text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1987 and shall come into force on 1st April 1987.
2
In these Regulations “the principal regulations” means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 .
Amendment to principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
For regulation 26 there shall be substituted the following regulation: —
Pharmaceutical lists
26
1
The Committee shall prepare lists, to be called the pharmaceutical lists, of the persons, other than medical practitioners and dental practitioners —
a
whose applications to be included in a pharmaceutical list have been granted by the Committee subject to and in accordance with the following provisions of this regulation, and who accordingly undertake to provide pharmaceutical services from premises in the Committee’s locality by way of the supply of drugs;
b
whose applications to be included in a pharmaceutical list have been granted by the Committee subject to and in accordance with the following provisions of this regulation, and who accordingly undertake to provide pharmaceutical services from premises in the Committee’s locality by way of the supply of appliances;
c
with whom the Committee has for the time being entered into arrangements for the provision in the Committee’s locality of oxygen concentrator services in accordance with regulation 26D,
and each such list shall contain the addresses of premises from which those services are provided and the particulars of the days and hours at which those premises are open for such provision.
2
A person, other than a medical practitioner, dental practitioner or person wishing to be included in the pharmaceutical list for the provision of oxygen concentrator services —
a
who wishes to be included in a pharmaceutical list for the provision of pharmaceutical services, other than oxygen concentrator services, from premises in the Committee’s locality; or
b
who is already included in a pharmaceutical list but wishes —
i
to open, within the Committee’s locality, additional premises from which to provide the same or different pharmaceutical services, or
ii
to change the premises from which he provides pharmaceutical services to premises within that locality from which he wishes to provide the same or different pharmaceutical services,
iii
to provide from his existing premises in that locality pharmaceutical services other than those already listed in relation to him,
shall apply to the Committee in the form set out in Part II to Schedule 4 to these regulations; and in the following provisions of this regulation “applicant” and “application” shall be construed accordingly.
3
In the case of an application to which paragraph (1)(a) or (b) applies, where the applicant intends —
a
to change within the neighbourhood the premises from which he provides pharmaceutical services, being the same services as he intends to provide from the new premises, and the Committee is satisfied that the change is a minor relocation; or
b
to provide pharmaceutical services at premises from which those services are, at the time of the application, provided by a person who is included in a pharmaceutical list prepared by the Committee in accordance with paragraph (1)(a) or (b) and the Committee is satisfied that the same services will be provided from those premises,
and, in either case, the provision of pharmaceutical services will not be interrupted (except for any period during which, under the provisions of any such scheme made under regulation 29(1)(b) which applies to him, or any such longer period as the Committee may for good cause allow, the provision of such services is not required), the application shall be granted by the Committee in accordance with the provisions of Schedule 4C to these regulations.
4
An application in any case other than those specified in paragraph (3) shall be granted by the Committee only if the Committee is satisfied in accordance with the provisions of Schedule 4C to these regulations that it is necessary or desirable to grant the application in order to secure in the neighbourhood in which the premises are located, and from which he intends to provide services, the adequate provision by persons included in the list of the services, or some of the services, specified in the application.
5
Any application to a Committee may be granted in respect of some only of the services specified in it.
6
Where an application is one which must be referred to the Rural Dispensing Committee under regulation 26A , that application shall be considered in accordance with regulation 26A or 26B , and shall be referred to the Committee for decision under paragraph (3) or (4) above only if the application is finally granted.
7
Where an application is granted by the Committee, the applicant shall be included in the relevant pharmaceutical list or lists only if, not less than 14 days before the expiry of six months after the date on which the grant was notified to him by the Committee in accordance with the provisions of Schedule 4C to these regulations, or such further period, not exceeding 24 months, as the Committee may for good cause allow, he notifies the Committee, in the form set out in Part III of Schedule 4 to these regulations, that he will, within the next 14 days, commence the provision of those services at the premises to which the application related.
8
Where, at any time after making the application, but before the expiry of the six months or such further period mentioned in paragraph (7), the applicant notifies the Committee that he intends to change within the neighbourhood the premises from which he intends to provide pharmaceutical services, being the same services named in the application, and the Committee is satisfied that the change is a minor relocation, the Committee may, subject to the provisions of Schedule 4C to these regulations, amend the premises named in the original application.
.
3
In regulation 27 (removal from the pharmaceutical list) —
a
for the words “the pharmaceutical list” in the six places where they occur, there shall be substituted the words “a pharmaceutical list”;
b
in paragraph (4)(a), after the words “a chemist” there shall be inserted the words “to apply”.
4
In regulation 28 (standards of and payments for drugs and applicances), after paragraph (3) there shall be added the following paragraph: —
4
A chemist who is included in a pharmaceutical list shall supply, in response to a request from the Secretary of State and within one month of the notification of the request, any information which the Secretary of State may require for the purpose of conducting any inquiry into the prices, payments, fees, allowances and remuneration specified in paragraph (1)(e) to (i).
.
5
In regulation 29 (schemes for securing proper pharmaceutical services) —
a
in each of paragraph (3) and paragraph (4), after the words “such scheme” there shall be inserted the words “prepared under paragraph (1)(a)”;
b
after paragraph (4) there shall be added the following paragraph: —
5
Any scheme made under paragraph (1)(b) shall provide that, where the Local Pharmaceutical Committee (“Local Committee”), or any person who is included in a pharmaceutical list, is aggrieved by a decision of the Committee pursuant to that scheme, that Local Committee or person may appeal to the Committee, and that any such appeal —
a
shall be sent to the Committee within 21 days from the date on which notification of the Committee’s decision was received by that Local Committee or person;
b
shall be determined in accordance with paragraph 4(3) to (6) and paragraphs 13 and 14 of Schedule 4C to these regulations as if it were an appeal pursuant to paragraph 4(1) of that Schedule.
.
6
In regulation 30C (functions of the dispensing sub-committee) for the reference to “regulations 26, 26A to C,” there shall be substituted a reference to “regulations 26A to C.”
7
In regulation 31 (publication of particulars) for the words “pharmaceutical list” in the three places in which they occur, there shall be substituted the words “pharmaceutical lists”.
8
In Part I of Schedule 4 (terms of service for chemists) —
a
for paragraph 3 there shall be substituted the following paragraph: —
Premises and hours
3
1
Pharmaceutical services shall be provided —
a
at each of the premises from which the chemist has undertaken to provide pharmaceutical services;
b
during the hours specified in the scheme made by the Committee under regulation 29.
2
At each of the premises at which a chemist provides pharmaceutical services he shall exhibit —
a
a notice provided by the Committee in the form set out in Part IV or Part V of this Schedule;
b
at times when the premises are not open, and in such manner as to be legible from outside the premises, a notice to be provided by the Committee in the form prescribed in Part VI of this Schedule giving the addresses of other chemists included in the same pharmaceutical list whose premises are required to be open in accordance with the said scheme at such times, and the times at which they are so open.
.
b
in paragraph 4 (dispensing of medicines and fitting of appliances), in sub-paragraph (1) for the words from “disqualified for inclusion” to “of the Act” there shall be substituted the words “disqualified for inclusion in a pharmaceutical list under section 46 of the National Health Service Act 1977”;
c
in paragraph 11 (withdrawal from pharmaceutical list) for the words “the pharmaceutical list” in the first place in which it occurs there shall be substituted the words “a pharmaceutical list”.
9
For Parts II and III of Schedule 4 there shall be substituted Parts II and III of that Schedule set out in Schedule 1 to these Regulations.
10
After Schedule 4B there shall be inserted the Schedule set out in Schedule 2 to these Regulations.
Transitional provisions
3
1
Where, before the coming into operation of these Regulations, an application is made to a Committee to which regulation 26, 26A, 26B or 26C of the principal Regulations, as in force immediately before that date, applies, but is not determined before that date, the application shall be determined by the Committee in accordance with the provisions of the principal Regulations as in force immediately before that date.
2
Where preliminary consent pursuant to regulation 26B of the principal Regulations has been granted to an applicant under that Regulation, as in force immediately before the coming into operation of these Regulations, before that date or, by virtue only of paragraph (1) above, after that date, any application to which regulation 26C of the principal Regulations applies made on or after that date shall be determined in accordance with the provisions of the principal Regulations as in force immediately before that date.
Revocations
4
Regulation 3(11) of the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1975 (which inserted regulation 26(3) of the principal Regulations), regulation 2(3)(b) of the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1983 (which inserted regulation 26(4) of the principal Regulations) and regulation 2(4)(b) and (c) of the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 4) Regulations 1985 (which substituted regulation 26(2) of, and inserted regulation 26(5) to, the principal Regulations) 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
11th March 1987


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Gipsy Encampments (County of Northumberland) Order 1987 and shall come into force on 15th October 1987.
2
The area of the County of Northumberland is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
15th September 1987


text:
Citation, commencement and extent
1
1
These regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1987, and shall come into force on 1st January 1988.
2
These regulations shall apply to Great Britain.
Interpretation
2
In these regulations —
a
“the principal regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
b
“relevant afforested land” has the same meaning as in the principal regulations.
Further amendment of principal regulations
3
Subject to regulation 10 below, the principal regulations shall be further amended in accordance with regulations 4 to 9 below.e revoked in so far as they formed part of the law of Northern Ireland.
4
In regulation 2(1) (interpretation) the definition of “relevant afforested land” shall be deleted.
5
In regulation 3 (compensatory allowances) the words “or which is relevant afforested land” shall be deleted in each of paragraphs 2(b)(i), 3(b)(ii), 4(a) and 4(b).
6
In regulation 4(2) (provisions with respect to cattle) for the words “or disposals of cows” there shall be substituted the words “of cows from relevant causes”.
7
After regulation 4(2) there shall be inserted the following paragraph —
2A
In paragraph (2) above “relevant causes” means any cause except slaughter for food.
.
8
In regulation 5(2)(c) (provisions with respect to sheep) the words “or which is relevant afforested land” shall be deleted.
9
In regulation 10 (false statements) for the reference to “£1,000” there shall be substituted a reference to “£2,000”.
Saving
10
Regulations 4, 5 and 8 of these regulations shall not have effect in relation to the payment of a compensatory allowance to any person who occupied relevant afforested land at any time between 31st December 1985 and 1st January 1988.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th December 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
One of Her Majesty’s Principal Secretaries of State
8th December 1987


text:
Title and commencement
1
These regulations may be cited as the Welfare of Livestock (Prohibited Operations) (Amendment) Regulations 1987 and shall come into operation on the day after the day on which they are made.
Amendment
2
The Welfare of Livestock (Prohibited Operations) Regulations 1982 shall be amended as follows: —
a
after regulation 3 (prohibited Operations) there shall be inserted the following regulation —
3A
Subject to the provisions of regulation 4(a) no person shall perform, or cause or permit to be performed, the following operation in relation to sheep for the time being situated on agricultural land, namely tooth grinding of sheep.
; and
b
for paragraph (a) of regulation 4 (exemptions) there shall be substituted the following paragraph —
a
any act lawfully done under the Animals (Scientific Procedures) Act 1986
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 31st January 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
26th January 1987
Nicholas Edwards
Secretary of State for Wales
28th January 1987


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Fourth Amendment) Regulations 1987 and shall come into force on 1st January 1988.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1984 shall be further amended as follows —
1
For Schedule 1 thereof there shall be substituted Schedule 1 to these Regulations.
2
For Schedule 2 thereof there shall be substituted Schedule 2 to these Regulations.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1987


text:
1
The Cheshire County Council (Forrest Way Bridge, Warrington) Scheme 1986 is hereby confirmed without modifications.
2
The said scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; the Director (Transport), Department of Transport, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE; the Cheshire County Council, County Hall, Chester, and the Warrington Borough Council, Town Hall, Warrington.
3
The Scheme will come into force on the date on which notice that it has been made is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Cheshire County Council (Forrest Way Bridge, Warrington) Scheme 1986 Confirmation Instrument 1987.
Signed by authority of the Secretary of State.
F Kendall
Regional Director North West Region
Department of Transport
13th March 1987


text:
1
This Order may be cited as the Copyright (Computer Software) (Extension to Territories) Order 1987 and shall come into force on 1st February 1988.
2
The Copyright (Computer Software) Amendment Act 1985 , except section 4(3) and (5) thereof, shall extend to the countries mentioned in Schedule 1 to this Order, subject to the modifications specified in Schedule 2 to this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Building Societies (Non-Retail Funds and Deposits) Order 1987 and shall come into force on 1st April 1987.
Amendment of section 7 of the Building Societies Act 1986
2
1
This article amends section 7 of the Building Societies Act 1986 (which empowers building societies to raise funds and borrow money) as follows.
2
In subsection (4) —
a
in paragraph (a) after “transferable” the word “bearer” shall be inserted;
b
after paragraph (a) there shall be inserted the following paragraph:
aa
transferable non-bearer instruments,
;
c
after paragraph (b) there shall be inserted the following paragraph:
bb
sums deposited otherwise than in excepting circumstances with the society by, or by a trustee for, an institution which is —
i
a recognised bank,
ii
a licensed institution, or
iii
an overseas institution,
for the purposes of the Banking Act 1979 ,
;
d
in paragraph (c) —
i
for “within (a) or (b) above” there shall be substituted “within (a), (aa), (b) or (bb) above”; and
ii
in sub-paragraph (i) after “any body corporate” there shall be inserted “, otherwise than in excepting circumstances”; and
e
in paragraph (d) —
i
for “within (a), (b) or (c) above” there shall be substituted “within (a), (aa), (b), (bb) or (c) above”;
ii
after sub-paragraph (i) the word “or” shall be deleted; and
iii
after sub-paragraph (ii) there shall be inserted the following sub-paragraphs:
iii
the manager or trustee of an appropriate personal pension scheme, or
iv
the plan manager of a personal equity plan.
.
3
In subsection (19) —
a
before the definition of “qualifying time deposit” there shall be inserted the following definitions:
“appropriate personal pension scheme” means a personal pension scheme within the meaning of the Social Security Act 1986 in respect of which an appropriate scheme certificate under section 2 thereof (appropriate schemes) is for the time being in force;
q25 “excepting circumstances” means circumstances in which shares or rights of a depositor —
i
are held by the holder as nominee on behalf only of an individual, a Scottish partnership, or a combination of individuals, of such partnerships, or of both;
ii
are subject to a relevant trust in the income of which no person who is neither an individual nor a Scottish partnership has any interest; or
iii
were held by an individual as beneficial owner at the time of his death (or represent investments so held or dividends or interest thereon) and the holder is acting as personal representative of that individual;
q25 “personal equity plan” means a plan the operation of which is subject to conditions set out in regulations for the time being in force under Schedule 8 to the Finance Act 1986 (personal equity plans);
;
b
after the definition of “qualifying time deposit” there shall be inserted the following definition:
“relevant trust” means a trust which is neither a trust established for charitable purposes only nor a trust of shares held by or sums deposited by —
i
the administrator of an approved retirement benefits scheme,
ii
the manager or trustee of an appropriate personal pension scheme, or
iii
the plan manager of a personal equity plan;
;
c
at the end of the definition of “retirement benefits scheme” the word “and” shall be deleted;
d
in the definition of “transferable instrument” after “transferable” the word “bearer” shall be inserted;
e
at the end of the definition of “transferable instrument” the word “; and” shall be inserted; and
f
after the definition of “transferable instrument” there shall be inserted the following definition:
“transferable non-bearer instrument” means an instrument which embodies a right —
i
which may, under the terms of the instrument, be held by any person, or by any person other than a person of a description specified in the instrument,
ii
express provision for the transfer of which is included in the instrument, and
iii
the transfer of which, under the terms of the instrument, does not require the consent of any person,
to receive an amount referable to a deposit with the society.
.
Effect of provisions as amended
3
Subsections (4) and (19) of section 7 of the Building Societies Act 1986, as amended by this Order, shall respectively have effect as set out in Parts I and II of the Schedule to this Order.
In witness whereof the common seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 9th March 1987.
D. B. Severn
Secretary to the Commission
We consent to this Order.
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1987


text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) (No. 4) Order 1987 and shall come into force on 6th December 1987.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 8.25 per cent. per annum.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd November 1987


text:
Title and commencement
1
This Order may be cited as the Marek’s Disease (Restriction on Vaccination) Order 1987 and shall come into force on 31st May 1987.
Extension of definition of “disease”
2
For the purposes of the Act in its application to this Order the definition of “disease” in section 88(3) of the Act is hereby extended so as to comprise Marek’s disease.
Interpretation
3
In this Order —
“the Act” means the Animal Health Act 1981;
“the appropriate Minister” means, in relation to England, the Minister and in relation to Scotland or to Wales, the Secretary of State;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to an officer of the Ministry, includes a veterinary inspector;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“poultry” means live birds of the following species, that is to say domestic fowls, turkeys, geese, ducks, guinea-fowls, pigeons, pheasants and partridges;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
Restriction on vaccination
4
No person shall vaccinate any poultry against Marek’s disease with a vaccine consisting of or containing derivatives of the Rispens strain or the SB1 strain except under the authority of a licence issued by the appropriate Minister and in accordance with the conditions subject to which the licence is issued.
Production of licences
5
Any person acting under the authority of a licence issued under this Order shall, on demand made by an inspector or by a police officer, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Offences
6
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
contravenes any provision of this order or any provision of a licence issued under it; or
b
fails to comply with any such provision or with any condition of such a licence; or
c
knowingly causes or permits any such contravention or non-compliance, commits an offence against the Act.
Local authority to enforce Order
7
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th May 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
13th May 1987
Nicholas Edwards
Secretary of State for Wales
14th May 1987


text:
1
This Order may be cited as the Tokyo Convention (Anguilla) Order 1987 and shall come into force on 17th April 1987.
2
Sections 92, 94, 95, 96, 101, 105 and 106 of the Civil Aviation Act 1982, modified and adapted as in Schedule 1 hereto, shall extend to Anguilla.
3
Section 4 of, and the Schedule to, the Tokyo Convention Act 1967 and section 5 of the Aviation Security Act 1982, modified and adapted as in Schedule 2 hereto, shall extend to Anguilla.
4
The Extradition (Tokyo Convention) Order 1971 is amended by the insertion of Anguilla in Schedule 2 thereto (territories to which the application of the Tokyo Convention is extended).
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Health Education Authority (Establishment and Constitution) Order 1987 and shall come into force on 3rd February 1987.
Establishment of the Health Education Authority
2
There is hereby established a special health authority which shall be known as the Health Education Authority (in this Order referred to as“the Authority”).
Functions of the Authority
3
1
Subject to and in accordance with such directions as the Secretary of State may give to the Authority, the Authority shall perform the functions specified in paragraph (2) of this Article and such other functions as the Secretary of State may direct the Authority to perform on his behalf.
2
The functions referred to in paragraph (1) of this Article are —
a
advising the Secretary of State for Social Services on matters relating to health education;
b
undertaking health education activity;
c
for that purpose planning and carrying out national and regional or local programmes or other activities in co-operation with health authorities, Family Practitioner Committees, local authorities and local education authorities, voluntary organisations and other persons or bodies concerned with health education;
d
sponsoring research and evaluation in relation to health education;
e
assisting the provision of appropriate training in health education;
f
preparing, publishing or distributing material relevant to health education;
g
providing a national centre of information and advice on health education;
h
exercising the Secretary of State’s functions —
i
under section 23(1) of the National Health Service Act 1977 with respect to arranging with any person or body (including a voluntary organisation) for that body to assist in providing any service under that Act;
ii
under section 23(2) of that Act with respect to making available to certain persons or bodies (including voluntary organisations) facilities and services of persons employed in connection with such facilities;
iii
under section 23(3) of that Act with respect to the agreement of terms and the making of payments in respect of facilities or services provided under section 23 of that Act;
insofar as such services are provided under that Act in pursuance of the functions specified above.
Constitution of the Authority
4
The Authority shall consist of such number of members not exceeding 20 as the Secretary of State may from time to time determine, all of whom shall be appointed by the Secretary of State and of whom —
a
one shall be Chairman;
b
one shall be appointed on nomination by the Secretary of State for Education and Science.
Norman Fowler
Secretary of State for Social Services
7th January 1987


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) Order 1987 and shall come into force on 6th April 1987.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 9 per cent. per annum.
TABLE
Section 8 of the Finance (No 2) Act 1947 (unpaid profits tax, excess profits tax and excess profits levy) Paragraph 10(1) of Schedule 7 to the Finance Act 1960 (unpaid profits tax recovered to make good loss due to taxpayer’s fault) Sections 86, 86A , 87 and 88 of the Taxes Management Act 1970 (unpaid income tax, surtax, capital gains tax, corporation tax, including advance corporation tax, development land tax, and overpaid development land tax) Paragraph 15(1) of Schedule 2 to the Oil Taxation Act 1975 (unpaid petroleum revenue tax)
3
The prescribed rate of interest for the purposes of sections 47(1) and 48(2) of the Finance (No.2) Act 1975 (supplement on overpaid income tax, surtax, capital gains tax, and corporation tax, including advance corporation tax) shall be 9 per cent, per annum.
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1987


text:
1
This Order may be cited as the Firemen’s Pension Scheme (Amendment) Order 1987 and shall come into force on 1st October 1987.
2
In this Order “the 1973 Scheme ” means the Scheme set out in Appendix 2 to the Firemen’s Pension Scheme Order 1973 .
3
In article 5(1) of the 1973 Scheme —
a
at the end of sub-paragraph (a) the word “and” shall be omitted, and
b
at the end of sub-paragraph (b) there shall be inserted the following provision —
and
c
all payments made by him to a fire authority in accordance with an election under article 80B
.
4
After Part IX of the 1973 Scheme there shall be inserted the following provisions —
PART IXA
PURCHASE OF INCREASED BENEFITS
Interpretation
80A
In this Part and in Schedule 9A —
“eligible fireman” means a person (other than a person to whom Part XII of this Scheme or article 95 applies) —
with service as a regular fireman on or after 28th October 1981, whether or not he is still so serving;
whose retirement date is, or was when he ceased so to serve, at least 9 years after the date on which he last became a regular fireman, and
who was not when he ceased so to serve, or, but for this Part, would not be on or before his retirement date, entitled to reckon 30 years' pensionable service;
“retirement date” means, in relation to a regular fireman and at any particular time, the date on which he could be required to retire on account of age if he continued to serve as such without change of rank, disregarding any extension of service under article 96 (1) effected after that time; and
“sixtieth” means, in relation to any person, a sixtieth (including a fraction of a sixtieth) of his average pensionable pay and “additional sixtieths” and the number thereof means, in relation to a person who has made an election under article 80B, the number of additional sixtieths to which that election related.
Election to purchase increased benefits
80B
1
Subject to paragraph (2) an eligible fireman may, for the purpose of reckoning an additional number of sixtieths in calculating the awards payable to, or in respect of, him by notice in writing to the fire authority elect to make payment to the authority in accordance with the following provisions of this Part.
2
A fireman shall not so exercise the right of election accorded by paragraph (1) that the aggregate number of sixtieths reckonable by him exceeds or, if he continued to serve until his retirement date, would exceed 40.
3
When the retirement date of a fireman who has exercised the right of election accorded by paragraph (1) becomes later than it was at the time of his election by reason of his subsequent promotion or the subsequent extension of his service under article 96(1), then, notwithstanding that he may derive no benefit from his election, his liability to make payment in accordance with the following provisions of this Part shall not be affected and he shall not be entitled to the repayment of any lump sum or contribution so paid.
Lump sum payments
80C
1
An eligible fireman who is serving as a regular fireman may, within twelve months of —
a
the date on which he last became a regular fireman, or
b
1st October 1987,
whichever is the later, elect under article 80B to make payment by a lump sum calculated in accordance with paragraph 1 (or, in the case of a woman, paragraph 3) of Part I of Schedule 9A.
2
An eligible fireman —
a
who has ceased to serve as a regular fireman but who was so serving on 1st October 1987, or
b
who, before 1st October 1987, was required to retire on account of age or permanent disablement under article 96(1) or 97,
may, within 12 months of 1st October 1987 elect under article 80B to make payment by a lump sum calculated in accordance with the said paragraph 1 (or, in the case of a woman, the said paragraph 3).
3
A lump sum payment under this article shall be made within three months of the date of election and, if it is not so made, the election shall be deemed for the purposes of this Part never to have been made.
Payment by periodical contributions
80D
1
An eligible fireman who is serving as a regular fireman whose retirement date falls not less than 2 years after his birthday next following 1st October 1987 may at any time —
a
within twelve months of 1st October 1987, or
b
not later than 2 years immediately preceding his retirement date,
elect under article 80B to make payment by periodical contributions calculated in accordance with paragraph 2 (or, in the case of a woman, paragraph 3) of Part I of Schedule 9A, subject however to paragraph (5).
2
Subject to the following provisions of this article and to article 80G, where a fireman so elects the periodical contributions shall be made as from the date of his birthday falling within the year beginning with the date of his election and shall continue until —
a
his retirement date as at the time of his election, or
b
the date on which he ceases to serve as a regular fireman,
whichever is the earlier.
3
Where a fireman so elects within 12 months of 1st October 1987 but less than two years before his retirement date the election shall be deemed to have been made on a date two years before the said retirement date and any arrears of contributions due by virtue of this paragraph shall be paid in a lump sum within three months of the date on which he elects:
3
Provided that where such a lump sum is not so paid, the foregoing provisions of this paragraph shall not have effect.
4
In the case of a regular fireman who has so elected and who, having retired with an ill-health pension before his retirement date, resumes service as such, the periodical contributions shall again become payable and shall continue as provided in paragraph (2).
5
Where a fireman so elects the periodical contributions payable by him for any period shall not, when aggregated with any other pension contributions (including additional and further contributions, if any) payable by him for that period, exceed 15% of his pensionable pay but, where a fireman’s periodical contributions are restricted by this paragraph, he shall make a lump sum payment of an amount determined by the Government Actuary to be the actuarial equivalent of the difference between the restricted periodical contributions payable and those which would be payable but for this paragraph.
Elections deemed to have been made on 28th October 1981
80E
1
An eligible fireman who is serving as a regular fireman and whose retirement date —
a
is less than two years after his birthday next following 1st October 1987, and
b
was on 28th October 1981, at least two years after his next birthday,
may within three months of 1st October 1987 elect under article 80B to make payment in accordance with article 80D as if this Order had come into operation on 28th October 1981.
2
Where a fireman elects as mentioned in paragraph (1) the election shall be deemed to have been made on 28th October 1981 and any arrears of contributions due by virtue of this paragraph shall be paid in a lump sum within three months of the date on which he elects:
Provided that where such a lump sum is not so paid, the foregoing provisions of this paragraph shall not have effect.
Conditions relating to the making of an election
80F
1
An eligible fireman who is serving as a regular fireman shall not be entitled to elect under article 80B to make payment by periodical contributions if he has been required to retire under article 96(4) or 97.
2
An eligible fireman shall not, if the fire authority so resolve, be entitled to elect under article 80B to make payment by periodical contributions unless he has undergone a medical examination and satisfied the authority as to his good health; and any fee payable in respect of that examination shall be paid by him.
Effect of election
80G
Subject to articles 80C(3), 80D(3) and 80E, an election made under article 80B shall take effect as from the date on which the fire authority receive notice in writing thereof and shall be irrevocable, save that where the fire authority are satisfied that the payment of periodical contributions in accordance with such an election is causing, or is likely to cause, financial hardship they may consent to the discontinuance of such contributions for such period as they think fit.
Reckoning of additional benefits
80H
1
Where a regular fireman who has made an election under article 80B and has commenced payment of periodical contributions in accordance with that election dies in service, retires with an ill-health pension, or retires on or after reaching his retirement date as at the time of his election, he shall be entitled to reckon all the additional benefits which he elected to purchase, save that where he had discontinued payment on grounds of financial hardship under article 80G he shall be entitled to reckon a proportion of such benefits determined in accordance with the formula set out in sub-paragraph (a) of Part II of Schedule 9A.
2
Subject to paragraph (3), where a regular fireman who has made an election under article 80B and paid a lump sum or commenced payment of periodical contributions in accordance with that election ceases to be a member of a brigade in circumstances other than those mentioned in paragraph (1) and with no entitlement to an award by way of repayment of his aggregate contributions other than an award under article 16D, he shall be entitled to reckon —
a
in the case of a lump sum payment, all the additional benefits which he elected to purchase, and
b
in the case of payment of periodical contributions, a proportion of such benefits determined in accordance with the formula referred to in sub-paragraph (b) of Part II of Schedule 9A.
3
Where a regular fireman retires with an ordinary pension before his retirement date as at the time of his election, the amount which he is entitled to reckon under sub-paragraph (a) or (b) of paragraph (2) shall be reduced by an amount determined by the appropriate actuarial valuation referred to in sub-paragraph (c) of Part II of Schedule 9A.
Modification of the effect of this Scheme
80I
Where a regular fireman has elected under article 80B to purchase additional sixtieths, this Scheme shall have effect in his case subject to the modifications specified in Part III of Schedule 9A.
5
After Schedule 9 to the 1973 Scheme there shall be inserted the following Schedule —
SCHEDULE 9A
PART I
PAYMENTS
Lump sum payments by men
1
1
Where a man elects under article 80B to make payment by a lump sum, the amount of such lump sum shall be the product of —
a
his number of additional sixtieths, and
b
an amount equal to the percentage of the aggregate of his pensionable pay during the appropriate period which is specified opposite his age set out in column 2 or 4 of the following Table (whichever applies in his case):
Provided that for the purposes of this paragraph —
i
where the said aggregate amount is less than the amount it would have been had he not during the said period suffered a reduction of pay during sick leave or a stoppage of pay by way of punishment, it shall be increased by the difference between the two said amounts, and
ii
where he was in receipt of pensionable pay for part only of the said period, the said aggregate amount shall be multiplied by the reciprocal of the fraction of the year for which he was in receipt of pensionable pay.
2
In this paragraph —
“the appropriate period” means the period of a year ending with the relevant date;
“his age” in relation to any person means that person’s age on his birthday which falls within the year beginning with the relevant date, and
“the relevant date” means —
in the case mentioned in article 80C (1), the date of his election, or
in the case mentioned in article 80C(2), the date of his last day of service as a regular fireman.
Payment by men of periodical contributions
2
1
Where a man elects under article 80B to make payment by periodical contributions the amount of such contributions for any period shall be the product of —
a
his number of additional sixtieths; and
b
the percentage of his pensionable pay for that period which is specified opposite his age in column 3 or 5 of the following Table (whichever applies in his case):
Provided that for the purposes of this paragraph —
i
where for any period his pensionable pay is of an amount less than the amount it would have been had he not suffered a reduction of pay during sick leave or a stoppage of pay by way of punishment, it shall be increased by the difference between the two amounts, and
ii
where for any period he is for any reason disentitled to pensionable pay, his pensionable pay for that period shall be deemed to be that which it would have been but for the disentitlement.
2
In this paragraph, “his age” in relation to any person means that person’s age on his birthday which falls within the year beginning with —
a
the date of his election, or
b
where article 80D(3) or 80E(2) applies, the date on which his election is deemed thereby to have been made.
Payments by women
Where a woman elects under article 80B to make payment either by a lump sum or by periodical contributions, the amount or rate thereof shall be such as the Government Actuary may determine to be the actuarial equivalent of the benefit to her of her election.
TABLE
(1) Age on relevant birthday Regular fireman whose retirement date, as at the date of his election, falls before his attaining the age of 60 years (2) Percentage for calculating lump sum (3) Percentage for calculating periodical contributions (4) Percentage for calculating lump sum payment (5) Percentage for calculating periodical contributions
26 33.90 1.24 27 33.90 1.29 28 33.80 1.35 29 33.80 1.41 30 33.70 1.48 31 27.30 0.96 33.70 1.56 32 26.70 1.00 33.60 1.64 33 26.30 1.04 33.60 1.73 34 26.10 1.08 33.50 1.82 35 26.00 1.12 33.40 1.92 36 26.00 1.16 33.20 2.03 37 26.00 1.21 32.90 2.15 38 25.90 1.27 32.50 2.28 39 25.90 1.33 32.10 2.42 40 25.90 1.40 31.60 2.57 41 25.90 1.48 31.00 2.74 42 25.90 1.57 30.20 2.94 43 25.90 1.67 29.20 3.18 44 25.90 1.77 28.20 3.48 45 25.90 1.88 27.30 3.85 46 25.90 2.00 26.70 4.30 47 25.90 2.14 26.30 4.84 48 25.80 2.31 26.30 5.49 49 25.80 2.52 26.60 6.28 50 25.80 2.78 27.00 7.34 51 25.80 3.10 27.50 8.91 52 25.80 3.50 28.10 11.45 53 25.80 4.02 28.70 16.44 54 25.70 4.70 29.20 55 25.70 5.60 29.60 56 25.70 6.86 57 25.80 9.05 58 25.80 13.43 59 25.90 60 26.00
PART II
RECKONING OF ADDITIONAL BENEFITS
In article 80H —
a
the formula mentioned in paragraph (1) is —
A × B C
where —
A is the fireman’s number of additional sixtieths;
B is the length of the period or, as the case may be, the aggregate lengths of the periods during which payment was made;
C is the period for which, if payment had been continuous to the date of death or retirement, payment would have been made;
b
the formula mentioned in paragraph (2) is as set out in sub-paragraph (a) save that C is the period for which, if payment had been continuous to the retirement date as at the time of election, payment would have been made; and
c
the appropriate actuarial valuation referred to in paragraph (3) is the assessment by the Government Actuary of the extent to which the value of the benefits is increased on account of being paid before the retirement date as at the time of election.
PART III
MODIFICATION OF THE EFFECT OF THE SCHEME
The modifications referred to in article 80I, subject to which this Scheme is to have effect in the case of a regular fireman who has made an election under article 80B, are as follows:
a
if he is entitled to any pension, other than an injury pension, the amount thereof as calculated under the appropriate part of Schedule 1 shall be increased by the number of sixtieths which he is entitled to reckon under paragraph (1) or (2) of article 80H;
b
references to a regular fireman’s pension, however expressed, in the following provisions, namely —
Article 21 (commutation of pension),
Schedule 2, Part I (widow’s ordinary pension), Part V (increase in widow’s pension during first 13 weeks) and Part IX (widow’s pension where fireman marries after re-tirement), Schedule 3, Part I (child’s ordinary allowance) paragraphs 3 and 5, Part III (child’s accrued allowance) and Part IV (increase in child’s allowance in certain cases during first 13 weeks); and Schedule 9, Part I (payment of transfer values) paragraph 2(1),
shall be construed as references to that pension as increased under Part IXA of this Scheme;
c
references to a pension or allowance payable in respect of a regular fireman, however expressed, in the following provisions namely —
Article 26, (widow’s gratuity by way of commuted pension); Schedule 2, Part V and Part VII, paragraph 3 (dependent relative’s special pension); Schedule 3, Part I, paragraph 5; Part III, paragraph 5; Parts IV and V (child’s gratuity by way of commuted allowance); and Schedule 9, Part I, paragraph 3(1),
shall be construed as references to that pension or allowance as increased by virtue of the operation of Part IXA of this Scheme;
d
a widow’s pension calculated under Part II or IV of Schedule 2, (except the pension for which she may elect under paragraph 2 of Part I (by virtue of Part II) or paragraph 3 of Part IV) shall be increased by an amount equal to n/120ths of her husband’s average pensionable pay (n being the number of sixtieths which he was entitled to reckon at the time of his death under paragraph (1) or (2) of article 80H);
e
a child’s ordinary allowance under Part I of Schedule 3 shall be calculated as if the amounts in paragraph 4(2)(a)(i) and (ii) of that Part were increased by the number of sixtieths which the father was entitled to reckon at the time of his death under paragraph (1) or (2) of article 80H; and
f
a child’s accrued allowance under Part III of Schedule 3 shall be calculated as if the length of the father’s half rate service and pensionable service mentioned in paragraph 3(2) of that Part were increased by a period in years or fractions of a year equal to the number of sixtieths which he was entitled to reckon at the time of his death under paragraph (1) or (2) of article 80H.
Home Office
Douglas Hurd0
One of Her Majesty’s Principal Secretaries of State
21st July 1987
We approve,
Mark Lennox-Boyd
David Light Brown
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 1987


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the routes described in Schedule 1 (the highways along these routes being in this Order referred to as “the main new trunk roads”); and
b
along the routes described in Schedule 2 which connect the main new trunk roads described in paragraphs (iii) and (iv) of Schedule 1 with the other highways at the places stated in Schedule 2 (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new highways are indicated by heavy black lines on the deposited plan.
3
Each length of highway described in Schedule 3 and indicated by narrow striped hatching on the deposited plan, shall become a trunk road as from the date on which the Secretary of State notifies the highway authority for that length that the new highways are open for through traffic.
4
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new highways that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
5
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan” means the plan folio numbered HA10/2E/260 marked “The A604 Catthorpe-Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No.2) 1987” containing a key plan and three maps bound together and numbered 1 to 3 inclusive, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new highways” means the main new trunk roads and the slip roads and “a new highway” means one of those highways;
iii
“the A604” means the length of the A604 Trunk Road which is between Thrapston in the County of Northamptonshire and Brampton in the County of Cambridgeshire, known as the Kettering-Huntingdon Road;
iv
“the Al Trunk Road” means the A1 London-Edinburgh-Thurso Trunk Road; and
v
“the A14 Trunk Road” means the length of the A14 Trunk Road in the County of Cambridgeshire which is known as the Huntingdon and Godmanchester Bypass.
3
A reference to a Schedule followed by a number is a reference to the Schedule bearing that number in this Order.
6
This Order shall come into force on 12th June 1987 and may be cited as the A604 Catthorpe-Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No.2) 1987.
Signed by authority of the Secretary of State
G.D. Crane
Regional Director, Eastern Region,
Department of Transport
1st May 1987


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway
2
i
“the deposited plan”
means the plan folio numbered HA10/2E/263 marked “The A6 London — Inverness Trunk Road (Rothwell Interchange) Order 1987” containing one map signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3EY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iii
“the A6 Trunk Road”
means the part of the A6 London — Carlisle — Glasgow — Inverness Trunk Road known as Kettering Road, Rothwell in the County of Northamptonshire.
5
This Order shall come into force on 5th February 1988 and may be cited as the A6 London — Inverness Trunk Road (Rothwell Interchange) Order 1987.
Signed by authority of the Secretary of State.
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
30th December 1987


text:
Title and commencement
1
This Order may be cited as the Infectious Diseases of Horses Order 1987 and shall come into force on 20th May 1987.
Extension of definitions of “animals” and “disease”
2
For the purposes of the Act in its application to this Order —
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise horses, asses, jennets, mules, rhinoceroses, tapirs and zebras; and
b
the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise African horse sickness, contagious equine metritis, dourine, epizootic lymphangitis, equine infectious anaemia, equine viral encephalo-myelitis and glanders (including the form of glanders commonly known as farcy).
Interpretation
3
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“the appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“approved disinfectant” means a disinfectant for the time being to receive information about horses and carcases affected or suspected of being affected with disease for the area in which such horses or carcases are;
“horse” means a horse, ass, jennet, mule, rhinoceros, tapir or zebra;
“infected place” means a place declared to be an infected place by a notice in Form A served under article 5;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“premises” includes land;
“veterinary inspector” means a veterinary inspector appointed by the Minister;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
2
Any reference in this Order —
a
to a numbered article or Schedule, is a reference to the article or Schedule bearing that number in this Order, and
b
to a lettered Form, is a reference to the Form bearing that letter in Schedule 1 to this Order.
Notification of disease
4
1
A person who has in his possession or under his charge any horse or carcase which is affected or suspected of being affected with disease (other than contagious equine metritis), and any veterinary surgeon or other person who in the course of his duties examines or inspects any such horse or carcase shall, with all practicable speed, notify the fact to a member of the police force for the area in which the horse or carcase is, or to an inspector, or to the Divisional Veterinary Officer.
2
Where notification under paragraph (1) above is given to a member of a police force or to an inspector of the local authority he shall immediately transmit the information contained in the notification by the most expeditious means —
a
in the case of a member of a police force to the Divisional Veterinary Officer and to an inspector of the local authority; and
b
in the case of an inspector of the local authority, to the Divisional Veterinary Officer.
3
Any person who, in the course of examining at a laboratory a sample of any kind originating from a horse or carcase, isolates an organism which he knows or suspects to be an organism which causes contagious equine metritis shall —
a
with all practicable speed notify the fact to the Divisional Veterinary Officer;
b
when giving such notice provide the Divisional Veterinary Officer (in so far as he is able to do so) with the following information —
i
his name and address,
ii
the name and address of the laboratory at which the organism, or suspected organism, was isolated,
iii
the identity of the horse and the name and address of the person in possession or charge of the horse,
iv
the date on which the sample was taken from the horse,
v
the date on which the organism, or suspected organism, was isolated,
vi
such further information as the veterinary inspector may reasonably require; and
c
make available to the Divisional Veterinary Officer a culture of the organism.
Declaration of infected place
5
1
If an inspector has reasonable grounds for supposing that disease exists, or has within 56 days existed, on any premises he may serve a notice in Form A on the occupier or the person in charge of the premises declaring them to be an infected place.
2
On the service of a notice in Form A under paragraph (1) above the premises shall become an infected place and be subject to such of the rules contained in article 7 as are set out in the notice and to any other rules set out in the notice for the purpose of preventing the spread of disease.
3
The rules applied to an infected place by a notice in Form A served under paragraph (1) above shall continue in force until the notice in Form A is withdrawn by a notice in Form B served by an inspector of the Ministry on the occupier or person in charge of the premises in respect of which the notice in Form A was served.
4
A veterinary inspector may at any time alter the limits of an infected place by the service of a further notice on the occupier or person in charge of such place.
Veterinary enquiry as to the existence of disease
6
1
If a veterinary inspector has reasonable grounds for supposing that disease exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that supposition.
2
For the purposes of such an enquiry a veterinary inspector may —
a
examine any horse or carcase on the premises;
b
make such tests and take such samples from any horse or carcase on the premises as he may consider necessary for the purpose of diagnosis; and
c
mark for identification purposes any horse or carcase on the premises.
3
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any horse or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an inspector or by an officer of the appropriate Minister, give such information as he possesses as to —
i
any horse or carcase which is or has been on the premises, and
ii
any other horse or carcase with which any horse or carcase which is or has been on the premises may have come into contact.
4
If, on completion of the enquiry, the veterinary inspector is of the opinion that disease exists, or has within 56 days existed, on the premises his opinion to that effect shall be subject to confirmation by or on behalf of the Chief Veterinary Officer.
5
If, on completion of the enquiry, the veterinary inspector is of the opinion that disease does not exist, and has not within 56 days existed, on the premises, or if his opinion as to the existence of disease on the premises is not confirmed by or on behalf of the Chief Veterinary Officer in accordance with paragraph (4) above, then any notice in Form A declaring the premises to be an infected place shall immediately be withdrawn by a notice in Form B served by an inspector of the Ministry on the occupier or the person in charge of the premises.
Rules to be observed in an infected place
7
1
Any premises declared to be an infected place shall be subject to such of the following rules as are set out in the notice declaring them to be an infected place, namely —
Rule 1. Any horse or carcase which is affected or suspected of being affected with disease shall be isolated from all other horses in the infected place and detained there in such manner as may be directed by a veterinary inspector.
Rule 2. No person shall move a horse or carcase into or out of the infected place, or cause or permit a horse or carcase to be so moved, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued.
Rule 3. No person shall move out of the infected place, or cause or permit to be so moved, any fodder, manure, bedding, vehicle, equipment or other thing used or intended to be used for or in connection with horses except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
Rule 4. No person shall —
enter any part of the infected place except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued, and unless he is wearing overall clothing and boots which are capable of being disinfected or which are disposable; or
leave any part of the infected place without first washing his hands and either thoroughly cleansing and disinfecting with an approved disinfectant his overall clothing and boots or removing them and leaving them on the infected place.
Rule 5. The occupier or person in charge of the infected place shall maintain a footbath containing such disinfectant as shall be specified by an inspector in a convenient position at every exit from the infected place, and shall renew the disinfectant daily and whenever so directed by an inspector.
Rule 6. The occupier of the infected place shall, if so required by a veterinary inspector, erect and maintain to the satisfaction of a veterinary inspector fly-proof screens at any place in which any horse or carcase is isolated in accordance with Rule 1 above.
Rule 7. The owner or person in charge of any horse in an infected place shall take all such steps as may be necessary to prevent it from straying from that place.
Rule 8. Notice of the death or slaughter of any horse in an infected place shall be given, with all practicable speed, to the Divisional Veterinary Officer. The carcase of any such horse shall be disposed of only with the consent, and under the direction, of the Divisional Veterinary Officer.
Rule 9. No person, other than a veterinary surgeon acting in accordance with an approval given by the Divisional Veterinary Officer, shall cut the skin of any carcase in an infected place.
Rule 10. —
A notice supplied by the appropriate Minister stating that the premises are an infected place shall be exhibited at every entrance to the infected place.
No person shall alter, remove or deface such a notice.
2
A veterinary inspector may by notice in writing served on the occupier or the person in charge of the infected place direct that —
a
such additional rules as may be specified in the notice shall apply to the infected place; or
b
any of the rules set out in the notice in Form A shall cease to apply to the infected place, or shall be modified to the extent or in the manner specified in the notice.
Disinfection or destruction of infected articles or materials
8
An inspector of the Ministry may, by notice in writing served on the owner or person in charge of any thing which is derived from or which has been used in connection with any horse or carcase in an infected place, require him to disinfect the thing with an approved disinfectant and to the inspector’s satisfaction, or to destroy it, or to surrender it to the inspector who shall arrange for its disposal.
Disposal of carcases
9
If so required by the Divisional Veterinary Officer, an inspector of the local authority shall, where there is on any premises a carcase which is affected or suspected of being affected with disease, immediately dispose of that carcase at the local authority’s expense in such manner as the Divisional Veterinary Officer shall direct.
Restrictions on premises exposed to infection
10
1
If an inspector has reasonable grounds for supposing —
a
that disease may spread to any premises; or
b
that there is or has within 56 days been on any premises a horse which has been exposed to disease,he may serve a notice in Form C on the occupier or person in charge of those premises.
2
on the service of a notice in Form C and until the notice expires or is withdrawn in accordance with paragraph (3) below —
a
no person shall move, or cause or permit to be moved, any horse or carcase on to or out of the premises to which the notice relates, except under the authority of a licence issued by an inspector of the Ministry and in accordance with any conditions subject to which the licence is issued;
b
no person shall move out of the premises to which the notice relates, or cause or permit to be so moved, any fodder, manure, bedding, vehicle, equipment or other thing used for or about any horse except under the authority of a licence granted by an inspector of the Ministry and in accordance with any conditions subject to which the licence is issued;
c
no person shall allow any horse to stray from the premises to which the notice relates; and
d
the premises shall be subject to such other restrictions, specified in the notice, as the inspector may consider necessary for the purpose of preventing the spread of disease.
3
A notice in Form C shall remain in force for such period as may be specified therein or until it is withdrawn by a notice in Form D served by an inspector on the occupier or person in charge of the premises to which the notice in Form C relates.
Cleansing and disinfection
11
1
A veterinary inspector may, by notice in writing served on the occupier of any premises in which there is or has been within 56 days been a horse or carcase which is affected or suspected of being affected with disease, require him to cleanse and disinfect with an approved disinfectant those premises at his own expense, in accordance with the provisions of paragraphs 1 and 2 of Schedule 2 to this Order, and within such period as may be specified in the notice.
2
A veterinary inspector may by notice in writing served on the owner or person in charge of any vehicle which is used or has at any time during the previous 56 days been used for the carriage of a horse or carcase which is affected or suspected of being affected with disease, require him to cleanse and disinfect with an approved disinfectant at his own expense, —
a
the vehicle; and
b
any apparatus or other thing used in connection with the carriage of any such horse or carcase in the vehicle,
in accordance with the provisions of paragraph 3 of Schedule 2 to this Order, and within such period as may be specified in the notice.
3
If any person on whom a notice is served under paragraph (1) or (2) above fails to comply with the requirements of the notice, an inspector or other officer of the Ministry or an inspector of the local authority may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any reasonable expenses incurred by an inspector or other officer of the Ministry or by an inspector of the local authority shall be recoverable as a civil debt by the Minister, or, as the case may be, by the local authority from the person in default.
Marking of horses
12
An inspector may, for the purposes of this Order, mark, or cause to be marked, any horse.
Power of Ministry inspectors to prohibit or control movement
13
1
If an inspector of the Ministry has reasonable grounds for supposing that the movement of any horse, carcase or other thing on to or out of any premises would give rise to the risk of the spread of disease he may —
a
by notice served on the occupier or person in charge of the premises, prohibit the movement of any horse, carcase or other thing on to or out of the premises; or
b
by notice served on the owner of the horse, carcase or other thing, impose such conditions in respect of its movement as he considers necessary.
2
A notice served under paragraph (1) above shall remain in force for such period as may be specified therein or until it is withdrawn by a further notice served by an inspector of the Ministry on the person on whom the notice was served.
Offences
14
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any horse by or under any provision of this Order; or
b
contravenes any provision of this Order or any provision of a licence, approval or notice issued, granted or served under this Order; or
c
fails to comply with any such provision or with any condition of such a licence, approval or notice; or
d
knowingly causes or permits any such contravention or non-compliance, commits an offence against the Act.
Local authority to enforce Order
15
The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
Revocation
16
The Orders listed in Schedule 3 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th April 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
23rd April 1987
Nicholas Edwards
Secretary of State for Wales
23rd April 1987


text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) (No. 3) Order 1987 and shall come into force on 6th September 1987.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 9 per cent. per annum.
Peter Lloyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th August 1987


text:
1
The Principal Order is hereby varied by substituting for the lengths of the new road described in Schedule 1 to this Order (hereinafter referred to as“the superseded lengths”) new lengths of highway along the routes described in Schedule 2 to this Order (hereinafter referred to as the“substituted lengths”).
2
The effect of the variation to the Principal Order made by Article 1 of this Order is shown on the deposited plan, the superseded lengths being shown by thin black hatching on the said plan and the substituted lengths being shown by a solid black line on that plan.
3
In this Order: —
“the deposited plan”means the plan numbered HA10/2 WO51 marked the Swansea — Manchester Trunk Road (Newbridge, Ruabon and Johnstown By-pass and Slip Roads) Order 1982 (Variation) Order 1987 signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Penarth Road, Cardiff where it may be inspected free of charge at all reasonable hours;
“the new road”means the new trunk road described in Schedule 1 to the Principal Order,
“the Principal Order”means the Swansea — Manchester Trunk Road (Newbridge, Ruabon and Johnstown By-pass and Slip Roads) Order 1982 .
This Order shall come into force on the 6th April 1987 and may be cited as the Swansea — Manchester Trunk Road (Newbridge, Ruabon and Johnstown By-pass and Slip Roads) Order 1982 (Variation) Order 1987.
Signed by authority of the Secretary of State
G. Mercer
Director of Highways Welsh Office
23rd February 1987


text:
Title and commencement
1
This Order may be cited as the Warble Fly (England and Wales) (Amendment) Order 1987 and shall come into force on 11th September 1987.
Amendment
2
The Warble Fly (England and Wales) Order 1982 shall be amended as follows —
a
in paragraphs (1), (3) and (4) of article 5 (veterinary enquiry and service of notices) after the word “affected” there shall be inserted the words “or suspected”;
b
in article 6 (contents and effects of notices) —
i
in paragraph (1)(a), (c) and (d) for the word “shall” there shall be substituted the word “may”;
ii
in paragraph (1)(a) after the words “within the autumn period” there shall be inserted the words “or between such dates in the autumn period as may be specified in it.”; and
iii
after paragraph (2) there shall be inserted the following paragraph —
3
Where a notice in Form A prohibits the movement of any animal in accordance with paragraph (1)(d) above but does not impose any other requirement, a veterinary inspector may by a further notice in writing amend that notice so as to impose any one or more of the requirements mentioned in paragraph (1) above
.;
c
for article 7 (autumn treatment) there shall be substituted the following article —
7
If a veterinary inspector knows or has reasonable grounds for suspecting that, at any time during the current calendar year before the beginning of the autumn period, —
a
any animal was affected;
b
an affected animal was present on any premises; or
c
an animal which has or which may have been exposed to infection by warble fly was present on any premises,
he may, at any time after the end of the spring period and before the end of the autumn period in that year, serve a notice in Form A on the owner or person in charge of the animal, or of any animal on the premises, as the case may be; and in this case the notice in Form A shall require the treatment to be carried out during the autmn period or between such dates in the autumn period as may be specified in it.
; and
d
for Form A in the Schedule there shall be substituted the following Form —
FORM A
ANIMAL HEALTH ACT 1981
Warble Fly (England and Wales) Order 1982 (as amended)
(Articles 5, 6 and 7)
NOTICE OF MOVEMENT RESTRICTIONS AND TREATMENT
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th September 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
24th August 1987 Delete if inappropriate


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


text:
1
1
These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) (Amendment) Regulations 1987 and shall come into force on 15th August 1987.
2
In these Regulations a reference to the Aided Pupil Scheme is a reference to the scheme described in Schedule 1 to the Education (Grants) (Music and Ballet Schools) Regulations 1985 .
2
In the Aided Pupil Scheme —
1
in sub-paragraphs (3) and (4) of paragraph 7 (deduction for dependent relatives) for the sum “£900” there shall be substituted the sum “£950”;
2
in sub-paragraph (2) of paragraph 12 (remission of fees — boarding pupils) for the sum “£5,859” there shall be substituted the sum “£6,002”;
3
for the Table in the said paragraph 12 there shall be substituted the following Table —
TABLE
(1) (2) (3) Part of the 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% That part (if any) which exceeds £10,383 10% 7.5%
4
in sub-paragraph (2) of paragraph 13 (remission of fees — day pupils) for the sum “£7,359” there shall be substituted the sum “£7,539”;
5
in sub-paragraph (3) of the said paragraph 13 for the sum “£7,210” there shall be substituted the sum “£7,390”;
6
in sub-paragraph (2) of paragraph 15 (remission of charges for meals — day pupils) for the sum “£5,773” there shall be substituted the sum “£5,917”;
7
for sub-paragraphs (3) and (4) of paragraph 16 (uniform grants) there shall be substituted the following sub-paragraphs —
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 uniform 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 uniform grant which would fall to be paid in pursuance of this sub-paragraph in an aided pupil’s first year at the school may be paid during the period commencing on 15th August 1987 and ending when that year begins.
4
Except where sub-paragraph (3) applies, uniform 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
;
8
in sub-paragraph (1) (a) of paragraph 22 (school travel grants) for the sum “£6,819” there shall be substituted the sum “£6,985” and in sub-paragraph (1) (b) of that paragraph for the sum “£6,638” there shall be substituted the sum “£6,804”;
9
in paragraph 3 of the Appendix (computation of income) —
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 made 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),
.
3
To Schedule 2 to the Education (Grants) (Music and Ballet Schools) Regulations 1985 there shall be added the following paragraph —
Corporal Punishment
12
No person shall be debarred from receiving education under the Aided Pupil Scheme (whether by refusing to select him, suspending his attendance or otherwise) by reason of the fact that section 47 of the Education ( No. 2) Act 1986 applies in relation to him, or if he were selected might so apply.
.
Kenneth Baker
Secretary of State for Education and Science
23rd July 1987


text:
1
This Order may be cited as the Value Added Tax (Imported Goods) Relief (Amendment) Order 1987 and shall come into force on 9th March 1987.
2
In Group 8, Item 8 of Schedule 2 to the Value Added Tax (Imported Goods) Relief Order 1984 for “£6” there shall be substituted “£7”.
Peter Lloyd
Tim Sainsbury
Two of the Lords Commissioners of Her Majesty’s Treasury
9th February 1987


text:
1
This Order may be cited as the Islington (Prescribed Routes) (No. 4) Traffic Order 1985 (Variation) Order 1987 and shall come into force on 14th December 1987.
2
The Islington (Prescribed Routes) (No. 4) Traffic Order 1985( ) shall be varied and have effect as though for article 9 of that Order there were substituted the article similarly numbered in the Schedule to this Order.
Signed by authority of the Secretary of State
R. M. C. Edridge
Director (Transport) London Regional Office of the
Department of Transport
8th December 1987


text:
1
The Buckinghamshire County Council H8 Standing Way (Canal Bridge) Scheme 1987 hereinafter referred to as “the Scheme” is hereby confirmed without modification.
2
The said Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, and at the offices of the Buckinghamshire County Council, County Hall, Aylesbury.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Buckinghamshire County Council H8 Standing Way (Canal Bridge) Scheme 1987 Confirmation Instrument 1987.
Signed by authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
15th December 1987