type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the National Health Service (Amendment) Act 1986 (Commencement No. 1) Order 1987.
2
Section 3 of the National Health Service (Amendment) Act 1986 shall come into force on 1st April 1987.
Norman Fowler
One of Her Majesty`s Principal Secretaries of State
10th March 1987


text:
1
These Regulations may be cited as the Industrial Assurance (Fees) Regulations 1986 and shall come into force on 1st April 1987.
2
In the Regulations“the Act”means the Industrial Assurance Act 1923.
3
The fees set out in the Schedule hereto shall be payable in respect of the matters set out therein.
4
The Industrial Assurance (Fees) Regulations 1986 are hereby revoked.
J. M. Bridgeman
Industrial Assurance Commissioner
6th March 1987
We approve these Regulations.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1987


text:
1
This Order may be cited as the Hovercraft (Civil Liability) (Amendment) Order 1987 and shall come into force on 1st December 1987.
2
The Hovercraft (Civil Liability) Order 1986 shall be amended as follows —
a
in Schedule 1, Part B, in paragraph (14), for “£34,412” there shall be substituted “£80,009”; and
b
in Schedule 4, in the First Schedule to the Carriage by Air Act 1961 set out therein as modified, in article 22 in paragraph (1) for “£34,412” there shall be substituted “£80,009”.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1987 and shall come into force on 8th September 1987.
Interpretation
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“Channel Island waters” means the waters within 12 miles from the baselines from which the breadth of the territorial sea adjacent to any of the Channel Islands is measured but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines of France;
“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea described in Schedule 1 or specified in Schedule 3 to this Order is identified therein by that roman numeral or that roman numeral and letter as the case may be;
“length” means the length by reference to which the tonnage of a British fishing boat is calculated for the purpose of registration under Part IV of the Merchant Shipping Act 1894 ;
“specified sea fish” means the descriptions of sea fish set out in Schedule 2 to this Order.
Prohibition on landing
3
Subject to article 4 below, the landing in the United Kingdom of any of the specified sea fish caught in ICES VII or VIII is prohibited.
Exceptions from prohibition
4
The prohibition imposed by article 3 above is subject to the following exceptions: —
a
the landing of specified sea fish caught by any fishing boat which is not a British fishing boat;
b
the landing of specified sea fish caught by any British fishing boat whose length is not more than 10 metres;
c
the landing of specified sea fish caught under the authority of a licence granted by or on behalf of one of the Ministers or the Department of Agriculture, Fisheries and Forestry, the Isle of Man;
d
the landing of any of the specified sea fish caught in any part of ICES VIId or ICES VIIe respectively which is within Channel Island waters, if fishing for that description of sea fish in the remainder of the relevant ICES division is for the time being authorised by a licence granted by or on behalf of one of the Ministers;
e
the landing of a quantity of sea fish consisting of one or more of the descriptions of sea fish referred to in an entry in column 2 of Schedule 3 to this Order which —
i
has been caught in a division of ICES VII referred to in column 1 of that Schedule opposite that entry by the fishing boat landing that quantity otherwise than under the authority of a licence granted by or on behalf of one of the Ministers or the Department of Agriculture, Fisheries and Forestry, the Isle of Man, in the course of fishing in that division of ICES VII for another description of sea fish the fishing for which is not prohibited or being prohibited is authorised by such a licence; and
ii
does not exceed 10 per cent by weight of the landed catch.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 6(5) of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
6
The Orders specified in Schedule 4 to this Order are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th September 1987.
John Selwyn Gummer
Minister of State Minister of Agriculture, Fisheries and Food
Ian Lang
Minister of State, Scottish Office
1st September 1987
Ian Grist
Parliamentary Under Secretary of State Welsh Office
28th August 1987
Brian S. Mawhinney
Parliamentary Under Secretary of State Northern Ireland Office
29th August 1987


text:
PART I
PRELIMINARY
Title and commencement
1
This Scheme may be cited as the Fishing Vessels (Financial Assistance) Scheme 1987 and shall come into force on 4th July 1987.
Interpretation
2
1
In this Scheme unless the context otherwise requires–
“the Commission” means the Commission of the European Communities;
“the Council Regulation” means Council Regulation ( EEC ) No. 4028/86 on Community measures to improve and adapt structures in the fisheries and aquaculture sector ;
“exploratory fishing voyage” has the meaning assigned to it by Article 13 of the Council Regulation;
“joint venture” has the meaning assigned to it by Article 18 of the Council Regulation;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“registered fishing vessel” means any fishing vessel registered in the United Kingdom under Part IV of the Merchant Shipping Act 1894 ;
“third country” means any country other than a member state and does not include the Isle of Man or any of the Channel Islands.
2
Any reference in this Scheme to a numbered paragraph shall be construed as a reference to the appropriate paragraph of this Scheme.
3
Where any document is required by a provision of this Scheme to be submitted to the Minister, the document shall be taken to be submitted to the Minister on date on which it is received at an office of the Minister.
Purpose of Scheme
3
This Scheme provides for the making of the following grants for the purpose of re-organising and developing the sea fish catching industry–
a
exploratory voyage grants; and
b
joint venture grants.
PART II
EXPLORATORY VOYAGE GRANTS
Basis of payment
4
An exploratory voyage grant shall be payable, subject to and in accordance with the following provisions of this Part, Part IV of this Scheme and the Council Regulation, to the owner of a registered fishing vessel in respect of an exploratory fishing voyage.
Closing date for applications
5
No application for an exploratory voyage grant shall be submitted after 31st July 1991.
Approval of applications
6
1
If the Minister is satisfied that the proposed voyage to which an application for an exploratory voyage grant relates meets the requirements of Title V of the Council Regulation, he may approve the application and submit it to the Commission in accordance with Article 16 of the Council Regulation.
2
An approval by the Minister under sub-paragraph (1) of this paragraph may be made subject to such conditions as the Minister sees fit.
Voyage not to begin before approval
7
An exploratory voyage grant shall not be paid in respect of an exploratory fishing voyage that is begun before the application relating to that voyage has been approved by the Minister and by the Commission.
Report on completion of voyage
8
1
After the completion of an exploratory fishing voyage in respect of which an application for an exploratory voyage grant has been approved by the Minister and by the Commission, the applicant shall submit to the Minister and to the Commission a report in accordance with Article 17 of the Council Regulation.
2
No such report shall be submitted after 31st May 1992.
Payment
9
On receipt of a report submitted in pursuance of paragraph 8, the Minister may, if he is satisfied–
a
that the voyage to which the report relates was completed substantially in accordance with the application relating to the voyage,
b
that the conditions (if any) subject to which his approval or that of the Commission was given have been observed, and
c
that the foregoing requirements of this Part and the requirements of the Council Regulation have been met in respect of the voyage,
pay an exploratory voyage grant to the applicant.
Amount of grant
10
The amount of grant shall be 10 per cent. of the eligible cost of the voyage calculated in accordance with Article 15 of the Council Regulation.
PART III
JOINT VENTURE GRANTS
Basis of payment
11
A joint venture grant shall be payable, subject to and in acccordance with the following provisions of this Part and Part IV of this Scheme and the Council Regulation, to the owner of a registered fishing vessel in respect of his participation in a joint venture.
Applications
12
1
An application for a joint venture grant shall include a description of the proposed joint venture in respect of which the application is made, specifying in particular its expected duration and the area and vessel concerned.
2
No application for a joint venture grant shall be submitted after 31st July 1991.
Approval of applications
13
1
If the Minister is satisfied that the proposed joint venture project to which an application for a joint venture grant relates meets the requirements of Title VI of the Council Regulation, he may approve the application and submit it to the Commission in accordance with Article 21 of the Council Regulation.
2
An approval by the Minister under sub-paragraph (1) of this paragraph may be made subject to such conditions as the Minister sees fit.
Venture not to begin before approval
14
A joint venture grant shall not be paid in respect of a joint fishing venture that is begun before the application relating to that venture has been approved by the Minister and by the Commission.
Report of completion of joint venture
15
1
After the completion of a joint venture in respect of which an application for a joint venture grant has been approved by the Minister and by the Commission, the applicant shall submit to the Minister and to the Commission a report that the venture has been completed.
2
No such report shall be submitted after 31st May 1992.
3
For the purposes of this paragraph and paragraph 16, a joint venture which involves the temporary transfer of a vessel to third country waters is completed at the end of the period of transfer.
Payment
16
On receipt of a report submitted in pursuance of paragraph 15(1), the Minister may, if he is satisfied–
a
that the venture to which the report relates was completed substantially in accordance with the application relating to the venture,
b
that the conditions (if any) subject to which his approval or that of the Commission was given have been observed, and
c
that the foregoing requirements of this Part and the requirements of the Council Regulation have been met in respect of the venture,
pay a joint venture grant to the applicant.
Amount of grant
17
The amount of a joint venture grant shall be equal to the amount of the co-operation premium calculated in accordance with Articles 20 and 48 of the Council Regulation.
PART IV
GENERAL
Application to Minister
18
Any application for a grant under this Scheme shall be submitted to the Minister.
Form and manner of applications, etc.
19
Any application, amendment or report submitted in pursuance of or in accordance with any provision of this Scheme shall be made in such form and manner as the Minister may determine.
Furnishing of information
20
Any applicant for a grant under this Scheme shall provide all such information and documentation relating to his application, including any information or documentation or report submitted in pursuance of or in accordance with any provision of this Scheme, as the Minister may require.
Records
21
Any person who has received any payment under this Scheme shall preserve until the end of the third calendar year following the calendar year in which the payment was made all books, documents or other records which relate to any application made by him for payment under the Scheme and shall supply to the Minister such copies of such of those books, documents or other records as the Minister may require.
Recovery where false statement made
22
If any person makes a false statement or furnishes false information in connection with an application for grant under this Scheme, the Minister may recover as a civil debt a sum equivalent to the amount of any grant already made in relation to that application.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th June 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
24th June 1987
Peter Walker
Secretary of State for Wales
18th June 1987
Tom King
Secretary of State for Northern Ireland
24th June 1987
We approve,
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 1987


text:
Citation and commencement
1
1
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1987 and shall come into force —
a
as to Rules 1, 32 to 61 and 63, on 1st October 1987,
b
as to Rules 2 to 31, on 2nd November 1987, and
c
as to Rule 62, on 1st October 1987 or, in relation to any section of the Financial Services Act 1986 which is not in force on that date, on the date when such section comes into force.
2
In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A or B is a reference to Appendix A or B to those Rules.
Admiralty and Commercial Registry
2
In each of the Orders listed below, for the words “Admiralty Registry” there shall be substituted the words “Admiralty and Commercial Registry” —
Order 1, rule 4 (definition of “cause book”),
Order 4, rule 5,
Order 32, rule 7,
Order 57, rule 2(4),
Order 57, rule 3,
Order 57, rule 4,
Order 57, rule 6,
Order 62, rule 29(6),
Order 67, rule 1(2) (twice),
Order 75, rule 1(2) (definition of “registry”),
Order 78, rule 3.
3
Order 6, rule 7(2) shall be amended by inserting after the words “Queen’s Bench Division; or” the words “ (b) the Admiralty and Commercial Registry if it relates to proceedings intended to be conducted in the Admiralty Court or the Commercial Court; or” and the following items shall be relettered accordingly.
4
Order 7, rule 5(1) shall be amended by substituting for the words “either out of the Central Office” the words “out of the Central Office or out of the Admiralty and Commercial Registry”.
5
Order 8, rule 3(4) shall be amended by substituting for the words “must be issued in the Central Office” the words “may be issued out of the Central Office or out of the Admiralty and Commercial Registry”.
6
Order 15, rule 3(4) shall be amended by inserting after the words “or is an Admiralty” the words “or commercial” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.
7
Order 16, rule 3(3) shall be amended by inserting after the words “or is an Admiralty” the words “or commercial” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.
8
Order 21, rule 2(4) shall be amended by inserting after the words “the action is” the words “a commercial action or is” and by inserting after the words “to an officer” the words “in the Admiralty and Commercial Registry or to an officer”.
9
Order 32, rule 2(3) shall be amended by inserting after the words “Admiralty cause or matter” the words “or a commercial action” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.
10
Order 34, rule 3(5) shall be amended by inserting after the words “the head clerk of the Crown Office” the words “or the chief clerk of the Admiralty and Commercial Registry”.
11
Order 34, rule 9 shall be amended by substituting for paragraph (3) the following paragraph —
3
In this rule “proper officer” has the same meaning as in rule 3.
.
12
Order 41, rule 9(2) shall be amended by inserting after the words “Admiralty cause or matter” the words “or in a commercial action” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.
13
Order 42, rule 5(1) shall be amended by inserting after the words “Queen’s Bench Division” the words “(including an Admiralty cause or matter)”.
14
Order 42, rule 5(7) shall be amended by inserting after the words “is the Central Office” the words “or the Admiralty and Commercial Registry, as the case may be”.
15
Order 46, rule 6(6) shall be amended by inserting after the words “Admiralty cause or matter” the words “or a commercial action” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.
16
Order 71, rule 44 shall be amended by substituting for the words “in the Central Office under the direction of the Senior Master” the words “in the Admiralty and Commercial Registry under the direction of the Senior Master”.
17
Order 72, rule 4(1) and (2) shall be amended by substituting for the words “the Central Office” the words “the Admiralty and Commercial Registry”.
18
Order 72 shall be further amended by adding at the end the following new rule —
Admiralty and Commercial Registry
11
1
In the application of Order 28, rule 2 to commercial actions begun by originating summons, the reference to the Central Office shall have effect as a reference to the Admiralty and Commercial Registry.
2
Order 38, rule 14 shall apply in relation to the issue of a writ of subpoena ad testificandum or subpoena duces tecum in a commercial action as if for references therein to the Central Office there were substituted references to the Admiralty and Commercial Registry.
3
Order 39 and Form Nos. 31, 32 and 34 in Appendix A shall apply in relation to a commercial action as if for references therein to the Central Office (except the references in rule 3) there were substituted references to the Admiralty and Commercial Registry.
4
Order 63, rules 3 and 4 shall apply in relation to documents filed in the Admiralty and Commercial Registry as they apply in relation to documents filed in the Central Office.
.
19
Order 73, rule 4 shall be amended by substituting for the words “the Central Office” the words “the Admiralty and Commercial Registry”.
20
Order 73, rule 9(5) shall be amended by substituting for the words “in the Central Office under the direction of the Senior Master” the words “in the Admiralty and Commercial Registry under the direction of the Senior Master”.
21
Order 75, rules 2A(1) and 26(3) shall be amended by substituting for the words “the Admiralty Registry” the words “the registry”.
22
Order 75, rule 3(2) shall be amended by substituting for the words “out of the Admiralty registry” the words “out of the registry” and by substituting for the words “to the Admiralty registry” the words “to the Admiralty and Commercial Registry”.
23
Order 75, rule 45 shall be revoked.
24
Order 75, rule 46(1) shall be amended by substituting for the heading the words “ Date of filing and inspection of documents in the Registry ” and for the words “Order 63, rule 4(1) and (3)” the words “Order 63, rules 3 and 4”.
25
Form No. 1 in Appendix A shall be amended by inserting after the words “Central Office” the words “[ or the Admiralty and Commercial Registry]”.
26
Form No. 10 in Appendix A shall be amended by inserting after the words “Central Office” the words “[ or in the case of a commercial action before the Judge in chambers, Admiralty and Commercial Registry,]”.
27
Form No. 11 in Appendix A shall be amended by inserting after the words “Central Office” the words “[ or in the case of a commercial action before the Judge in chambers, Admiralty and Commercial Registry,] [ or in the case of Admiralty proceedings before the Admiralty Registrar [ or Judge] in chambers, Admiralty and Commercial Registry,]”.
28
Form No. 14 in Appendix A shall be amended by inserting after the words “Strand, London WC2A 2LL” where they first appear in paragraph 1 of the Directions the words “[ or, if the Writ was issued out of the Admiralty and Commercial Registry, to the Admiralty and Commercial Registry, Royal Courts of Justice, Strand, London WC2A 2LL]”.
29
Form No. 14 in Appendix A shall be further amended by inserting after the words “Central Office” in paragraph 8 of the Notes the words “or the Admiralty and Commercial Registry”.
30
Form No. 15 in Appendix A shall be amended by inserting after the words “Strand, London WC2A 2LL” where they first appear in the Directions the words “[ or, if the originating summons was issued out of the Admiralty and Commercial Registry, to the Admiralty and Commercial Registry, Royal Courts of Justice, Strand, London WC2A 2LL]”.
31
Form Nos. 1, 2, 2B and 8 in Appendix B shall be amended by substituting for the words “Admiralty Registry”, wherever they appear, the words “Admiralty and Commercial Registry”.
Appearance Gratis
32
Order 12 shall be amended by inserting after rule 8 the following new rule —
Application by defendant where writ not served
12A
1
Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him.
2
Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit.
3
A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons.
4
Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2) the defendant must acknowledge service within the time limited for so doing.
.
Split trials and payment into court
33
Order 16, rule 10 shall be amended as follows.
1
The existing rule 10 shall become paragraph (1) of rule 10.
2
After the words “or damages, then,” in paragraph (1) there shall be inserted the words “subject to paragraph (2) and”.
3
After paragraph (1) there shall be inserted the following new paragraph —
2
Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the judge the fact that a written offer under paragraph (1) has or has not been made and the date (but not the amount) of such offer or of the first such offer if more than one.
.
34
Order 22, rule 7 shall be amended as follows.
1
The existing rule 7 shall become paragraph (1) of rule 7.
2
After the words “hearing has begun,” in paragraph (1) there shall be inserted the words “and subject to paragraph (2)”.
3
After paragraph (1) there shall be inserted the following new paragraph —
2
Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the Court the fact that a payment into court has or has not been made and the date (but not the amount) of such payment or of the first payment if more than one.
.
Amendment of pleadings by consent
35
Order 20, rule 12(1) shall be amended by substituting, for the words “in a cause or matter in the Chancery Division”, the words “in any cause or matter”.
Provision of copies of documents on discovery
36
Order 24 shall be amended by inserting after rule 11 the following new rule —
Provision of copies of documents
11A
1
Any party who is entitled to inspect any documents under any provision of this Order or any order made thereunder may at or before the time when inspection takes place serve on the party who is required to produce such documents for inspection a notice (which shall contain an undertaking to pay the reasonable charges) requiring him to supply a true copy of any such document as is capable of being copied by photographic or similar process.
2
The party on whom such a notice is served must within 7 days after receipt thereof supply the copy requested together with an account of the reasonable charges.
3
Where a party fails to supply to another party a copy of any document under paragraph (2), the Court may, on the application of either party, make such order as to the supply of that document as it thinks fit.
.
37
Order 24 shall be further amended by inserting —
a
in rule 13(1) after the words “to the Court” the words “or for the supply of a copy of any document”,
b
in rule 13(2) after the words “to the Court” the words “or for the supply of a copy of any document”, and
c
in rule 13(2) after the words “such production”, in both places where they appear, the words “or supply”.
38
Order 24 shall be further amended by inserting in rule 16(1) after the words “or any other purpose” the words “or to supply copies thereof”.
Discovery of documents and disclosure
39
Order 24 shall be amended by inserting, after rule 14, the following new rule —
Use of documents
14A
Any undertaking, whether express or implied, not to use a document for any purposes other than those of the proceedings in which it is disclosed shall cease to apply to such document after it has been read to or by the Court, or referred to, in open court, unless the Court for special reasons has otherwise ordered on the application of a party or of the person to whom the document belongs.
.
Expert evidence
40
Order 38, rule 36(1) shall be amended by omitting the words “, 38”.
41
For Order 38, rules 37 and 38 there shall be substituted the following new rules —
Direction that expert report be disclosed
37
Where in any cause or matter an application is made under rule 36(1) in respect of oral expert evidence, then, unless the Court considers that there are special reasons for not doing so, it shall direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify.
Meeting of experts
38
In any cause or matter the Court may, if it thinks fit, direct that there be a meeting “without prejudice” of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement.
.
42
Order 38, rule 39 shall be amended by omitting the words “or 38”.
43
Order 38, rule 43 shall be amended by omitting the words “or 38”.
Interlocutory applications in the Divisional Court
44
Order 32, rule 11 shall be amended by inserting, in paragraph (1) (a) , after the words “other than applications to which”, the words “Order 55, rule 6A, Order 56, rule 13 or”.
45
Order 32, rule 11 shall be further amended by substituting a comma for the semicolon at the end of paragraph (1) (c) and by adding thereafter the words “other than applications to which Order 55, rule 6A or Order 56, rule 13 applies;”.
46
Order 55 shall be amended by inserting, after rule 6, the following new rule —
Interlocutory applications
6A
1
Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen’s Bench Division or, as the case may be, any Judge or a Registrar of the Family Division, notwithstanding that the appeal has been brought by motion and is to be heard by a Divisional Court.
In this paragraph “interlocutory application” includes an application for the extension of time for the service of the notice of motion or the entry of the appeal or for the amendment of the notice of motion.
2
In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the appeal is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge in chambers.
3
This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.
.
47
Order 56, rule 7(3) shall be amended by substituting, for the words “The following rules”, the words “This rule and rules 8 to 12”.
48
Order 56 shall be further amended by inserting, after rule 12, the following new rule —
Interlocutory applications
13
1
Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen’s Bench Division or, as the case may be, any Judge or a Registrar of the Family Division, notwithstanding that the appeal has been brought by case stated and is to be heard by a Divisional Court.
In this paragraph “interlocutory application” includes an application for an order extending the time for entry of the appeal or for service of notice of entry of the appeal.
2
In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the application is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge in chambers.
3
This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.
.
Enforcement of decisions of value added tax tribunals
49
Order 45 shall be amended by adding after rule 13 the following new rule —
Enforcement of decisions of Value Added Tax Tribunals
14
1
An application under section 29 of the Finance Act 1985 for registration of a decision of a Value Added Tax Tribunal on an appeal under section 40 of the Value Added Tax Act 1983 shall be made by a request in writing to the head clerk of the Crown Office —
a
exhibiting the decision or a duly authenticated copy thereof,
b
stating, so far as is known to the deponent, the name and occupation and the usual or last known address or place of business of the person against whom it is sought to enforce the decision, and
c
stating, to the best of the deponent’s information and belief, the amount which as a result of the decision is, or is recoverable as, tax from such person at the date of the application and the amount then remaining unpaid of any costs awarded to the Commissioners of Customs and Excise by the decision.
2
Notice of the registration of a decision must be served on the person against whom it is sought to enforce the decision by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such manner as the Court may direct.
3
There shall be kept in the Central Office under the direction of the Senior Master a register of the decisions registered under section 29 of the Finance Act 1985, and there shall be included in the register particulars of any execution issued on a decision so registered.
.
Costs
50
Order 45 shall be amended by adding, after rule 14, the following new rule —
Signing judgment for costs without an order
15
A party entitled to tax his costs by virtue of paragraphs (3), (4), (5) or (6) of Order 62, rule 5 may, if the taxed costs are not paid within 4 days after taxation, sign judgment for them.
.
51
Order 62, rule 1(4) shall be amended by omitting the words “arising out”.
52
Order 62, rule 5(4) and (5) shall be amended by substituting, for the words “Order 22, rule 3”, the words “Order 22, rule 3(1)”.
53
Order 62, rule 18(3) shall be amended by substituting, for the sum of “£6.25 an hour”, the sum of “£6.50 an hour”.
54
Order 62, rule 34(4) shall be amended by substituting, for the words “pursuant to rule 22(1) (a) ”, the words “pursuant to rule 22(1) (a) or (b) ”.
55
Appendix 3 to Order 62 shall be amended as follows —
1
In paragraph 2(ii) in Part I, for the words “the fee paid on the issue of the writ”, there shall be substituted the words “the appropriate court fees”;
2
For Table A (Basic Costs) in Part I there shall be substituted the following Table —
A. Basic Costs
Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix (a) (b) (c) £ p £ p £ p
If the amount recovered is —
not less than £600
but less than £2,000 —
i
where the writ was served by post
42.00 54.50 96.00
ii
where the writ was served on the defendant personally
46.00 58.50 100.00
not less than £2,000
but less than £3,000 —
i
where the writ was served by post
46.00 60.50 100.00
ii
where the writ was served on the defendant personally
50.00 64.00 104.00 not less than £3,000 60.50 86.75 124.00
3
Table B (Additional costs) in Part I shall be amended by substituting, for the figures shown in columns (i) and (ii), the following figures —
(i) (ii)
(1) 6.50 8.25 (2) 15.00 31.50 (3) (a) 23.50 41.75 (b) 27.50 46.50 (4) 11.00 12.00 (5) 11.00 12.00 (6) 8.25 15.25;
4
Part III, paragraph 1 shall be amended by substituting, for the sum of “£5.75”, the sum of “£6.00”;
5
Part III, paragraph 2 shall be amended by substituting, for the sum of “£23.00”, the sum of “£24.00”;
6
Part III, paragraph 3 shall be amended as follows —
a
for the sum of “£14” in sub-paragraph (a) there shall be substituted the sum of “£14.50”;
b
for the table “ Basic Costs ” in sub-paragraph (b) there shall be substituted the following table —
i
Basic Costs
If the amount recovered by the applicant from the garnishee is —
£ p
less than £118 one half of the amount recovered not less than £118 60.00
;
c
for the sum of £10.50 in the table “ Additional costs ” in sub-paragraph (b) there shall be substituted the sum of “£11.00”;
7
Part III, paragraph 4 shall be amended by substituting, for the sums of “£64.00” and “£10.50”, the sums of “£67.00” and “£11.00”.
8
Part III, paragraph 5 shall be amended by substituting for the sums of “£24.50” and “£1.60”, the sums of “£25.50” and “£1.70”;
9
Part III, paragraph 6 shall be amended by substituting, for the sum of “£30.00”, the sum of “£31.50”.
Appeals from masters
56
Order 58, rule 1(3) shall be amended by substituting, for the words “and an appeal to which” to the end, the words “and must be served within 5 days after issue and an appeal to which this rule applies shall not be heard sooner than two clear days after such service.”.
57
Order 58, rule 3(2) shall be amended by substituting, for the words “for the references therein to 5 days and two clear days”, the words “for the first reference therein to 5 days and the reference therein to two clear days”.
Appeals from Special Commissioners direct to the Court of Appeal
58
Order 61 shall be amended by inserting the following new rule after rule 3 —
Appeals from Special Commissioners direct to Court of Appeal
4
1
An application to the Court of Appeal for leave for a case stated by the Special Commissioners under section 56 of the Taxes Management Act 1970 to be referred direct to the Court of Appeal shall be made within 30 days after the date on which the party at whose instance the case has been stated receives the case.
2
Such an application shall be made by the parties jointly by lodging the case and a statement of the grounds of the application with the Registrar of Civil Appeals.
3
Such an application shall be determined by a single Judge of the Court of Appeal, who may do so without a hearing.
4
Where leave is refused under this rule the Registrar of Civil Appeals shall forthwith send back the case to the party who required it.
5
Where leave is granted under this rule the Registrar of Civil Appeals shall enter the case in the appropriate list and shall forthwith notify the parties of the date of entry; and the case shall not be heard until after the expiration of 21 days from that date.
6
Not less than 10 days before the hearing of the case either party must give notice to the other of any point which he intends to take at the hearing and which might take the other by surprise and shall furnish three copies of the notice to the Registrar of Civil Appeals.
7
The Registrar of Civil Appeals shall notify the Clerk to the Special Commissioners of the decision of the Court of Appeal on the case and of any directions given by that court thereon.
8
Rule 3 shall not apply in relation to a case stated under section 56 of the Taxes Management Act 1970.
.
Payment for transcripts
59
Order 68, rule 3 shall be amended by substituting, for the words from “legal aid might have been” to the end, the words “legal aid to make or defend an appeal has been given to the appellant or, as the case may be, the respondent under Part I of the Legal Aid Act 1974 .”.
Arbitration Proceedings
60
Order 73, rule 7 shall be amended by substituting for paragraph (1) the following paragraph —
1
Subject to paragraph (1A), service out of the jurisdiction of —
a
any originating summons or notice of originating motion under the Arbitration Act 1950 or the Arbitration Act 1979 , or
b
any order made on such a summons or motion as aforesaid,
is permissible with the leave of the Court provided that the arbitration to which the summons, motion or order relates is governed by English law or has been, is being, or is to be held within the jurisdiction.
.
Dismissal of patient’s appeal by consent
61
Order 80, rule 10 shall be amended as follows —
1
the existing rule 10 shall become paragraph (1) of rule 10;
2
after paragraph (1) there shall be inserted the following new paragraph —
2
Notwithstanding anything in paragraph (1), where the receiver or other person authorised under Part VII of the Act to conduct legal proceedings in the name of the patient or on his behalf has also been authorised by the Court of Protection under its seal to consent to the dismissal of an appeal to the Court of Appeal by that patient, the appeal may be dismissed by consent without a hearing.
.
Financial Services Act 1986
62
Order 93 shall be amended by adding at the end the following new rule —
Proceedings under the Financial Services Act 1986
22
1
In this rule “the Act” means the Financial Services Act 1986 and a section referred to by number means the section so numbered in that Act.
2
Proceedings in the High Court under the Act (other than applications for mandamus) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division.
3
Such proceedings and actions shall be begun by writ, except for —
a
applications by petition by the Secretary of State or a designated agency under section 72, and
b
applications by Inspectors under section 94 or section 178, which shall be begun by originating notice of motion.
4
No order shall be made under section 6, 61, 71, 91, 104, 131, 184 or paragraph 22 of Schedule 11 against any person unless he is a party to the relevant proceedings or action.
5
Where there is a question of the construction of any of the rules or regulations referred to in section 61(1) (a) of the Act, the Secretary of State, designated agency, or any person referred to in section 61(1) (a) (iv) may make representation to the Court.
.
Miscellaneous minor amendments and obsolete references
63
The rules cited in the first column of the Schedule to these Rules shall be amended by substituting for the words in the second column thereof the words, if any, in the third column thereof.
Havers, C.
Lane, C. J.
John F. Donaldson, M. R.
John Arnold, P.
Nicolas Browne-Wilkinson, V-C.
Dillon, L. J.
Hirst, J.
Steyn, J.
John R. Cherryman
Michael S. Howells
Harvey M. Crush
Dated 6th August 1987


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Waste Food) (Amendment) Order 1987 and shall come into force on 10th March 1987.
Amendment
2
The Diseases of Animals (Waste Food) Order 1973 shall be amended as follows: —
a
after paragraph (3) of article 2 there shall be inserted the following paragraph —
4
Any reference in this Order to granting a licence includes a reference to renewing a licence before it ceases to be valid.
;
b
in article 3 (prohibitions relating to unprocessed waste food etc )
i
in paragraph (1) the words “Subject to paragraph (4) of this article,” shall be omitted;
ii
in paragraph (2) for the words “Subject to paragraph (4) of this article (but without prejudice to the provisions of article 4 of this order)” there shall be substituted the words, “without prejudice to the provisions of article 4 of this Order”; and
iii
paragraph (4) shall be omitted; and
c
after article 11 (applications for licences) there shall be inserted the following article —
11A
The issuing authority may —
a
before granting a licence under article 7 authorising the operation of plant and equipment for processing waste food on any premises; or
b
before granting a licence under article 8 authorising the reception of waste food on any premises,
carry out such inspections, examinations and tests as it considers necessary for the purpose of ascertaining —
i
whether the premises conform to the specifications set out in Part I of Schedule 1 or Part I of Schedule 2 to this Order (as appropriate) or are of a standard substantially equivalent to those specifications; and
ii
whether the operation of plant and equipment on the premises for processing waste food or (as the case may be) the use of the premises for the reception of waste food would give rise to a risk of the spread of disease.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
17th February 1987
Nicholas Edwards
Secretary of State for Wales
17th February 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) Amendment (No. 2) Regulations 1987 and shall come into force —
a
for the purposes only of the determination of claims and questions relating to —
i
income support on 23rd November 1987,
ii
family credit on 1st January 1988;
b
for all other purposes on 11th April 1988.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered or lettered Part, Section, regulation or Schedule is a reference to the Part, Section, regulation or Schedule bearing that number or letter in the Social Security (Adjudication) Regulations 1986 .
Amendment of regulation 1
2
In regulation 1 (interpretation) —
a
in paragraph (2) —
i
in the definition of “the Acts”, the references to the Family Income Supplements Act 1970 and the Supplementary Benefits Act 1976 shall be omitted;
ii
in the definition of “claimant”, after the words “a beneficiary under the award or” there shall be inserted the words “a person”;
iii
after the definition of “full-time chairman” these shall be inserted the following definition —
“income support” means income support under Part II of the 1986 Act and includes personal expenses addition, special transitional addition and transitional addition as defined in the Income Support (Transitional) Regulations 1987 ;
iv
in the definition of “party to the proceedings” in sub-paragraph (a) the words in parenthesis shall be omitted and for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
in any other proceedings, the adjudication officer and the Secretary of State except in proceedings in which the adjudication officer or the Secretary of State is the adjudicating authority;
;
b
for paragraph (3) there shall be substituted the following paragraph —
3
Where, by any provision of the Acts or of these Regulations —
a
any notice or other document is required to be given or sent to any office, that notice or document shall be treated as having been so given or sent on the day that it is received in that office; and
b
any notice or other document is required to be given or sent to any person, that notice or document shall, if sent by post to that person’s last known or notified address, be treated as having been sent on the day that it was posted.
.
Amendment of regulation 19
3
After paragraph (1) of regulation 19 (other questions for determination by the Secretary of State) there shall be inserted the following paragraph —
1A
The Secretary of State may review any determination given by him on any question referred to in paragraph (1) above if —
a
new facts have been brought to his notice, or
b
he is satisfied that the determination —
i
was given in ignorance of some material fact,
ii
was based on a mistake as to some material fact, or
iii
was erroneous in point of law.
.
Amendment of regulation 20
4
Paragraph (3) of regulation 20 (notification of decisions) shall be omitted.
Amendment of regulation 31
5
In paragraph (4) of regulation 31 (medical appeal tribunals), the words from “in such form” to “Secretary of State” shall be omitted.
Amendment of regulation 56
6
In regulation 56 (reference of medical questions for report) —
a
the second paragraph (2) shall be re-numbered paragraph (3) and paragraph (3) shall be re-numbered paragraph (4);
b
in paragraph (1), for the words “regulation 54 and of regulation 57(2)” there shall be substituted the words “the following paragraphs of this regulation and of regulation 59(2)”;
c
in paragraph (2)(b)(iii), for the reference to “regulation 1(2) of the Family Income Supplements (General) Regulations 1980” there shall be substituted a reference to “section 84(1) of the 1986 Act”.
Amendment of regulation 59
7
In paragraph (2) of regulation 59 (appeal or reference to a medical board), for the reference to “regulation 56(3)” there shall be substituted a reference to “regulation 56(4)”.
Amendment of Part IV Section C
8
For Part IV Section C there shall be substituted the following —
SECTION C — INCOME SUPPORT
Notification of decisions in income support cases
63
1
Subject to paragraphs (2), (3) and (4), the decision of an adjudication officer on any claim or question relating to income support shall be notified in writing to the claimant who shall at the same time be notified of his right to request a statement of the reasons for that decision and of his right of appeal to an appeal tribunal.
2
Where, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, income support is payable together with a benefit under the 1975 Act , notice of the aggregate amount so payable shall be notice for the purpose of paragraph (1).
3
Written notice shall not be required of a determination awarding benefit which is implemented by a cash payment if in all the circumstances it would be impracticable to give such a notice.
4
Written notice shall not be required of a determination terminating entitlement to income support if the reason for the termination is already known to the claimant or it is otherwise reasonable in the circumstances not to give such notice.
5
So far as may be practicable, and subject to paragraph (6), where a claimant is notified of a decision under paragraph (1) or (2) the Secretary of State shall also give or send him a written notice of assessment showing —
a
the total amounts of the personal allowances, family premium, other premiums and housing costs determined under Part IV of the Income Support (General) Regulations 1987 as are appropriate in his case; and
b
the income taken into account; and
c
any personal expenses addition, special transitional addition and transitional addition payable under the Income Support (Transitional) Regulations 1987 .
6
Paragraph (5) shall not apply to any determination —
a
that income support is not payable for any reason other than that the claimant’s income exceeds the applicable amount;
b
made on review under regulation 69, either under paragraph (3) of that regulation or where in other cases under that regulation the Secretary of State considers a written notice of assessment unnecessary;
c
in respect of a claimant to whom section 23(8) of the 1986 Act (return to work after trade dispute) applies.
7
If, within the time limited by regulation 3 and Schedule 2 for the bringing of an appeal against an adjudication officer’s decision, the claimant requests a statement of the reasons for that decision he shall be given such a statement in writing and shall again be informed of his right of appeal.
Income support and social fund questions not immediately determinable
64
1
Where on consideration of a claim or question relating to income support or to payment of maternity expenses from the Social Fund under Part III of the 1986 Act it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, such benefit depends on the determination of any of the questions mentioned in paragraph (3), and he is satisfied that the question cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of the question so mentioned will be adverse to the claimant.
2
Without prejudice to the power of an adjudication officer to refer any claim or question to an appeal tribunal under section 99(2) of the 1975 Act , and notwithstanding the provisions of section 100 of that Act, on an appeal to an appeal tribunal in any case where the adjudication officer has applied the provisions of paragraph (1) in respect of any of the questions mentioned in paragraph (3), the tribunal shall not determine the last mentioned question until it has been determined by an adjudication officer.
3
The questions referred to in paragraphs (1) and (2) are —
a
whether in relation to any person the applicable amount falls to be reduced or disregarded to any extent by virtue of section 23(3) of the 1986 Act (persons affected by trade disputes);
b
whether regulation 22 of the Income Support (General) Regulations 1987 (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies to a person by virtue of paragraph (4)(c)(iii) of that regulation and, if so, the period of its application by virtue of paragraph (6)(c) of that regulation;
c
whether by virtue of regulation 9(1) of the Income Support (General) Regulations 1987 (persons treated as available for employment) a person is to be treated as available for employment and whether by virtue of regulation 10(1)(b), (d) or (g) of those Regulations he is not to be so treated;
d
whether for the purposes of regulation 12 of the Income Support (General) Regulations 1987 (relevant education) a person is by virtue of that regulation to be treated as receiving relevant education;
e
whether for the purposes of regulation 43 of the Income Support (General) Regulations 1987 (notional earnings of seasonal workers) a person is a seasonal worker and, if he is, the duration of —
i
his last period of normal employment,
ii
his off-season,
except that this sub-paragraph shall not apply in respect of a person who was, during his last period of employment, a self-employed earner (other than a share fisherman);
f
whether for the purposes of regulation 10(1)(a) of the Income Support (General) Regulations 1987 (circumstances in which claimants are not to be treated as available for employment) after a situation in any suitable employment has been properly notified to a claimant as vacant or about to become vacant he has without good cause refused or failed to apply for that situation or refused to accept that situation when offered to him.
.
Amendment of regulation 65
9
1
In regulation 65 (review of decisions involving payment or increase of benefit other than industrial injuries benefit, mobility allowance, supplementary benefit or family income supplement) —
a
in paragraph (1), for the words preceding “is revised so as to make benefit payable” there shall be substituted the words —
Review of decisions involving payment or increase of benefit other than industrial injuries benefit, mobility allowance, income support or family credit
65
1
Where on a review a decision relating to benefit other than industrial injuries benefit, mobility allowance, income support or family credit
;
b
in paragraph (3), for the words from the beginning to “in respect of any part of the” there shall be substituted the words “Subject to regulation 72, no sum on account of benefit shall, in a case to which paragraph (2) applies, be paid to any person”.
Amendment of regulation 69
10
For regulation 69 there shall be substituted the following regulation —
Review in income support cases
69
1
Subject to regulation 72, a determination on a claim or question relating to income support shall not be revised on review under section 104 of the 1975 Act so as to make income support payable or to increase the amount of income support payable in respect of —
a
any period which falls more than 12 months before the date on which the review was requested or, where no request is made, the date of the review; or
b
any past period which falls within the period of 12 months mentioned in sub-paragraph (a) and has been followed by termination or interruption of entitlement to income support and —
i
the total amount of the increase would be £5 or less, or
ii
the grounds for review are a material fact or relevant change of circumstances of which the claimant was aware but of which he previously failed to furnish information to the Secretary of State.
2
A change mentioned in paragraph 7(8) of Schedule 3 to the Income Support (General) Regulations 1987 (fall in interest rates or reduction of outstanding loan capital) shall be deemed not to be a change of circumstances if the amount of the instalments payable to the lender remains constant but, in such a case, where a determination is subsequently reviewed under section 104(1)(b) of the 1975 Act, that review shall also take account of any such change.
3
A determination relating to income support made by an adjudicating authority or a Commissioner may be reviewed by an adjudication officer or, on a reference by him, by an appeal tribunal for the sole purpose of giving effect to any change in —
a
any amount specified in Schedules 2 to 7 of the Income Support (General) Regulations 1987;
b
the prescribed rate of any payment —
i
under the Child Benefit Act 1975 , the 1975 Act or Part II of the 1986 Act as it applies to family credit, or
ii
made by virtue of any scheme made under the Industrial Injuries and Diseases (Old Cases) Act 1975 , or
iii
of a war disablement pension or war widow’s pension as defined in section 84(1) of the 1986 Act,
but any such change shall be deemed not to be a change of circumstances for the purposes of section 104 of the 1975 Act.
4
A determination relating to income support made by an adjudicating authority or a Commissioner shall be reviewed by an adjudication officer or, on a reference by him, by an appeal tribunal where this is necessary to give effect to —
a
regulation 22 of the Income Support (General) Regulations 1987 (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification); or
b
a determination given on a question to which regulation 64 applies; or
c
a change of circumstances to which regulation 14 (reduction and termination of transitional and personal expenses addition) and regulation 15 (special transitional addition) of the Income Support (Transitional) Regulations 1987 applies, and paragraph (3) shall not apply in any such case.
.
Amendment of regulation 70
11
For regulation 70 there shall be substituted the following regulation —
Review in family credit cases
70
Where a review under section 104(1)(a) of the 1975 Act of a decision relating to family credit arises from a disclosure of a material fact of which the person who claimed family credit was, or could reasonably have been expected to be, aware but of which he previously failed to furnish information to the Secretary of State, then if that review would result in either a new award of family credit or an increase in the amount of family credit payable, such new award or increase shall not be payable in respect of any period earlier than 12 months before the date on which that person first furnished that information.
.
Amendment of Schedule 2
12
In paragraph 1(b) of Schedule 2 (time limits for making applications, appeals or references), for the reference to “regulation 59” there shall be substituted a reference to “regulation 58(2)”.
Savings
13
The Social Security (Adjudication) Regulations 1986 shall continue to apply to the adjudication of claims and questions relating to any benefit payable under the Supplementary Benefits Act 1976 or the Family Income Supplements Act 1970 as if these Regulations had not been made.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
20th November 1987


text:
1
1
This Order may be cited as the Remuneration of Teachers (Primary and Secondary Education) (Amendment) (No. 3) Order 1987.
2
This Order shall come into force on 28th February 1987.
2
The scales and other provisions contained in the 1983 Document, as amended, are hereby further amended, with effect from 28th February 1987 in the manner specified in Schedule 2 to this Order, and with effect from 1st July 1986 in the manner specified in Schedule 3 to this Order.


text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and Other Reliefs) Order 1987 and shall come into force on 1st January 1988.
2
In this Order —
references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ;
references to customs duty are references to duty charged by the Customs Duties (ECSC) (No.2) Order 1985 in relation to the goods;
“the EEC Regulations ” means Commission Regulation ( EEC ) No. 3749/83 , Council Regulation (EEC) No. 2955/85 and Commission Regulation (EEC) No. 2466/86 on the concept of originating products.
2
1
Up to and including 31st December 1988, no customs duty shall be charged on goods —
a
which fall within a heading or subheading in Part 1 of Schedule 1 hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of any goods falling within headings 7207, 7208, 7209, 7210, 7211, 7212, 7213, 7214, 7215 or 7228 originating in China nor in respect of any goods originating in Yugoslavia.
2
Up to and including 31st December 1988, no customs duty shall be charged on goods —
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
3
Up to and including 31st December 1988, no customs duty shall be charged on goods which fall within the headings 7209 or 7219 and originate in Romania.
4
Paragraphs (1), (2) and (3) above shall only apply to goods in respect of which an importer delivers an entry thereof for home use (within the meaning of section 37 of the Customs and Excise Management Act 1979 and Regulation 13 of the Customs Warehousing Regulations 1979 containing an application for relief from customs duty in the United Kingdom on or after 1st January 1988 accompanied by such documents as may be required under the provisions of the EEC Regulations. This paragraph shall not apply in respect of any goods falling within the headings 7207, 7211 or 7212 originating in Yugoslavia.
3
1
Up to and including 31st December 1988, no customs duty shall be charged on goods falling within a heading or subheading specified in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this Article the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Article 4 of the Customs Duties Quota Relief (Administration) Order 1986 shall apply for the purposes of this Article subject to the modification that the application for relief from customs duty shall be accompanied by such documents as may be required under the provisions of the EEC Regulations.
4
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto or Romania if they are to be regarded as so originating by virtue of the EEC Regulations.
Alan Clark
Minister for Trade,
Department of Trade and Industry
8th December 1987


text:
1
The new highways which the Secretary of State proposes to construct along two routes, to connect the northbound and southbound carriageways of the new trunk road with Brighton Road (B2117) (as proposed to be improved) at Muddleswood (the highways along these routes being in this Order referred to as “the slip roads” and respectively given the reference letters A and B on the deposited plan), shall become trunk roads as from the date when the Order comes into force.
2
The centre lines of the slip roads are indicated by heavy black lines on the deposited plan.
3
In this Order —
i
“the deposited plan” means the plan numbered CSE 205/2/26/02, marked “The London-Brighton Trunk Road (A23 Muddleswood Slip Roads) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk road” means the highway to be provided by the Secretary of State in pursuance of the London-Brighton Trunk Road (A23 Albourne (B2116) — Muddleswood) Order 1987 ;
4
This Order shall come into force on 31st December 1987 and may be cited as the London-Brighton Trunk Road (A23 Muddlewood Slip Roads) Order 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Regional Office
Department of Transport
21st October 1987


text:
1
The lengths of the trunk roads described in Schedules 1 and 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as principal roads as from the date on which this Order comes into force.
2
In this Order —
i
“the deposited plan”
means the plan numbered HA10/2 — WO56 containing 2 plans and marked “The London — Fishguard Trunk Road (A48) (County of South Glamorgan) and The Cardiff — Glan Conwy Trunk Road (A470) (County of South Glamorgan) Detrunking Order 1987”, signed by authority of the Secretary of State and deposited at the Welsh Office, Departmental Records Office, Curran Embankment, Cardiff CF1 5DX;
ii
“principal roads”
as a classification for highways, means that the highways are principal roads for the purpose of enactments and instruments which refer to highways classified as principal roads and are also classified for the purpose of every other enactment and instrument which refer to highways classified by the Secretary of State;
iii
“the trunk roads”
means The London — Fishguard Trunk Road (A48) and The Cardiff — Glan Conwy Trunk Road (A470).
3
This Order shall come into force on 1st April 1987 and may be cited as The London — Fishguard Trunk Road (A48) (County of South Glamorgan) and The Cardiff — Glan Conwy Trunk Road (A470) (County of South Glamorgan) Detrunking Order 1987.
Signed by authority of the Secretary of State.
G. Mercer
Director of Highways Welsh Office
20th February 1987


text:
1
This Order may be cited as the Protected Shorthold Tenancies (Rent Registration) Order 1987 and shall come into force on the expiry of the period of ten weeks beginning with the day on which this Order is made.
2
Section 52(1) of the Housing Act 1980 shall have effect as if paragraph (c) of that subsection were omitted.
3
The Protected Shorthold Tenancies (Rent Registration) Order 1981 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
23rd February 1987
Nicholas Edwards
Secretary of State for Wales
19th February 1987


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Compulsory Insurance) Regulations 1987 and shall come into force on 31st December 1988.
Cover to be provided by the policy
2
1
Section 145 of the Road Traffic Act 1972 (requirements in respect of policies of insurance) shall be amended as follows.
2
In subsection (3) (cover to be provided by the policy), for paragraph (a) there shall be substituted —
a
must insure such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of, or bodily injury to, any person or damage to property caused by, or arising out of, the use of the vehicle on a road in Great Britain;
3
For subsection (4) (liabilities not required to be covered by the policy) there shall be substituted —
4
The policy shall not, by virtue of subsection (3)(a) above, be required —
a
to cover liability in respect of the death, arising out of and in the course of his employment, of a person in the employment of a person insured by the policy or of bodily injury or damage to property sustained by such a person arising out of and in the course of his employment; or
b
to provide insurance for more than £250,000 in respect of all such liabilities as may be incurred in respect of damage to property caused by, or arising out of, any one accident involving the vehicle; or
c
to cover liability in respect of damage to the vehicle; or
d
to cover liability in respect of damage to goods carried for hire or reward in or on the vehicle or in or on any trailer (whether or not coupled) drawn by the vehicle; or
e
to cover any liability of a person in respect of damage to property in his custody or under his control; or
f
to cover any contractual liability.
.
Duty of insurers etc. to satisfy judgments
3
1
Section 149 of that Act (duty of insurers or persons giving security to satisfy certain judgments) shall be amended as follows.
2
For subsection (1) there shall be substituted —
1
This section applies where, after a certificate of insurance or certificate of security has been delivered under section 147 of this Act to the person by whom a policy has been effected or to whom a security has been given, a judgment to which this subsection applies is obtained.
1A
Subsection (1) above applies to judgments relating to a liability with respect to any matter liability with respect to which is required to be covered by a policy of insurance under section 145 of this Act if —
a
it is a liability covered by the terms of the policy or security to which the certificate relates, and the judgment is obtained against any person who is insured by the policy or whose liability is covered by the security, as the case may be; or
b
it is a liability, other than an excluded liability, which would be so covered if the policy insured all persons or, as the case may be, the security covered the liability of all persons, and the judgment is obtained against any person other than one who is insured by the policy or, as the case may be, whose liability is covered by the security.
1B
In deciding for the purposes of subsection (1A) above whether a liability is or would be covered by the terms of a policy or security, so much of the policy or security as purports to restrict, as the case may be, the insurance of the persons insured by the policy or the operation of the security by reference to the holding by the driver of the vehicle of a licence authorising him to drive it shall be treated as of no effect.
1C
In subsection (1A)(b) above “excluded liability” means a liability in respect of the death of, or bodily injury to, or damage to the property of any person who, at the time of the use which gave rise to the liability, was allowing himself to be carried in or upon the vehicle and knew or had reason to believe that the vehicle had been stolen or unlawfully taken, not being a person who did not know and had no reason to believe that the vehicle had been stolen or unlawfully taken until after the commencement of his journey and could not reasonably have been expected to have alighted from the vehicle.
In this subsection the reference to a person being carried in or upon a vehicle includes a reference to a person entering or getting on to, or alighting from, the vehicle.
1D
Notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy or security, he shall, subject to the provisions of this section, pay to the persons entitled to the benefit of the judgment —
a
as regards liability in respect of death or bodily injury, any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum;
b
as regards liability in respect of damage to property, any sum required to be paid under subsection (1E) below; and
c
any amount payable in respect of costs.
1E
This subsection requires the payment —
a
where the total of any amounts paid, payable or likely to be payable under the policy or security in respect of damage to property caused by, or arising out of, the accident in question does not exceed £250,000, of any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum;
b
where that total exceeds £250,000, of either —
i
such proportion of any sum payable under the judgment in respect of the liability as £250,000 bears to that total, together with the same proportion of any sum which, by virtue of any such enactment, is payable in respect of interest on that sum; or
ii
the difference between the total of any amounts already paid under the policy or security in respect of such damage and £250,000, together with such proportion of any sum which, by virtue of any such enactment, is payable in respect of interest on any sum payable under the judgment in respect of the liability as the difference bears to that sum;
whichever is less, unless not less than £250,000 has already been paid under the policy or security in respect of such damage (in which case nothing is payable).
.
3
In subsection (2)(c) (exceptions), after the words “death or bodily injury” there shall be inserted “or damage to property”.
4
After subsection (4) there shall be inserted —
4A
Where an insurer becomes liable under this section by virtue only of the operation of subsection (1B) above to pay an amount in respect of a liability of a person who is insured by a policy or whose liability is covered by a security, he shall be entitled to recover the amount from that person.
4B
Where an insurer becomes liable under this section to pay an amount in respect of a liability of a person who is not insured by a policy or whose liability is not covered by a security, he shall be entitled to recover the amount from that person or from any person who —
a
is insured by the policy, or whose liability is covered by the security, by the terms of which the liability would be covered if the policy insured all persons or, as the case may be, the security covered the liability of all persons; and
b
caused or permitted the use of the vehicle which gave rise to the liability.
.
5
In subsection (6) (application to Scotland), for the words “in subsection (1)” there shall be substituted “and by virtue of any such enactment”.
Meaning of “accident”
4
After section 158(2) of that Act (interpretation of Part VI) there shall be added —
3
In this Part of this Act any reference to an accident includes a reference to two or more causally related accidents.
.
Nuclear risks: consequential amendment
5
In section 21(5) of the Nuclear Installations Act 1965 (compulsory motor insurance etc. not required to cover injury for which there is a liability under certain provisions of that Act) after the words “injury to any person” there shall be inserted “, or damage to the property of any person,”.
Definition of “normally based”
6
In Regulation 2(2)(a) of the Motor Vehicles (Compulsory Insurance) (No.2) Regulations 1973 for the words “in which the vehicle is registered” there shall be substituted “of which the vehicle bears a registration plate”.
Paul Channon
Secretary of State for Transport
16th December 1987


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Test Valley) Designation Order 1987 and shall come into force on 1st January 1988.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
“fen habitat” means an area of semi-natural vegetation which is waterlogged throughout the year;
“grassland” means land on which the vegetation consists primarily of grass species;
“livestock unit” means —
1 cow, or
1.4 bulls or other bovine animals over two years old, or
1.6 bovine animals from one to two years old inclusive, or
2.5 bovine animals less than one year old, or
6.66 sheep;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“wet woodland” means woodland in which the ground is waterlogged for the greater part of the year;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Test Valley in the County of Hampshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Test Valley environmentally sensitive area” dated 25th November 1987, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provisions that: —
a
in the event of a breach by the farmer of the requirements referred to in article 4 the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a civil debt an amount equivalent to the payments made by the Ministr under the agreement or such part thereof as the Minister may specify;
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
1
Payments made by the Minister under an agreement shall be at the rate of £80 per annum for each hectare of grassland to which the agreement relates.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John MacGregor
Minister of Agriculture, Fisheries and Food
25th November 1987.
We consent,
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1987


text:
1
These Regulations may be cited as the Police Pensions (Lump Sum Payments to Widows) Regulations 1987 and shall come into force on 7th December 1987.
2
In these Regulations any reference to the old cases Regulations is a reference to the Police Pensions Regulations 1971 , in so far as they continue to have effect .
3
These Regulations shall be construed as one with the old cases Regulations which shall have effect as if regulation 4 of these Regulations were included therein.
4
1
This regulation shall apply to a widow who is in receipt of a pension increased under any of the following provisions of the old cases Regulations, namely under —
a
regulation 30 (discretionary increase in widow’s ordinary pension);
b
regulation 33 (discretionary increase in widow’s special pension); or
c
regulation 35 (discretionary increase in widow’s award under former Acts),
where the increase is payable in respect of a period which includes a day in the week beginning with 7th December 1987.
2
Except where a widow to whom this regulation applies is entitled to a payment by virtue of the Pensioners' Lump Sum Payments Order 1987, the police authority shall pay her a gratuity of £10.
3
For the purposes of regulation 49 of the old cases Regulations (prevention of duplication), a gratuity under this regulation shall be ignored.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
4th August 1987
We consent,
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
10th August 1987


text:
Citation and commencement
1
1
This Order may be cited as the Lothian Regional Council (Megget Reservoir etc.) (Amendment) Water Order 1987 and shall come into force on 12th June 1987.
2
This Order, the South-East of Scotland Water Board (Megget Reservoir etc.) Water Order 1974 (hereinafter referred to as “the principal Order”) and the Lothian Regional Council (Megget Reservoir etc.) (Amendment) Water Order 1982 may be cited together as the Lothian Regional Council (Megget Reservoir etc.) Water Orders 1974 to 1987.
Amendment of the principal Order
2
In article 7 of the principal Order the quantities and rates of flow shall be amended in terms of the Schedule to this Order.
3
The Lothian Regional Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the principal office of the Regional Secretary of the Council a copy thereof.
Scottish Development Department New St. Andrew’s House, Edinburgh 5th June 1987
R. McGillivray
Chief Engineer


text:
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1984 (Continuance) Order 1987 and shall come into force on 22nd March 1987.
2
In this Order, “the temporary provisions of the Act of 1984 ” means sections 1 to 13, 14 (except in so far as it relates to orders under subsection (2)(a) or (b) of section 17) and 17(2)(c) of the Prevention of Terrorism (Temporary Provisions) Act 1984 and Schedules 1 to 3 thereto.
3
The temporary provisions of the Act of 1984 shall continue in force for a period of twelve months beginning with 22nd March 1987.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 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
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”means the plan numbered RSE A41/1/65/2/1 marked “The A41 London — Birmingham Trunk Road (Bicester Bypass) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk road”means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road”means the London — Birmingham Trunk Road (A41).
4
This Order shall come into force on 3rd December 1987 and may be cited as the A41 London — Birmingham Trunk Road (Bicester Bypass) Order 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director, South East Region,
Department of Transport
5th November 1987


text:
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 4) Order 1987.
2
The provisions of the Financial Services Act 1986 specified in the first column of the Schedule hereto shall come into force on 23rd April 1987.
Michael Howard
Parliamentary Under-Secretary of State
Department of Trade and Industry
2nd April 1987


text:
Citation and Commencement
1
This Order may be cited as the Financial Services (Disclosure of Information) (Designated Authorities No.2) Order 1987 and shall come into force on the day after it is laid before Parliament.
Designation of authorities and specification of functions
2
For the purposes of section 180 of the Financial Services Act 1986 and section 449 of the Companies Act 1985 —
a
the Insolvency Practitioners Tribunal is designated as an authority in relation to its functions under the Insolvency Act 1986 ;
b
the Occupational Pensions Board is designated as an authority in relation to its functions under the Social Security Act 1973 and the Social Security Acts 1975 to 1986; and
c
the body known as the Panel on Take-overs and Mergers is designated as an authority in relation to all its functions.
Michael Howard
Parliamentary Under Secretary of State
Department of Trade and Industry
11th May 1987


text:
Title and commencement
1
This Order may be cited as the Kirkcaldy and North East Fife Districts (Montrave Estate) Boundaries Amendment Order 1987, and shall come into force on 15th February 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The Kirkcaldy and North East Fife Districts (Montrave Estate) Boundaries Amendment Order 1987 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
The 1977 Regulations shall apply for the purposes of this Order to such an extent as may be required to implement the area changes effected by article 4 of this Order.
Area changes
4
Those parts of Montrave Estate in Kirkcaldy District, being Area A, Area B and Area C described in the Schedule to this Order and shown delineated, hatched and marked “Area A”, “Area B” and “Area C” on the boundary map, shall be transferred to North East Fife District.
Consequential changes of electoral arrangements
5
1
Area A described in the Schedule to this Order (being the Area A transferred by article 4 of this Order) —
a
shall form part of electoral division 26 (Pittenweem/St Monance/Elie/Largo) of Fife Region( ) and of ward 14 (Largo) of North East Fife District( ); and
b
shall cease to form part of electoral division 13 (Kennoway and Windygates) of Fife Region and of ward 26 (Kennoway) of Kirkcaldy District ( ).
2
Area B described in the Schedule to this Order (being the Area B transferred by article 4 of this Order) —
a
shall form part of electoral division 26 (Pittenweem/St Monance/Elie/Largo) of Fife Region and of ward 14 (Largo) of North East Fife District; and
b
shall cease to form part of electoral division 13 (Kennoway and Windygates) of Fife Region and of ward 25 (Windygates) of Kirkcaldy District.
3
Area C described in the Schedule to this Order (being the Area C transferred by article 4 of this Order) —
a
shall form part of electoral division 26 (Pittenweem/St Monance/Elie/Largo) of Fife Region and of ward 14 (Largo) of North East Fife District; and
b
shall cease to form part of electoral division 12 (Leven) of Fife Region and of ward 24 (Leven East) of Kirkcaldy District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
10th December 1987


text:
Title, commencement and application
1
1
This Order may be cited as the Water Authorities (Return on Assets) Order 1987 and shall come into force on 23rd December 1987.
2
This Order applies to all the water authorities of England and Wales.
Current cost accounting
2
In determining for the purposes of this Order the value of a water authority’s net assets and its current cost operating profit, the authority shall have regard to the guidance about current cost accounting contained in the publication entitled“Statement of Standard Accounting Practice No. 16” issued by the bodies represented on the Consultative Committee of Accountancy Bodies in March 1980.
Definition of “the value of their net assets” for the purposes of section 29 of the Act
3
In relation to any water authority “the value of their net assets” is defined, for the purposes of section 29 of the Water Act 1973, as the mean between the total net value, at current cost, of the assets held by the authority for the purposes of their functions (other than functions relating to land drainage) on 1st April 1988 and of the assets so held on 31st March 1989.
Return on value of net assets
4
1
In this article, in relation to any water authority —
“their 1988 balance” means the amount by which that authority’s 1988 achievement, as defined in the Water Authorities (Return on Assets) Order 1986 , exceeded or fell short of the rate of return specified for that authority in the Schedule to the said Order; and
“their 1989 achievement” means the aggregate of —
their 1988 balance, or 0.2 per cent. of the value of their net assets, whichever is the lesser amount,
the current cost operating profit of the authority earned for the financial year 1988 — 89 from the authority’s functions other than functions relating to land drainage, and
any amount transferred to their appropriation account in respect of that year from any tariff equalisation fund maintained by the authority.
2
The rate per cent. shown in relation to any water authority in the Schedule to this Order is specified as the rate of return on the value of their net assets which the Secretary of State considers it reasonable for that authority to achieve in respect of the financial year 1988 — 89 (in this article referred to as “the specified rate for 1989”).
3
It is hereby directed that during the financial year 1988 — 89 each water authority shall discharge their functions with a view to securing that their 1989 achievement expressed as a percentage of the value of their net assets is not less than the specified rate for 1989.
Nicholas Ridley
Secretary of State for the Environment
26th November 1987
Peter Walker
Secretary of State for Wales
26th November 1987
We approve the making of this Order,
Tony Durant
David Lightbrown
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 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
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA10/2 SW M45 marked “The Exeter — Launceston — Bodmin Trunk Road (A30) (Alder Quarry Realignment) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road”
means the Exeter — Launceston — Bodmin Trunk Road (A30).
4
This Order shall come into force on 24th September 1987 and may be cited as the Exeter — Launceston — Bodmin Trunk Road (A30) (Alder Quarry Realignment) Order 1987.
Signed by authority of the Secretary of State
G. M. Wedd
Regional Director South West Region
Department of Transport
26th August 1987


text:
1
This Order may be cited as the Exempt Charities Order 1987.
2
The Institute of Education, University of London, a college of the University of London, is hereby declared to be an exempt charity for the purposes of the Charities Act 1960.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Waste Food) (Fees for Licences) Order 1987 and shall come into force on 1st April 1987.
Interpretation
2
In this Order —
“the appropriate Minister”means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;;
“the 1973 Order ”means the Diseases of Animals (Waste Food) Order 1973 .
“a seasonal operator”means a person who operates plant and equipment for processing waste food on any premises for a period of not more than six months in any twelve months ending with 31st March.
Fees
3
There shall be paid to the appropriate Minister in respect of the matters specified in column (1) of the Schedule to this Order the fees specified in column (3) of that Schedule, such fees being payable at the times specified in column (2) of that Schedule.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd March 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. MacKay
Parliamentary Under-Secretary of State, Scottish Office
4th March 1987
Nicholas Edwards
Secretary of State for Wales
3rd March 1987
We consent,
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1987


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) (No.4) Order 1987 and shall come into force on 6th December 1987.
2
For the purposes of section 66 of, and Schedule 8 to, the Finance Act 1976 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 10½ per cent. per annum.
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd November 1987


text:
Citation, interpretation and commencement
1
This Order, which may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1987, amends the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 (hereinafter referred to as “the principal Order”) and shall come into force on 30th April 1987.
Amendment of articles 1, 6 and 12 of the principal Order
2
1
In article 1(2) of the principal Order (interpretation) for the definition of “the Misuse of Drugs Regulations ” there is substituted the following definition:
“the Misuse of Drugs Regulations” means, in relation to England, Wales and Scotland, the Misuse of Drugs Regulations 1985 and, in relation to Northern Ireland, the Misuse of Drugs (Northern Ireland) Regulations 1986 ;
.
2
In article 6(2)(d), (4)(c) and (5) of the principal Order (which refers to emergency sale or supply by a retail pharmacist) and in article 12(2)(b) of the principal Order (conditions relating to prescriptions), for the words, “Schedule 2, 3 or 4 to the Misuse of Drugs Regulations” there are substituted the words, “Schedule 1, 2 or 3 to the Misuse of Drugs Regulations”.
Amendment of articles 3 and 4 of, and Schedule 1 to, the principal Order
3
1
In article 3(1)(a) of the principal Order (medicinal products on prescription only), after the words “subject to article 4(1)” there are inserted the words “and (1A), and Part IV of Schedule 1”.
2
In article 4 of the principal Order (medicinal products that are not prescription only), after paragraph (1) there is inserted the following paragraph —
1A
Notwithstanding article 3(1)(a), medicinal products specified in Part IV of Schedule 1 shall not be prescription only medicines.
3
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in circumstances also listed) —
a
there are inserted in column 1, at the appropriate point in the alphabetical order of the substances listed, the substances specified in column 1 of Schedule 1 to this Order and in columns 2 and 3, so as to appear against the particular substance to which it relates, there is inserted as the case may be any entry appearing in columns 2 and 3 of Schedule 1 to this Order against that substance;
b
there are deleted from column 1 the substances specified in Schedule 2 to this Order;
c
for the entry in columns 2 and 3 relating to the substance Podophyllum Resin listed in column 1 there is substituted the entry relating to that substance set out in columns 2 and 3 of Schedule 3 to this Order;
d
i
in the footnote to the column 4 entries relating to the substances Atropine, Atropine Methobromide, Atropine Methonitrate, Atropine Oxide Hydrochloride, Atropine Sulphate, Hyoscine Butylbromide, Hyoscine Hydrobromide, Hyoscine Methobromide, Hyoscine Methonitrate, Hyoscyamine, Hyoscyamine Hydrobromide and Hyoscyamine Sulphate, after the words, “Subject to” there are inserted the words, “paragraph 1 of”; and
ii
in column 2 opposite each of the substances Sodium Fluoride, Sodium Monofluorophosphate and Stannous Fluoride there is inserted “ (b) ” and at the foot of each page where such an insertion is made there are inserted the words, “ (b) Subject to paragraph 2 of the note at the end of Part I of Schedule 1.”; and
iii
after the word “Note:” where it appears at the end of that Part there is inserted the number “1.” and after the entry for the Note numbered 1. there is inserted the following new paragraph:
2
In relation to a medicinal product which contains more than one of the substances Sodium Fluoride, Sodium Monofluorophosphate and Stannous Fluoride combined in a dentifrice, the maximum strength of the combination for the purposes of column 2 shall not exceed 0.15 per cent calculated as Fluorine.
4
In Part III of Schedule 1 to the principal Order (medicinal products, specified by name and product licence number, which are prescription only medicines) there is deleted the entry “Debrisan 0009/0021”.
5
After Part III of Schedule 1 to the principal Order there is added Part IV as set out in Schedule 4 to this Order.
Amendment of Schedule 2 to the principal Order
4
From Schedule 2 to the principal Order (substances not to be contained in a prescription only medicine sold or supplied under the exemption conferred by article 6(3) of the principal Order), there are deleted the substances Phentermine Hydrochloride and Phentermine Resin Complex.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
1st April 1987
Nicholas Edwards
Secretary of State for Wales
31st March 1987
Malcolm Rifkind
Secretary of State for Scotland
31st March 1987
In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st April 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this 3rd day of April 1987.
Maurice N. Hayes
Permanent Secretary
Sealed with the official seal of the Department of Agriculture for Northern Ireland this 6th day of April 1987.
W. H. Jack
Permanent Secretary