text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987, and shall come into force on 1st April 1987, but regulations 10, 14 and 21 shall have effect as from 1st March 1986.
2
In these Regulations“the principal Regulations”means the Local Government Superannuation Regulations 1986 , and unless the context otherwise requires &£205;expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations.
Employees of public airport companies
2
1
Where a passenger transport authority or a principal council have formed a company in pursuance of section 13 of the Airports Act 1986 —
a
that authority, or
b
any principal council of which the company is for the purposes of Part II of that Act an associated company,
may, subject to paragraph (3), with the agreement of the company, by a statutory resolution resolve that every qualified employee of the company shall for the purposes of the principal Regulations be deemed to be in employment with the body passing the resolution.
2
A qualified employee is one who —
a
during a period ending no earlier than 12 months before the start of his employment with the company was in an employment with the body passing the resolution in which he was a pensionable employee, or
b
immediately before the start of his employment with the company was in an employment with that body in which, if he had continued in it, he might have become a pensionable employee.
3
No resolution may be passed under this regulation after a scheme has come into force under section 15 of the Airports Act 1986.
4
in this regulation“principal council”means the council of a non-metropolitan county, of a district, or of a London borough.
Resolutions ceasing to have effect
3
Where —
a
a resolution has been passed under regulation 4 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 (employees of public transport companies) or regulation 2 of these Regulations, and
b
the company to which it relates makes an admission agreement,
the resolution ceases to have effect in relation to any employee who becomes an admitted employee by virtue of the agreement.
Pensionable employees
4
Regulation B1 of the principal Regulations is amended —
a
in paragraph (1), by substituting for the words“paragraphs (16) and (17)”the words“paragraphs (15A) to (17)”;
b
in paragraph (3)(a), by deleting the words“whole-time”and by inserting after the words“that body”the words“in which the contractual hours were 15 or more”;
c
in paragraph (4), by inserting after the words“whole-time”, in both places in which they occur, the words“or part-time”;
d
by inserting after paragraph (13) the following:
13A
A justices' clerk (outside the inner London area) is a pensionable employee.
13B
A registration officer is a pensionable employee.
;
e
by inserting after paragraph (15) the following:
15A
Part IV of Schedule 2 has effect for determining whether —
a
in a part-time employment in which he is not already a pensionable employee by virtue of paragraphs (2) to (15), or
b
in any whole-time employment in which the contractual weeks are fewer than 45,
an employee of a scheduled body is for the time being a pensionable employee.
15B
A person who is in a part-time employment in which he is, by virtue of paragraphs (2) to (15), a pensionable employee may at any time, by notice in writing given to the employing authority, elect to cease to be a pensionable employee in that employment from the day after the date to which the next payment of wages or salary will be calculated.
;
f
in paragraph (16), by substituting for the words“paragraph (2), (3) or (4)”the words“paragraph (2), (3), (4) or (15A)(a)”;
g
in paragraph (17) —
i
by substituting for the words“paragraphs (2) to (15)”the words“paragraphs (2) to (15A)”, and
ii
in sub-paragraph (b), by substituting for the words“a person”the words“subject to paragraph (18), a person”; and
h
by inserting after paragraph (17) the following:
18
A person —
a
who falls within paragraph (17)(b), or
b
who gave a notification under regulation G10(2) of the 1974 Regulations (certain transferred water employees electing not to be pensionable employees),
but who would otherwise be a pensionable employee by virtue of paragraph (3) may at any time, by notice in writing given to the body by whom he is employed, elect to become a pensionable employee from the day after the date to which the next payment of wages or salary will be calculated.
.
Persons treated as employees of a scheduled body
5
Regulation B2 of the principal Regulations is amended —
a
in paragraph (1), by inserting at the end of the entry in column (1) of the Table relating to members of, and directors of subsidiaries of, passenger transport executives the words“or who are pensionable employees by virtue of, or of an election under, Part IV of Schedule 2”;
b
in paragraph (2) —
i
by inserting after sub-paragraph (b) the following:
or
c
Part IV of Schedule 2, or an election under that Part,
, and
ii
by substituting for the words“who passed the resolution”the words“who passed the relevant resolution”;
c
in paragraph (4B) —
i
by substituting for the words“had effect”the words“had continued to have effect”, and
ii
by inserting after the words“he shall”the words“, unless he then becomes an admitted employee,”;
d
in paragraph (4C), by substituting for the words“had effect shall”the words“had continued to have effect shall, unless he then becomes an admitted employee,”;
e
in paragraph (4F), by deleting the words““public transport company””; and
f
by inserting after paragraph (4F) the following:
4G
Every employee of a public airport company (“the first airport company”) in relation to whom a resolution under regulation 2 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987 has effect shall for the purposes of these Regulations be deemed to be in employment with the body who passed the resolution.
4H
If a person in relation to whom such a resolution had continued to have effect becomes an employee of another public airport company (“the second airport company”) whose controlling authority —
a
is not the body who passed the resolution or a composite authority of which that body was a constituent council, but
b
is an authority which has, or a composite authority one at least of whose constituent councils has, also passed such a resolution,
for the purposes of these Regulations he shall, unless he then becomes an admitted employee, be deemed to be in employment with the controlling authority of the second airport company or, where that authority is a composite authority, with such one of its constituent councils as the authority may decide.
4I
If a person to whom paragraph (4G) or (4H) applies becomes an employee of a subsidiary of, as the case may be, the first airport company or the second airport company, the relevant paragraph continues to apply to him as if he had remained an employee of the company in question.
4J
Paragraph (4G) and paragraph (4H) cease to apply to a person if the first airport company or, as the case may be, the second airport company ceases to be a public airport company.
4K
In paragraph (4G) to (4J)“controlling authority”,“composite authority”and“constituent council”have the meanings given in section 16 of the Airports Act 1986 and“subsidiary”has the meaning given in section 82(1) of that Act.
.
Power to admit employees of other bodies
6
Regulation B3 of the principal Regulations is amended —
a
by inserting after paragraph (1) the following:
1A
Where an administering authority have under regulation P1(2) established a further fund, in relation to a body identified in the notification required by regulation P1(3) —
a
the superannuation fund referred to in paragraph (1) is the further fund, and
b
any admission agreement made before its establishment is to be construed as providing for participation in the benefits of the further fund.
; and
b
in paragraph (4), by inserting after the words“an admitted employee”the words“, or for any part-time employee to become an admitted employee otherwise than as provided in Part IV of Schedule 2, which shall, in relation to a part-time employee to whom the agreement applies, be taken to apply as if the employing body were a scheduled body described in column (1) of Part I of Schedule 2”.
Appropriate superannuation fund
7
Regulation C1 of the principal Regulations is amended by inserting after paragraph (10) the following:
11
Where an administering authority have under regulation P1(2) established a further fund —
a
references in the preceding paragraphs of this regulation to“the fund”are to be construed as references to the fund maintained by that authority under regulation P1(1), and
b
in relation to a person to whom these Regulations apply by virtue of an admission agreement with a body identified in the notification required by regulation P1(3), the appropriate superannuation fund is the further fund.
.
Payment and amount of employee’s contributions
8
Regulation C2 of the principal Regulations is amended by inserting after paragraph (5) the following:
6
For the purposes of this regulation the remuneration of a part-time employee for any period, except a period during which he was on leave of absence from duty by reason of illness or injury with reduced remuneration or without remuneration, is to be taken to be the remuneration he would have received if during that period he had worked no more and no less than the contractual hours.
.
Additional payments by certain pensionable employees in respect of previous service
9
The principal Regulations are amended by substituting for regulation C7 the following:
Additional payments by certain pensionable employees in respect of previous service
C7
1
A whole-time manual worker who becomes a pensionable employee by virtue of regulation B1(3)(c) may make a payment into the appropriate superannuation fund in order to become entitled under regulation D9 to reckon as reckonable service in relation to the employment in which he is a pensionable employee the period during which he was in that employment before becoming a pensionable employee.
2
If he was not immediately before 1st April 1987 a pensionable employee, a justices' clerk (outside the inner London area) or a registration officer may by notice in writing given to his employing authority within 12 months after that date elect to make a payment into the appropriate superannuation fund in order to become entitled under regulation D9 to reckon a period as reckonable service in relation to his local government employment.
3
The period mentioned in paragraph (2) is to be specified in the notice, and may be any period beginning after 31st March 1974 and ending with 31st March 1987 during which the person was a justices' clerk (outside the inner London area) or, as the case may be, a registration officer.
4
The amount of a payment under paragraph (1) or (2) is an amount equal to the contributions which the person would have been required to make under regulation C2 if he had throughout the period been a pensionable employee.
5
A payment under paragraph (1) is to be made, unless the employing authority allow a longer period, within 6 months after the date on which the person became a pensionable employee.
6
A payment under paragraph (2) is to be made, unless the employing authority allow a longer period, within 12 months after the date on which the person is notified by the employing authority of its amount.
7
A payment under paragraph (1) or (2) is to be treated for the purposes of these Regulations as if it consisted of contributions made under regulation C2 in respect of employment in which the person was a pensionable employee.
.
Return of employee’s contributions in certain cases
10
Regulation C12(1) of the principal Regulations is amended by substituting for the words“pensionable employee”, where first occurring, the word“person”.
Qualifying service
11
Regulation D2(2)(a) of the principal Regulations is amended by substituting for the words“regulation D10, D11 or J9(1)(b)”the words“regulation D10, D11, D12 or J9(1)(b)”.
Previous service of certain pensionable employees
12
The principal Regulations are amended by substituting for regulation D9 the following:
Previous service of certain pensionable employees
D9
1
A pensionable employee who has made a payment under regulation C7(1) is entitled to reckon as reckonable service in relation to the employment in which he became a pensionable employee the period during which he was in that employment before becoming a pensionable employee.
2
A pensionable employee who has made a payment under regulation C7(2) is entitled to reckon as reckonable service in relation to his local government employment the period in respect of which the payment was made.
.
Previous service of part-time employees
13
The principal Regulations are amended by inserting after regulation D11 the following:
Previous service of part-time employees
D12
1
A person who —
a
has become a pensionable employee by virtue of an election under paragraph 1(1) of Part IV of Schedule 2 made before 1st April 1988 or by virtue of paragraph 4 of that Part, or
b
has become a pensionable employee in a whole-time employment at any time after 31st March 1974 and before 1st April 1988 and had previously been in a part-time employment under a scheduled body,
is entitled to reckon as qualifying service in relation to the employment in which he is a pensionable employee any previous period of employment under a scheduled body after the material date, except a period which was followed by one of 12 months or more during which he was not employed by a scheduled body.
2
The material date is the earliest date from which, if Part IV of Schedule 2 had come into force on 1st April 1974, an election or, as the case may be, a deemed election by him could have had effect.
.
Death grant
14
Regulation E11 of the principal Regulations is amended —
a
in paragraph (2)(a), by substituting for the words“the deceased’s reckonable service”the words“the reckonable service taken into account in calculating the pension”; and
b
in paragraph (2)(b), by substituting for the words“his reckonable service”the words“the reckonable service taken into account in calculating the pension”.
Calculation of service in certain employments
15
Regulation E25 of the principal Regulations is amended by inserting after paragraph (2) the following:
3
Paragraph (4) applies to any period which became reckonable as reckonable service by virtue of a payment made by a registration officer under regulation C7(2) (previous service reckonable on additional payment).
4
For the purposes of calculating any benefit service in each income tax year during any period to which this paragraph applies is to be multiplied by
A B ,
where —
A is the remuneration the employee would have received during the income tax year on the assumption that there had been no discontinuance or reduction of remuneration during any absence from duty owing to illness or injury, and
B is the remuneration that would, on that assumption, have been paid during the income tax year in respect of a single comparable employment under a scheduled body in which the contractual weeks were 52.
5
In paragraph (4)“income tax year”means a period of 12 months ending with 5th April.
6
For the purposes of calculating the amount of any benefit, service during any period which became reckonable as reckonable service by virtue of paragraph 5(2)(a) or an election under paragraph 5(2)(b) of Part IV of Schedule 2 (whole-time employment in which contractual weeks are fewer than 45) shall be multiplied by
52 C ,
where C is the number of contractual weeks.
.
Gratuities
16
The principal Regulations are amended by substituting for Part K the following:
PART K
GRATUITIES
Interpretation
K1
1
In this Part, unless the context otherwise requires —
“annual rate of remuneration”means the annual rate of the employee’s remuneration in respect of the relevant employment (ascertained as if paragraphs 4 and 5 of Part V of Schedule 16 had applied) at whichever of the following times yields the highest figure::
the date on which he ceased to be employed,
12 months before that date, or
24 months before that date;
“lower earnings limit”and“upper earnings limit”mean the annual equivalents of, respectively, the lower earnings limit and the upper earnings limit in force under section 4(1) of the Social Security Act 1975 at the time at which the annual rate of remuneration falls to be ascertained; and
“service”is to be construed in accordance with paragraphs (2) to (4).
2
Subject to paragraphs (3) and (4), a person’s service is the time spent by him in employment with any scheduled body or former local authority.
3
A person’s service does not in any case include any period —
a
before attaining the age of 18 or after attaining the age of 70, or
b
in excess of a total of 40 years, or
c
in respect of which a gratuity has been granted under a local Act, section 18 of the Act of 1953, the former Regulations, or these Regulations.
4
Where regulation K2(a) or (b) applies, a person’s service does not include any period —
a
in respect of which he has retained rights in a scheme which was a relevant scheme for the purposes of regulation G14 of the 1974 Regulations, or
b
which has been or may be taken into account for the purpose of calculating any benefit under any public service scheme,
but where regulation K2(c) (death while in employment) applies it includes periods of those kinds before 1st April 1987.
Persons to whom Part K applies
K2
This Part applies to a person employed, otherwise than as a teacher, by a scheduled body if he —
a
has been employed by the body for not less than 5 years and ceases to be employed by them, or
b
has been employed by them for not less than one year and —
i
has attained the age of 60, or
ii
is incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body,
and ceases to be employed by them, or
c
has been employed by them for not less than one year and dies while in their employment.
Power to grant gratuities
K3
1
The body who employed a person to whom this Part applies may grant to him or, where regulation K2(c) (death while in employment) applies, to his widow or any other dependant of his, a gratuity which may consist of a lump sum or an annuity or both.
2
Where —
a
the gratuity granted under paragraph (1) is or includes an annuity granted to the person himself, and
b
he dies before receiving payments of the annuity of an aggregate amount equal to its capital value,
the body may grant a further gratuity by way of an annuity to his widow or any other dependant of his.
Amount of gratuity
K4
1
The amount of a gratuity, which is to be taken as including the capital value of an annuity, granted under regulation K3(1) is not to exceed
( 5 × A 100 × B ) + ( 5 × C 100 × D ) + ( 5 × E 100 × D ) ,
where —
A is the annual rate of remuneration,
B is the total of the length in years and days of the person’s service before 1st April 1987 and 50% of any war service in respect of which a period might have become reckonable as reckonable service under regulation F6 if the conditions in regulation F3(2) to (10) had been satisfied,
C is the lesser of the annual rate of remuneration and the lower earnings limit,
D is the length in years and days of the person’s service after 31st March 1987 except, in the case of a person who had not before 1st April 1987 attained the age of 55, any service which would have become reckonable as reckonable service if he had on 1st April 1987 made any election which he was entitled to make under regulation B1(18) or paragraph 1(1) or 5(2) of Part IV of Schedule 2 and, if he has made an election under regulation B1(15B), any service which would have become so reckonable if he had not made the election, and
E is any amount by which the annual rate of remuneration exceeds the upper earnings limit.
2
The capital value of an annuity granted under regulation K3(2) is not to exceed the difference between the capital value of the annuity granted under regulation K3(1) and the aggregate amount received by the person to whom that annuity was granted.
Finance
K5
The cost of a gratuity granted under this Part is not to be met out of any superannuation fund.
Application to certain bodies and employees
K6
1
This Part applies in relation to the committee of magistrates for the inner London area as if that committee were a scheduled body, and paragraphs (2) to (5) have effect for modifying its application in relation to that committee and to probation committees and magistrates' courts committees.
2
The probation committee for an area other than the inner London area are to report any decision made by them under regulation K3 to the body responsible for defraying the expenses of the committee, or, where two or more bodies contribute to the defraying of those expenses, to each of those bodies.
3
A magistrates' courts committee are to report any decision made by them under regulation K3 to the body who paid the employee’s remuneration.
4
Where a report is made under paragraph (2) or (3) above, regulation N8 has effect as if any body receiving the report were a person mentioned in paragraph (3) of regulation N8 (service of notice of appeal) and paragraph (2) of regulation N8 were omitted.
5
Any decision made under regulation K3 by —
a
the probation committee for the inner London area, or
b
the committee of magistrates for that area,
is to be reported by the committee to the Secretary of State, and has no effect until approved by him; and any gratuity granted by virtue of such an approved decision is to be paid by the Receiver for the Metropolitan Police District.
6
Where —
a
a person is employed, otherwise than as a teacher, by the governors of a voluntary school maintained but not provided by a local education authority for such education as may be provided by a local education authority under Part II of the Education Act 1944 , and
b
the local education authority have by a statutory resolution specified him as an employee, or specified a class of employees to which he belongs as a class of employees, to whom this Part is to apply,
this Part applies to him as if he were employed by the local education authority.
.
Superannuation funds
17
Regulation P1 of the principal Regulations is amended —
a
by inserting before the words“The superannuation funds”the figure“(1)”; and
b
by adding at the end the following:
2
An administering authority (other than the Severn-Trent Water Authority) who are a party to any admission agreement may establish a further superannuation fund (a“further fund”), to be maintained by them in addition to the fund they maintain under paragraph (1) (“the main fund”).
3
An authority who establish a further fund shall notify the Secretary of State forthwith, in writing, that they have done so, identifying the bodies (which must be bodies specified in regulation B3(8)) whose employees are to participate in the benefits of the further fund.
4
On the establishment of a further fund the authority shall cease to hold as part of the main fund assets of a value to be specified by an actuary, which shall then become part of the further fund.
5
When the authority first obtain under regulation P5 valuations of both the main fund and the further fund, they shall also obtain from the actuary a statement specifying the value to which further assets should in his opinion cease to be held by them as part of the main fund and become part of the further fund.
6
On a day to be selected by them, which shall be as soon as is reasonably practicable after they obtain the statement mentioned in paragraph (5), the authority shall cease to hold as part of the main fund assets to the value specified, which shall then become part of the further fund.
7
As soon as is reasonably practicable after the establishment of the further fund the authority shall obtain from the actuary consulted by them for the purposes of paragraph (5) a certificate specifying in respect of the further fund, for each remaining year of the period of 5 years to which the most recent certificate obtained by them under regulation P6 relates, the matters referred to in regulation P6(1) (common rate of employer’s contribution and any individual adjustments).
8
For each of the remaining years mentioned in paragraph (7), regulation P7 (employer’s contributions) shall in relation to any body identified in the notification required by paragraph (3) have effect as if for references to a certificate under regulation P6 there were substituted references to the certificate required by paragraph (7).
9
On the establishment of the further fund all rights to payment out of the main fund in respect of service in employment under a body identified in the notification required by paragraph (3) shall become rights to payment out of the second fund.
.
Pensions increase
18
The principal Regulations are amended by inserting after regulation P13 the following:
Pensions increase
P14
1
Where —
a
an administering authority have —
i
at any time made an admission agreement with a public transport company or a public airport company, or
ii
after 31st March 1987 made such an agreement with any other body, and
b
a pension (within the meaning of the Pensions (Increase) Act 1971 ) has become payable under these Regulations to or in respect of a person who has at any time been an admitted employee by virtue of the agreement,
the prescribed part of any increase of the pension under that Act shall be paid out of the appropriate fund.
2
The prescribed part of an increase is
A × B C ,
where —
A is the amount of the increase,
B is the length of the reckonable service attributable to the period during which the person was an admitted employee by virtue of the agreement, and
C is the length of the reckonable service taken into account in calculating the pension.
3
The reckonable service attributable to the period during which a person was an admitted employee does not include —
a
service resulting from —
i
any transfer value received, or
ii
any election under these Regulations made,
before the period began, or
b
service resulting from any election made during the period which falls to be treated for any purposes of these Regulations as service before the period began.
4
The appropriate fund is the fund which was the appropriate superannuation fund immediately before the person ceased to be an admitted employee by virtue of the agreement.
5
As soon as is reasonably practicable after making an admission agreement to which this regulation applies an administering authority shall obtain from an actuary a certificate specifying, for each remaining year of the period to which the most recent certificate obtained by them under relation P6 relates, any individual adjustment (within the meaning of that regulation) to be made in respect of the body with whom the agreement was made.
6
For the purposes of regulation P7 (employer’s contributions) an individual adjustment specified under paragraph (5) has effect as if it had been specified under regulation P6.
.
Definitions in principal Regulations
19
Schedule 1 to the principal Regulations is amended —
a
by inserting after the entry relating to the expression“Admission agreement”the following:
“Admitted employee” The meaning given in regulation B3(2).
;
b
by inserting after the entry relating to the expression“Contracted-out employment”the following:
“The contractual hours” The number of hours the employing authority are entitled to require the employee to work in each of the contractual weeks; but where there is any cyclical variation in those hours the contractual hours are the average of those hours over the cycle. “The contractual weeks” The number of weeks in every period of 12 months for which (assuming that there will be no unpaid leave of absence) wages or salary is payable to the employee.
;
c
by inserting after the entry relating to the expression“Probation Officer”the following:
“Public airport company” The meaning given in section 16 of the Airports Act 1986 .
; and
d
by inserting after the entry relating to the expression“Public service scheme”the following:
“Public transport company” The meaning given in section 72 of the Transport Act 1985 .
.
Pensionable employees
20
Schedule 2 to the principal Regulations is amended by inserting after Part III the following:
PART IV
1
1
Subject to sub-paragraphs (2) to (6), a person who is in a qualifying part-time employment may elect to become a pensionable employee in that employment.
2
Subject to sub-paragraphs (3) and (4), a qualifying part-time employment is —
a
an employment under a scheduled body,
b
an employment under a body mentioned in regulation B1(6)(a) or (b) (governors of certain educational institutions), or
c
an employment as a member of a passenger transport executive or a director of a subsidiary of a passenger transport executive,
in which the contractual weeks are 35 or more and the contractual hours are 15 or more but fewer than 30.
3
If a person is in two or more employments under a single such body, and —
a
in each of the employments the contractual weeks are 35 or more and the contractual hours are fewer than 30, and
b
the total of the contractual hours in all the employments is 15 or more,
then each of the employments is a qualifying part-time employment, but any election under sub-paragraph (1) must be made in respect of all of them.
4
An employment is not a qualifying part-time employment if —
a
it is an employment in which the person is a manual worker, unless, subject to sub-paragraph (5), he has completed 12 months' continuous employment with the same body in which the contractual hours were 15 or more, or
b
it is an employment under a scheduled body not described in column (1) of Part I, unless they have by a statutory resolution —
i
specified him as a person, or
ii
specified a class of persons to which he belongs as a class of persons,
to whom sub-paragraph (1) is to apply, or
c
it is an employment falling within sub-paragraph (2)(b), unless the local education authority have, with the general or specific consent of the employer, by a statutory resolution specified as mentioned in (b)(i) or (ii) above, or
d
it is an employment falling within sub-paragraph (2)(c), unless the passenger transport executive have by a statutory resolution specified as so mentioned.
5
An employment which would but for sub-paragraph (4)(a) be a qualifying part-time employment becomes one if the employee —
a
became employed by the body in question as a manual worker after ceasing to be employed in non-local government employment, and
b
provides that body with a declaration in writing that his pension rights under his non-local government scheme will be preserved or that he has applied, or will apply, for their transfer to the appropriate administering authority.
6
An election under sub-paragraph (1) may be made at any time by giving notice in writing to the body which will become the person’s employing authority and —
a
has effect from the day after the date to which the next payment of wages or salary will be calculated, and
b
so long as there is no break in service, and subject to sub-paragraph (7), has effect in relation to any subsequent qualifying part-time employment under that body even though not made in respect of it.
7
If the contractual hours in the employment, or as the case may be the total of the contractual hours in all the employments, in relation to which the election has effect fall below 15, the person may elect to cease to be a pensionable employee in the employment or employments.
2
If a person who is in a part-time employment under a body mentioned in paragraph 1(2) was, immediately before the commencement of that employment, a pensionable employee in a whole-time employment under that body, he remains a pensionable employee in the part-time employment unless he elects to cease to be one.
3
An election under paragraph 1(7) or 2 —
a
must be made, by giving notice in writing to the employing authority, within 6 months after the date on which the provision in question becomes applicable or such longer period as the authority may allow, and
b
has effect from the day after the date to which the next payment of wages or salary will be calculated,
and the person making it is to be treated for the purposes of these Regulations, except regulation C12 (return of contributions), as if he had on that day ceased to hold the employment or employments.
4
Where —
a
at any time after 31st March 1974 a body mentioned in paragraph 1(2) decided that a person in a part-time employment under them was in that employment a pensionable employee, and
b
he was not at that time a pensionable employee by virtue of regulation B1(2) to (15), and
c
if this Part had then been in force he could have made an election under paragraph 1(1),
he is to be treated as if this Part had then been in force and he had made such an election.
5
1
Subject to sub-paragraph (2), a person who is in a whole-time employment under a body mentioned in paragraph 1(2) in which the contractual weeks are fewer than 45 is not in that employment a pensionable employee.
2
Where a person is in such an employment —
a
if he was in the employment immediately before 1st April 1987 and the employing authority had decided that he was in the employment a pensionable employee, he remains so unless he otherwise elects, and
b
in any other case, he may elect to become a pensionable employee in the employment.
3
An election under sub-paragraph (2) may be made at any time by giving notice in writing to the employing body or, as the case may be, the body which will become the employing authority, and has effect from the day after the date to which the next payment of wages or salary will be calculated.
.
Amount to be paid for additional period
21
Schedule 4 to the principal Regulations is amended —
a
in paragraph 2, by inserting in the second column in Table 1, opposite the figure“64”in the first column, the figure“21.10”;
b
by inserting after paragraph 3 the following:
4
For the purposes of paragraphs 1 to 3, where the employee is a pensionable employee by virtue of —
a
an election or deemed election under paragraph 1(1) of Part IV of Schedule 2 (elections by part-time employees), or
b
paragraph 2 of that Part (part-time employee remaining pensionable if previously whole-time),
and the election under regulation C5 or C6 was made after 31st March 1987, references to his remuneration and to the remuneration that he would have received are to be construed as references to the remuneration that would have been paid for a single comparable whole-time employment.
.
Modification of earlier provisions as to return of contributions
22
Regulation C8 of the Local Government Superannuation Regulations 1974 shall be deemed to have had effect during the period beginning on 1st April 1974 and ending with 28th February 1986 as if in paragraph (1) —
a
for the words“a pensionable employee of an employing authority”there had been substituted the words“an employee of a scheduled body”; and
b
for the words“by that authority”there had been substituted the words“by that body”.
Modification of earlier provisions as to gratuities
23
1
Section 18 of the Act of 1953 shall be deemed to have had effect during the period beginning on 1st July 1973 and ending with 28th February 1986, and the regulation which on 1st March 1986 took effect as regulation K1 of the principal Regulations shall be deemed to have had effect, notwithstanding the provisos numbered (ii), as if they had —
a
in the circumstances described in paragraph (2) below, authorised, and
b
in the circumstances described in paragraph (3) below, required
a gratuity to be granted in accordance with paragraphs (4) to (6).
2
The circumstances mentioned in paragraph (1)(a) are that the employee was entitled to a payment out of the superannuation fund, other than a return of contributions, in the calculation of which less than the whole of his service was, at whatever length, taken into account.
3
The circumstances mentioned in paragraph (1)(b) are that the employee —
a
became a contributory employee on 1st July 1973 by virtue of regulations 5(1) and 10 to 13 of the Miscellaneous Provisions Regulations, and
b
was one of a class or description of employees in relation to whom, immediately before that date, it was the prevailing practice of the employing body to exercise beneficially their power under section 18 of the Act of 1953.
4
A gratuity granted where paragraph (1)(a) applies is not to exceed
5 × A 100 × B ,
where —
A is the annual rate of the employee’s remuneration at the date on which he ceased to be employed, ascertained as if paragraph 4 of Part V of Schedule 16 to the principal Regulations had applied, and
B is the length in years and days of the service which was not taken into account in calculating the payment mentioned in paragraph (2).
5
The gratuity to be granted where paragraph (1)(b) applies is
C D × E ,
where —
C is the length in years and days of any of the employee’s service before 1st July 1973 that was reckonable neither as contributing service nor as non-contributing service,
D is the length in years and days of all his service, and
E is the amount of the gratuity that would have been granted in accordance with the prevailing practice mentioned in paragraph (3)(b) if he had continued in that employment with the body until the date of the relevant cessation of employment and his age and the length of his service had then been such that that practice would have applied.
6
Where the employee has died in employment with the body concerned, any gratuity granted by virtue of this regulation is payable to his widow or any other dependant of his.
7
In this regulation“service” —
a
in relation to any time before 1st April 1974, has the meaning given in section 40(1) of the Act of 1937,
b
in relation to any time after 31st March 1974 and before 1st March 1986, has the meaning given in regulation A3(1) of the 1974 Regulations, and
c
in relation to any time after 28th February 1986, means time spent in employment with a scheduled body.
Transitional and supplemental
24
1
A person is not to be taken to have become a pensionable employee by virtue of regulation 4(b) of these Regulations at any time before 1st April 1986.
2
Any admission agreement made before 1st April 1987 which made provision for any part-time employees to become admitted employees is to be treated as having been varied on 1st April 1987 so as to comply with regulation B3(4) of the principal Regulations as amended by regulation 6(b) of these Regulations.
3
Paragraph (2) does not affect the position of any person who became an admitted employee before 1st April 1987.
Retrospective effect
25
1
Any resolution passed after 31st December 1986 and before 1st April 1987 which, if regulation 2 above had been in force, could have been passed under that regulation shall be treated for the purposes of the principal Regulations as having been so passed.
2
A superannuation fund established after 31st December 1986 and before 1st April 1987 by the London Residuary Body for the purposes of the principal Regulations shall be treated for those purposes as having been established under regulation P1(2) of those Regulations (inserted by regulation 17 above).
3
Where —
a
if these Regulations had come into operation on 1st April 1986, a person would at any time before 1st April 1987 have been entitled to make an election under regulation B1(15B) or (18) of the principal Regulations or under paragraph 1(1) or (7), 2 or 5(2) of Part IV of Schedule 2 to those Regulations, and
b
he gives notice of such an election within 6 months after 1st April 1987,
the election may be expressed to have effect as if these Regulations had come into operation on 1st April 1986 and the notice had been given on the first day on which he would in that case have been entitled to give notice of the election or, where that day is 1st April 1986, to have effect from that date.
Nicholas Ridley
Secretary of State for the Environment
26th February 1987


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This order may be cited as the Buckinghamshire (District Boundaries) Order 1987.
2
1
30th March 1987 is hereby specified as the day on which this order shall come into force for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
2
For all other purposes, this order shall come into operation on 1st April 1987.
Interpretation
3
In this order —
“boundary maps” means the 2 maps prepared by the Department of the Environment, marked “Maps of the Buckinghamshire (District Boundaries) Order 1987”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
“county electoral division” means an electoral division of the county of Buckinghamshire.
Transfers from the district of Chiltern to the district of Wycombe
4
1
The parts of the district of Chiltern and the parish of Penn which are marked C2, C3 and C4 on boundary map 2 shall be transferred to —
a
the district of Wycombe;
b
the Hazlemere Central ward of that district;
c
the parish of Hazlemere;
d
the Manor and Central ward of that parish;
e
the Hazlemere North county electoral division; and
f
the Wycombe petty sessional division.
2
The parts of the district of Chiltern and of the parishes of Penn and Little Missenden which are marked C1 and C5 on boundary map 2 shall be transferred to —
a
the district of Wycombe;
b
the Hazlemere East ward of that district;
c
the parish of Hazlemere;
d
the Hill Farm and Penn Road ward of that parish;
e
the Tylers Green county electoral division; and
f
the Wycombe petty sessional division.
Transfer from the district of Wycombe to the district of Chiltern
5
The part of the district of Wycombe and of the parish of Hughenden which is marked B1 on boundary map 1 shall be transferred to —
a
the district of Chiltern;
b
the Holmer Green ward of that district;
c
the parish of Little Missenden;
d
the Holmer Green ward of that parish;
e
the Missenden Ridings county electoral division; and
f
the Chiltern petty sessional division.
Transfer from the district of Wycombe to the district of South Bucks
6
The part of the district of Wycombe and of the parish of Wooburn which is marked A1 on boundary map 1 shall be transferred to —
a
the district of South Bucks;
b
the Beaconsfield West ward of that district;
c
the parish of Beaconsfield;
d
the West ward of that parish;
e
the Beaconsfield county electoral division; and
f
the Burnham petty sessional division.
Parish and district electoral arrangements in the district of Chiltern
7
The part of the Hazlemere ward of the parish of Penn and the Penn ward of the district of Chiltern which is marked DW1 on boundary map 2 shall be transferred to the Penn Street and Winchmore Hill ward of that parish and to the Coleshill and Penn Street ward of that district.
Town and Country Planning
8
Any provisions of a local plan adopted by a district council which apply immediately before 1st April 1987 to an area transferred by 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
3rd March 1987


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Temporary Registration) Amendment Rules Approval Order 1987 and shall come into force on 5th June 1987.
Norman Fowler
One of Her Majesty’s Principal Secretaries of State
15th May 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Maternity Allowance) (Work Abroad) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations —
“ the Act ” means the Social Security Act 1975;
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 1979 .
Special provision for certain persons who have been employed abroad
2
1
This regulation applies, subject to paragraph (5), for the purpose of determining entitlement to a maternity allowance in respect of a woman who —
a
has been absent from Great Britain;
b
has returned to Great Britain; and
c
throughout the whole period of her absence was ordinarily resident in Great Britain.
2
Where a woman has paid Class 1 contributions under the Act otherwise than at the reduced rate either —
a
to the full extent of her liability under regulation 120 of the Contributions Regulations; or
b
in respect of the first 52 weeks of her employment abroad by virtue of either —
i
an Order in Council made under section 143 of the Act (reciprocity with countries outside the United Kingdom), or
ii
Council Regulation No. 1408/71 EEC (application of social security scheme to employed persons and their families moving within the Community),
and employment by reference to which the liability arose continued throughout the first 52 weeks after the commencement of that liability, she shall be treated for any week in which she was in fact engaged in gainful employment as having been engaged in employment as an employed earner and as having actually paid Class 1 contributions for any weeks following the period of that liability and before the date of her return to Great Britain so far as those weeks are relevant to her claim for a maternity allowance.
3
Where —
a
a woman would have been liable to pay Class 1 contributions otherwise than at the reduced rate under regulation 120 of the Contributions Regulations but for the provisions of an Order in Council made under section 143 of the Act;
b
in relation to her case the Order does not provide for periods of insurance, employment or residence in the other country to which the Order relates to be taken into account in determining entitlement to benefit; and
c
the employment by reference to which she would have been liable under that regulation continued throughout the first 52 weeks,
she shall be treated for any week during her absence in which she was in fact engaged in gainful employment as having been engaged in employment as an employed earner and as having actually paid Class 1 contributions for each week of her absence.
4
Where —
a
a woman would have been liable to pay Class 1 contributions otherwise than at the reduced rate under regulation 120 of the Contributions Regulations but for the provisions of either an Order in Council made under section 143 or Council Regulation No. 1408/71/EEC;
b
the employment by reference to which she would have been liable under regulation 120 continued throughout the first 52 weeks from the time the liability would have commenced; and
c
the Order or the Council Regulation, as the case may be, provides for aggregation of periods of insurance, employment or residence only if an insurance period has been completed since her return to Great Britain, and an insurance period has not been so completed,
any period of insurance or employment in the other country to which that Order or Council Regulation, as the case may be, relates which falls in the 52 weeks preceding the 14th week before the expected week of confinement shall be treated as a period in respect of which she was engaged in employment as an employed earner and in which she actually paid Class 1 contributions.
5
Paragraphs (2) (except in a case to which paragraph (2)(a) applies), (3) and (4) shall not apply in relation to a claim for maternity allowance for any day in respect of which the woman concerned is entitled to a corresponding benefit under the social security scheme of the country in which she was employed.
6
Where a woman satisifies the requirements of paragraph (3)(a) or (4)(a) but the employment did not continue for 52 weeks, she shall be treated in respect of those weeks in which her employment did continue as having been engaged in employment as an employed earner and as having actually paid Class 1 contributions.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
12th March 1987


text:
Title and commencement
1
1
This Order may be cited as the Newlyn Pier and Harbour Revision Order 1987 and shall come into force on 4th December 1987.
2
The Newlyn Pier and Harbour Orders 1906 to 1951 , the Newlyn Pier and Harbour Revision Order 1968 , the Newlyn Pier and Harbour Revision Order 1978 and this Order may be cited together as the Newlyn Pier and Harbour Orders 1906 to 1987.
Interpretation
2
In this Order, unless the context otherwise requires,
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“ the Commissioners ” means the Newlyn Pier and Harbour Commissioners;
“the County Council ” means the Cornwall County Council;
“the deposited plan” and “the deposited sections” means the plan and sections prepared in triplicate, signed by an Assistant Secretary of the Ministry of Agriculture, Fisheries and Food and marked “Plan and sections referred to in the Newlyn Pier and Harbour Revision Order 1987” of which one copy is deposited at the Ministry of Agriculture, Fisheries and Food, one copy at the Department of Transport and one copy at the offices of the Commissioners;
“enactment” means any enactment, whether public general or local, and includes any Order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the harbour” means the harbour of Newlyn within the limits described in Section 6 of the Newlyn Pier and Harbour Order 1906 and includes any land or property belonging to the Commissioners;
“hovercraft” has the same meaning as in the Hovercraft Act 1968 .
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food;
“revenues” means any tolls, rates or dues or such other sums leviable by, and includes any income of, the Commissioners;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the harbour undertaking of the Commissioners as from time to time authorised by any enactment;
“vessel” means every description of vessel, however propelled or moved, and includes a hovercraft, a hydrofoil vessel, any thing constructed or used to carry persons or goods by water and, except for the purpose of levying rates, a seaplane on or in the water;
“the works” means the works authorised by article 4 (Power to construct works) and described in article 5 (Description of works) of this Order or any of them and any works constructed under article 7 (Subsidiary works) of this Order or any part of the said works and includes those works as renewed, extended, enlarged or altered or otherwise as provided under article 8 (Alteration and improvement of works) of this Order.
Incorporation of provisions of the Act of 1847
3
The provisions of the Act of 1847 (except sections 6 to 13, 16 to 19, 25 to 27, 30 to 32, 48, 49, 50, 66, 67, 79 to 82, 84 to 90, 94, 95, 97, 98 and 101) are hereby incorporated with this Order, except as expressly varied thereby and in construing those provisions:
a
the expression “the special Act” shall mean this Order and the expressions “the promoters of the undertaking” and “the undertakers” shall mean the Commissioners;
b
the meaning of the word “vessel” as defined in this Order shall be substituted for the meaning assigned to that word by section 3 of the Act of 1847;
c
section 15 of the Act of 1847 as incorporated with this Order shall have effect as if the words from “shall forfeit” to the end of the section were deleted and there were substituted therefor the words “without reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds”;
d
section 20 of the Act of 1847 as incorporated with this Order shall have effect as if the words “in addition to the lands authorised to be compulsorily taken by them under the powers of the special Act” were deleted and as if the words “may take or lease any lands” were inserted after the words “purchase of any lands”;
e
section 23 of the Act of 1847 shall be read and have effect as if the words after “the same” were omitted;
f
section 52 of the Act of 1847 in its application to the Authority and the harbour master shall extend to empower the harbour master to give directions prohibiting the mooring of vessels in any particular part or parts of the harbour;
g
section 53 of the Act of 1847 shall not be construed to require the harbour master to serve a notice in writing of his directions upon the master of a vessel but such directions may be given orally or otherwise communicated to such master;
h
section 63 of the Act of 1847 shall be read and have effect as if for the words from “penalty” to the end of the section there were substituted the words “penalty not exceeding four hundred pounds”.
Power to construct works
4
Subject to the provisions of this Order, the Commissioners may, in the lines and situations shown on the deposited plan and on the levels shown on the deposited sections, when they have acquired the necessary lands or obtained sufficient interests therein and within the limits of deviation construct and maintain the works.
Description of works
5
The works authorised by this Order are the following works in the District of Penwith in the county of Cornwall: —
Work No. 1. An extension to the jetty authorised by article 4 (Power to construct works) of the Newlyn Pier and Harbour Order 1978 increasing, in a straight line, the length of the said jetty by 90 metres or thereabouts and there terminating, the breadth of the extended jetty being 15 metres or thereabouts.
Work No. 2. A quay and jetty, including an area for the laying out and repairing of fishing nets, formed within that part of the bed and foreshore of the harbour which is to be or has been reclaimed in an area adjacent to the harbour wall in Fore Street commencing at a point 5 metres or thereabouts from the junction of the Strand with Fore Street and extending in a south easterly direction for 75 metres or thereabouts and thence in a north easterly direction for 15 metres or thereabouts and thence in a south easterly direction for 70 metres or thereabouts and thence in a south westerly direction for 20 metres or thereabouts and there terminating at the said harbour wall.
Work No. 3. A reclamation and filling in of that part of the bed and foreshore of the harbour which is to be or has been reclaimed in an area adjacent to the harbour wall in the Strand commencing at a point 38 metres or thereabouts from the junction of the Strand with Fore Street and extending in an easterly direction for 30 metres and thence in a southerly direction for 40 metres or thereabouts and thence in a north westerly direction for 30 metres or thereabouts and there terminating at the top of the slipway between the Strand and Fore Street.
Powers to cease in certain events
6
1
If the works are not substantially commenced within ten years from the coming into operation of this Order or such extended time as the Minister may in the circumstances by Order direct the powers conferred on the Commissioners by article 4 (Power to construct works) of this Order shall cease.
2
If the execution of any of the works after having been substantially commenced is virtually suspended for twelve consecutive months the said powers in respect of that work shall cease except as to so much thereof as is then completed unless the Minister by Order directs that the said powers continue and remain in force.
3
A certificate of the Minister to the effect that the works have not been substantially commenced or that they have been virtually suspended for twelve consecutive months shall for the purposes of this article be conclusive evidence of the facts stated in such certificate.
Subsidiary works
7
1
Subject to the provisions of this Order the Commissioners may from time to time erect, construct, operate and maintain and repair whether temporarily or permanently, all such works and conveniences as in the opinion of the Commissioners may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works including any additional quay or quays slipway or slipways and works for the landing, handling, buying, selling, preserving, processing, preparing for market or dealing in fish or the provision of facilities and buildings for the mending, storing, laying out or drying of nets or facilities for the benefit of fishermen using the harbour: but no such permanent works or conveniences shall be erected or constructed outside the limits of deviation.
2
On the completion of the works the Commissioners shall remove all temporary works placed by them under the powers of this article on, under or over land below the level of high water.
Alteration and improvement of works
8
Subject to the provisions of this Order, the Commissioners may from time to time maintain, renew, extend, enlarge, improve and alter the works temporarily or permanently: but nothing in this article shall authorise the Commissioners to deviate laterally beyond the limits of deviation authorised by article 10 (Power to deviate) of this Order.
Power to dredge
9
Subject to the provisions of this Order: —
1
The Commissioners may from time to time deepen, dredge, scour, cleanse, alter and improve the harbour for the purpose of affording uninterrupted means of access to the works or the accommodation of vessels thereat.
2
Subject to sub-paragraph (3), the Commissioners may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894) from time to time dredged by them from the harbour.
3
No materials of the kind described in sub-paragraph (2) shall be deposited below the level of high water otherwise than in such a position and under such conditions or restrictions as may be approved or prescribed by the Secretary of State.
Power to deviate
10
Subject to the provisions of this Order, the Commissioners in constructing the works may deviate laterally from the lines or situations thereof shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works shown on the deposited sections upwards or downwards to any extent.
Fine for obstructing works
11
Any person who intentionally obstructs any person acting under the authority of the Commissioners in setting out the lines of the works, or who moves any pole, stake, station point or bench mark established for the purpose of such setting out without reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding four hundred pounds.
Tidal works not to be executed without approval of Secretary of State
12
1
A tidal work shall not be erected, constructed, renewed, extended, enlarged, improved or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is erected, constructed, renewed, extended, enlarged or altered in contravention of this article or of any condition or restriction imposed under this article: —
a
the Secretary of State may by notice in writing require the Commissioners at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition and if, on the expiration of thirty days from the date when the notice is served upon the Commissioners, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commissioners.
Provision against danger to navigation
13
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Commissioners shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
Subject to the provisions of article 18 of this Order, if the Commissioners fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
14
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Commissioners at their own expense either to repair and restore the work, or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of thirty days from the date when a notice under this article is served upon the Commissioners, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Commissioners.
Survey of tidal works
15
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work constructed by the Commissioners or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Commis-sioners.
Lights on tidal works during construction
16
1
The Commissioners shall at or near a tidal work during the whole time of the erection, construction, renewal, extension, enlargement, improvement or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
Subject to the provisions of article 18 of this Order, if the Commissioners fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine.
Permanent lights on tidal works
17
1
After the completion of a tidal work, the Commissioners shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
Subject to the provisions of article 18 of this Order, if the Commissioners fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine.
Defence of due diligence
18
1
In any proceedings for an offence under articles 13, 16 and 17 of this Order (as the case may be), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence made under paragraph (1) of this article involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not without the leave of the court, be entitled to rely on that defence unless within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was in the possession of the person charged.
Works to form part of undertaking
19
The works shall for all purposes form part of the undertaking.
Works to be within petty sessional division of Penwith
20
So much of the works as is outside the area of the petty sessional division of Penwith in the county of Cornwall shall be deemed to be within the said area.
Borrowing powers
21
1
Subject to paragraph (2) and to any Order made under sections 1 and 3(4) of the Borrowing (Control and Guarantees) Act 1946 , the Commissioners may from time to time borrow upon the security of all or any of the revenues and property of the Commissioners and by any method they see fit, such sums of money as they may think necessary not exceeding in the aggregate twice the value of the capital and reserve held by them as certified from time to time by their auditors or one million pounds whichever is the greater.
2
In calculating for the purpose of paragraph (1) the aggregate sums of money borrowed by the Commissioners there shall be excluded any sums borrowed for use within twelve months of the date of borrowing for repayment of any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
4
For the purposes of the last foregoing paragraph, but without prejudice to the generality thereof, purposes to which capital money is properly applicable shall be deemed to include
a
the payment of any interest falling due within the five years immediately following the date of the borrowing on any sum of money borrowed by the Commissioners under this article; and
b
the repayment within twelve months of the date of borrowing of any sum for the time being outstanding by way of principal on any amount previously borrowed.
5
Article 29 of the Newlyn Pier and Harbour Revision Order 1978 is hereby revoked and all moneys borrowed by the Commissioners at the date of this Order shall be deemed to have been borrowed under the provisions of this article.
Local inquiries
22
The Secretary of State or the Minister may cause to be held such inquiries as he may consider necessary in regard to the exercise of any powers or duties conferred or imposed upon him and the giving of any consent or approval under this Order and subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the Commissioners were a local authority.
Crown rights
23
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing herein contained shall authorise the Commissioners to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of such Commissioners on behalf of Her Majesty first had and obtained for that purpose.
2
Consent under paragraph (1) may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Rights of Duchy of Cornwall
24
In particular and without prejudice to the general law concerning the applicability of Byelaws and Statutory Instruments to the Duchy of Cornwall, nothing in this Order shall extend to authorise the Commissioners to take, enter upon or interfere with any land or water, or take away or affect any rights, powers, privileges or authorities belonging to or enjoyed by His Royal Highness the Prince of Wales in right of His Duchy of Cornwall or to or by the Possessor of the Duchy of Cornwall for the time being without the consent in writing of some two or more of such of the regular officers of the said Duchy or of such other persons as may be duly authorised under section 39 of the Duchy of Cornwall Management Act 1863 , to exercise all or any of the said rights, powers, privileges and authorities by the said Order made exercisable or otherwise for the time being exercisable in relation to the said Duchy or, as the case may be, the consent of the Duke testified in writing under the seal of the Duchy of Cornwall first had and obtained.
Saving for Trinity House
25
Nothing in this Order shall prejudice or derogate from any of the rights or privileges or the jurisdiction or authority of Trinity House.
Costs of Order
26
All costs, charges and expenses of, or in connection with, the preparation, submission and making of this Order (other than costs, charges and expenses which any person is lawfully ordered to pay by the Minister or a joint committee of both Houses of Parliament or any costs, charges and expenses incurred in opposing the Order) shall be paid by the Commissioners.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th November 1987.
G W Noble
Assistant Secretary


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This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 1987.
G. I. de Deney
Clerk of the Privy Council


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Application, citation and commencement
1
1
This Order shall apply to the Black Country urban development area.
2
This Order may be cited as the Town and Country Planning (Black Country Urban Development Area) Special Development Order 1987 and shall come into force on 19th October 1987.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1971 Act ” means the Town and Country Planning Act 1971;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 ;
“the development corporation” means the Black Country Development Corporation;
“the General Development Order ” means the Town and Country Planning General Development Order 1977 ; and expressions used in this Order shall have the meaning which they bear in the General Development Order;
“new street” has the same meaning as in Part X of the Highways Act 1980 ; and
“unapproved means of access” means a means of access which is not shown in a proposal approved by the Secretary of State under section 148(1) of the 1980 Act.
Permitted development
3
Subject to the following provisions of this Order development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject —
a
to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;
b
where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading, unloading and storage of vehicles and containers, storage of materials in the open and landscaping of the site; and
c
where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.
Exception where section 45 order previously made
4
Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5
Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or where any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6
1
The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the district council in whose area the development is to be carried out.
2
The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the following authorities or persons: —
a
in the case of development consisting of the formation, laying out or alteration of an unapproved means of access to a trunk road, the Secretary of State;
b
where it appears to the development corporation that the development is likely to result in a material increase in the volume of traffic entering or leaving a trunk road or using a level crossing over a railway, the Secretary of State;
c
subject to paragraph (3) below in the case of development involving the formation, laying out or alteration of any means of access to a highway, or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified to the development corporation, the local highway authority;
d
in the case of development which appears to the development corporation to be likely to result in a material increase in the volume of traffic entering or leaving a classified road or proposed road, the route of which has been adopted by resolution of the local highway authority and notified to the corporation, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering, leaving or using such a road, the local highway authority;
e
in the case of development consisting of the laying out or construction of a new street, the local highway authority;
f
in the case of development which appears to the development corporation likely to affect land outside their area, the district council in whose area that land is situated, unless they have otherwise been formally consulted;
g
where the development consists of or includes —
i
the carrying out of works or operations in the bed or on the banks of a river or stream;
ii
the carrying out of building or other operations or the use of land for the purpose of refining or storing mineral oils and their derivatives;
iii
the use of land for the deposit of any kind of refuse or waste;
iv
the carrying out of building or other operations (other than the laying of sewers, the construction of pump houses in a line of sewers, the construction of septic tanks and cesspools serving single dwelling-houses or single buildings in which not more than ten people will normally reside, work or congregate and works ancillary thereto), or the use of land, for the retention, treatment or disposal of sewage, trade waste or sludge; or
v
the use of land as a cemetery,
the Severn Trent Water Authority;
h
where the development is of land in an area of special interest notified to the development corporation by the Nature Conservancy Council in accordance with section 28 of the Wildlife and Countryside Act 1981 , the Nature Conservancy Council, except where the council dispense with this requirement;
i
where the development is of any land on which there is a theatre, as defined in the Theatres Trust Act 1976 , the Theatres Trust;
j
where the development consists of the erection of a building (other than an alteration, extension or re-erection of an existing building or the erection of a building of a temporary character) in an area which the development corporation have been informed by the British Coal Corporation is one where coal is being or has been worked, that corporation;
k
in the case of development or a class of development specified in any direction for the time being in force under the General Development Order by which the corporation are required to consult with any authority or person, that authority or person.
3
Consultation shall not be required by virtue of paragraph (2)(c) above in relation to —
a
a highway for which the Secretary of State is the highway authority; and
b
a highway shown in proposals approved by the Secretary of State under section 148(1) except where those proposals require consultation.
4
Where this Order requires the development corporation to consult any authority or other person, the corporation shall —
a
give to that authority or other person not less than 14 days' notice of the proposed development together with particulars sufficient to identify the site and describe the development; and, where the consultation relates to an approval required by article 3(b) or (c) of this Order, particulars of the proposed approval;
b
not begin to carry out the development or grant the proposed approval until the expiration of the period of such notice; and
c
take into account any objections or other representations received from such authority or person.
5
Where any objection or representation has been made by an authority or other person consulted as aforesaid and has not been withdrawn, the development corporation shall send particulars of the proposed development and, where applicable, of the proposed approval under article 3(b) or (c) of this Order, and of the objection or representation to the Secretary of State in writing, and shall not begin the development or grant any such approval until the Secretary of State has notified the corporation that he does not intend to give a direction under article 7 of this Order in respect of the development.
Directions restricting development permitted by this Order
7
1
If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, he may direct that the permission granted by that article shall not apply to that development.
2
Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the corporation on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.
Nicholas Ridley
Secretary of State for the Environment
29th July 1987


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1
This Order may be cited as the Unlicensed Place of Refreshment Wages Council (Variation) Order 1987 and shall come into force on the 13th June 1987.
2
The scope of operation of the Unlicensed Place of Refreshment Wages Council shall be varied by the exclusion therefrom of —
a
workers who are employed in a central catering establishment;
b
workers who are employed by a local authority; and
c
workers who are employed in an industrial or staff canteen undertaking;
which exclusion is set out in paragraphs 2(8), (9) and (10) of the Schedule to this Order, and accordingly the said Wages Council shall operate only in relation to workers to whom the said Schedule applies and their employers.
3
The Schedule to the Wages Board (Unlicensed Place of Refreshment) Order 1944 , as amended by the Wages Board (Unlicensed Place of Refreshment) (Amendment) Order 1946 and the Wages Board (Unlicensed Place of Refreshment) (Amendment) Order 1947 , shall have effect as if for the Schedule thereto there were substituted the Schedule to this Order.
4
The Wages Board (Unlicensed Place of Refreshment) (Amendment) Order 1946 and the Wages Board (Unlicensed Place of Refreshment) (Amendment) Order 1947 are hereby revoked.
Signed by order of the Secretary of State.
David Trippier
Parliamentary Under Secretary of State
Department of Employment
6th May 1987


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Citation and commencement
1
This Order may be cited as the Medicines (Carbadox Prohibition) (Revocation) Order 1987 and shall come into force on 15th January 1988.
Revocation
2
The Medicines (Carbadox Prohibition) Order 1986 is revoked.
John Moore
Secretary of State for Social Services
10th December 1987
Sanderson of Bowden
Minister of State, Scottish Office
22nd November 1987
Peter Walker
Secretary of State for Wales
24th November 1987
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd November 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 18th day of December 1987.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 18th day of December 1987.
W. H. Jack
Permanent Secretary