part II (including Schedules 2 to 4) and Part IV of the Food and Environment Protection Act 1985 shall extend to the Bailiwick with the exceptions, adaptations and modifications specified in the Schedule to this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1987 and shall come into force on 1st September 1987.
Amendment of the Social Security (Adjudication) Regulations 1986
2
Regulation 72 of the Social Security (Adjudication) Regulations 1986 shall be amended by inserting at the beginning the words “(1) Subject to paragraph (2),” and by inserting after paragraph (1) the following paragraph:
2
This regulation shall not apply to a review of a decision by an adjudication officer or, on a reference by an adjudication officer, by an appeal tribunal, where the ground for review is that the decision was erroneous in point of law by virtue of a determination by a Commissioner, the High Court, the Court of Appeal, the Court of Session, the House of Lords or the Court of Justice of the European Communities given subsequent to the decision.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
6th August 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Northumbrian Water Authority (T Nets) (Northern Area) Order 1987; unless a memorial is presented to the Minister of Agriculture, Fisheries and Food in accordance with paragraph 9 of Schedule 3 to the Act praying that it shall be subject to special parliamentary procedure , this Order shall come into operation on the day after the date of its confirmation by the Minister of Agriculture, Fisheries and Food.
2
In this Order–
“the Act” means the Salmon and Freshwater Fisheries Act 1975;
“the northern area” means those tidal waters and parts of the sea which are included in the area of the Northumbrian Water Authority between Goswick Sands and Souter Point.
Modification of provisions of the Salmon and Freshwater Fisheries Act 1975
2
1
In relation to any fisheries within the northern area–
a
section 6 of the Act shall have effect as if it did not apply in the case of a T net which is not outrigged;
b
paragraph 21 of Schedule 3 to the Act shall have effect as if the the words “(not being fixed engines)” were omitted.
c
paragraph 25 of that Schedule shall have effect as if the words “(not being a fixed engine)” were omitted.
2
In paragraph (1) of this article–
“T net” means a net having one or more bags, pockets or monks, a headpiece not exceeding 92 metres in length and a tailpiece not exceeding 230 metres in length, which when shot from a fishing coble in the form of a letter “T” is suspended in the water by means of floats and is or is intended to be maintained stationary by anchors or weights;
“outrigged”, in relation to a T net, means set out on the seaward side of, and in line with, any other such net.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th February 1987.
J.C. Edwards
Assistant Secretary,on behalf of the Minister of Agriculture, Fisheries and Food
Confirmed by the Minister of Agriculture, Fisheries and Food.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th March 1987.
J.C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food


text:
Title and commencement
1
This Order may be cited as the Saithe (Specified Sea Areas) (Prohibition of Fishing) (Revocation) Order 1987 and shall come into force on 9th November 1987.
Revocation
2
The Saithe (Specified Sea Areas) (Prohibition of Fishing) Order 1987 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th November 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
5th November 1987
Wyn Roberts
Minister of State, Welsh Office
6th November 1987
Tom King
Secretary of State for Northern Ireland
5th November 1987


text:
Citation and commencement
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Amendment Regulations 1987 and shall come into force on 3rd August 1987.
Interpretation
2
In these Regulations a reference to the principal Regulations is a reference to the St Mary’s Music School (Aided Places) Regulations 1986 .
Regulation 2 of the principal Regulations
3
1
In paragraph (1) of regulation 2 of the principal Regulations for the definition of “child” there shall be substituted the following: —
“child” includes a step-child and a child adopted in pursuance of adoption proceedings (and “father” and “mother” shall be construed accordingly) and, notwithstanding the definition in section 135(1) of the Act, includes a person who is over school age but has not attained the age of 20 years at the commencement of any school year of the school;
.
2
In paragraph (2) of that regulation —
a
in sub-paragraph (d) there shall be inserted after “court” the following: —
(including any order made in terms of section 47 of the Children Act 1975
; and
b
in sub-paragraph (e) the following words shall be deleted: —
“or to any person who has custody in terms of section 47 of the Children Act 1975” .
Regulation 5 of the principal Regulations
4
For regulation 5 of the principal Regulations there shall be substituted the following regulation: —
5
It shall be a condition that a child —
a
shall have attained the age of 8 years before taking up an aided place at the school; or
b
will attain that age on or before 31 July next following his taking up an aided place.
.
Regulation 11 of the principal Regulations
5
In paragraphs (3) and (4) of regulation 11 of the principal Regulations for the sum of “£900” wherever it occurs there shall be substituted the sum of “£950” .
Regulation 14 of the principal Regulations
6
1
In paragraph (2) of regulation 14 of the principal Regulations for the sum of “£5,859” there shall be substituted the sum of “£6,002” .
2
In paragraph (3) of that regulation for the Table there shall be substituted the following: —
TABLE
(1) (2) (3) Part of relevant income to which specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £5,853 but does not exceed £7,390 10% 7.5% That part (if any) which exceeds £7,390 but does not exceed £10,383 20% 15.0% That part (if any) in excess of £10,383 10% 7.5%
.
Regulation 15 of the principal Regulations
7
1
In paragraph (2) of regulation 15 of the principal Regulations for the sum of “£7,359” there shall be substituted the sum of “£7,539” .
2
In paragraph (3) of that regulation for the sum of “£7,210” there shall be substituted the sum of “£7,390” .
Regulation 18 of the principal Regulations
8
In paragraph (2) of regulation 18 of the principal Regulations for the sum of “£5,773” there shall be substituted the sum of “£5,917” .
Regulation 19 of the principal Regulations
9
1
For paragraph (3) of regulation 19 of the principal Regulations there shall be substituted the following paragraph: —
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £7,752 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£118, where the relevant income does not exceed £6,804;
b
£89, where that income exceeds £6,804 but does not exceed £7,123;
c
£59, where that income exceeds £7,123 but does not exceed £7,429;
d
£30, where that income exceeds £7,429 but does not exceed £7,752.
Provided that any clothing grant which would fall to be paid in pursuance of this paragraph in a pupil’s first aided year at the school may be paid during the two months immediately preceding that year.
.
2
For paragraph (4) of that regulation there shall be substituted the following paragraph: —
4
Except where paragraph (3) applies, clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £7,429 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£44, where the relevant income does not exceed £6,976,
b
£22, where that income exceeds £6,976 but does not exceed £7,429.
.
Regulation 25 of the principal Regulations
10
In paragraph (1) of regulation 25 of the principal Regulations —
a
in sub-paragraph (a) for the sum of “£6,819” there shall be substituted the sum of “£6,985” ; and
b
in sub-paragraph (b) for the sum of “£6,638” there shall be substituted the sum of “£6,804” .
Schedule 1 to the principal Regulations
11
In paragraph 3 of Schedule 1 to the principal Regulations —
a
at the end of sub-paragraph (h) the word “or” shall be deleted;
b
after sub-paragraph (i) there shall be inserted —
j
in pursuance of section 27 of the Finance Act 1986 (relief for donations under payroll deduction scheme); or
k
in pursuance of regulations made under Schedule 8 to the Finance Act 1986 (relief for investments under personal equity plans),
.
Michael B. Forsyth
Parliamentary Under Secretary of State,Scottish Office
New St. Andrew’s House,
Edinburgh
29th June 1987


text:
1
This Order may be cited as the Inheritance Tax and Capital Transfer Tax (Interest on Unpaid Tax) Order 1987 and shall come into force on 6th June 1987.
2
The rate prescribed for the purposes of section 233 of the Inheritance Tax Act 1984 (interest on unpaid tax) shall be 6 per cent. per annum and shall apply in each of the cases referred to in paragraphs (a) and (b) of section 233(2).
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Sick Pay (General) Amendment (No.2) Regulations 1987 and shall come into force on 7th June 1987.
2
In these Regulations, “the General Regulations ” means the Statutory Sick Pay (General) Regulations 1982 (c).
Period of entitlement ending or not arising
2
In regulation 3 of the General Regulations, after paragraph (3) there shall be added the following paragraphs:
4
Where a period of entitlement is current as between an employee and her employer and the employee —
a
is or was pregnant,
b
has reached or been confined before reaching the day immediately preceding the 6th week before the expected week of confinement, and
c
is not by virtue of that pregnancy or confinement entitled to statutory maternity pay under Part V of the Social Security Act 1986 (d) or to maternity allowance under section 22 of the Social Security Act 1975 (e),
the period of entitlement shall end on that day, or if earlier, on the day she was confined.
5
Where an employee —
a
has been confined or has reached the beginning of the 6th week before the expected week of her confinement, and
b
is not either by virtue of or in expectation of that confinement entitled to statutory maternity pay under Part V of the Social Security Act 1986 (a) or to maternity allowance under section 22 of the Social Security Act 1975 (b),
a period of entitlement as between her and her employer shall not arise in relation to a period of incapacity for work where the first day in that period falls within 18 weeks of the beginning of the 6th week before her expected week of confinement, or if earlier, of the week in which she was confined.
6
In paragraphs (4) and (5) “confinement” and “confined” have the same meanings as in section 50 of the Social Security Act 1986.
.
Statements relating to payment of statutory sick pay
3
In regulation 15A of the General Regulations (c) (statements relating to the payment of statutory sick pay) —
a
in paragraph (1) for sub-paragraph (c), there shall be substituted the following sub-paragraph —
c
the employer is or was liable to make a payment of statutory sick pay to the employee in respect of any week within that period, and for this purpose a week includes any days rounded up to a week in accordance with paragraph (4),
; and
b
in paragraph (2)(b) the words “and days” shall be omitted.
Meaning of “earnings”
4
In regulation 17 of the General Regulations (meaning of earnings) —
a
in paragraph (2), sub-paragraph (f) is revoked, and
b
in paragraph (3), after sub-paragraph (g) there shall be added the following sub-paragraph —
h
any sum payable by way of statutory maternity pay under Part V of the Social Security Act 1986, including sums payable in accordance with regulations made under section 46(8)(b) of that Act.
.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
12th May 1987


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1987 Approval Order 1987 and shall come into force on 1st February 1988.
Mackay of Clashfern, C
7th December 1987
Cameron of Lochbroom
9th December 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“adjudicating authority” means, as the case may be, the Chief or any other adjudicating officer, a social security appeal tribunal, the Chief or any other Social Security Commissioner or a Tribunal of Commissioners;
“benefit” means any benefit under the Social Security Act 1975 , child benefit, family income supplement, supplementary benefit and any social fund payment under section 32(2)(a) of the Act (maternity and funeral expenses);
“child benefit” means benefit under Part I of the Child Benefit Act 1975 ;
“the Claims and Payments Regulations ” means the Child Benefit (Claims and Payments) Regulations 1984 , the Family Income Supplements (Claims and Payments) Regulations 1980 , regulations 5 to 9 inclusive of the Mobility Allowance Regulations 1975 , the Mobility Allowance (Motability Payments Arrangements) Regulations 1978 , the Social Security (Claims and Payments) Regulations 1979 , the Social Fund Maternity and Funeral Expenses (Claims and Payments) Regulations 1986 and the Supplementary Benefit (Claims and Payments) Regulations 1981 ;
“family income supplement” means benefit under the Family Income Supplements Act 1970 ;
“guardian’s allowance” means an allowance under section 38 of the Social Security Act 1975 ;
“severe disablement allowance” means an allowance under section 36 of the Social Security Act 1975 ;
“supplementary allowance” means an allowance under section 1(1)(b) of the Supplementary Benefits Act 1976 ;
“supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976;
“supplementary pension” means a pension under section 1(1)(a) of the Supplementary Benefits Act 1976.
3
Unless the context otherwise requires, any reference in these regulations to a numbered Part or regulation is a reference to the Part or regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
PART II
INTERIM PAYMENTS
Making of interim payments
2
1
The Secretary of State may, in his discretion, make an interim payment, that is to say a payment on account of any benefit to which it appears to him that a person is or may be entitled, in the following circumstances: —
a
a claim for that benefit has not been made in accordance with the Claims and Payments Regulations and it is impracticable for such a claim to be made immediately; or
b
a claim for that benefit has been so made, but it is impracticable for it or a reference, review, application or appeal which relates to it to be determined immediately; or
c
an award of that benefit has been made but it is impracticable for the beneficiary to be paid immediately, except by means of an interim payment.
2
On or before the making of an interim payment the recipient shall be given notice in writing of his liability under this Part to have it brought into account and to repay any overpayment.
Bringing interim payments into account
3
Where it is practicable to do so and notice has been given as required by regulation 2(2), the interim payment shall be brought into account as follows: —
a
any interim payment made in anticipation of an award of benefit shall be offset by the adjudicating authority in reduction of the benefit to be awarded; and
b
any interim payment (whether or not made in anticipation of an award) which is not offset under sub-paragraph (a) shall be deducted by the Secretary of State from —
i
the sum payable under the award of benefit on account of which the interim payment was made; or
ii
any sum payable under any subsequent award of the same benefit to the same person.
Recovery of overpaid interim payments
4
1
Where the adjudicority has determined that an interim payment has been overpaid in circumstances which fall within paragraph (3) and that notice has been given as required by regulation 2(2), that authority shall determine the amount of the overpayment.
2
The amount of the overpayment shall be recoverable by the Secretary of State, by the same procedures and subject to the same conditions as if it were recoverable under section 53(1) of the Act.
3
The circumstances in which an interim payment may be determined to have been overpaid are as follows: —
a
an interim payment has been made under regulation 2(1)(a) or (b) but —
i
the recipient has failed to make a claim in accordance with the Claims and Payments Regulations as soon as practicable, or having made such a claim has withdrawn it or is deemed to have withdrawn it; or
ii
it has been determined that there is no entitlement on the claim, or that the entitlement is less than the amount of the interim payment; or
b
an interim payment has been made under regulation 2(1)(c) which exceeds the entitlement under the award of benefit on account of which the interim payment was made.
PART III
OFFSETTING
Offsetting prior payment against subsequent award
5
1
Subject to regulation 6 (exception from offset of recoverable overpayment), any sum paid in respect of a period covered by a subsequent determination in any of the cases set out in paragraph (2) shall be offset against arrears of entitlement under the subsequent determination and, except to the extent that the sum exceeds the arrears, shall be treated as properly paid on account of them.
2
Paragraph (1) applies in the following cases: —
Case 1: Payment under an award which is revised, reversed or varied
Where a person has been paid a sum by way of benefit under an award which is subsequently varied on appeal or revised on a review.
Case 2: Award or payment of benefit in lieu
Where a person has been paid a sum by way of benefit under the original award and it is subsequently determined, on review or appeal, that another benefit should be awarded or is payable in lieu of the first.
Case 3: Child benefit and severe disablement allowance
Where either —
a
a person has been awarded and paid child benefit for a period in respect of which severe disablement allowance is subsequently determined to be payable to the child concerned; or
b
severe disablement allowance is awarded and paid for a period in respect of which child benefit is subsequently awarded to someone else, the child concerned in the subsequent determination being the beneficiary of the original award.
Case 4: Increase of benefit for dependant
Where a person has been paid a sum by way of an increase in respect of a dependent person under the original award and it is subsequently determined that that other person is entitled to benefit for that period, or that a third person is entitled to the increase for that period in priority to the beneficiary of the original award.
3
Where an amount has been deducted under regulation 14(b) (sums to be deducted in calculating recoverable amounts) an equivalent sum shall be offset against any arrears of entitlement of that person under a subsequent award of supplementary pension or allowance for the period to which the deducted amount relates.
4
Where child benefit which has been paid under an award in favour of a person (the original beneficiary) is subsequently awarded to someone else for any week, the benefit shall nevertheless be treated as properly paid if it was received by someone other than the original beneficiary, who —
a
either had the child living with him or was contributing towards the cost of providing for the child at a weekly rate which was not less than the weekly rate under the original award, and
b
could have been entitled to child benefit in respect of that child for that week had a claim been made in time.
5
Any amount which is treated under paragraph (4) as properly paid shall be deducted from the amount payable to the beneficiary under the subsequent award.
Exception from offset of recoverable overpayment
6
No amount may be offset under regulation 5(1) which has been determined to be a recoverable overpayment for the purposes of section 53(1) of the Act.
PART IV
PREVENTION OF DUPLICATION OF PAYMENTS
Duplication of payments and supplementary benefit
7
References in this Part to section 27 of the Act (prevention of duplication of payments) are to the provisions of that section as applied to supplementary benefit by section 73 of, and paragraph 2 of Schedule 7 to, that Act.
Duplication and prescribed income
8
1
For the purposes of section 27(1) of the Act (recovery of amount of benefit awarded because prescribed income not paid on prescribed date), a person’s prescribed income consists of resources which are required by Part III of the Supplementary Benefit (Resources) Regulations 1981 to be taken into account in the calculation of his income resources.
2
The prescribed date in relation to any payment of income prescribed by paragraph (1) is —
a
where it is made in respect of a specific day or period, that day or the first day of the period;
b
where it is not so made, the day or the first day of the period to which it is fairly attributable.
Duplication and prescribed payments
9
1
For the purposes of section 27(2) of the Act (recovery of amount of benefit awarded because prescribed payment not made on prescribed date), the payment of any of the following is a prescribed payment: —
a
any benefit under the Social Security Act 1975 other than any grant or gratuity;
b
any child benefit;
c
any family income supplement;
d
any war disablement pension or war widow’s pension which is not in the form of a gratuity and any payment which the Secretary of State accepts as analogous to any such pension;
e
any allowance paid under the Job Release Act 1977 ;
f
any allowance payable by or on behalf of the Manpower Services Commission to or in respect of a person for his maintenance for any period during which he is following a course of training or instruction provided or approved by that Commission;
g
any payment of benefit under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation ( EEC ) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community , whether or not the benefit has been acquired by virtue of the provisions of that Regulation.
2
The prescribed date, in relation to any payment prescribed by paragraph (1) is the date by which receipt of or entitlement to that benefit would have to be notified to the Secretary of State if it were to be taken into account in determining, whether on review or otherwise, the amount of or entitlement to supplementary pension or allowance.
Duplication and maintenance payments
10
For the purposes of section 27(3) of the Act (recovery of amount of benefit awarded because maintenance payments not made), the following benefits are prescribed: —
a
child benefit;
b
increases for dependants of any benefit under the Social Security Act 1975;
c
child’s special allowance under section 31 of the Social Security Act 1975 ; and
d
guardian’s allowance.
Conversion of payments made in a foreign currency
11
Where a payment of income prescribed by regulation 8(1), or a payment prescribed by regulation 9(1), is made in a currency other than sterling, its value in sterling, for the purposes of section 27 of the Act and this Part, shall be determined, after conversion by the Bank of England, or by any bank which is a recognised bank for the purposes of the Banking Act 1979 , as the net sterling sum into which it is converted, after any banking charge or commission on the transaction has been deducted.
PART V
DIRECT CREDIT TRANSFER OVERPAYMENTS
Recovery of overpayments by direct credit transfer
12
1
Where it is determined by the adjudicating authority that a payment in excess of entitlement has been credited to a bank or other account under an arrangement for direct credit transfer made in accordance with regulation 16A of the Social Security (Claims and Payments) Regulations 1979 , or regulation 7 of the Child Benefit (Claims and Payments) Regulations 1984 and that the conditions prescribed by paragraph (2) are satisfied, the excess, or the specified part of it to which the Secretary of State’s certificate relates, shall be recoverable under this regulation.
2
The prescribed conditions for recoverability under paragraph (1) are as follows: —
a
the Secretary of State has certified that the payment in excess of entitlement, or a specified part of it, is materially due to the arrangement for payments to be made by direct credit transfer; and
b
notice of the effect which this regulation would have, in the event of an overpayment, was given in writing to the beneficiary, or to a person acting for him, before he agreed to the arrangement.
3
Where the arrangement was agreed to before these regulations came into force the condition prescribed by paragraph 2(b) need not be satisfied in any case where the application for benefit to be paid by direct credit transfer contained a statement, or was accompanied by a written statement made by the applicant, which complied with the provisions of regulation 16A(3)(b) and (8) of the Social Security (Claims and Payments) Regulations 1979 or, as the case may be, regulation 7(2)( b ) and (6) of the Child Benefit (Claims and Payments) Regulations 1984 .
PART VI
REVISION OF DETERMINATION AND CALCULATION OF AMOUNT RECOVERABLE
Circumstances in which determination need not be revised
13
Section 53(4) of the Act (recoverability dependent on reversal, variation or revision of determination) shall not apply where the fact and circumstances of the misrepresentation or non-disclosure do not provide a basis for reviewing and revising the determination under which payment was made.
Sums to be deducted in calculating recoverable amounts
14
In calculating the amounts recoverable under section 53(1) of the Act or regulation 12, where there has been an overpayment of benefit, the adjudicating authority shall deduct —
a
any amount which has been offset under Part III;
b
any additional amount of supplementary pension or allowance which was not payable under the original, or any other, determination, but which should have been determined to be payable —
i
on the basis of the claim as presented to the adjudicating authority, or
ii
on the basis of the claim as it would have appeared had the misrepresentation or non-disclosure been remedied before the determination;
but no other deduction shall be made in respect of any other entitlement to benefit which may be, or might have been, determined to exist.
Quarterly diminution of capital resources
15
1
For the purposes of section 53(1) of the Act, where a supplementary pension or allowance has been overpaid in consequence of a misrepresentation as to capital resources or a failure to disclose their existence, the adjudicating authority shall treat those resources as having been reduced at the end of each quarter from the start of the overpayment period by the amount paid by way of supplementary pension or allowance within that quarter.
2
Capital resources shall not be treated as reduced over any period other than a quarter or in any circumstances other than those for which paragraph (1) provides.
3
In this regulation “a quarter” means a period of 13 weeks starting with the first day on which the overpayment period began and ending on the 90th consecutive day thereafter.
PART VII
THE PROCESS OF RECOVERY
Recovery by deduction from benefits
16
1
Where any amount is recoverable under sections 27 or 53(1) of the Act, or under these regulations, it shall be recoverable by the Secretary of State from any of the benefits prescribed by the next paragraph, to which the person from whom it is determined to be recoverable is entitled.
2
The following benefits are prescribed for the purposes of this regulation: —
a
subject to paragraphs (3) and (4), any benefit under the Social Security Act 1975;
b
subject to paragraphs (3) and (4), any child benefit;
c
any family income supplement;
d
any benefit payable under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, whether or not the benefit has been acquired by virtue of the provisions of that Regulation;
e
subject to regulation 17, any supplementary pension or allowance;
f
any benefit payable under the social security legislation applicable in Northern Ireland which is equivalent to benefit prescribed by paragraphs (a), (b), (c) or (e) subject to exceptions equivalent to those made by paragraphs (3) and (4).
3
Deductions may not be made from entitlement to the benefits specified in paragraph (4) except as a means of recovering an overpayment of the benefit from which the deduction is to be made.
4
The benefits specified for the purposes of paragraph (3) are guardian’s allowance, attendance allowance in respect of a child, arising under section 35(1) to (4) of the Social Security Act 1975, as modified by regulation 6 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 , and child benefit.
Limitations on deductions from supplementary pension or allowance
17
1
Regulation 16 shall apply without limitation to any payment of arrears of supplementary pension or allowance other than any arrears caused by the operation of regulation 8(1) of the Supplementary Benefit (Determination of Questions) Regulations 1980 (suspension of payments), but shall apply to the amount of pension or allowance to which a person is presently entitled only to the extent that there may, subject to regulation 18 of the Supplementary Benefit (Claims and Payments) Regulations 1981 (priority as between certain debts), be recovered in respect of any one benefit week —
a
in a case to which paragraph (2) applies, not more than the amount there specified; and
b
in any other case, 3 times 5 per cent of the single householder rate, that 5 per cent being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.
2
Where —
a
the person to whom the supplementary pension or allowance is payable is a person to whom —
i
paragraph 1(a) of the table in paragraph 2(3) of Schedule 1 to the Supplementary Benefits Act 1976 (normal requirements for person over pensionable age who has a partner) applies,
ii
paragraph 3(a) of that table (normal requirements for householders over pensionable age) applies,
iii
regulation 7 of the Supplementary Benefit (Requirements) Regulations 1983 (long-term rates for normal requirements) applies; or
iv
regulation 9(12)(a)(i) or (b)(i) of those regulations (long-term rates for normal requirements of boarders) applies; or
b
the person responsible for the misrepresentation of or failure to disclose a material fact has, by reason thereof, been found guilty of an offence under section 55 of the Act or under any other enactment, or has made a written statement after caution in admission of deception or fraud for the purpose of obtaining supplementary benefit,
the amount mentioned in paragraph (1)(a) shall be one-sixth of the weekly amount for normal requirements for the time being applicable to a person to whom paragraph 3 of the table in paragraph 2(3) of Schedule 1 to the Supplementary Benefits Act 1976 (long-term rate for householders) applies, that one-sixth being, where it is not a multiple of 10 pence, rounded to the nearest such multiple or, if it is a multiple of 5 pence but not of 10 pence, the next higher multiple of 10 pence.
3
Where in the calculation of the resources of the person to whom the supplementary pension or allowance is payable the amount of earnings or other income falling to be taken into account is reduced by regulation 10(5) or 11(5) of the Supplementary Benefit (Resources) Regulations 1981 (partial disregard of earnings or other income respectively) the weekly amount applicable under paragraph (1) may be increased by not more than half the amount of the reduction, and any increase under this paragraph has priority over any increase which would, but for this paragraph, be made under regulation 17(3) of the Supplementary Benefit (Claims and Payments) Regulations 1981 (regular payments to third parties for fuel items).
4
Regulation 16 shall not be applied to a supplementary pension or allowance so as to reduce that pension or allowance in any one benefit week —
a
in a case in which the person to whom that pension or allowance is payable is also entitled to payment of any benefit under the Social Security Act 1975 together with which, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, supplementary pension or allowance is paid, to less than 5 pence;
b
in any other case, to less than 10 pence.
5
In this regulation —
a
“benefit week” has the same meaning as in regulation 7 of the Supplementary Benefit (Determination of Questions) Regulations 1980;
b
“written statement after caution” means —
i
in England and Wales, a written statement made in accordance with the Police and Criminal Evidence Act 1984 (Codes of Practice) (No. 1) Order 1985 , or, before that order came into operation, the Judges Rules;
ii
in Scotland, a written statement duly witnessed by 2 persons.
Recovery from couples
18
In the case of an overpayment of supplementary benefit or family income supplement in respect of a married or unmarried couple, the amount recoverable by deduction, in accordance with regulation 16, may be recovered by deduction from supplementary benefit or family income supplement payable to either of them, provided that the two of them are a married or unmarried couple at the date of the deduction.
PART VIII
PREVOCATIONS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS
Revocations and consequential amendments
19
1
The regulations specified in column (1) of Part I of the Schedule to these regulations are revoked to the extent mentioned in column (2) of the Schedule.
2
The regulations specified in column (1) of Part II of the Schedule to these regulations are each amended by substituting for the passage specified in column (2) of the Schedule the words “he, or any person acting for him has, whether fraudulently or otherwise, misrepresented or failed to disclose any material fact and that the interim payment has been made in consequence of the misrepresentation or failure”.
3
The regulations revoked by paragraph (1) and those amended by paragraph (2) shall nevertheless continue in force in their existing form for the purposes of any review or appeal in relation to any question of repayment or recoverability first determined before the commencement of these regulations.
Transitional provisions
20
1
Parts II to VI shall apply to the determination of any questions first determined after the commencement of these regulations, but not to the determination on review or appeal of any question of repayment or recoverability first determined before that date.
2
Section 53(7) and (9) (recovery by deductions from benefit and recovery through the county court or sheriff court) and Part VII of these regulations (the process of recovery) shall apply to any amount recoverable or repayable under any enactment repealed by the Act or any regulations revoked by these regulations as if it was an amount recoverable under section 53(1).
3
Section 53(9) shall apply to any amount which was, or would have been, recoverable through the county court or sheriff court under enactments repealed by the Act as if it was an amount recoverable under section 53(1).
Signed by authority of the Secretary of State for Social Services
Nicholas Lyall
Parliamentary Under-Secretary of State,
Department of Health and Social Security
18th March 1987


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 8) Order 1987 and shall come into force on 24th January 1987.
2
For paragraph ( e ) of article 4 of the Export of Goods (Control) Order 1985 there shall be substituted the following:
Cocoa
cocoa beans, whole or broken, raw or roasted, and the following cocoa products namely cocoa paste (in bulk or block) whether or not defatted, cocoa butter (fat or oil) and unsweetened cocoa powder to any destination if there is produced to the proper officer of Customs and Excise at the place of export the appropriate certificate prescribed for this purpose by the economic and control rules of the International Cocoa Agreement 1986 which were adopted by the International Cocoa Council on 23rd January 1987
.
E. W. Beston
An Assistant Secretary
Department of Trade and Industry
23rd January 1987


text:
Citation and commencement
1
1
This Order may be cited as the Dorset (District Boundaries) Order 1987.
2
This Order shall come into force on 1st February 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Interpretation
2
In this Order —
“boundary map” means the map prepared by the Department of the Environment, marked “Map of the Dorset (District Boundaries) Order 1987” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“county electoral division” means an electoral division of the county of Dorset.
Transfers from the district of Purbeck to the district of North Dorset
3
1
The area of the district of Purbeck and of the parish of Bloxworth which is marked Area F on the boundary map shall be transferred to —
a
the district of North Dorset;
b
the Lower Winterborne ward of that district;
c
the parish of Anderson;
d
the Winterborne county electoral division;
e
the Sturminster and Blandford petty sessional division;
f
the Western Coroner’s district.
2
The area of the district of Purbeck and the parish of Bere Regis which is marked Area A on the boundary map and the area of the district of Purbeck and the parish of Bloxworth which is marked area C on the boundary map shall be transferred to —
a
the district of North Dorset;
b
the Lower Winterborne ward of that district;
c
the parish of Winterborne Kingston;
d
the Winterborne county electoral division;
e
the Sturminster and Blandford petty sessional division;
f
the Western Coroner’s district.
Transfers from the district of North Dorset to the district of Purbeck
4
1
The area of the district of North Dorset and of the parish of Winterborne Kingston which is marked Area B on the boundary map shall be transferred to —
a
the district of Purbeck;
b
the Bere Regis ward of that district;
c
the parish of Bere Regis;
d
the Egdon Heath county electoral division;
e
the Wareham petty sessional division;
f
the Eastern Coroner’s district.
2
The areas of the district of North Dorset and of the parish of Anderson which are marked Area D and Area E on the boundary map shall be transferred to —
a
the district of Purbeck;
b
the Bere Regis ward of that district;
c
the parish of Bloxworth;
d
the Egdon Heath county electoral division;
e
the Wareham petty sessional division;
f
the Eastern Coroner’s district.
Transfers between parishes in the district of North Dorset
5
The area of the parish of Anderson which is marked Area G on the boundary map shall be transferred to the parish of Winterborne Kingston.
Town and Country Planning
6
Any provisions of a local plan adopted by a district council which apply immediately before 1st April 1988 to an area transferred by article 3 or 4 of this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which that area is transferred.
Signed by authority of the Secretary of State.
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
23rd December 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Northumbrian Water Authority (T Nets) (Southern Area) Order 1987; unless a memorial is presented to the Minister of Agriculture, Fisheries and Food in accordance with paragraph 9 of Schedule 3 to the Act praying that it shall be subject to special parliamentary procedure , this Order shall come into force for the purposes of sub-paragraph (b) and (c) of article 2(1) on the day after the date of its confirmation by the Minister of Agriculture, Fisheries and Food and for all other purposes at the end of the period of three months beginning with that date.
2
In this Order —
“the Act” means the Salmon and Freshwater Fisheries Act 1975;
“the southern area” means those tidal waters and parts of the sea which are included in the area of the Northumbrian Water Authority between Souter Point and Horse Back, Boulby Craggs.
Modification of provisions of the Salmon and Freshwater Fisheries Act 1975
2
1
In relation to any fisheries within the southern area —
a
section 6 of the Act shall have effect as if it did not apply in the case of a T net which is not outrigged;
b
paragraph 21 of Schedule 3 to the Act shall have effect as if the words“(not being fixed engines)” were omitted.
c
paragraph 25 of that Schedule shall have effect as if the words“(not being a fixed engine)” were omitted.
2
In paragraph (1) of this article —
“T net” means a net having one or more bags, pockets or monks, a headpiece not exceeding 92 metres in length and a tailpiece not exceeding 230 metres in length, which when shot from a fishing coble in the form of a letter “T” is suspended in the water by means of floats and is or is intended to be maintained stationary by anchors or weights;
“outrigged”, in relation to a T net, means set out on the seaward side of, and in a line with, any other such net.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food
22nd April 1987.
Confirmed by the Minister of Agriculture, Fisheries and Food.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th June 1987.
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food