text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1987 and shall come into force on 29th April 1987.
2
In these Regulations, unless the context otherwise requires–
“approval” unless otherwise stated includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the Health and Safety at Work etc. Act 1974;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to–
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ,
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by Regulation 7(3) of the Mines and Quarries Act 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered Regulation or Schedule is a reference to the Regulation of, or Schedule to, these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the Regulation or Schedule in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in columns 2, 3 and 4 of that Part.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below:–
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees payable in respect of approval of respiratory protective equipment, blasting helmets and automatic safe load indicators
3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval–
a
of respiratory protective equipment–
i
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act,
ii
under the Control of Lead at Work Regulations 1980 , and
iii
under the Ionising Radiations Regulations 1985 ;
b
of blasting helmets under the Factories Act 1961, or any regulations made or having effect as if made under that Act; and
c
of automatic safe load indicators under the Construction (Lifting Operations) Regulations 1961 , and the Shipbuilding and Ship-Repairing Regulations 1960 .
2
The fee payable for approval of each subject matter described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974 and the Poisonous Substances in Agriculture Regulations 1984
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under–
a
the Agriculture (Tractor Cabs) Regulations 1974 ; and
b
the Poisonous Substances in Agriculture Regulations 1984 .
2
The fee payable for the approval of each matter described in column 1 of Part I of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Part.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval of respiratory protective equipment can be granted under the Poisonous Substances in Agriculture Regulations 1984, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval, and the fee shall be that specified in column 2 of Part II of Schedule 3.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable for a licence of each subject matter described in column 1 of Schedule 5 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for examination by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6–
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Asbestos (Licensing) Regulations 1983, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2) of this Regulation.
Fee for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980.
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services and for the annual reasessment of an approval of dosimetry services previously granted.
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, and the fee for annual reassessment of such approval in respect of each such matter shall be that specified in column 3 of that Schedule.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 and under the Gas Cylinders (Conveyance) Regulations 1931
10
1
Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable by the applicant to the Executive on each application being made for each purposes specified in column 1 of Parts III, IV , V and VI of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 of those Parts.
4
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VII of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations, irrespective of the date of the application for that licence, transfer or renewal.
Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983
12
A fee shall be payable to the Health and Safety Executive by the applicant if any testing is carried out by or on behalf of the Executive with the agreement of the applicant in connection with any purpose specified in column 1 of Schedule 10, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Schedule for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.
Calculation of hours worked
13
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under Regulation 3(2), 4(3), 10(4) or 12 no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Revocations
14
The Regulations specified in columns 1 and 2 of Schedule 11 are hereby revoked to the extent specified in column 3 of that Schedule.
Northern Ireland
15
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State
David Trippier
Parliamentary Under Secretary of State
Department of Employment
30th March 1987


type: legislation

jurisdiction: UK

text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Wages Councils (Notices) (No. 2) Regulations 1987 and shall come into force on 25th November 1987.
2
The Wages Councils (Notices) Regulations 1987 are hereby revoked.
Interpretation
2
In these Regulations, “ the Act ” means the Wages Act 1986.
Publication of notices of proposal to make an order
3
1
Before making an order under section 14 of the Act a wages council shall publish notice of any rate or limit which the council proposes to fix under subsection (1) of that section, and, subject to paragraph (2) that notice shall be published in the London and Edinburgh Gazettes.
2
Where the issue of the London or Edinburgh Gazette in which the notice was expected to appear does not contain the notice, or where the council has reason to believe that the issue of the London or Edinburgh Gazette in which it wishes the notice to appear will not be published or will be published late, the council may publish the notice in an English national daily newspaper instead of the London Gazette or, as the case may be, in a Scottish national daily newspaper instead of the Edinburgh Gazette.
3
The date to be taken for the purposes of the Act as the date of publication of a notice to which paragraph (1) refers shall be the first or only date on which the notice is published in England and Scotland or, if the notice is published on different dates in those countries, the date on which it is first published in the country in which it is published second.
Notice to employers of proposals
4
1
A wages council shall send to every employer appearing to the council to be affected by proposals it has made under paragraph 1 of Schedule 3 to the Act a notice fulfilling the requirements of paragraphs (2) and (3) below.
2
The notice referred to in paragraph (1) shall —
a
set out the contents of the notice referred to in regulation 3;
b
state the date from which the council intends its proposals to come into force;
c
state the place where further copies of the proposals may be obtained;
d
state the period, being a period of not less than 28 days beginning with the date of publication of the notice referred to in regulation 3, within which written representations with respect to the proposals may be sent to the council;
e
state that the order will not apply to workers under the age of 21.
3
a
Subject to sub-paragraph (b), the notice referred to in paragraph (1) shall also give short and, so far as practicable having regard to that requirement, legally accurate explanations of —
i
the way in which any rate or limit which will have effect (or continue to have effect) if an order implementing the proposals is made, will apply to time workers under section 14(1) and (2) of the Act and, where the council operates in relation to piece workers, to piece workers under sections 14(3) and 15(1) and (2) of the Act;
ii
the effect of section 14(5) of the Act and, where the council operates in relation to piece workers, of section 15(4) of the Act on the way in which any such rate will apply to time to which that section or those sections apply, specifying separately, where the council operates in relation to homeworkers who are time workers, the effect of section 14(5) in relation to those workers and, where the council operates in relation to homeworkers who are piece workers, the effect of section 15(4) in relation to those workers;
iii
the requirement on employers contained in regulation 6(1) to post notices and, where the council operates in relation to homeworkers, the requirement on employers under regulation 6(2) to send notices.
b
No explanation as required by sub-paragraph (i) of paragraph (3)(a) shall be given where —
i
the council does not operate in relation to any piece workers; and
ii
no limit will have effect if an order implementing the proposals is made.
Notice to employers of orders made under section 14 of the Act.
5
As soon as a wages council has made an order under section 14 of the Act, the council shall send to every employer appearing to the council to be affected thereby a notice which, in addition to stating that the order has been made and describing its contents —
a
states that the order does not apply to workers under the age of 21;
b
contains explanations of the matters specified in paragraph (3)(a)(i), (ii) and (iii) of regulation 4 being explanations which, in relation to the matters specified in paragraph 3(a)(i), reflect where appropriate the exception in paragraph 3(b) of regulation 4, and which, in relation to the matters specified in paragraph 3(a)(i) and (ii), are framed by reference to the application of any rate or limit which has effect but otherwise comply with the requirements of paragraph 3(a);
c
where the order amends or partially revokes a previous order made by the council, contains particulars of the matters previously in force left unaffected by the amendment or revocation and indicates the matters amended or revoked.
Posting and sending of notice by employers.
6
1
An employer of any workers who are affected by any proposal under paragraph 1 of Schedule 3 to the Act, or order under section 14 of the Act, shall, on receipt of the notice referred to in regulation 4(1) or the notice referred to in regulation 5, post up and keep posted up at any place of business of his where any such workers work clear copies of the notice in such positions and numbers as will ensure that a copy can easily be seen and read by each such worker.
2
An employer of any homeworker affected by any proposal under paragraph 1 of Schedule 3 to the Act, or order under section 14 of the Act, shall, on receipt of the notice referred to in regulation 4(1) or the notice referred to in regulation 5, send to each such homeworker at his last known address, a clear copy of that notice.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
23rd October 1987


text:
1
This Order may be cited as the Aberdeen and District Milk Marketing Scheme (Amendment) Approval Order 1987 and shall come into force on 1st May 1987.
2
The amendments to the Aberdeen and District Milk Marketing Scheme 1984 set outin the Schedule to this Order are hereby approved.
John J. MacKay
Parliamentary Under Secretary of State,Scottish Office
New St. Andrew’s House,
Edinburgh
21st April 1987


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Belgium) Order 1987.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in the Schedule to this Order have been made with the Government of the Kingdom of Belgium with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Belgium;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Belgium concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
G I de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Housing Association Shared Ownership Leases (Exclusion from Leasehold Reform Act 1967 and Rent Act 1977) Regulations 1987 and shall come into force on 11th December 1987.
2
The requirements or circumstances prescribed, for the purposes of the conditions in paragraph 3(2)(c), (e) and (f) of Schedule 4A (“Schedule 4A”) to the Leasehold Reform Act 1967 and the conditions in section 5A(2)(c), (e) and (f) of the Rent Act 1977, are those set out in Schedule 1 to these Regulations.
3
The matters prescribed for the purposes of paragraph 4 of Schedule 4A are those set out in Schedule 2.
Nicholas Ridley
Secretary of State for the Environment
9th November 1987
Peter Walker
Secretary of State for Wales
13th November 1987


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Housing Benefits (Subsidy) Order 1987, shall come into force on 16th November 1987.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Social Security and Housing Benefits Act 1982;
“scheme” means either a statutory scheme in accordance with section 28 of the Act or a local scheme in accordance with section 30 thereof;
“subsidy” means rate rebate subsidy, rent rebate subsidy or rent allowance subsidy under section 32 of the Act;
“ the Regulations ” means the Housing Benefits Regulations 1985 ,
and other expressions have the same meaning as in the Regulations.
Amount of subsidy
2
The amount of an authority’s subsidy for the year beginning 1st April 1987 shall be calculated, for the purposes of section 32(2) of the Act (subsidies to authorities), by adding together the amounts in articles 3, 4 and 6 of this Order.
Rebates or allowances
3
The amount of subsidy for the year in relation to an authority listed in column (1) of the Schedule to this Order shall include an amount calculated by reference to the rebates or allowances granted by that authority being —
a
in the case of an authority granting rebates or allowances under the statutory scheme during the year or any part of it, the percentage specified in relation to that authority in column (2) or (3) of the said Schedule, as may be appropriate, of the total of rebates or allowances so granted; or
b
in the case of an authority granting rebates or allowances under a local scheme within the meaning of section 30 of the Act (local schemes) during the year or any part of it, the percentage specified in relation to that authority in column (2) or (3) of the said Schedule, as may be appropriate, of the total of rebates or allowances which would have been granted under the statutory scheme,
less, in either case, any deductions specified in article 5 of this Order which fall to be made from that total.
Administration costs
4
An authority’s subsidy for the year shall include an amount calculated by reference to the costs of administering rebates or allowances being —
a
for a new town corporation, the Scottish Special Housing Association, or the Development Board for Rural Wales, 100%; and
b
for an authority other than one specified in paragraph (a) of this article —
i
in England, 60%,
ii
in Scotland, 65%,
iii
in Wales, 70%,
of costs reasonably incurred by the authority during the year in administering its scheme.
Deductions from subsidy in respect of rebates or allowances
5
The deductions referred to in article 3 of this Order are deductions of the following amounts:
a
where a tenant of an authority is or, if he were not in receipt of a rent rebate, would be able to choose whether or not to be provided with any services, facilities or rights or to choose whether or not to provide those services, facilities or rights for himself (whether or not in return for an award or grant from the appropriate authority) while continuing to occupy, or, as the case may be, when entering into occupation of, a dwelling as his home either under his existing tenancy agreement or by entering into a new agreement, the amounts attributable to those items (whether or not those amounts form part of the sum fixed as rent or are otherwise reserved as rent);
b
where a person is, will be, or may become, entitled to a rent-free period which does not fall to be taken into account in calculating the amount of rent rebate to which he is entitled in accordance with the Regulations, the amount of rebate which is payable to him for the period beginning with the date of the award and equal to the length of the award;
c
where a person in respect of whom a certificate issued under regulation 9 of the Regulations (person on supplementary benefit) is for the time being in force is charged a rent higher than that charged to any of the authority’s other tenants in respect of a similar dwelling and is so charged for a reason relating to the fact that regulation 9 of the Regulations applies to him, the amount of rebate to which he is entitled by reference to the additional amount of the rent;
d
any amounts awarded by an authority under regulation 25 of the Regulations (additional amount of benefit in exceptional cases);
e
where an authority makes an award to one of its tenants in receipt of housing benefit in the form of a payment of money or money’s worth, a credit to the person’s rent account, or in some other form, and whether or not the person is immediately entitled to the award, the amount of the award, but no such deduction shall be made in respect of an award —
i
made to a tenant for a reason unrelated to the fact that he is a tenant,
ii
made under a statutory obligation,
iii
for a purpose specified in or under statute made in exercise of a discretion where the circumstances in which that discretion may be exercised are also specified as aforesaid,
iv
made as reasonable compensation for work actually carried out by the tenant in carrying out reasonable repairs or redecoration which the authority would otherwise have carried out or be required to carry out,
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only irregularly suffered by the tenant by virtue of his occupation of his home.
Overpayment of rebates or allowances
6
1
Where an authority makes an overpayment of housing benefit during the year, its subsidy for the year shall include any amount which may be payable in accordance with paragraph (2) of this article.
2
Subject to paragraph (3), subsidy under paragraph (1) of this article shall be payable in certificated cases only, and in such a case the amount of subsidy shall be the following percentage of the difference between the amount of the overpayment and the amount, if any, of the overpayment recovered by the authority —
a
in respect of an overpayment caused by an error of the authority making the payment, 100%; and
b
in respect of any other overpayment —
i
in the case of an authority referred to in paragraph 1 or 2 of the Schedule to this Order, 100%, and
ii
in the case of an authority referred to in paragraph 3 of the Schedule to this Order, 100.6%.
3
The total amount of subsidy payable to an authority for the year in respect of an overpayment to which paragraph (2)(a) of this article applies shall not exceed 0.19% of the aggregate of —
a
the total of rebates and allowances granted by that authority during the year in certificated cases, and
b
the total of any overpayments made by that authority to which paragraph (2)(b) of this article applies less any amount of those overpayments recovered by that authority.
4
In this article “overpayment” means any amount paid by way of housing benefit to which there was no entitlement under the Regulations, including any excess of housing benefit actually paid over the amount to which there was in fact entitlement under the Regulations and including any amount in excess of the amount, if any, of benefit which would have been due had a certificate under regulation 9 of the Regulations not been issued or, as the case may be, had such a certificate been cancelled.
Signed by authority of the Secretary of State for Social Services.
Michael Partillo
Parliamentary Under-Secretary of State
Department of Health and Social Security
6th October 1987
We consent,
T. Durant
D. Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
16th October 1987


text:
Citation and commencement
1
1
These Regulations may be cited as the Block Grant (Education Adjustments) (England) Regulations 1987.
2
These Regulations shall come into force on 1st April 1987.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Local Government, Planning and Land Act 1980;
“authority” means local education authority in England;
“financial year” means period of 12 months ending on 31st March;
“further education”,“primary education”,“secondary education”,
“registered pupil”, and“school” have the meanings assigned thereto by section 114 of the Education Act 1944 ;
“qualified teacher” has the meaning assigned by Regulation 13 of the Education (Teachers) Regulations 1982 ;
“redundancy payments” means payments under Part VI of the Employment Protection (Consolidation) Act 1978 ;
“salary” includes employer’s superannuation and social security contributions;
“special educational needs” has the meaning assigned by section 1 of the Education Act 1981 ;
“standard rates” means such standard rates at which the cost of tuition may be agreed or determined for the purpose of section 51 of the Education (No.2) Act 1986 or determined for the purpose of section 52 of that Act;
“travelling pupils” means pupils who have no fixed abode by reason of the nomadic way of life of their parents;
“year” means calendar year; and
“youth and community worker” means a person who is employed full-time as a youth worker or a community centre warden in connection with the provision of such facilities for further education as are mentioned in section 41(b) of the Education Act 1944, and who is qualified as mentioned in Schedule 1.
2
For the purposes of these Regulations a pupil shall be treated as not belonging to the area of any local education authority in England or Wales if he is so treated for the purposes of paragraph 5(5) of Schedule 10 to the Act by virtue of paragraph 10 of that Schedule and regulations from time to time in force under section 38(5) of the Education Act 1980.
Expenditure to which the Regulations apply
3
1
These Regulations do not apply to any expenditure from revenue in respect of capital outlay other than that specified in paragraph (3)(a)(ii) or paragraph (3)(f) below but, subject thereto, apply to expenditure incurred after 31st March 1987 being —
a
expenditure in connection with further education of an advanced character specified in paragraph (2) below; and
b
other educational expenditure specified in paragraph (3) below.
2
The expenditure in connection with further education of an advanced character mentioned in paragraph (1)(a) above and specified hereby for the purposes of paragraph 6(3) of Schedule 10 to the Act is expenditure incurred in connection with the provision, or in assisting the provision, by an establishment of further education of any course specified in Schedule 2, but does not include any such expenditure as is mentioned in paragraph (3)(a), (b), (c), (d), (e) or (f) below.
3
The educational expenditure mentioned in paragraph (1)(b) above and specified hereby for the purposes of paragraph 5(3) of Schedule 10 to the Act is expenditure incurred —
a
in connection with the provision referred to in paragraph (2) above, being —
i
payments in respect of loan charges, rent or other outgoings under leases of land or payments under contracts entered into before 1st April 1982 for the leasing of equipment; or
ii
expenditure from revenue on capital works and equipment not exceeding £150,000 in any financial year in respect of any one establishment of further education recognised by the Secretary of State as a polytechnic, or £60,000 in any such year in respect of any other establishment of further education;
b
by way of payments made by a local authority as compensating authority under the Colleges of Education (Compensation) Regulations 1975 ;
c
by way of payments to teachers who, in consequence of a direction given by the Secretary of State under —
i
Regulation 3(2) of the Further Education Regulations 1975 ,
ii
Regulation 15 of the Education (Schools and Further Education) Regulations 1981 , being a direction relating to a course for the training of teachers, or
iii
Regulation 16 of the said 1981 Regulations,
have ceased to be employed in a college for the training of teachers or in a department for the training of teachers in any other establishment of further education, being payments of the amount by which the salary to which any such teacher is entitled under section 1(2) of the Teachers' Pay and Conditions Act 1987 or by virtue of any agreement of a kind referred to in that subsection exceeds the salary which would normally be appropriate to the post held by him;
d
by way of payments in respect of persons who, on or after 1st April 1981, ceased or cease to be wholly or mainly employed, either in connection with the provision at an establishment of further education of any course specified in Schedule 2, or otherwise than in such a connection at an establishment where the majority of students are engaged on such courses, being either —
i
redundancy payments; or
ii
payments made in pursuance of the Local Government (Compensation for Premature Retirement) Regulations 1982 , the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984 or the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985 or of other regulations made (after 3rd March 1987) under section 24 of the Superannuation Act 1972 , or in pursuance of any contract or arrangement made by a local authority in the expectation that regulations providing for such payments would be made under the said section 24;
e
by way of payments under the Teachers (Compensation) (Advanced Further Education) Regulations 1983 , or payments in lieu of notice to a teacher whose employment is terminated in the circumstances referred to in Regulation 3(2) of those Regulations;
f
in defraying expenditure (including expenditure in respect of capital outlay) attributable to the operation of the National Advisory Body for Public Sector Higher Education;
g
in making provision for the primary, secondary or further education of pupils not belonging to the area of any local education authority in England or Wales and in the payment of awards to such pupils, excluding any provision or award relating to a course specified in Schedule 2.
Ascertainment of expenditure and provision of information
4
1
Every authority shall furnish to the Secretary of State, in such form as he may direct —
a
not later than 31st October in each financial year, an estimate of —
i
the expenditure incurred by the authority in the previous financial year;
ii
the expenditure likely to be so incurred in the current financial year;
iii
the expenditure likely to be so incurred in the ensuing financial year;
iv
if the Secretary of State so requires, the numbers for the current financial year of such categories of staff and students as he may specify; and
v
if the Secretary of State so requires, the likely numbers for the ensuing financial year of such categories of staff and students as he may specify;
b
as soon as is practicable after the authority’s accounts have been audited, an account of the expenditure incurred in the year to which the audit relates;
c
as soon as practicable after the end of each financial year and if the Secretary of State so requires, the actual numbers for that year of such categories of staff and students as the Secretary of State may specify.
2
Where an authority fails to furnish any estimate of expenditure or of numbers or likely numbers in accordance with or required under paragraph (1)(a) above, the Secretary of State may himself make such estimate.
3
For the purposes of paragraphs (1) and (2) above, expenditure means expenditure to which these Regulations apply.
Expenditure which is to be taken into account
5
1
The amount of the expenditure falling within Regulation 3(1)(a) which is to be taken into account for the purpose of these Regulations in any financial year is such sum as, after consultation pursuant to paragraph 8 of Schedule 10 to the Act, may be specified by the Secretary of State in the preceding year, together with such additional sums if any as he may, after like consultation, specify before the end of the financial year in question.
2
The amount of the expenditure falling within Regulation 3(1)(b) which is to be taken into account for the purpose of these Regulations is —
a
except as provided in sub-paragraphs (b) and (c) below, the full amount of any expenditure specified in Regulation 3(3)(g) which is attributable to tuition costs, at standard rates;
b
subject to sub-paragraph (c) below, the full amount of any expenditure specified in Regulation 3(3)(g) which is attributable to tuition costs, at standard rates, in respect of the actual attendance at schools of travelling pupils;
c
75% of any expenditure specified in Regulation 3(3)(g) which is attributable to special provision for travelling pupils, if the amount so calculated exceeds the amount which would otherwise be taken into account under sub-paragraph (b) above;
d
the full amount of any expenditure specified in Regulation 3(3)(d)(i), less the amount of any rebates paid to the authority under section 104 of the Employment Protection (Consolidation) Act 1978 ;
e
90% of any expenditure specified in Regulation 3(3)(d)(ii) or 3(3)(e);
f
the whole of the other expenditure specified in Regulation 3(3).
Apportionment of expenditure
6
1
The expenditure taken into account in pursuance of paragraph (1) or (2) of Regulation 5 shall be so apportioned among authorities that each authority’s share —
a
of the aggregate of such expenditure as is specified in Regulations 3(2) and 3(3)(a) to (f) bears the same proportion thereto as the number of students belonging to the area of that authority attending a course to which this Regulation applies (counted in accordance with paragraph (3) below) bears to the total number of students (so counted) belonging to the area of an authority attending such a course in England;
b
of the aggregate of such expenditure as is specified in Regulation 3(3)(g) bears the same proportion thereto as the school population of the authority (ascertained in accordance with paragraph (4) below) bears to the aggregate school population of all authorities.
2
This Regulation applies to any course specified in Schedule 2 provided at an establishment of further education maintained or assisted by an authority.
3
For the purpose of counting under paragraph (1)(a) above the number of students belonging to the area of the authority attending a course to which this Regulation applies —
a
those attending a full-time course shall each be counted as 1, those attending a sandwich course shall each be counted as 0.9, those attending a part-time course wholly or partly by day shall each be counted as 0.4 and those attending a course wholly in the evening shall each be counted as 0.2;
b
those attending a course of less than 19 weeks duration shall not be counted;
c
a student shall be counted as belonging to the area of an authority if he would fall to be treated as belonging to that area for the purposes of section 51 of the Education (No.2) Act 1986 .
4
The school population of an authority shall be treated as the aggregate of the numbers of children who have attained the age of five years and are —
a
pupils belonging to the area of the authority who are registered pupils at schools maintained or assisted by any local education authority in England and Wales or who receive education otherwise than at school in accordance with arrangements made by the authority;
b
pupils not belonging to the area of any local education authority in England or Wales who are registered pupils at schools maintained or assisted by the authority; and
c
pupils at other schools the fees for whose tuition are paid in full by the authority.
5
The data necessary for making any apportionment under this Regulation in respect of expenditure incurred or estimated as likely to be incurred in any financial year shall, for each authority, be the latest available to the Secretary of State on the 31st October preceding that financial year.
Determination of each authority’s share of advanced further education expenditure
7
The Secretary of State shall —
a
apportion among authorities any sum specified by him in respect of any financial year in accordance with Regulation 5(1) in such shares as he, after consultation with the National Advisory Body for Public Sector Higher Education, may determine; and
b
notify each authority as soon as practicable of the amount of its share of the expenditure so determined.
Adjustment of block grant
8
1
The amount by which the block grant payable to each authority for any financial year shall be increased or decreased in pursuance of paragraph 6(2) or 5(2) of Schedule 10 to the Act shall be the amount by which the allowable expenditure of that authority within the meaning of paragraph(2)(a) or (b) below for that year exceeds or falls short of its share under Regulation 6 of the expenditure falling to be taken into account in pursuance of Regulation 5(1) or (2), as the case may be.
2
For the purpose of this Regulation the allowable expenditure of each authority is —
a
as regards expenditure falling within Regulation 3(1)(a) the amount determined by the Secretary of State as its apportioned share in accordance with Regulation 7(a);
b
as regards expenditure falling within Regulation 3(1)(b) its expenditure which is to be taken into account in pursuance of Regulation 5(2).
3
The amount by which the block grant payable to each authority for any financial year shall be increased or decreased in pursuance of paragraph 2(2) of Schedule 10 to the Act shall be ascertained by reference to the amount by which the block grant for that year is increased or decreased in accordance with paragraph 1 of that Schedule and shall be that proportion thereof as is mentioned in Regulation 6(1)(a) as it applies in relation to that authority.
Time for ascertaining adjustment to block grant
9
1
The estimated amount of the increases and decreases of block grant which fall to be made in respect of any financial year shall be ascertained before the commencement of that year.
2
The actual amounts of those increases and decreases shall be so ascertained as soon as is reasonably practicable after the Secretary of State has received accounts for the relevant year from all authorities under Regulation 4(1)(b).
Amendment of previous Regulations and consequential provisions
10
1
The Block Grant (Education Adjustments) (England) Regulations 1985 , which apply to certain educational expenditure incurred after 31st March 1985, shall cease to apply to any such expenditure incurred after 31st March 1987, and Regulation 3(1) of those Regulations shall accordingly be amended by the insertion, after the words “incurred after 31st March 1985”, of the words“but before 1st April 1987”.
2
Anything done under any provision of the Regulations specified in paragraph (1) above with reference to expenditure incurred after 31st March 1987 shall have effect as if done under the corresponding provision of these Regulations.
Kenneth Baker
Secretary of State for Education and Science
3rd March 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Qualifying Service — Consequential and Other Provisions) Regulations 1987 and shall come into force on 6th April 1988.
2
In these Regulations —
“the Contracting-out Regulations”means the Occupational Pension Schemes (Contracting-out) Regulations 1984 ;
“the Preservation Regulations”means the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 ;
“the Discharge Regulations”means the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 ; and
“the Revaluation Regulations”means the Occupational Pension Schemes (Revaluation) Regulations 1985 .
Amendment of the Contracting-out Regulations
2
1
The Contracting-out Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 19(1)(d), the words“is under the age of 26 or”shall be omitted and for“5”there shall be substituted“2”.
3
In regulation 24(3)(e), for“5”there shall be substituted“2”.
Amendment of the Preservation Regulations
3
1
The Preservation Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 12(4), after sub-paragraph (a), there shall be inserted the following sub-paragraph —
aa
for the alternative mentioned in paragraph (1)(e) to be substituted for short service benefit without the member’s consent in any case where the conditions specified in paragraph (4A) are satisfied;
.
3
After paragraph (4) of regulation 12 there shall be inserted the following paragraph —
4A
The conditions referred to in paragraph (4)(aa) are —
a
that the short service benefit is not, and does not include, protected rights (within the meaning given to that expression by Schedule 1 to the Social Security Act 1986 , whether or not as modified under section 32(2B) of the Pensions Act );
b
that the member has at least 2 years' qualifying service but has not 5 years' qualifying service (within the meaning given to that expression by paragraph 7 of Schedule 16 immediately before the coming into force of section 10 of the Social Security Act 1986);
c
that the insurance policy is taken out or the annuity contract entered into more than 12 months after the member’s service in relevant employment is terminated;
d
that at least 30 days before the insurance policy is taken out or the annuity contract entered into, the trustees or managers of the scheme have sent by post to the member at his last known address, or delivered personally to him, a written notice that it is their intention to take it out or enter into it unless, before the date of expiry of the notice or, if it is later, the first anniversary of the date on which the member’s service in relevant employment was terminated, the member has made an application (which he has not subsequently withdrawn) to the trustees or managers of the scheme under paragraph 16 of Schedule 1A to the Pensions Act (transfer values);
e
that when the trustees or managers of the scheme enter into an agreement with an insurance company to take out the insurance policy or enter into the annuity contract, the member has not made an application in writing to the trustees or managers of the scheme under paragraph 16 of Schedule 1A to the Pensions Act, or if he has made such an application he has withdrawn it under paragraph 17 of that Schedule; and
f
that the insurance policy or annuity contract is so framed that it may be assigned or surrendered on the conditions set out in regulation 2 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985.
.
4
In regulations 14(d)(i), 17(3)(b)(iii) and (4) and 21(3)(b), for“5”there shall be substituted“2”.
Amendment of the Discharge Regulations
4
1
The Discharge Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 4 (c)(ii), for“5”there shall be substituted“2”.
3
In regulation 5(b)(ii), after“12(4)(a)”there shall be inserted“or (aa)”.
4
After paragraph (b) of regulation 5, there shall be inserted the word“or”and the following paragraph —
c
i
the earner died when he had, in relation to the scheme, at least 2 years' qualifying service (within the meaning of paragraph 7 of Schedule 16 to the Social Security Act 1973) but not 5 years' qualifying service (within the meaning given to that expression by paragraph 7 of Schedule 16 to the Social Security Act 1973 immediately before the coming into force of section 10 of the Social Security Act 1986),
ii
benefit which is or includes a guaranteed minimum pension is payable to the earner’s widow or widower,
iii
the arrangement for securing the benefit by means of the policy or contract was made without the consent of the widow or widower, and
iv
at least 30 days before the policy is taken out or the contract entered into the trustees or managers of the scheme sent by post to the widow or widower at her or his last known address, or delivered personally to her or him, a written notice of their intention to take it out or enter into it.
.
Amendment of the Revaluation Regulations
5
1
The Revaluation Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulations 1(2) and 6, and in the heading to regulation 6, for the words“5 years' qualifying service”(wherever occurring) there shall be substituted the words“2 years' qualifying service”.
Purpose prescribed under section 64(1A)(a) of the Social Security Act 1973
6
A purpose prescribed under section 64(1A)(a) of the Social Security Act 1973 (powers of Occupational Pensions Board to authorise modification of occupational pension schemes) is that of enabling the scheme —
a
to make provision for the alternative mentioned in regulation 12(1)(e) of the Preservation Regulations to be substituted for short service benefit without the member’s consent in cases where the conditions specified in regulation 12(4A) of those regulations are satisfied; and
b
to make provision for a benefit payable to a member’s widow or widower to be secured by means of a policy of insurance or annuity contract without the widow’s or widower’s consent in cases where the conditions specified in regulation 5(c) of the Discharge Regulations are satisfied.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) (No. 2) Regulations 1987 and shall come into force on 1st October 1987.
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1984 are hereby further amended in accordance with the following provisions of these Regulations.
3
In Schedule 1–
a
in the Note at the head of the Schedule the following words shall be added after the word “Schedule” where it appears for the third time–
with the exception of Directive 80/780/ EEC , which appears opposite fee no 9100W, the particulars for which may be found in Schedule 4 to the Motor Vehicles (Designation of Approval Marks) Regulations 1979 as amended.
;
b
the fee numbers and the information shown against each fee number specified in the Schedule to these Regulations shall be inserted in the appropriate places according to numerical order;
c
in column 2(b) opposite fee number 0100G there shall be added after the words “Great Britain Regulations” the words “in so far as it relates to the entry immediately above this entry”.
d
in relation to those fee numbers which are listed in column 1 of the Table there shall be substituted for the existing fees listed in column 2 the new fees listed in column 3.
TABLE
(1) (2) (3) Fee No Existing Fee New Fee
0500H 420 550 0501E 500 650 4411D 1510 1600 4412A 1570 1760 4413X 1400 1440 4421R 1510 1600 4422N 1570 1760 4423K 1400 1440
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th August 1987
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd September 1987


text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Amendment) (No. 2) Regulations 1987 and shall come into force on 1st September 1987.
2
For item (c) in regulation 3 of the Education (Bursaries for Teacher Training) Regulations 1986 (“the principal Regulations”) there shall be substituted the following —
c
technology, or
d
craft, design and technology.
.
3
For regulation 5 of the principal Regulations there shall be substituted the following regulation —
5
A training bursary shall neither be paid to a person nor be tenable by him except in respect of a course which —
a
is provided by an establishment in England or Wales named by the Secretary of State when granting the training bursary;
b
begins on or after 1st September 1986;
c
is designed to prepare persons to teach pupils either aged 11 to 16 or of all ages in secondary schools and of which the principal subject-matter is —
i
mathematics, or
ii
physics, or
iii
technology, or
iv
physics and technology, or
v
craft, design and technology; and
d
is such that the period which the person in question would require for its completion (excluding any period for which he is excused attendance) would ordinarily not exceed two academic years.
.
4
For paragraph 1 of regulation 7 of the principal Regulations there shall be substituted the following —
1
a training bursary shall —
a
save as provided in sub-paragraph (b) below, be payable at the rate of £1,200 per annum in respect of any academic year which began before the 1st September 1987;
b
in the case of the part-time course in mathematics leading to the Post-graduate Certificate of Education provided by Thames Polytechnic and beginning in January 1987 be £600 for the period 27th April 1987 to 31st December 1987 and subsequently at the rate described in sub-paragraph (c) below; and
c
in any other case be payable at the rate of £1,250 per annum, the amount payable in respect of a part-time course being calculated pro rata.
.
5
The Education (Bursaries for Teacher Training) (Amendment) Regulations 1987 are hereby revoked.
Kenneth Baker
Secretary of State for Education and Science
3rd August 1987
Peter Walker
Secretary of State for Wales
3rd August 1987


text:
Title, extent and commencement
1
This Order may be cited as the Import and Export (Plant Health) (Great Britain) (Amendment) Order 1987, shall apply to Great Britain and shall come into force on 18th March 1987.
Amendment of principal order
2
The Import and Export (Plant Health) (Great Britain) Order 1980 shall be amended as follows —
a
in Part I of Schedule 1 (plant pests the landing of which is prohibited) after entry 22 there shall be inserted the following entry —
“23 Frankliniella occidentalis (Pergande) — Western Flower Thrips.”; and
b
in Schedule 2 (conditions subject to which plant and plant products may be landed) in Part 1A in relation to item 1 there shall be inserted in column (3) after paragraph (6) the following paragraph —
7
The consignment shall be accompanied by an official statement that the plants comprising it were —
a
officially examined immediately prior to export and found to be free from Western Flower Thrips ( Frankliniella occidentalis (Pergande)), and
b
grown at a place of production at which Western Flower Thrips ( Frankliniella occidentalis (Pergande)) is not known to have occurred during the four weeks prior to the date on which the plants were removed from such place
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th March 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
16th March 1987
Nicholas Edwards
Secretary of State for Wales
12th March 1987


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Hong Kong) Order 1987 and shall come into force on 1st January 1988.
2
1
Subject to Article 3 below, sections 1, 2, 3, 4, 5, 8 and 9 of the Suppression of Terrorism Act 1978 and Schedule 1 thereto, modified and adapted as in the Schedule hereto, shall extend to Hong Kong.
2
For the purpose of construing the said Act as so extended as part of the law of Hong Kong “the Territory” means the territory of Hong Kong including its territorial waters.
3
The aforesaid provisions of the said Act shall apply in Hong Kong in relation to any Commonwealth country, foreign state or United Kingdom dependency in respect of which an order is or may be made under section 5(1) of the Act as it applies in the United Kingdom in accordance with the terms of the relevant order but, save to the extent that it is necessary to take account of the words “convention country” in order to determine the way in which such provisions apply in relation to any such Commonwealth country, foreign state or United Kingdom dependency, they shall not apply in relation to a convention country until an order bringing the Act into force for that purpose has been made in Hong Kong by the Governor under section 9(3) of the Act, modified and adapted as in the Schedule hereto.
G I de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Community Drivers' Hours (Passenger and Goods Vehicles) (Temporary Exception) (Revocation) Regulations 1987 and shall come into force on 2nd February 1987.
2
1
The Community Drivers' Hours (Passenger and Goods Vehicles) (Temporary Exception) Regulations 1987 are hereby revoked.
2
On and after 2nd February 1987 no account shall be taken of any time spent driving or on duty before that date for the purpose of the application of Articles 6, 8 or 9 of Council Regulation ( EEC ) No. 3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport .
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
28th January 1987


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Fifth Amendment) Regulations 1987 and shall come into force on 1st January 1988.
2
Regulation 4(1) of the Civil Aviation (Joint Financing) Regulations 1982 shall be further amended by substituting respectively for the sums £25.98, £9.24 and £16.74 the sums £42.69, £14.23 and £28.46.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
3rd December 1987
We consent to the making of these Regulations,
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 1987


text:
1
This Order may be cited as the Aerodromes (Designation) (Detention and Sale of Aircraft) (No.2) Order 1987 and shall come into force on 20th January 1988.
2
The aerodromes specified in the Schedule hereto are hereby designated for the purposes of section 88 of the Civil Aviation Act 1982.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
23rd December 1987


text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Social Security Commissioners Procedure Regulations 1987 and shall come into force on 6th April 1987.
Interpretation
2
In these Regulations, unless the context otherwise requires: —
“ the Act ” means the Social Security Act 1975 ;
“adjudicating authority” means, as the case may be, the Chief or any other adjudication officer, an appeal tribunal, the Attendance Allowance Board, or a medical appeal tribunal and, in cases where a forfeiture rule question arises, includes the Secretary of State;
“adjudication officer” means an officer appointed in accordance with section 97(1) of the Act;
“appeal tribunal” means a social security appeal tribunal constituted in accordance with section 97(2) to (2E) of the Act;
“the Attendance Allowance Board” means the Board constituted in accordance with section 105 of the Act and for the purpose of section 106(2) of the Act, unless the context otherwise requires, includes a delegate appointed in pursuance of paragraph 5 of Schedule 11 to the Act;
“the chairman” for the purposes of Regulations 3 and 4 means:
the person who was the chairman of the appeal tribunal or medical appeal tribunal, as the case may be, when the decision was given against which leave to appeal is being sought; or
any other chairman of an appeal tribunal or medical appeal tribunal, as the case may be, duly authorised for the purposes of applications for leave to appeal to a Commissioner under the Social Security (Adjudication) Regulations 1986 ;
“Chief Adjudication Officer” means the Chief Adjudication Officer appointed under section 97(1B) of the Act;
“Chief Commissioner” means the Chief Social Security Commissioner appointed under section 97(3) of the Act;
“Commissioner” means the Chief or any other Social Security Commissioner appointed in accordance with section 97(3) of the Act or section 13(5) of the Social Security Act 1980 and includes a Tribunal of 3 such Commissioners constituted in accordance with section 116 of the Act;
“forfeiture rule question” means any question referred to in section 4(1) or 4(1A) to 4(1H) of the Forfeiture Act 1982 ;
“medical appeal tribunal” means a medical appeal tribunal constituted in accordance with Schedule 12 to the Act;
“nominated officer” means an officer authorised by the Lord Chancellor (or in Scotland, by the Secretary of State) in accordance with section 114(2C) of the Act;
“proceedings” means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner, by way of an appeal or reference, or otherwise;
“respondent” means any person or organisation other than the applicant, appellant or person making the reference who would be entitled under Regulation 17(5) to be present and to be heard at any oral hearing;
“the specified time” for the purposes of Regulations 3(2) and 4(3) means the time specified under the Social Security (Adjudication) Regulations 1986 for applying to a chairman of an appeal tribunal or, as the case may be, a medical appeal tribunal for leave to appeal to a Commissioner;
“summons”, in relation to Scotland, means“citation” and Regulation 18 shall be construed accordingly.
PART II
MAKING APPLICATIONS, APPEALS AND REFERENCES
Application to a Commissioner for leave to appeal
3
1
Subject to paragraph (2) of this Regulation, an application may be made to a Commissioner for leave to appeal against a decision of an appeal tribunal or a medical appeal tribunal only where the applicant has been refused leave to appeal by the chairman of an appeal tribunal or, as the case may be, of a medical appeal tribunal.
2
Where there has been a failure to apply to the chairman for such leave within the specified time, an application for leave to appeal may be made to a Commissioner who may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.
3
An application for leave to appeal under paragraph (1) above must be made within 42 days from the date on which notice in writing of the refusal of leave to appeal was given to the applicant.
4
An application to a Commissioner for leave to appeal against a determination by the Attendance Allowance Board of any question of law arising
i
on a review by the Board in pursuance of section 106(1) of the Act; or
ii
in connection with a refusal by the Board to review a determination made in pursuance of section 105(3) of the Act,
must be made within 3 months from the date on which notice in writing of the determination was given to the applicant.
5
A Commissioner may accept and proceed to consider and determine an application for leave to appeal under paragraphs (1) and (4) above notwithstanding that the period specified for making the application has expired, if for special reasons he thinks fit.
Notice of application to a Commissioner for leave to appeal
4
1
Subject to the following provisions of this Regulation, an application to a Commissioner for leave to appeal shall be brought by a notice to a Commissioner containing:
a
the name and address of the applicant;
b
the grounds on which the applicant intends to rely;
c
an address for service of notices and other documents on the applicant;
and the notice shall have annexed to it a copy of the decision against which leave to appeal is being sought.
2
Where the applicant has been refused leave to appeal by the chairman of an appeal tribunal or of a medical appeal tribunal, otherwise than by a decision recorded in the record of the proceedings of the tribunal, the notice shall also have annexed to it a copy of the decision refusing leave and shall state the date on which the applicant was given notice in writing of the refusal of leave.
3
Where the applicant has failed:
i
to apply within the specified time to the chairman of an appeal tribunal or of a medical appeal tribunal for leave to appeal; or
ii
to comply with Regulation 3(3) above; or
iii
to apply within the period specified in Regulation 3(4) to a Commissioner for leave to appeal against a determination by the Attendance Allowance Board
the notice of application for leave to appeal shall, in addition to complying with paragraphs (1) and (2) above, state the grounds relied upon for seeking acceptance of the application notwithstanding that the relevant period has expired.
4
Where an application for leave to appeal is made by an adjudication officer or by the Secretary of State the applicant shall, as soon as may be practicable, send each respondent a copy of the notice of application for leave to appeal.
Determination of application
5
1
The office of the Social Security Commissioners shall notify the applicant and each respondent in writing of the determination by a Commissioner of the application.
2
Subject to a direction by a Commissioner to the contrary, where a Commissioner grants leave to appeal on an application made in accordance with Regulation 4 above, notice of appeal shall be deemed to have been duly given on the date when notice of the determination is given to the applicant and the notice of application shall be deemed to be a notice of appeal duly served under Regulation 7 below.
3
If on consideration of an application for leave to appeal to him from the decision of an adjudicating authority the Commissioner grants leave he may, with the consent of the applicant and each respondent, treat the application as an appeal and determine any question arising on the application as though it were a question arising on an appeal.
Notice of appeal
6
Subject to Regulation 5(2) above, an appeal shall be brought by a notice to a Commissioner containing:
a
the name and address of the appellant;
b
the date on which leave to appeal was granted;
c
the grounds on which the appellant intends to rely;
d
an address for service of notices and other documents on the appellant;
and the notice shall have annexed to it a copy of the determination granting leave to appeal and a copy of the decision against which leave to appeal has been granted.
Time limit for appealing
7
1
Subject to paragraph (2) below, a notice of appeal shall not be valid unless it is served on a Commissioner within 42 days of the date on which the applicant was given notice in writing that leave to appeal had been granted.
2
A Commissioner may accept a notice of appeal served after the expiry of the period prescribed by paragraph (1) above if for special reasons he thinks fit.
References
8
1
Where a forfeiture rule question arises in a case before an adjudicating authority and that authority is not satisfied that the case can be disposed of without that question being determined, the adjudicating authority shall —
a
if not the Secretary of State, require the Secretary of State to arrange for the case to be referred to a Commissioner to determine the forfeiture rule question; and
b
if the Secretary of State, refer the case to a Commissioner to determine that question,
and shall inform the person in relation to whom the forfeiture rule question arises that his case is being referred to a Commissioner to determine that question.
2
Any reference to a Commissioner under the Forfeiture Act 1982 or from a medical appeal tribunal shall be made in writing and shall include:
a
a statement of the question for determination by the Commissioner and the facts upon which it arises;
b
the grounds upon which the reference is made;
c
the address for service of notices and other documents on the person making the reference and on any respondent.
Acknowledgement of a notice of appeal or a reference and notification to each respondent
9
There shall be sent by the office of the Social Security Commissioners:
a
to the appellant or person making the reference an acknowledgement of the receipt of the notice of appeal or the reference; and
b
to each respondent a copy of the notice of appeal or of the reference.
PART III
GENERAL PROCEDURE
Respondent’s written observations
10
1
A respondent who wishes to submit to a Commissioner written observations on the appeal or on the reference shall do so within 30 days of being given notice in writing of it.
2
Any such written observations shall include:
a
the respondent’s name and address and address for service; and
b
in the case of observations on an appeal, a statement as to whether or not he opposes the appeal; and
c
in any case, the grounds upon which the respondent proposes to rely.
3
A copy of any written observations from a respondent shall be sent by the office of the Social Security Commissioners to the other parties.
Written observations in reply
11
1
Any party may, within 30 days of being sent written observations submitted in accordance with Regulation 10 above, submit to a Commissioner written observations in reply.
2
Regulation 10(3) above shall apply in relation to written observations in reply as it does in relation to written observations under Regulation 10 above.
Directions
12
1
Where it appears to a Commissioner that an application, appeal or reference which is made to him gives insufficient particulars to enable the question at issue to be determined, he may direct the party making the application, appeal or reference, or any respondent, to furnish such further particulars as may reasonably be required.
2
In the case of an application for leave to appeal, or an appeal, from the Attendance Allowance Board, or of an application for leave to appeal or an appeal from, or of a reference by, a medical appeal tribunal, a Commissioner may, before determining the application, appeal or reference, direct the Board or tribunal, as the case may be, to submit a statement of such facts as he considers necessary for the proper determination of that application, appeal or reference.
3
At any stage of the proceedings, a Commissioner may, either of his own motion or on application, give such directions as he may consider necessary or desirable for the efficient and effective despatch of the proceedings.
4
Without prejudice to the provisions of Regulations 10 and 11, or to paragraph (3) above, a Commissioner may direct any party to any proceedings before him to make such written observations as may seem to him necessary to enable the question at issue to be determined.
5
An application under paragraph (3) above shall be made in writing to a Commissioner and shall set out the direction which the applicant is seeking to have made and the grounds for the application.
6
Unless a Commissioner shall otherwise determine, an application made pursuant to paragraph (3) above shall be copied by the office of the Social Security Commissioners to the other parties.
Medical references
13
A Commissioner may refer to a medical practitioner for examination and report any question arising in proceedings before him except in proceedings on an application for leave to appeal, or an appeal, from a medical appeal tribunal or the Attendance Allowance Board or on a reference by a medical appeal tribunal.
Non-disclosure of medical evidence
14
1
Where, in connection with any application, appeal or reference there is before a Commissioner medical advice or medical evidence relating to a person which has not been disclosed to that person and in the opinion of the Commissioner the disclosure to that person of that advice or evidence would be harmful to his health, such advice or evidence shall not be required to be disclosed to that person.
2
Advice or evidence such as is mentioned in paragraph (1) above:
a
shall not be disclosed to any person acting for or representing the person to whom it relates
b
in a case where a claim for benefit is made by reference to the disability of a person other than the claimant
and the advice or evidence relates to that other person, shall not be disclosed to the claimant or any person acting for or representing the claimant unless the Commissioner is satisfied that it is in the interests of the person to whom the advice or evidence relates to do so.
3
The Commissioner shall not by reason of non-disclosure under paragraphs (1) or (2) above be precluded from taking the advice or evidence concerned into account for the purpose of the proceedings.
Requests for oral hearings
15
1
Subject to paragraphs (2) and (3) below, a Commissioner may determine an application for leave to appeal or an appeal or a reference without an oral hearing.
2
Where, in any proceedings before a Commissioner, a request is made by any party thereto for an oral hearing the Commissioner shall grant the request unless, after considering all the circumstances of the case and the reasons put forward in the request for the hearing, he is satisfied that the application or appeal or reference can properly be determined without a hearing, in which event he may proceed to determine the case without a hearing and he shall in writing either before giving his determination or decision, or in it, inform the person making the request that it has been refused.
3
A Commissioner may of his own motion at any stage, if he is satisfied that an oral hearing is desirable, direct such a hearing.
Representation at an oral hearing
16
At any oral hearing a party may conduct his case himself (with assistance from any person if he wishes) or be represented by any person whom he may appoint for the purpose.
Oral hearings
17
1
This Regulation applies to any oral hearing of an application, appeal or reference to which these Regulations apply.
2
Reasonable notice (being not less than 10 days beginning with the day on which notice is given and ending on the day before the hearing of the case is to take place) of the time and place of any oral hearing before a Commissioner shall be given to the parties by the office of the Social Security Commissioners.
3
If any party to whom notice of an oral hearing has been given in accordance with these Regulations should fail to appear at the hearing, the Commissioner may, having regard to all the circumstances including any explanation offered for the absence, proceed with the case notwithstanding that party’s absence, or may give such directions with a view to the determination of the case as he thinks fit.
4
Any oral hearing before a Commissioner shall be in public except where the Commissioner is satisfied that intimate personal or financial circumstances may have to be disclosed or that considerations of public security are involved, in which case the hearing or any part thereof shall be in private.
5
Where a Commissioner holds an oral hearing the following persons or organisations shall be entitled to be present and be heard: —
a
the person or organisation making the application, appeal or reference;
b
the claimant;
c
the Secretary of State;
d
an adjudication officer;
e
a trade union, employers association or other association which would have had a right of appeal under sections 101(2) and 101(4) of the Act (including those sections as substituted by section 52(7)(d) of the Social Security Act 1986 );
f
in cases concerning statutory sick pay and statutory maternity pay, the alleged employer and the alleged employee concerned;
g
a person from whom it is determined that any amount is recoverable under or by virtue of section 27 or 53 of the Social Security Act 1986;
h
any other person with the leave of a Commissioner.
6
Any person entitled to be heard at an oral hearing may:
i
address the Commissioner;
ii
with the leave of the Commissioner but not otherwise, give evidence, call witnesses and put questions directly to any other person called as a witness.
7
Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council in his capacity as such from being present at an oral hearing before a Commissioner, notwithstanding that the hearing is not in public.
Summoning of witnesses
18
1
A Commissioner may summon any person to attend as a witness, at such time and place as may be specified in the summons, at an oral hearing of an application to a Commissioner for leave to appeal, or of an appeal or of a reference, to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the proceedings.
Provided that no person shall be required to attend in obedience to such a summons unless he has been given at least 7 days notice of the hearing or, if less than 7 days, has informed the Commissioner that he accepts such notice as he has been given.
2
A Commissioner may upon the application of a person summoned under this Regulation set the summons aside.
Postponement and adjournment
19
1
A Commissioner may, either of his own motion or on an application by any party to the proceedings, postpone an oral hearing.
2
An oral hearing, once commenced, may be adjourned by the Commissioner at any time either on the application of any party to the proceedings or of his own motion.
Withdrawal of applications for leave to appeal, appeals and references
20
1
At any time before it is determined, an application to a Commissioner for leave to appeal against a decision of an appeal tribunal, a medical appeal tribunal or the Attendance Allowance Board may be withdrawn by the applicant by giving written notice to a Commissioner of his intention to do so.
2
At any time before the decision is made, an appeal or reference made to a Commissioner under these Regulations may be withdrawn by the appellant or person making the reference, with the leave of a Commissioner.
3
A Commissioner may, on application by the party concerned, give leave to reinstate any application, appeal or reference which has been withdrawn in accordance with paragraphs (1) and (2) above and, on giving leave, he may make such directions as to the future conduct of the proceedings as he thinks fit.
Irregularities
21
Any irregularity resulting from failure to comply with the requirements of these Regulations before a Commissioner has determined the application, appeal or reference shall not by itself invalidate any proceedings, and the Commissioner, before reaching his decision, may waive the irregularity or take such steps as he thinks fit to remedy the irregularity whether by amendment of any document, or the giving of any notice or directions or otherwise.
PART IV
DECISIONS
Determinations and decisions of a Commissioner
22
1
The determination of a Commissioner on an application for leave to appeal shall be in writing and signed by him.
2
The decision of a Commissioner on an appeal or on a reference shall be in writing and signed by him and, except in respect of a decision made with the consent of the parties, he shall record the reasons.
3
A copy of the determination or decision and any reasons shall be sent to the parties by the office of the Social Security Commissioners.
4
Without prejudice to paragraphs (2) and (3) above, a Commissioner may announce his determination or decision at the conclusion of an oral hearing.
Procedure after determination of a forfeiture rule question
23
1
Subject to paragraph (2) below, the Commissioner who has determined a forfeiture rule question shall remit the case to the adjudicating authority which caused it to be referred to him together with a copy of his decision on that question and that authority shall then dispose of the case in the light of the Commissioner’s decision on the forfeiture rule question.
2
Where, disregarding the forfeiture rule question, the case referred to a Commissioner is one where an appeal tribunal has, or in the event of an appeal from a decision of an adjudication officer would have, jurisdiction to dispose of the case, the Commissioner may, with the consent of the parties, dispose of the case.
Correction of accidental errors in decisions
24
1
Subject to Regulation 26, accidental errors in any decision or record of a decision may at any time be corrected by the Commissioner who gave the decision.
2
A correction made to, or to the record of, a decision shall become part of the decision or record thereof and written notice thereof shall be given by the office of the Social Security Commissioners to any party to whom notice of the decision had previously been given.
Setting aside of decisions on certain grounds
25
1
Subject to this Regulation and Regulation 26, on an application made by any party a decision may be set aside by the Commissioner who gave the decision in a case where it appears just to do so on the ground that —
a
a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or his representative or was not received at an appropriate time by the Commissioner; or
b
a party or his representative had not been present at an oral hearing which had been held in the course of the proceedings; or
c
the interests of justice so require.
2
An application under this Regulation shall be made in writing to a Commissioner, within 30 days from the date on which notice in writing of the decision was given by the office of the Social Security Commissioners to the party making the application.
3
Where an application to set aside a decision is made under paragraph (1), each party shall be sent by the office of the Social Security Commissioners a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
4
Notice in writing of a determination of an application to set aside a decision shall be given by the office of the Social Security Commissioners to each party and shall contain a statement giving the reasons for the determination.
Provisions common to Regulations 24 and 25
26
1
In Regulations 24 and 25 the word“decision” shall include determinations of applications for leave to appeal as well as decisions on appeals and on references.
2
Subject to a direction by a Commissioner to the contrary, in calculating any time for applying for leave to appeal against a Commissioner’s decision there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to Regulation 24 or on which notice was given of a determination that a decision shall not be set aside under Regulation 25, as the case may be.
3
There shall be no appeal against a correction or a refusal to correct under Regulation 24, or a determination given under Regulation 25.
4
If it is impracticable or likely to cause undue delay for a decision or record of a decision to be dealt with pursuant to Regulation 24 or 25 by the Commissioner who gave the decision, the Chief Commissioner or another Commissioner may deal with the matter.
PART V
MISCELLANEOUS AND SUPPLEMENTARY
General powers of a Commissioner
27
1
Subject to the provisions of these Regulations, and without prejudice to Regulation 12, a Commissioner may adopt such procedure in relation to any proceedings before him as he sees fit.
2
A Commissioner may, if he thinks fit: —
a
subject to Regulations 3(5) and 7(2) above, extend the time specified by or under these Regulations for doing any act, notwithstanding that the time specified may have expired;
b
abridge the time so specified;
c
expedite the proceedings in such manner as he thinks fit.
3
A Commissioner may, if he thinks fit, either on the application of a party or of his own motion, strike out for want of prosecution any application for leave to appeal, appeal or reference.
Provided that before making any such order, the Commissioner shall send notice to the party against whom it is proposed that it shall be made giving him an opportunity to show cause why it should not be made.
4
A Commissioner may, on application by the party concerned, give leave to reinstate any application, appeal or reference which has been struck out in accordance with paragraph (3) above and, on giving leave, he may make such directions as to the future conduct of the proceedings as he thinks fit.
5
Nothing in these Regulations shall be construed as derogating from any inherent or other power which is exercisable apart from these Regulations.
Miscellaneous provisions relating to references of forfeiture rule questions
28
1
Section 116 of the Act (tribunal of Commissioners to deal with cases involving questions of law of special difficulty) shall apply in relation to forfeiture rule questions as it applies in relation to the Act.
2
Section 104(1) of the Act (review of decisions) shall apply to a decision on a forfeiture rule question by a Commissioner with the modification that the power of review shall be exercisable only by a Commissioner, to whom any application for review shall be made.
3
Subject to paragraph (2) above and section 14 of the Social Security Act 1980 , the decision of a Commissioner on any reference of a forfeiture rule question shall be final, but any finding of fact or other determination embodied in or necessary to the decision or on which it is based shall not be conclusive for the purpose of any further decision.
Delegation of functions to nominated officers
29
1
All or any of the following functions of a Commissioner may be exercised by a nominated officer, that it so say:
a
making any direction under Regulations 12(1), (3) and (4);
b
making orders for oral hearings under Regulations 15(2) and (3);
c
summoning witnesses under Regulation 18(1) and setting aside a summons made by a nominated officer under Regulation 18(2);
d
ordering the postponement of oral hearings under Regulation 19(1);
e
giving leave for the withdrawal of any appeal or reference under Regulation 20(2);
f
making any order for the extension or abridgement of time, or for expediting the proceedings, under Regulations 27(2)(a), (b) and (c);
g
making an order under paragraph (2) of this Regulation.
2
Any party may, within 10 days of being given the decision of a nominated officer, in writing request a Commissioner to consider, and confirm or replace with his own, that decision, but such a request shall not stop the proceedings unless so ordered by the Commissioner.
Manner of and time for service of notices, etc
30
1
Any notice or other document required or authorised to be given or sent to any party under the provisions of these Regulations shall be deemed to have been given or sent if it was sent by post properly addressed and pre-paid to that party at his ordinary or last notified address.
2
Any notice or other document given, sent or served by post shall be deemed to have been given on the day on which it was posted.
3
Any notice or document required to be given, sent or submitted to or served on a Commissioner: —
a
shall be given, sent or submitted to an office of the Social Security Commissioners;
b
shall be deemed to have been given, sent or submitted if it was sent by post properly addressed and pre-paid to an office of the Social Security Commis-sioners.
Application to a Commissioner for leave to appeal to the Courts
31
1
An application to a Commissioner under section 14(3) of the Social Security Act 1980 for leave to appeal against a decision of a Commissioner shall be made in writing and shall be made within 3 months from the date on which the applicant was given written notice of the decision.
2
In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for such an application to be determined by the Commissioner who decided the case, that application shall be determined —
a
where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner, and
b
where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.
3
If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (2) above shall have effect as if the expression“the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.
4
Regulation 28 of the Social Security (Claims and Payments) Regulations 1979 (persons unable to act) shall apply to the right of appeal conferred by section 14 of the Social Security Act 1980 (appeal from Commissioners etc. on point of law) as it applies to rights arising under the Act.
5
In relation to a decision of a Commissioner which was given in consequence of a reference under section 112(4) of the Act (references of questions of law by medical appeal tribunals), section 14(3) of the Social Security Act 1980 shall have effect with the modification that an application for leave to appeal against the Commissioner’s decision may be made only by —
a
the claimant in relation to whose claim the question of law arose before the medical appeal tribunal; or
b
a person appointed to apply on behalf of the claimant under paragraph (4) above; or
c
a trade union of which the claimant is a member at the material time; or
d
any other association which exists to promote the interests and welfare of its members and of which the claimant is a member at the material time; or
e
an adjudication officer; or
f
the Secretary of State.
6
In paragraph (5)(c) and (d),“the material time” means, where the question of law arose in relation to —
a
an accident, the time of that accident; or
b
a prescribed disease, the date of onset (within the meaning of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 ) of that disease; or
c
a claim for mobility allowance, the date on which the reference was made.
7
In relation to such a decision of a Commissioner as is referred to in paragraph (5), section 14(5) of the Social Security Act 1980 shall have effect with the modification that “the relevant place” means the premises where the medical appeal tribunal which has referred the question of law to the Commissioner usually exercises its functions.
8
A person in respect of whom a forfeiture rule question arises and, as appropriate, an adjudication officer or the Secretary of State shall be authorised to apply for leave to appeal from a Commissioner’s decision of a forfeiture rule question.
9
Regulations 20(1) and 20(3) shall apply to applications to a Commissioner for leave to appeal from a Commissioner as they do to the proceedings therein set out.
Revocation
32
The following Regulations are hereby revoked to the extent that they relate to proceedings before the Commissioners:
i
the Statutory Sick Pay (Adjudication) Regulations 1982 ;
ii
the Social Security (Adjudication) Regulations 1984 ;
iii
the Social Security (Adjudication) Amendment Regulations 1984 ;
iv
the Social Security (Adjudication) Amendment ( No. 2) Regulations 1984 .
Transitional provisions
33
1
Subject to paragraphs (2) and (3) below, these Regulations shall apply to proceedings before the Commissioners commenced before the date on which they come into operation as well as to proceedings commenced on or after that date.
2
Where he considers that the application of these Regulations to proceedings before a Commissioner would be inappropriate, a Commissioner may give such directions for the future conduct of the proceedings as he thinks fit and, in particular, he may order the proceedings to continue as if the Social Security (Adjudication) Regulations 1984 were still applicable to the proceedings to such extent as he may specify.
3
Notwithstanding paragraphs (1) and (2) above, where before these Regulations came into operation the time limit for making an application, appeal or reference to a Commissioner had begun to run, then nothing in these Regulations shall operate so as to reduce that time limit.
Hailsham of St Marylebone, C.
Dated 13th February 1987